MINUTES REGULAR MEETING Lompoc City Council Tuesday, April 5, 2005 City Hall/100 Civic Center Plaza Council Chambers

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1 MINUTES REGULAR MEETING Lompoc City Council Tuesday, April 5, 2005 City Hall/100 Civic Center Plaza Council Chambers OPEN SESSION 7:00 P.M. Council Chambers Councilmembers Present: DeWayne Holmdahl, Janice Keller, Will Schuyler, Michael Siminski, and Mayor DeWees Staff Participants: City Administrator Gary Keefe, City Attorney Sharon Stuart, Deputy City Clerk Donna Terrones, City Planner Lucille Breese, Associate Planner Peggy Woods, Community Development Director Arleen Pelster, Battalion Chief Robert Kovach, Fire Chief Linual White, and Fire Fighter Anthony Hudley. Other Participants: Ed Moses, Pat Gable, Alice Milligan, Denny Anderson, Suzanne Schwark, Ralph Harmon, Kurt Landthaler, Ashley Payne, Eric & Gloria Quesnel, Gerry O Neill, Bob Lingl, Barbara Barthel, Lera Shelby, Sue Barnacastle, Brian Kelly, Mark Hudgens, Mary Saladino, Noreen Pond, Richard Gasch, Javier Camarena, and Richard Brown. Brad Clark gave the invocation and Mayor DeWees led the Pledge of Allegiance. PRESENTATIONS: Mayor DeWees announced that on March 31, 2005, at the Lodge of Lompoc, he presented a Proclamation Honoring Clara Weber on the Occasion of her 104 th Birthday. Mayor DeWees presented proclamations for Salute to the Arts for April 7, 2005 to Dr. Roger Welt from Allan Hancock Community College and Denny Anderson of Lompoc Valley Chamber of Commerce and Visitors Bureau; Child Abuse Awareness and Sexual Assault Awareness Month, April 2005, to Joyce Howerton for North County Rape Crisis and Child Protection Center; Fair Housing Month, April 2005, to Scott Ehmer President of the Lompoc Valley Board of Realtors and Tracey Taylor, Director of Operations of the Lompoc Housing and Community Development Corporation Don Ramirez, of Lompoc Valley Flower Festival Association introduced the 2005 Flower Festival Queen Candidates. Robert Kovach, Chief Linual White, Anthony Hudley, and Mayor ProTem DeWayne Holmdahl presented Certificates of Graduation to the Community Emergency Response Team (CERT) participants, which include: Michael Bird, Angelica Campos, Juan Campos, Judy Delp, Nathan DeWees, Dick DeWees, Bill Goforth, Joyce Howerton, Joe LeBlanc, Thomas Morris, Gloria Nuernberg, Justin Polen, Vernon Polen, Ruth Schuyler, Laura Schuyler, Violet Silva, and Daryn Simpson. Other participants not in attendance included: Ryan Baker, Daniel Cota, Steven Cota, Chris Howerton, Lynn Howerton, Andrea Howski, Erica Jimenez, and Jimmie Rogers. Mayor DeWees announced that the next CERT classes would be in May or June. Presentation by Edward Moses, Director, Santa Barbara County Housing and Community Development Department, proposing City-County Cooperation Agreement for Community Development Block Grants (CDBG). Mr. Moses briefly discussed a City-County Cooperation Agreement desired by the County and introduced County Director of Housing Finance Pat Gable who gave a power point presentation. Ms. Gable presented a proposal for Lompoc and County Collaboration to allow the County to qualify for HUD Urban County Status. She detailed the expected benefits to Lompoc for three years if the City relinquished its entitlement status to the County and noted potential prorated allocation if CDBG funds were decreased or increased by Congress. She described other HOME and homeless housing projects. PRESENTATIONS: (cont d) Page 1 of 7

