MINUTES OPEN SESSION - 7:00 P.M. Council/Agency Members Present: Cecilia Martner, Ann Ruhge, Bob Lingl, Mike Siminski, and Mayor Dick DeWees.

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1 MINUTES Final Minutes Approved 4/7/09 Regular Meeting of the Lompoc City Council and Lompoc Redevelopment Agency Tuesday March 17, 2009 City Hall, 100 Civic Center Plaza, Council Chambers OPEN SESSION - 7:00 P.M. Council/Agency Members Present: Cecilia Martner, Ann Ruhge, Bob Lingl, Mike Siminski, and Mayor Dick DeWees. Staff Present: City Administrator/Executive Director Laurel Barcelona, Office Staff Assistant III/Assistant Secretary Stacey Alvarez, City Attorney/General Counsel Matthew Granger, Parks, Recreation, & Urban Forestry Director Dan McCaffrey, Planning Manager Lucille Breese, Principal Planner Keith Neubert, Community Development Director Arleen Pelster, Police Chief Timothy Dabney, Utility Director Ron Stassi, and Parks & Urban Forestry Manager Cindy McCall. Other Participants: Frank Thompson, Sue Barnecastle, Bob Holloway, John Linn, John Lawrence, Will Schuyler, Mary Lou Parks, Joyce Howerton, Bob Manning, Barbara Barthel, Judith Grames-Lyra, Matthew Armstrong, Tim Bennett, Victoria Carroll, LeRoy Scolari, Barbara Furia, Doug Carroll, Karl Corser, Robin Hayhurst, Joyce Lippman, Noel Lossing, Donald Buck, Marc Belfortti, Sandra Knight, Tim Durwin, Barbara Macri-Ortiz, Detlev Peikert, Ray Garrett, Joy Browder, and Butch Browder. Mayor DeWees gave the invocation and led the Pledge of Allegiance. PRESENTATIONS: Mayor DeWees presented a proclamation to Patricia Mondragon, Partnership Specialist, U.S. supporting the 2010 Census. Mayor DeWees presented a proclamation to Parks and Urban Forestry Manager Cindy McCall, declaring March 21, 2009, as Arbor Day. Special Olympics presentation by Chief of Police Timothy Dabney (at the request by staff this item was pulled to a future date). Chief of Police Timothy Dabney announced the Police Activities League (PAL) Flying for P.A.L. fundraiser. CITY ADMINISTRATOR/EXECUTIVE DIRECTOR S STATUS REPORT: (distributed as an informational report) STAFF REQUESTS AND ANNOUNCEMENTS: City Administrator Laurel Barcelona advised Council that Consent Calendar Item No. 6 has been pulled at the request by staff due to the contractor not being able to fulfill the contractual obligation, and she announced a correction to Consent Calendar Item No. 3. Mayor DeWees requested Consent Calendar Item #6 be discussed after the last Oral Communication. Council requested staff schedule a Special Meeting Closed Session on March 31, COUNCIL/REDEVELOPMENT AGENCY REQUESTS AND ANNOUNCEMENTS: Council/Agency Member Martner announced two upcoming community meetings on Gang and Crime hosted by Lompoc Police Department, March 19 & 24, She expressed gratitude to the Police Department and the organizers of these meetings. 03/17/09 Lompoc City Council /Redevelopment Agency Agenda Page 1 of 7

