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 JUNE 6, 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. Proclamation declaring June 13, 2006, as:

“SPECIAL OLYMPICS SOUTHERN CALIFORNIA

LAW ENFORCEMENT TORCH RUN DAY”

in the City of Santa Maria and urging our community to recognize and support the Officers of the City of Santa Maria Police Department for their efforts in support of the Special Olympic athletes in our community.

1. 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.

2. 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 May 16, 2006.

a. To be approved.

C. Recommendation of City Staff that the City Council approve a request from the All-America City Committee to send a delegation to the All-America City Conference in Anaheim.

a. Authorization to be granted.

D. Recommendation of City Staff that the City Council receive the 2006-08 PROPOSED BUDGET, direct staff to distribute the documents, and set the time for a public hearing for consideration of the budget for June 20, 2006.

a. Receive the proposed budget and set June 20, 2006, at 6:30 p.m. as the date and time for the public hearing.

ADMINISTRATIVE SERVICES DEPARTMENT:

E. 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.

F. 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.

G. Recommendation of City Staff that the City Council approve an ENTERTAINMENT LICENSE for East Donovan Lanes dba Rancho Bowl at 128 East Donovan Road to allow entertainment in the form of disc jockey services, karaoke, live bands, televised sporting events, comedy, benefit fundraisers, and concerts.

a. Entertainment License for Rancho Bowl to be approved with conditions.

CITY ATTORNEY DEPARTMENT:

H. Recommendation of City Staff that the City Council receive and file a report regarding a six-month update on the Commercial Vehicle Ordinance adopted on December 6, 2005, to address commercial vehicles parked or stored on private property in residential zones.

a. Receive and file the report.

COMMUNITY DEVELOPMENT DEPARTMENT:

I. Recommendation of City Staff that the City Council refer the DIANI ANNEXATION PETITION (APN 117-191-012) to the Planning Commission for consolidation into the City’s Wastewater Treatment Plant Expansion Reorganization (AN-106). This is a 10.45-acre piece of property located at 1689 W. Stowell Road along the northeast side of AN-106.

a. Diani Annexation Petition to be referred to the Planning Commission.

J. 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 to allow a stock transfer for Central Coast Wine Warehouse at 2717 Aviation Way. 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.

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 warehouse, Central Coast Wine Warehouse, for Hitching Post Wines at 2717 Aviation Way, E-15. 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.

L. 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 a restaurant for DWS American Bistro at 2646 Santa Maria Way, Suite 106. This application is not affected by the Alcoholic Beverage Policy adopted by the City Council.

a. To be noted and filed.

M. 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 a restaurant for La Hacienda Restaurant at 312 West Main Street. 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.

N. Recommendation of City Staff that the City Council adopt a resolution approving the designation of the JOHN LONG HOUSE at 615 South McClelland Street, current site of the Recreation and Parks Department, as Historic Landmark LM-13 in the City of Santa Maria.

a. Resolution No. 2006-76 to be adopted designating the John Long House as Historic Landmark LM-13.

POLICE DEPARTMENT:

O. Recommendation of City Staff that the City Council adopt a resolution authorizing the appropriation of $25,000 to be allocated to the Santa Maria Police Department under the provisions of the Office of Traffic Safety, California SEAT BELT COMPLIANCE CAMPAIGN Program.

a. Resolution No. 2006-77 to be adopted authorizing the expenditure of funds.

RECREATION AND PARKS DEPARTMENT:

P. Recommendation of City Staff that the City Council adopt a resolution initiating proceedings and declaring the INTENT TO ANNEX territory into the Southwest Landscape Maintenance District and the South Miller Street/South College Drive Landscape Maintenance District for Driscoll Strawberry Associates, Donahue Transportation, and Crabtree Six Units.

a. Resolution No. 2006-78 to be adopted declaring intent to annex properties into two of the City’s Landscape Maintenance Districts.

UTILITIES DEPARTMENT:

Q. Recommendation of City Staff that the City Council adopt a resolution authorizing the extension of SUPPLEMENTAL WATER AGREEMENTS for the sale of State Water Yield with individual Orcutt community property owners on a case-by-case basis for a one year period.

a. Resolution No. 2006-79 to be adopted authorizing the extension of Supplement Water Agreements.

