CITY OF SANTA MARIA, CALIFORNIA CITY HALL COUNCIL CHAMBERS AGENDA OF THE CITY COUNCIL
Mayor Larry Lavagnino Mayor Pro Tem Alice Patino Councilmember Bob Orach Councilmember Marty Mariscal Councilmember Leo Trujillo			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 18, 2006 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, available for public inspection during City Hall business hours, and in the Library the Friday before the meeting. If requested, the agenda and supporting documents shall be made available in alternative formats to persons with a disability. The City Clerk 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. To request assistance, please call 925-0951, extension 307. For TDD (Telecommunications Devices for the Deaf) call (800) 735-2929. The City has equipment available for the hearing impaired and for Spanish-only speaking persons who wish to participate. In order for the City to make reasonable accommodation arrangements for the meeting, notification is required at least by the Friday before the meeting.

INVOCATION:

PLEDGE OF ALLEGIANCE TO THE FLAG:

CALL TO ORDER: Mayor Lavagnino

ROLL CALL: Councilmembers Mariscal, Orach, Patino, Trujillo and Mayor Lavagnino

1. PROCLAMATIONS/COMMENDATIONS/PRESENTATIONS:

A. Presentation to the City Council of a CENTENNIAL MEMORIAL PLAQUE to be installed at City Hall offering a living legacy to the community of Santa Maria and its more than 100 years of history.

B. Proclamation declaring April 25, 2006 as:

“RED HAT SOCIETY DAY”

in the City of Santa Maria, and advising all of the citizens of Santa Maria Valley to pay due respect to all of the Red Hatters on their International Red Hat Society Day.

C. Proclamation declaring April 3 - 27, 2006 as the dates for:

“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 the Santa Maria Valley Foodbank.

D. Recreation and Parks Volunteer of the Month for April 2006:

SANDY UNDERWOOD

for her dedication of time and effort as a Community Educator for Marian Medical Center and her continued involvement in the Families for the First Decade Project “Healthy for Life” work group and Community Walks.

E. Proclamation declaring the month of April 2006 as:

“FAIR HOUSING MONTH”

in the City of Santa Maria, and expressing the hope that this observance will assist in the continuance of equal housing opportunities for all residents of Santa Maria.

F. Proclamation declaring the week of April 17 to 23, 2006 as:

“NATIONAL COMMUNITY DEVELOPMENT WEEK”

in the City of Santa Maria, and encouraging members of the public to promote responsible development of the community for the benefit of all Santa Marians.

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 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. See attached yellow sheets for further information. (Estimated time: 3 minutes unless items are discussed.)

ROLL CALL: Councilmembers Mariscal, Orach, Patino, Trujillo, 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 4, 2006.

a. To be approved.

C. Recommendation of City Staff that the City Council accept as complete certain public improvements and authorize the release of the following bonds posted in connection with ARBORWALK, TRACT 5831:

a. Release of a Faithful Performance Bond in the amount of $1,369,451 for the construction and installation of public improvements to be authorized, with the order that the Contractor, Labor and Material Bond be held until October 2006 and the Guarantee and Defective Material Bond be held until April 2007.

b. Release of a Faithful Performance Bond in the amount of $126,880 for the installation of public landscaping and irrigation to be authorized, with the order that the Contractor, Labor and Material Bond be held until October 2006 and the Planting and Irrigation Maintenance Bond be held until April 2007.

c. Release of a Faithful Performance Bond in the amount of $6,847.60 for the installation of 68 street and easement trees, including maintenance for one year, to be authorized.

D. Recommendation of City Staff that the City Council accept as complete certain public improvements and authorize the release of the following bond posted in connection with THE VILLAGE, TRACT 5846:

a. Release of a Faithful Performance Bond in the reduced amount of $86,772 for the construction and installation of public improvements to be authorized, with the order that the Contractor, Labor and Material Bond be held until October 2006 and the Guarantee and Defective Material Bond be held until April 2007.

b. Release of a Faithful Performance Bond in the amount of $9,465.80 for the installation of 94 street and easement trees, including maintenance for one year, to be authorized.

E. Recommendation of City Staff that the City Council adopt a resolution DECLARING CERTAIN CITY EQUIPMENT TO BE SURPLUS and authorizing the donation of one (1) retired Santa Maria Area Transit (SMAT) transit bus, fifty (50) retired computers, fifty-two (52) retired computer monitors, and associated computer accessories to the City of San Martin de Hidalgo and the neighboring town of Tepehuaje, both located in the State of Jalisco, Mexico.

a. Resolution No. 2006-50 to be adopted declaring City equipment to be surplus and authorizing the donation of same.

ADMINISTRATIVE SERVICES DEPARTMENT:

F. 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.

G. 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.

H. Recommendation of City Staff that the City Council approve an ENTERTAINMENT LICENSE for Ahedos Restaurant at 118 W. Chapel Street to allow live music and disc jockey services Wednesday through Sunday.

a. Entertainment License to be approved with conditions.

CITY ATTORNEY DEPARTMENT:

I. Recommendation of City Staff that the City Council conduct the second reading by title only of Ordinance No. 2006-08 adding Chapter 6-3A to Title 6 of the Santa Maria Municipal Code related to daytime anti-loitering for children under the age of 18 years and, if appropriate, adopt the ordinance.

a. Ordinance No. 2006-08 to be adopted.

