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Ojai City Council Minutes of the Regular Meeting of February 13, 2007, 7:30 pm
Page 1

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; Public Works Director, Doug Breeze; Recreation Director, Carol Belser; and City Clerk, Carlon Strobel.

PLEDGE OF ALLEGIANCE

INVOCATION Moment of Silence

PROCLAMATIONS / PRESENTATIONS
• Proclaim February 12-23, 2007 as MDA Fire Fighter Appreciation Week

PUBLIC COMMUNICATIONS
The following persons addressed Council:
Sholom Joshua
Emma Greene
Dennis Leary
Rosemary Beilschmidt, Mira Monte Beautification Committee
Susan Williamson
Pete LaFollette

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 25, 2007, and Payroll warrants for January 18 and February 1, 2007 in the amount of $631,870.47.
RECOMMENDATION: Authorize payment.
c) Minutes of the Regular City Council Meeting of January 9, 2007
RECOMMENDATION: Approve as submitted.
d) Minutes of the Arts Commission Meeting of November 16, 2006
RECOMMENDATION: Receive and file.
e) Minutes of the Planning Commission Meeting of January 3, 2007.
RECOMMENDATION: Receive and file.
f) Minutes of the Parks and Recreation Commission Meeting of December 7, 2006
RECOMMENDATION: Receive and file.

Ojai City Council Minutes of the Regular Meeting of February 13, 2007, 7:30 pm
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g) Ojai Trolley Stops at Various Locations Project PW 06-01

RECOMMENDATIONS:
1. Accept Project PW 06-01 “Ojai Trolley Stops at Various Locations” project as complete per contract documents; and
2. Authorize the Mayor to sign and the City Clerk to file the Notice of Completion with the County of Ventura for PW 06-01.
h) Proposed Funds for Ojai Library
RECOMMENDATION: Staff recommends that the City Council authorize the payment of $4,000 from the Library Parcel Tax fund for books and materials for the Ojai Library.
Mayor Smith pulled Item 1 b from the Consent Calendar for further discussion.

MOTION: Mayor Pro Tem DeVito moved and Council Member Hanstad seconded to approve the Consent Calendar Items a and c – h as amended.
The result of the vote:
AYES: Olsen, Hanstad, Horgan, DeVito, Smith
NOES: None
ABSTAIN: None
ABSENT: None

b) Warrants for January 25, 2007, and Payroll warrants for January 18 and February 1, 2007 in the amount of $631,870.47.
Dennis Leary asked if the payment to City Attorney Widders included cost incurred on the Widders vs Furchtenicht lawsuit.

MOTION: Council Member Horgan moved and Mayor Pro Tem DeVito seconded to approve Consent Calendar Item 1 b as submitted.
The result of the vote:
AYES: Olsen, Hanstad, Horgan, DeVito, Smith
NOES: None
ABSTAIN: None
ABSENT: None

DISCUSSION
2. Rate Increase Proposed by Golden State Water for Ojai Customers
City Manager Kersnar presented an overview of the staff report.
Frank Heldman, Operations Supervisor, Golden State Water Company, provided a presentation regarding a proposed water rate increase application filed with the California Public Utilities Commission.

Ojai City Council Minutes of the Regular Meeting of February 13, 2007, 7:30 pm
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Council Member Olsen asked why Golden State Water Company rates were already so much higher than all the other water districts in the Valley. Mr. Heldman responded that a privately owned company such as Golden State Water Company bears the full cost of providing water. He explained that municipalities, city owned water companies and special districts have funding mechanisms which off-set costs.
Council Member Olsen referenced a report prepared during the last large rate increase application. The report outlined the options the City had including the franchise agreement itself. Council Member Olsen asked if that report was still available. Mr. Widders related that the report was a confidential attorney/client privileged report but it was still available and several of the council members had already received a copy of the report. Mr. Widders stated that the report was still current under statutory and case law. Mr. Widders also noted that Golden State Water Company had what was called a perpetual franchise and the only way the water company could be divested of that franchise right would be if the City condemned the system under eminent domain.
Mayor Pro Tem DeVito asked if Golden State Water had considered a total retrofit of the system.
Council Member Horgan asked why the shareholders were not picking up some of the increased costs instead of passing those costs on to the rate payers.
Council Member Hanstad asked Mr. Heldman if Golden State Water Company would be holding public meetings to answer some of the public’s questions, and she asked how those meetings would be announced.
Council Member Hanstad asked for a description of the testing mechanism currently in place and commented on the water quality for Ojai customers.
City Manager Kersnar expressed disappointment in the report from Golden State Water Company. He related that it was his understanding that the proposed rate increase request had no higher level of capital replacement built into it than in the past several years. Mr. Kersnar noted that in the years since the last comprehensive rate increase Golden State Water Company had been receiving inflationary rate increases.
Council Member Hanstad advocated holding the public hearings on the proposed rate increase in Ojai.

