MINUTES Closed Session/Lompoc City Council Tuesday, January 15, 2002 COUNCIL CHAMBERS/100 CIVIC CENTER PLAZA

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1 MINUTES Closed Session/Lompoc City Council Tuesday, January 15, 2002 COUNCIL CHAMBERS/100 CIVIC CENTER PLAZA CLOSED SESSION 6:00 P.M. Administrative Conference Room Councilmembers Present: DeWayne Holmdahl, Janice Keller, Will Schuyler, Mike Siminski, and Mayor Dick DeWees. ORAL COMMUNICATIONS: None. NEW BUSINESS: In accordance with Government Code Section (a), Council met with the City Attorney and Assistant City Attorney regarding the pending case of City of Lompoc v. Fleming & Associates, et al. MINUTES REGULAR MEETING/LOMPOC CITY COUNCIL Tuesday, January 15, 2002 COUNCIL CHAMBERS/100 CIVIC CENTER PLAZA 7:00 P.M. Councilmembers Present: DeWayne Holmdahl, Janice Keller, Will Schuyler, Mike Siminski, and Mayor Dick DeWees. Staff Participants: City Administrator Frank Priore, City Attorney Sharon Stuart, City Clerk Jane Green, Community Services Director Marlene Demery, Fire Marshal Tom Chrones, Community Development Program Manager Dinah Lockhart, and City Planner Arleen Pelster. Other Participants: Barbara Holt, Warren Mantooth, Stella Reed, Rob Lewis, and Paul Schowalter. Terry Smith gave the invocation and Mayor DeWees led the pledge to allegiance. PRESENTATIONS: A. Mayor DeWees announced that Certificates of Appreciation were given to Leonardo Jimenez and Robert Turner, December 20, 2001, in recognition of their artistic contributions to the newly completed mural that depicts the local flower fields near Sweeney Road. B. Graduation Certificates for Citizens Emergency Response Team (CERT) Class were presented to Class members including: Alberto Cubillo, Kerry Hansen, Connie Kauppinen, Jon Lyra, Judith Grames-Lyra, Anita Macias, Abel Romayor, and Ginger White. 1. Status Report on Multijurisdictional Solid Waste Task Force. Community Services Director Marlene Demery advised that she and Mayor DeWees had been attending the subject Task Force meetings to discuss future plans for solid waste disposal. The Task Force examines possible programs to reduce costs in the area of disposal of household hazardous waste, electronic waste, and other processing needs. Staff recommended that the City officials continue to participate in future meetings. Page 1 of 8

2 PRESENTATIONS (Cont d Public Comment: None. ACTION: Council briefly discussed the matter and concurred with Staff s recommendation for the Mayor and City Staff to continue participation in the multijurisdictional Solid Waste Task Force. CITY ADMINISTRATOR S STATUS REPORT: (Distributed as an informational report only.) STAFF REQUESTS AND ANNOUNCEMENTS: Fire Chief Ed Casarez announced that after 35 years of service with the City he will retire on May 31, Chief Casarez thanked the City Administrator for the opportunity to serve as Fire Chief and related his appreciation of City Council, Fire, other City personnel, and his wife, Ramona Casarez. The Council, Staff, and audience applauded Chief Casarez. COUNCIL REQUESTS AND ANNOUNCEMENTS: Mayor DeWees made several announcements: the City Council Aquatic Center Workshop will be Saturday, January 19, 2002 at 9:00 A.M.; 21 st Carousel of Cultures on January 21, 2002 at 11:00 A.M. Lompoc High School Cafeteria; he attended a program at Vandenberg AFB to honor the contributions of Dr. Martin Luther King, Jr.; he will be in Washington, D.C., January to lobby Federal legislators with Northern California Power Agency (NCPA) and American Public Power Agency (NCPA) representatives; the Chamber recognized Jonathan Wild for his $6,000 contribution to the American Red Cross from CD sales; and stated Cabrillo Freshman Kyle Descamps will carry the Olympic Torch in Solvang. Councilmember Keller recognized and thanked Charlotte Benton for her donation of property at 203, 207, and 209 South I Street and $50,000 in cash for the proposed Children s Library Project. Councilmember Keller requested for the next meeting a status report regarding negotiations with Comcast, public participation in the process, and requested the Cable TV Committee members attend the meeting. She also requested a review of