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

NOVEMBER 17, 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 Volunteers of the Month for November 2009: 

 

JOHN MAHONEY

 

for his inspiration, dedication and hard work in adding a car show element to the Recreation and Parks Department “Summer Concerts in the Park” series and for arranging a car show at the “Autumn Arts Grapes and Grains Festival.”

 

B.     Proclamation declaring the week of November  15 – 21, 2009, as:

 

“NATIONAL KEY CLUB WEEK”

 

in the City of Santa Maria and calling upon all residents of Santa Maria to support the members of this organization and make themselves aware of Key Club, whose members are preparing themselves to be better, more responsible citizens, as they provide meaningful service to our community.

 

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

 

PATTI RODRIGUEZ

 

for 23 years as the head organizer and driving force behind the annual City Employee’s BBQ.

 

 

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 November 3, 2009.

 

a.   Minutes to be approved.

     

ADMINISTRATIVE SERVICES DEPARTMENT:

 

C.  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.

 

D.  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.

 

E.  Recommendation of City Staff that the City Council adopt a resolution approving an Entertainment License for O’Sullivan’s Pub located at 633 East Main Street to allow entertainment in the form of live music and disc-jockey music on Sunday through Thursday from 6:00 p.m. to 1:00 a.m. and live music, disc-jockey music, and dancing on Friday and Saturday from 8:00 p.m. to 1:00 a.m.

 

a.   Resolution No. 2009-156 to be adopted approving the Entertainment License for O’Sullivan’s Pub.

 

F.   Recommendation of City Staff that the City Council adopt a resolution approving an Entertainment License for Fresco’s Restaurant and Night Club located at 510 South Broadway to allow entertainment in the form of live music, disc-jockey music, stereo, and solo acts on Monday through Thursday from 12:00 p.m. to 2:00 a.m. and live music, disc-jockey music, stereo, solo acts, and dancing on Friday through Sunday from 9:00 p.m. to 1:00 a.m.

 

a.   Resolution No. 2009-157 to be adopted approving the Entertainment License for Fresco’s Restaurant and Night Club.

 

PUBLIC WORKS DEPARTMENT:

 

G.  Recommendation of City Staff that the City Council adopt a resolution awarding the bid and approving a contract for Union Valley Parkway Extension, Phase I, Bid No. 2010/02, to G. Sosa Construction in the amount of $1,599,999.00.

 

a.   Resolution No. 2009-158 to be adopted awarding the bid and approving a contract with G. Sosa Construction.

 

H.  Recommendation of City Staff that the City Council adopt a resolution awarding the bid and approving a contract for Union Valley Parkway Extension, Phase II, Bid No. 2010/11, to John Madonna Construction, Inc. in the amount of $3,602,242.10.

 

a.   Resolution No. 2009-159 to be adopted awarding the bid and approving a contract with John Madonna Construction, Inc.

 

I.    Recommendation of the Traffic Committee that the City Council adopt a resolution establishing a no stopping zone on Depot Street along the westerly right-of-way near Main Street.

 

a.   Resolution No. 2009-160 to be adopted approving a no stopping zone on Depot Street.

 

J.   Recommendation of the Traffic Committee that the City Council adopt a resolution establishing a no stopping zone on Furukawa Way along the southerly right-of-way near Kameo Street.

 

a.   Resolution No. 2009-161 to be adopted approving a no stopping zone on Furukawa Way.

 

K.  Recommendation of the Traffic Committee that the City Council adopt a resolution establishing angle parking on El Camino Street west of Pine Street, on El Camino Street east of Pine Street, and on both sides of Pine Street between Tunnel Street and El Camino Street.

 

a.   Resolution No. 2009-162 to be adopted approving angle parking on El Camino Street and Pine Street.

 

RECREATION AND PARKS DEPARTMENT:

 

L.   Recommendation of City Staff that the City Council adopt resolutions of annexation and assessment for projects within the Northwest, Southwest, Northeast, and South Miller Street/South College Drive Landscape Maintenance Districts and any Special Benefit Zones.

 

a.   Resolution No. 2009-163 to be adopted annexing and authorizing the assessment of Landscape Maintenance Fees to La Bodequita & Commissary, Central Coast Distributing, and Diani Companies Office located in the Northwest Landscape Maintenance District.