2 Ms. Gable asked the council to direct staff to initiate negotiations in order to enter into a FY Cooperation Agreement. Public Comment: 1. Alice Milligan, Denny Anderson, and Suzanne Schwark all spoke in support of the proposed proposal. 2. Mary Saladino asked what kind of effect a county split would have on Lompoc and the administrative costs of CDBG. 3. Mr. Edward Moses expressed his belief that as long as there is an agreement between City- County it could continue or a new contract could be negotiated. Council briefly discussed the proposal and directed staff to agendize this item with more information for action at the next meeting. CITY ADMINISTRATOR S STATUS REPORT Distributed as an informational report STAFF REQUESTS AND ANNOUNCEMENTS: City Administrator Gary Keefe announced the appointment of the City of Lompoc s new Parks and Recreation Director Dan McCaffrey, formerly Lompoc Recreation Superintendent. COUNCIL REQUESTS AND ANNOUNCEMENTS: 1. Status Report - Sign Ordinance Update (Planning Division Project File No. TA 05-01) (Requested by Councilmember Keller at the City Council meeting on March 15, 2005). City Planner Lucille Breese stated that the sign ordinance was reviewed at a joint City Council/Planning Commission Workshop on January 25, 2005 and to date no further comments from the Chamber of Commerce or the business community have been received. Public Comment: Denny Anderson stated that the Chamber has a task force and has reviewed the consultant s documentation and existing ordinance. However, they are not ready to submit final suggested recommendations. After Council briefly discussed the Sign Ordinance issue it was requested that an update on the Sign Ordinance and Development Code status be agendized as an action item for the next meeting. Councilmember Schuyler announced the death of Jackie Traylor, former City of Buellton s Councilmember Bill Traylor s wife. He also stated he would be attending the League of California Cities Policy Committee Meeting Friday, April 8, Councilmember Siminski stated that he and the Mayor met with U.S. Senator Barbara Boxer last week. He mentioned that resolutions had been prepared by Congress stating that the CDBG funds will not be eliminated. Mr. Siminski commented at length on affordable housing, which is being discussed locally, at the State level, and by the League of California Cities. State Senator Torlekson has introduced legislation to include the League s recommendations. Mr. Siminski said he would ask Council to approve a resolution that will allow cities local control over housing stock. He commended the Parks & Recreation Department on their Easter Egg Hunt Event. He mentioned that, at the last Northern California Power Agency Board meeting the Directors approved donating snow equipment to the Search and Rescue Team of Fresno. He also commented on measures to preserve the duck population as part of a NCPA transmission line project. COUNCIL REQUESTS AND ANNOUNCEMENTS: (cont d) Page 2 of 7

3 Councilmember Holmdahl stated he supports item No. 5 and suggested a power line be added in addition to the sewer and water lines. He announced that Lompoc will have two buses a week going to Santa Barbara and starting May 2, 2005 a bus will be going to Santa Maria. He informed the public that applications for the Wi-Fi logo design contest can be picked up from the local merchants in Lompoc. Councilmember Keller acknowledged the letter from Terry Hammons commending Keith Neubert from the City s Planning Divison for his work with the Homeowners Association of La Purisima Highlands. On April 20, 2005 a forum will be held sponsored by Citizens Planning Foundation on Lompoc Valley Water Issues from 7 to 9:00 P.M. at the Lompoc Public Library. She urged the public to enter the design contest for the Wi-Fi program and commented on the art exhibit at the Cypress Gallery. ORAL COMMUNICATIONS: 1. Denny Anderson announced that the Santa Barbara County Environmental Health Department has started enforcing food service rules applicable to fundraisers having food booths. The Chamber s Old Towne Market Committee has scheduled a workshop with the County Health Department on April 12, 2005 at 4:30 P.M. at the Chamber to assist nonprofit representatives with the application process. 2. Ralph Harman thanked Councilmember Keller for suggesting City staff provide more information on the idea of a City-County Cooperation Agreement for CDBG and bringing it back to the next meeting as an agenda action item. 3. Kurt Landthaler commented on item No. 5 (Directional Drilling under Santa Ynez River) and urged the Council to consider the use of reclaimed water in conjunction with this project and the Riverbend Park and Bike Path projects. 4. Ashley Payne announced a fundraiser Big Band Bash on April 23, 2005, to support Valley Haven Senior Daycare Center and Community Partners in Caring. CONSENT CALENDAR: ACTION: Motion/Second: Siminski/Schuyler. By a unanimous vote, the City Council: 2. Approved the Regular Meeting Minutes of March 15, 2005 and Joint Meeting Minutes with the Planning Commission of January 25, Approved expenditures for: Payroll of 3/25/05 - $1,089, Payroll of 3/11/05 - $925, Voucher Register of 3/25/05 - $518, Voucher Register of 3/18/05 - $931, Voucher Register of 3/11/05 - $913, Credit Refunds of 3/15/05 - $2, Adopted Ordinance No. 1506(05) Authorizing an Amendment to the Contract between the City Council of the City of Lompoc and the Board of Administration to the California Public Employees Retirement System, to be effective on and after May 5, Adopted Resolution No. 5234(05) Adopting the Mitigated Negative Declaration for the Santa Ynez River Directional Drill Project ER 99-27A for improvements to sewer and water systems to River Park. CONSENT CALENDAR: (cont d) Page 3 of 7

