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 21, 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:

 

A.  Recreation and Parks Volunteer of the Month for July 2009:

 

LARRY FAREWELL

 

for his dedication and commitment in working with the Newlove neighborhood to help promote physical activity and healthy nutrition as part of the City’s Health Education and Recreation Training (HEART) Grant from Catholic Healthcare West.

 

B.  Proclamation declaring July 24, 2009, as:

 

“HARRELL FLETCHER DAY”

 

in the City of Santa Maria in celebration of his 90th birthday and his many years of outstanding community service.

 

 

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 July 7, 2009.

 

a.   Minutes to be approved.

 

C.  Recommendation of City Staff that the City Council accept as complete the public improvements associated with Concha Investments, Tract 5855, and authorize the release of two Faithful Performance Bonds.

 

a.   Faithful Performance Bond in the amount of $85,186.40 for the construction and installation of public improvements to be released, 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.

 

b.   Faithful Performance Bond in the amount of $156,860 for the removal of overhead utilities and undergrounding improvements to be released, with the order that the Contractor, Labor and Material Bond be retained until January 2010.

 

D.  Recommendation of City Staff that the City Council adopt a resolution approving facility rental fees for the City-owned building occupied by Santa Maria Community Television.

 

a.   Resolution No. 2009-103 to be adopted approving the facility rental fees.

 

ADMINISTRATIVE SERVICES DEPARTMENT:

 

E.  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.

 

F.   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.

 

G.  Recommendation of City Staff that the City Council adopt a resolution establishing the City of Santa Maria’s appropriation limit for 2009-10.

 

a.   Resolution No. 2009-104 to be adopted setting the City’s appropriation limit.

 

H.  Recommendation of City Staff that the City Council adopt a resolution approving an Entertainment License for Café Monet located at 1555 S. Broadway to allow entertainment in the form of non-amplified music, guitarist, etc., on Sunday from 12:00 p.m. to 3:00 p.m. and on Friday and Saturday from 6:00 p.m. to 8:00 p.m.

 

a.   Resolution No. 2009-105 to be adopted approving an Entertainment License for Café Monet.

 

PUBLIC WORKS DEPARTMENT:

 

I.    Recommendation of City Staff that the City Council adopt a resolution awarding the bid for 2009 Water Line & Sewer Line Replacement, Bid No. 2009/08, and approving a contract with Mainline Underground Construction, Inc., in the amount of $337,593.00.

 

a.   Resolution No. 2009-106  awarding the bid to and approving a contract with Mainline Underground Construction, Inc., to be adopted.

 

J.   Recommendation of City Staff that the City Council adopt a resolution awarding the bid for South Blosser Road Reconstruction, Bid No. 2009/11, and approving a contract with G. Sosa Construction, Inc., in the amount of $428,914.30.

 

a.   Resolution No. 2009-107 awarding the bid to and approving a contract with G. Sosa Construction, Inc., to be adopted.

 

K.  Recommendation of City Staff that the City Council adopt a resolution awarding the bid for Street Maintenance (Chip Seal), Bid No. 2010/01, and approving a contract with International Surfacing Systems in the amount of $1,761,608.45.

 

a.   Resolution No. 2009-108 awarding the bid to and approving a contract with International Surfacing Systems to be adopted.

 

RECREATION AND PARKS DEPARTMENT:

 

L.   Recommendation of City Staff that the City Council adopt a resolution supporting the California Children’s Outdoor Bill of Rights and encouraging residents and their children to participate in the endorsed outdoor activities in order to improve their physical and mental well-being, as well as experience the wonderful outdoor parks our community has to offer.  [Exhibits A-C – Bill of Rights]

 

a.   Resolution No. 2009-109 supporting the California Children’s Outdoor Bill of Rights to be adopted.

 

UTILITIES DEPARTMENT:

 

M.  Recommendation of City Staff that the City Council adopt a resolution approving the City of Santa Maria Sewer System Management Plan.  [Attachment A – Sewer System Management Plan]

 

a.   Resolution No. 2009-110 to be adopted approving the Sewer System Management Plan for the City.

