Receipt of Documents
after Distribution of Council Agenda:
Pursuant to SB 343, a document was
received on December 1, 2009, after the distribution of the City Council Agenda
packet. The document received is
associated with Item No. 9 below and can be reviewed by selecting
the associated Agenda Item link to the Agenda Report.
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AGENDA OF THE CITY COUNCIL CITY HALL COUNCIL CHAMBERS |
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Mayor Mayor Pro Tem Hilda Zacarías Councilmember Mike Cordero Councilmember Bob Orach Councilmember Alice Patino |
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City Manager City Attorney City Clerk Chief Deputy City Clerk Ex-Officio Clerk of the City Council |
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REGULAR MEETING DECEMBER 1, 2009, AT 6:30 P.M. |
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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,
The
City of
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.
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 for this meeting.
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 November 17, 2009.
a. Minutes to be approved.
ADMINISTRATIVE SERVICES DEPARTMENT:
C. 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.
D. 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.
CITY ATTORNEY
DEPARTMENT:
E. Recommendation
of City Staff that the City Council conduct the second reading by title only
and adopt Ordinance No. 2009-24 adding Chapter 9-17 to the
Santa Maria Municipal Code to allow for the use of a non-lethal type of
electric security fence in commercial and industrial zones of the City.
a. Ordinance No. 2009-24 to be
adopted.
FIRE DEPARTMENT:
F. Recommendation
of City Staff that the City Council adopt a resolution approving
the acceptance of funds awarded to the City through the Station Construction
Grant program under the American Recovery Reinvestment Act of 2009 in the
amount of $4,368,907 for the construction of the northwest and northeast Fire
Stations.
a. Resolution No. 2009-172 to be adopted accepting
the Station Construction Grant funding.
PUBLIC WORKS
DEPARTMENT:
G. Recommendation
of City Staff that the City Council adopt a resolution awarding
the bid and approving a contract for the SMAT Intermodal Transit Center, Bid No.
2010/03, to Vernon Edwards Constructors, Inc., in the amount of
$3,553,000.00.
a. Resolution
No. 2009-173 to be adopted awarding the bid and approving a contract with
Vernon Edwards Constructors, Inc.
4. APPOINTMENT TO PLANNING COMMISSION. The City Council is requested to make one
appointment to the Planning Commission to fill the unexpired term of former
Commissioner Etta Waterfield. The
nomination will be made by Councilmember Patino. The term will expire January 31, 2011. One application was received from Richard
Quandt.
a. Staff report to be made.
(Chief Deputy City Clerk)
b. Nomination to be made by Councilmember
Patino.
c. Appointment to be approved by the Mayor and
confirmed by the City Council.
ROLL CALL: Councilmembers Cordero, Orach, Patino,
Zacarías, and Mayor Lavagnino
PUBLIC HEARINGS:
5. 2009 DRAFT
HOUSING ELEMENT OF THE GENERAL PLAN, FILE NO. GP-2009-001 AND E-2009-034. Council will review a recommendation
from the Planning Commission to authorize the filing of a Negative Declaration
for E-2009-034, approve the 2009 Draft Housing Element for the purpose of
submission to the State Department of Housing and Community Development (HCD)
for review and authorize the Director of Community Development to forward the
Draft Housing Element to HCD pursuant to Government Code Section 65585.
On November 4, 2009, the Planning Commission adopted Resolution No. 2553
recommending the City Council approve a Negative Declaration on a 4-0 vote, and
Resolution No. 2554 recommending the City Council approve the 2009 Draft
Housing Element for submission to HCD on a 3-1 vote (Commissioner Andrade
dissenting).
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.
g. Resolution No. 2009-175 to be adopted approving the 2009 Draft Housing Element for submission
to and authorizing the Director of Community Development to forward to HCD.