4 6. Adopted Resolution No. 5235(05), which projects expenditures for Local Transportation Funds in the Fiscal Year and authorize the filing of the claim package with the Santa Barbara County Association of Governments for allocation of Transportation Development Act Funds for Fiscal Year Adopted Resolution No. 5233(05) in Support of the continuation of the Federal Community Development Block Grant (CDBG) Program. 8. Adopted Resolution No. 5236(05) Directing Shilts Consultants, Inc. to prepare the Engineer s Report for the Park Maintenance and City Pool Assessment District No for Fiscal Year APPOINTMENTS: 9. Ratification of Television Access Partners (TAP) TV Board of Directors. City Administrator Gary Keefe presented the staff report and recommendations. Councilmember Keller inquired about the TAP by-laws and voiced her concerns about the fifth board member not being a city resident of either Lompoc or Santa Maria. City Administrator Gary Keefe responded that there are no by-laws at this point and that efforts are now underway by the Board to establish the by-laws. Mayor DeWees noted that the applicant does have a business in the City of Lompoc and in the City of Santa Maria. Councilmember Siminski voiced his support for the fifth member and asked City Administrator Gary Keefe to include Council in the distribution of the agenda and meeting minutes of the TAP Board. ACTION: Motion/Second: Siminski/Holmdahl. By a 4 to 1 vote, (Councilmember Keller ABSTAINED), the City Council ratified the appointment of David W. Cross as the fifth, at-large, member of the TAP TV Board of Directors. RECESS: At 7:50 P.M., the Mayor announced a Break. At 8:00 P.M. the meeting was reconvened with all Councilmembers present. Mayor Dewees announced that the audio portion of the meeting on Channel 23 was off until 8:20 P.M. due to a Comcast modulator that failed but will be rebroadcast with sound the next morning at 9:00 A.M. PUBLIC HEARING: 10. An Appeal, submitted by Eric & Gloria Quesnel, of the Planning Commission determination of March 14, 2005, approving a Conditional Use Permit CUP The CUP allows a tire store to operate at 1500 East Ocean Avenue. The property is located in the Planned Commercial Development (PCD) Zoning District (Assessor Parcel Number: ) Planning Division Project File No. CUP PUBLIC HEARING: Page 4 of 7

5 Item 10 (cont d) Councilmembers made the following disclosure statements: Councilmember Schuyler stated he met with Javier Camerena, had discussions with Mr. Salas, Mr. Hill, Ms. Milligan, Ms. Rogers, and Mr. Quesnel, and visited the proposed site on two occasions; Councilmember Siminski stated he also visited the site on two occasions, drove around the city and reviewed other businesses that were comparable, and received comments from various interested parties; Councilmember Holmdahl stated he received a call from Ms. Milligan and drove around the area; Mayor DeWees stated he drove around the area and spoke to Ms. Milligan. City Planner Lucille Breese presented the Staff report and recommendations. Ms. Breese noted a correction to the staff report and provided a review of the project, the appeal, and a summary of the conditions. Ms. Breese also provided supplemental information regarding factors, which could not be considered as a basis for a decision. Councilmember Schuyler asked if there is a record of when the service station was built and asked if the building was occupied prior to its current vacancy. Councilmember Holmdahl asked if the trucks that were parked previously on the property were actually on the site itself, and noted that this cannot be considered as the basis for denial. Mayor DeWees asked if Mr. Camarena is purchasing the proposed site. City Planner Lucille Breese confirmed that the building had been occupied until its recent vacancy. Ms. Breese confirmed Mr. Holmdahl s statement. Mr. Camarena replied that he is purchasing the site. Public Testimony: 1. Written comments in opposition to the proposed CUP were received from Sue Barnacastle, Anthony (Tony) Loya, Barbara & Jim Barthel, Shirley & Mike Garcia, Daryl Burgess, Robert Hill, Marie & Francis O Neill, Brian & Tegan Kelly, and Eric & Gloria Quesnel. 2. Written comments in support of the proposed CUP were received from Javier Camarena, Jean Shoaff, and Richard Gasch. 3. Gloria Quesnel spoke in opposition to the proposed CUP and commented that many of the surrounding residents were not aware of the last Planning Commission meeting. Her concerns are the noise, quality of life, appearance to the entrance to the City, and devaluation of property. She stated that her concerns are not against the proposed business and offered her assistance to help find another location for the tire shop. 4. The following persons spoke in strong opposition to the proposed CUP. The majority of their comments are summarized as follows: quality of life; appearance of the entrance to the City; property values; and noise; Eric Quesnel, Gerry O Neill, Bob Lingl, Barbara Barthel, Lera Shelby, Sue Barnacastle, Brian Kelly, Mark Hudgens, Alice Milligan, Mary Saladino, and Noreen Pond. 5. Richard Gasch spoke in support of the proposed CUP. Councilmember Holmdahl asked if the Camarena muffler business would operate at the proposed site. Councilmember Schuyler asked Mr. Camarena if they would be moving their equipment to the proposed site and if they would be servicing trucks. PUBLIC HEARING: Page 5 of 7

