Receipt of Documents after Distribution of Council Agenda:

Pursuant to SB 343, correspondence was received on April 16, 2009, after the distribution of the City Council Agenda packet.  The correspondence received is associated with Item No. 4 below and can be reviewed by selecting the associated Agenda Item link to the Agenda Report.

 

 

 

 

AGENDA OF THE CITY COUNCIL

CITY OF SANTA MARIA, CALIFORNIA

 

CITY HALL COUNCIL CHAMBERS

110 E. COOK STREET

 

Mayor Larry Lavagnino

Mayor Pro Tem Hilda Zacarías

Councilmember Mike Cordero

Councilmember Bob Orach

Councilmember Alice Patino

City Manager Tim Ness

City Attorney Gil Trujillo

City Clerk Patti Rodriguez

Chief Deputy City Clerk Patricia Perez

Ex-Officio Clerk of the City Council

 

 

REGULAR MEETING

APRIL 21, 2009, 6:30 P.M.

 

 

This agenda is prepared and posted pursuant to Government Code Section 54954.2.  By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item.  In addition to any action identified in the summary description of each item, the action that may be taken by the City Council shall include:  a referral to staff with specific requests for information; continuance; specific direction to staff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and disapproval.  Items not on the agenda may not be discussed or acted upon except under emergency circumstances.  (Government Code Section 54954.2).

 

Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk, 110 East Cook Street, Room 3, available for public inspection during City Hall business hours, and in the Library the Friday before the meeting. Any writing or documents provided to a majority of the City Council after distribution of the Agenda will also be available for public inspection in the Office of the City Clerk and the Library.  If requested, the agenda and supporting documents shall be made available in alternative formats to persons with a disability.  The City Clerk’s Office will answer any questions regarding the agenda.

 

The City of Santa Maria welcomes orderly participation at its meetings from all members of the public.  Orderly participation means speaking only on items of City business or on subjects within the City’s control.  Though the City Council wants to hear your concerns and values your input, it is inappropriate to defame, yell, or use profane language.  All cellular telephones and pagers are to be turned off or set to vibrate, and signs are not to be displayed in a manner which violates the rights of others or prevents others from watching or fully participating in the Council meeting.  Pursuant to Government Code Section 36813, the Mayor is authorized to prohibit such conduct, up to and including ordering anyone that disrupts the meeting to be removed from the City Council Chambers.

 

Participation includes assistance under the Americans with Disabilities Act to provide an equally effective opportunity for individuals with a disability to participate in and benefit from City activities. For the hearing impaired, the City has assisted listening equipment available. For TDD (Telecommunications Devices for the Deaf) service, please call (800) 735-2929.  In order for the City to make reasonable accommodation arrangements for the use of this assisted listening equipment, notification is required by at least 4:00 p.m. the Friday before the meeting by calling 925-0951, extension 307.  This equipment can also be used for translation by Spanish-only speaking persons.  To allow the City to coordinate and request a Spanish translator from the volunteer corps, call 925-0951, extension 307 by 1:00 p.m. on Monday before the meeting.  Para permitir a la Ciudad el poder coordinar y solicitar a un traductor para español del cuerpo de voluntarios, llame al 925-0951, extensión 307 a la 1:00 de la tarde el lunes antes de la junta.

 


INVOCATION:

 

PLEDGE OF ALLEGIANCE TO THE FLAG:

 

CALL TO ORDER:              Mayor Lavagnino

 

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

 

1.   PROCLAMATIONS/PRESENTATIONS:

 

A. Proclamation declaring the month of April 2009 as:

 

“FAIR HOUSING MONTH”

 

   in the City of Santa Maria and expressing the hope that this observance will assist in the continuance of equal housing opportunities for all residents of Santa Maria.

 

B.  Recreation and Parks Volunteers of the Month for April 2009:

 

MICHAEL MUSCIO, JAMES BERGSTROM, DAVID CASTILLO,

NAJELI CORRALES, PATRICK DEL REAL, LISBETH GUITERREZ, CHEYENNE LOPEZ, OSBALDO QUINTANAR, JUSTINA SOTELO, KIMBERLY WEBB, AND VIRGINIA YANEZ

 

8th Grade Science Teacher and students from Fesler Junior High School who gathered acorns, planted them, nurtured the small Oak Trees, and then planted 60 Oak tree saplings at the Los Flores Ranch Passive Recreation Project area.

 

C.  Proclamation declaring the week of April 19 – 25, 2009, as:

 

“WEEK OF THE YOUNG CHILD”

 

in the City of Santa Maria and urging all citizens to recognize the valuable contributions of early childhood teachers and care givers and to continue to actively support the need for more and better child care within our community.

 

D.  Proclamation declaring April 27 – May 20, 2009 as the dates for:

 

“KCOY’S SPRING FOOD DRIVE”

 

in the City of Santa Maria, and encouraging all residents of the Santa Maria Valley to participate by collecting cans of food for donation to the Santa Maria Valley Foodbank.

