Receipt of Documents after Distribution of Council Agenda:

Pursuant to SB 343, a document was received on February 15, 2010, after the distribution of the City Council Agenda packet. The document received is associated with Item No. 5 below and can be reviewed by selecting the associated Agenda Item link to the Agenda Report.

	AGENDA OF THE CITY COUNCIL CITY OF SANTA MARIA, CALIFORNIA CITY HALL COUNCIL CHAMBERS 110 E. COOK STREET
Mayor Larry Lavagnino Mayor Pro Tem Mike Cordero Councilmember Bob Orach Councilmember Alice Patino 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 FEBRUARY 16, 2010, 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. Recreation and Parks Volunteer of the Month for February 2010:

EVELYN EDWARDS

for her dedication of time and effort as a volunteer mentor to youth participating in the Recreation and Parks Career Camp.

B. Proclamation declaring the week of February 20 through 27, 2010 as:

“NATIONAL FFA WEEK”

(Future Farmers of America) in the City of Santa Maria, and urging the residents of Santa Maria to recognize the importance of agriculture in our community and support the efforts of our local FFA Chapters.

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 2, 2010.

a. Minutes to be approved.

C. Recommendation of City Staff that the City Council adopt a resolution approving revisions to the City’s Conflict of Interest Code to change certain classification reporting categories.

a. Resolution No. 2010-20 to be adopted approving revisions to the Conflict of Interest Code.

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 conduct the second reading of Ordinance No. 2010-01 by title only and adopt the Ordinance rezoning a 6.04 acre site from CM (Commercial Manufacturing) to 4.40 acres of PD/C-2 (Planned Development/General Commercial) and 1.64 acres of PD/CM (Planned Development/Commercial Manufacturing) for the Rice Depot Mercado Project located west of South Depot Street, north of Morrison Avenue and east of the Santa Maria Valley Railroad.

a. Ordinance No. 2010-01 to be adopted.

PUBLIC WORKS DEPARTMENT:

G. Recommendation of City Staff that the City Council adopt a resolution awarding the bid and approving a contract with Souza Engineering Contracting, Inc., for Federal Stimulus Concrete Project #2, Bid No. 2010/08, in the amount of $241,244.

a. Resolution No. 2010-21 to be adopted awarding the bid and approving a contract with Souza Engineering Contracting, Inc.

H. Recommendation of City Staff that the City Council adopt a resolution approving a County of Santa Barbara Resolution of Intention consenting to participation in a contractual assessment program and approving the financing of installation of distributed generation renewable energy sources, energy efficiency, and water efficiency improvements within the City limits.

a. Resolution No. 2010-22 to be adopted approving a County of Santa Barbara Resolution of Intention.

I. Recommendation of City Staff that the City Council approve the Notice of Contract Completion for Stowell Road Reconstruction, Bid No. 2009/12.

a. Notice of Contract Completion to be approved and the Chief Deputy City Clerk authorized to record the Notice.

APPOINTMENTS:

4. APPOINTMENTS TO THE ALL-AMERICA CITY COMMITTEE AND LANDMARK COMMITTEE. The City Council is asked to make one appointment to the All-America City Committee and one appointment to the Landmark Committee. The City Council made numerous appointments to the various Boards and Committees at the January 19, 2010, meeting; however, Councilmember Cordero requested additional time for his nomination to the All-America City Committee, and there were insufficient applications to fill both vacancies on the Landmark Committee.

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

b. Appoint one member to the All-America City Committee for a regular term of two years. The nomination to be made by Councilmember Cordero for the business segment of the community. Appointments to be made by the Mayor with ratification by the City Council. The following applications were received:

Esther Acosta (Business or Ethnic)

Timothy Larson (Business)

A. J. Williams (Business)

c. Appoint one member to the Landmark Committee for a regular term of three years. Appointment to be made by the Mayor with ratification by the City Council. One application was received:

Timothy Larson

PUBLIC HEARINGS:

5. SANTA MARIA FREEWAY CENTER GENERAL PLAN AMENDMENT AND ZONE CHANGE, 1000 EAST BETTERAVIA ROAD, GPZ-2009-002, E-2009-029. The City Council will consider a recommendation from the Planning Commission regarding an addendum to a Mitigated Negative Declaration of Environmental Impact for E-2002-041, an amendment to the General Plan (Land Use) and a zone change for property located at 1000 East Betteravia Road. The amendment to the General Plan (Land Use) would change the land use designation from 4.68 acres of FS (Freeway Service) to 4.68 acres of CC (Community Commercial). The zone change would change the zoning from 4.68 acres of PD/FS (Planned Development/Freeway Service) to 4.68 acres of PD/C-2 (Planned Development/General Commercial); Assessor's Parcel Nos. 128-136-008 and 128-136-009. [Attachments 1-3] [Attachment 4] [Attachment 5]

At its regular meeting on January 20, 2010, the Planning Commission adopted Resolution Nos. 2562 and 2563 on a 5-0 vote recommending the City Council approve the Addendum to the Mitigated Negative Declaration, adopt the mitigation monitoring program, and approve the General Plan Amendment and 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. 2010-23 to be adopted approving the Addendum to the Mitigated Negative Declaration, E-2002-041, and approving a mitigation monitoring program for the Santa Maria Freeway Center Project.

g. Resolution No. 2010-24 to be adopted approving a General Plan (Land Use) Amendment for a 4.68 acre site from FS (Freeway Service) to CC (Community Commercial).

h. Ordinance No. 2010-02 to be introduced by title only for first reading and continued to the next meeting for second reading and adoption rezoning property for the Santa Maria Freeway Center Project from PD/FS (Planned Development/Freeway Service) to PD/C-2 (Planned Development/General Commercial).

ROLL CALL: Councilmember 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 - EXISTING LITIGATION pursuant to Subdivision (a) of Government Code Section 54956.9 to discuss SANTA MARIA POLICE OFFICERS ASSOCIATION v. CITY OF SANTA MARIA, Case No. 1318327.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Subdivision (a) of Government Code Section 54956.9 to discuss SANTA MARIA POLICE OFFICERS ASSOCIATION v. CITY OF SANTA MARIA, Case No. 1316392.

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 2, 2010. THE DEADLINE FOR SUBMITTING ITEMS FOR THE MARCH 2ND MEETING IS FEBRUARY 18, 2010.

CITY CALENDAR
BOARD/ COMMISSION	NEXT MEETING	MEETING PLACE	MEETING TIME
Planning Commission	Feb 17, 2010	City Council Chambers	6:30 p.m.
City Furlough Day	Feb 19, 2010	City Offices Closed
Block Grants Advisory Committee	Mar 8, 2010	City Hall Conference Room	5:30 p.m.
All-America City Committee	Mar 9, 2010	City Hall Conference Room	5:30 p.m.
Landmark Committee	Mar 9, 2010	Library Study Room C	4:00 p.m.
Recreation and Parks Commission	Mar 9, 2010	City Council Chambers	6:30 p.m.
Library Board	Mar 9, 2010	Library Conference Room	7:00 p.m.
Code Compliance Board	Mar 11, 2010	City Council Chambers	4:00 p.m.