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Ojai City Council Minutes of the Regular Meeting of January 23, 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; Finance Director, Susie Mears; and City Clerk, Carlon Strobel.

PLEDGE OF ALLEGIANCE Mayor Pro Tem DeVito

INVOCATION Moment of Silence

PUBLIC COMMUNICATIONS
The following persons addressed the City Council:
Pete LaFollette
Don Greenberg
Len Klaif

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 January 22, 2007, and Payroll warrants for January 4, 2007 in the amount of $198,600.70.
RECOMMENDATION: Authorize payment.
c) Minutes of the Regular City Council Meeting of December 12, 2006
RECOMMENDATION: Approve as submitted.
d) Minutes of the Special City Council Meeting of December 12, 2006
RECOMMENDATION: Approve as submitted.
e) Minutes of the Historic Preservation Commission Meeting of November 13, 2006.
RECOMMENDATION: Receive and file.
f) Treasurer’s Monthly Report of Investments for the City of Ojai and the Redevelopment Agency for December 2006.
RECOMMENDATION: Receive and file.
g) Council Representative and Alternate to the Economic Development Collaborative of Ventura County
RECOMMENDATION: Ratify the appointment of Council Member Sue Horgan as Representative and Council Member Rae Hanstad as Alternate to the Economic Development Collaborative of Ventura County (EDC-VC).
h) Service Agreement with Padre Associations for Engineering and Construction Management Services
RECOMMENDATION: Adopt Resolution No. 07-02 authorizing the Mayor to sign an agreement with Padre Associates for engineering and construction management services in an amount not to exceed $40,000 through the remainder

Ojai City Council Minutes of the Regular Meeting of January 23, 2007, 7:30 pm
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of FY 2006/2007, and authorize the Public Works Director to approve task orders up to this amount.
i) Preparation of Annual Engineer’s Report for Landscaping Maintenance District No. 1 for FY 2007/2008
RECOMMENDATION: Adopt Resolution No. 07-03 directing the City Engineer to prepare the annual Engineer’s Report for Landscaping Maintenance District No. 1.
j) Preparation of Annual Engineer’s Report for the Plaza Maintenance Assessment District FY 2007/2008
RECOMMENDATION: Adopt Resolution No. 07-04 directing the City Engineer to prepare the annual Engineer’s Report for the Plaza Maintenance Assessment District No. 2.
k) Preparation of Annual Engineer’s Report for Landscaping and Lighting District No. 3 for FY 2007/2008
RECOMMENDATION: Adopt Resolution No. 07-05 directing the City Engineer to prepare the annual Engineer’s Report for Landscaping and Lighting District No. 3.

MOTION: Council Member Olsen moved and Council Member Hanstad seconded to approve the Consent Calendar as submitted.
The result of the vote:
AYES: Olsen, Hanstad, Horgan, DeVito, Smith
NOES: None
ABSTAIN: None
ABSENT: None

PUBLIC HEARING
2. Change in Building Standards to Require Fire Sprinklers for New and Remodeled Residences.
Mayor Smith opened the public hearing to receive public comment, and continued the public hearing to February 13, 2007.

DISCUSSION
3. Chain Stores
City Manager Kersnar presented a report on the issues related to the location of chain stores within Ojai, including the possibilities for limiting or eliminating such stores.
Mayor Pro Tem DeVito recommended holding a City Council and Planning Commission joint workshop to discuss the issue of chain stores in Ojai.

Ojai City Council Minutes of the Regular Meeting of January 23, 2007, 7:30 pm
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City Manager Kersnar noted that, procedurally, the Planning Commission makes recommendations to the Council. In the course of developing recommendations, and as an educational/input opportunity, he agreed that such a joint meeting would be beneficial.
Mayor Smith referenced the Coronado, California, ordinance on formula retail stores which was upheld in Appellate Court in June 2003. The Appellate Court’s decision was unpublished. Mayor Smith requested clarification on what an unpublished decision meant.
City Attorney Widders responded that if the Appellate Court’s decision is not published in the official reports of the Appellate Courts or in the official reports of the California Supreme Court, it cannot be cited as legal president. Only published opinions may be cited to another court as president for a particular position. It would be unethical to cite unpublished decisions.
Mayor Smith asked what, in the City’s ordinances, had prevented drive-up windows for restaurants or fast food establishments. City Attorney Widders replied that, in the past, the Planning Commission required an applicant to show that a drive-up window was integral to the business or it would not be approved in the architectural review process.
The following persons expressed concerns and advocated an ordinance prohibiting chain stores in Ojai:
Cathy S. Cluff (letter read into the record)
Leslie Davis
Dennis Leary
Kenley Neufeld
Len Klaif
Selim Sandoval
Todd Miller
Stan Greene
Nathaniel Wolper
Pete LaFollette
Duffy MacPhearson
Scott Eicher, Chamber of Commerce, urged caution that an ordinance limiting chain stores not damage existing local businesses.
“B” Dawson inquired as to how many stores would constitute chain or formula stores.
Council Member Olsen agreed that a City Council and Planning Commission joint workshop would be a good idea. He suggested that Mr. Kersnar make a presentation to the Planning Commission before a joint workshop was scheduled so they have the same background and the opportunity to receive public comment.
Council Member Olsen supported prohibition of chain or formula stores in the downtown historic area and would like to see such prohibition extended into the redevelopment area.

Ojai City Council Minutes of the Regular Meeting of January 23, 2007, 7:30 pm
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He noted that what the City did not want to have, and had been fighting for years against, urban sprawl.
Council Member Horgan revisited the concept of visitors and recreational shopping. She wondered if recreational shopping could be sustainable considering the difficulties experienced by local merchants.
Council Member Horgan emphasized that there was work to be done, she looked forward to discussions, but she was not sure she was ready to be on board with a joint Planning Commission / City Council meeting at this juncture. Council Member Horgan felt it would be appropriate for City Manager Kersnar to present his report to the Planning Commission.
Council Member Horgan noted that the City had regulations but those regulations had not been reviewed for a while and they should be reviewed to determine if they adequately protected the City regarding chain stores. She recommended that the Planning Commission look at location parameters in the context of a downtown plan, determine guidelines for the historic downtown or redevelopment area, and consider size parameters.
Council Member Hanstad addressed the sense of speed expressed by some people and emphasized that good laws required good facts and good public input. She concurred that the City needed to work quickly, but the City also needed precision to carefully support and protect the downtown core.
In the interest of time, Council Member Hanstad would like City Manager Kersnar to give his presentation to the Planning Commission before scheduling a joint meeting.
Mayor Pro Tem DeVito stated that the City needed to define a chain store and define the ambience of Ojai.
Mayor Smith observed that Ojai has franchise chains which provide very personalized service in our downtown core.
Mayor Smith agreed that the Planning Commission should receive Mr. Kersnar’s presentation, the presentation should be advertised, and then follow-up the Planning Commission meeting with a joint workshop.
Council Member Hanstad added that she was sensitive to the local business people who were part of a chain or are part of a corporate structure.
City Manager Kersnar confirmed that Council’s direction was that he take the chain store presentation to the Planning Commission, the Planning Commission be asked to proceed as they deemed appropriate, and that the Planning Commission report back to the City Council.

Ojai City Council Minutes of the Regular Meeting of January 23, 2007, 7:30 pm
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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
5. Community Development Block Grant Change of Administrative Funding

ADJOURNMENT
There being no further business the meeting was adjourned at 10:18 p.m. in memory of Lindy Kell and Billie Powers.
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Carol Smith, Mayor
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Carlon Strobel, City Clerk