MINUTES REGULAR MEETING Lompoc City Council Tuesday, September 7, 2004 6:00 P.M. City Hall/Council Chambers/100 Civic Center Plaza CLOSED SESSION 6:00 P.M. Utility Conference Room Councilmembers Present: DeWayne Holmdahl, Janice Keller, Will Schuyler, Michael Siminski, and Mayor DeWees (except as noted below). ORAL COMMUNICATIONS: None. BUSINESS ITEM: 1. In accordance with Government Code Section 54956.9(b)(1), the City Council met with the Assistant City Attorney regarding significant exposure to litigation in one case. The Community Development Director and City Planner were also present. 2. In accordance with Government Code Section 54957(b)(1), Council evaluated the performance of the Parks and Recreation Director. 3. In accordance with Government Code Section 54956.9(b)(1), Council met with the Assistant City Attorney and with Special Counsel Katherine E. Stone, Esq., regarding significant exposure to litigation in one case. The Community Development Director, City Planner, and City Administrator were also present. (Mayor DeWees did not participate in Closed Session Item 3 due to a conflict of interest). OPEN SESSION 7:15 P.M. Council Chambers Councilmembers Present: DeWayne Holmdahl, Janice Keller, Will Schuyler, Michael Siminski, and Mayor Dick DeWees. Staff Participants: City Administrator Gary Keefe, Assistant City Attorney Matt Granger, City Clerk Jane Green, Assistant to the City Administrator Laurel Barcelona, Police Captain Tim Dabney, PEG Executive Director Bryan Miller, and City Planner Lucille Breese. Other Participants: Dave Pierce, Vic Baker, Charissa White, Terry Hammons, George Johnson, Joyce Howerton, Walter Taylor, John Spooner, Jeff Wynne, Kristopher Brock, Sheri Hullinger, Gilbert Hullinger, Karin Powers, Howard Morseburg, Katherine Stone, Jim Dixon, Richard Monk, James Wilson, Bill Henry, Ralph Harman, Lisa Bodrogi, Christie McAvoy, and Alice Milligan. Bernie Federmann gave the invocation and Mayor Dick DeWees led the pledge of allegiance. PROCLAMATIONS PRESENTED ELSEWHERE: Proclamations were presented on August 29, 2004 by Councilmember Keller to Mary AlKhaja, Diane Betts, and Joan Leon, recipients of North County NOW s Women s Equality Day awards for 2004. Mayor DeWees presented proclamations previously to Connie Clancy for Good Neighbor Day, September 1, 2004, and to the Community Recovery Network for National Alcohol and Drug Addiction Recovery Month, for September 2004. PRESENTATIONS: Mayor DeWees and Chief of Police Bill Brown presented a Certificate of Recognition for Service in Iraq to Lompoc Police Officer Sean M. Gowing, who is a U.S. Marine Corps Reserve Corporal. Page 1 of 9
CITY ADMINISTRATOR S STATUS REPORT (Distributed as an informational report.) STAFF REQUESTS AND ANNOUNCEMENTS: City Administrator provided a status report on a fire near the Northern California Power Agency Geothermal Steam Fields Plant. COUNCIL REQUESTS AND ANNOUNCEMENTS: 1. History of Term Lengths for City of Lompoc Boards, Commissions, and Committees. (Requested by Councilmember Siminski) Assistant to the City Administrator Laurel Barcelona presented the Staff report. Councilmember Siminski stated he objected to term limits and recommended Staff prepare the necessary documents to remove this limitation. Councilmember Keller stated she objected to lifting the term limits on all of the boards. Public Comments: Dave Pierce spoke in support of elimination of term limits for advisory body members. ACTION: Motion/Second: Siminski/Holmdahl. By a 4-1 vote (Councilmember Keller voted NO), the City Council directed Staff to return with the amendments to the applicable ordinances and resolutions that would remove the term limit requirements for all City Boards, Commissions, and Committee members. 2. Status Report on La Purisima Highlands Landscaping and the Pending Issuance of the last four Certificates of Occupancy. (Requested by City Council at the August 17, 2004 meeting.) City Administrator Gary Keefe presented the Staff report. Public Comment: 1. Vic Baker requested that the City approve the final homes in the La Purisima Highlands project, stated he believed Granite was working to resolve the homeowners concerns, and commented on the stability of slopes. 2. Charissa Kier stated she represents the developer of La Purisima Highlands and asked the Council to release the last four certificates of occupancy. She described the landscaping efforts of Granite Homes and the meetings held with the Homeowners Association. 3. Carolyn White expressed concern regarding the weeds and condition of the back slope. 4. Terry Hammons stated that the slopes might not withstand a heavy rainfall and the developer should address this matter. ACTION: Motion/Second: Keller/Holmdahl. By a unanimous vote, the City Council directed the City Administrator to follow normal City procedures and pertinent law. Councilmember Keller announced that Fred Bock had passed away and recognized him as a great civic leader. In response to Councilmember Keller s inquiry, City Staff advised that the Housing In- Lieu Fee program is scheduled for Council consideration at the next meeting. Councilmember Keller requested Staff prepare a letter to the Mission County Formation Commission for the next agenda, Page 2 of 9
