MINUTES CLOSED SESSION. Council Members Present: Ashley Costa, Dirk Starbuck, Mayor Pro Tempore Bob Lingl, and Mayor John Linn.

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1 MINUTES Final Minutes Approved 2/1/2011 Regular Meeting of the Lompoc City Council and Lompoc Redevelopment Agency Tuesday, January 18, 2011 City Hall, 100 Civic Center Plaza, Council Chambers CLOSED SESSION OPEN SESSION - 6:00 P.M. Council Chambers Council Members Present: Ashley Costa, Dirk Starbuck, Mayor Pro Tempore Bob Lingl, and Mayor John Linn. Staff Present: City Administrator Laurel Barcelona, City Attorney Joe Pannone, and City Clerk Stacey Alvarez. ORAL COMMUNICATIONS: None CLOSED SESSION Utility Conference Room BUSINESS ITEM: 1. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Section ) a. Jamarillo v. Lompoc, Case No CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section : One case OPEN SESSION - 7:00 P.M. Council Chambers Council/Agency Members Present: Ashley Costa, Cecilia Martner, Dirk Starbuck, Mayor Pro Tempore/Vice Chair Bob Lingl, and Mayor/Chair John Linn. Staff Present: City Administrator/Executive Director Laurel Barcelona, City Attorney/General Counsel Joe Pannone, City Clerk/Secretary Stacey Alvarez, Planning Division Manager Lucille Breese, and Community Development Director Arleen Pelster. Others Present: Dulcie Sinn, DeWayne Holmdahl, Robert Jeffers, Jeanne Dugger, Phyllis Wagner, Anita Dwyer, Don Buck, Brian Cole, Bob Corbin, Paul Tanguma, Lisa Toth, Marty Cabral, Fausto Navarro, Bob Hamilton, Wilda Burdick, Joyce Howerton, Theresa Hernandez, Ralph Harman, Charles Blair, David Eccles, Richard Escalante, Todd Streett, Carol Marshal, Ken Smith, Ray Leslie, Charles Arnold, Eric Timmons, Eric Wagner, Debi Regis, Doug Philips, Kendal Leslie, Judith Grames-Lyra, Judy McKinnon, Kelly Hall, Carol Benham, Harry Keim, Rob Smith, David Schneider, Dan Soza, Catherine Diaz, Deborah Abdool, Maria Gil, Paul Hall, Ann Ruhge, Robert Cuthbert, Michael Robinson, Traci Wood, Tony Lacacciato, Roger Dale, Ellen Berkowitz, Jeff Wagner, and Amelia Nuefeld. Pastor John Reil gave the invocation. Mayor John Linn led the pledge of allegiance. REPORT ON ACTION TAKEN IN CLOSED SESSION: Mayor Linn stated no reportable action was taken. CITY ADMINISTRATOR/EXECUTIVE DIRECTOR S STATUS REPORT: (Information only) STAFF REQUESTS AND ANNOUNCEMENTS: None 01/18/2011 Lompoc City Council /Redevelopment Agency Agenda Page 1 of 5

