Ojai City Council Minutes of the Regular Meeting of January 9, 2007, 7:30 pm
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ROLL CALL
On a call of the roll the following Council Members reported present: Steve Olsen, Rae Hanstad, Sue Horgan, Joe DeVito and Carol Smith. Also present were: City Manager, Jere Kersnar; City Attorney, Monte Widders; Public Works Director, Doug Breeze; Senior Planner, Katrina Rice Schmidt; and City Clerk, Carlon Strobel.
PLEDGE OF ALLEGIANCE
INVOCATION Moment of Silence
PUBLIC COMMUNICATIONS
George Berg, Ojai Valley Land Conservancy, thanked the Council for their positive vote on the million dollar State grant which will permit further flood water improvements on the Ojai Meadow Property.
Mr. Berg introduced Fred Fox, Executive Director for the Ojai Valley Land Conservancy.
Dennis Leary discussed the importance of public communication.
Demitri Corbin, Educational Visiting Peachtree Theatre Company, provided Council with a report regarding artistic opportunity, venue, outreach programs and the difficulties encountered. Mr. Corbin advocated the establishment of an Ojai charitable trust for the arts.
Mayor Smith recommended that this issue be brought before the Arts Commission.
Mark Andrizzi commended Ojai for being a dog friendly town and suggested Ojai establish a dog park.
Pete LaFollette advocated the promotion of Arts in Ojai and expressed the desire for a better understanding of the City’s fiscal issues.
Julie Tumamait requested that community members and planning staff be aware and report to the Native American community any burials, cultural resources and/or artifacts located on private property. Ms. Tumamait advocated using local Native Americans when determining monitoring and mitigation strategies.
Nathanial Wolper commented on needed road repairs.
1. CONSENT CALENDAR
a) Motion to approve the reading by title only of all ordinances and resolutions. Said ordinances and resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
RECOMMENDATION: Approve.
b) Warrants for December 14 and 28, 2006 and Payroll warrants for December 21, 2006 in the amount of $755,158.05.
RECOMMENDATION: Authorize payment.
Ojai City Council Minutes of the Regular Meeting of January 9, 2007, 7:30 pm
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c) Minutes of the Ojai Parks and Recreation Commission meeting of November 2, 2006.
RECOMMENDATION: Approve as submitted.
d) Minutes of the Ojai Planning Commission meeting of November 15, 2006.
RECOMMENDATION: Receive and file.
e) Treasurer’s Monthly Report of Investments for the City of Ojai and the Redevelopment Agency for November 2006.
RECOMMENDATION: Receive and file.
f) Ratification of Appointments to Ventura County Area Agency on Aging Advisory Council
RECOMMENDATION: Ratify the appointment of Bret Breton, delegate, and Sylvia Park, alternate, to the Ventura County Area Agency on Aging Advisory Council.
g) Change in Building Standards to Require Fire Sprinklers for New and Remodeled Residences
RECOMMENDATIONS:
1. Read by title only the proposed Ordinance amending Ojai Municipal Code Section 9-1.902 to include the amended building standards adopted by the Ventura County Fire Protection District (VCFPD); and
2. Pass the ordinance to its second reading and direct staff to schedule a Public Hearing to be held on January 23, 2007.
MOTION: Council Member Horgan moved and Council Member Hanstad seconded to approve the Consent Calendar as submitted.
The result of the vote:
AYES: Hanstad, Horgan, DeVito, Smith, Bury
NOES: None
ABSTAIN: None
ABSENT: None
DISCUSSION
2. City of Ojai Comment Letter on the Proposed Diamond Rock Sand and Gravel Mine and Processing Facility Located in Unincorporated Santa Barbara County
City Manager Kersnar and Senior Planner Schmidt presented an overview of the staff report.
Public Comments
The following persons spoke in opposition to the current level of use and any increase in the level of use by sand and gravel trucks of Highway 33:
Ojai City Council Minutes of the Regular Meeting of January 9, 2007, 7:30 pm
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Dave Catlett
Bob Walker
Shari Ann Cate
Mark Crane
Jerry Kaplan
Len Klaif
Anita Hendricks
Dr. Bob MacMahan
Dennis Leary
Mark Andrizzi
Sasha Letterman
Nathaniel Wolper
Selem Sandoval
The following points were emphasized:
Negative impacts on roadways;
Air pollution;
Loads should be covered with a tarp;
Truck weight;
Associated debris;
Non-compliance of limited hauling hours;
Safety issue for school children and seniors;
Excessive truck speeds;
Trucks unable to stop;
Dangerous conditions for bikers/pedestrians;
Spills and/or accidents could close highway;
Highway 33 is major access in emergencies;
Evacuation concerns if road becomes unstable or damaged;
Highway 33 was not designed for heavy truck traffic – it has many curves and is very steep;
Independent truck drivers have no restrictions as to weight of load, maintenance of vehicle, safe driving speeds or using La Luna and Rice Roads as alternate routes during restricted hours;
Noise pollution (Jake brakes);
Enforcement of Conditional Use Permits;
More public awareness; and
Scenic highway
City Attorney Widders mentioned that under CEQA anyone writing to the Santa Barbara Board of Supervisors and requesting special notice of any public hearings on this project must be notified of any such hearings.