COMMUNITY DEVELOPMENT DEPARTMENT:

J. Recommendation of City Staff that the City Council conduct the second reading by title only of Ordinance No. 2006-06 changing the zoning from 6.35 acres of PD/CPO (Planned Development/Commercial Professional Office) to 5.09 acres of PD/R-3 (Planned Development/High Density Residential) and 1.27 acres of PD/CPO for Centennial Square located at the southwest corner of Miller Street and Plaza Drive and adopt the ordinance.

a. Ordinance No. 2006-06 to be adopted.

K. Recommendation of City Staff that the City Council consider a Notice from the California Department of Alcoholic Beverage Control of an application for an ALCOHOLIC BEVERAGE LICENSE in an existing restaurant for 3^rd Coast Cafe, located at 323 Town Center West (previously Cenaduria OK). This application is not affected by Section 23958 of the Business and Professions Code or the Alcoholic Beverage Policy adopted by the City Council.

a. To be noted and filed.

PUBLIC WORKS DEPARTMENT:

L. Recommendation of City Staff that the City Council adopt a resolution authorizing the purchase of .66 acre of land adjacent to the Santa Maria Area Transit (SMAT) Maintenance and Operations Center and direct staff to proceed with acquisition.

a. Resolution No. 2006-51 to be adopted authorizing the purchase of property.

M. Recommendation of the Traffic Committee that the City Council adopt a resolution authorizing the establishment of LIMITED TIME PARKING ZONES AND PREFERENTIAL PARKING PRIVILEGES on Camino Colegio from College Drive to Concepcion Avenue, on Las Flores Way from College Drive to Concepcion Avenue, and Concepcion Avenue from Camino Colegio to Sierra Madre Avenue.

a. Resolution No. 2006-52 to be adopted authorizing the One-Hour Limited Time and Preferential Parking Zones.

N. Recommendation of the Traffic Committee that the City Council adopt a resolution authorizing the establishment of a THREE-WAY STOP at the intersection of Taylor Street and Curryer Street.

a. Resolution No. 2006-53 to be adopted approving the establishing of a three-way stop.

RECREATION AND PARKS DEPARTMENT:

O. Recommendation of City Staff that the City Council adopt resolutions authorizing the submittal of applications for three grants: a Land and Water Conservation Fund grant, a Habitat Conservation Fund grant, and a Recreational Trails Program grant, administered by the State of California Department of Parks and Recreation.

a. Resolution No. 2006-54 to be adopted approving the application for grant funds from the Land and Water Conservation Fund under the California Outdoor Recreation Plan Act of 1967;

b. Resolution No. 2006-55 to be adopted approving the application for grant funds from the Habitat Conservation Fund under the California Wildlife Protection Act of 1990; and

c. Resolution No. 2006-56 to be adopted approving the application for grant funds from the Recreational Trails Program under the Transportational Equity Act for the 21^st Century.

PUBLIC HEARINGS:

4. public hearing to receive comments and consider the block grants advisory committee’S RECOMMENDATIONS FOR THE USE OF FISCAL YEAR 2006-07 FEDERAL FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE HOME INVESTMENT PARTNERSHIPS PROGRAM. The Block Grants Advisory Committee held a special meeting on March 29, 2006, to receive subcommittee reports and to formulate its recommendations to the City Council.

a. Staff report to be made. (Grants Administrator)

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. 2006-57 to be adopted approving the Capital Development activities under the Community Development Block Grant Program for Fiscal Year 2006-07 Federal Funding.

g. Resolution No. 2006-58 to be adopted approving the activities under the HOME Investment Partnerships Program for Fiscal Year 2006-07 Federal Funding.

h. Resolution No. 2006-59 to be adopted approving the Public Service activities under the Community Development Block Grant Program for Fiscal Year 2006-07 Federal Funding.

ROLL CALL: Councilmembers Mariscal, Orach, Patino, Trujillo, and Mayor Lavagnino

5. PUBLIC HEARING REGARDING THE 2006 ANNUAL WEED ABATEMENT PROGRAM. The City Council will hear protests against the abatement of public nuisances such as noxious and dangerous weeds, rubbish, refuse, and dirt along sidewalks, streets and public property.

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. 2006-60 to be adopted overruling objections to the abatement and commencing Weed Abatement proceedings.

ROLL CALL: Councilmembers Mariscal, Orach, Patino, Trujillo, and Mayor Lavagnino

REPORT BY CITY MANAGER:

ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS:

ADJOURNMENT:

CLOSED SESSION: The City Council will recess to a Closed Session:

CONFERENCE WITH LEGAL COUNSEL regarding EXISTING LITIGATION pursuant to Subsection (a) of Government Code Section 54956.9 to discuss SANTA MARIA VALLEY WATER CONSERVATION DISTRICT v. CITY OF SANTA MARIA.

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.

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 TUESDAY, MAY 2, 2006. THE DEADLINE FOR SUBMITTING ITEMS FOR THE MAY 2ND MEETING IS APRIL 20, 2006.

CITY CALENDAR
BOARD/ COMMISSION	NEXT MEETING	MEETING PLACE	MEETING TIME
Planning Commission	April 19, 2006	City Council Chambers	6:30 p.m.
Block Grants Advisory Committee	May 8, 2006	City Hall Conference Room	5:30 p.m.
Landmark Committee	May 9, 2006	City Hall Conference Room	4:00 p.m.
Recreation and Parks Commission	May 9, 2006	City Council Chambers	6:30 p.m.
Library Board	May 9, 2006	Library Conference Room	7:00 p.m.
Code Compliance Board	May 11, 2006	City Council Chambers	4:00 p.m.
All-America City Committee	May 15, 2006	United Way	5:30 p.m.