2 COUNCIL/REDEVELOPMENT AGENCY REQUESTS AND ANNOUNCEMENTS: Council/Agency Member Lingl announced he attended meetings at the Lompoc Valley Chamber of Commerce, a meeting at the Lompoc Veterans of Foreign Wars Memorial Building and a meeting in Santa Maria. Council/Agency Member Starbuck stated he and Council/Agency Member Costa received an correspondence from WalMart regarding Agenda Item #5. Council/Agency Member Costa announced she attended a Community Action Commission Board Meeting. Mayor/Chair Linn announced he an Council/Agency Member Costa met with Gregory Kampf, Lompoc Unified School District Superintendent; explained the method oral communications will be taken; and requested City Attorney Joseph Pannone clarify what Council will be deliberating and discussing when Agenda Item No. 5 is presented. Mr. Pannone stated Council will be deciding if the Final Environmental Impact Report (EIR) document is legally sufficient. ORAL COMMUNICATIONS: 1. Dulcie Sinn announced a workshop on hoarding will be held at the Lompoc Valley Chamber of Commerce on February 17, DeWayne Holmdahl announced the 2011 Vintner s Festival will be held on April 16, 2011, at River Park, Lompoc and stated he is in favor of the proposed Walmart expansion project. 3. Robert Jeffers, Phyllis Wagner, Anita Dwyer, Lisa Toth, Marty Cabral, Fausto Navarro, Wilda Burdick, Carl Marshall, Ken Smith, Eric Timmons, Eric Wagner, Debi Regis, and Kelly Hall spoke in favor of the proposed Walmart expansion project. 4. Jeanne Dugger, Don Buck, Brian Cole, Bob Corbin, Paul Tanguma, Theresa Hernandez, Charles Blair, David Eccles, Richard Escalante, Ray Leslie, Charles Arnold, Doug Philips, Kendal Leslie, Judith Grames-Lyra, Judy McKinnon, Carol Benham, Harry Keim, Rob Smith, and David Schneider spoke in opposition to the proposed Walmart expansion project. 5. Bob Hamilton suggested Council Member Lingl recuse himself from Agenda Item No. 5. because Mr. Lingl was involved in the Walmart grand re-opening ceremonies in Joyce Howerton suggested Council return the proposed Walmart expansion project to the Planning Commission. 7. Ralph Harman asked Council if the development plan for the proposed Walmart expansion will be discussed and deliberated along with the EIR, he questioned the completeness of the published Planning Commission minutes and spoke against the proposed Walmart expansion project. 8. Todd Streett spoke about customer service and customer loyalty. City Attorney Joe Pannone stated the development plan for the proposed Walmart expansion is not on the City Council Agenda. CONSENT CALENDAR: All items listed under Consent Calendar are considered to be routine and will be enacted, after one motion, in the form listed below. There will be no separate discussion of these items unless good cause is shown prior to the Council/Agency vote. Any items withdrawn from the Consent Calendar for separate discussion will be addressed immediately before the second Oral Communications, near the end of the meeting. ACTION: Motion/Second: Costa/Martner. By a unanimous vote, the City Council/Agency: 01/18/2011 Lompoc City Council /Redevelopment Agency Agenda Page 2 of 5

3 CONSENT CALENDAR: (cont d) CITY/RDA 1. Approved the Minutes of the Lompoc City Council and Lompoc Redevelopment Agency Regular Meeting of December 21, 2010 and January 4, CITY 2. Approved the expenditures for: Payroll of 1/05/ $1,061, *Voucher Register of 12/30/ $233, Voucher Register of 1/07/ $374, *(Mayor Linn will not participate in the vote for Check #295831, Speedy Lock & Safe, $6.50 and Check # Speedy Load Um Towing, $37.00). CITY 3. Pulled by Council/Agency Member Martner to be discussed before the Public Hearing Item. APPOINTMENTS: Establishing a Single-Purpose Committee to Review the City s Building, Engineering, and Planning Development Review and Permit Procedures. City Administrator Laurel Barcelona L_barcelona@ci.lompoc.ca.us Recommendation: that the City Council: a) Establish a Single-Purpose Committee (Committee) to review the City s Building, Engineering, and Planning development permit procedures by approving the attached description of the Committee s function, membership, and meeting schedule; and b) Provide direction as to the process for the appointment of the Committee, if the Council desires the process to be different than nomination to the Committee by individual Council Members. CITY 4. Appointment of Council Nominees to the following City Commissions. A. Human Services Commission ACTION: By a unanimous vote, the City Council appointed Ted Elswick to the Human Services Commission for one term ending 12/12. B. Parks and Recreation Commission ACTION: By a unanimous vote, the City Council appointed Patricia Coggin to the Parks and Recreation Commission for one term ending 12/12. CONSENT CALENDAR: (cont d) CITY 3. Establishing a Single-Purpose Committee to Review the City s Building, Engineering, and Planning Development Review and Permit Procedures. Council briefly discussed the eligibility factors for committee members and meeting times. ACTION: Motion/Second Starbuck/Lingl. By a unanimous vote, the City Council established a Single-Purpose Committee (Committee) to review the City s Building, Engineering, and Planning development permit procedures by approving the description of the Committee s function, with stated changes to membership, and meeting schedule. RECESS: At 8:58 P.M. Mayor/Chair Linn announced a break. At 9:10 P.M., the meeting reconvened with all Council/Agency Members present. 01/18/2011 Lompoc City Council /Redevelopment Agency Agenda Page 3 of 5