2 COUNCIL/REDEVELOPMENT AGENCY REQUESTS AND ANNOUNCEMENTS: (cont d) Council/Agency Member Lingl announced that on the first Wednesday of every month there is a free Nutrition-Learning program for Lompoc Families held at 120 W. Chestnut in Lompoc and that the Veterans of Foreign Wars will host an open house at the Veteran s Memorial Building on Friday, March 20, 2009, from 3:30pm to 5:30pm. Council/Agency Member Ruhge commented on the Community Meetings hosted by the Lompoc Police Department and about the PAL Flamingo Flocking Fundraiser. Council/Agency Member Siminiski requested the City Attorney s Office prepare a resolution acknowledging the City of Lompoc Employee Development Association (EDA) as a recognized official City sponsored organization. Mayor/Chair DeWees stated he had spoken to the Store Manager and the Operations Manager of Home Depot in Lompoc and was reassured that the store is not closing. He requested that the public please call his office with any concerns for local businesses closing or leaving this area. ORAL COMMUNICATIONS: 1. John Lawrence encouraged the Council to keep all public safety funding budgets intact and voiced support for the La Purisima Resort Project. 2. Joyce Howerton requested clarification of and when the Council supported the La Purisima Resort Project 3. Tim Bennett spoke in support of the Ocean Avenue Plaza Project. CONSENT CALENDAR: Motion/Second: Siminski/Ruhge. By a unanimous vote, the City Council/Agency: CITY/RDA 1. Approved Minutes of the Lompoc City Council and Lompoc Redevelopment Agency Regular Meeting of March 3, CITY 2. Approved expenditures for: Payroll of 3/4/09 - $1,134, Voucher Register of 3/6/09 - $485, Voucher Register of 2/27/09 - $1,048, CITY 3. Adopted Resolution No (09) Directing SCI Consulting Group to Prepare the Engineer s Report for Fiscal-Year for the Continuation of Levying the Annual Assessments for the Park Maintenance and City Pool Assessment District No (with noted correction to the staff report). CITY 4. Approved Renewal of an Agreement for Professional Services with Coastal Business Finance (CBF) for Loan Underwriting Services. CITY 5. Accepted Project No. FY-01-W-2, University Water Line Replacement, as complete and instructed the City Clerk to file the required Notice of Completion regarding this project. CITY 6. Approve Appropriation of AB 1600 Funds for Playground Equipment Installation, Analysis of the Ryon Park Arch and Fencing for Ryon and Thompson Parks (pulled by Mayor DeWees to the last Oral Communication). Parks & Urban Forestry Manager Cindy McCall C_mccall@ci.lompoc.ca.us Recommendation: that the City Council: 03/17/09 Lompoc City Council /Redevelopment Agency Agenda Page 2 of 7

3 CONSENT CALENDAR: (cont d) Item No. 6 A) Approve the appropriation of $50,000 for the installation of five (5) playground structures at Thompson, Ryon and Johns Manville (JM) Parks; and B) Approve the appropriation of $28,912 for the installation of 762 linear feet of fencing and support materials for Ryon and Thompson Park ball fields and dugouts; and C) Approve the appropriation of $29,500 for the Structural Analysis, Site Testing, Soils Report, Construction Plans and Construction oversight for the Ryon Park Archway. CITY 7. Adopted Resolution No. 5521(09), vacating Public Service Easements located at the Lompoc Replacement Hospital project, 200 North 7 th Street. CITY 8. Adopted Resolution No. 5522(09), vacating a portion of Public Services Easement located at 1017 West Central Avenue. CITY 9. Approved the MOU regarding the Joint Use of Utility Poles, authorized the Utility Director to execute the MOU on behalf of the City of Lompoc (Lompoc), authorized the Electric Division to apply for membership in the Northern California Joint Pole Association (NCJPA), and authorized the Utility Director to execute the forthcoming NCJPA Membership Agreement. APPOINTMENTS: 10. Library Board of Trustees (1 term ending 01/12). Motion/Second: Mayor DeWees/Lingl. By a unanimous vote, the City Council appointed Holly Sierra to the Library Board of Trustees for one term ending 01/2012. PUBLIC HEARING: CITY 11. Criminal Justice Administrative Fee Adjustment. Police Chief Timothy Dabney presented the staff report and recommendations. Councilmember Ruhge asked staff if a higher booking fee could be charged to female arrestees. Staff explained that the number of females arrested is much lower than males, and that it is more appropriate for staff to just charge one fee amount for every person. Councilmember Lingl acknowledged Staff s diligent work and the support it brings to helping with budget issues. Mayor DeWees asked Staff about the recovery percentage rate on the booking fee charged to arrestees, and supports using an outside collections agency to help recover booking fees. Staff informed Council that the recovery rate varies and the goal is to achieve at least 50% recovery rate. Public Comment: None Motion/Second: Mayor DeWees/Siminski. By a unanimous vote, the City Council adopted Resolution No. 5523(09), increasing the criminal justice administrative booking fee for the City of Lompoc Jail to $ per individual and rescind Resolution No. 4534(96), which previously established a criminal justice administrative fee of ($57.00) to recover expenses incurred in the booking or detaining of arrested persons into the Lompoc City Jail. 03/17/09 Lompoc City Council /Redevelopment Agency Agenda Page 3 of 7