 

E.  Proclamation declaring May 7, 2009, as:

 

“NATIONAL DAY OF PRAYER OBSERVANCE”

 

in the City of Santa Maria and encouraging people of all faiths to participate in the National Day of Prayer according to their own traditions.

 

F.   Proclamation declaring May 1, 2009 as:

 

“PAINT OUR TOWN PURPLE DAY”

 

and  July 11 through 12, 2009, as:

 

“RELAY FOR LIFE DAYS”

 

in the City of Santa Maria and encouraging the residents to join in recognizing and participating in this purposeful event held in our community and to recognize all those living with cancer, and honor those individuals who have lost their lives to the dreaded disease of cancer. 

 

2.   PUBLIC COMMENT PERIOD (NOT TO EXCEED A TOTAL OF 15 MINUTES):

 

The Council values your input.  Individual speakers are limited to three minutes or as directed by the Mayor.  To address the Council you are asked to fill out a Request to Speak Form and provide it to City Staff PRIOR TO this part of the agenda.  This assists the Clerk in accurately preparing the minutes of the meeting.  Once the public comment period commences, no other speakers will be allowed to submit a Request to Speak Form.  This time is reserved to accept comments from the public on Consent Agenda items, Closed Session items, or matters not otherwise scheduled on this agenda.  Direction to staff may be given; however, State law does not allow action to be taken by the Council on matters not on the printed agenda at this meeting.  The law requires that notice be given to the public at large to allow for full disclosure and discussion and decisions on important public issues.  To have City Council discussions and decisions on unnoticed items would prevent the type of public input necessary to make governmental decisions.  Any members of the public at the teleconference location will be given the opportunity to address the Council.

 

3.   CONSENT CALENDAR:

 

The following routine items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting.  The Consent Calendar is approved by roll call vote with one motion.  These items are discussed only on request of Councilmembers.  Members of the public may speak on Consent Calendar items during the Public Comment Period.

 

SHOULD A COUNCILMEMBER WISH TO DISCUSS OR DISAPPROVE ANY ITEM, it must be dropped from the blanket motion of approval and considered as a separate item.

 

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

 

CITY MANAGER/CITY CLERK:

 

A.  Recommendation of City Staff to waive the reading in full of all ORDINANCES and RESOLUTIONS.  Ordinances on the Consent Agenda will be adopted by the same vote cast at the first meeting, unless City Council indicates otherwise.

 

B.  Recommendation of City Staff that the City Council approve the MINUTES of the Regular City Council Meeting of April 7, 2009.

 

a.   Minutes to be approved.

 

C.  Recommendation of City Staff that the City Council adopt a resolution approving amendments to, and an extension of, the current MEMORANDUM OF UNDERSTANDING (MOU) with the Santa Maria Police Officers’ Association (SMPOA).

 

a.                        Resolution No. 2009-53 to be adopted approving amendments to and an extension of the current MOU with the SMPOA.

 

ADMINISTRATIVE SERVICES DEPARTMENT:

 

D.  Payment of WARRANTS.

 

a.   To be ordered ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Administrative Services.

 

E.  Payment of PAYROLL.

 

a.   To be ordered ratified subject to having been certified by the proper Department Heads, as shown on records on file in the Department of Administrative Services, and having been approved for payment by the Director of Administrative Services.

 

PUBLIC WORKS DEPARTMENT:

 

F.   Recommendation of City Staff that the City Council adopt a resolution REJECTING ALL BIDS received for the project West Stowell Road Reconstruction, Bid No. 2009/12; and give approval to call for bids (re-advertise) on the plans and specifications for the project West Stowell Road Reconstruction, Bid No. 2009/12.

 

a.   Resolution No. 2009-54 to be adopted rejecting all bids.

 

G.  Recommendation of City Staff that the City Council give approval to CALL FOR BIDS on the plans and specifications for South Blosser Road Reconstruction, Bid No. 2009/11.

 

a.   Approval to call for bids to be granted.

 

UTILITIES DEPARTMENT:

 

H.  Recommendation of City Staff that the City Council adopt a resolution approving an agreement with CH2M Hill to provide professional services to evaluate groundwater treatment reverse osmosis concentrate disposal for the City of Santa Maria Wastewater Treatment Plant.

 

a.   Resolution No. 2009-55 to be adopted approving an agreement with CH2M Hill.

 

PUBLIC HEARINGS:

 

4.   PROHIBITING THE USE OF TOBACCO PRODUCTS IN PUBLIC PARKS EXCEPT IN DESIGNATED AREAS.  The City Council will consider a proposed ordinance approving changes to Santa Maria Municipal Code Chapter 5-7 “Tobacco Control Ordinance” which would prohibit the use of tobacco products in City parks, except in designated areas, and review the proposed placement of designated smoking areas for each of the City parks, as recommended by the Recreation and Parks Commission.  This item was originally heard by the City Council on January 20, 2009.

