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 16, 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 21 through 27, 2006, as:

“NATIONAL PUBLIC WORKS WEEK”

in the City of Santa Maria and urging citizens and civic organizations to acquaint themselves with the issues involved in providing public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life.

B. Recreation and Parks Volunteers of the Month for May 2006:

CAPTAIN JUSTINE ADAMS and

CAPTAIN JOHNNY GALBERT

for their dedication of time and effort as Co-Chairs of this year’s Vandenberg Air Force Base Area Special Olympics Games Committee and for their continued support of Special Olympics.

C. Proclamation declaring the Month of June 2006 as:

“TeAM BiCYCLE Challenge MONTH”

in the City of Santa Maria and encouraging individuals to form bicycle challenge teams to compete to replace automobile trips with bicycle trips.

D. Presentation by Col. Jack B. Jones, 75^th Commander in Chief of the Military Order of the World Wars, to:

MICHAEL B. CLAYTON

and proclaiming Tuesday, May 16, 2006, as “Michael B. Clayton Day” in the City of Santa Maria and commending him for his unselfish acts of Patriotism for hosting an annual Veterans’ Day barbecue for all members of the Armed Forces, both active and retired, and their families, since 2001.

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. (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 2, 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.

E. Recommendation of City Staff that the City Council adopt a resolution approving the FINAL ALLOCATIONS and activities for use of federal funds under the Community Development Block Grant (CDBG) Program and the HOME Investment Partnerships Program for Fiscal Year 2006-07 and authorizing the City Manager to execute the necessary documents on behalf of the City of Santa Maria for application of funds.

a. Resolution No. 2006-64 to be adopted approving the final allocations and activities for use of CDBG funds and HOME Investment Partnership Program funds.

F. Recommendation of City Staff that the City Council deny an ENTERTAINMENT LICENSE for Las Brasas Mexican Food at 315 W. Main Street to allow live music and disc jockey services on Friday and Saturday nights from 9:30 p.m. to 1:30 a.m.

a. Resolution No. 2006-65 to be adopted denying the Entertainment License for Las Brasas Mexican Food.

COMMUNITY DEVELOPMENT DEPARTMENT:

G. 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 business (Person to Person Transfer) for L & K Liquors at 510 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.

H. 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 for Nipomo Wine Group, located at 2717 Aviation Way, E-28. 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.

I. Recommendation of City Staff that the City Council conduct the second reading by title only of Ordinance No. 2006-09, amending Chapters 2 and 35 of Title 12 of the Santa Maria Municipal Code related to community event barbecues, and adopt the ordinance.

a. Ordinance No. 2006-09 to be adopted.

PUBLIC WORKS/ENGINEERING DEPARTMENT:

J. Recommendation of City Staff that the City Council approve a NOTICE OF CONTRACT COMPLETION for Landfill Scale House, Bid No. 2005/09.

a. Notice of Completion to be approved and recorded.

K. Recommendation of City Staff that the City Council adopt a resolution awarding the bid and approving an agreement with R. Baker, Inc., for Bid No. 2006/02, Williams Street Storm Drain and Street Improvement Project – McClelland Street to School Street.

a. Resolution No. 2006-66 to be adopted awarding the bid to R. Baker, Inc., for Bid No. 2006/02 in the amount of $761,202.85.

L. Recommendation of City Staff that the City Council adopt a resolution AWARDING THE BID and approving an agreement with Elevation General Engineering Contractors, Inc. for Bid No. 2006/10, South Miller Street and East Cook Street Improvements Project.

a. Resolution No. 2006-67 to be adopted awarding the bid to Elevation General Engineering Contractors, Inc. for Bid No. 2006/10 in the amount of $1,129,596.40.

M. Recommendation of the Traffic Committee that the City Council adopt a resolution establishing five NO STOPPING ZONES along Santa Barbara Drive near San Miguel Street and Capistrano Lane.

a. Resolution No. 2006-68 to be adopted approving no stopping zones on Santa Barbara Drive.

RECREATION AND PARKS DEPARTMENT:

N. Recommendation of City Staff that the City Council adopt a resolution APPROVING ENGINEER’S REPORTS for the City’s four Landscape Maintenance Districts and Special Benefit Zones and a resolution stating the Council’s intent to levy and collect assessments and setting a date for a public hearing to be held on July 18, 2006.

a. Resolution No. 2006-69 to be adopted approving the Engineer’s Reports for the Northwest Landscape Maintenance District, Northeast Landscape Maintenance District, Southwest Landscape Maintenance District, and the South Miller Street/South College Drive Landscape Maintenance District.

b. Resolution No. 2006-70 to be adopted declaring the Council’s intent to levy and collect assessments for the four Landscape Maintenance Districts and setting the date for the public hearing.

O. Recommendation of City Staff that the City Council adopt a resolution approving an agreement between the City and Rotary Centennial Park Foundation to establish the rights and duties with respect to Rotary Centennial Park.

a. Resolution No. 2006-71 to be adopted approving the agreement with Rotary Centennial Park Foundation.

UTILITIES DEPARTMENT:

P. Recommendation of City Staff that the City Council adopt a resolution approving the REVISED AGREEMENT for Mining and Marketing of Santa Maria River Soil and Performing Concrete and Asphalt Recycling Operation with Union Asphalt, Inc.

a. Resolution No. 2006-72 to be adopted approving the revised agreement with Union Asphalt, Inc.

REGULAR BUSINESS:

4. PRESENTATION BY REPRESENTATIVES FROM SBCAG REGARDING MEASURE D RENEWAL EXPENDITURE PLAN. The City Council will hear a presentation by representatives from the Santa Barbara County Association of Governments (SBCAG) and its consulting team on a proposed ballot measure for the November 2006 ballot to reauthorize Measure D, the local transportation sales tax program.

a. Presentation to be made by Jim Kemp, Executive Direction of SBCAG.

b. Council discussion.

c. Resolution No. 2006-73 to be adopted approving the Transportation Expenditure Plan for the renewal of Measure D as approved by the SBCAG Board of Directors on April 20, 2006.

5. ASSESSMENT DISTRICT NO. 96-1, WILLIAMS FEEDLOT. The City Council will consider adoption of the Engineer’s Report and a Resolution of Intention to levy and collect the final year, 2006-07, landscape assessments for Assessment District No. 96-1, the Williams Feedlot Assessment District.

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

b. Council discussion.

c. Resolution No. 2006-74 to be adopted approving the Engineer’s Report for Annual Assessment Proceedings under the Landscaping and Lighting Act of 1972 for Assessment District 96-1, Williams Feedlot.

d. Resolution No. 2006-75 to be adopted declaring the Council’s intent to levy and collect assessments for Assessment District No. 96-1, and setting a public hearing to be held on July 18, 2006.

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.

PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE pursuant to Subsection (b) of Government Code Section 54957.

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 6, 2006. THE DEADLINE FOR SUBMITTING ITEMS FOR THE JUNE 6TH MEETING IS MAY 25, 2006.

CITY CALENDAR
BOARD/ COMMISSION	NEXT MEETING	MEETING PLACE	MEETING TIME
Planning Commission	May 17, 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.