AGENDA OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY CITY OF SANTA MARIA, CALIFORNIA REGULAR MEETING DECEMBER 15, 2009, AT 6:30 P.M. 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

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).

Pursuant to Government Code Section 54953, Councilmember Zacarías will participate in the meeting via teleconference from San Antonio Downtown Market Square Radisson, 502 West Durango, San Antonio, TX 78207. All votes will be taken by roll-call vote, a copy of this agenda will be posted at the teleconference location, the teleconference location is accessible to the public, and the public will be given an opportunity to address the Council from that location.

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 on the City’s website. 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. Recognition of the 2009 “LIGHTS, SIGHTS, AND HOLIDAY NIGHTS” decorating contest winners. The Recreation and Parks Department will present awards to this year’s holiday decorating contest winners.

B. Recreation and Parks Volunteer of the Month for December 2009:

PETE DE LA TORRE

for his dedication of time and effort as the head team coach for the Recreation and Parks Department’s Youth Tee Ball Program.

C. Resolution No. 2009-181 to be adopted honoring and commending:

JENNIFER NEWELL

Children’s Librarian I for the Santa Maria Public Library for 26 years of dedicated service to the City of Santa Maria and the community and congratulating her on her retirement.

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

D. Resolution No. 2009-182 to be adopted honoring and commending:

LOUIE RAYGOZA

Senior Crew Leader-Maintenance Specialist for the Recreation and Parks Department for 37 ½ years of dedicated service to the City of Santa Maria and the community and congratulating him on his retirement.

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

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 December 1, 2009.

a. Minutes to be approved.

C. Recommendation of City Staff that the City Council accept as complete the public improvements associated with Foxenwoods Townhomes, Tract 5763, and authorize the release of a bond.

a. A Faithful Performance Bond in the reduced amount of $5,337.50 for the installation of 85 street and easement trees, including their maintenance for one year, to be released.

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 Acting 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 Acting Director of Administrative Services.

PUBLIC WORKS DEPARTMENT:

F. Recommendation of City Staff that the City Council adopt a resolution declaring its intention to participate in the Central Coast Energy Independence Program, which will allow City property owners to be included in the County Assessment District that provides financing for private energy efficiency and renewable energy projects on a voluntary basis.

a. Resolution No. 2009-183 to be adopted declaring the City Council’s intention to participate in the Central Coast Energy Independence Program.

G. Recommendation of City Staff that the City Council adopt a resolution approving the application for grant funds from the State Bicycle Transportation Account for projects identified in the City’s Bikeway Master Plan.

a. Resolution No. 2009-184 to be adopted approving the application for grant funds.

H. Recommendation of City Staff that the City Council adopt a resolution accepting the dedication of all easements and streets west of Miller Street shown as Inger Drive, Daniel Drive, and McClelland Street on the final map of Crowe Properties, Tract 5279, approved by the City Council on January 5, 1981, and recorded on January 9, 1981.

a. Resolution No. 2009-185 to be adopted accepting the dedication of all easements and streets as shown on the final map.

UTILITIES DEPARTMENT:

I. Recommendation of City Staff that the City Council adopt a resolution approving an Outside Users Agreement for OSR Enterprises for a 27-acre cooling and processing facility to be located at the northeast corner of Betteravia Road and Rosemary Road.

a. Resolution No. 2009-186 to be adopted approving the Outside Users Agreement.

J. Recommendation of City Staff that the City Council further continue approval of an Environmental Impact Report and mitigation measures for the Nipomo Community Services District (NCSD) Waterline Intertie Project, and approve an agreement with NCSD for the sale and delivery of supplemental water to the meeting of January 5, 2010. This item was continued from the last meeting in order to respond to a letter received from San Luis Obispo CoastKeeper.

a. Continue to the meeting of January 5, 2010.

PUBLIC HEARINGS:

CHAIRPERSON LAVAGNINO WILL CONVENE A MEETING OF THE REDEVELOPMENT AGENCY.

ROLL CALL: Board Members Cordero, Orach, Patino, Zacarías and Chairperson Lavagnino

4. FIVE-YEAR PROJECT IMPLEMENTATION PLAN UPDATE. The Redevelopment Agency will consider the adoption of a resolution approving a Five-Year Project Implementation Plan Update for 2010-2014 and evaluate the progress pertaining to the Central Plaza Neighborhood Development Project, Central City Project (California NDP A-1-2).

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. 2009-01 to be adopted approving a Five-Year Implementation Plan for 2010-2014.

ROLL CALL: Board members Cordero, Orach, Patino, Zacarías, and Chairperson Lavagnino

REDEVELOPMENT AGENCY MEETING WILL ADJOURN AND MAYOR LAVAGNINO WILL RECONVENE THE REGULAR CITY COUNCIL MEETING.

REGULAR BUSINESS:

5. NOMINATION AND ELECTION OF MAYOR PRO TEM. The City Council will entertain nominations for the position of Mayor Pro Tem for a one-year term.

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

b. Nomination by the Mayor.

c. Ratification of Mayor’s nomination for Mayor Pro Tem for calendar year 2010.

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 SANTA MARIA POLICE OFFICERS ASSOCIATION v. CITY OF SANTA MARIA, Case No. 1318327.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Subdivision (a) of Government Code Section 54956.9 to discuss GREGORY CARROLL v. CITY OF SANTA MARIA, ET. AL. Case No. CV 0907336.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Subdivision (a) of Government Code Section 54956.9 to discuss JOSE BETANCOURT v. City of Santa Maria, et al., Case No. 1273966.

PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS pursuant to Subsection (e) of Government Code Section 54957 and CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6.

Agency representative: Mayor

Title: City Manager and City Attorney

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, JANUARY 5, 2010. THE DEADLINE FOR SUBMITTING ITEMS FOR THE JANUARY 5TH MEETING IS DECEMBER 24, 2009.

CITY CALENDAR
BOARD/ COMMISSION	NEXT MEETING	MEETING PLACE	MEETING TIME
Planning Commission	Dec 16, 2009	City Council Chambers	6:30 p.m.
Block Grants Advisory Committee	Jan 11, 2010	City Hall Conference Room	5:30 p.m.
All-America City Committee	Jan 12, 2010	City Hall Conference Room	5:30 p.m.
Landmark Committee	Jan 12, 2010	Library Study Room C	4:00 p.m.
Recreation and Parks Commission	Jan 12, 2010	City Council Chambers	6:30 p.m.
Library Board	Jan 12, 2010	Library Conference Room	7:00 p.m.
Code Compliance Board	Jan 14, 2010	City Council Chambers	4:00 p.m.