MINUTES Regular Meeting/Lompoc City Council Tuesday, April 16, 2002 COUNCIL CHAMBERS/100 CIVIC CENTER PLAZA 7:00 P.M.
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1 MINUTES Regular Meeting/Lompoc City Council Tuesday, April 16, 2002 COUNCIL CHAMBERS/100 CIVIC CENTER PLAZA 7:00 P.M. Councilmembers Present: DeWayne Holmdahl, Janice Keller, Will Schuyler, Michael Siminski, and Mayor Dick DeWees. Staff Participants: City Administrator Frank Priore, City Attorney Sharon Stuart, City Clerk Jane Green, Acting Community Services Director Larry Bean, City Planner Arleen Pelster, Civil Engineer Kevin McCune, Family Resources Coordinator Dulcie Sinn, and Battalion Fire Chief Stan Hart. Other Participants: Sue Ehrlich, Ken Radtkey, Yianni Doulis, Dave Pierce, Alice Milligan, C. Dennis Anderson, Ralph Harman, John Rodenhi, W.R. Dildine, and James Reizer. The invocation was given by Pamela Gordon and pledge of allegiance led by Mayor DeWees. PROCLAMATIONS PRESENTED ELSEWHERE: Mayor DeWees announced that a Proclamation for National Volunteer Week, April 21-27, 2002 would be presented at the Chamber of Commerce Annual Mixer for Volunteer Recognition. PRESENTATIONS: A. Mayor DeWees presented proclamations for April to: Family Resources Coordinator Dulcie Sinn for Young Child Month; to Battalion Fire Chief Stan Hart for Earthquake Preparedness Month; to Daralyn Balden of Lompoc Legal Aid for Fair Housing Month; and announced the Proclamation for Earth Day, April 22, In addition, Robert Schrum of the Lompoc Elks Lodge received a Proclamation for Youth Week, May 5-11, B. Status Report on Ken Adam Park Child Development Center. Family Resource Coordinator Dulcie Sinn advised that with a small planning grant, an exploratory study was developed of the feasibility of using City property for child care facilities. Through an extensive collaborative effort, a variety of related uses were discussed and City property adjacent to Allan Hancock Lompoc Campus was identified as a potential site to provide office space for child development professionals, childcare facility, and training for Early Childhood providers. Lompoc Housing Assistance Corporation (LHAC) contracted with Blackbird Architects to design a preliminary site schematic for the subject site. LHAC Executive Director Sue Ehrlich introduced Ken Radtkey of Blackbird Architects who briefed the Council on a slide presentation depicting an overview of the entire site with the location of the proposed new child development center and a preliminary design concept illustrating a park like setting with various buildings for administration, classrooms, and infant care. Public Comment: None. C. Overview of Lompoc Housing Assistance Corporation (LHAC) Projects. LHAC Executive Director Sue Ehrlich briefly commented on one of their projects for family rental units and a low cost infant care center at N. K Street. Ms. Ehrlich reviewed the history and primary goals of LHAC, introduced members of the Board of Directors, highlighted the funding sources for their projects (which has a ratio of 3.7 to every $1.00 the City contributes), and described upcoming projects for , including a large apartment complex planned in conjunction with Lompoc Housing Authority of Santa Barbara County. PRESENTATIONS (Cont d) Page 1 of 8
2 Ms. Ehrlich introduced, Yianni Doulis, representing Blackbird Architects, who reviewed presentation slides for 35 apartment units with landscaped open space, community center, daycare and other amenities. This two-acre site borders G Street between Airport and College Avenues. Public Comment: None. Following brief discussion, City Administrator Frank Priore advised that the Child Development Center is in the predevelopment stage and could be moved on the site near Ken Adam Park. Mr. Priore indicated the project would be addressed by the City Council at a future date. CITY ADMINISTRATOR S STATUS REPORT: (Distributed as an information item.) STAFF REQUESTS AND ANNOUNCEMENTS: COUNCIL REQUESTS AND ANNOUNCEMENTS: 1. Reconsideration of Closure of McLaughlin Road from Dusk to Dawn. Requested by Councilmember Siminski. Acting Community Services Director Larry Bean briefed the Council on the related issues discussed during At that time, the proposal was intended as a means to eliminate illegal dumping of trash, prevent vandalism, and other criminal activities. However, the Vehicle Code prohibits closure of an arterial street and therefore at a Public Hearing on September 19, 2000, the City Council moved to retain the current minor arterial designation for McLaughlin Road rather than designating it as a Collector Street. Parks and Recreation Staff are still supportive of construction of a security gate for nighttime closure and illegal