 

b.   Resolution No. 2009-164 to be adopted annexing and authorizing the assessment of Landscape Maintenance Fees to VTC Enterprises and Takken Building located in the Southwest Landscape Maintenance District.

 

c.   Resolution No. 2009-165 to be adopted annexing and authorizing the assessment of Landscape Maintenance Fees to America’s Tire Store located in the Northeast Landscape Maintenance District.

 

d.   Resolution No. 2009-166 to be adopted annexing and authorizing the assessment of Landscape Maintenance Fees to Santa Maria Cemetery District located in the South Miller Street/South College Drive Landscape Maintenance District.

 

 

PUBLIC HEARINGS:

 

4.   GENERAL PLAN AMENDMENT FOR THE BIKEWAY MASTER PLAN, GP-2008-002, E-2009-040. The City Council will review of a recommendation from the Planning Commission to authorize the filing of a Negative Declaration for E-2009-040, approve an amendment to the Circulation Element of the General Plan, and approve the Santa Maria Bikeway Master Plan.  

 

On November 4, 2009, the Planning Commission adopted Resolution No. 2555 recommending the City Council approve a Negative Declaration, Resolution No. 2556 recommending the City Council approve the General Plan (Circulation) amendment, and Resolution No. 2557 recommending the City Council approve the Santa Maria Bikeway Master Plan.

 

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.    Resolution No. 2009-167 to be adopted approving a Negative Declaration of Environmental Impact, E-2009-040, for the Santa Maria Bikeway Master Plan.

 

g.   Resolution No. 2009-168 to be adopted approving a General Plan (Circulation) Amendment for the Santa Maria Bikeway Master Plan, GPZ-2008-002.

 

h.   Resolution No. 2009-169 to be adopted approving the Santa Maria Bikeway Master Plan.

 

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

 

 

REGULAR BUSINESS:

 

5.   OFFICE OF TRAFFIC SAFETY SOBRIETY CHECKPOINT MINI-GRANT.  The City Council is requested to authorize the appropriation of $49,549.74 to be allocated to the Santa Maria Police Department under the provisions of the Office of Traffic Safety, California Sobriety Checkpoint Mini-grant Program. 

 

a.   Staff report to be made.  (Police Chief)

 

b.   Council discussion.

 

c.   Resolution No. 2009-170 to be adopted authorizing the appropriation of $49,549.74 to the Police Department.

 

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

 

6.   2009 EDWARD J. BYRNE MEMORIAL JUSTICE ASSISTANCE (JAG) PROGRAM GRANT - LOCAL.  The City Council is requested to authorize the appropriation of $38,230 to be allocated to the Santa Maria Police Department for the purchase of Cal-ID AFIS Workstation via an interlocal agreement between the City of Santa Maria and the County of Santa Barbara under the provisions of the 2009 Recovery Edward J. Byrne Memorial Justice Assistance (JAG) Program Local solicitation.

 

a.   Staff report to be made.  (Police Chief)

 

b.   Council discussion.

 

c.   Resolution No. 2009-171 to be adopted authorizing the appropriation of $38,230 to the Police Department.

 

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

 

7.   AMENDMENT TO THE SANTA MARIA MUNICIPAL CODE TO ALLOW NON-LETHAL ELECTRIC FENCES IN COMMERCIAL AND INDUSTRIAL ZONES.  The City Council will consider a proposed ordinance adding Chapter 9-17 to the Santa Maria Municipal Code relating to electric fences. 

 

a.   Staff report to be made.  (Assistant City Attorney)

 

b.   Council discussion.

 

c.   Ordinance No. 2009-24 to be introduced by title only for first reading and continued to the next meeting for second reading and adoption adding Chapter 9-17 to the Santa Maria Municipal Code to allow non-lethal electric fences in commercial and industrial zones.

 

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, DECEMBER 1, 2009.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE DECEMBER 1ST MEETING IS NOVEMBER 19, 2009.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

Nov 18, 2009

City Council Chambers

Cancelled

 

 

 

 

Landmark Committee

Dec 8, 2009

Library Study Room C

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

Dec 8 2009

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

Dec 8, 2009

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

Dec 10, 2009

City Council Chambers

4:00 p.m.

 

 

 

 

Block Grants Advisory

Committee

Dec 14, 2009

City Hall Conference Room

5:30 p.m.

 

 

 

 

All-America City Committee

Dec 21, 2009

City Hall Conference Room

5:30 p.m.