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Ojai City Council Minutes of the
Regular Meeting of May 22, 2007, 7:30 pm

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; Ojai Chief of Police, Bruce Norris; Finance Director, Susie Mears; and Acting City Clerk, Shari Herbruck.

PLEDGE OF ALLEGIANCE Council Member Hanstad

INVOCATION Moment of Silence

PUBLIC COMMUNICATIONS

Jess Haydon, Executive Director, Ojai Music Festival, thanked the City Council, the City and Public Works Department for their support of the Ojai Music Festival, and invited the Council and the public to attend this year’s event.

Pete LaFollette, Aliso Street, reported the following:
o Ojai Green Coalition is interested in exploring ways to bring green values to Ojai and promoting these values via businesses, green zones and green buildings;

o Food for Thought, a film series held at Matilija Junior High School as part of the Ojai Healthy Schools Program, deals with bringing more community awareness to Ojai’s agricultural resources and how everyone can participate and benefit.

Dennis Leary, Red Hill Road, commented on:
o The value and enjoyment the Ojai Music Festival brings to the community;

o Formula retail businesses.

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 May 3, 2007, and Payroll Warrants for May 10, 2007 in the amount of $180,702.51.
RECOMMENDATION: Authorize payment.

c) Minutes of the Ojai City Council Meeting for March 27, 2007
RECOMMENDATION: Approve as submitted.

d) Minutes of the Ojai City Council Meeting for April 10, 2007
RECOMMENDATION: Approve as submitted.

e) Minutes of the Ojai City Council Special Meeting for April 10, 2007
RECOMMENDATION: Approve as submitted.

f) Minutes of Ojai Planning Commission meeting of April 18, 2007
RECOMMENDATION: Receive and file.

g) Minutes of the Ojai Historic Preservation Commission meeting of April 9, 2007
RECOMMENDATION: Receive and file.

h) Treasurer’s Monthly Report of Investments for the City of Ojai and the
Redevelopment Agency
RECOMMENDATION: Receive and file.

i) Agreement for Maintenance of Landscape Area within State Highway Right of Way
RECOMMENDATION: Adopt Resolution No. 07-19 authorizing the Mayor to execute an Agreement with the Department of Transportation obligating the City to perform maintenance of landscape areas and hardscape within the State Right of Way.

j) Cancellation of the City Council Meeting Scheduled for July 10, 2007
RECOMMENDATION: Direct staff to provide proper notice for the cancellation of the July 10, 2007 City Council Meeting.

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


PUBLIC HEARING

2. Public Hearing and Required Eminent Domain Process Ordinance Adoption

City Manager Kersnar presented an overview of the staff report. He noted that in compliance with Council direction an amendment had been made to the ordinance to clarify that the City retained the right of eminent domain of utilities.

Mayor Smith opened the public hearing and seeing that no one wished to speak, Council Member Olsen moved and Council Member Hanstad seconded to close the public hearing. The motion passed unanimously.

MOTION: Council Member Olsen moved and Mayor Pro Tem DeVito seconded to read by title only and adopt Ordinance No. 795 to become effective June 22, 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, CALIFORNIA, CONTAINING A DESCRIPTION OF THE OJAI REDEVELOPMENT AGENCY’S PROGRAM TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN IN THE OJAI DOWNTOWN REDEVELOPMENT PROJECT”

DISCUSSION

3. Appointment of Council Members to Ad Hoc Committee to Support Ojai
Performing Arts Theater

Bob Kemper, Chief Financial Officer, Ojai Performing Arts Theater Foundation, requested that Council appoint two members to participate on an ad hoc committee to provide input and participation on behalf of the Council in the final planning, design and conceptual ideas regarding the Performing Arts Theater.

Mayor Pro Tem DeVito and Council Member Hanstad advised that their residences were within 500 feet of the proposed project and would, therefore, recused themselves from discussions.

Council Member Olsen suggested that only one Council Member and perhaps someone from the Planning Commission serve on the ad hoc committee.

Council Member Horgan noted that the committee came before Council in December, 2004 to determine the City’s interest in participating in this process. She related that her thinking was much the same, in that, she wished Ojai could have a beautiful Performing Arts Theater, however, being realistic, funding for the construction and maintenance had always been an issue. She stated that, at this point in time, it was important for the City to focus on reestablishing its core services.

Council Member Horgan commented that the proposed theater was intentionally sited on School District property to avoid the City’s input and oversight, and to avoid certain environmental impact studies and requirements. It was Council Member Horgan’s understanding that because the School District was exempt, the project would be exempt.

Mayor Smith stated that because Ojai was a tourist based community, an active theater presenting interesting plays and lecture series would attract more visitors during the week and, thereby, support Ojai’s core economy base.

Mayor Smith noted that the Performing Arts Theater could become a program which increased average daily attendance funds because of the uniqueness of such a program in Ventura County, and could, therefore, become a benefit to the School District.

Mayor Smith stated that she did have reservations regarding traffic impacts, which would have to be mitigated. Also, she requested the consideration of a program which would provide discounts on tickets for citizens of the City of Ojai.

Joan Kemper, Ojai Performing Arts Theater, stated that as a partner, the City of Ojai would benefit by revenues from increased real estate values and hotel taxes. Ms. Kemper sees this as a true asset for the City.

