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 MARCH 21, 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:

A. Proclamation declaring the month of March 2006, as:

“AMERICAN RED CROSS MONTH”

in the City of Santa Maria, and urging all residents to support our local American Red Cross Chapter by making financial donations, volunteering, and by making our families safer by becoming trained in emergency preparedness and response.

B. Recreation and Parks Volunteer of the Month for March 2006:

JOHN “ROD” RODRIGUEZ

for his efforts in bridging the generation gap between senior citizens and local high school students by spearheading the annual “Senior Prom” event and the Halloween Costume Ball at the Elwin Mussell Center.

C. Proclamation declaring the week of April 2 – 8, 2006 as:

“BOYS & GIRLS CLUB WEEK”

in the City of Santa Maria, and calling on all citizens to join in recognizing and commending the Boys & Girls Club organizations for providing comprehensive, effective services to the young people in our community.

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.

B. Recommendation of City Staff that the City Council approve the MINUTES of the Regular City Council Meeting of March 7, 2006.

a. To be approved.

C. Recommendation of City Staff that the City Council adopt a resolution supporting a State Constitutional Amendment to prevent future State budget diversion of Proposition 42 revenues.

a. Resolution No. 2006-33 to be adopted supporting a Constitutional Amendment.

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.

F. Recommendation of City Staff that the City Council adopt a resolution approving the City’s 2006 Investment Policy.

a. Resolution No. 2006-34 to be adopted approving the City’s Investment Policy for 2006.

COMMUNITY DEVELOPMENT DEPARTMENT:

G. Recommendation of City Staff that the City Council conduct the second reading by title only of Ordinance No. 2006-03 related to Mixed-Use Development Standards and adopt the ordinance.

a. Ordinance No. 2006-03 to be adopted.

H. Recommendation of City Staff that the City Council conduct the second reading by title only of Ordinance No. 2006-04 related to building site requirements in Industrial Zones and adopt the ordinance.

a. Ordinance No. 2006-04 to be adopted.

I. Recommendation of City Staff that the City Council conduct the second reading by title only of Ordinance No. 2006-05 related to Residential Mobile Home Park Zone Standards of the Blosser Southwest Specific Plan and adopt the ordinance.

a. Ordinance No. 2006-05 to be adopted.

J. Recommendation of City Staff that the City Council note and file an application for an Alcoholic Beverage License (Type 17, Beer and Wine Wholesaler and Type 20, Off-Sale Beer and Wine) in an existing warehouse for Garrett’s Emporium, 1320 W. McCoy Lane. This application is not affected by Section 23958 of the Business and Professional 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 note and file an application for an Alcoholic Beverage License (Type 47, On-Sale General at Restaurant) for Cool Hand Lukes at 1321 S. Nicholson Avenue. This application is not affected by Section 23958 of the Business and Professional 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 note and file an application for an Alcoholic Beverage License (Type 02, Winegrower) in an existing warehouse at 2717 Aviation Way, E-16, an existing office at 123 E. Depot Street, and a new Tasting Room and retail sales at 1331 S. Nicholson Avenue for Costa De Oro Winery. This application is not affected by Section 23958 of the Business and Professional Code or the Alcoholic Beverage Policy adopted by the City Council.

a. To be noted and filed.

M. Recommendation of City Staff that the City Council note and file an application for an Alcoholic Beverage License (Type 02, Winegrower) in an existing warehouse for Alapay Cellars, Inc. at 2717 Aviation Way, E-8. This application is not affected by Section 23958 of the Business and Professional 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 note and file an application for an Alcoholic Beverage License (Type 02, Winegrower) in an existing multi-tenant industrial building for Wild Heart Winery at 2643 Industrial Parkway, Suite E. This application is not affected by Section 23958 of the Business and Professional Code or the Alcoholic Beverage Policy adopted by the City Council.

a. To be noted and filed.

PUBLIC WORKS DEPARTMENT:

O. Recommendation of City Staff that the City Council award the bid and adopt a resolution approving an agreement with Rockwood General Contractors, Inc., for Bid No. 2006-09, Atkinson Park Classrooms – Site Work.

a. Resolution No. 2006-35 to be adopted approving an agreement with Rockwood General Contractors, Inc., for Atkinson Park Classrooms – Site Work in the amount of $288,672.

P. Recommendation of City Staff that the City Council adopt a resolution declaring that noxious and dangerous weeds were growing upon or in front of property; and rubbish, refuse and dirt were upon or in front of property, and that they constitute a public nuisance which must be abated; and commencing proceedings for the annual Weed Abatement Program, and setting a public hearing for April 18, 2006.

a. Resolution No. 2006-36 to be adopted commencing the 2006 Weed Abatement Program and setting a public hearing date for April 18, 2006.

