AGENDA OF THE CITY COUNCIL

CITY OF SANTA MARIA, CALIFORNIA

 

CITY HALL COUNCIL CHAMBERS

110 E. COOK STREET

 

Mayor Larry Lavagnino

Mayor Pro Tem Mike Cordero

Councilmember Bob Orach

Councilmember Alice Patino

Councilmember Hilda Zacarías

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

APRIL 20, 2010, 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 March 2010:

 

ALICE JUN

 

for her leadership and commitment as head coach for the Northern Santa Barbara County Special Olympics bocce and bowling programs.

 

B.     Recreation and Parks Volunteers of the Month for April 2010:

 

Chrissy Besserman, Desiree Briones and Lindsey Cora

 

for their commitment of time and energy in supporting and implementing the Recreation and Parks Department’s Youth Basketball iHoops Challenge and Dribble, Dish, and Swish Skills Competitions.

  

C.     Proclamation declaring April 16 – May 7, 2010, as:

 

KCOY’S SPRING FOOD DRIVE

 

in the City of Santa Maria, and encouraging all residents of the Santa Maria Valley to participate by collecting cans of food for donation to Good Samaritan Shelter.

 

D.     Proclamation declaring the month of April 2010, as:

 

FINANCIAL LITERACY MONTH

 

in the City of Santa Maria and encouraging all residents to become financially literate to provide a more secure financial future.

 

E.     Proclamation declaring April 18 – 24, 2010, as:

 

CRIME VICTIMS’ RIGHTS WEEK

 

in the City of Santa Maria.

 

F.      Proclamation declaring the week of May 2 through 8, 2010, as:

 

CALIFORNIA PEACE OFFICERS WEEK

 

and Wednesday, May 5, 2010, 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.

 

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 6, 2010.

 

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 denying an Entertainment License for Mikado Restaurant located at 209 Town Center West to allow karaoke and live jazz music.  The recommendation for denial is due to failure to respond on the part of the applicant.

 

a.   Resolution No. 2010-33 to be adopted denying an Entertainment License for Mikado Restaurant.

     

CITY ATTORNEY DEPARTMENT:

 

F.   Recommendation of City Staff that the City Council conduct the second reading by title only of Ordinance No. 2010-03 making various technical amendments to the Santa Maria Municipal Code and adopt the ordinance.

 

a.   Ordinance No. 2010-03 to be adopted.

 

PUBLIC WORKS DEPARTMENT:

 

G.  Recommendation of the Traffic Committee that the City Council adopt a resolution approving the establishment of a two-way stop at the intersections of Mill Street and School Street and Mill Street and Elizabeth Street.

 

a.   Resolution No. 2010-34 to be adopted approving the establishment of two-way stops on Mill Street.

 

H.  Recommendation of the Traffic Committee that the City Council adopt a resolution approving the establishment of a no stopping zone on West McCoy Lane in front of Gavial Great White Dental.

 

a.   Resolution No. 2010-35 to be adopted approving a no stopping zone on West McCoy Lane.

 

RECREATION AND PARKS DEPARTMENT:

 

I.    Recommendation of City Staff that the City Council adopt a resolution expressing intent to annex two (2) parcels into the Southwest and Northeast Landscape and Lighting Districts.

 

a.   Resolution No. 2010-36 to be adopted expressing Council’s intent to annex MJA Cooling Addition/Expansion into the Southwest Landscape and Lighting District and Adam Business Park into the Northeast Landscape and Lighting District.

 

UTILITIES DEPARTMENT:

 

J.   Recommendation of City Staff that the City Council adopt a resolution approving a Memorandum of Understanding (MOU) with the Santa Barbara County Water Agency and a group of local governmental agencies, special districts, and non-governmental organizations known as Cooperating Partners, to continue participation in the State-wide Proposition 84 process and revise the Integrated Regional Water Management Plan in Santa Barbara County, and authorizing the Director of Utilities to sign and execute the MOU on behalf of the City and expend funds to financially contribute to this effort.

 

a.   Resolution No. 2010-37 to be adopted approving the Proposition 84 Memorandum of Understanding.

 

APPOINTMENTS:

 

4.   APPOINTMENT TO ALL-AMERICA CITY COMMITTEE.  The City Council will consider making one appointment to the All-America City Committee to fill an unexpired term ending January 2011 resulting from the recent resignation of Sylvia Grayham.  The nomination will be made by Councilmember Cordero.  One application was received from Ester Acosta.

