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 FEBRUARY 7, 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. Notification at least 48 hours prior to the meeting is required for the City to make reasonable accommodation arrangements for 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:

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. 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. (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.

A. Recommendation of City Staff that the City Council approve the MINUTES of the Special City Council Meeting of January 13, 2006, the Regular City Council Meeting of January 17, 2006, and the Special City Council Meeting of January 25, 2006.

a. To be approved.

B. Recommendation of City Staff that the City Council direct staff to incorporate the proposed City Council CITY-WIDE GOALS into their department-specific goals and objectives for the City to address over the next two-year period.

a. Direct staff to incorporate the goals.

C. 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 NORTH PREISKER RANCH, TRACT 5764, Phase 4:

a. Release of a Faithful Performance Bond in the amount of $16,112 for the installation of 134 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 PARKSIDE IV, TRACT 5736:

a. Release of a Faithful Performance Bond in the amount of $18,850 for the installation of public landscaping and irrigation improvements to be authorized, with the order that the Planting and Irrigation Maintenance Bond be held until February 2007.

E. 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 PRINCESS ESTATES, TRACT 5699, PHASE 2:

a. Release of a Faithful Performance Bond in the reduced amount of $10,000 for the construction and installation of public improvements to be authorized, with the order that the Contractor, Labor and Material bond be held until August 2006 and the Guarantee and Defective Material Bond be held until February 2007.

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.

CITY ATTORNEY DEPARTMENT:

H. Recommendation of City Staff that the City Council conduct the second reading of Ordinance No. 2006-01, making amendments to Chapter 2 of Title 6 of the Municipal Code relating to trespassing on private property, and adopt the ordinance.

a. Ordinance No. 2006-01 to be adopted.

COMMUNITY DEVELOPMENT DEPARTMENT:

I. 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 EL POLLO NORTENO, located at 1954 S. Broadway, Unit H. 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:

J. Recommendation of City Staff that the City Council approve a NOTICE OF CONTRACT COMPLETION for Rotary Centennial Park, Bid No. 2005/06.

a. Notice of Completion to be approved and recorded.

K. Recommendation of City Staff that the City Council approve a NOTICE OF CONTRACT COMPLETION for Pond Distribution Piping, Bid No. 2005/01.

a. Notice of Completion to be approved and recorded.

APPOINTMENTS:

1. APPOINTMENTS TO VARIOUS COMMITTEES AND BOARDS. The City Council will consider two appointments to the Code Compliance Board, one appointment to the Recreation and Parks Commission, and one appointment to the Landmark Committee. Direct staff to readvertise one seat on the All-America City Committee as insufficient applications were received by the filing deadline.

1. Staff report to be made. (Chief Deputy City Clerk)

2. Appoint two members to the Code Compliance Board for a regular term of two years. Applicants are nominated by individual Councilmembers, appointed by the Mayor, and confirmed by the City Council. Councilmember Mariscal and Mayor Lavagnino will be making the nominations. Ten applications were received.

3. Appoint one member to the Recreation and Parks Commission to fill an unexpired vacancy through January 2007. Applicants are nominated by individual Councilmembers, appointed by the Mayor, and confirmed by the City Council. Councilmember Mariscal will make the nomination. Two applications were received.

4. Appoint one member to the Landmark Committee for a regular term of three years. Appointments are made by the Mayor and confirmed by the City Council. One application was received.

5. Direct staff to readvertise one vacant seat on the All-America City Committee.

PRESENTATION OF REPORTS:

2. PRESENTATION OF THE SANTA MARIA VALLEY CHAMBER OF COMMERCE AND VISITOR AND CONVENTION BUREAU SEMI-ANNUAL REPORT FOR THE PERIOD OF JULY 1, 2005, THROUGH DECEMBER 31, 2005.

1. Presentation to be made by Robert Hatch and Gina Keough, Santa Maria Valley Chamber of Commerce and Visitor and Convention Bureau.

2. Receive and file the report.

3. PRESENTATION OF THE SANTA MARIA VALLEY CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT COMMISSION SEMI-ANNUAL REPORT FOR THE PERIOD JULY 1, 2005, THROUGH DECEMBER 31, 2005.

1. Presentation to be made by Robert Hatch, Santa Maria Valley Chamber of Commerce and Visitor and Convention Bureau, and Chairperson of the Economic Development Commission.

2. Receive and file the report.

REGULAR BUSINESS:

4. ANNUAL TECHNICAL AMENDMENTS TO THE SANTA MARIA MUNICIPAL CODE. The City Council will consider a proposed ordinance making various technical amendments to the Santa Maria Municipal Code that result from provisions that work ineffectively for technical reasons and includes laws that need to be updated, modified or deleted because of changes in State law or in City operations.

1. Staff report to be made. (Senior Deputy City Attorney)

2. Council discussion.

3. Introduce Ordinance No. 2006-02 by title only and continue to the regular meeting of February 21, 2006, for second reading and adoption.

5. FINANCIAL REPORT FOR SECOND QUARTER ENDING DECEMBER 31, 2005, AND A BUDGET AMENDMENT REPORT – FISCAL YEAR 2005-06. The City Council will consider the quarterly financial report for the second quarter of Fiscal Year 2005/06 and a budget amendment report making certain amendments to the 2005/06 Fiscal Year Budget.

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

2. Council discussion.

3. Resolution No. 2006-17 to be adopted approving amendments to the budget for fiscal year 2005-06 and authorizing the City Manager to implement same.

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.

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

CONFERENCE WITH LEGAL COUNSEL regarding ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Subsection (b) of 54956.9 of the Government Code (1 matter).

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, FEBRUARY 21, 2006. THE DEADLINE FOR SUBMITTING ITEMS FOR THE FEBRUARY 21^ST MEETING IS FEBRUARY 9, 2006.

CITY CALENDAR
BOARD/ COMMISSION	NEXT MEETING	MEETING PLACE	MEETING TIME
Block Grants Advisory Committee	February 13, 2006	City Hall Conference Room	5:30 p.m.
Landmark Committee	February 14, 2006	City Hall Conference Room	4:00 p.m.
Recreation and Parks Commission	February 14, 2006	City Council Chambers	6:30 p.m.
Library Board	February 14, 2006	Library Conference Room	7:00 p.m.
Planning Commission	February 15, 2006	City Council Chambers	6:30 p.m.
Code Compliance Board	February 16, 2006	City Council Chambers	4:00 p.m.
All-America City Committee	February 20, 2006	United Way	5:30 p.m.