6 Item 10 (cont d) 6. Javier Camarena spoke in support of the proposed CUP. Mr. Camarena stated that the muffler business would not be at the proposed site, they would be buying all new equipment, and that some of the equipment will have lower decibel levels and no trucks will be serviced at the new site. Community Development Director Arleen Pelster and City Planner Lucille Breese answered Council s various questions regarding the CUP. Ms. Pelster stated that the zoning ordinance specifies the operation must be confined within an enclosed building, and within the footprint of the building, but does not specify that the doors be closed. Ms. Breese stated that the analysis for the Initial Study was compared to the previous use, not the vacant building. She clarified the permitted uses under a CUP. She confirmed that outdoor tire storage is prohibited by the CUP. Ms. Breese commented that the decibel noise ratings are done in Community Noise Evaluation Level (CNEL) an average that gives a higher penalty to noise that occurs between 10 P.M. and 7 A.M. and is done through an acoustical analysis. Councilmember Siminski noted that the General Plan shows what use is designated for the site. He encouraged the public to view the General Plan. After lengthy discussion regarding the conditions of approval and appeal, Council noted Mr. Camerena is aware of the outcome if the conditions are not met. Councilmember Keller confirmed that the surrounding residents were properly notified as required by law, Councilmembers spoke in support of denying the appeal. ACTION: Motion/Second: Keller/Holmdahl. By a unanimous vote, the City Council directed staff to prepare a resolution denying the appeal. ACTION: Motion/Second Holmdahl/Keller. By a unanimous Vote, the City Council extended the meeting pass 11:00 P.M. RECESS: At 10:45 P.M., the Mayor announced a Break. At 10:55 P.M. the meeting was reconvened with all Councilmembers present. NEW BUSINESS: 11. Lompoc Affordable Housing Trust Fund Program Implementation Plan Associate Planner Peggy Woods presented the Staff report and recommendations. She noted changes to the Implementation Plan on page 5 and Chart Table 1. Public Comment: Richard Brown, Executive Director of Habitat for Humanity, spoke in support of the program. He commented on rental housing as part of the program as an alternative to individual housing and stated that building rental units gives many funding opportunities that are not available to people who specialize in individual homes. Mr. Brown stated his preference for grants or forgiveable loans, rather than zero-interest loans. Councilmember Keller requested staff report back to Council on how well the program performs after the first cycle. She asked if in-lieu fees can be paid on affordable rental housing. Councilmember Schuyler stated he would like to see the money granted instead of loaned. NEW BUSINESS: Page 6 of 7

7 Item 11 (cont d) Councilmember Holmdahl commented that the money can be granted or loaned. He mentioned that the Housing Trust Fund Committee will have money available to help people through the process. Mayor DeWees asked why the in-lieu fees could not be used towards the purchase of a new home, and questioned whether the sums available to each household are sufficient. Associate Planner Peggy Woods stated that the in-lieu fees are used to build more units, whether for rental or for sale, to comply with the City s Regional Housing Needs Assessment (RHNA) obligation. One of the justifications for the reduced fee adopted by City Council in 2003 was that developers stated that they could leverage this money. Councilmember Keller has requested that staff bring the issue of the housing in lieu fee back to City Council. ACTION: Motion/Second: Keller/Holmdahl. By a 4 to 1 vote with (Councilmember Schuyler voting NO), the City Council reviewed the draft Lompoc Affordable Housing Trust Fund Program Implementation Plan; noted changes presented by Staff; certified the Negative Declaration; Adopted Resolution No. 5237(05) Adopting the Lompoc Affordable Housing Trust Fund Program Implementation Plan; and directed Staff to return to the City Council with a resolution detailing the nominal application fee. WRITTEN COMMUNICATIONS: None ORAL COMMUNICATIONS: Kurt Landthaler asked what the requirements and plans are for additional space for the Police Department. He also inquired about the availability of space at 101 Civic Center Plaza. He reiterated his comments regarding the need for reclaimed water use. COUNCIL REQUESTS AND COMMENTS: Councilmember Keller requested that Staff report on what reclaimed water can be used for in the City Councilmember Siminski requested an item be added to the agenda each week that states presentations will be given to Council and Council reserves the right to discuss, give staff opinions, and take action on such items. ADJOURNMENT: At 11:20 P.M., the Mayor adjourned the meeting to the Regular Meeting on Tuesday, April 19, Dick DeWees, Mayor City of Lompoc Attest: Deputy City Clerk Donna Terrones Dated: April 13, 2005 Page 7 of 7