dumping remains a concern. However, he said the Police Department did not find and determine that there is serious and continual criminal activity. The Utility Director did indicate that a fair-weather crossing reconstructed at McLaughlin Road would provide a benefit for recharge of the groundwater basin. Public Comment: None. Councilmember Siminski advised that he had received reports of dumping there, was aware that additional fields are planned for the area, and that through traffic should serve as a deterrent to vandalism. ACTION: After brief discussion, the City Council concurred to accept the report with no action on the temporary closure. Councilmembers Siminski and Keller requested Staff pursue with other agencies consideration of a fair weather crossing. Councilmembers Schuyler and Holmdahl provided historical background on the river crossing. Utility Director Gary Keefe advised that the fair weather crossing will be very expensive and will washout, however, the water recharge benefits will be valuable. Mayor DeWees announced that on Saturday, April 20 the Special Olympics will be held at Vandenberg AFB and there will be a dedication of the new Vandenberg Village Library branch. In addition, the Spring Arts Festival will be held April 26-28, He wished Major General William Looney well on his new assigned as he leaves Vandenberg on May 3. Councilmember Keller asked that there be further discussion of the Ken Adam Park Child Care Development Center in the near future and asked Staff to draft a letter to major oil companies expressing concern about gas prices being higher in Lompoc than neighboring areas. She commended the Lompoc Museum on their dinner of April 15 and also the Allan Hancock Salute to the Arts program that she and Mayor DeWees attended. COUNCIL REQUESTS (Cont d) Page 2 of 8
3 Councilmember Holmdahl expressed concern over a proposal by the Governor regarding zoning and potential to lose local control. He requested a workshop between Planning Commission, Planning Staff and developers. City Planner Arleen Pelster advised that work on the Development Code will be resumed and involvement of the development community and other interested parties will be beneficial in that process. Councilmember Holmdahl also requested Staff return with a Text Amendment to the Zoning Ordinance to allow churches in the Old Town Commercial District with a Conditional Use Permit. One such condition should specify that church uses would be allowed only when it can be demonstrated that the use would provide an activity level appropriate to the Old Town. Churches which are closed during the business week would not be a desirable use of Old Town properties and parking requirements will also need to be addressed. Councilmember Schuyler requested statistics on the impact of Surf Beach closure on local businesses and asked that Staff conduct a workshop for residents to learn the rules and regulations for small remodeling projects. ORAL COMMUNICATIONS 1. Dave Pierce suggested that during the Comcast Cable franchise extension that an effort is made to improve communications with Comcast to address reported problems and for Comcast to involve the community with their programming decisions. The City could review these needs if it should decide to develop its own cable services. He stated that citizens are paying far more for cable services for the level of service they receive. 2. W.R. Dildine spoke regarding the notification procedures for the Consent Calendar Item No. 5 (Cypress Avenue Access Ramps) project and stated that approval of projects this size under State law can be approved by City Staff. He commented on how City Staff could be utilized to develop its own distribution system for a City cable system. 3. Ed Shoemaker stated the Planning Institute Conference was very good and encouraged the City Councilmembers to attend. Councilmember Siminski asked that when the Purchasing Ordinance is updated that the Staff authority level be increased on budgeted projects. Councilmembers Schuyler and Keller briefly commented on the proposed amended City Council Minutes of April 2, CONSENT CALENDAR: ACTION: Motion/Second. Councilmembers Siminski/Holmdahl. Items listed under Consent Calendar were approved on a 4-1 vote (Councilmember Schuyler voted NO). 2. Approved the amended version of the Regular City Council Meeting Minutes of April 2, 2002 Joint Meeting with Airport Commission Minutes of March 12, Approved expenditures for: Payroll of 3/29/02 - $729, Voucher Register of 4/5/02 - $531, Voucher Register of 3/29/02 - $726, Credit Refunds of 3/27/02 - $2, Adopted Resolution No. 4999(02) granting an extension to September 1, 2002 of the Cable Franchise with Comcast Cablevision of Lompoc. CONSENT CALENDAR (Cont d) 5. Adopted the specifications for Cypress Avenue Access Ramps, Project No. FY-01-S-2, as Page 3 of 8