COUNCIL REQUESTS AND ANNOUNCEMENTS (Cont d) objecting to splitting the City into two supervisorial districts. She also requested a status report on whether a housing loan program for police officers is feasible and what would be required to implement such a program. In addition, she asked that the Youth Directory be returned to Staff and the Youth Commission for additional work. She suggested other activities should be included such as the Lompoc Pops Orchestra, Lompoc Concert Association, and Civic Theater, etc. Councilmember Keller advised that a report on the proposed State reorganization includes a recommendation to include CalTrans as part of the Department of Infrastructure. Councilmember Holmdahl noted the upcoming anniversary of 9/11. He reported that the City Administrator s status report includes the current construction schedule for the Aquatic Center. Councilmembers Holmdahl and Schuyler and Mayor DeWees commended the Lompoc Police Department on the Auto Show that benefited Special Olympics. Mayor DeWees reported he participated in a worthwhile Civic Leaders Tour of Space Command and the Air Force Academy. ORAL COMMUNICATIONS 1. Dave Pierce spoke in support of including CalTrans as part of a proposed State Department of Infrastructure. He announced a Forum for City Council Candidates on Tuesday, September 14 at 7:00 P.M. on Channel 22. 2. George Johnson provided Staff with a laser pointer for public speakers to use at the podium. 3. Joyce Howerton announced an informal Town Hall meeting on September 13 at 7:00 p.m. to discuss public safety. She said the information gathered would be presented to the Public Safety Commission. 4. Walter Taylor inquired what actions the City had taken to control mosquitoes on private property, inquired about the City s response to the Santa Barbara County Grand Jury report on this issue, and asked if the City would become part of the Vector Control District. Mayor DeWees asked for an update on this issue. City Administrator Keefe responded that the City had replied to the Grand Jury and would provide Council with additional information. CONSENT CALENDAR: ACTION: Motion/Second: Siminski/Holmdahl. By a unanimous vote, the City Council: 3. Approved the Minutes of the Regular Meeting of August 17, 2004. 4. Approved expenditures for: Payroll of 8/27/04 (FY 04-05) - $1,030,750.19 Payroll of 8/13/04 (FY 04-05) - $889,777.40 Voucher Register of 8/27/04 (FY 04-05) - $884,420.95 Voucher Register of 8/20/04 (FY 04-05) - $445,058.02 * Voucher Register of 8/13/04 (FY 04-05) - $549,181.32 Voucher Register of 8/12/04 (FY 03-04) - $201,292.36 Credit Refunds of 8/30/04 (FY 04-05) - $2,440.25 Manual Checks for 6/4/04-6/30/04 (FY 03-04) - $53,406.32 *(Councilmember Schuyler did not vote on Check No. 245018 for $480.00 payable to Miller Landscape & Maintenance.) Page 3 of 9
5. Ordinance No. 1499(04) Amending the City Zoning Map Designation for the Seabreeze Estates Project Southern Parcel (Assessor Parcel Number 93-070-63). (Councilmember Keller pulled this item for discussion prior to Agenda Item 11.) CONSENT CALENDAR (Cont d) 6. Resolution No. 5191(04) Affirming the appeal of Richard Monk regarding the Planning Commission recommendation for Denial of a Zone Change. (Councilmember Keller pulled this item for discussion prior to Agenda Item 11.) 7. Approved the award of a contract to purchase one 2004 Caterpillar IT28G (Integrated Toolcarrier), Front-end Loader from Quinn Equipment Company of Santa Maria in the amount of $118,438.00; authorized the Purchasing and Materials Manager to issue a Purchase Order for same; and approved a Budget Adjustment, which provides funding for the Front-End Loader. 8. Authorized the Mayor to execute the First Amendment to Engineering Consultant Service Agreement with Garing Taylor & Associates, CS-03-W-1 for services during construction of the Water Administration Building Project and Water Treatment Plant Addition Project, which increased the contract by $75,000, for a revised total compensation not to exceed $278,569.00 and approved the revised project funding Budget Adjustment. PUBLIC HEARINGS: 9. 