 

 

APPOINTMENTS:

 

4.   APPOINTMENTS TO VARIOUS COMMITTEES AND BOARDS.  The City Council will consider making five appointments to the Block Grants Advisory Committee for a term of three years, one appointment to the Central Coast Commission for Senior Citizens/Area Agency on Aging for a term of two years, and two appointments to the Library Board of Trustees for a term of three years.

 

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

 

         b.   Block Grants Advisory Committee – five appointments

Nominations will be made by each Councilmember.  Applications were received from the four incumbents listed below.  Applications were also received from Nicolette Burke, Robert Cullatti, Kate Ferguson, Patricia Lala, John Venable, and Kenneth Wolf.

 

                     Incumbent                     Nominated by

                     Karen Cordary                Councilmember Patino

                     Robert Doyle                   Former Councilmember Mariscal (Zacarías)

                     Robert Litizinger             Mayor Lavagnino

                     John McCoy                    Councilmember Orach

                     Vacant                             Councilmember Cordero

 

         c.   Central Coast Commission for Senior Citizens/Area Agency on Aging – one appointment

Nomination to be made by the City Council to the Board of Directors.  Applications were received from incumbent Lee (Lino) Diaz, as well as from Kenneth Wolf.

 

         d.   Library Board of Trustees – two appointments

Nominations are made by the Mayor.  Applications were received from incumbents Phillip Alvarado and Margaret Cooper.  No other applications were received.

 

 

PUBLIC HEARINGS:

 

5.   ZONING TEXT AMENDMENT TO TITLE 12 OF THE MUNICIPAL CODE PERTAINING TO SECTION 12-34.11 CONCERNING OFF-SITE SIGNS, Z-2009-002.  The City Council will consider a recommendation from the Planning Commission regarding an ordinance amending Section 12-34.11(q) of the Santa Maria Municipal Code to permit off-site signs on certain City-owned property, with the City controlling the number and design of those off-site signs.  The amendment would apply citywide.  The project is both a Class 3 and Class 5 categorically exempt project under the California Environmental Quality Act Guidelines.  No further environmental review is required. 

 

On June 17, 2009, the Planning Commission adopted Resolution No. 2546 recommending the City Council approve the Zoning Text Amendment on a 4-1 vote with Commissioner Lopez voting against.

 

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.

 

f.    Ordinance No. 2009-16 amending Section 12-34.11(q) of the Municipal Code relating to off-site signs 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

 

6.   ANNUAL WEED ABATEMENT PROGRAM ASSESSMENTS.  The City Council will consider protests to the proposed assessments for the City’s Annual Weed Abatement Program to be collected as part of the 2009-10 property tax rolls.

 

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

 

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. 2009-111 to be adopted confirming the report of weed abatement costs and directing the costs to be submitted to Santa Barbara County for collection with the 2009-10 property taxes.

 

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

 

 

REGULAR BUSINESS:

 

7.   APPROVAL OF FINANCIAL ASSISTANCE FOR PREPARATION OF THE EIR FOR THE AREA 9 SPECIFIC PLAN.  The City Council will consider approving financial assistance to advance $100,000 for the preparation of an Environmental Impact Report for the Area 9 Industrial/Business Park.

 

a.   Staff Report to be made.  (Director of Community Development)

 

b.   Council discussion.

 

c.   Resolution No. 2009-112 to be adopted approving the financial assistance.

 

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.

 

 

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, AUGUST 4, 2009.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE AUGUST 4TH MEETING IS JULY 23, 2009.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

Aug 5, 2009

City Council Chambers

6:30 p.m.

 

 

 

 

Block Grants Advisory

Committee

Aug 10, 2009

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

Aug 11, 2009

City Hall Conference Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

Aug 11, 2009

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

Aug 11, 2009

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

Aug 13, 2009

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

Aug 17, 2009

City Hall Conference Room

5:30 p.m.