Council Comments
Council Member Horgan requested that staff look into strengthening City ordinances regarding the highway in front of Nordhoff High School. She noted the problem of the highway being a state highway which argued for the fact that Audra Strickland, CalTrans and the Governor of California should be involved.
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Council Member Olsen emphasized the need for enforcement of existing restrictions. He noted that to ensure the safety of students, schools have certain times when truck trips are restricted. For example, during the closure time between 11:00 am to 12:45 pm trucks are not suppose to use the highway in front of Nordhoff High School.
Council Member Olsen suggested the City “just say no” to the proposed mitigation plan.
Mayor Pro Tem DeVito expressed concerned regarding the speeds at which trucks travel in front of Nordhoff High School. He stated that if a truck needed to brake for people crossing the highway, it could never stop safely.
Regarding the proposed draft mitigation, Mayor Pro Tem DeVito recommended contacting Santa Barbara County Supervisor Brooks Firestone (Ojai’s Assemblyman for many years), and he encouraged citizens to contact the Santa Barbara Board of Supervisors to stress the importance of making a plan as restrictive and as strong as possible to protect the Ojai Valley.
Council Member Hanstad reported that the Casitas Municipal Water District was prepared to write a letter in opposition to the proposed mitigation.
Council Member Hanstad agreed with Council Member Olsen to “just say no”. She does not think mitigation could be strengthened enough to offset the damage to Ojai’s quality of life, the danger, the noise or the impact on air quality.
Council Member Horgan stated that the impacts were unacceptable and could not be mitigated. She recommended that Ojai take a very strong stand and oppose the permit.
Council Member Horgan suggested we insist that the Counties of Ventura and Santa Barbara work together to review the cumulative impacts of all the mining operations. She further suggested that the City insist on help and support from Supervisor Steve Bennett, the County of Ventura Board of Supervisors; the U.S. Forest Service, Audra Strickland, CalTrans, the Governor, Sheriff Bob Brooks, school districts, hospitals, the Chamber of Commerce, Villanova and all bike groups. She encouraged mounting large campaigns for vigorous enforcement on the trucks at their current level of highway use and oppose increased truck trips through the Ojai Valley.
Council Member Horgan requested staff to get together with Captain Norris, Ojai Police Department, and Sheriff Bob Brooks, Ventura County Sheriff’s Department, and figure out ways to make it uncomfortable for the trucks to come through Ojai.
Mayor Smith asked if the Santa Barbara County Board of Supervisors could include as a condition of approval that the trucks not be routed through the Ojai Valley.
Mayor Smith asked about enforcement issues. Capt. Norris responded that the existing truck traffic was manageable by the Ojai Police Department. He added that if the truck traffic were to increase the Ojai Police Department could not provide the enforcement required with the existing staff.
Ojai City Council Minutes of the Regular Meeting of January 9, 2007, 7:30 pm
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Council Member Horgan asked if the Ojai Police Department could enforce the existing time restrictions on trucks. City Manager Kersnar noted that the restrictions had been set up with fundamentally no way of enforcement.
Council Member Horgan added that she would like staff to look into vigorous enforcement of restrictions on the trucks that are going through the valley now, regardless of the current proposal.
City Manager Kersnar responded that mining companies should pay for an independent third person to monitor and have citation power. Essentially, a County Code Enforcement Officer who could cite violations and the penalties related to those violations, up to and including suspension or pulling the company’s conditional use permit.
Mayor Smith stated that in addition to a letter from staff, a very strong letter signed by all the Council Members in opposition to the proposed CUP was in order.
Council Member Olsen noted that Ozena’s permit expired in July and asked if they had a current permit or extension. City Planner Schmidt replied that Ozena was going through the process to extend their conditional use permit. No public hearing had been set. Council Member Olsen emphasized that everyone would have a chance give input and voice the need for strong mitigation and restrictions on the conditional use permit when public hearing were scheduled.
Council Member Hanstad suggested that someone with wide reaching connections to the faith community might encourage the churches and/or their preschools to weigh in and oppose increased trucking activity within the Valley.
3. Asphalt Concrete Overlay Project PW 2006-03
Public Works Director Breeze presented an overview of the staff report.
Council Member Hanstad asked to be reminded of the condition of North Signal Street from Summer Street to Grand Avenue and how that section fit into the total plan.
Public Works Director Breeze responded that the referenced area on North Signal Street had a high traffic level and was in significant need of repair. He noted that the City was doing as much overlay as possible while the contractor was on site since it would not add additional mobilization charges and would give the City an advantage on costs.