ROLL CALL: Councilmembers Cordero, Orach, Patino,
Zacarías, and Mayor Lavagnino
6. PROGRAM INCOME REUSE PLAN FOR
THE NEIGHBORHOOD STABILIZATION PROGRAM AUTHORIZED BY THE HOUSING AND ECONOMIC
RECOVERY ACT (HERA) OF 2008. The
City Council is requested to conduct a public hearing to receive public
comments, adopt a resolution approving a Program Income Reuse Plan for the
Neighborhood Stabilization Program, and authorize the City Manager and any
designee(s) to submit the approved plan to the State Department of Housing and
Community Development.
a. Staff report to be made.
(Community Programs Manager)
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. 2009-176 to be adopted approving the Program Income Reuse Plan.
ROLL
CALL: Councilmembers Cordero, Orach,
Patino, Zacarías, and Mayor Lavagnino
7. HOMEBUYER ASSISTANCE PROGRAM
GUIDELINES FOR THE NEIGHBORHOOD STABILIZATION PROGRAM AUTHORIZED BY THE HOUSING
AND ECONOMIC RECOVERY ACT OF 2008. The City Council
is requested to conduct a public hearing to receive public comments, adopt a
resolution approving the Homebuyer Assistance Program Guidelines for the
Neighborhood Stabilization Program, and authorize the City Manager and any
designee(s) to submit the approved guidelines to the State Department of
Housing and Community Development.
a. Staff
report to be made. (Community Programs
Manager)
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. 2009-177 to be adopted approving the Homebuyer Assistance Program
Guidelines.
ROLL
CALL: Councilmembers Cordero, Orach,
Patino, Zacarías, and Mayor Lavagnino
8. ACQUISITION, REHABILITATION AND
DISPOSITION PROGRAM GUIDELINES FOR THE NEIGHBORHOOD STABILIZATION PROGRAM
AUTHORIZED BY THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008. The City Council is requested to conduct a
public hearing to receive public comments, adopt a resolution approving the
Acquisition, Rehabilitation and Disposition Program Guidelines for the
Neighborhood Stabilization Program, and authorize the City Manager and any
designee(s) to submit the approved guidelines to the State Department of
Housing and Community Development.
a. Staff
report to be made. (Community Programs
Manager)
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. 2009-178 to be adopted approving the Acquisition, Rehabilitation and
Disposition Program Guidelines.
ROLL
CALL: Councilmembers Cordero, Orach,
Patino, Zacarías, and Mayor Lavagnino
REGULAR BUSINESS:
9. ENVIRONMENTAL
REVIEW OF THE WATERLINE INTERTIE PROJECT AND APPROVAL OF AN AGREEMENT WITH THE
NIPOMO COMMUNITY SERVICES DISTRICT ON THE SALE AND DELIVERY OF SUPPLEMENTAL
WATER. The City Council, acting as the
Responsible Agency, is asked to adopt a resolution approving an Environmental
Impact Report and adopting mitigation measures for the Nipomo Community
Services District (NCSD) Waterline Intertie Project, and adopt a resolution
approving an agreement with NCSD for the sale and delivery of supplemental
water.
a. Staff
report to be made. (Director of
Utilities)
b. Council
discussion.
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 - EXISTING LITIGATION pursuant
to Subdivision (a) of Government Code Section 54956.9 to discuss DIANA WHITE v. City of Santa Maria, et al., Santa Barbara County Superior
Court, Cook Division, Case No. 1272354.
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
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CITY CALENDAR |
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BOARD/ COMMISSION |
NEXT MEETING |
MEETING
PLACE |
MEETING
TIME |
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Planning
Commission |
Dec 2,
2009 |
City
Council Chambers |
Cancelled |
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Landmark
Committee |
Dec 8,
2009 |
Library Study Room C |
4:00 p.m. |
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Recreation
and Parks Commission |
Dec 8 2009 |
City Council Chambers |
6:30 p.m. |
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Library
Board |
Dec 8,
2009 |
Library Conference Room |
7:00 p.m. |
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Code
Compliance Board |
Dec 10,
2009 |
City Council Chambers |
4:00 p.m. |
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Block
Grants Advisory Committee |
Dec 14,
2009 |
Library –
Shepard Hall |
5:30 p.m. |
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Dec 21,
2009 |
City Hall Conference Room |
5:30 p.m. |