MINUTES Regular Meeting of the Lompoc City Council Tuesday, August 21, 2012 City Hall, 100 Civic Center Plaza, Council Chambers

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1 MINUTES Regular Meeting of the Lompoc City Council Tuesday, August 21, 2012 City Hall, 100 Civic Center Plaza, Council Chambers Final Minutes Approved 09/04/12 OPEN SESSION - 7:00 P.M. Council Members Present: Bob Lingl, Mayor Pro Tempore Dirk Starbuck, and Mayor John Linn. Staff Present: City Administrator Laurel Barcelona, City Attorney Joseph Pannone, City Clerk Stacey Alvarez, Economic Development Director/Asst City Administrator Teresa Gallavan, Management Services Director Brad Wilkie, Library Director Molly Gerald, Civil Engineering Associate III Craig Dierling, Public Works Director Kevin McCune, Utilities Director Larry Bean, and Senior Environmental Coordinator Stacy L. Lawson. Other Present: Anita Friedman, Barbara Holt, Will Schuyler, Pam Wall, Ken Ostini, Fatima Cacho, Carol Benham, and Robert Schmeidke. Anita Friedman gave the invocation and Mayor John Linn led the Pledge of Allegiance. PRESENTATIONS PRESENTED ELSEWHERE: On July 27, 2012, Mayor Linn presented a Proclamation to outgoing FCI Lompoc Warden Linda Sanders, honoring her for her commitment and dedication to providing Outstanding Service as Lompoc Penitentiary Warden. On August 13, 2012, Mayor Linn presented a Proclamation to Ronald V. Stassi in honor of his retirement as Utilities Director for the City of Lompoc. CITY ADMINISTRATOR STATUS REPORT: City Administrator Laurel Barcelona gave a brief update on the most recent meeting of the Oversight Board to the Successor Agency of the Dissolved Lompoc Redevelopment Agency, held Monday, August 20, 2012, stating with a 4-3 vote the Oversight Board denied the Successor Agency s request to place payment obligations for the cost of foreclosure and stabilization of Old Theater property onto the Recognized Obligations Payment Schedule (ROPS), but has agreed to meet on Monday, August 27, 2012, discuss the issue again; and reported the Information Systems Division has activated links for all available videos of Council Meetings beginning from January 2010 to the present on the City s website. Dates older than January 5, 2010, are not available for web viewing as this predates the preparation of the videos for viewing on the web. Copies of these may be available through the City Clerks Office; and announced the 2012 Fire Velo Cycling Club San Francisco by to Los Angeles 2012 Fire Service Cancer Awareness Bicycle Ride will stop in Lompoc at Fire Station 1 on Thursday, August 23, Mayor Linn asked City Attorney Joseph Pannone to help explain the State Assembly Bill 1484 and how it allows the Successor Agency to request funding for the Old Theater Property. Mr. Pannone explained this is a very complex and complicated issue and AB 1484 is a bill enacted by the State, to help clarify problems brought on by State Assembly Bill AB X1 26, (the bill which dissolved all Redevelopment Agencies) and in part allows Cities to request funding to protect assets owned by the now dissolved Redevelopment Agencies. STAFF REQUESTS AND ANNOUNCEMENTS: None Council Member Bob Lingl reported he attended the Dedication Ceremony for the Lodi Energy Center (LEC) Power Plant in Lodi, CA on Friday, August 10, The LEC is owned by the Northern California Power Agency (NCPA) and as a member of NCPA the City of Lompoc will be sharing in the investment and benefits of the LEC. Council Member Lingl thanked previous City Councils and Administrations for their foresight to enter into this joint venture and stated this power plant is a state-of-the-art 300-megawatt power plant and is the cleanest most efficient combined-cycle natural gas-fueled power plant in the State. 08/21/12 Lompoc City Council Minutes Page 1 of 5