4 required by Section of the Public Contract Code; awarded the Contract in the amount of $58, to M.J. Ross Construction, Inc., 100 Five Cities Drive, Pismo Beach, California and authorized the Mayor to execute the necessary agreements for this Project; and authorized the City Engineer to approve contract change orders, in an amount not to exceed $4,500. RECESS: At 8:20 P.M., Mayor DeWees announced a recess. The meeting reconvened with all Councilmembers present at 8:35 P.M. PUBLIC HEARINGS 6. Appeal submitted by Mark Gowing, representing Pactuco, Inc., for City Council consideration of the Planning Commission action of March 11, 2002 approving a request to allow chain link fencing in the Business Park District (BP) at 1017 West Central Avenue. The Commission added a condition of approval requiring the gates to be constructed of tubular steel or similar material; Mr. Gowing is appealing that condition of approval (Assessor Parcel Number: ). (Planning Division File No. DR 00-02). City Planner Arleen Pelster advised the City Council that fence materials were not included in the application from Pactuco that was approved by the Planning Commission on February 28, However, during the construction phase, the applicant installed a chain link fence with razor wire on top. On January 16, 2002 the Planning Commission reviewed the request to retain the chain link fence and razor wire and the applicant was given additional time to formulate an alternative proposal. The applicant appealed two Conditions of Approval, which were made by the Planning Commission on March 11, These included replacement of existing chain link gates with tubular steel or like material and landscape installation requirements. Jim Reizer, representing Mark Gowing of Pactuco, advised that the expensive fence was installed in response to a theft at their new location and summarized other reported acts of vandalism. Subsequently they removed the razor wire and have developed a plan for landscaping. As a result, they would agree to the Planning Commission Condition #P5 (landscaping). However, they felt the use of the chain link gate was consistent with other facilities in the community. He said the chain link fencing was needed for security and safety and indicated the proposed gates cost $10,000 each. He also offered to install plastic slates in the chain link gate to provide screening. Mayor DeWees advised Mr. Reizer that approval of the final building site permit would not be part of the City Council action. Public Testimony: 1. W.R. Dildine encouraged the City Council to grant the appeal, spoke regarding the appearance of outside switchgear in other locations, and commented on the landscape maintenance. 2. In response to a question from Councilmember Keller, Planning Commissioner Rodenhi indicated the Commission after considering cinder block or something more acceptable to a Business Park, accepted the chain link fence with plant materials to cover the fence. However, they felt gates of different materials more appropriate rather than the current chain link gate. Discussion followed regarding zoning for the old Pactuco site (zoned Industrial) and the new facility, which is in the Business Park District. PUBLIC HEARINGS (Cont d) Item 6 Page 4 of 8
5 Councilmember Siminski reported he had driven by the Pactuco facility to observe the building and setback of the fencing and also viewed other facilities in the community. Because the chain link fence is far from public view and a Business Park should be able to meet different standards than a commercial area he supported the appeal. ACTION: Motion/Second: Councilmember Siminski/Mayor DeWees. Following discussion noted below, the City Council unanimously approved overturning the Planning Commission s decision as requested and amended by Mr. Reizer for the City to eliminate the requirement of Planning Commission Condition of Approval No. P7 (alternative gate materials) and allow the existing chain link gate. Councilmember Siminski stated it was important to allow businesses to provide security with fencing and gates especially in an area where there is a dead-end street and cited other locations where chain link fencing is used. Councilmember Holmdahl spoke in favor of the motion and use of slates in the chain link gate. Councilmember Schuyler said he attended the Planning Commission meeting when their decision was made and understood the Planning Commission s position. He spoke on chain link fencing and gates in other areas of the City, however, encouraged Pactuco to improve the gates in the future. Councilmember Keller noted that the City