(Printable Agenda)

REGULAR CITY COUNCIL MEETING

REGULAR REDEVELOPMENT AGENCY MEETING

JULY 11, 2006

AGENDA

 

 

 

ORDER OF BUSINESS

 

         12:30 p.m.   -     Finance Committee Meeting, Room 15

           2:00 p.m.   -     City Council Meeting

           2:00 p.m.   -     Redevelopment Agency Meeting

 

 

ORDINANCE COMMITTEE AND FINANCE COMMITTEE MEETINGS

SPECIAL FINANCE COMMITTEE MEETING - 12:30 P.M. IN ROOM 15 (120.03)

1.                  Subject:  Fiscal Year 2006 Interim Financial Statements For The Eleven Months Ended May 31, 2006 (See Agenda Item No. 6)

2.                  Subject:  Redevelopment Agency Fiscal Year 2006 Interim Financial Statements For The Eleven Months Ended May 31, 2006 (See Agenda Item No. 18)

3.                  Subject:  Pilot Rebate Program For Private Sewer Lateral Repairs


AFTERNOON SESSION

 

AFTERNOON SESSION

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

CEREMONIAL ITEMS

1.                  Subject:  Proclamation Declaring July 2006 As Parks And Recreation Month (120.04)

2.                  Subject:  Employee Recognition - Service Award Pins (410.01)

Recommendation: That Council authorize the City Administrator to express the City's appreciation to employees who are eligible to receive service award pins for their years of service through July 31, 2006.

CHANGES TO THE AGENDA

PUBLIC COMMENT

COUNCILMEMBER COMMITTEE ASSIGNMENT REPORTS

CONSENT CALENDAR

CITY COUNCIL

3.                  Subject:  Minutes

Recommendation: That Council waive the reading and approve the minutes of the regular meeting of June 20, 2006.

4.                  Subject:  Contract For Construction Of Milpas Street Beautification Project And Acceptance Of A Street Easement At 826 North Milpas Street (530.04)

Recommendation: That Council:

A.                 Reprogram up to $425,000 from currently appropriated Streets Capital projects to the Milpas Street Beautification Project;

B.                 Authorize the Public Works Director to execute a contract with Granite Construction Company (Granite) in their low bid amount of $1,022,538 for construction of the Milpas Street Beautification Project, Bid No. 3411;

C.                Authorize the Public Works Director to approve expenditures up to $92,023 to cover any cost increases that may result from contract change orders for extra work and differences between estimated bid quantities and actual quantities measured for payment;

D.                Authorize the General Services Manager to issue a Purchase Order to Martyn Field Services, Incorporated (Martyn), in the amount of $2,500 for material testing services, and authorize the General Services Manager to approve expenditures of up to $250 for extra services of Martyn that may result from necessary changes in the scope of work;

E.                 Authorize the Public Works Director to execute an Easement Purchase Agreement with Verna I. Coyne and Judith E. Finch, Trustees of Coyne Descendant's Trust U/T/A March 18, 1991, and Trustees of Coyne Survivor's Trust U/T/A March 18, 1991, for the purchase of a public street easement along the real property commonly known as 826 North Milpas Street (Assessor's Parcel No. 031-051-024), in the amount of $6,250; and

F.                 Adopt, by reading of title only, A Resolution of the Council of the City of Santa Barbara Accepting a Public Street Easement Located at 826 North Milpas Street, Santa Barbara County Assessor's Parcel No. 031-051-024.

5.                  Subject:  Adoption Of Ordinance Pertaining To Animals On Airport Property (560.01)

Recommendation: That Council adopt, by reading of title only, An Ordinance Of The Council Of The City Of Santa Barbara Amending The Municipal Code By Amending Section 18.08.170 Pertaining To Animals On Airport Property.

6.                  Subject:  Fiscal Year 2006 Interim Financial Statements For The Eleven Months Ended May 31, 2006 (250.02)

Recommendation: That Council accept the Fiscal Year 2006 Interim Financial Statements for the Eleven Months Ended May 31, 2006.

7.                  Subject:  Lease Agreement With Brophy And Sons, Incorporated (330.04)

Recommendation: That Council approve a five-year lease agreement with Brophy and Sons, Incorporated, doing business as The Store at Brophys, for the retail clothing store operating at 119-C Harbor Way, at a monthly rent of $1,485 or 10% of gross sales, whichever is greater.

8.                  Subject:  License Agreement With Sea Urchin Harvesters Association (330.08)

Recommendation: That Council approve a three-year license agreement with Sea Urchin Harvesters Association, California, for the berthing of commercial fishing boats at a monthly rent of $1,138.17 per month on the north side of Cabrillo Landing in the Santa Barbara Harbor.