4 PUBLIC HEARING: CITY 5. Appeal of Planning Commission Denial of Certification of the Final Environmental Impact Report for the WalMart Expansion Project (Planning Division File No. FEIR and DR 08-09) Planning Division Manager Lucille T. Breese presented the staff report and recommendations and introduced Tony Locacciato from Impact Sciences and Rachel C. Cook, Special Counsel. Mr. Locacciato explained the process of drafting the Final EIR, the requirements of the California Environmental Quality Act (CEQA), and the six (6) specific areas identified in the initial review process as requiring a detailed analysis in the proposed Walmart Expansion Project Final EIR. Council Member Lingl asked Staff to clarify how a company is chosen to draft an EIR document and the experience Impact Sciences has with producing EIR documents. Ms. Breese explained the City s adopted environmental review guidelines allow Staff to hire an environmental consultant to produce an EIR document; the applicant is responsible for the cost of the document and payment is directed to the City before the contract for an EIR is signed. The applicant does not have direct contact with the consultant(s), thus allowing the EIR to be a document reflecting the City s independent judgment. Mr. Locacciato stated Impact Sciences has been in business for 23 years and has prepared EIR documents for cities throughout California. After some discussion about the traffic study, adequacy of police and safety services, Traffic Impact Fees, CEQA regulations and guidelines, and the Urban Decay Study, Mr. Locacciato introduced Roger Dale from the Natelson Dale Group, Inc., the company that prepared the Urban Decay Study. Mr. Dale explained CEQA requires an EIR document to study physical changes of an area or city as a result of a proposed project. Council discussed the Planning Commission s vote on the Final EIR. Representatives for the appellant, Ellen Berkowitz of Mannatt, Phelps, and Phillips, LLP, Jeff Wagner from EDA Design Professionals, and Amelia Nuefeld, Senior Manager of Walmart Public Affairs & Government Relations Department, were introduced and presented a summary of the proposed Walmart Expansion Project. At 10:57 P.M. Council Member Lingl moved to extend the Council Meeting past 11:00 P.M., seconded by Council Member Martner and with a 3 to 2 vote (Council Member Costa and Mayor Linn voting NO), the meeting was extended past 11:00 P.M. Council Member Costa requested a specific end time of the Council Meeting. By a unanimous vote the Council agreed to extend the Council Meeting to 11:30 P.M. Mayor Linn set the Public Comment time to three (3) minutes for each speaker. Public Comment: 1. Robert Jeffers, Dan Soza, Catherine Diaz, Deborah Abdool, Maria Gil, Marty Cabral, Paul Hall, Ann Ruhge, Kelly Hall, and Michael Robinson spoke in support of the appeal. 2. Robert Cuthbert, Doug Phillips, David Schneider, and Traci Wood spoke in opposition to the appeal. Council Member Lingl spoke about the proposed project, urban decay, and his decision process. Mayor Linn asked Ms. Berkowitz about the appellant s decision to go forward with an EIR and the Urban Decay Study. Ms. Berkowitz stated the appellant wanted to provide an EIR and Urban Decay Study for complete disclosure of the proposed project. At 11:32 P.M. Council Member Lingl moved to extend the Council Meeting to 12:00 A.M., seconded by Council Member Martner and with a unanimous vote the Meeting was extended to 12:00 A.M. 01/18/2011 Lompoc City Council /Redevelopment Agency Agenda Page 4 of 5

5 PUBLIC HEARING: (cont d) Mayor Linn asked about estimated leakage of retail sales and food sales. Mr. Dale of the Natelson Dale Group, Inc. explained the method used to estimate retail and food sales leakage. Council Member Starbuck spoke about the Planning Commission s decision to not certify the Final EIR for the proposed Walmart Expansion Project, his reluctance to send the appeal back to the Planning Commission for review, and the legal validity of the submitted Final EIR document, grocery and food sales, small businesses within the City, and asked City Attorney Joseph Pannone if, in his opinion, the Final EIR is legally adequate for the proposed project. Mr. Pannone answered yes, it is his opinion this document is legally adequate. Council Member Martner stated she believes the submitted Final EIR is legally adequate and the appeal must be upheld. Council Member Costa reiterated Council Member Martner s statement. Mayor Linn thanked the consultants, the appellant, and the public for their input and involvement in this project. ACTION: Motion/Second Lingl/Martner. By a unanimous vote, the City Council directed Staff to prepare a City Council Resolution upholding the appeal and certifying the Final Environmental Impact Report (FEIR 09-02). WRITTEN COMMUNICATIONS: None ORAL COMMUNICATIONS: None COUNCIL/REDEVELOPMENT AGENCY REQUESTS, COMMENTS, AND MEETING REPORTS: Council Member Lingl moved to have Staff agendize a presentation from Tim Sales on New Market Tax Credits and present a cost package report, seconded by Council Member Costa and approved by a unanimous vote. ADJOURNMENT: At 11:57 P.M. Mayor/Chair Linn adjourned the Lompoc City Council/Redevelopment Agency to a Regular Meeting at 7:00 P.M. on Tuesday, February 1, John H. Linn Mayor/Chair City of Lompoc ATTEST: Stacey Alvarez City Clerk Date: January 24, /18/2011 Lompoc City Council /Redevelopment Agency Agenda Page 5 of 5