developer fees to insure they cover the City s costs. Councilmember Holmdahl noted he attended the League of California Cities Annual Conference, December 17-19; January he will attend the NCPA Strategic Planning meeting in Sacramento; and then join other City officials in Washington, D.C. for NCPA/APPA meetings and a National Air Pollution Control District meeting. He announced that the Radio Station 91.5 sponsored by Trinity Nazarene Church will expand their area of coverage; that Improve North County (INC) will sponsor candidate forums for 4 th District Supervisor, Sheriff, and Clerk/Recorder/Assessor. Councilmember Holmdahl requested reports on improving problems with excessive noise in the Lompoc Valley Community Center; information on what caused the Cable TV outage on January 12; and an update on tree problems reported by residents in the blocks of West Pine. Councilmember Schuyler thanked Staff for correcting the walkway areas around City Hall. Councilmember Siminski mentioned the NCPA Strategic Planning meeting will focus on activities of last year and future electric policies and goals, including discussion of PATH 15 Transmission project and the APPA Conference will address pending Federal legislation. He noted during the recent California Municipal Utilities Association (CMUA) conference, members were briefed on hundreds of bills relating to water and electricity and he also met with Assemblyman Maldonado and Senators O Connell and McClintock. He said four local youths attended the League s Annual Conference and were interested in sharing their experience at a future City Council meeting. Page 2 of 8

3 ORAL COMMUNICATIONS : None. CONSENT CALENDAR: ACTION: Motion/Second: Councilmembers Siminski/Holmdahl. Items listed under Consent Calendar were approved except as noted under Items 3 and 8. The motion carried on a vote of Approved the Regular City Council Meeting Minutes of December 4, Approved expenditures for: Payroll of 1/4/02 - $751, Payroll of 12/28/01 - $8, Payroll of 12/21/01 - $892, Payroll of 12/7/01 - $757, Payroll of 12/6/01 - $57, Voucher Register of 1/4/02 - $262, Voucher Register of 12/28/01 - $246, Voucher Register of 12/21/01 - $507, Voucher Register of 12/14/01 - $636, Voucher Register of 12/7/01 - $293, Voucher Register of 11/30/01 - $427, (Councilmember Schuyler ABSTAINED on Check Warrants for: Miller Landscape & Maintenance # $707.00; Schuyler Mower & Offroad # $87.39; and Miller Landscape & Maintenance # $ ) 4. Approved the Mutual Aid Agreement with the Federal Correctional Complex for Fire Protection and authorized the Fire Chief to execute the Agreement. 5. Approved the Mutual Aid Agreement with Vandenberg Air Force Base for Fire Protection and authorized the Fire Chief to execute the Agreement. 6. Authorized the Mayor to execute the Agreement to Modify the Air Pollution Control District (APCD) Board of Directors to add the City of Goleta as a member of the APCD Board of Directors. 7. Adopted Resolution No. 4976(02) Accepting the gift of Assessor Parcel Numbers and (203, 207, and 209 South I Street) from the Charlotte Benton Trust and authorized the Mayor and City Administrator to execute related documents; acknowledged Charlotte Benton s generous gift of $50,000 in cash; and authorized the City Administrator to sign the Memorandum of Understanding regarding use of this gift. 8. Resolution No. 4977(02) to expand the City s existing program of charitable payroll deductions to allow the convenience of automatic deductions for voluntary contributions to any non-profit organization; and to formally express the City Council s support of Action for Better Cities, created by the League of California Cities. (Councilmember Keller requested this item be considered separately at the end of the meeting.) APPOINTMENTS: 9. The City Council made the following appointments: a. Beautification and Appearance Commission Unanimously appointed Councilmember Holmdahl s Nominee, James McLean, to a term ending December APPOINTMENTS (Cont d) Page 3 of 8

