CITY OF SANTA MARIA, CALIFORNIA

CITY HALL COUNCIL CHAMBERS

AGENDA OF THE CITY COUNCIL

AND REDEVELOPMENT AGENCY

 

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

FEBRUARY 3, 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.     Resolution No. 2009-11 to be adopted honoring and commending:

 

WILLIAM GOOD

 

Fire Engineer, for 34 years of outstanding 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

 

B.    Resolution No. 2009-12 to be adopted recognizing and commending:

 

SISTER JANET CORCORAN

 

for 17 years of service as a member of the Recreation and Parks Commission and for her work to improve the entire Santa Maria Valley.

 

C.    Resolution No. 2009-13 to be adopted recognizing and commending:

 

ROXANNE VENTRIGLIA

 

for five and a half years as a member of the Block Grants Advisory Committee and for many volunteer hours working on various boards and committees throughout the community.

 

 

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 January 20, 2009.

 

a.      Minutes to be approved.

 

C.    Recommendation of City Staff that the City Council conduct the second reading by title only of Ordinance No. 2009-01 authorizing an amendment to the contract between the City Council of the City of Santa Maria and the Board of Administration of the California Public Employees’ Retirement System for Section 21362.2 (3% @ 50 Full Formula) for local fire members.

 

a.      Ordinance No. 2009-01 amending the CalPERS Contract for local fire members to be adopted.

 

D.    Recommendation of City Staff that the City Council conduct the second reading by title only of Ordinance No. 2009-02 amending Section 5-2.09 of Title 5 of the Santa Maria Municipal Code related to false alarms.

 

a.      Ordinance No. 2009-02 amending Section 5-2.09 of the Municipal Code to be adopted.

 

E.     Recommendation of City Staff that the City Council adopt a resolution to designate the period of February 4, 2009, through December 31, 2009, as a period of economic hardship for the City of Santa Maria and authorize the City Manager to implement a Voluntary Time Off (VTO) Program.

 

a.      Resolution No. 2009-14 to be adopted authorizing the City Manager to implement a VTO program for the remainder of this calendar year.

 

ADMINISTRATIVE SERVICES DEPARTMENT:

 

F.     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.

 

G.    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

 

H.     Recommendation of City Staff that the City Council conduct the second reading by title only of ORDINANCE NO. 2009-03 making minor technical amendments to various sections of the Santa Maria Municipal Code.

 

a.      Ordinance No. 2009-03 to be adopted approving technical amendments to various sections of the Santa Maria Municipal Code.

 

PUBLIC WORKS DEPARTMENT:

 

I.         Recommendation of City Staff that the City Council approve the NOTICE OF CONTRACT COMPLETION for Street Reconstruction-West Creston/Marlberry Street/Palmetto Drive, Bid No. 2009/04, and direct the Chief Deputy City Clerk to record the Notice.

 

a.      Notice of Contract Completion for Bid No. 2009/04 to be approved.

 

J.      Recommendation of City Staff that the City Council approve the NOTICE OF CONTRACT COMPLETION for Philbric Road Reconstruction, Bid No. 2009/07, and direct the Chief Deputy City Clerk to record the Notice.

 

a.      Notice of Contract Completion for Bid No. 2009/07 to be approved.

 

K.     Recommendation of City Staff that the City Council adopt a resolution authorizing the Mayor to sign an encroachment permit agreement on behalf of the City of Santa Maria issued by the Santa Maria Public Airport District to allow entry onto property the District is going to dedicate for Union Valley Parkway.

 

a.      Resolution No. 2009-15 to be adopted approving the agreement.

 

RECREATION AND PARKS DEPARTMENT:

 

L.      Recommendation of City Staff that the City Council adopt a resolution expressing intent to ANNEX four (4) parcels into the Northwest, Southwest, Northeast, and South Miller Street/South College Drive Landscape and Lighting Districts.

 

a.      Resolution No. 2009-16 to be adopted expressing the Council’s intent to annex Good Samaritan Shelter into the Northwest Landscape and Lighting District, API Manufacturing Project into the Southwest Landscape and Lighting District, Diaz Tires/Central Coast Body & Paint into the Northeast Landscape and Lighting District, and Barcellus Plaza into the South Miller Street/South Collect Drive Landscape and Lighting District.

 

 

Mayor Lavagnino will convene a Joint Meeting of the City Council and Redevelopment Agency for the following Consent Calendar item only.