9.                  Subject:  Community Promotion Contract With Old Spanish Days (180.02)

Recommendation: That Council authorize the Finance Director to execute a Community Promotion contract with Old Spanish Days in an amount of $60,000 covering the period from July 1, 2006, to May 31, 2007.

10.             Subject:  Contract For Construction Of Sewer Main Improvement Project (540.13)

Recommendation: That Council:

A.                 Award and authorize the Public Works Director to execute a contract with Insituform Technologies, Inc. (Insituform), in their low bid amount of $1,739,827, with an alternate bid amount of $140,875, for a total of $1,880,702, for construction of the Sewer Main Improvement Project, Bid No. 3428;

B.                 Authorize the Public Works Director to approve expenditures up to $188,100 to cover any cost increases that may result from contract change orders for extra work and differences between estimated bid quantities and actual quantities measured for payment; and

C.                Authorize the General Services Manager to issue a Purchase Order to Martyn Field Services (Martyn), in the amount of $5,225 for material testing services, and authorize the Public Works Director to approve expenditures up to $525 for extra services of Martyn that may result from necessary changes in the scope of work.

11.             Subject:  Notice Of Completion For The Santa Barbara Airport Security Upgrade Project (560.04)

Recommendation: That Council accept the work completed by Taft Electric Company (Taft), Contract No. 21,606, for the Santa Barbara Airport Security Upgrade Project, Bid No. 3378, in the final contract amount of $1,785,614, including approved changes, and approve filing of a Notice of Completion.

12.             Subject:  Notice Of Completion For Punta Gorda-Voluntario Street Improvements Project (530.04)

Recommendation: That Council accept the work completed by Lash Construction, Incorporated (Lash), Bid No. 3449, Contract No. 21,896, for the Punta Gorda-Voluntario Street Improvements Project, in the final contract amount of $388,679.78, including approved changes, and approve filing of a Notice of Completion.

13.             Subject:  Notice Of Completion For Construction Of The Taxiway M Project (560.04)

Recommendation: That Council accept the work completed by Granite Construction Company (Granite), Contract No. 21,785, for the Taxiway M Project, Bid No. 3447, located at 601 Firestone Road at the Santa Barbara Airport, in the final contract amount of $4,335,142, including approved changes, and approve filing of a Notice of Completion.

14.             Subject:  Parcel Map For A Condominium Conversion At 902 N. Nopal Street And 805 E. Canon Perdido Street (640.08)

Recommendation: That Council:

A.                 Approve and authorize the City Administrator to record Parcel Map No. 20,726 by SMALL COW, LLC, for a Tentative Map approved by Planning Commission Resolution No. 003-06 on January 19, 2006, located at 902 N. Nopal Street and 805 E. Canon Perdido Street, Assessor's Parcel No. 029-312-005 (see List of Owners), finding the Map in conformance with the General Plan and applicable specific plans of the City; and

B.                 Approve and authorize the City Administrator to execute and record an Agreement Relating to Subdivision Map Conditions Imposed on Real Property.

15.             Subject:  Lease Agreements For Franklin Neighborhood Center, Westside Community Center, And Louise Lowry Davis Recreation Center (330.04)

Recommendation: That Council approve and authorize the Parks and Recreation Director to execute the following lease agreements for space at the following locations:

Franklin Neighborhood Center

Brotherhood of Santa Barbara

Cornelia Moore Dental Foundation Clinic

Endowment for Youth

University of California Santa Barbara (UCSB)/Project Excel

Westside Community Center

Independent Living Resource Center

Santa Barbara Special Olympics

Work Inc./UCP

Community Action Commission

Louise Lowry Davis Recreation Center

United Cerebral Palsy Association of Los Angeles, Ventura, and Santa Barbara Counties

16.             Subject:  Annual Miscellaneous Employer-Paid Member Contributions Adjustment (430.08)

Recommendation: That Council:

A.                 Adopt, by reading of title only, A Resolution of the Council of the City of Santa Barbara for Paying and Reporting the Value of Employer-Paid Member Contributions (EPMC) for Regular Miscellaneous Employees, Effective June 24, 2006; and

B.                 Adopt, by reading of title only, A Resolution of the Council of the City of Santa Barbara for Employer-Paid Member Contributions (EPMC) For Hourly Employees, Effective June 24, 2006

REDEVELOPMENT AGENCY

17.             Subject:  Minutes

Recommendation: That the Redevelopment Agency Board waive the reading and approve the minutes of the regular meeting of June 20, 2006.

