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 19, 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/COMMENDATIONS/PRESENTATIONS:

 

A.     Presentation of the quarterly  “GOING THE EXTRA MILE (GEM)” Award to:

 

Rod Rodriguez, Cynthia Torres, Karl Kovarik and Bill Cyr

Water Resources Division Customer Service Team

 

for providing customers with a quality blend of leadership, technical proficiency, and empathy during these challenging times in spite of a significantly increased workload created by the recession.

 

B.    Recreation and Parks Volunteer of the Month for May 2009:

 

TERRY RIANDA

 

for his dedication and commitment in recruiting younger athletes for the Northern Santa Barbara County Special Olympics Juniors’ Program and for volunteering at local competitions and fundraising events for Special Olympics.

 

C.    Proclamation declaring the month of May 2009 as:

 

“UNDERAGE DRINKING PREVENTION MONTH”

 

in the City of Santa Maria and calling upon all residents, parents, youth, government agencies, public and private institutions, businesses and workplaces, hospitals and schools in Santa Maria Valley to support efforts by Fighting Back Santa Maria Valley Coalition for the prevention of drug and alcohol abuse that will reduce and prevent underage drinking in our 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 May 5, 2009.

 

a.   Minutes to be approved.

 

C.  Recommendation of City Staff that the City Council adopt a resolution finding a severe fiscal hardship will exist if additional City property tax funds are seized and additional unfunded mandates are adopted by the State of California.

 

a.   Resolution No. 2009-65 to be adopted finding a severe fiscal hardship if additional City funds are seized by the State.

 

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 City Council adopt a resolution authorizing an Employer Pickup Pre-Tax Payroll Deduction Plan for Service Credit Purchases.  This resolution will replace Resolution No. 96-127.

 

a.   Resolution No. 2009-66 to be adopted authorizing an employer pickup pre-tax payroll deduction plan for service credit purchases.

 

COMMUNITY DEVELOPMENT DEPARTMENT:

 

G.  Recommendation of City Staff that the City Council conduct the second reading by title only of Ordinance No. 2009-11 changing the zoning for NKT Commercial at 1201 East Main Street from FS to PD/HC and adopt the ordinance.

 

a.   Ordinance No. 2009-11 to be adopted.

 

FIRE DEPARTMENT:

 

H.  Recommendation of City Staff that the City Council adopt a resolution approving the Fire Department’s submission of a series of Department of Homeland Security Assistance to Firefighters grant applications for $900,000 (vehicle acquisitions), $60,500 (training), and $30,000 (thermal imaging cameras); and authorizing the Fire Chief to sign documents associated with this funding on behalf of the City. 

 

a.   Resolution No. 2009-67 to be adopted authorizing the submission of grant applications for the Fire Department.

 

PUBLIC WORKS DEPARTMENT:

 

I.    Recommendation of City Staff that the City Council give approval to call for bids on the plans and specifications for Fire Station No. 1 Emergency Operation Center, Bid No. 2009/15.

 

a.   Approval to call for bids to be granted.

 

J.   Recommendation of City Staff that the City Council give approval to call for bids on the plans and specifications for North Railroad Avenue Storm Drain, Bid No. 2009/13.

 

a.   Approval to call for bids to be granted.

 

UTILITIES DEPARTMENT:

 

K.  Recommendation of City Staff that the City Council adopt a resolution authorizing the Director of Utilities to enter into an agreement with Tetra Tech, Inc., to perform Production of Hydromodification Control Plan and Related Services for the City of Santa Maria Storm Water Management Program.

 

a.   Resolution No. 2009-68 approving an agreement with Tetra Tech, Inc., to be adopted.

 

 

REGULAR BUSINESS:

 

4.   APPROVAL OF FISCAL YEAR 2009-10 FINAL ALLOCATIONS & ACTIVITIES UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAMS.  The City Council will consider adoption of resolutions approving the final allocations and activities for use of Federal funds under the Community Development Block Grant (CDBG) Program and the HOME Investment Partnerships Program for Fiscal Year 2009-10 and authorize the City Manager to execute the necessary documents on behalf of the City of Santa Maria to finalize the application for the funds.  The public hearing for this item was conducted on April 7, 2009, closed to further public testimony, and continued to the City Council meeting of May 5, 2009.  At that meeting, the item was again continued to May 19, 2009, as final allocations had not yet been issued by HUD.

 

a.   Staff report to be made.  (Community Programs Manager)

 

b.   Council discussion.

 

c.   Resolution No. 2009-69 to be adopted approving the Public Service activities and allocations under the CDBG Program for Fiscal Year 2009-10.

 

d.   Resolution No. 2009-70 to be adopted approving the Capital Development activities and allocations under the CDBG Program for Fiscal Year 2009-10.

 

e.   Resolution No. 2009-71 to be adopted approving the activities and allocations under the HOME Investment Partnerships Program for Fiscal Year 2009-10.

 

f.    Resolution No. 2009-72 to be adopted approving the final allocations and activities for use of Federal funds under the CDBG and the Home Investment Partnerships Program for Fiscal Year 2009-10 and authorizing the City Manager to execute the necessary documents on behalf of the City for application of the funds.

 

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

 

5.   FINANCIAL REPORT FOR THIRD QUARTER ENDING MARCH 31, 2009.  The City Council will consider the quarterly financial report for the third quarter of Fiscal Year 2008-09.

 

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

 

b.      Council discussion.

 

c.      Receive and file the report.

6.   MEASURE D ONE-YEAR LOCAL PROGRAM OF PROJECTS FOR Fiscal Year 2009-10.  The City Council will consider adoption of a resolution approving the Measure D One-Year Local Program of Projects.

 

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

 

b.   Council discussion.

 

c.   Resolution No. 2009-73 to be adopted approving the Measure D One-Year Local Program of Projects.

 

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 LABOR NEGOTIATORS pursuant to Section 54957.6 of the Government Code.

 

Agency Representative:        Assistant City Manager

 

Employee Organizations:      Santa Maria Police Officers Association (SMPOA); Service Employees International Union (SEIU), Local 620; Fire Fighters Local 2020; Public Safety Managers; and Non-Represented Management and Confidential Employees

 

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 ANTICIPATED LITIGATION.  Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 (One potential case).

 

 

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, JUNE 2, 2009.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE JUNE 2ND MEETING IS MAY 21, 2009.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

May 20, 2009

City Council Chambers

6:30 p.m.

 

 

 

 

Block Grants Advisory

Committee

June 8, 2009

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

June 9, 2009

City Hall Conference Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

June 9, 2009

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

June 9, 2009

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

June 11, 2009

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

June 15, 2009

City Hall Conference Room

5:30 p.m.