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 SEPTEMBER 5, 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. Presentation of the first “GOING THE EXTRA MILE (GEM)” Award to:

BOB MARSHALL

Building Division Manager

for his ability to maintain high standards of inspections and plan review during periods of acute critical staff shortages in the Community Development Department and contributing to the betterment of the community by helping to bring business to the City.

B. A proclamation declaring the week of September 17 – 24^th as:

“SANTA MARIA VALLEY HISTORICAL WEEK”

in the City of Santa Maria and encouraging all residents of Santa Maria to join in appreciating and acknowledging Santa Maria’s rich history.

C. A proclamation declaring Monday, September 18, 2006 as:

“SUICIDE PREVENTION DAY”

in the City of Santa Maria and encouraging the residents of Santa Maria to recognize that suicides are a public health problem and suicide prevention is a community responsibility.

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. 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

PUBLIC HEARINGS:

4. TENTATIVE TRACT MAP FOR CALE SUBDIVISION LOCATED AT 302-308 WEST STREET, TRACT 5915. The City Council will consider a recommendation from the Planning Commission regarding a tentative map that would create eight residential lots ranging in size from 1,774.1 square feet to 1,997.9 square feet and one common lot at 302-308 West Street, in a PD/R-2 (Planned Development/Medium Density Residential) zoning district, Assessor’s Parcel No. 117-340-069. This item was continued from the July 18^th City Council meeting to August 1, 2006, and then continued again to this meeting.

The Planning Commission held a public hearing on June 21, 2006, and adopted Resolution No. 2423 recommending that the City Council approve the tentative map. The resolution was approved on a 3-2 vote with Commissioners Hunter and Waterfield dissenting.

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. Continue the item to the October 17, 2006, meeting at the request of the applicant.

5. GENERAL PLAN AMENDMENT, PREZONING, SPHERE OF INFLUENCE BOUNDARY AMENDMENT, AND ANNEXATION FOR THE  2006 WASTEWATER TREATMENT PLANT EXPANSION, FOOTE PROPERTY, AND DIANI HOMESITE PROJECTS LOCATED ON THE EAST SIDE OF BLACK ROAD FROM THE 700 BLOCK TO THE SMVRR (1500 BLOCK) AND ON THE NORTH AND SOUTH SIDE OF WEST STOWELL ROAD FROM 1689 WEST STOWELL ROAD TO BLACK ROAD, ASSESSOR'S PARCEL NOS. 117-191-010, -012, -013, 117-820-001, -002, -003, -024, AND -025; FILE NOS. GPZ-2005-001, GPZ-2006-004, EIR, E-2005-012, E-2006-061, AND ANNEXATION #106 (270 ACRES). City Council review of a Notice of Exemption, E-2006-061, certification of the Final Environmental Impact Report (FEIR) E-2005-012, an amendment to the General Plan (Land Use) to 10.45 acres of LWDR-4 (Lower Density Residential) and 240.68 acres of CF (Community Facilities), prezoning to 10.45 acres of RA (Residential Agriculture) with a minimum site of 5 acres per dwelling unit, 240.68 acres of PF (Public Facilities), 7.00 acres of PD/M-2 (Planned Development/General Manufacturing), and 2.13 acres of PD/CM/AG (Planned Development/Heavy Commercial  Manufacturing/Agricultural Overlay), and the initiation of an application to amend the City sphere of influence boundary and annexation of the project site.

On August 16, 2006, the Planning Commission adopted Resolution Nos. 2429, 2430, 2431, and 2432 on a 5-0 vote recommending the City Council approve the project.

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. Adopt Resolution No. 2006-148 authorizing the filing of a Notice of Exemption, E-2006-061, for the Diani Homesite Project, GPZ-2006-004; and

g. Adopt Resolution No. 2006-149 certifying the Final Environmental Impact Report (FEIR), E-2005-012, making CEQA findings, adopting a statement of overriding considerations, and approving a mitigation monitoring program for the 2006 Wastewater Treatment Plant Expansion Project, GPZ-2005-001; and

h. Adopt Resolution No. 2006-150 amending the General Plan (Land Use) on 10.45 acres TO LWDR-4 (Lower Density Residential, minimum 5 acres per dwelling) and on 240.68 acres to CF (Community Facilities); and

i. Introduce Ordinance No. 2006-12 by title only for first reading and continue to the next meeting for second reading and adoption, prezoning 10.45 acres to RA-5 (Residential Agriculture-minimum 5 acres per dwelling unit), 7.00 acres to PD/M-2 (Planned Development/General Manufacturing), 2.13 acres to PD/CM/AG (Planned Development/Commercial Manufacturing/Agricultural Overlay), 240.68 acres to PF (Public Facilities); and

j. Adopt Resolution No. 2006-151 to initiate an amendment to the City’s sphere of influence boundary to include 251.13 acres and annex approximately 270 acres into the City of Santa Maria.

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

REGULAR BUSINESS:

6. APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES. The City Council will consider making one appointment to the Block Grants Advisory Committee, one appointment to the Recreation and Parks Commission, and readvertise the remaining vacancy representing the ethnic diversity segment of the community on the All-America City Committee.

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

b. Appoint one member to the Block Grants Advisory Committee. A recommendation for nomination will be made by Councilmember Orach. The appointment will be made by the Mayor with ratification by the City Council. One application was received from:

John McCoy (Incumbent)

c. Appoint one member to the Recreation and Parks Commission to fill the vacancy created by the recent resignation of Rod Rodenberger. A recommendation for nomination will be made by Mayor Lavagnino with the appointment to be ratified by the City Council. Applications were received from:

Bruno Brunello

Bob Ziener

d. Direct staff to readvertise the one remaining vacancy on the All-America City Committee and request applications from individuals who represent the ethnic diversity segment of the community.

REPORT BY CITY MANAGER:

ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS:

CLOSED SESSION: The City Council will recess to a Closed Session:

CONFERENCE WITH LABOR NEGOTIATORS pursuant to Section 54957.6 of the Government Code.

Agency representative: Assistant City Manager

Employee organization: Service Employees International Union (SEIU)

ADJOURNMENT:

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, SEPTEMBER 19, 2006. THE DEADLINE FOR SUBMITTING ITEMS FOR THE SEPTEMBER 19TH MEETING IS SEPTEMBER 7, 2006.

CITY CALENDAR
BOARD/ COMMISSION	NEXT MEETING	MEETING PLACE	MEETING TIME
Planning Commission	Sept. 6, 2006	City Council Chambers	6:30 p.m.
Block Grants Advisory Committee	Sept. 11, 2006	City Hall Conference Room	5:30 p.m.
Landmark Committee	Sept. 12, 2006	City Hall Conference Room	4:00 p.m.
Recreation and Parks Commission	Sept. 12, 2006	City Council Chambers	6:30 p.m.
Library Board	Sept. 12, 2006	Library Conference Room	7:00 p.m.
Code Compliance Board	Sept. 14, 2006	City Council Chambers	4:00 p.m.
All-America City Committee	Sept. 18, 2006	United Way	5:30 p.m.

3. CONSENT CALENDAR

The following routine items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting.

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 August 15, 2006.

a. To be approved.

C. Recommendation of City Staff that the City Council receive and file the 2006 Conflict of Interest Code Biennial Notice.

a. Notice to be received and filed.

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 receive and file the GROWTH MITIGATION ANNUAL COMPLIANCE REPORT.

a. Report to be received and filed.

G. Recommendation of City Staff that the City Council deny approval of an ENTERTAINMENT LICENSE for Mariscos La Isla at 101 N. Depot Street pursuant to Section 4-7.203(b) of the Santa Maria Municipal Code.

a. Entertainment License to be denied.

H. Recommendation of City Staff that the City Council adopt a resolution authorizing the City Manager to enter into a three-year agreement, with an automatic renewal clause, with the County of Santa Barbara designating the City of Santa Maria as a Sub-recipient of HOME funds for fiscal years 2007, 2008, and 2009.

a. Resolution No. 2006-145 to be adopted authorizing the City Manager to execute an agreement with the County of Santa Barbara.

PUBLIC WORKS DEPARTMENT:

I. Recommendation of City Staff that the City Council adopt a resolution approving the SUBDIVISION MAP and AGREEMENT for West “A” Street Business Center, Tract 5879.

a. Resolution No. 2006-146 to be adopted approving the subdivision map and agreement for Tract 5879.

RECREATION AND PARKS DEPARTMENT:

J. Recommendation of City Staff that the City Council adopt a resolution expressing INTENT TO ANNEX eight (8) parcels into the Southwest, South Miller Street/South College Drive, Northeast and Northwest Landscape and Lighting Assessment Districts.

a. Resolution No. 2006-147 to be adopted stating intent to annex Santa Maria Commons, Village at Westgate Ranch, Foxenwood Townhomes, and Knutson Industrial Office into the Southwest Landscape District; McClelland Office/Residential Condominium into the South Miller Street/South College Drive Landscape District; Kamal Petroleum and SLS Medical Building into the Northeast Landscape District; and Scott Allen Mixed Use into the Northwest Landscape District.

CITY ATTORNEY DEPARTMENT:

K. Recommendation of City Staff that the City Council adopt a resolution approving an agreement with Pacific Gas and Electric Company (PG & E) concerning relocation of electrical utilities along East Main Street from Suey Road to just east of Panther Drive.

a. Resolution No. 2006-152 to be adopted approving the agreement with PG & E.