CITY OF SANTA MARIA, CALIFORNIA CITY HALL COUNCIL CHAMBERS AGENDA OF THE CITY COUNCIL
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 MARCH 3, 2009 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:

There are none for this meeting.

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 February 17, 2009.

a. Minutes to be approved.

C. Recommendation of City Staff that the City Council accept as complete the public improvements associated with West A Street Business Center, Tract 5879, and release a bond posted for the installation of 53 street and easement trees, including the cost of maintenance for one year.

a. Faithful Performance Bond in the reduced amount of $4,000 to be released.

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.

PUBLIC WORKS DEPARTMENT:

F. Recommendation of City Staff that the City Council adopt a resolution approving the City of Santa Maria’s (SMAT) Local Capital and Operating Assistance application for Federal Transit Administration (FTA) Section 5307 funds in the Santa Maria Urbanized Area for Fiscal Years 2009-10, 2010-11, and 2011-12.

a. Resolution No. 2009-26 to be adopted approving the application for funds.

UTILITIES DEPARTMENT:

G. Recommendation of City Staff that the City Council adopt a resolution approving a contract with SCS Engineers to provide gas collection control system operation, maintenance, and reporting for the Santa Maria Regional Landfill.

a. Resolution No. 2009-27 to be adopted approving the contract.

PUBLIC HEARINGS:

4. GENERAL PLAN AMENDMENT AND ZONE CHANGE (GPZ) FOR SANTA MARIA VILLAGE SENIOR APARTMENTS, 450 AND 460 WEST STOWELL ROAD, GPZ-2008-001, E-2008-001. The City Council will consider a recommendation from the Planning Commission regarding a Mitigated Negative Declaration of Environmental Impact, a mitigation monitoring program, and a General Plan amendment and zone change to allow the re-designation of a 1.85 acre parcel from LDR-5 (Low Density Residential, 5 dwelling units per acre) to HDR-22 (High Density Residential, 22 dwelling units per acre) and a zone change from R-1 (Single-Family Residential) to PD/R-3 (Planned Development/High Density Residential), Assessor’s Parcel No. 117-250-023.

On February 4, 2009, the Planning Commission adopted Resolution No. 2539 recommending the City Council approve the Mitigated Negative Declaration and Resolution No. 2540 recommending the City Council approve a General Plan Amendment and zone change on a 4-0 vote with Commissioner Lopez recusing himself. [Agenda Report Attachments]

a. Staff report to be made. (Acting 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. 2009-28 to be adopted authorizing the filing of a Mitigated Negative Declaration of Environmental Impact, E-2008-001, and adopting the mitigation monitoring program.

g. Resolution No. 2009-29 to be adopted amending the General Plan (Land Use) for 1.85 acres from LDR (Low Density Residential, 5 dwelling units per acre) to HDR-22 (High Density Residential, 22 dwelling units per acre).

h. Ordinance No. 2009-07 rezoning the 1.85 acre site from R-1 (Single Family Residential) to PD/R-3 (Planned Development/High Density Residential) 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

5. FIRST EXTENSION TO INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE TEMPORARY DISPLAY AND SALE OF FLOWERS EXCEPT AT ESTABLISHED BUSINESSES THAT SELL FLOWERS. The City Council will consider an ordinance approving the first extension to the interim, urgency ordinance that was adopted on January 20, 2009, establishing a moratorium on the temporary display and sale of flowers except at established businesses that sell flowers in Santa Maria. The current interim ordinance will expire on March 6, 2009, if not extended.

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. Ordinance No. 2009-08 approving the first extension to the moratorium to be introduced and adopted.

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 LABOR NEGOTIATORS pursuant to Section 54957.6 of the Government Code.

Agency Representative: Assistant City Manager

Employee Organization: Santa Maria Police Officers Association (SMPOA)

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, MARCH 17, 2009. THE DEADLINE FOR SUBMITTING ITEMS FOR THE MARCH 17TH MEETING IS MARCH 5, 2009.

CITY CALENDAR
BOARD/ COMMISSION	NEXT MEETING	MEETING PLACE	MEETING TIME
Planning Commission	Mar 4, 2009	City Council Chambers	6:30 p.m.
Block Grants Advisory Committee	Mar 9, 2009	City Hall Conference Room	5:30 p.m.
Landmark Committee	Mar 10, 2009	City Hall Conference Room	4:00 p.m.
Recreation and Parks Commission	Mar 10, 2009	City Council Chambers	6:30 p.m.
Library Board	Mar 10, 2009	Library Conference Room	7:00 p.m.
Code Compliance Board	Mar 12, 2009	City Council Chambers	4:00 p.m.
All-America City Committee	Mar 23, 2009	City Hall Conference Room	5:30 p.m.