AGENDA OF THE CITY COUNCIL CITY OF SANTA MARIA, CALIFORNIA CITY HALL COUNCIL CHAMBERS 110 E. COOK STREET
Mayor Larry Lavagnino Mayor Pro Tem Hilda Zacarías Councilmember Mike Cordero Councilmember Bob Orach Councilmember Alice Patino			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 JUNE 16, 2009, AT 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 Cordero, Orach, Patino, Zacarías and Mayor Lavagnino

1. PROCLAMATIONS/PRESENTATIONS:

A. Introduction of Larry Appel, the City’s new Community Development Director.

B. Proclamation declaring the month of July 2009 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.

C. Recreation and Parks Volunteer of the Month for June 2009:

SCHEL BROWN

for his exemplary leadership and commitment to the track and field program in the Santa Maria Valley and his assistance with the local and state Hershey’s Track & Field Games.

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 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 Cordero, Orach, Patino, 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 June 2, 2009.

a. Minutes 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.

PUBLIC WORKS DEPARTMENT:

E. Recommendation of City Staff that the City Council conduct the second reading of Ordinance No. 2009-12 revising the Growth Mitigation Program Project List and Fees and adopt the ordinance.

a. Ordinance No. 2009-12 to be adopted.

F. Recommendation of City Staff that the City Council adopt a resolution awarding Bid No. 2009/10, 2009 Street Overlay & Reconstruction Project, and approving an agreement with CalPortland Construction, Inc., in the amount of $343,232.60.

a. Resolution No. 2009-80 to be adopted awarding the bid and approving an agreement with CalPortland Construction, Inc.

G. Recommendation of City Staff that the City Council adopt a resolution awarding Bid No. 2009/12, West Stowell Road Reconstruction Project, and approving an agreement with CalPortland Construction, Inc., in the amount of $360,340.48.

a. Resolution No. 2009-81 to be adopted awarding the bid and approving an agreement with CalPortland Construction, Inc.

H. Recommendation of City Staff that the City Council adopt a resolution authorizing the City Manager and/or his designee to execute the necessary documents on behalf of the City of Santa Maria for application of funds available from the American Recovery and Reinvestment Act of 2009, Energy Efficiency and Conservation Block Grant Program.

a. Resolution No. 2009-82 to be adopted approving the application for the Energy Efficiency and Conservation Block Grant funds.

I. Recommendation of the Traffic Committee that the City Council introduce an ordinance setting speed limits on Centerpoint Parkway, College Drive, Southside Parkway, Taylor Street and Thornburg Street based on the City’s Annual Speed Survey.

a. Ordinance No. 2009-13 setting various speed limits to be introduced by title only for first reading and continued to the next meeting for second reading and adoption.

J. Recommendation of the Traffic Committee that the City Council adopt a resolution approving the temporary restriction of vehicles over six feet in height on East Boone Street and South McClelland Street.

a. Resolution No. 2009-83 to be adopted approving the temporary restriction of vehicles over six feet in height.

K. Recommendation of the Traffic Committee that the City Council adopt a resolution approving the establishment of a 15-foot no stopping zone on East Boone Street between Elizabeth Street and East Avenue.

a. Resolution No. 2009-84 to be adopted approving a no stopping zone on East Boone Street.

L. Recommendation of the Traffic Committee that the City Council adopt a resolution approving the establishment of no stopping zones on Stratford Avenue and Cypress Street at the intersection.

a. Resolution No. 2009-85 to be adopted approving no stopping zones on Stratford Avenue and Cypress Street.

M. Recommendation of the Traffic Committee that the City Council adopt a resolution approving the establishment of no stopping zones on both sides of East Barcellus Avenue at Miller Street.

a. Resolution No. 2009-86 to be adopted approving no stopping zones on East Barcellus Avenue.

N. Recommendation of the Traffic Committee that the City Council adopt a resolution approving the establishment of a limited time parking zone from 12:00 a.m. to 6:00 a.m. seven days a week on Preisker Lane.

a. Resolution No. 2009-87 to be adopted approving no overnight parking on Preisker Lane.

