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

JULY 7, 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:

 

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 June 16, 2009.

 

a.   Minutes to be approved.

 

C.  Recommendation of City Staff that the City Council adopt a resolution authorizing staff to work with the League of California Cities, and other cities and counties, in litigation challenging the constitutionality of any seizure by the State of California of the City’s street maintenance funds.

 

a.   Resolution No. 2009-92 to be adopted authorizing staff to work with the League of California Cities.

 

D.  Recommendation of City Staff that the City Council adopt a resolution authorizing the execution of an agreement with the County of Santa Barbara to provide Mental Health Assessment Team (MHAT) Services for the period 2009-10 through 2011-12.

 

a.   Resolution No. 2009-93 to be adopted approving the MHAT agreement with the County of Santa Barbara.

 

E.  Recommendation of City Staff that the City Council accept as complete the public improvements associated with Fairway Industrial Park, Tract 5925, and authorize the release of a Faithful Performance Bond for the construction and installation of boundary walls along the northern boundary of the subdivision, with the order that the Contractor, Labor and Material Bond be retained until January 2010.

 

a.   Faithful Performance Bond in the amount of $63,700 to be released.

 

F.   Recommendation of City Staff that the City Council accept as complete the public improvements associated with Newlove Gardens, Tract 5910, and authorize the release of a Faithful Performance Bond for the construction and installation of public improvements, with the order that the Contractor, Labor and Material Bond be retained until January 2010, and the Guarantee and Defective Material Bond be retained until July 2010.

 

a.   Faithful Performance Bond in the amount of $202,945 to be released.

 

ADMINISTRATIVE SERVICES DEPARTMENT:

 

G.  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.

 

H.  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.

 

I.    Recommendation of City Staff that the City Council consider an ordinance approving an amendment to Section 3-9.04 of Chapter 9 of Title 3 Transient Occupancy Tax of the Santa Maria Municipal Code relating to disbursement of Transient Occupancy Tax.

 

a.   Ordinance No. 2009-15 amending Section 3-9.04 of the Municipal Code to be introduced by title only for first reading and continued to the next meeting for second reading and adoption.

 

J.   Recommendation of City Staff that the City Council adopt a resolution approving the final allocation for General Administration and the City of Santa Maria Fire Station No. 3 for use of Federal funds under the Community Development Block Grant Program for Fiscal Year 2009-10.

 

a.   Resolution No. 2009-94 to be adopted approving the final CDBG allocation for General Administration and Fire Station No. 3.

 

K.  Recommendation of City Staff that the City Council adopt a resolution authorizing an interfund advance from the General Fund – Capital Projects Fund and the prepayment of 2009-10 California Public Employees’ Retirement System Contribution for a savings of $208,887.

 

a.   Resolution No. 2009-95 to be adopted approving the transfer of funds and the prepayment of CalPERS contributions.

 

CITY ATTORNEY DEPARTMENT

 

L.   Recommendation of City Staff that the City Council adopt a resolution authorizing execution of Amendment Number 3 to the existing agreement with Carl Warren & Company for Third Party Administrative Services for the City’s Liability Program.

 

a.   Resolution No. 2009-96 approving Amendment Number 3 to the agreement with Carl Warren & Company to be adopted.

 

COMMUNITY DEVELOPMENT DEPARTMENT:

 

M.  Recommendation of City Staff that the City Council make a finding of public convenience in the matter of the issuance of a Type 21 (off-sale general) alcoholic beverage license for the sale of packaged beer, wine and distilled spirits at Trader Joe’s located at 1303 S. Bradley Road.

 

a.   A determination to be made that public convenience will be served by the issuance of the ABC license for Trader Joe’s.

 

N.  Recommendation of City Staff that the City Council conduct the second reading of Ordinance No. 2009-14 approving a zone change request for Newlove Villas located at 202 and 222 East Newlove Drive from R-2 (Medium Density Residential) to PD/R-2 (Planned Development/Medium Density Residential), and adopt the ordinance.

 

a.   Ordinance No. 2009-14 to be adopted.

 

PUBLIC WORKS DEPARTMENT:

 

O.  Recommendation of City Staff that the City Council conduct the second reading of Ordinance No. 2009-13 setting speed limits in various locations, and adopt the ordinance.

 

a.   Ordinance No. 2009-13 to be adopted.

 

P.  Recommendation of the Traffic Committee that the City Council adopt a resolution approving the establishment of limited time parking zones on East Newlove Drive along the easterly and westerly right-of-way south of Battles Road from 12:00 a.m. to 6:00 a.m. seven days a week.

 

a.   Resolution No. 2009-97 to be adopted approving the limited time parking zones on East Newlove Drive.

 

Q.  Recommendation of the Traffic Committee that the City Council adopt a resolution approving the establishment of limited time parking zones on Roemer Way and Roemer Court to prohibit parking from 12:00 a.m. to 6:00 a.m. seven days a week and no stopping zones on Roemer Court.

 

a.   Resolution No. 2009-98 to be adopted approving limited time parking zones on Roemer Way and Roemer Court and no stopping zones on Roemer Court.

 

UTILITIES DEPARTMENT:

 

R.  Recommendation of City Staff that the City Council authorize the Director of Administrative Services to change the name of the “Closure/Post-Closure Trust” to “Closure/Post-Closure Maintenance and Corrective Action Trust” as required by the Integrated Waste Management Board (IWMB) and adopt a resolution that replaces Resolutions 90-130 and 95-27 related to the Santa Maria Regional Landfill.

 

a.   Resolution No. 2009-99 to be adopted approving administrative revisions regarding financial assurance for the “Closure/Post-Closure Maintenance and Corrective Action Trust” of the Santa Maria Regional Landfill.

 

 

 REGULAR BUSINESS:

 

4.   ANNUAL OPERATING AGREEMENTS.  The City Council will consider approval of the annual operating agreements for the Santa Maria Valley Chamber of Commerce, the Santa Maria Valley Historical Society, and the Santa Maria Museum of Flight.

 

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

 

b.   Council discussion.

 

c.   Resolution No. 2009-100 to be adopted approving the annual operating agreement with and allocation to the Santa Maria Valley Chamber of Commerce.

 

d.   Resolution No. 2009-101 to be adopted approving the annual operating agreement with and allocation to the Santa Maria Valley Historical Museum.

 

e.   Resolution No. 2009-102 to be adopted approving the annual operating agreement with and allocation to the Santa Maria Museum of Flight.

 

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 LEGAL COUNSEL - regarding EXISTING LITIGATION pursuant to Subsection (a) of Government Code Section 54956.9 to discuss STATE OF CALIFORNIA, ET AL., EX REL ARMENTA v. JAMES JONES CO., ET AL; CITY OF BANNING, ET AL. v. JAMES JONES CO, ET AL.

 

CONFERENCE WITH LEGAL COUNSEL – regarding EXISTING LITIGATION pursuant to Subsection (a) of Government Code Section 54956.9 to discuss Norma Lewis v. City of Santa Maria, et al., North Santa Barbara Superior Court, Cook Division, Case No. 1273918

 

 

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, JULY 21, 2009.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE JULY 21ST MEETING IS JULY 9, 2009.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Block Grants Advisory

Committee

July 13, 2009

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

July 14, 2009

City Hall Conference Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

July 14, 2009

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

July 14, 2009

Library Conference Room

7:00 p.m.

 

 

 

 

Planning Commission

July 15, 2009

City Council Chambers

6:30 p.m.

 

 

 

 

Code Compliance Board

July 16, 2009

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

July 20, 2009

City Hall Conference Room

5:30 p.m.