 

On March 10, 2009, the Recreation and Parks Commission reviewed and approved on a 5-0 vote, the revised definition of a “public park” and the proposed placement of designated smoking areas in each park. 

 

a.   Staff report to be made.   (Director of Recreation and Parks)

 

b.   Written communications.

 

c.   Those in favor to be heard.

 

d.   Those in opposition to be heard.

 

e.   After all persons have been heard, hearing to be closed.

 

f.    Ordinance No. 2009-09 amending Chapter 5-7 of the Santa Maria Municipal Code, prohibiting the use of any tobacco products in City parks to be introduced by title only for first reading and continued to the next meeting for second reading and adoption.

 

g.   Resolution No. 2009-56 to be adopted authorizing the Director of Recreation and Parks to establish designated smoking areas in public parks.

 

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

5.   SUSPENSION OF ANNUAL INCREASES FOR SOLID WASTE LANDFILL FEES AND COLLECTION RATES.  The City Council is requested to adopt a resolution approving the suspension of the five percent annual rate increase effective July 2009 for landfill charges, and suspending the five percent annual rate increase effective January 2010 for solid waste collection rates for fiscal year 2009-10.

 

a.   Staff report to be made.   (Director of Utilities)

 

b.   Council discussion.

 

c.   Resolution No. 2009-57 to be adopted approving the suspension of landfill rates and solid waste collection rates.

 

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

           

6.   public hearing FOR A WATER AND SEWER RATE INCREASE.  The City Council will conduct a public hearing, determine if a majority protest exists, and if no majority protest exists, introduce an ordinance instituting five percent water and sewer rate increases annually each  July 1st and four percent sewer rate increases each January 1st for fiscal years 2009-10, 2010-11, and 2011-12 to sustain the water and wastewater enterprises’ ability to operate the water and wastewater systems.

 

a.   Staff report to be made.   (Director of Utilities)

 

b.   Written communications.

 

c.   Those in favor to be heard.

 

d.   Those in opposition to be heard.

 

e.   After all persons have been heard, and all written protests filed, hearing to be closed.

 

f.    Clerk to determine if majority protest exists.

 

g.   Ordinance No. 2009-10 approving five percent rate increases for water and sewer annually each July 1st and four percent sewer rate increases each January 1st for fiscal years 2009-10, 2010-11, and 2011-12 to be introduced by title only for first reading and continued to the next meeting for second reading and adoption.

 

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

 

7.   PUBLIC HEARING FOR THE 2009 Annual Weed Abatement Program.  The City Council will conduct a public hearing to hear protests against the abatement of public nuisances such as noxious and dangerous weeds, rubbish, refuse, and dirt.

 

a.                                    Staff report to be made.  (Principal Civil Engineer)

 

b.                                    Written Communications.

 

c.                                    Those in favor to be heard.

 

d.                                    Those in opposition to be heard.

 

e.                                    After all persons have been heard, and all communications filed, hearing to be closed.

 

f.        Resolution No. 2009-58 to be adopted overruling objections to the abatement and authorizing the Streets and Facilities Manager to perform abatement of the nuisances.

 

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

 

REGULAR BUSINESS:

 

8.   REPORT ON CITY FINANCES.  Council will consider a recommendation that the City Council receive a report on City finances and adopt a resolution in support of Proposition 1A, a ballot measure on the May 19, 2009, Statewide Special Election.

 

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

 

b.   Council discussion.

 

c.   Resolution No. 2009-59 to be adopted supporting Proposition 1A.

 

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

 

REPORT BY CITY MANAGER:

 

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

 

ADJOURNMENT:          

 

ANNOUNCEMENTS:

 

CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON COMCAST CABLE TELEVISION CHANNEL 23 AND ARE REBROADCAST AT 9:00 A.M. ON THURSDAYS AND ON THE FOLLOWING TUESDAY AT 6:30 P.M.  COUNCIL MEETING VIDEOS ARE ALSO AVAILABLE FOR VIEWING ON THE CITY'S WEB SITE.  YOUR ATTENDANCE AT THIS PUBLIC MEETING MAY RESULT IN THE RECORDING AND BROADCAST OF YOUR IMAGE AND/OR VOICE.

 

IF YOU CHALLENGE A DETERMINATION MADE ON A MATTER ON THIS AGENDA IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED ON THIS AGENDA, OR IN WRITTEN CORRESPONDENCE TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING.

 

THE NEXT REGULAR CITY COUNCIL MEETING WILL BE HELD ON TUESDAY, MAY 5, 2009.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE MAY 5TH MEETING IS APRIL 23, 2009.

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

May 6, 2009

City Council Chambers

6:30 p.m.

 

 

 

 

Block Grants Advisory

Committee

May 11, 2009

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

May 12, 2009

City Hall Conference Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

May 12, 2009

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

May 12, 2009

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

May 14, 2009

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

May 18, 2009

City Hall Conference Room

5:30 p.m.