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

SEPTEMBER 15, 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.  Resolution No. 2009-128 to be adopted recognizing and commending

 

FRANK ORTIZ

 

upon his retirement as Fire Chief for the Santa Maria Fire Department after 12 years of dedicated service and commitment to the City of Santa Maria and the Santa Maria community and wishing him the best in his future endeavors.

 

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

 

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

 

JOSE BAEZA

 

for his dedication and hard work at the Paul Nelson Aquatic Center as part of the Junior Lifeguard Program. 

 

C.  Proclamation declaring the month of September 2009, as:

 

“NATIONAL PREPAREDNESS MONTH”

 

in the City of Santa Maria and encouraging all residents and businesses to develop their own emergency preparedness plan.

 

D.  Proclamation declaring the month of September 2009, as

“SUICIDE PREVENTION MONTH”

 

in the City of Santa Maria.

 

E. Proclamation declaring September 17 through 23, 2009 as:

 

“CONSTITUTION WEEK”

 

in the City of Santa Maria and asking all residents to reaffirm the ideals the Framers of the Constitution had in 1787.

 

 

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 September 1, 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 receive, review and file the Growth Mitigation Annual Compliance report.

 

a.   Receive and file the report.

 

CITY ATTORNEY’S DEPARTMENT:

 

F.   Recommendation of City Staff that the City Council conduct the second reading by title only of Ordinance No. 2009-21 amending Santa Maria Municipal Code Chapter 5-6 to eliminate the right of appeal of a nuisance abatement order by the Code Compliance Board to the City Council and adopt the Ordinance.

 

a.   Ordinance No. 2009-21 to be adopted.

 

LIBRARY DEPARTMENT:

 

G.  Recommendation of the Library Board of Trustees that the City Council adopt a resolution approving the extension of the lease agreement with the Minson Company for the Orcutt Branch Library.

 

a.   Resolution No. 2009-129 to be adopted approving the lease extension with the Minson Company.

 

PUBLIC WORKS DEPARTMENT:

 

H.  Recommendation of City Staff that the City Council give approval to call for bids on the plans and specifications for Federal Stimulus Concrete Project #1 (Broadway), Bid No. 2010/06; Federal Stimulus Concrete Project #2 (Thornburg Street), Bid No. 2010/08; and Federal Stimulus Concrete Project #3 (Taylor Street, San Ysidro Street, Sunrise Drive), Bid No. 2010/09.

 

a.   Approval to call for bids to be granted.

 

I.    Recommendation of City Staff that the City Council give approval to call for bids on the plans and specifications for Federal Stimulus Overlay Project #1, Bid No. 2010/05, and Federal Stimulus Overlay Project #2, Bid No. 2010/07.

 

a.   Approval to call for bids to be granted.

 

J.   Recommendation of City Staff that the City Council adopt a resolution awarding the bid for Landfill Concrete Drainage Swale, Bid No. 2009/14, and approving an agreement with Southwest General Engineering, Inc.

 

a.   Resolution No. 2009-130 to be adopted approving an agreement with Southwest General Engineering, Inc.

 

UTILITIES DEPARTMENT:

 

K.  Recommendation of City Staff that the City Council conduct the second reading by title only of Ordinance No. 2009-20, adding Chapter 8-12A, Storm Water Runoff Pollution Prevention, to the Santa Maria Municipal Code and adopt the Ordinance.

 

a.   Ordinance No. 2009-20 to be adopted.

 

L.   Recommendation of City Staff that the City Council consider an ordinance adding Section 8-10.22.1, Meter Credits, and amending Section 8-10.05.01, State Water Reimbursement Fee, to implement a new 3/4” x 3/4” water meter size.

 

a.   Ordinance No. 2009-22 to be introduced by title only for first reading and continued to the next meeting for second reading and adoption.

 

M.  Recommendation of City Staff that the City Council adopt a resolution approving an agreement with the United States Bureau of Reclamation (USBR) CALFED to receive $600,000 in grant funds to implement the Leakwatch Real-Time Radio Metering Program (Fixed-Base), authorizing the Director of Utilities to execute and implement the agreement, and authorizing the Director of Administrative Services to appropriate the grant funds.

 

a.   Resolution No. 2009-131 to be adopted approving the USBR agreement.

 

 

PUBLIC HEARINGS:

 

4.   HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM.  The City Council will consider the Block Grants Advisory Committee’s recommendation for the allocation of federal funds in the amount of $521,839 under the Homelessness Prevention and Rapid Re-Housing Program.

 

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. 2009-132 to be adopted approving the final allocations for the use of federal funds under the Homelessness Prevention and Rapid Re-Housing Program and authorizing the City Manager to execute the necessary documents on behalf of the City.

 

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

 

 

REGULAR BUSINESS:

 

5.   ALCOHOLIC BEVERAGE LICENSE FOR LA PERLA MARKET AND DELI.  The City Council will consider declining to make a finding of public convenience or necessity pertaining to the issuance of an Alcoholic Beverage License for La Perla Market and Deli located at 1138 W. Church Street, File No. SP-2009-020.

 

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

 

b.   Council discussion and direction.

 

6.   ALCOHOLIC BEVERAGE LICENSE FOR A J GROCERY EXPRESS.  The City Council will consider declining to make a finding of public convenience or necessity pertaining to the upgrading of an Alcoholic Beverage License (Type 21 - off sale beer, wine & spirits) for A J Grocery Express located at 101 North Depot Street, Suite A, File No. SP-2009-016.

 

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

 

b.   Council discussion and direction.

 

7.   INTERMODAL TRANSIT CENTER.

The City Council will consider a request to grant approval to call for bids on the plans and specifications for Intermodal Transit Center, Bid No. 2010/03.

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

b.   Council discussion.

c.   Approval to call for bids to be granted. 

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 - EXISTING LITIGATION pursuant to Subdivision (a) of Government Code Section 54956.9 to discuss Santa Maria Police Officers Association v. City of Santa Maria, et al., Case No. 1316392.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Subdivision (a) of Government Code Section 54956.9 to discuss JOSE BETANCOURT v. City of Santa Maria, et al., Case No. 1273966.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Subdivision (a) of Government Code Section 54956.9 to discuss  JAVIER BRAVO SR., ET AL. v. City of Santa Maria, et al., United States District Court, California Central District, Case No. CV-06-06851 FMC.

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

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, OCTOBER 6, 2009.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE OCTOBER 6TH MEETING IS SEPTEMBER 24, 2009.