4 b. Cable TV Committee (Two vacancies) Unanimously appointed Kristopher Brock to a term ending January c. Economic Development Committee Unanimously appointed Timothy Brummer, Brent Hazen (reappointed), and Edwin Schuler to terms ending January d. Library Board of Trustees Through a nomination process approved the following appointments on a 4-1 vote (Councilmember Keller ABSTAINED): Margaret Anne Les to a term ending January 2004; and Wickliffe Rodenhi and Aubrey Harry Schlueter to terms ending January e. Senior Commission Unanimously reappointed Nelda McCabe to a term ending January f. Youth Commission (Vacancies: One Adult; five Youth) Unanimously approved appointments of three youth members to terms ending January 2004: Matthew Lee, Karen Nguyen (reappointed), and Anh Tran (reappointed). 10. Selection of Mayor Pro Tempore. ACTION: Motion/Second: Councilmember Holmdahl/Mayor DeWees. Councilmember Siminski was unanimously appointed Mayor Pro Tempore. PUBLIC HEARING 11. Abatement of Weeds and Confirmation of Costs. Fire Marshal Tom Chrones reported the City Council adopted Resolution Nos. 4918(01) and 4927(01), which caused the abatement of weeds on properties described in Resolution No. 4974(02). Notices to destroy weeds were mailed October 16, 2001 and property owners were given until November 11, 2001 to remove the weed growth. Subsequently, the contractor finished the work and on January 3, 2002 property owners were sent public hearing notices. Public Testimony: None. ACTION: Motion/Second: Councilmembers Holmdahl/Siminski. The City Council unanimously approved the motion to accept Staff s recommendation to affirm the cost of weed abatement to the property owners for the amounts to be assessed against their respective properties; and adopted Resolution No. 4974(02) Relating to the Abatement of Weed Nuisances and the Assessments for the Costs Thereof. LEGISLATIVE MATTERS Resolution No. 4974(02) Relating to Abatement Of Weed Nuisances. See under Public Hearing Page 4 of 8

5 LEGISLATIVE MATTERS (Cont d) Resolution No. 4975(02) Affirming its Review of The Feasibility Memorandum for the Old Town Lompoc Redevelopment Project, Amendment No. 2; and directing the Lompoc Planning Commission to Designate Amendment Area Boundaries. Resolution No. 4976(02) Accepting the Gift of Real Property from Charlotte Benton Trust And authorizing the City Administrator to Execute related documents. Resolution No. 4977(02) Establishing a Program Of Voluntary Payroll Deductions for Non-Profit Organizations. Resolution No. 4978(02) Expressing Support of Action for Better Cities. See under New Business See under Consent Calendar See under Consent Calendar See under Consent Calendar NEW BUSINESS: 12. Food Pantry Contract. Community Development Program Manager Dinah Lockhart reported that, as a result of the review of the Food Pantry s Financial Planning Report, the Human Services Commission had voted unanimously to recommend termination of the City s contract with the Food Pantry effective immediately. The Commission had previously identified serious concerns regarding the Food Pantry s financial condition during the annual site visit. These concerns included significant debt, lax oversight, and checking account overdrafts. Subsequently, two agencies were identified that potentially could provide financial management assistance; however, the Food Pantry Board declined to pursue this option. The Staff proposed that Council accept the Commission s recommendation; but provide the Pantry with 30 days, until February 13, 2002 to provide a satisfactory financial management plan. If this is not done, the remaining contract balance will be reallocated to another agency for emergency food services. Public Comment 1. Barbara Holt advised that the Human Services Commission met again January 14, 2002 and continued to recommend termination of the contract. Ms. Holt spoke in support of the program and the need to have another agency with management and financial capabilities to continue the program. 2. Warren Mantooth, Food Pantry Board Chair, advised the Pantry had been running a deficit for two years because they did not apply on time for a County grant. The community, a local church, and Chamber of Commerce have recently donated substantial funds. Mr. Mantooth thanked the Council and Human Services Commission for their past support. Mr. Mantooth reviewed the budget and updated the status of pending grants. 3. Stella Reed responded to questions regarding the financial documents. Mr. Mantooth continued to respond to questions from Council and highlighted the problems associated with the deficit and lack of continuity with volunteers. Council discussed the feasibility of Community Action Commission (CAC) or Catholic Charities providing emergency food services if the Food Pantry is unable to continue operations. Council emphasized the need to avoid an interruption in these services. Staff noted the full level of services Page 5 of 8

