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

SEPTEMBER 7, 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.     Resolution No. 2010-99 honoring and commending

 

JERRY LUX

 

Police Officer, for his 37 years of outstanding service to the City and congratulating him on his retirement.

 

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

 

B.     Resolution No. 2010-100 honoring and commending

 

EDGAR CIFUENTES

 

Block Grants Advisory Committee Member, for 8 years of outstanding service to the City and wishing him well in all his future endeavors.

 

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

 

C.     Resolution No. 2010-101 honoring and commending

 

JOSE PONCE

 

Block Grants Advisory Committee Member, for 10 years of outstanding service to the City and wishing him well in all his future endeavors.

 

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

 

D.  Proclamation declaring September 19, 2010, as:

 

“LAS FIESTAS PATRIAS – A COMMUNITY CELEBRATION”

 

in the City of Santa Maria.

 

 

E.  Proclamation declaring the week of September 17 through 23, 2010, as:

 

“CONSTITUTION WEEK”

 

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

 

F.   Proclamation declaring the week of September 20 through 25, 2010, as:

 

“PEACE WEEK”

 

in the City of Santa Maria and encouraging all residents to participate in this year’s activities.

 

G.  Proclamation declaring the month of September 2010 as:

“SUICIDE PREVENTION MONTH”

 

in the City of Santa Maria.

 

H.  Proclamation declaring the month of September 2010 as:

 

“NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH”

 

in the City of Santa Maria and encouraging all residents to support men, women and youth who are in drug and alcohol addiction treatment and recovery along with their families.

 

 

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 August 17, 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.

 

LIBRARY DEPARTMENT:

 

E.  Recommendation of City Staff that the City Council adopt a resolution approving an agreement with the County of Santa Barbara for operation of a Countywide Free Library System for fiscal year 2010-11.

 

a.   Resolution No. 2010-102 to be adopted approving an agreement for a Countywide Free Library System.

 

POLICE DEPARTMENT:

 

F.   Recommendation of City Staff that the City Council adopt a resolution authorizing the appropriation of $245,000 to be allocated to the Santa Maria Police Department under the provisions of the Office of Traffic Safety (O.T.S.) Driving Under the Influence (D.U.I.) Enforcement and Awareness Program Grant AL 1130.

 

a.   Resolution No. 2010-103 to be adopted appropriating funding under the California Office of Traffic Safety Grant Program.

 

PUBLIC WORKS DEPARTMENT:

 

G.  Recommendation of City Staff that the City Council adopt a resolution approving receipt of Safe Routes to School (SR2S) Grant funding, a grant from the State of California.

 

a.   Resolution No. 2010-104 to be adopted approving the Safe Routes to School Grant Fund Project.

 

H.  Recommendation of City Staff that the City Council give approval to call for bids on the plans and specifications for Bid No. 2010/14, Federal Stimulus Chip Seal and Streetlight Enhancement.

 

a.   Approval to be given to call for bids.

 

I.    Recommendation of City Staff that the City Council approve the Notice of Contract Completion for Federal Stimulus Concrete Improvement Project #3 – Taylor, Sunrise and San Ysidro, Bid No. 2010/09.

 

a.   Notice of Contract Completion to be approved and the Chief Deputy City Clerk directed to record the Notice.

 

J.   Recommendation of City Staff that the City Council approve the Notice of Contract Completion for Federal Stimulus Overlay Project #2, Bid No. 2010/07.

 

a.   Notice of Contract Completion to be approved and the Chief Deputy City Clerk directed to record the Notice.

 

 

PRESENTATIONS:

 

4.   PRESENTATION BY SHERIFF BROWN REGARDING MEASURE S-2010.  The City Council will hear a presentation by Sheriff Bill Brown asking the City Council to support and endorse Measure S-2010 on the November 2, 2010, ballot entitled “The County of Santa Barbara ½ Percent Transactions (Sales) and Use Tax Ordinance for Local Crime and Gang Reduction, Fire Protection and Jail Construction/Operation.”  [Attachment 1]  [Attachment 2]

 

a.   Presentation to be made by Sheriff Bill Brown. 