2004 Local Law Enforcement Block Grant (LLEBG) Police Captain Tim Dabney presented the Staff report and recommendations. Public Testimony: None. ACTION: Motion/Second: Schuyler/Siminski. By a unanimous vote, the City Council approved the LLEBG Advisory Board s recommendations for expenditure of the 2004 LLEBG funding from the United States Department of Justice, Bureau of Justice Assistance; authorized the City Administrator or his designee to sign all necessary documents associated with the drawing down of the grant award; and authorized use of $1,282 from unappropriated General Fund Reserves as matching funds to obtain the $11,535 in federal monies that are available in this grant award. 10. CONTINUED PUBLIC HEARING FROM AUGUST 3, 2004 Adoption of Public, Education, and Government (PEG) Cable Television Access Operating Budget for FY 03-04 and FY 04-05, Fees and Charges, and Policies and Procedures. City Administrator Gary P. Keefe presented the Staff report and recommendations. Council discussion followed regarding suggested minor changes to the Polices and Procedures and on the make up of the Board. Public Testimony: 1. John Spooner distributed information to the Council asking that PEG Board include representatives from Education and Public access. 2. Jeff Wynne thanked the City Council and Staff for adjusting the PEG budget, asked that the Council consider a PEG Board of 7 to 9 members comprised of School District representatives from both cities, Allan Hancock College, and a Public Access producer for broader representation and participation. 3. Kristopher Brock thanked Council and Staff for their efforts with regards to PEG. He felt that the public had not had enough opportunity to be included in the review process. Page 4 of 9
4. Sheri Hullinger asked the Council to consider the Public access groups and encouraged the City to promote PEG. PUBLIC HEARINGS (Cont d) Item 10 (Cont d) 5. Gilbert Hullinger objected to not having a PEG producer or volunteer on the PEG Board and supported a 7 member Board. He expressed concern that commingled funds could result in the City not having funds available when the studio is eventually moved to another site. He asked that the limitation on the number of airings per show be increased. 6. Karin Powers supported adding PEG representatives to the Board and recommended shows be aired at least 4 times per week on scheduled dates. 7. Howard Morseburg supported a 7 member Board with two PEG producer/volunteer representatives. 8. Dave Pierce stated that producers should have input to the PEG Board. 9. Walter Taylor suggested a program on the West Nile Virus should be produced for PEG and that City, Vector Control, and County Public Health Staff could respond to questions from citizens. City Administrator Gary Keefe responded to some of the comments. Council discussion followed on conflict of interest concerns if PEG producers served on the PEG Board. Councilmember Keller commented on the need to publicly notice the PEG Board meetings and recommended that a PEG producer serve as a non-voting Ex Officio member, that the PEG Board consider increasing the number of airings per week for the shows, that the City Administrator appoint a staff person, which can be himself, and that, at least initially, the City Council appoint the public representative as referenced in the recommendation. Executive Director Bryan Miller commented on the airing of shows, which should take into consideration fairness and prime time. Councilmember Holmdahl suggested City Departments have once a week or monthly shows regarding various City programs. ACTION: Motion/Second: Keller/Siminski. By a unanimous vote, City Council adopted Staff s recommendation with the suggestions recommended by Councilmember Keller. Specifically, the City Council: A. Adopted the PEG Operating Budget, for FY 03-04 and FY 04-05; B. Adopted Resolution No. 5183(04) establishing fees and charges (Exhibit 1) for the operation of the Lompoc PEG Access Studio; C. Adopted Policies and Procedures for the operation of the Lompoc PEG Access Studio and authorized the Cities of Lompoc and Santa Maria PEG Board representatives to modify the Policies and Procedures as needed in the future. D. Authorized the City Administrator to appoint one staff person (or himself) as a Lompoc representative in accordance with the September 2, 2003 Memorandum of Understanding (MOU) between the City of Lompoc and the City of Santa Maria; E. Determined that the City Council will appoint a member of the public who is a resident of the City of Lompoc to be Lompoc s second representative in accordance with the September 2, 2003 Memorandum of Understanding between the City of Lompoc and the City of Santa Maria, which representative shall be neither a Comcast employee, nor a PEG producer, volunteer or affiliate; Page 5 of 9