projects are not always held to the same standards as other facilities. She requested that the Business Park zoning be reviewed in the future. In addition, she objected to the use of slates in the gate that she said would detract from the facility. Discussion followed regarding future circulation to the Lompoc Airport in the vicinity of O Street and Cordoba. Councilmember Keller suggested that if the Pactuco gates became more visible to the public that consideration should be given to modifying them. 7. Text Amendment (TA 02-01)- Consideration and introduction of a Text Amendment to the City s Zoning Ordinance to: a) repeal the definition of Bedroom in Section 7007, b) amend the definition of Lot Line, Front in Section 7016 and Yard, Front in Section 7024, and c) amend the off-street parking requirements for dwelling units in Section If adopted, the Ordinance will be effective Citywide. A Negative Declaration has been prepared for this project in accordance with the California Environmental Quality Act. (CEQA). City Planner Arleen Pelster noted that the report addresses two different components of the Zoning Ordinance. The first section involves repealing the definition of Bedroom and amending the Off street Parking requirements for residential units and the second amends the Lot Line, Front and Yard, Front definitions. Ms. Pelster advised that on July 18, 2000, the City Council adopted Ordinance No. 1455(00), which amended the City s parking requirements for dwellings with more than five (5) bedrooms to require one additional covered off-street parking space for each bedroom over five. As a result of the negative impacts upon new residential construction and home additions, on March 5, 2002 City Council directed staff to prepare a Text Amendment to repeal the definition of bedroom and amend the off-street parking requirements. The second section addresses unique situations where the City Planner will evaluate the orientation of the existing structure to identify the front lot line. Following review of the Text Amendment, the Planning Commission recommended approval of TA Public Testimony: None. ACTION: Motion/Second. Councilmember Holmdahl/Siminski. Councilmember Keller stated her objections to repealing the definition of Bedrooms and amending the off-street parking requirements for which she said the City had spent a great deal of money for consultants. The City Clerk then read Ordinance No. 1469(02) by Title Only. The City Council on a 4-1 vote (Councilmember Keller voted NO) certified the Negative Declaration, waived further reading of the Ordinance, and Introduced PUBLIC HEARINGS (Cont d0 Item 7 ACTION (Cont d) Page 5 of 8
6 Ordinance No. 1469(02) approving Text Amendment TA 02-01, Repealing the definition of Bedroom in Section 7007 and Amending the definitions of Front Lot Line, Front yard, and Parking requirements in Sections 7016, 7024, and 8851 of the Zoning Ordinance. LEGISLATIVE MATTERS Ordinance No. 1469(02) Repealing definition Of Bedroom in Section 7007 and Amending The Definitions of Front Lot Line, etc. Resolution No. 4998(02) Declaring a Public Nuisance by virtue of Weed Growth on Private Property Resolution No. 4999(02) Granting an Extension To September 1, 2002 of the Cable Franchise With Comcast Cablevision of Lompoc, Inc. See under Public Hearings See under New Business See under Consent Calendar UNFINISHED BUSINESS: 8. Expansion of Old Town Pedestrian Enhancement Project. Civil Engineer Kevin McCune highlighted background information for the Old Town Pedestrian Enhancement Project, which on February 4, 1999 the City Council included in the Federal Transportation Improvement Program list of projects. That grant provides for $338,000 in Federal funds with $44,000 City match from Measure D funds. Arcadia Design Landscape Architects developed, following approval by the City Council of the Old Town Specific Plan, an urban design and streetscape concept for the Old Town area. Mr. McCune summarized the proposed expansion of the project and reviewed overhead slides of the project location, original project scope of work, reviewed the various enhancements of amenities, and discussed the three options presented in the staff report. Acting Community Services Director Larry Bean reviewed the funding sources that could be used for the enhanced project and noted by allocating $503,000 from street rehabilitation projects under the proposed Measure D program, the expanded scope of work in Option A could be accomplished. Discussion continued on the possible funding sources. Councilmember Schuyler declared that as a member of the Oddfellows Lodge, which owns the buildings at 101 and 106 ½ East Ocean, he has a minority interest in the property but no financial