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

MAY 5, 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.  Presentation by Mayor Lavagnino and Utilities Director Sweet on the status of funding for repairs of the Santa Maria River Levee.

 

B.  Proclamation declaring  May 2 through June 7, 2009, as:

 

“GO WESTERN DAYS”

 

in the City of Santa Maria and encouraging all residents to enter into the rodeo spirit by wearing western apparel.

 

C.  Proclamation declaring the week of May 3 through 9, 2009, as:

 

“ELKS NATIONAL YOUTH WEEK”

 

in the City of Santa Maria and urging all departments of government, civic, and patriotic groups, and citizens generally to participate wholeheartedly in its observance.

 

D.  Proclamation declaring the week of May 3 through 9, 2009, as:

 

“COMPOST AWARENESS WEEK”

 

in the City of Santa Maria in recognition of the efforts of the Composting Councils, Extension Agents, householders, landscapers, farmers, recyclers, public workers, composters, gardeners, and plant growers everywhere.

 

E.  Proclamation declaring May 9 through 17, 2009, as:

 

“NATIONAL TOURISM WEEK”

 

in the City of Santa Maria.

 

F.   Proclamation declaring the week of May 10 through 16, 2009, as:

 

“NATIONAL POLICE WEEK”

 

and Wednesday, May 13, 2009, as:

 

“PEACE OFFICERS’ MEMORIAL DAY”

 

in the City of Santa Maria and encouraging all residents to remember those individuals who gave their lives for our safety and express our appreciation to those who continue to dedicate themselves to making Santa Maria a safer place in which to live.

 

G.  Proclamation declaring the week of May 17 through 23, 2009, as:

 

“NATIONAL PUBLIC WORKS WEEK”

 

in the City of Santa Maria and encouraging the residents of Santa Maria to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life.

 

H.  Proclamation declaring the month of May 2009 as:

 

“WATER AWARENESS MONTH”

 

in the City of Santa Maria and encouraging residents and businesses to increase their water awareness and make conservation a continuing way of life.

 

 

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 April 21, 2009.

 

a.   Minutes to be approved.

 

C.  Recommendation of City Staff that the City Council accept as complete the public improvements associated with Brian Court, Tract 5839, and RELEASE A BOND for the construction and installation of on-site public improvements, with the order that the Contractor, Labor and Material Bond be retained until November 2009 and the Guaranteed and Defective Material Bond be retained until May 2010.

 

a.                        Faithful Performance Bond in the reduced amount of $19,637 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 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 Director of Administrative Services.

 

F.   Recommendation of City Staff that the approval of the grant allocations for Fiscal Year 2009-10 Community Development Block Grant (CDBG) and HOME Investment Partnerships Program funds be continued to the meeting of May 19, 2009, as final allocation amounts have not been released by HUD.

 

a.   Approval of the grant allocations for CDBG and HOME funds to be continued to May 19, 2009.

 

PUBLIC WORKS DEPARTMENT:

 

G.  Recommendation of City Staff that the City Council adopt a resolution approving the TRANSPORTATION DEVELOPMENT ACT (TDA) claim for Fiscal Year 2009-10 in the amount of $3,710,057.

 

a.   Resolution No. 2009-60 to be adopted approving the TDA claim.

 

H.  Recommendation of City Staff that the City Council adopt a resolution approving receipt of PROPOSITION 1B Transit Security Funding, a grant from the State of California in the amount of $103,107.

 

a.   Resolution No. 2009-61 to be adopted accepting Prop 1B funds.

 

UTILITIES DEPARTMENT:

 

I.    Recommendation of City Staff that the City Council conduct the second reading by title only of Ordinance No. 2009-10 approving annual water and sewer rate increases for the next three years and adopt the ordinance.

 

a.   Ordinance No. 2009-10 to be adopted.

 

 

APPOINTMENTS:

 

4.   APPOINTMENT TO BOARD OF APPEALS.  The City Council will consider making one, non-special purposes member appointment to the Board of Appeals for an unspecified term.  The seven member Board hears appeals to decisions of the City Building Official and makes recommendations regarding Uniform Code provisions.  Qualification is based on experience and training in the building trades.  Applications were received from:  Michael Brannon, Elena Condon, Timothy Ferrari, and Tim Seifert.

 

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

 

b.   Council discussion.

 

c.   Appointment to be made by the Mayor and confirmed by the City Council.

 

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

 

 

PUBLIC HEARINGS:

5.   ZONE CHANGE FOR NKT COMMERCIAL, 1201 EAST MAIN STREET, Z-2009-001, E-2009-009.  The City Council will consider a recommendation from the Planning Commission regarding a request for a zone change for a 0.56 acre site from FS (Freeway Service) to PD/HC (Planned Development/Highway Commercial), located at 1201 East Main Street, Assessor’s Parcel No. 128-120-004.  The project is a class 5 categorical exemption.  No further environmental review is required.

At its regular meeting on April 1, 2009, the Planning Commission adopted Resolution No. 2542 on a 5-0 vote recommending that the City Council approve the proposed zone change.

 

a.   Staff report to be made.   (Acting 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. 2009-11 rezoning 0.56 acres from FS to PD/HC for NKT Commercial 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.   Substantial Amendment to the Annual Action Plan for Fiscal Year 2008-09.  The City Council will consider a substantial amendment to the Annual Action Plan for Fiscal Year 2008-09 to apply for federal funding in the amount of $521,839 under the Homelessness Prevention and Rapid Re-Housing Program (HPRP).  This program has been funded under the American Recovery and Reinvestment Act of 2009.

 

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. 2009-62 to be adopted approving the amendment to the Annual Action Plan.

 

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

 

 

REGULAR BUSINESS:

 

7.   WEST STOWELL ROAD RECONSTRUCTION, BID NO. 2009/12.  This item was continued from the last City Council meeting.  The City Council directed staff to prepare and bring back an agreement and resolution awarding the bid for West Stowell Road Reconstruction, Bid No. 2009/12, to Granite Construction Company.

 

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

 

b.   Council discussion.

 

c.   Resolution No. 2009-63 to be adopted awarding the bid and approving an agreement with Granite Construction Company for West Stowell Road Reconstruction, Bid No. 2009/12, in the amount of $386,999; or

 

d.   Resolution No. 2009-64 to be adopted rejecting all bids received and granting approval to call for bids (re-advertisement) on the plans and specifications for the West Stowell Road Reconstruction, Bid No. 2009/12.

 

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

 

 

REPORT BY CITY MANAGER:

 

 

ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234 REPORTS):

 

 

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, MAY 19, 2009.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE MAY 19TH MEETING IS MAY 7, 2009.

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

May 6, 2009

CANCELED

6:30 p.m.

 

 

 

 

Block Grants Advisory

Committee

May 11, 2009

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

May 12, 2009

City Hall Conference Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

May 12, 2009

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

May 12, 2009

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

May 14, 2009

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

May 18, 2009

City Hall Conference Room

5:30 p.m.