AMENDED**

AGENDA OF THE CITY COUNCIL

CITY OF SANTA MARIA, CALIFORNIA

 

CITY HALL COUNCIL CHAMBERS

110 E. COOK STREET

 

Mayor Larry Lavagnino

Mayor Pro Tem Bob Orach

Councilmember Jack Boysen Councilmember Mike Cordero

Councilmember Alice Patino

 

City Manager Rick Haydon

City Attorney Gil Trujillo

City Clerk Patti Rodriguez

Acting Chief Deputy City Clerk Rhonda Garietz, Ex-Officio Clerk of the City Council

 

 

REGULAR MEETING

APRIL 3, 2012, AT 6:30 P.M.

 

 

 

** PLEASE SEE REVISED ITEM 3F, “Awarding the bid for the Santa Maria Public Library, Orcutt Branch, Bid No. 2012/09.”

 

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.  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/COMMENDATIONS:

 

A.                 Proclamation declaring the month of April 2012, as:

 

“CHILD ABUSE PREVENTION MONTH”

 

in the City of Santa Maria to encourage all residents to become aware of and support local child abuse prevention programs.

 

B.                 Proclamation declaring the month of April 2012, as:

 

“SEXUAL ASSAULT AWARENESS MONTH”

 

in the City of Santa Maria to encourage all residents to work together to increase public awareness about what can be done to prevent sexual assault and support the victims and survivors in our City..

 

C.                 Proclamation declaring the month of April 2012, as:

 

“NATIONAL DISTRACTED DRIVING AWARENESS MONTH”

 

in the City of Santa Maria to encourage all drivers to commit to not using their cell phones while driving and to examine our driving habits and promise to protect each other on the road through distraction-free driving behavior.

 

D.                 Proclamation declaring the week of April 8 – 14, 2012, as:

 

“NATIONAL LIBRARY WEEK”

 

in the City of Santa Maria to encourage all residents to visit the library to take advantage of the wonderful library resources available at the Santa Maria Public Library.

 


E.                 Proclamation declaring the month of April 2012, as:

 

“KITE MONTH”

 

in the City of Santa Maria to encourage residents to participate in the joy and excitement of kite flying and urge everyone in our community to “GO FLY A KITE!”

 

F.                 Proclamation declaring the week of April 15 – 21, 2012, as:

 

“NATIONAL BOYS & GIRLS CLUB WEEK”

 

in the City of Santa Maria to recognize and commend the Boys & Girls Club organizations in the state for providing comprehensive, effective services to the young people in our communities

 

 

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 items within the subject matter jurisdiction of the City Council 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 March 20, 2012.

 

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

 

COMMUNITY DEVELOPMENT DEPARTMENT:

 

E.  Recommendation of City Staff that the City Council conduct the second reading by title only of 1) Ordinance 2012-03 approving the Area 9 Specific Plan Offsite Road Mitigation Plan, and adopting the Area 9 Specific Plan Traffic Fee; 2) Ordinance 2012-04 adopting the Area 9 Specific Plan, modified to reflect Final EIR Alternative #5; 3) Ordinance 2012-05 amending the Zoning Map to rezone the 890 acres of the Area 9 project; and 4) Ordinance 2012-06 adopting the reimbursement fee for preparation of the Environmental Impact Report (EIR) for the Area 9 Specific Plan.

 

a.   Ordinance No. 2012-03 to be adopted.  [Exhibits A & B]

 

b.   Ordinance No. 2012-04 to be adopted. [Exhibit A]   [Exhibit B & C]

 

c.   Ordinance No. 2012-05 to be adopted.

 

d.   Ordinance No. 2012-06 to be adopted.


PUBLIC WORKS DEPARTMENT:

 

**F.      Recommendation of City Staff that the City Council adopt a resolution awarding the bid for the Santa Maria Public Library, Orcutt Branch, Bid No. 2012/09, and approving a contract with Tomar Construction, Inc., in the amount of $448,728.

 

a.   Resolution No. 2012-34 to be adopted approving an agreement with Tomar Construction, Inc., in the amount of $448,728.

 

G.  Recommendation of City Staff that the City Council adopt both the Santa Maria Area Transit Local Capital and Operating Assistance application and the San Luis Obispo Regional Transit Authority Route 10 Regional Transit Service application for Federal Transit Administration Section 5307 funds in the Santa Maria Urbanized Area for fiscal years 2012-13, 2013-14, and 2014-15.