2 ORAL COMMUNICATIONS: 1. Lompoc Valley Chamber of Commerce and Visitor s Bureau CEO Ken Ostini gave an update of current Chamber activities, including the Fourth of July Event held at Huyck Stadium at Lompoc High School, Old Towne Market events on Friday evenings that began on July 27, 2012 and run through August 31, 2012, the Chambers Annual Dinner on July 19, 2012, installing the new Board Members and announcing the Chambers Man and Woman of the Year and reported $6, were raised for the purchase of new curtains at the Veteran s Memorial Building, two separate Cash Mob events were held, and expressed his condolences to the Walker family for the sudden and unexpected loss of Al Walker. 2. Pam Wall thanked City Staff for enabling the videos of past Council Meetings to be viewed at the City s website and requested the Agenda include a description of the City Administrator s Update. 3. Will Schuyler spoke about Consent Item No. 3, and asked Council to be sure they are clear about the issues connected to this matter. CONSENT CALENDAR: Mayor Linn stated he would be abstaining for any and all payments made to Smitty s Towing and/or Speedy Lock and Safe. APPOINTMENTS: 1. Approved the expenditures for: Payroll of 08/01/ $1,042, Voucher Register of 07/26/ $305, Voucher Register of 07/27/ $468, Voucher Register of 08/02/ $959, Voucher Register of 08/03/ $545, Credit Refunds of 08/07/ $3, Proposition 84, Integrated Regional Water Management Agreement- Leak Detection. Council approved the Proposition 84 Integrated Regional Water Management Subgrant Agreement between the Santa Barbara County Water Agency and the City of Lompoc, concerning the approved grant funding for the Lompoc Valley Leak Detection and Repair Project; and authorize the City Administrator or her designee to sign the attached Agreement on behalf of the City. 3. California Air Resources Board Green House Gas Cap and Trade. Council adopted Resolution No. 5808(12); authorized the Utilities Director and Electrical Division Manager to be California Air Resources Board (CARB) Green House Gas (GHG) Compliance Instrument Tracking System Service (CITSS) Carbon allowance account users; authorized Staff to open a CARB GHG CITSS account; authorize the UtilitiesDirector and/or the Electrical Division Manager to consign freelyallocated allowances (FAAs) in accordance with the CARB auction consignment strategy contained in this Staff report; and restrict all City CARB GHG CITSS account users from participating in CARB auction on behalf of other non-city entities. Council Member Lingl invited Youth Commissioner Nominee Fatima Cacho to the podium. Ms. Cacho spoke briefly about her experience at the Hugh O Brian Youth Leadership (HOBY) conference she participating in recently. 4. Appointment to Youth Commission (2 Youth unexpired terms ending 1/2013). 08/21/12 Lompoc City Council Minutes Page 2 of 5

3 APPOINTMENTS: (cont d) ACTION: Lingl/Starbuck. By a 4-0 vote (Council Member Costa was absent), the City Council appointed Fatima Cacho and Claudia Carrillo to the Youth Commission for single terms ending January 31, COUNCIL REQUESTS: 5. Response to Santa Barbara County Civil Grand Jury report entitled A Failure of Oversight Lompoc Housing and Community Development Corporation. Management Services Director Brad Wilkie presented the Staff report and recommendations. Mayor Linn asked if there have been any non-profits, vendors or contractors who have defaulted on contracts with the City and how organizations requesting funding or grants through the City are approved to receive funds or grants. Mr. Wilkie stated he did not know of any non-profit nor vendors who have defaulted on contracts with the City other than the Lompoc Housing and Community Development Corporation (LHCDC), further stating the City has several requirements in place to guarantee vendors and/or contractors do not default on the City, including bond and contract guarantees. Human Services Commission Chairperson Barbara Holt explained the Human Services Commission requires all organizations requesting funding or grants must provide a completed application and go through an interview process with the Commission. Council Member Lingl and Council Member Martner spoke against the provided draft response letter. Council Member Martner would like to see all organizations that receive funding from the City and that have a total budget of $50, provide an independent audit of that organization s financial assets to the City before receiving an approval for funding. After some discussion regarding what organizations should be required to submit an independent audit, what is the threshold to requiring an audit, the possible inclusion of a City Policy in the Grand Jury Response Letter, and if the City or the County is responsible for oversight of covenants and maintenance requirements attached to loans and/or grants awarded to non-profit organizations the Council requested public comment. Public Comment: 1. Barbara Holt stated she remembered two non-profit agencies that did default, but the services to the community were not lost because those agencies were able to find other agencies to take over the services and funding. Mayor Linn asked Ms. Holt if she could state the average amount of funding granted by the Human Services Commission. Ms. Holt answered the average grant size is between $2, and $5, and there are approximately twenty-three (23) separate agencies funded annually. Council Member Starbuck asked if the Human Services Commission will begin to monitor nonprofit organizations. Ms. Holt explained the Commission currently does conduct on-site interviews and site visits of the organizations that are granted funding through the Human Services Commission. 2. Terry Hammons spoke about the proposed response letter and suggested Council attach a policy to the final response letter. 3. Pam Wall asked about repercussions to an organization if covenants are broken and expressed concern for tenants at Casa Con Tres stating she believes each tenant has been over charged in rent. 4. Nicholas Gonzales stated multi-layered financing is very complicated and an analysis of the impacts by granting funding or dismissing funding should be completed to help clarify the issue. Redevelopment Coordinator Linda Wertman stated the most stringent requirements are usually the HOME Funding requirements. 08/21/12 Lompoc City Council Minutes Page 3 of 5