Council Member Olsen commented that he did not perceive as much of a down-side to being involved in the ad hoc committee when compared to the potential financial up-side which might come because of the City’s backing of the project. Council Member Olsen made it clear that the City did not have money to contribute to the project.

MOTION: Council Member Olsen moved and Mayor Smith seconded to appoint Mayor Smith as a member to participate in the Ojai Performing Arts Theater Ad Hoc Committee.

The result of the roll call:
AYES: Olsen, Smith
NOES: Horgan
RECUSE: Hanstad, DeVito
ABSENT: None

The motion passed.

4. Approval of Comment Letter on Draft Storm Water NPDES Permit

City Manager Kersnar presented an overview of the staff report.

Bill O’Brien, Hawks & Association, reported that NPDES was administered by the Los Angeles Regional Water Control Board and that the Board had proposed a new set of requirements which, for the City of Ojai, would result in an increased cost of approximately $200,000.

Council Member Horgan asked what the City was now paying. Mr. Kersnar responded that as he recalled, the City paid approximately $100,000. The proposed increase would roughly triple that amount.

Mayor Smith suggested that the draft letter could be made stronger by letting the Board know what percentage of the City’s entire Public Works budget the proposed increase represented.

MOTION: Council Member Horgan moved and Council Member Hanstad seconded to
authorize the Mayor to sign a letter regarding the Draft NPDES Permit reducing the requirements for Phase II communities in Ventura County.

The result of the roll call vote:
AYES: Olsen, Hanstad, Horgan, DeVito, Smith
NOES: None
ABSENT: None

5. Proposed Diamond Rock Sand and Gravel Mine and Processing Facility Located in Unincorporated Santa Barbara County

City Manager Kersnar presented an overview of the staff report on the status of the Final EIR for the proposed Diamond Rock Sand and Gravel Mine and Processing Facility located in unincorporated Santa Barbara County.

Mr. Kersnar related that the Santa Barbara County Board of Supervisors recognized that the traffic south on Highway 33 was problematic and was generating many concerns. The Board stated that a condition of approval should be that this project not be allowed to take trucks south through Ventura County on Highway 33 unless or if:
1. There were Ventura County mines which were subsequently approved that would result in traffic through Santa Barbara County. Traffic would then be allowed through Ventura County.
2. A multi-county agreement were to be created between the four counties involved (Ventura, Santa Barbara, Kern and San Luis Obispo) as to allocation of trips.
3. Limited special emergency events would allow trucks to travel south on Highway 33.

Council Member Hanstad asked if there was a projection on the receipt of recyclable concrete and would that also be restricted by the CUP. Mr. Kersnar responded that there was an expected six trucks per day maximum.

Council Member Hanstad inquired as to what point Council might want to consider the advice of a CEQA attorney and at what cost. Mr. Kersnar replied that in terms of the substantive comments, he did not believe there was any need for specific legal review. He noted that usually the issue was the adequacy of the EIR which had not yet been certified. City Attorney Widders added that there was a very short statute of limitations
on challenging the EIR, generally, thirty days after approval; and under the Code of Civil Procedure, persons are not permitted to raise any issues in litigation that had not been raised at the public hearings.

City Attorney Widders pointed out that a conditional use permit only applied to the applicant (the mine owner) of the permit. The truckers were not bound by the CUP.

Supervisor Bennett expressed awareness of the many concerns brought forth by citizens.

Dale Hansen urged public attendance at the hearing of the Santa Barbara Planning Commission in Santa Maria.

Meg Goodman wondered if the reports addressed concerns that the three tunnels located on the scenic byway (Highway 33) were not wide enough for two trucks to safely pass each other.

Mr. Kersnar read the following response regarding safety: “State Route 33 has sufficient capacity to convey project related traffic without a significant affect on roadway operations. As a local jurisdiction the County can only insure that its land use decisions do not increase traffic volumes beyond their current capacity. Cal Trans is responsible for insuring roadway safety and operational integrity.”

Mr. Kersnar reported that the only change, as he read it, to the configuration to Highway 33 itself was that Cal Trans requested, and they included as a condition, the installation of a left turn pocket into the site. He related that Cal Trans was conducting a study of the area and the report on their analysis of any safety issues was scheduled to be completed
by the end of June.

MOTION: Council Member Olsen moved and Mayor Pro Tem DeVito seconded to
authorize the Mayor to sign and read a letter on behalf of the Ojai City Council at the hearing in Santa Maria opposing the proposed Diamond Rock Sand and Gravel Mine and Processing Facility located in unincorporated Santa Barbara County.

The result of the roll call vote:
AYES: Olsen, Hanstad, Horgan, DeVito, Smith
NOES: None
ABSENT: None

6. Concept Review for General Plan Amendment and Zone Change to Village Mixed Use for Properties located at 113 S. Blanche Street, Parcel North of 113 S. Blanche Street, 111 Topa Topa Street, and 206 S. Blanche Street

City Manager Kersnar presented an overview of the staff report.

Kanika Kith, Assistant Planner, was also present.

Jeri Becker, Representative for all four applicants, presented an overview of the proposed development.

Council Member Horgan referenced the Planning Commission minutes for the meeting of April 8, 2007, in which several Commissioners discussed different options. She requested clarification of the options.

Mr. Kersnar responded: