CITY OF SANTA MARIA, CALIFORNIA CITY HALL COUNCIL CHAMBERS AGENDA OF THE CITY COUNCIL
Mayor Larry Lavagnino Mayor Pro Tem Bob Orach Councilmember Alice Patino Councilmember Leo Trujillo Councilmember Hilda Zacarías			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 JULY 15, 2008 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, 110 East Cook Street, Room 3, available for public inspection during City Hall business hours, and in the Library the Friday before the meeting. Any writing or documents provided to a majority of the City Council after distribution of the Agenda will also be available for public inspection in the Office of the City Clerk and the Library. If requested, the agenda and supporting documents shall be made available in alternative formats to persons with a disability. The City Clerk’s Office 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. For the hearing impaired, the City has assisted listening equipment available. For TDD (Telecommunications Devices for the Deaf) service, please call (800) 735-2929.  In order for the City to make reasonable accommodation arrangements for the use of this assisted listening equipment, notification is required by at least 4:00 p.m. the Friday before the meeting by calling 925-0951, extension 307.  This equipment can also be used for translation by Spanish-only speaking persons. To allow the City to coordinate and request a Spanish translator from the volunteer corps, call 925-0951, extension 307 by 1:00 p.m. on Monday before the meeting. Para permitir a la Ciudad el poder coordinar y solicitar a un traductor para español del cuerpo de voluntarios, llame al 925-0951, extensión 307 a la 1:00 de la tarde el lunes antes de la junta.

INVOCATION:

PLEDGE OF ALLEGIANCE TO THE FLAG:

CALL TO ORDER: Mayor Lavagnino

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

1. PROCLAMATIONS/COMMENDATIONS/PRESENTATIONS

A. Resolution No. 2008-119 to be adopted recognizing and commending

MALIA SPENCER

Senior Staff Reporter for the Santa Maria Times, for her service to the community as a conscientious journalist who strives to serve the public with thoroughness and honesty and wishing her the best in her new journey and all future endeavors.

A. Proclamation declaring the month of July 2008 as:

“RECREATION AND PARKS MONTH”

in the City of Santa Maria and encouraging the community to enjoy and participate in the benefits of public and private parks and recreation programs, services, and facilities.

B. Recreation and Parks Volunteer of the Month for July 2008:

GREG HAGOPIAN

for his leadership and commitment as the head coach for the Northern Santa Barbara County Special Olympics golf program for the past three seasons.

C. Proclamation recognizing the U.S. Student Ambassador Program "Peace through Understanding" dedicated to enhancing cross-cultural communi-cation within and across communities and nations.

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

ROLL CALL: Councilmembers Orach, Patino, Trujillo, Zacarías, 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 July 1, 2008.

a. Minutes to be approved.

C. Recommendation of City Staff that the City Council adopt resolutions authorizing the payment and reporting of the value of Employer Paid Member Contributions to the California Public Employees’ Retirement System for Public Safety Managers and Non-Represented Management and Confidential Employees and amending Sections 13 and 18 of Resolution No. 2008-16 pertaining to Deferred Compensation and Post Employment Health Plan contributions.

a. Resolution No. 2008-104 to be adopted authorizing the payment and reporting of the Value of Employer Paid Member Contributions for the Public Safety Managers group.

b. Resolution No. 2008-105 to be adopted authorizing the payment and reporting of the Value of Employer Paid Member Contributions for the Non-Represented Management and Confidential Employees group.

c. Resolution No. 2008-106 to be adopted amending Sections 13 and 18 of Resolution No. 2008-16 pertaining to deferred compensation and post employment health plan contributions for Non-Represented Management and Confidential Employees.

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.

COMMUNITY DEVELOPMENT DEPARTMENT:

F. Recommendation of City Staff that the City Council decline to make a finding of public convenience and necessity for a Type 20 Alcoholic Beverage License for Mercado Y Carniceria La Mia, 112 East Grant Street, as the location is in a crime reporting district that has an undue concentration of crime and a census tract where the number of existing off-sale liquor licenses already exceed the number of licenses that are allowed.

a. Decline to make a finding of public convenience and necessity.

PUBLIC WORKS DEPARTMENT:

G. Recommendation of City Staff that the City Council adopt a resolution approving an agreement with Graham Contractors, Inc., for BID NO. 2009/03, Street Maintenance (Chip Seal) in the amount of $815,957.20.

a. Resolution No. 2008-107 to be adopted approving the agreement with Graham Contractors, Inc.

H. Recommendation of City Staff that the City Council adopt a resolution approving receipt of PROPOSITION 1B TRANSIT SECURITY FUNDS from the State of California in the amount of $103,270 for security cameras at the SMAT Maintenance and Operation facility and the yet-to-be-built Intermodal Transit Center.

a. Resolution No. 2008-108 to be adopted approving the receipt of Proposition 1B Transit Security Funds.

I. Recommendation of the Traffic Committee that the City Council adopt a resolution approving the establishment of ANGLE PARKING on East Church Street between Miller Street and School Street.

a. Resolution No. 2008-109 to be adopted approving angle parking on East Church Street.

J. Recommendation of the Traffic Committee that the City Council adopt a resolution approving a PARKING RESTRICTION of vehicles over six feet in height on Centerpointe Parkway and Lakeside Parkway.

a. Resolution No. 2008-110 to be adopted approving the parking restrictions of vehicles over six feet in height on Centerpointe and Lakeside Parkways.

PUBLIC HEARINGS:

3. GENERAL PLAN AMENDMENT AND ZONE CHANGE FOR SHARER BROTHERS PROJECT LOCATED AT THE NORTHEAST CORNER OF SOUTH BLOSSER ROAD AT BOONE STREET, GPZ-2007-004, E-2007-004. The City Council will consider a recommendation from the Planning Commission regarding a Negative Declaration, an amendment to the General Plan (Land Use) from 6.2 acres of HCM (Heavy Commercial Manufacturing) to 1.35 acres of HDR (High Density Residential) and 4.85 acres of CC (Community Commercial), and a zone change from 6.2 acres of CM (Commercial Manufacturing), to 1.35 acres of PD/R-3 (Planned Development/High Density Residential) and 4.85 acres of PD/C-2 (Planned Development/General Commercial), Assessor's Parcel Nos. 123-090-006 and -007.

On June 18, 2008, the Planning Commission adopted Resolution No. 2511 on a 5-0 vote, recommending that the City Council approve a Negative Declaration of Environmental Impact and Resolution No. 2512, also on a 5-0 vote, recommending that the City Council approve the General Plan Amendment and Zone Change for 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. Resolution No. 2008-111 to be adopted authorizing the filing of a Negative Declaration of Environmental Impact (E-2007-004).

g. Resolution No. 2008-112 to be adopted amending the General Plan (Land Use) from 6.2 acres of HCM (Heavy Commercial Manufacturing) to 1.35 acres of HDR (High Density Residential) and 4.85 acres of CC (Community Commercial).

h. Ordinance No. 2008-14 to be introduced by title only for first reading and continued to the next meeting for second reading and adoption rezoning the site from 6.2 acres of CM (Commercial Manufacturing), to 1.35 acres of PD/R-3 (Planned Development/High Density Residential) and 4.85 acres of PD/C-2 (Planned Development/General Commercial).

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

4. ZONING TEXT AMENDMENTS TO CHAPTER 26 OF TITLE 12 OF THE SANTA MARIA MUNICIPAL CODE, Z-2008-005, E-2008-022. The City Council will consider a recommendation from the Planning Commission regarding a Negative Declaration and an ordinance amending Section 12-26.02 of Chapter 26 of Title 12 of the Municipal Code to allow attached accessory structures, such as patio covers, to intrude into required setback areas.

On June 18, 2008, the Planning Commission adopted Resolution No. 2515 on a 5-0 vote, recommending that the City Council approve a Negative Declaration of Environmental Impact and Resolution No. 2516, also on a 5-0 vote, recommending that the City Council adopt an ordinance amending Title 12 of the Municipal Code.

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. 2008-113 to be adopted authorizing the filing of a Negative Declaration of Environmental Impact (E-2008-022).

g. Ordinance No. 2008-15 to be introduced by title only for first reading and continued to the next meeting for second reading and adoption amending Chapter 26 of Title 12 pertaining to intrusions into required setback areas.

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

5. PUBLIC hearing to consider input in connection with annual adjustments to assesSments FOR THE FOUR LANDSCAPE MAINTENANCE DISTRICTS IN THE cITY: south miller street/south college drive, NORTHWEST, NORTHEAST, AND SOUTHWEST LANDSCAPE MAINTENANCE DISTRICTS and all special benefit zones. The City Council will hear protests related to the 2008-09 annual assessments for the City’s Landscape Maintenance Districts.

a. Staff report to be made. (Director of Recreation and Parks)

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. 2008-114 to be adopted ordering the assessments for the South Miller Street/South College Drive Landscape Maintenance Assessment District No. DS-6.

g. Resolution No. 2008-115 to be adopted ordering the assessments for the Northwest Landscape Maintenance Assessment District No. DS-9.

h. Resolution No. 2008-116 to be adopted ordering the assessments for the Northeast Landscape Maintenance Assessment District No. DS-10.

i. Resolution No. 2008-117 to be adopted ordering the assessments for the Southwest Landscape Maintenance Assessment District No. DS-11.

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

6. PUBLIC hearing to consider PROTESTS in connection with THE 2008 annual WEED ABATEMENT PROGRAM ASSESSMEntS. The City Council will hear protests related to charges for abating properties of weed, rubbish, and debris as part of the annual Weed Abatement Program.

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. 2008-118 to be adopted approving the charges and ordering the assessments for the City’s 2008 Annual Weed Abatement Program.

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

REGULAR BUSINESS:

7. APPOINTMENTS TO BOARDS AND COMMITTEES. The City Council will consider making appointments to the Block Grants Advisory Committee and the Library Board of Trustees.

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

b. Appoint four of five members to the Block Grants Advisory Committee for a regular term of three years. Recommendations for nominations to be made by individual Councilmembers. Appointments to be made by the Mayor with ratification by the City Council. Three of the five incumbents did not reapply. Applications were received from:

Bodil Cudd (Incumbent) Previously appointed by Councilmember Trujillo

Robert Dickerson (Incumbent) Previously appointed by Mayor Lavagnino

Wanda McDonald

Laura Mohajer

c. Authorize staff to extend the application deadline for the Block Grants Advisory Committee to July 24, 2008, for the one remaining vacancy.

d. Appoint one member to the Library Board of Trustees for a regular term of three years. Appointment to be made by the Mayor with ratification by the City Council. One application was received from:

William Peterson (incumbent)

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

8. WEST MCCOY LANE TRAFFIC MANAGEMENT ALTERNATIVES. The City Council will consider alternatives for resolving traffic problems on McCoy Lane near the Kohl’s shopping center and provide direction to staff regarding congestion and safety issues.

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

b. Public input.

c. Council discussion.

d. Direction to staff to be given.

REPORT BY CITY MANAGER:

ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234 REPORTS):

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. COUNCIL MEETING VIDEOS ARE ALSO AVAILABLE FOR VIEWING ON THE CITY'S WEB SITE. YOUR ATTENDANCE AT THIS PUBLIC MEETING MAY RESULT IN THE RECORDING AND BROADCAST OF YOUR IMAGE AND/OR VOICE.

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 ON TUESDAY, AUGUST 5, 2008. THE DEADLINE FOR SUBMITTING ITEMS FOR THE AUGUST 5TH MEETING IS JULY 24, 2008.

CITY CALENDAR
BOARD/ COMMISSION	NEXT MEETING	MEETING PLACE	MEETING TIME
Planning Commission	July 16, 2008	City Council Chamber	6:30 p.m.
Block Grants Advisory Committee	Aug 11, 2008	City Hall Conference Room	5:30 p.m.
Landmark Committee	Aug 12, 2008	City Hall Conference Room	4:00 p.m.
Recreation and Parks Commission	Aug 12, 2008	City Council Chambers	6:30 p.m.
Library Board	Aug 12, 2008	Library Conference Room	7:00 p.m.
Code Compliance Board	Aug 14, 2008	City Council Chambers	4:00 p.m.
All-America City Committee	Aug 18, 2008	City Hall Conference Room	5:30 p.m.