 

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

 

b.   Nomination to be made.

 

c.   Appointment to be ratified.

 

PUBLIC HEARINGS:

 

5.   public hearing to receive comments and consider the block grants advisory committee’S RECOMMENDATIONS FOR ALLOCATION OF FISCAL YEAR 2010-11 FEDERAL FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS.  The City Council is requested to conduct the public hearing to receive public comments and consider the Block Grants Advisory Committee’s recommendation for the allocation of Fiscal Year 2010-11 CDBG and HOME Investment Partnerships Program estimated funds.

 

The Block Grants Advisory Committee held special meetings on March 22 and 23, 2010, to receive subcommittee reports and to formulate its recommendations to the City Council based on estimated funding.   [Attachments A-D]    [Attachments E-H]

 

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

 

b.   Written communications.

 

c.   Those in opposition to be heard.

 

d.   Those in favor to be heard.

 

e.   After all persons have been heard, and all communications filed, hearing to be closed.

 

f.    Resolution No. 2010-38 to be adopted approving the public service activities and allocations under the Community Development Block Grant Program.

 

g.   Resolution No. 2010-39 to be adopted approving the Capital Development activities and allocation under the Community Development Block Grant Program.

 

h.   Resolution No. 2010-40 to be adopted approving the activities and allocations under the Home Investment Partnerships Program.

 

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

 

6.   PUBLIC HEARING FOR THE 2010 Annual Weed Abatement Program.  The City Council will conduct a public hearing to hear protests against the abatement of public nuisances such as noxious and dangerous weeds, rubbish, refuse, and dirt.

 

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, and all communications filed, hearing to be closed.

 

f.        Resolution No. 2010-41 to be adopted overruling objections to the abatement and authorizing the Streets and Facilities Manager to perform abatement of the nuisances.

 

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

 

REGULAR BUSINESS:

 

7.   SANTA MARIA INTEGRATED WASTE MANAGEMENT FACILITY AT LOS FLORES:  CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT AND APPROVAL OF THE PROPOSED PROJECT.  The City Council is requested to certify the Final Environmental Impact Report, make CEQA findings, adopt a Statement of Overriding considerations, and approve a Mitigation Monitoring Program for the Santa Maria Integrated Waste Management Facility at Los Flores Ranch; and adopt a resolution approving the proposed Integrated Waste Management Facility for the purpose of forwarding the project to the State of California for approval as described in the Final Environmental Impact Report.  [Attachments A-D]    [Attachment E (EIR)]

 

a.   Staff report to be made.  (Director of Utilities)

 

b.   Council discussion.

 

c.   Resolution No. 2010-42 to be adopted certifying the Final Environmental Impact Report, making CEQA findings, adopting a Statement of Overriding Considerations, and adopting a Mitigation Monitoring Program for the Integrated Waste Management Facility Project.  [Exhibit A]   [Exhibits B-C]   [Exhibit D]

 

d.   Resolution No. 2010-43 to be adopted approving the proposed Santa Maria Integrated Waste Management Facility for the purpose of forwarding the project to the State of California for approval.

 

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 - EXISTING LITIGATION pursuant to Subdivision (a) of Government Code Section 54956.9 to discuss SANTA MARIA VALLEY WATER CONSERVATION DISTRICT v. CITY OF SANTA MARIA.

 

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, Case No. 1318327.

 

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, Case No. 1316392.

 

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Subdivision (a) of Government Code Section 54956.9 to discuss GREGORY CARROLL v. CITY OF SANTA MARIA, ET. AL. Case No. CV 0907336.

 

 

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 4, 2010.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE MAY 4TH MEETING IS APRIL 22, 2010.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

Apr 21, 2010

CANCELLED

6:30 p.m.

 

 

 

 

Block Grants Advisory Committee

May 10, 2010

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

May 11, 2010

Library Study Room C

4:00 p.m.

 

 

 

 

All-America City Committee

May 11, 2010

City Hall Conference Room

5:30 p.m.

 

 

 

 

Recreation and Parks Commission

May 11, 2010

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

May 11, 2010

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

May 13, 2010

City Council Chambers

4:00 p.m.

 

 

 

 

City Furlough Day

May 21, 2010

City Offices Closed