PUBLIC HEARINGS (Cont d) Item 10 (Cont d) F. Directed the Lompoc PEG Board representatives to: a. Include, in the bylaws that they create, a fifth, at-large public representative who is a resident of either City to be nominated by the four representatives and appointed by both City Councils, which representative shall be neither a Comcast employee, nor a PEG producer, volunteer, or affiliate. b. Include, in the bylaws that they create, an ex-officio, non-voting member. The PEG producers would be allowed to select from amongst themselves someone to sit as a non-voting member of the PEG Board. c. Develop an in-lieu payment program that, in the case of financial hardship for Lompoc Studio individual members, allows the individuals to volunteer a certain number of hours on someone else s production, or in work around the studio, in-lieu of paying annual membership fees and workshop fees. d. Clarify in the Policies and Procedures document that training workshops are voluntary for individuals with demonstrated competence. e. Assure that adequate funding is included in the budget to advertise the existence of TAP TV. RECESS: At 9:20 P.M. the Mayor announced a Recess. The Meeting reconvened at 9:30 with all Councilmembers present except Mayor DeWees. (Mayor DeWees did not participate in the following items due to a conflict of interest. Mayor Pro Tempore Janice Keller was the presiding officer for these items of business.) CONSENT CALENDAR (Cont d) Items Related to Seabreeze Estates Project. Item 5: Ordinance No. 1499(04) Amending the City Zoning Map Designation for the Seabreeze Estates Project Southern Parcel (Assessor Parcel Number 93-070-63). Public Comment: None. ACTION: Motion/Second: Holmdahl/Siminski. By a 3-1-0 vote (Mayor Pro Tem Keller voted NO; Mayor DeWees did not participate) City Council approved Ordinance 1499(04) Amending the City Zoning Map Designation for the Seabreeze Estates Project Southern Parcel (Assessor Parcel Number 93-070-63). The Zoning Map is amended from Single Family Residential (7-R-1) to Single Family Residential Planned Development (R-1, PD) and Open Space (OS) (Planning Division File No. ZC 01-02), to be effective October 8, 2004. Item 6. Resolution No. 5191(04) Affirming the appeal of Richard Monk regarding the Planning Commission recommendation for Denial of a Zone Change. Public Comment: None. ACTION: Motion/Second: Siminski/Schuyler. By a 3-1-0 vote (Mayor Pro Tem Keller voted NO, Mayor DeWees did not participate) City Council adopted Amended Resolution No. 5191(04) Granting the appeal of Richard Monk regarding the Planning Commission s recommendation for denial of a Zone Change. The zone for the Seabreeze Southern Parcel was changed from Single Family Residential (7-R-1) to Single Family Residential, Planned Development (R-1, PD) and Open Space (OS). (Planning Division File No. ZC 01-02; Assessor Parcel No. 93-070-063) Page 6 of 9
PUBLIC HEARINGS (Cont d) 11. CONTINUED PUBLIC HEARING FROM AUGUST 17, 2004 Seabreeze Estates Residential Project - A request by DS Ventures for City Council review of the Planning Commission's recommendations regarding the revised Seabreeze Estates project for 150 single-family residences on 39.43 acres southeast of the intersection of Central Avenue and Bailey Avenue. Assessor Parcel Number 93-070- 063 (Southern Parcel). Northern Parcel Withdrawn by Applicant On August 23, 2004, Richard Monk of Hollister and Brace, representing DS Ventures, LLC, withdrew their current plan for the Seabreeze Northern Parcel, therefore, the City Council will take no action on the Northern Parcel at this time. City Planner Lucille Breese presented the Staff report and recommendations and introduced Katherine Stone as the City s legal counsel. Council discussed the condition that the secondary road is still a requirement for the Southern Parcel even though the applicant withdrew the Northern Parcel proposal. Public Testimony: 1. On behalf of DS Ventures Project Engineer Jim Dixon highlighted some of the conditions for the project, which he said would insure the project is built in a reasonable manner. 2. Attorney Richard Monk advised that DS Ventures has a fully executed purchase agreement with the Bailey family to purchase a 40-acre parcel, which has a 180-day escrow period. 3. James Wilson, Hatch & Parent, representing the Bailey family farm confirmed the parties have entered into an agreement. He stated his clients reserved all rights to bring a CEQA challenge to the project. 