AGENDA OF THE CITY COUNCIL

CITY OF SANTA MARIA, CALIFORNIA

 

CITY HALL COUNCIL CHAMBERS

110 E. COOK STREET

 

Mayor Larry Lavagnino

Mayor Pro Tem Alice Patino

Councilmember Jack Boysen Councilmember Mike Cordero

Councilmember Bob Orach

 

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 19, 2011, 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 Boysen, Cordero, Orach, Patino, and Mayor Lavagnino

 

 

1.   PROCLAMATIONS/PRESENTATIONS:

 

A.     RESOLUTION NO. 2011-32 RECOGNIZING AND COMMENDING:

 

DENNIS BAKER

 

Account Clerk–Scale House in the Utilities Department, for over 10 years of dedicated service to the City of Santa Maria and congratulating him on his retirement.

 

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

 

B.     Recreation and Parks Volunteer of the Month for April 2011:

 

ERNIE MALDONADO

 

         for his dedication and commitment to the Recreation and Parks Tee Ball Program for the past two years.

 

 

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 Boysen, Cordero, Orach, Patino, 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 5, 2011.

 

a.   Minutes to be approved.

 

C.  Recommendation of City Staff that the City Council adopt a resolution approving an agreement with the County of Santa Barbara for animal control services in the amount of $518,830 for 2011-12.

 

a.   Resolution No. 2011-33 to be adopted approving the 2011-12 Animal Control Agreement.

 

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.

 

FIRE DEPARTMENT:

 

F.   Recommendation of City Staff that the City Council adopt a resolution authorizing the establishment of a Safely Surrendered Baby Program and designating Santa Maria Fire Stations as safe surrender sites pursuant to the California Safely Surrendered Baby Law (SB 1368).

 

a.   Resolution No. 2011-34 to be adopted establishing a Safely Surrendered Baby Program at the Fire Stations.

 

PUBLIC WORKS DEPARTMENT:

 

G.  Recommendation of City Staff that the City Council approve a Notice of Contract Completion for Federal Stimulus Concrete Improvements #1, Bid No. 2010/06.

 

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

 

RECREATION AND PARKS DEPARTMENT:

 

H.  Recommendation of City Staff that the City Council adopt three resolutions annexing and assessing four parcels into the Southwest, Northeast and Northwest Landscape and Lighting Districts.

 

a.   Resolution No. 2011-35 to be adopted annexing and authorizing the assessment of landscape maintenance fees to Cole Enterprises, LLC and Santa Maria Tire located in the Southwest Landscape District.

 

b.   Resolution No. 2011-36 to be adopted annexing and authorizing the assessment of landscape maintenance fees to Santa Maria Cancer Center located in the Northeast Landscape District.

 

c.   Resolution No. 2011-37 to be adopted annexing and authorizing the assessment of landscape maintenance fees to Seafood Express located in the Northwest Landscape District.

 

UTILITIES DEPARTMENT:

 

I.    Recommendation of City Staff that the City Council conduct the second reading by title only of Ordinance No. 2011-03 implementing a residential curbside green waste recycling program and proposed solid waste rate increases, and adopt the ordinance.

 

a.   Ordinance No. 2011-03 to be adopted.

 

 

PUBLIC HEARINGS:

4.   2011 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; and if no majority protest exists, authorize the Director of Public Works to perform abatement of the nuisances from public and unimproved private lots.

 

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 written protests filed, hearing to be closed.

 

f.    Resolution No. 2011-38 to be adopted overruling objections to the abatement and directing the abatement of the nuisances.

 

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

 

5.   DOWNTOWN SPECIFIC PLAN DEVELOPMENT REVIEW PERMIT FOR THE TESORO EVENT FACILITY, 506 SOUTH BROADWAY, DSPDR-2011-001, E-2011-006.  The City Council will consider a recommendation from the Planning Commission regarding a Downtown Specific Plan Development Review permit to allow an existing 6,700 square foot building to serve as an event facility with a full commercial kitchen available to caterers, dining/entertainment area, and full bar, located in the SP/Gateway (Specific Plan/Gateway) zoning district.  Assessor’s Parcel Nos. 125-101-015, 125-101-012, and 125-101-009.