R. Recommendation of City Staff that the City Council adopt a resolution approving the submission of an application to the California Department of Conservation, Division of Recycling for CASH REFUND VALUE (CRV) GRANT funds in the amount of $23,826 for 2006-07 and authorizing the appropriation of funds awarded.

a. Resolution No. 2006-80 to be adopted approving an application for Cash Refund Value (CRV) Grant Funds under the Department of Conservation, Division of Recycling.

S. Recommendation of City Staff that the City Council adopt a resolution approving an Amendment and the addition of a Site Lease and License Agreement with J & A – Santa Maria, LLC for USE OF LANDFILL GAS at the Santa Maria Regional Landfill for electrical power generation at Marian Medical Center.

a. Resolution No. 2006-81 to be adopted approving an Amendment and a Site Lease and License Agreement with J & A – Santa Maria, LLC.

PUBLIC HEARINGS:

3. SUNRISE TERRACE GENERAL PLAN AMENDMENT AND ZONE CHANGE LOCATED AT THE NORTHEAST CORNER OF SUNRISE DRIVE/SANTA MARIA WAY AND THE SOUTHEAST CORNER OF MILLER STREET/SANTA MARIA WAY, GPZ-2005-005, E-2005-030. The City Council will consider a recommendation from the Planning Commission regarding a mitigated negative declaration and amendments to the General Plan (Land Use) and Zoning for properties located at the northeast corner of Sunrise Drive/Santa Maria Way and the southeast corner of Miller Street/Santa Maria Way. An amendment to the General Plan (Land Use) from 10.03 acres of CC (Community Commercial) to 3.22 acres of CC (Community Commercial) and 6.80 acres of HDR-14 (High Density Residential/14 units per acre). A zone change from 10.03 acres of PD/C-2 (Planned Development/General Commercial) to 3.22 acres of PD/C-2 (Planned Development/General Commercial) and 6.80 acres of PD/R-3 (Planned Development/High Density Residential). Assessor's Parcel Nos. 109-010-029, 128-090-023, and 128-090-022.

On May 3, 2006, the Planning Commission adopted Resolution No. 2418 and 2419 on a 5-0 vote recommending that the City Council authorize the filing of the Mitigated Negative Declaration and approve the General Plan amendment and zone change.

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 communications filed, hearing to be closed.

f. Resolution No. 2006-82 to be adopted approving a Mitigated Negative Declaration of Environmental Impact, E-2005-030, for GPZ-2005-005, as amended.

g. Resolution No. 2006-83 to be adopted amending the General Plan (Land Use).

h. Ordinance No. 2006-11, rezoning the site, to be introduced by title only for first reading and continued to the next meeting for second reading and adoption.

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

4. TENTATIVE TRACT MAP FOR PARKLAND COTTAGES (MCCOY SENIOR RESIDENCES), MCCOY LANE SOUTH OF VILLAGE GREEN, TRACT 5908. The City Council will consider a recommendation from the Planning Commission regarding a tentative tract map that would create a senior citizen housing development with 21 lots that are 0.06 acres in size, in the PD/R-3 (Planned Development/High Density Residential) zoning district, Assessor’s Parcel No. 111-640-002 and 003. This is a Class 32 Categorical Exemption from CEQA. No further environmental review is needed.

On May 17, 2006, the Planning Commission adopted Resolution No. 2421 and on a 5-0 vote recommending that the City Council approve the tentative tract map.

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 communications filed, hearing to be closed.

f. Resolution No. 2006-84 to be adopted approving the Tentative Tract Map for Tract 5908, Parkland Cottages.

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--ANTICIPATED LITIGATION. Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (2 matters)

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, JUNE 20, 2006. THE DEADLINE FOR SUBMITTING ITEMS FOR THE JUNE 20TH MEETING IS JUNE 8, 2006.

CITY CALENDAR
BOARD/ COMMISSION	NEXT MEETING	MEETING PLACE	MEETING TIME
Planning Commission	June 7, 2006	City Council Chambers	6:30 p.m.
Block Grants Advisory Committee	June 12, 2006	City Hall Conference Room	5:30 p.m.
Landmark Committee	June 13, 2006	City Hall Conference Room	4:00 p.m.
Recreation and Parks Commission	June 13, 2006	City Council Chambers	6:30 p.m.
Library Board	June 13, 2006	Library Conference Room	7:00 p.m.
Code Compliance Board	June 15, 2006	City Council Chambers	4:00 p.m.
All-America City Committee	June 19, 2006	United Way	5:30 p.m.