4. Bill Henry stated his concerns over the wetlands area, which has been used as an illegal dumpsite and includes items, which could harm children such as old farm parts, batteries, pesticides, etc. 5. Ralph Harman noted that with the removal of the Northern Parcel, the Tentative Subdivision Map no longer has a park. Council discussion followed regarding clean up of the property prior to construction. City Planner Lucille Breese advised that Solid Waste staff has contacted the property owner to address the illegal dumping, however, there were no existing conditions of approval required to clean the property prior to construction. It is, however, subject to weed and other abatement programs as permitted. The Mitigated Monitoring Program addresses clean up of the wetlands. Project Engineer Jim Dixon advised the property owners intend to go in and remove the debris including a car body, etc. Discussion continued on the conditions of approval, length of escrow for the 40-acre parcel, and the Permit Streamlining Act requirements. Project Attorney Richard Monk advised that under the offsite agreement another alternative is to pursue a private road, which does not require annexation. RECESS: At 10:10 P.M. Council adjourned to continue discussion of Closed Session Item 3 as listed on the City Council agenda. Page 7 of 9
PUBLIC HEARINGS (Cont d) Item 11 (Cont d) At 10:35 P.M. the meeting reconvened with all Councilmembers present except Mayor DeWees. Richard Monk stated escrow opened on September 3, 2004 and the Purchase Agreement provides for a closing date of 180 days following effective date of August 27, 2004 or the next business date thereafter. Mr. Monk proposed that there be a condition placed on the Vesting Tentative Map that the applicant must acquire the 40-acre parcel for the North Avenue extension within 150 days of the Certification of the Environmental Impact Report (EIR). If that condition is not satisfied, the Vesting Tentative Map must be returned to the City Council for reconsideration of the Vesting Tentative Map. Mr. Monk asked Council to take final action at the meeting or as soon as possible and provide conceptual approval. Councilmembers expressed their concerns that the developer must own the property needed to extend North Avenue prior to Council s action on the project. Councilmember Keller also noted she had other concerns besides North Avenue. ACTION: Motion/Second: Holmdahl/Siminski. By a 4-0 vote (Mayor DeWees did not participate), the Council directed staff to prepare the necessary documents for City Council consideration on October 5, 2004 to require the developer to acquire a deed to the proposed North Avenue extension property within 150 days of the Certification of the EIR. Extension of Adjournment Time: ACTION: Motion/Second: Schuyler/Holmdahl. By a 4-0 vote (Mayor DeWees did not participate), the Council agreed to extend the meeting past 11:00 P.M. Mayor DeWees assumed the Chair of the meeting. NEW BUSINESS: 12. HISTORIC PRESERVATION DISTRICT AND ORDINANCE (TA 04-01) City Planner Lucille Breese presented the Staff report and recommendations, and introduced Lisa Bodrogi and Christie McAvoy who responded to questions concerning the proposed Historic Preservation District. Public Comment: 1. Alice Milligan supported creation of an Historic Preservation District, which she said would provide financial assistance to help preserve the Old Town and other areas. 2. Ralph Harman objected to spending $69,000 on the proposal and stated the Redevelopment Agency had other projects that needed more attention. Councilmembers Keller and Siminski objected to spending money on the proposal at this time. ACTION: Motion/Second: Holmdahl/DeWees. By a 3-2 vote (Councilmembers Keller and Siminski voted NO), the City Council authorized staff to make the necessary allocations to fund the contract with the consultants to continue the services of Ms. Bodrogi with Urban Planning Concepts (for an additional cost of $9,000), authorized Staff to sign a contract (for a cost of $57,680) with Historic Resources Group (HRG) to prepare the required survey; and directed Staff to return with the results of the survey and a recommendation on how to proceed to the next step in creating an appropriate historical program for the City of Lompoc. Page 8 of 9
WRITTEN COMMUNICATIONS: None. ORAL COMMUNICATIONS: 1. Ralph Harman suggested the City Council should revisit the Solid Waste Ordinance charges for the landfill because citizens are dumping or leaving solid waste materials in the alleys instead of taking them to the landfill. Mayor DeWees highlighted the solid waste programs available to the public and encouraged citizens to take pride in their community. COUNCIL REQUESTS AND COMMENTS: Councilmembers Siminski and Schuyler stated they would attend the Annual League of California Cities Conference in Long Beach. ADJOURNMENT: At 11:38 P.M., Mayor DeWees adjourned the meeting to the Regular Meeting of September 21, 2004 at 7:00 P.M. in the Lompoc City Hall Council Chambers. Dick DeWees, Mayor City of Lompoc ATTEST: Jane C. Green City Clerk Dated: September 10, 2004 Page 9 of 9