6 NEW BUSINESS (Cont d) Item 12 would not be available until the next funding cycle. Barbara Holt responded to questions from Councilmember Schuyler regarding the financial reporting requirements. ACTION: Councilmember Siminski moved to accept the Human Services Commission s recommendation without a 30-day extension. There was no second for this motion. It was moved by Councilmember Holmdahl, seconded by Councilmember Siminski, to give the Food Pantry a 30- day extension to return to Council on February 19, 2002 and agree to work with either CAC or Catholic Charities for one year. Councilmember Schuyler spoke in support giving the Food Pantry 30 days to resolve their problems. Councilmember Keller proposed to amend the motion to allow the Food Pantry to return with an adequate financial plan or agree to work with either of the two agencies. The amended motion did not receive a second. The Council discussed at length the Food Pantry s need for financial management assistance and the importance of serving the needy. The Motion by Councilmember Holmdahl passed on a unanimous vote. Councilmember Keller noted for the record that Mr. and Mrs. Marvin Loney sent a letter of support for the Food Pantry and that an additional letter dated January 8, 2002 had been received from the Food Pantry. The City Council directed Staff to prepare a contingency plan for emergency food services by another agency if the Food Pantry should decline to accept the assistance from CAC or Catholic Charities. RECESS: At 9:10 P.M., Mayor DeWees announced a break. The meeting reconvened at 9:11 P.M. with all Councilmembers present. 13. Community Development Block Grant (CDBG) Action Plan Amendment. Community Development Program Manager Dinah Lockhart proposed to change the proposed projects for this year s CDBG Program due to the low number of applicants for the single-family rehabilitation program. Funding was proposed for the following projects: Library and Anderson Recreation Center Audio/Visual Emergency Warning System for the hearing and vision impaired estimated at $85,000; purchase of a new Air Compressor for filling Fire Department breathing apparatus bottles; rehabilitation of a multi-family unit at 328 North K Street; and reductions in the City s interest rate for single-family rehabilitation loans for amortized loans from 4% to 3% and on deferred loans from 6% to 4%. Public Comment: None ACTION: Motion/Second: Councilmembers Keller/Siminski. The City Council approved the motion to accept Staff s recommendation to change the allocation of funds to the City s CDBG Action Plan to add three new projects for funding (two projects for City facilities as described above and a rehabilitation project at 328 North K Street); and revise the Single Family Rehabilitation Program to lower interest rates and expand the service area citywide, for households that qualify under the Program s income guidelines. The motion carried on a unanimous vote. 14. Affirming the review of the Feasibility Memorandum for the Old Town Lompoc Redevelopment Project, Amendment No. 2 (Eastside Amendment Area) generally described as a acre parcel located on the north side of East Laurel Avenue, near Twelfth Street (APN ); acre parcel located on the southeast corner of East Ocean Avenue/Hwy. 246 and Hwy. 1 (APN ); and a 3.19 acre parcel located on the south side of East Ocean Avenue, east of Hwy. 1 (APN ). City Planner Arleen Pelster reported that the City Council adopted a redevelopment Survey Area for study purposes on December 19, 2000 in order to begin exploring the possibility of adding territory NEW BUSINESS (Cont d) Page 6 of 8

