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

MAY 2, 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  May 13 through June 4, 2006, as:

 

GO WESTERN DAYS

 

in the City of Santa Maria and encouraging all residents to enter into the rodeo spirit by wearing western apparel.

 

A.     Proclamation declaring the week of May 7 through 13, 2006, as:

 

ELKS NATIONAL YOUTH WEEK

 

in the City of Santa Maria and encouraging the residents of Santa Maria to join in appreciating and acknowledging the observance.

 

B.    Proclamation declaring the week of May 7 through 13, 2006, as:

 

COMPOST AWARENESS WEEK

 

in the City of Santa Maria and encouraging everyone to celebrate International Compost Awareness Week and this year’s theme: “Compost!...........The Possibilities are Endless.”

 

C.    Proclamation declaring May 4, 2006, as:

 

NATIONAL DAY OF PRAYER OBSERVANCE

 

in the City of Santa Maria and encouraging all Americans of all faiths to participate in the National Day of Prayer according to their own traditions.

 

D.    Proclamation declaring the week of May 14 through 20, 2006, as:

 

NATIONAL POLICE WEEK

 

and Wednesday, May 17, 2006, as:

 

“PEACE OFFICERS’ MEMORIAL DAY”

 

in the City of Santa Maria and encouraging all residents to remember those individuals who gave their lives for our safety and express our appreciation to those who continue to dedicate themselves to making Santa Maria a safer place in which to live.

 

E.     Proclamation declaring the week of May 7 through 13, 2006, as:

 

CALIFORNIA BUILDING SAFETY WEEK

 

in the City of Santa Maria and encouraging all residents to participate in activities to help promote building safety, to create awareness as to the importance of construction and building codes, and to spotlight the role of the dedicated code official in administering those codes.

 

F.     Proclamation declaring the month of May 2006 as:

 

WATER AWARENESS MONTH

 

in the City of Santa Maria, and urging residents and businesses to increase their water awareness and make conservation a continuing way of life.

 

 

  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.

 

 

  1. 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. 

 

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.

 

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 18, 2006.

 

a.                        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 consider a Notice from the California Department of Alcoholic Beverage Control of an application for an ALCOHOLIC BEVERAGE LICENSE in an existing restaurant (Person to Person Transfer) for Mi Guesto Es, located at 508 W. 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.

 

F.     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 (Person to Person Transfer) for Mariscos Las Islitas, located at 1651 N. Broadway.  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.

 

UTILITIES DEPARTMENT:

 

G.    Recommendation of City Staff that the City Council adopt a resolution approving a NOVATION regarding the agreement with A. J. Diani Construction Company, Inc., for baling of agricultural plastic at the Santa Maria Regional Landfill substituting Central Coast Remedial Resources, Inc., as the agreement’s contractor.

 

a.                        Resolution No. 2006-61 to be adopted approving the Novation to the agreement in favor of Central Coast Remedial Resources, Inc. 

 

 

PUBLIC HEARINGS:

 

  1. public hearing to CONSIDER A RECOMMENDATION FROM THE PLANNING COMMISSION FOR A ZONING TEXT AMENDMENT TO TITLE 12, CHAPTERS 2 AND 35, OF THE MUNICIPAL CODE, RELATED TO COMMUNITY EVENT BARBECUES, Z-2005-003, E-2005-082.

 

After several public hearings in February and March, the Planning Commission voted  5-0 on April 19, 2006, recommending that the City Council file a Negative Declaration, with modifications made at the Public Hearing, and adopt an ordinance amending the Municipal Code related to Community Event Barbecues.

 

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. 2006-62 to be adopted approving a Negative Declaration of Environmental Impact, E-2005-082, for Zoning Text Amendment, Z-2005-003.

 

g.      Ordinance No. 2006-09 amending Title 12, Chapters 2 and 35 of the 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 Mariscal, Orach, Patino, Trujillo, and Mayor Lavagnino

 

 

  1. PUBLIC HEARING FOR AN EXTENSION OF A SECOND INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON LOCATIONS OF MEDICAL MARIJUANA DISPENSARIES.  On April 4, 2006, the City Council adopted a second interim, urgency ordinance which created a moratorium on the location of medical marijuana dispensaries in the City pending a study of appropriate locations for such facilities.

 

a.      Staff report to be made.   (City Attorney)

 

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.        On a 4/5’s vote, introduce and adopt Ordinance No. 2006-10, a first extension to a second interim ordinance establishing a moratorium on any and all medical marijuana dispensaries to be effective immediately.

 

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

 

 

REGULAR BUSINESS:

 

  1. FINANCIAL REPORT FOR THIRD QUARTER ENDING MARCH 31, 2006, AND A BUDGET AMENDMENT REPORT – FISCAL YEAR 2005-06.  The City Council will consider the quarterly financial report for the third 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)

 

    1. Council discussion.

 

    1. Resolution No. 2006-63 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.

 

 

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 16, 2006.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE MAY 16TH MEETING IS MAY 4, 2006.

 

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

May 3, 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.