4 PUBLIC HEARING: (cont d) CITY 12. An Appeal, Submitted by Barbara Macri-Ortiz on behalf of Michael Letzt of BJ Gunner Investments, LLC, the Applicant, of the Planning Commission Determination of January 14, The Planning Commission Denied a Conditional Use Permit (CUP 08-05) for Construction of the Ocean Plaza Development Consisting of 78 Residential Units for Seniors and Persons with Disabilities and Approximately 17,330 Square Feet of Commercial Retail/Office/Restaurant Space at 1420 East Ocean Avenue (Assessor Parcel Numbers; , 18). Councilmember Lingl excused himself and exited the Council Chambers. Councilmember Ruhge disclosed she had received two letters. Councilmember Siminski disclosed he received copies of correspondence given to all Councilmembers and one letter, he also stated he spoke to City Attorney Matthew Granger. Councilmember Martner announced she has received two letters and a copy of the correspondence given to all Councilmembers, she further stated that she met with City Attorney Matt Granger and spoke to a couple of Lompoc citizens. Mayor DeWees disclosed he had received all of the same correspondence that each Councilmember received, and that he had spoken to City Attorney Matthew Granger, Planning Manager Lucille Breese, and Community Development Director Arleen Pelster. Mayor DeWees explained to the audience that this public hearing would be a quasi-judicial hearing and described the procedures for this public hearing. Principal Planner Keith Neubert presented staff report and recommendations. Councilmember Ruhge asked Staff to clarify when the Density Bonus Development Agreement would be drafted. Staff stated that the Density Bonus Development Agreement would be drafted if Council approved the appeal, granted the CUP, and directed Staff to draft the agreement. Frank Thompson, Detlev Peeikert, and Barbara Macri-Ortiz presented a Power Point Presentation on behalf of the appellant, which included a copy of a letter of agreement between the appellant and Dr. Harris, Lompoc Veterinary Clinic. Councilmember Ruhge asked about the onsite and 24-hr staff services to be offered at the senior housing, and asked staff to clarify if the City has met its Regional Housing Need Allocation (RHNA) obligations. Detlev Peeikert explained the planned onsite services. Staff informed Council that all current zoning, which does not include this project, fulfills RHNA obligations. Councilmember Martner requested Staff confirm that adequate parking was designated for this project before this meeting. She then asked the appellant representative to clarify why an agreement for additional parking with the Veterinary Clinic was drawn up. Staff replied, there was adequate parking designed into this project. Detlev Peeikert responded and pointed out the common benefit of this agreement to the appellant and the Veterinary Clinic. 03/17/09 Lompoc City Council /Redevelopment Agency Agenda Page 4 of 7

5 PUBLIC HEARING: (cont d) Item No. 12 City Attorney Matt Granger asked the appellant representatives to declare what should be officially added to the record. Barbara Macri-Ortiz stated that all underlying documents from both hearings should be entered into the record. RECESS: At 8:40 P.M., the Mayor/Chair announced a Break. At 8:53 P.M., the meeting was reconvened with all Council/Agency Members present (Councilmember Lingl ABSENT). PUBLIC HEARING: (cont d) Item No. 12 Public Comment: 1. Tim Durwin, Sandra Knight, Donald Buck, Mary Lou Parks, Marc Belfortti, Noel Lossing, Joyce Lippmann, Robin Hayhurst, Karl Corser, Doug Carron, Barbara Furia, Leroy Scolari, Victoria Carroll, and Will Schuyler all spoke in favor of upholding the appeal. 2. Ralph Harmon expressed concern about the added public safety issues with this project and supported the Planning Commission s recommendation to deny the CUP. 3. Matthew Armstrong, Judith Grames-Lyra, Barbara Barthel, Bob Manning, Bob Holloway, Sue Barnecastle, John Lawrence, John Linn, Butch Browder, and Joy Browder spoke in support of the Planning Commission s recommendation to deny the CUP. 4. Barbara Macri-Ortiz spoke in support of the appeal. Councilmember Ruhge requested clarification from City Attorney Matt Granger if the agreement between the appellant and the Veterinary Clinic can be considered in this decision. City Attorney Matt Granger informed Councilmember Ruhge that the agreement has been entered into the record and can be considered in this decision. Council discussion followed regarding site area, size, and topography of the project. Motion/Second: Martner/Ruhge. By a 3 to 1 vote (Mayor DeWees voted NO, Councilmember Lingl ABSENT) to prepare a resolution upholding the Appeal submitted by Barbara Macri-Ortiz on behalf of Michael Letzt of BJ Gunner Investments, LLC, the applicant, of the Planning Commission determination of January 14, 2009, and approving a Conditional Use Permit (CUP 08-05) for construction of the Ocean Plaza Development at 1420 East Ocean Avenue. UNFINISHED BUSINESS: CITY 13. Request for an Agreement for Extra Services for Design Work Related to the Design of the Lompoc Valley Senior Community Center. Parks, Recreation & Urban Forestry Director Dan McCaffrey presented the staff report and recommendations. 03/17/09 Lompoc City Council /Redevelopment Agency Agenda Page 5 of 7