UTILITIES DEPARTMENT:

O. Recommendation of City Staff that the City Council adopt a resolution approving a Professional Services Agreement for a period of two years with Van Scoyoc Associates to provide comprehensive federal lobbying services.

a. Resolution No. 2009-88 to be adopted approving a Professional Services Agreement with Van Scoyoc Associates.

PUBLIC HEARINGS:

4. ZONE CHANGE REQUEST FOR THE NEWLOVE VILLAS PROJECT, 202-222 EAST NEWLOVE DRIVE, GPZ-2007-003, TRACT 5741, PD-2007-020, E-2007-058, E-2007-007, ASSESSOR’S PARCEL NUMBER 128-075-007 (0.66 ACRES). The City Council will consider a recommendation from the Planning Commission regarding a Negative Declaration of Environmental Impact and a zone change of a 0.66 acre site from R-2 (Medium Density Residential) to PD/R-2 (Planned Development/Medium Density Residential) to allow the construction of eight single-family residences on small lots.

At its regular meeting on May 15, 2009, the Planning Commission adopted Resolution Nos. 2543 and 2544 on a 3-0-2 vote recommending that the City Council authorize the filing of the Negative Declaration of Environmental Impact and approve the proposed zone change.

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, hearing to be closed.

f. Resolution No. 2009-89 to be adopted authorizing the filing of a Negative Declaration of Environmental Impact for E-2007-070.

g. Ordinance No. 2009-14 rezoning 0.66 acres from R-2 to PD/R-2 for Newlove Villas to be introduced by title only for first reading and continued to the next meeting for second reading and adoption.

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

REGULAR BUSINESS:

5. TOW SERVICE AGREEMENT. The City Council will consider approval of a new Tow Service Agreement between local Santa Maria tow companies and the Santa Maria Police Department and discontinue the construction of a City-owned vehicle impound facility on West Stowell Road.

a. Staff Report to be made. (Police Commander)

b. Council discussion.

c. Resolution No. 2009-90 approving the Tow Service Agreement to be adopted.

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

6. Consideration of the Mid-Cycle Budget Report and proposed amendments to the 2009-10 Adopted CITY Budget (second year of the approved two-year budget).

a. Staff Report to be made. (City Manager)

b. Council discussion.

c. Resolution No. 2009-91 to be adopted approving the amendments.

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

REPORT BY CITY MANAGER:

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

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

CONFERENCE WITH LEGAL COUNSEL - regarding EXISTING LITIGATION pursuant to Subsection (a) of Government Code Section 54956.9 to discuss Cory James Benton v. City of Santa Maria, et al., North Santa Barbara Superior Court, Cook Division, Case No. 126942

CONFERENCE WITH LEGAL COUNSEL - regarding EXISTING LITIGATION pursuant to Subsection (a) of Government Code Section 54956.9 to discuss ORCUTT CITIZENS FOR BETTER ENVIRONMENT v. CITY OF SANTA MARIA, Case No. 1314150.

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, JULY 7, 2009. THE DEADLINE FOR SUBMITTING ITEMS FOR THE JULY 7TH MEETING IS JUNE 25, 2009.

CITY CALENDAR
BOARD/ COMMISSION	NEXT MEETING	MEETING PLACE	MEETING TIME
Planning Commission	June 17, 2009	City Council Chambers	6:30 p.m.
Block Grants Advisory Committee	July 13, 2009	City Hall Conference Room	5:30 p.m.
Landmark Committee	July 14, 2009	City Hall Conference Room	4:00 p.m.
Recreation and Parks Commission	July 14, 2009	City Council Chambers	6:30 p.m.
Library Board	July 14, 2009	Library Conference Room	7:00 p.m.
Code Compliance Board	July 16, 2009	City Council Chambers	4:00 p.m.
All-America City Committee	July 20, 2009	City Hall Conference Room	5:30 p.m.