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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 JULY 7, 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.
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
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
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
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.
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
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CITY CALENDAR |
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BOARD/ COMMISSION |
NEXT MEETING |
MEETING
PLACE |
MEETING
TIME |
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Block
Grants Advisory Committee |
July 13,
2009 |
City Hall
Conference Room |
5:30 p.m. |
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Landmark
Committee |
July 14,
2009 |
City Hall Conference Room |
4:00 p.m. |
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Recreation
and Parks Commission |
July 14,
2009 |
City Council Chambers |
6:30 p.m. |
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Library
Board |
July 14,
2009 |
Library Conference Room |
7:00 p.m. |
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Planning
Commission |
July 15,
2009 |
City
Council Chambers |
6:30 p.m. |
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Code
Compliance Board |
July 16,
2009 |
City Council Chambers |
4:00 p.m. |
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July 20,
2009 |
City Hall Conference Room |
5:30 p.m. |
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