 

On March 16, 2011, the Planning Commission voted 3-1-1, with Commissioner Lopez abstaining and Commissioner Moats absent, to recommend that the City Council approve the project with a revised condition regarding screening the mechanical equipment along the south building elevation.

 

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

 

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. 2011-39 to be adopted approving the Downtown Specific Plan Development Review Permit for the Tesoro Event Facility.

 

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

 

6.   ESTABLISHMENT OF A FEE FOR SPECIFIC BUILDING PERMITS AND RECOMMENDATION TO APPROVE NEW FEES FOR THE PLANNING DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT, PUBLIC WORKS/ENGINEERING DIVISION, AND THE CITY ATTORNEY’S OFFICE.  The City Council will review a request to approve new fees for several departments.  A five percent increase in specific building permit fees is based on additional work required as a result of revisions to various building codes.  Planning fees are proposed to cover tasks currently performed by the division where there is no fee.  The Public Works and City Attorney fees address work in support of projects processed by the Community Development Department for which there is currently no fee.

 

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, and all written protests filed, hearing to be closed.

 

f.    Resolution No. 2011-40 to be adopted approving increased and new fees for various departments.

 

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

 

 

REGULAR BUSINESS:

 

7.   A RESOLUTION OF INTENTION AND AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA MARIA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM.   The City Council will consider adoption of a resolution and introduction of an ordinance amending the contract with the Board of Administration of the California Public Employees’ Retirement System to provide Section 20475 (Different Level of Benefits), Section 21354 (2% @ 55 Full Formula) and Section 20037 (Three-Year Final Compensation) for Local Miscellaneous Members and Section 20475 (Different Level of Benefits), Section 21363.1 (3% @ 55 Full Formula) and Section 20037 (Three-Year Final Compensation) for Local Safety Members.

 

      a.   Staff Report to be given.  (Assistant City Manager)

 

      b.   Council discussion.

 

c.   Resolution No. 2011-41 to be adopted stating the Council’s intent to amend the contract with the CalPERS Board of Administration to implement a two-tier retirement plan for new employees.

 

d.   Ordinance No. 2011-04 to be introduced by title only for first reading and continued to the meeting of May 17, 2011, for second reading and adoption amending the contract with the CalPERS Board of Administration to implement a two-tier retirement plan for new employees.

 

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

8.   SIX MONTH REVIEW OF THE “GOOD NEIGHBOR” ORDINANCE.  The City Council will receive a six-month status report concerning the operation of the Good Neighbor Ordinance enacted at the September 7, 2010, City Council meeting and effective on October 7, 2010; consider adoption of a resolution setting a fee to process a Good Neighbor License; and provide direction to staff as to whether and how to allow for waiver of the fee for events sponsored by nonprofit organizations.

     

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

 

      b.   Council discussion.

 

c.   Resolution No. 2011-42 to be adopted establishing a fee of $338 for processing of a Good Neighbor License.

 

d.   Provide direction to staff on whether and how to allow a fee waiver for nonprofit organizations.

 

ROLL CALL:       Councilmembers Boysen, Cordero, Orach, Patino, 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, MAY 3, 2011.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE MAY 3RD MEETING IS APRIL 21, 2011.

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

Apr 20, 2011

CANCELLED

6:30 p.m.

 

 

 

 

Block Grants Advisory Committee

May 09, 2011

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

May 10, 2011

Library Study Room C

4:00 p.m.

 

 

 

 

All-America City Committee

May 10, 2011

City Hall Conference Room

5:30 p.m.

 

 

 

 

Recreation and Parks Commission

May 10, 2011

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

May 10, 2011

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

May 12, 2011

City Council Chambers

4:00 p.m.

 

 

 

 

 

 

 

 

City Furlough Day

May 20, 2011

City Offices Closed