The following persons spoke in opposition to the proposed rate increase:
Dennis Leary
Pete LaFollette
Mark Williams
Mayor Smith reiterated the need for the following:
• Hold the public hearing in Ojai;
• Urge the public to write letters of protest; and

Ojai City Council Minutes of the Regular Meeting of February 13, 2007, 7:30 pm
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• Hold a workshop with Golden State Water Company and the rate payers.
8. Ojai Skate Park Status Report

NOTE: This item taken out of order.
Recreation Director Belser presented an overview of the staff report.
The following persons spoke in support of a permanent skatepark:
Stuart Griffith
Shane Rilling
Judy Gabriel
Eli Cohen
Mark Highlove
Dave England
Kai Earthsong
Cody Karvar
Gillian Bressani
Dennis Leary
Vicki Cohen
Deborah Moe
Jackie Clark

Council Member Horgan noted that the skatepark should be supervised. She requested detailed costs regarding supervision, and requested that staff and the task force provide an analysis of the pros and cons of having a skatepark supervisor.
Council Member Horgan commented that before identifying funds to either upgrade or build a new park, the Council would need assurance that unacceptable behaviors such as destruction of property, graffiti, vandalism, drug use, alcohol use, foul language and smoking could be curtailed.
Council Member Horgan also requested a report containing the following information:
• Who used the park
• How many people use the park
• How often do people use the park
• Are the users City residents
• Are the users Valley residents
• Are the users out of town visitors
Council Member Horgan noted that financially the park had two components (1) construction money to repair or replace the existing temporary park or to build a new facility; and (2) operating expenses including rent, repair, maintenance and supervision.
Council Member Horgan requested that the staff and task force review the skatepark design and determine whether or not it was still an appropriate plan, and if so, bring to Council current cost estimates to build the designed park. She requested that the task

Ojai City Council Minutes of the Regular Meeting of February 13, 2007, 7:30 pm
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force prepare a scaled down alternative skatepark design and a skatepark design where components might be phased in. Additionally, she requested an estimate of operating costs for a new facility.
As to the operating costs, Council Member Horgan inquired into the costs to the City of the current, unsupervised, park, including rent, repair and maintenance. She requested an analysis of how much time the Recreation staff and the Public Works staff spent on the park in terms of painting over graffiti, picking up trash and/or repairs. Council Member Horgan also asked to be advised of how much time the Police Department spent on monitoring the skatepark, and details on the number of calls and/or activities at the skatepark which required police response.
Council Member Horgan directed the City Manager and Finance Director to investigate all possible financing sources. She asked if the City could borrow money, use CDBG funds or use Redevelopment Agency funds.
Council Member Horgan further recommended preparing a cost benefit analysis.
Mayor Smith supported the concept of a task force and suggested that the task force be on a time line. She recommended that they set goals and make assignments at their first meeting and come back to Council within eight to ten weeks with an action plan.
Mayor Pro Tem DeVito also expressed support for a skatepark.
Council Member Olsen agreed that a supervised park was preferable. He did not believe that the skatepark encouraged poor behavior, but without supervision poor behavior was something which might happen anywhere.
Council Member Olsen agreed with Mayor Smith’s suggested time line and recommended that Council Member Horgan’s ideas be forwarded to the task force.

MOTION: Council Member Horgan moved and Council Member Hanstad seconded to approve the formation of the skatepark task force to assess the Ojai Skatepark and recommend to Council plans for the future; and direct staff to provide the information requested by Council to allow Council to make informed decisions regarding the skatepark.
The motion passed unanimously.
City Manager Kersnar asked if Council wished to assign council members to the task force; if Council wished to appoint the members of the task force; or if Council wished the Parks and Recreation Commission to appoint members to the task force.
Mayor Pro Tem DeVito responded that Council did not wish to spend more administrative time on the skatepark task force. He stated that the Parks and Recreation Commission should make the appointments to the task force and Council would receive a report from the task force.

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Mayor Smith confirmed that Council anticipated a report from the task force the first or second meeting in May.

PUBLIC HEARINGS
3. CONTINUED FROM THE COUNCIL MEETING OF JANUARY 23, 2007
Change in Building Standards to Require Fire Sprinklers for New and Remodeled Residences
Mayor Smith continued the public hearing on Ordinance 793. Seeing that no one wished to speak, Mayor Pro Tem DeVito moved and Council Member Hanstad seconded to close the public hearing. The motion passed unanimously.