 

b.   Council discussion.

 

c.   Council to consider adoption of Resolution 2010-105 supporting Measure S-2010.

 

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

 

 

REGULAR BUSINESS:

 

5.   ALCOHOLIC BEVERAGE CONTROL LICENSE FOR WALGREENS.  The City Council will consider a recommendation to decline to make a finding of public convenience and necessity in the matter of the issuance of a Type 20 (Off-Sale Beer and Wine) Alcoholic Beverage Control License for Walgreens at 2399 S. Broadway, SP-2010-018.

 

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

 

b.   Council discussion.

 

c.   Public input.

 

d.   A motion to decline to make a finding of public convenience and necessity to be made.

 

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

 

6.   ALCOHOLIC BEVERAGE CONTROL LICENSE FOR WALGREENS.  The City Council will consider a recommendation to decline to make a finding of public convenience and necessity in the matter of the issuance of a Type 20 (Off-Sale Beer and Wine) Alcoholic Beverage Control License for Walgreens at 707 N. Broadway, SP-2010-019.

 

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

 

b.   Council discussion.

 

c.   Public input.

 

d.   A motion to decline to make a finding of public convenience and necessity to be made.

 

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

 

7.   ALCOHOLIC BEVERAGE CONTROL LICENSE FOR IN IN OUT MARKET.  The City Council will consider a recommendation to decline to make a finding of public convenience and necessity in the matter of the issuance of a Type 20 (Off-Sale Beer and Wine) Alcoholic Beverage Control License for In In Out Market at 560 E. Betteravia, Suite E, SP-2010-017.

 

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

 

b.   Council discussion.

 

c.   Public input.

 

d.   A motion to decline to make a finding of public convenience and necessity to be made.

 

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

 

8.   “GOOD NEIGHBOR” ORDINANCE.  The City Council will conduct the second reading of Ordinance No. 2010-06 amending various sections of the Municipal Code regulating certain events and activities and imposing Good Neighbor Rules.  This item was continued from the August 3, 2010, City Council Meeting.

 

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

 

b.   Council discussion.

 

c.   Public input.

 

d.   Ordinance No. 2010-06 to be adopted.

 

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

 

9.   ALLOCATION OF ADDITIONAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME.  The City Council will consider a recommendation from the Block Grants Advisory Committee for the allocation of $10,628 in additional 2009-10 Community Development Block Grant (CDBG) Program Income to 2010-11 CDBG Public Service Activities and the reallocation of $9,090 in 2010-11 CDBG Capital Project funding.

 

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

 

b.   Council discussion.

 

c.   Public input.

 

d.   Resolution No. 2010-106 to be adopted approving the Block Grants Advisory Committee’s recommendations.

 

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

 

10.    FINANCIAL REPORT FOR FOURTH QUARTER ENDING JUNE 30, 2010, AND A BUDGET AMENDMENT REPORT.  The City Council will consider the quarterly financial report for the fourth quarter of Fiscal Year 2009-10 and a budget amendment report.

 

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

 

b.   Council discussion.

 

c.   Resolution No. 2010-107 to be adopted approving an amendment to the 2009-10 budget and authorizing the City Manager to implement same.

 

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 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, SEPTEMBER 21, 2010.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE SEPTEMBER 21ST MEETING IS SEPTEMBER 9, 2010.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Block Grants Advisory Committee

Sept 13, 2010

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

Sept 14, 2010

Library Study Room C

4:00 p.m.

 

 

 

 

All-America City Committee

Sept 14, 2010

City Hall Conference Room

5:30 p.m.

 

 

 

 

Recreation and Parks Commission

Sept 14, 2010

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

Sept 14, 2010

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

Sept 15, 2010

City Council Chambers

3:00 p.m.

 

 

 

 

Planning Commission

Sept 15, 2010

City Council Chambers

6:30 p.m.

 

 

 

 

City Furlough Day

Sept 17, 2010

City Offices Closed