4 COUNCIL REQUESTS: (cont d) Item No. 5 Public Comment: City Attorney Joe Pannone explained each organization or individual receiving funding or loans are required to meet all contractual requirements or regulations no matter how many layers of financing are on any given project. Mayor Linn asked Staff if there is a set formula to determine rental amounts for a low income housing project. Ms. Wertman stated the numbers set forth in the Section 8 Housing requirements is what is widely accepted. 5. Joyce Howerton spoke against the drafted response letter stating she would like to see it revised to state the County and City will not allow this to happen again and suggested the Council invite all Board Members of LHCDC to meet and discuss this issue. 6. Carol Benham asked if the City has a separate compliance report outside of the Consolidated Annual Performance and Evaluation Report (CAPER) and the Redevelopment Agency Annual Report. Ms. Wertman explained the Staff presented several reports to Council in the past few years, upon their request, regarding outstanding loans and disposition of funds to LHCDC. 7. Robert Schmeidke expressed his concern about the lack of financial information provided by LHCDC. After a lengthy discussion Council directed Staff to revise the response letter to include an outline or overview of a City policy of improved oversight of compliance issues and the requirement of an independent financial audit provided by the organization which receives funds of $50, or more from the City, the response letter will be presented to Council for review at the September 4, 2012, Regular Council Meeting and the City Policy will be presented at the October 16, 2012, Regular Council Meeting. BREAK: At 9:28 P.M. Mayor Linn announced a break. At 9:41 P.M., the meeting reconvened with all Council Members present. 6. Discussion of Request from the Environmental Education Group, Inc. (EEG) for an extension of time for the submittal of a master plan and pro-forma for the proposed California Space Enterprise Center (CSCE) (Requested by Mayor John Linn). Mayor Linn introduced the item and asked for Council discussion. Council Member Martner spoke against the request for an extension of time stating she has been made aware of another organization interested in pursuing this project and requested Council publish a Request for Proposals. Council Member Lingl stated he is willing to grant this request for extended time and if EEG is unable to provide a valid pro-forma within the granted time frame it would be an opportune time for the other organization to come forward. Council Member Starbuck and Mayor Linn concurred with Council Member Lingl. Council Member Martner reiterated her opposition to this request and expressed disapproval in Council for not publishing a Request for Proposals for the development of this City owned property and will not be voting in favor of the request. Public Comment: None 08/21/12 Lompoc City Council Minutes Page 4 of 5

5 COUNCIL REQUESTS: (cont d) Item No. 6 ACTION: Mayor Linn/Lingl. By a vote (Council Member Marnter voted NO, Council Member Costa was absent), the City Council directed Staff to amend the Exclusive Negotiating Agreement (ENA) with the Environmental Education Group, Inc, (EEG) and granting a sixtyday (60) extension in the requirement for EEG to provide a pro-forma and master plan to the City for the proposed California Space Enterprise Center (CSCE) WRITTEN COMMUNICATIONS: None ORAL COMMUNICATIONS: 1. Will Schuyler thanked City Staff for its quick repair of the sidewalk by the Lompoc Public Library. 2. Robert Schmeidke spoke in favor of the California Space Enterprise Center as proposed by the Environmental Education Group. COUNCIL REQUESTS, COMMENTS, AND MEETING REPORTS: Council Member Lingl reported he attended several meetings and events including meeting with seniors at the new Dick DeWees Community and Senior Center where he received compliments on the new facility, the meals provided to the seniors and the new softer chairs; a meeting to discuss refurbishment of the Veteran s Memorial Building on August 8, 2012 at the Veteran s Memorial Building at 100 East Locust Avenue, Lompoc, the dedication ceremony of the Lodi Energy Center on August 9 & 10, 2012, in Lodi, CA, on August 17, 2012 attended a meeting with the Santa Barbara Foundation and celebrated his 38th wedding anniversary with his wife, attended the demonstration of the newly installed timer system at the Lompoc Aquatic Center on August 18, 2012 and participated in the Oversight Board Meeting on August 20, Council Member Starbuck requested a future agenda item to address the request from the Lompoc Museum Association for landscaping of the gardens at the Museum. City Administrator Laurel Barcelona stated Staff will coordinate with the Lompoc Museum Association Board of Trustees to clarify the request and bring to Council at a later date. With a general consensus, the Council approved Council Member Starbuck s request and directed Staff to bring to Council at a later date. Council Member Martner requested a presentation from Housing Authority of the County of Santa Barbara Executive Director Fred Lamont be placed onto the September 18, 2012 Regular City Council Meeting Agenda. The request was seconded by Mayor Linn and carried by Council Members Lingl and Starbuck. Mayor Linn expressed gratitude to Gene Stevens for his contributions to the Lompoc Valley and dismay at seeing him retire; spoke about the Swearing-In Ceremony for Fire Chief Latipow and Police Chief Ralston; and requested a future Agenda item to begin discussions on how best to proceed with CalTrans to request the bridge on HWY 246 receive funding to upgrade with the installation of a pedestrian walkway, with a general consensus, Council approved the future agenda item request. ADJOURNMENT: At 10:05 P.M. Mayor Linn adjourned the Lompoc City Council a Regular Council Meeting at 7:00 P.M. on September 4, 2012 ATTEST: John H. Linn Mayor City of Lompoc Stacey Alvarez, City Clerk August 31, /21/12 Lompoc City Council Minutes Page 5 of 5