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

AUGUST 4, 2009, AT 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:

 

There are none scheduled.

 

 

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

 

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

 

 

3.   CONSENT CALENDAR:

 

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

 

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

 

ROLL CALL:      Councilmembers 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 July 21, 2009.

 

a.   Minutes to be approved.

 

C.    Recommendation of City Staff that the City Council adopt a resolution approving an amendment to the agreement between the County of Santa Barbara and the City of Santa Maria for Animal Control Services for fiscal year 2009-10.

 

a.      Resolution No. 2009-113 to be adopted approving an agreement with the County for Animal Control Services.

 

 

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.

 

 

COMMUNITY DEVELOPMENT DEPARTMENT:

 

F.   Recommendation of City Staff that the City Council conduct the second reading of Ordinance No. 2009-16 amending Section 12-34.11(q) of the Santa Maria Municipal Code related to off-site signs and adopt the ordinance.

 

a.   Ordinance No. 2009-16 to be adopted.

 

 

POLICE DEPARTMENT:

 

G.  Recommendation of City Staff that the City Council adopt a resolution authorizing the appropriation of $319,410 to be allocated to the Santa Maria Police Department under the provisions of the Office of Traffic Safety (O.T.S.) Driving Under the Influence (D.U.I.) Enforcement and Awareness Program Grant AL1001.

 

a.   Resolution No. 2009-114 to be adopted authorizing the appropriation to the Police Department.

 

 

PUBLIC WORKS DEPARTMENT:

 

H.  Recommendation of City Staff that the City Council adopt a resolution awarding the bid for North Railroad Avenue Storm Drain, Bid No. 2009/13, and approving a contract with R. Baker, Inc., in the amount of $123,630.00.

 

a.   Resolution No. 2009-115 awarding the bid to and approving a contract with R. Baker, Inc., to be adopted.

 

I.    Recommendation of City Staff that the City Council give approval to call for bids on the plans and specifications for Landfill Concrete Drainage Swale, Bid No. 2009/14.

 

a.   Approval to call for bids to be granted.

 

J.   Recommendation of City Staff that the City Council adopt a resolution approving an easement, separate agreement, and temporary construction easement with the Santa Maria Public Airport District for roadway purposes for the dedication of right-of-way for the Union Valley Parkway (UVP).

 

a.   Resolution No. 2009-116 approving an easement, agreement and temporary construction easement with the Santa Maria Public Airport District to be adopted.

 

 

APPOINTMENTS:

 

4.   APPOINTMENT TO BLOCK GRANT ADVISORY COMMITTEE.  The City Council will consider making one remaining appointment to the Block Grants Advisory Committee for a term of three years. 

 

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

 

b.   Nomination to be made by Councilmember Cordero.

      Applications were received from Nicolette Burke, Robert Cullatti, Patricia Lala, John McCoy, John Venable, and Kenneth Wolf.

 

c.   Appointment to be made.

 

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

 


PUBLIC HEARINGS:

 

5.   DEVELOPMENT AGREEMENT FOR THE WINDSET FARMS PROJECT TO ALLOW THE PHASED DEFERRAL OF PUBLIC INFRASTRUCTURE IMPROVEMENTS, FILE NOS. SP-2009-015 AND E-2009-017.  The City Council will consider a recommendation from the Planning Commission regarding the filing of a Mitigated Negative Declaration of Environmental Impact and an ordinance approving and executing a Development Agreement with the property owner to allow the phased deferral of public infrastructure improvements for the Windset Farms hydroponic farm. The subject site is located in three zoning districts: OS (Open Space) on 145.5 acres; PD/CM (Planned Development/Commercial Manufacturing) on 47.4 acres and PD/M-2 (Planned Development/General Manufacturing) on 28.7 acres on a 221.6 acre parcel, Assessor’s Parcel No. 117-310-002. 

 

On July 1, 2009, the Planning Commission considered the Conditional Use Permit for the project and continued the item to August 19, 2009, pending City Council action on the Development Agreement.  On July 15, 2009, the Planning Commission adopted Resolution No. 2548 on a 5-0 vote recommending the City Council approve the Mitigated Negative Declaration of Environmental Impact and approve and execute the Development Agreement.

 

a.   Staff report to be made.   (Director of Community Development)

 

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.    Resolution No. 2009-117 to be adopted authorizing the filing of a Mitigated Negative Declaration of Environmental Impact and adopting the Mitigation Monitoring Program.

 

g.   Ordinance No. 2009-17 approving and executing a Development Agreement with the property owner to allow the phased deferral of public infrastructure improvements for the Windset Farms project 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

 

6.   PUBLIC hearing to consider input in connection with annual adjustments to assesSments FOR THE FOUR LANDSCAPE MAINTENANCE DISTRICTS IN THE cITY: south miller street/south college drive, NORTHWEST, NORTHEAST, AND SOUTHWEST LANDSCAPE MAINTENANCE DISTRICTS and all special benefit zones.   The City Council will hear protests related to the 2009-10 annual assessments for the City’s Landscape Maintenance Districts.  There is no increase in the landscape maintenance assessments proposed for 2009-10.

 

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, and all communications filed, hearing to be closed.

 

f.        Resolution No. 2009-118 to be adopted ordering the assessments for the South Miller Street/South College Drive Landscape Maintenance Assessment District No. DS-6.

 

g.      Resolution No. 2009-119 to be adopted ordering the assessments for the Northwest Landscape Maintenance Assessment District No. DS-9.

 

h.      Resolution No. 2009-120 to be adopted ordering the assessments for the Northeast Landscape Maintenance Assessment District No. DS-10.

 

i.        Resolution No. 2009-121 to be adopted ordering the assessments for the Southwest Landscape Maintenance Assessment District No. DS-11.

 

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

 

 

REPORT BY CITY MANAGER:

 

 

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

 

 

CLOSED SESSION:     The City Council will recess to a Closed Session to discuss:

 

CONFERENCE WITH LEGAL COUNSEL - regarding EXISTING LITIGATION pursuant to Subsection (a) of Government Code Section 54956.9 to discuss ORCUTT CITIZENS FOR BETTER ENVIRONMENT v. CITY OF SANTA MARIA, Case No. 1314150.

 

CONFERENCE WITH LABOR NEGOTIATORS pursuant to Section 54957.6 of the Government Code.

 

Agency Representative:        Assistant City Manager

 

Employee Organizations:      Santa Maria Police Officers Association (SMPOA); Service Employees International Union (SEIU), Local 620; Fire Fighters Local 2020; Public Safety Managers; and Non-Represented Management and Confidential Employees

 

 

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, AUGUST 18, 2009.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE AUGUST 18TH MEETING IS AUGUST 6, 2009.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

Aug 5, 2009

City Council Chambers

6:30 p.m.

 

 

 

 

Block Grants Advisory

Committee

Aug 10, 2009

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

Aug 11, 2009

Library Study Room C

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

Aug 11, 2009

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

Aug 11, 2009

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

Aug 13, 2009

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

Aug 17, 2009

City Hall Conference Room

5:30 p.m.