18.             Subject:  Redevelopment Agency Fiscal Year 2006 Interim Financial Statements For The Eleven Months Ended May 31, 2006

Recommendation: That the Redevelopment Agency Board accept the Redevelopment Agency Fiscal Year 2006 Interim Financial Statements for the Eleven Months Ended May 31, 2006.

19.             Subject:  Budget Adjustment And Supplemental Appropriation - Redevelopment Agency Housing Bond Fund Interest

Recommendation: That the Agency Board increase estimated revenue in the Agency's Housing Bond Fund for the St. Vincent's Senior Housing Project by $175,773.63, the amount of interest earned on the bond proceeds, and appropriate this amount to the St. Vincent's Senior Housing Project.

NOTICES

20.             The City Clerk has on Thursday, July 6, 2006, posted this agenda in the Office of the City Clerk, on the City Hall Public Notice Board on the outside balcony of City Hall, and on the Internet.

 

This concludes the Consent Calendar.

REPORT FROM THE FINANCE COMMITTEE

CITY COUNCIL ADMINISTRATIVE AND ATTORNEY REPORTS

ADMINISTRATIVE SERVICES DEPARTMENT

21.             Subject:  Lowest Law Enforcement Priority Policy Ordinance (110.03)

Recommendation: That Council:

A.                 Receive the Certificate from the County Clerk-Recorder-Assessor and Registrar of Voters dated June 26, 2006, indicating that the subject initiative petition does have sufficient valid signatures; and

B.                 Refer the subject initiative petition to City staff to prepare a report on the effect of the initiative as provided in Elections Code Section 9212 (a) (1) and (8) to be presented at the City Council meeting of July 25, 2006.

AIRPORT DEPARTMENT

22.             Subject:  Lease Agreement with BDC Gateway Associates, LLC, and BDC Gateway Retail, LLC (330.04)

Recommendation: That Council:

A.                 Find that the project proposed by Citrix Systems, Inc., at 6100 Hollister Avenue will enhance the standard of living for City and South Coast residents and will strengthen the local or regional economy by creating new permanent employment opportunities and enhancing the City's revenue base, and grant the project a Final Economic Development Designation for 80,000 square feet of floor area;

B.                 Approve and authorize the Airport Director, subject to City Attorney approval, to execute an Agreement and Escrow Instructions between the City and BDC Gateway Associates, LLC, a California Limited Liability Company, and BDC Gateway Retail, LLC, a California Limited Liability Company, setting forth the agreements concerning the two leases for the  development of 160,000 square feet of commercial/industrial space and approximately 20,000 square feet of service retail on approximately 14.7 acres of land at 6100 Hollister Avenue, at the Santa Barbara Airport;

C.                Approve and authorize the Airport Director, subject to City Attorney approval, to execute a fifty (50) year Lease Agreement with BDC Gateway Associates, LLC, a California Limited Liability Company, for construction and management of 160,000 square feet of commercial/industrial space at 6100 Hollister Avenue, at the Santa Barbara Airport, for a monthly base rental of $29,861.08, effective upon recordation of the Memorandum of Lease;

D.                Introduce and subsequently adopt, by reading of title only, An Ordinance of the Council of the City of Santa Barbara Approving a Fifty-Year Ground Lease Dated August 17, 2006, Between the City Of Santa Barbara and BDC Gateway Associates, LLC, a California Limited Liability Company, for Construction and Management of 160,000 Square Feet of Commercial/Industrial Space at 6100 Hollister Avenue, at the Santa Barbara Airport;

E.                 Approve and authorize the Airport Director, subject to City Attorney approval, to execute a fifty (50) year Lease Agreement with BDC Gateway Retail, LLC, a California Limited Liability Company, for the construction and management of 20,000 square feet of service retail space at 6100 Hollister Avenue, at the Santa Barbara Airport, for a monthly base rental of $6,388.92, effective upon recordation of the Memorandum of Lease;

F.                 Introduce and subsequently adopt, by reading of title only, An Ordinance of the Council of the City of Santa Barbara Approving a Fifty-Year Ground Lease Dated August 17, 2006, Between the City of Santa Barbara and BDC Gateway Retail, LLC, a California Limited Liability Company, for Construction and Management of 20,000 Square Feet of Service Retail Space, at 6100 Hollister Avenue, at the Santa Barbara Airport;

G.                Approve and authorize the Airport Director, subject to City Attorney approval, to execute a Non-Disturbance, Attornment and Amendment Agreement with Wells Fargo Bank Northwest, National Association, a National Banking Association, the City of Santa Barbara, BDC Gateway Associates, LLC., Citrix Systems, Inc., a Delaware Corporation, and BA Leasing BSC, LLC, a Delaware Limited Liability Company, effective upon recordation of a Memorandum of Lease and providing mortgagee protections to BA Leasing for the financing of the project improvements; and