6 UNFINISHED BUSINESS: (cont d) Item No. 13 Councilmember Martner asked Staff how many individuals applied to be on the Ad Hoc Committee and if there is any way to cut cost on this Extra Service Agreement. Staff stated that three applications were submitted to fill the two vacancies on the Ad Hoc Committee and explained that the contractor is very eager to keep costs down and move forward on the project. Councilmember Lingl questioned Staff on the possibility of having a plan submitted by the contractor that would only house a Senior Center. Staff stated that a smaller facility, which is currently in use, would be a huge loss in rental revenue. Public Comment: None Motion/Second: Mayor DeWees/Ruhge. By a unanimous vote, the City Council authorized the City Administrator or her designee to execute an Agreement for Extra Services between the City of Lompoc and Kruger Benzen, Ziemer, Architects, Inc. for additional design work for the Lompoc Valley Senior and Community Center in an amount not-to-exceed $25,000, and a 10% contingency totaling $27,500, and directed the Lompoc Redevelopment Agency to appropriate $27,500 in Redevelopment Funds from bond funding appropriations for the additional design work for the Lompoc Valley Senior and Community Center. NEW BUSINESS: CITY 14. Adoption of Resolution No. 5526(09), Approval of an Application to the State of California For Revolving Loan Funds (Federal Stimulus) for Replacing Digesters During the Upgrade of the Lompoc Regional Wastewater Reclamation Plant. Utility Director Ron Stassi presented the staff report and recommendations Public Comment: 1. Bob Holloway spoke in support of staff s recommendations. Motion/Second: Siminski/Ruhge. By a unanimous vote, the City Council adopted Resolution No. 5526(09), authorized and directed the Utility Director to sign and file, for and on behalf of the City of Lompoc, a Financial Assistance Application for a loan/grant from the State Water Resources Control Board in the estimated amount of $6,000,000, for the design and construction of the Lompoc Regional Wastewater Reclamation Plant aerobic digesters, authorized the Utility Director or his/her designee to certify that the City of Lompoc has and will comply with all applicable state grants/loans received, and authorized the Utility Director or his/her designee to negotiate and execute loan/grant disbursement on behalf of the City of Lompoc. Councilmember Siminski commended Staff for quickly processing all the paperwork necessary to apply for State Revolving Loan Funds to replace the current LRWRP digesters. CONSENT CALENDAR: CITY 6. Approve Appropriation of AB 1600 Funds for Playground Equipment Installation, Analysis of the Ryon Park Arch and Fencing for Ryon and Thompson Parks. Parks & Urban Forestry Manager Cindy McCall presented staff report and recommendations. 03/17/09 Lompoc City Council /Redevelopment Agency Agenda Page 6 of 7

7 CONSENT CALENDAR: (cont d) Item No. 6 Motion/Second: Mayor DeWees/Ruhge. By a unanimous vote, the City Council approved the appropriation of $50,000 for the installation of five (5) playground structures at Thompson, Ryon, and Johns Manville (JM) Parks, the appropriation of $28,912 for the installation of 762 linear feet of fencing and support materials for Ryon and Thompson Park ball fields and dugouts, and to bring back at a future date, the appropriation of $29,500 for the Structural Analysis, Site Testing, Soils Report, Construction Plans and Construction Oversight for the Ryon Park Archway. WRITTEN COMMUNICATIONS: None ORAL COMMUNICATIONS: None COUNCIL/REDEVELOPMENT AGENCY REQUESTS, COMMENTS, AND MEETING REPORTS: Council/Agency Member Lingl requested a presentation from a local Citizen s group be agendized for the April 7, 2009, City Council/Redevelopment Agency Meeting. ADJOURNMENT: At 10:30 P.M. Mayor DeWees adjourned the Lompoc City Council/Redevelopment Agency Meeting to a Special Meeting at 6:00 P.M. on Tuesday, March 31, Dick DeWees, Mayor/Chair City of Lompoc ATTEST: Donna N. Terrones, CMC City Clerk Date: March 31, /17/09 Lompoc City Council /Redevelopment Agency Agenda Page 7 of 7