 

a.   Resolution No. 2012-35 to be adopted approving applications for Federal Transit Administration Section 5307 Funds for fiscal years 2012-13, 2013-14, and 2014-15 for Santa Maria Urbanized Area.

 

 

PUBLIC HEARING:

 

4.   WATER AND SEWER RATE INCREASE.  The City Council will conduct a public hearing to determine if a majority protest exists, and if no majority protests exists, introduce an ordinance instituting annual five percent water and sewer rate increases to become effective July 1st for fiscal years 2012-13, 2013-14, and 2014-15.

 

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

 

b.   Written communications.

 

c.   Open the Protest Hearing.

 

      i.    Those in favor to be heard.

 

      ii.   Those in opposition to be heard.

 

d.   After all persons have been heard, and all written protests filed, hearing to be closed.

 

e.   Acting Chief Deputy City Clerk to determine if majority protest exists.

 

f.    Ordinance No. 2012-07 approving annual five percent rate increases for water and sewer services each July 1st for fiscal years 2012-13, 2013-14, and 2014-15 to be introduced by title only for first reading and continued to the next meeting for second reading and adoption.

 

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

 

 

REGULAR BUSINESS:

 

5.   EFFICIENCY UNIT ORDINANCE, AMENDMENTS TO TITLE 9 AND TITLE 12 TO THE SANTA MARIA MUNICIPAL CODE, RELATING TO EFFICIENCY DWELLING UNITS WITHIN THE C-1 AND C-2 ZONING DISTRICTS, Z-2011-002, E-2011-28 (CITYWIDE).  The City Council will consider recommendations from the Planning Commission to amend the Municipal Code relating to Efficiency Dwelling Units.  On January 18, 2012, the Planning Commission adopted Resolution No. 2595 and Resolution No. 2596 making recommendations to the City Council to authorize the filing of a Negative Declaration of Environmental Impact, E-2011-028, for the Efficiency Unit Ordinance Project, Z-2011-002 and to adopt an ordinance amending Title 9 and Title 12 of the Santa Maria Municipal Code.  Both resolutions passed by 3-1-1 vote with Commissioner Waterfield opposing, and Commissioner Lopez abstaining. 

 

On February 21, 2012, a Public Hearing was conducted and concluded before the City Council.  After the Public Hearing was closed, the matter was continued to April 3, 2012, for further discussion and to receive information that would clarify the range of options proposed to the City Council.

 

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

 

b.   Public comments.

 

c.   Council discussion.

 

d.   Resolution No. 2012-36 to be adopted finding no detrimental environmental impacts and directing the filing of a Negative Declaration of Environmental Impact for amendments to Titles 9 and 12 of the Santa Maria Municipal Code relating to Efficiency Dwelling Units and Efficiency Unit Projects, Z-2012-002, E-2011-028.

 

e.   Ordinance No. 2012-08 adding Section 9-1.211.1, Efficiency Dwelling Units, and adding Chapter 12-52, Efficiency Unit Projects, to the Santa Maria Municipal Code to be introduced by title only for first reading and continued to the next meeting for second reading and adoption.

 

      ROLL CALL:  Councilmembers Boysen, Cordero, Orach, Patino, 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:

 

1)   CONFERENCE WITH LABOR NEGOTIATORS pursuant to Section 54957.6 of the Government Code.

 

      Agency Representative:        Acting Assistant City Manager

      Employee Organizations:      Santa Maria Police Officers Assoc. (SMPOA)

 

 

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, APRIL 17, 2012.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE APRIL 17TH MEETING IS APRIL 5, 2012.

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

Planning Commission

Apr. 04, 2012

City Council Chambers

6:30 p.m.

Block Grants Advisory Committee

Apr. 09, 2012

City Hall Conference Room

5:30 p.m.

All-America City Committee

Apr. 10, 2012

City Hall Conference Room

5:30 p.m.

Landmark Committee

Apr. 10, 2012

Library Study Room C

4:00 p.m.

Library Board

Apr. 10, 2012

Library Conference Room

7:00 p.m.

Recreation and Parks Commission

Apr. 10, 2012

City Council Chambers

4:00 p.m.

 

 

 

 

City Furlough Day

Apr. 20, 2012

City Offices Closed