MOTION: Council Member Horgan moved and Council Member Hanstad seconded to read by title only Ordinance No. 793 changing building standards to require fire sprinklers for new and remodeled residences, and adopt Ordinance No. 793 to become effective Friday, March 16, 2007.
The result of the roll call vote:
AYES: Olsen Hanstad, Horgan, DeVito, Smith
NOES: None
ABSENT: None

Mayor Smith read the ordinance by title only as follows: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OJAI AMENDING OJAI MUNICIPAL CODE SECTION 9-1.902 TO INCLUDE THE AMENDED BUILDING STANDARDS ADOPTED BY THE VENTURA COUNTY FIRE PROTECITON DISTRICT”
4. Community Development Block Grant Public Hearing Application for Funding Program Year 2007/2008
Recreation Director Belser presented an overview of the staff report.
Mayor Smith opened the public hearing.
Applicants for the following projects addressed Council:
Rosie Craig County of Ventura / RAIN Project
Sandra Bishop Ojai Brown Bag for Seniors / Food Share, Inc.
Jennifer Ruskin Self Employment Training / Women’s Economic Ventures
Jane Lax Our Place Shelter / Turning Point Foundation
Debbie McConnell Senior Nutrition / HELP of Ojai
Diana Garcia Recreation Enrichment Voucher / Ojai Recreation Dept.
Daniel Uhlar Long Term Ombudsman / Ventura County

MOTION: Council Member Horgan moved and Mayor Pro Tem DeVito seconded to close the public hearing. The motion passed unanimously.

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Mayor Pro Tem DeVito, Council Member Olsen, Council Member Horgan, and Mayor Smith noted that policy has been to fund local programs.
Mayor Pro Tem DeVito spoke in support of the Long Term Ombudsman Program.
Council Member Horgan supported the REV Program, HELP of Ojai, and the Ombudsman Program.
Mayor Smith spoke in support of the Turning Point Foundation.

MOTION: Council Member Hanstad moved and Council Member Horgan seconded to direct staff to return to the City Council on February 27, 2007 with recommendations for allocation of 2007/2008 CDBG funds with consideration for the REV Program, $1,000 for the Turning Point Foundation with a contingency that the County of Ventura provide the administration for that program, the Senior Nutrition Program and the Long Term Ombudsman Program.
The result of the roll call vote:
AYES: Olsen, Hanstad, Horgan, DeVito, Smith
NOES: None
ABSENT: None

5. Community Development Block Grant Reprogramming of Funds
Recreation Director Belser presented an overview of the staff report.
Mayor Smith opened the public hearing. Seeing that no one wished to speak Council Member Olsen moved and Council Member Horgan seconded to close the public hearing. The motion passed unanimously.

MOTION: Council Member Olsen moved and Council Member Horgan seconded to adopt Resolution No. 07-06 reprogramming $21,000 of the 2004 / 2005 Community Development Block Grant (CDBG) Capital Improvement Funds from the HELP of Ojai – Oak Tree House Stable Project to the Boyd Center Improvement Project.
The result of the roll call vote:
AYES: Olsen Hanstad, Horgan, DeVito, Smith
NOES: None
ABSENT: None

DISCUSSION
6. Request to Construct Water Wells at Various Locations
Public Works Director Breeze presented an overview of the staff report.
Dennis Leary addressed the Council.

Ojai City Council Minutes of the Regular Meeting of February 13, 2007, 7:30 pm
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MOTION: Council Member Hanstad moved and Council Member Horgan seconded to approve applications for water wells at 1011 Grand Avenue, 821 N. Signal Street and 671 Saddle Lane; and accept the determination of the Community Development Department that an environmental study for each well is not required consistent with exceptions noted in the California Environmental Quality Act (CEQA), Section 15303.
The result of the roll call vote:
AYES: Olsen Hanstad, Horgan, DeVito
NOES: Smith
ABSENT: None

7. Permission to Submit Design Review Application for Project at 412 Mallory Way that Encroaches on City Right-of-Way
City Manager Kersnar presented an overview of the staff report.
Dennis Leary expressed concern regarding conflict of interest issues.
Nancy S. Pierson expressed concern regarding the procedure of granting permission to submit a design review application for a project that encroaches on City right-of-way.

MOTION: Council Member Olsen moved and Council Member Hanstad seconded to reject a resolution granting permission for Matilija Investment Property LLC to submit an application for a proposed project at 412 Mallory Way, Ojai, California.
The result of the roll call vote:
AYES: Olsen, Hanstad, Horgan, DeVito, Smith
NOES: None
ABSENT: None

8. Ojai Skate Park Status Report taken out of order and heard earlier in the meeting.
9. Possible Formation of a Housing Element Task Force
Continued to February 27, 2007.
10. Appointment of Council Members to Ad Hoc Committee to Make Recommendation for City Manager Compensation
Continued to February 27, 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

Ojai City Council Minutes of the Regular Meeting of February 13, 2007, 7:30 pm
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ORAL REPORT(S) FROM CITY MANAGER

INFORMATION ITEMS
12. Ojai Day

CLOSED SESSION
13. Closed Session – Pending Litigation per California Government Code Section 54956.9(a) Monte L. Widders v. Jeff B. Furchtenicht (Ventura Superior Court No. CIV 243771)
Following closed session, Mayor Smith announced that Jeff Furchtenich had appealed the decision of the Ventura County Superior Court to deny his SLAPP motion, and that Council had decided that the City Attorney would file a cross-appeal.

ADJOURNMENT
There being no further business the meeting was adjourned at 12:30 a.m.
______________________________
Carol Smith, Mayor
__________________________
Carlon Strobel, City Clerk