H.                 Introduce and subsequently adopt, by reading of title only, An Ordinance of the Council of the City of Santa Barbara Approving a Non-Disturbance, Attornment and Amendment Agreement with Wells Fargo Bank Northwest, National Association, a National Banking Association, the City of Santa Barbara, BDC Gateway Associated, LLC., Citrix Systems, Inc., a Delaware Corporation, and BA Leasing BSC, LLC, a Delaware Limited Liability Company, Effective Upon Recordation of the Memorandum of Lease and Providing Mortgagee Protections to BA Leasing for the Financing of the Project Improvements.

FIRE DEPARTMENT

23.             Subject: Wildland Fire Suppression Assessment District Formation (290.00)

Recommendation: That Council:

A.                 Hear a presentation from the City Clerk on the tabulation results of the Wildland Fire Suppression Assessment District balloting; and

B.                 Adopt, by reading of title only, A Resolution of the Council of the City of Santa Barbara Declaring its Intention to Order Expansion of Vegetation Road Clearance, Implementation of a Defensible Space Inspection and Assistance Program, and Implementation of a Vegetation Management Program Within the Foothill and Extreme Foothill Zones; Declaring the Work to be of More Than General or Ordinary Benefit and Describing the District to be Assessed to Pay the Costs and Expenses Thereof; Approving Engineer's Report; Confirming Diagram and Assessment; and Ordering Levy of the Wildland Fire Suppression Assessment District for Fiscal Year 2006-07.

REQUESTS FROM THE PUBLIC

24.             Subject:  Metropolitan Transit District Request For Letter Supporting Legislative Action To Change The Size And Composition Of The MTD Board Of Directors (150.05)

Recommendation: That Council consider a request from Sherrie Fisher, General Manager, Santa Barbara Metropolitan Transit District (MTD), for a letter in support of legislative action to change the size and composition of the MTD Board of Directors to include appointees from the Cities of Goleta and Carpinteria.

MAYOR AND COUNCIL REPORTS

25.             Subject:  City Advisory Group Appointments (140.05)

Recommendation: That Council make appointments to the City Advisory Groups.

PUBLIC HEARINGS

26.             Subject:  Appeal Of Architectural Board Of Review Decision To Approve Retaining Wall And Landscaping - 559 Ricardo Avenue (640.07)

Recommendation: That Council deny the appeal of Michael L. Sandford, Attorney representing Gary Semerdjian, and uphold the Architectural Board of Review's decision to grant Final Approval of the application of Grant and Monica Laviale for as-built retaining wall and landscaping improvements, making the Neighborhood Preservation Ordinance findings in the Council Agenda Report.

COUNCIL AND STAFF COMMUNICATIONS

CLOSED SESSIONS

27.             Subject:  Conference With Legal Counsel - Litigation (160.03)

Recommendation: That Council hold a closed session to consider litigation pursuant to subsection (a) of section 54956.9 of the Government Code and take appropriate action as needed.  The litigation is Erica Michelle Herman v. John Kevin McCarthy, etc., et al., Santa Barbara Superior Court Case No. 1167835.

            Scheduling:  Duration, 15 minutes; anytime          

            Report:  None anticipated

28.             Subject:  Conference With Legal Counsel - Pending Litigation (160.03)

Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (a) of section 54956.9 of the Government Code and take appropriate action as needed.  The pending litigation is Homes on Wheels, et al., v. City of Santa Barbara, et al., Santa Barbara Superior Court Case No. 1112384.

            Scheduling:  Duration, 15 minutes; anytime          

            Report:  None anticipated

29.             Subject:  Conference With Legal Counsel - Pending Litigation (160.03)

Recommendation: That Council hold a closed session to consider pending litigation pursuant to subsection (a) of section 54956.9 of the Government Code and take appropriate action as needed.  The pending litigation is Ruben Lino v. City of Santa Barbara, et al., SBSC Case Number 1159182.

            Scheduling:  Duration, 10 minutes; anytime

            Report:  None anticipated

30.             Subject:  Conference With Labor Negotiator (Police) (440.05)

Recommendation: That Council hold a closed session, per Government Code Section 54957.6, to consider instructions to the City's labor negotiators, Bruce Barsook, Liebert Cassidy Whitmore, and Kristy Schmidt, Employee Relations Manager, regarding negotiations with the Police Officers' Association.

            Scheduling:  Duration, 60 minutes; anytime

            Report:  None anticipated

ADJOURNMENT