conflict. Therefore, he stepped down from the Council dais and did not participate. Public Comment: 1. Alice Milligan who said she was a member of the Downtown Revitalization Committee and on the Chamber s Board of Directors spoke in support of Option A. She cited the following reasons for her support: additional funding would not come from the City s General Fund and would not impact street and road projects; the enhanced project would provide for an attractive downtown; and would not require a piecemeal approach as described in Options B and C. 2. Denny Anderson, Lompoc Valley Chamber of Commerce, encouraged the City Council to support Option A and indicated the project would create additional interest in the downtown. UNFINISHED BUSINESS (Cont d) Item 8 (Cont d) 3. Ralph Harman spoke in support of Option A, and inquired about contingency funds and the Page 6 of 8
7 type of pavers proposed. Staff replied that contingencies funds were included in the projected construction costs and that the proposed pavers would provide easy ADA accessibility. ACTION: Motion/Second: Councilmembers: Keller/Siminski. Discussion followed regarding notification of downtown property owners, involving business owners with cleanup of the area, and creating a stimulus for business and property owners to improve their properties. The City Council on a 4-0 vote (Councilmember Schuyler did not participate) directed Staff to complete the design of the Old Town Pedestrian Enhancement Project according to Option A that expands the scope of work; prepare a project with an estimated construction cost of $735,000 and a contingency of $110,000; and make a project funding increase of $503,000 a priority under the Measure D program. Staff advised they would work with the Downtown businesses to communicate the scope of the project and timelines for construction. NEW BUSINESS: 9. Declaration of Public Nuisance and Weed Abatement Order. Battalion Fire Chief Stan Hart reported that the Fire Department had inspected the listed properties noted on the Amended Exhibit A and found noxious or dangerous weeds growing on the reported properties. Properties owners were notified in mid April of the need to abate the nuisance and of the special assessment and liens. Those properties declared by City Council to be a nuisance and subject to seasonal recurrence will receive a second notice warning them of the administrative fee and cost of removal if the property is not cleared before the Public Hearing on May 21, Resolution No. 4998(02) also allows for the abatement of regrowth during the calendar year without additional public hearings. Public Comment: None. ACTION: Motion/Second: Councilmembers Holmdahl/Keller. Following brief discussion about certain parcels that are scheduled for development, the City Council unanimously adopted Resolution No. 4998(02), declaring a public nuisance by virtue of weed growth on private property, pursuant to Government Code Sections ; and set a Public Hearing for May 21, 2002 to allow property owners to show cause, if any, why the nuisance conditions upon their properties should not be abated and costs thereof assessed. WRITTEN COMMUNICATIONS: None. ORAL COMMUNICATIONS: George Stillman stated in light of the efforts to improve the Old Town with the Pedestrian Enhancement Project, efforts should be made to clear the trash from the Swap Meet at Cypress and I Streets. COUNCIL REQUESTS AND COMMENTS: Councilmember Keller requested Staff address the clean-up concerns expressed during the meeting regarding the Swap Meet and other City properties. Councilmember Siminski suggested City Staff should create a more business friendly approach because there is a perception by some developers that Staff does not recognize the negative impact of delays on project costs. He also stated minor deficiencies should be overlooked if they are not discovered when a project is first started. COUNCIL REQUESTS AND COMMENTS (Cont d) Councilmember Schuyler indicated he had heard that delays for the Habitat for Humanity Project reported were due to issues raised at City Hall. Page 7 of 8
8 Councilmember Holmdahl suggested that Mr. Dildine should contact City Staff initially to resolve concerns. Councilmember Keller spoke on behalf of City Staff especially Planning Division because they have been understaffed and have added projects and overall the City Staff is good. ADJOURNMENT: At 10:05 P.M., Mayor DeWees adjourned the meeting to Tuesday, April 23, 2002 for Joint Meetings with Senior Commission at 6:30 P.M. and Beautification and Appearance Commission at 7:30 P.M. Dick DeWees, Mayor City of Lompoc ATTEST: Jane C. Green City Clerk Dated: April 24, 2002 Page 8 of 8
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