7 Item 14 known as the Eastside Amendment Area to the existing Old Town Lompoc Redevelopment Project. The Planning Commission will be responsible for selecting the Eastside Amendment Area boundaries and formulating the Preliminary Plan. Paul Schowalter, representing GRC Redevelopment Consultants, advised that the purpose of the Feasibility Study is to determine if the subject properties are feasible to add to the existing project area. The area must have conditions of blight and be urbanized, which means that the properties can be developed, previously developed, or surrounded by development. The study revealed that there is a strong case to meet these conditions. Discussion continued on the proposed application from Fess Parker Winery for development of one of the parcels. The consultant stated that this application is incomplete and there have been numerous delays. In addition, hazardous materials study and remediation could add significantly to the cost of developing that site. One specific use of Redevelopment is to assist with hazardous materials costs. The action proposed does not commit the Council or Agency to adopt a plan and changes can be made until the final hearing. Public Comment: Rob Lewis stated he represents property owners, the Hauenstein Family, who own parcels two and three. They have expressed concern about participating in the redevelopment project due to the reference to eminent domain in the consultant s brochure. Councilmember Keller suggested that the name of the entire project be changed from Old Town Lompoc Redevelopment Project. Mr. Schowalter stated that they will check with the State Board of Equalization to see if that is feasible. Discussion followed regarding the Hauenstein property (parcels two and three) and adjacent CalTrans right-of-way. The consultant noted that there are a variety of ways to address or eliminate eminent domain in a redevelopment plan. ACTION: Motion/Second: Councilmembers Holmdahl/Siminski. The Council approved the motion to accept Staff s recommendation that the City Council adopt Resolution No. 4975(02) affirming its review of the Feasibility Memorandum for the Old Town Lompoc Redevelopment Project, Amendment No. 2 (Eastside Amendment Area); directing the Lompoc Planning Commission to designate Amendment Area boundaries; and directing Staff to explore the feasibility of changing the project area name. Councilmember Schuyler amended the motion to address parcel one separately from parcels two and three. The amended motion failed due to lack of a second. Discussion followed regarding the action to direct the Planning Commission to select the boundaries. The motion passed on a unanimous vote. WRITTEN COMMUNICATIONS: None. ORAL COMMUNICATIONS: None. COUNCIL REQUESTS AND COMMENTS: Consent Calendar Item #8 - Resolution No. 4977(02) to expand the City s existing program of charitable payroll deductions to allow the convenience of automatic deductions for voluntary contributions to any non-profit organization; and to formally express the City Council s support of Action for Better Cities, created by the League of California Cities. COUNCIL REQUESTS AND COMMENTS (Cont d) Consent Calendar Item #8 Page 7 of 8

8 Public Comment: None. ACTION: Motion/Second: Councilmembers Keller/Siminski. Following brief comments, the City Council approved the motion to adopt Resolution No. 4977(02) without Section Six pertaining to Action for Better Cities. The motion carried on a unanimous vote. Councilmember Siminski advised that he is a non-paid member of the Board of Directors of the League of California Cities and he voted for and contributes to the establishment of the Action for Better Cities. ACTION: Motion/Second: Councilmembers Keller/Siminski. The City Council approved the creation and adoption of a separate resolution, Resolution No. 4978(02) Expressing Support of Action for Better Cities. The motion carried on a unanimous vote. ADJOURNMENT: At 9:42 P.M., Mayor DeWees adjourned the meeting to the Adjourned Regular Meeting of Saturday, January 19, 2002 at 9:00 A.M. Dick DeWees, Mayor City of Lompoc ATTEST: Jane C. Green City Clerk Dated: January 23, 2002 Page 8 of 8