MOTION: Council Member Hanstad moved and Council Horgan seconded to receive and accept all bids submitted for PW 2006-03, Asphalt Concrete Overlay Project, and award the construction contract to Nye and Nelson, Inc. in the amount of $284,880.50; and approve Resolution No. 07-01 authorizing the Mayor to sign a contract with the lowest cost responsible bidder for the Asphalt Concrete Overlay Project, and authorize the Public Works Director to add additional work up to the budgeted available funding ($400,000).
The result of the roll call vote:
AYES: Olsen, Hanstad, Horgan, DeVito, Smith
Ojai City Council Minutes of the Regular Meeting of January 9, 2007, 7:30 pm
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NOES: None
ABSENT: None
4. Formation of Ad Hoc Committee for Multi-Agency Maintenance Facility Project
Public Works Director Breeze presented an overview of the staff report.
Mayor Smith and Council Member Olsen volunteered to serve on the ad-hoc committee for the Multi-agency Maintenance Project.
MOTION: Council Member Olsen moved and Council Member Hanstad seconded to appoint Mayor Smith and Council Member Olsen to work with staff to facilitate communication with various other government agencies in the Ojai Valley that may be potential partners in the Multi-agency Maintenance Facility Project.
Mayor Pro Tem DeVito suggested staff stay in close communication with Congressman Gallegly’s office. Congressman Gallegly helped the City in obtaining the grant funds.
The motion passed unanimously.
5. Affordable Housing
City Manager Kersnar gave a power point presentation introducing issues involved in planning for affordable housing and updating the Housing Element for the City’s General Plan.
Public Comment
The following persons spoke as advocates for affordable housing:
Dulanie Ellis
Jeff Ketelsen
Len Klaif
Kennis Leary
Annita Hendricks
Heather O’Neil
Kenley Neufeld
Sasha Letterman
Sue Williamson
Leslie Davis
Tom Bostrom
Ocho Beaty
Nathaniel Wolper
Pete LaFollette
Todd Miller
Carol Wade
In part, the speakers presented the following observations and recommendations:
Ojai City Council Minutes of the Regular Meeting of January 9, 2007, 7:30 pm
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Revise zoning codes to enable higher density;
Consider models used successfully in other communities such as co-housing which mixes the demographics, number of people, size of the units but share common areas;
Insist that development projects include smaller units, which by sharing the infrastructure of the larger unit then become more affordable;
Santa Barbara instituted one car only rules, making tenants prove that they work locally and utilize walking, biking and public transportation. It was suggested that this would safeguard affordable housing for the workforce within Ojai.
If Ojai wants a walkable village environment it must help developers create housing with less parking and allow on street parking to factor into the equation;
Allow reasonable second units;
Allow garage conversions which can be tastefully done without overloading the neighborhood;
Encourage the building of second units on larger properties;
Encourage projects utilizing green building techniques;
Encourage projects which are attempting to meet the workforce housing needs;
Streamline the permit process
Preserve existing affordable housing stock;
Convert vacant buildings into live/work units;
Set up a land trust for affordable housing;
Establish a first time buyer loan program;
Establish rent control/stabilization ordinance;
Establish an affordable housing task force;
Get the message out to the public regarding the need for affordable housing;
Schedule an all day community workshop;
Look at programs that work (i.e. Sycamore Homes and Montgomery Oaks)
Council Comments
Mayor Smith proposed that the City consider setting up its own housing authority; retaining a consultant to look at housing in general; and/or consider an amnesty program regarding second dwelling units.
Council Member Olsen noted that the City has a rent subsidy program and a low interest rehabilitation loan program.
Council Member Horgan recommended defining affordable housing. Regarding data collection and analysis, she requested the following information:
• How many housing units are in the City;
• How many are single family residences;
• How many are multi family residences;
• How many are rentals verses owner occupied;
• How many non-permitted units exist;
• Rental rates;
• Vacancy rates; and
• Statistics on income levels.
Ojai City Council Minutes of the Regular Meeting of January 9, 2007, 7:30 pm
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Council Member Horgan suggested that staff begin looking into parking standards; inclusionary housing provisions and/or providing affordable housing components to projects.
6. Chain Stores
Due to the lateness of hour this item was continued to the regularly scheduled Council meeting of January 23, 2007.
The Ojai City Council then recessed and convened as the Redevelopment Agency. Subsequent to hearing those items before them, the Redevelopment Agency adjourned and reconvened as the Ojai City Council.
REPORTS FROM COUNCIL MEMBERS
ORAL REPORT(S) FROM CITY MANAGER
INFORMATION ITEMS
8. Court Case Clarifies Serial Meeting Restrictions Imposed by Brown Act
9. Ventura County Behavioral Health Department Issues Place of Last Drink (POLD) Survey
ADJOURNMENT
There being no further business the meeting was adjourned at 11:20 p.m.
______________________________
Carol Smith, Mayor
__________________________
Carlon Strobel, City Clerk
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