 

JOINT CITY COUNCIL/REDEVELOPMENT AGENCY CONSENT CALENDAR:

 

ROLL CALL:      Councilmembers/Boardmembers Orach, Patino, Trujillo, Zacarías and Mayor/Chairperson Lavagnino

 

M.    Recommendation of City Staff that the City Council conduct the second reading by title only of Joint City Council/Redevelopment Agency ORDINANCE NO. 2009-05 and 2009-01 approving revisions to the Downtown Specific Plan.

 

a.      Joint Ordinance No. 2009-05 and 2009-01 to be adopted approving revisions to the Downtown Specific Plan.

 

Mayor Lavagnino will adjourn the Joint City Council/Redevelopment Agency Meeting and reconvene the Regular City Council Meeting.

 

 

PUBLIC HEARINGS:

 

4.      McCOY LANE TRAFFIC MANAGEMENT ALTERNATIVES.  The City Council is requested to review alternatives and provide direction to staff to implement a modification of the temporary median on West McCoy Lane and direct staff to work with Caltrans to modify the traffic signal operation at the Broadway/McCoy Lane intersection and to modify the lane configuration accordingly.

 

a.      Staff report to be made.  (Director of Public Works/City Engineer)

 

b.      Council discussion.

 

c.      Direction to staff to be given.

 

5.      ZONING TEXT AMENDMENT TO CHAPTERS 35 AND 43 OF TITLE 12 OF THE SANTA MARIA MUNICIPAL CODE PROHIBITING THE TEMPORARY DISPLAY AND SALE OF FLOWERS EXCEPT BY ESTABLISHED BUSINESSES THAT SELL FLOWERS, Z-2008-008, E-2008-066. The City Council will consider a recommendation from the Planning Commission regarding an ordinance amending Chapters 35 and 43 of Title 12 of the Municipal Code pertaining to the temporary display and sale of flowers.  This prohibition will not apply to established businesses that sell flowers. 

 

On January 21, 2009, the Planning Commission adopted Resolution No. 2537 on a 3-1-1 vote (Commissioner Brown opposed and Commissioner Waterfield absent) to recommend the City Council approve the Zoning Text Amendment.

 

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

 

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.        Ordinance No. 2009-06 amending Chapters 35 and 43 of the Municipal Code 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

 

 

REGULAR BUSINESS:

 

6.      APPOINTMENT TO CODE COMPLIANCE BOARD.  The City Council is requested to make one appointment to the Code Compliance Board for a term of two years.  The nomination will be made by Mayor Lavagnino. 

 

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

 

b.      One appointment to be made from the following applicants:

 

Herb Bolton

Justin Randall (incumbent)

David Sibley

 

7.      FINANCIAL REPORT FOR SECOND QUARTER ENDING DECEMBER 31, 2008, AND A BUDGET AMENDMENT REPORT – FISCAL YEAR 2008-09.  The City Council will consider the quarterly financial report for the second quarter of Fiscal Year 2008-09 and a budget amendment report for the 2008-09 Fiscal Year Budget.

 

a.      Staff report to be made.  (Director of Administrative Services)

 

b.      Council discussion.

 

c.      Resolution No. 2009-17 to be adopted approving amendments to the budget for fiscal year 2008-09 and authorizing the City Manager to implement same.

 

ROLL CALL:        Councilmembers Orach, Patino, Trujillo, 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 LABOR NEGOTIATORS pursuant to Section 54957.6 of the Government Code.

 

Agency Representative:        Assistant City Manager

 

Employee Organization:        Santa Maria Police Officers Association (SMPOA)

                                                     

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (1 potential case)

 

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Section 54956.9(a) of the Government Code regarding:

 

Jose Betancourt v. City of Santa Maria, et al.  - North Santa Barbara Superior Court, Cook Division, Case No. 1273966

 

 

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, FEBRUARY 17, 2009.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE FEBRUARY 17TH MEETING IS FEBRUARY 5, 2009.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

Feb 4, 2009

City Council Chambers

6:30 p.m.

 

 

 

 

Block Grants Advisory

Committee

Feb 9, 2009

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

Feb 10, 2009

City Hall Conference Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

Feb 10, 2009

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

Feb 10, 2009

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

Feb 12, 2009

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

Feb 23, 2009

City Hall Conference Room

5:30 p.m.