RECREATION AND PARKS DEPARTMENT:

Q. Recommendation of City Staff that the City Council adopt a resolution expressing its intent to annex certain parcels into the City’s Landscape and Lighting Districts.

a. Resolution No. 2006-37 to be adopted stating the Council’s intent to annex Veteran’s Clinic, Briana Court, and La Ventana into the Northeast Landscape Maintenance District; Ramirez Apartments into the Northwest Landscape Maintenance District; West A Street Business Center, Acquistapace Homes, and Cale Residential Project into the Southwest Landscape Maintenance District.

R. Recommendation of City Staff that the City Council adopt a resolution accepting a 2006 Kabota tractor and trailer from the People for Leisure and Youth, Inc. (P.L.A.Y.) for use in the Recreation and Parks Department.

a. Resolution No. 2006-38 to be adopted accepting a gift from P.L.A.Y.

S. Recommendation of City Staff that the City Council approve a Memorandum of Understanding (MOU) with the Santa Maria Public Airport District for the purpose of sharing the cost to conduct a golf course feasibility study.

a. Resolution No. 2006-43 approving a Memorandum of Understanding to be adopted.

PRESENTATIONS:

4. PROPOSED STREET NAME CHANGE FROM FREMONT STREET TO PANTHER DRIVE. The Pioneer Valley Student Body is requesting that the City Council consider a street name change from Fremont Street to Panther Drive after the Pioneer Valley High School mascot. The Traffic Committee reviewed the request on February 15, 2006, and recommended the City Council approve the name change.

a. Staff Report to be made. (Director of Public Works/City Engineer)

b. Presentation by Pioneer Valley Student Body representatives.

c. Resolution No. 2006-39 to be adopted approving the street name change from Fremont Street to Panther Drive.

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

PUBLIC HEARINGS:

5. PUBLIC HEARING REGARDING THE FOUR-YEAR LOCAL PROGRAM OF PROJECTS FUNDED WITH MEASURE “D” REVENUES.

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. 2006-40 to be adopted approving the Measure D Four-Year Local Program of Projects.

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

REGULAR BUSINESS:

6. AWARD OF BID FOR PUBLIC LIBRARY. The City Council will consider the award of bid for the new Santa Maria Public Library and approve an agreement with Straub Construction, Inc., in the amount of $18,590,000.

a. Staff Report to be made. (Director of Public Works/City Engineer)

b. Council discussion.

c. Resolution No. 2006-41 to be adopted awarding the bid and approving an agreement with Straub Construction, Inc., for the Public Library, Bid No. 2006/06.

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

7. APPOINTMENT TO ALL-AMERICA CITY COMMITTEE. The City Council will make one appointment to the All-America City Committee to fill a vacancy created when Harry Watson did not reapply for another term. This appointment will represent the City’s non-profit segment of the community and will be for a two-year term. Three applications were received from Heidi Jansson, Tom Lopez, and Tahir Masood. The nomination will be made by Councilmember Orach.

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

b. Nomination to be made by Councilmember Orach.

c. Appointment to be confirmed by City Council.

8. CONSIDERATION OF A PROPOSED RESOLUTION ESTABLISHING A CITY-WIDE ETHICS POLICY FOR CITY EMPLOYEES, ELECTED OFFICIALS AND APPOINTED OFFICIALS OF THE CITY OF SANTA MARIA.

a. Staff report to be made. (Assistant City Manager)

b. Council discussion.

c. Resolution No. 2006-42 to be adopted approving a City-wide Ethics Policy.

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 PIERCE v. SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS (SBCAG).

CONFERENCE WITH LEGAL COUNSEL regarding ANTICIPATED LITIGATION pursuant to Subsection (b)(3)(C) of Government Code Section 54656.9 (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, APRIL 4, 2006. THE DEADLINE FOR SUBMITTING ITEMS FOR THE APRIL 4TH MEETING IS MARCH 23, 2006.

CITY CALENDAR
BOARD/ COMMISSION	NEXT MEETING	MEETING PLACE	MEETING TIME
Planning Commission	April 5, 2006	City Council Chambers	6:30 p.m.
Block Grants Advisory Committee	April 10 2006	City Hall Conference Room	5:30 p.m.
Landmark Committee	April 11, 2006	City Hall Conference Room	4:00 p.m.
Recreation and Parks Commission	April 11, 2006	City Council Chambers	6:30 p.m.
Library Board	April 11, 2006	Library Conference Room	7:00 p.m.
Code Compliance Board	April 13 2006	City Council Chambers	4:00 p.m.
All-America City Committee	April 17, 2006	United Way	5:30 p.m.