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Ojai City Council
Minutes of the Regular Meeting of June 12, 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, Capt. Bruce Norris; Battalion Chief, Scott Schuster, Ventura County Fire Protection District; Finance Director, Susie Mears; City Planner, Katrina Rice Schmidt; Building Official, Brian Meadows; Redevelopment Manager, Kathleen McCann; Assistant to the City Manager, Paulette Whiting; and City Clerk, Carlon Strobel.

PLEDGE OF ALLEGIANCE Council Member Hanstad

INVOCATION Moment of Silence

PRESENTATION
Presentation of City Tile to Outgoing Planning Commissioner Paul Blatz

PUBLIC COMMUNICATIONS

Gridley Road Detour
Gridley Road residents appeared before Council on March 27, 2007 to protest a possible detour imposed by Cal Trans during a repair to the San Antonio Bridge.

Henry K. Maynard, Gridley Road, reported that he had received a letter from Cal Trans saying that there had been an agreement by the City of Ojai with Cal Trans for a detour involving Gridley Road. Mr. Maynard requested that Council rescind said agreement.

Peter Cantle, Gridley Road, stated that the City needed to think strategically, not only regarding concerns about a detour going up Gridley Road, but also the reasons for this bridge improvement. He believes that a proposed asphalt concrete batch plant in Santa Paula would need materials and the shortest route to Santa Paula would be Highway 150 through downtown
Ojai impacting businesses and the residents. Mr. Cantle reported that he found no actual CEQA analysis for the bridge replacement project. He expressed concern that, absent an environmental review, an analysis of different alternatives would not be considered. He stated that there had
been no public outreach.

Mayor Smith requested the City Manager to comment briefly, and noted that perhaps the Cal Trans proposed detour needed to be an item on a future agenda.

Mr. Kersnar responded that, from his perspective, there was no agreement, contrary to a letter that apparently had been sent by the District Director from Cal Trans. Mr. Kersnar noted that, in fact, the City had been attempting to have Cal Trans commit to a time and date to meet with
neighbors and discuss alternatives and the potential impacts of the proposed bridge replacement project.

As to the other issues which had been brought up, Mr. Kersnar thinks there are valid concerns, for example, he was not convinced that the environmental review was adequate. Mr. Kersnar reported that the City would continue to work with Cal Trans, keep the Council informed and, as
necessary, bring the issue back to Council with a full report.

William Ulrick, Gridley Road, asked if the City had received copies of any documents from Cal Trans regarding the proposed bridge replacement project. He wanted to know if a bid date had been set for the project.

Council Member Horgan requested that staff be directed to immediately send a letter to Cal Trans stating that there was no agreement. Mr. Kersnar responded that he had already planned to do so.

Mayor Pro Tem DeVito, Council Representative to the Ventura County Transportation Commission (VCTC), reported that the project had not gone out to bid. He related that every month a report was provided by a Cal Trans representative and that particular project was on their “projects in design” list and was not close to going out to bid.

Pete LaFollette, Aliso Street, related that the Bryant Street industrial project was overbuilt and had high environmental and traffic impacts. He believes that the project has been ruinous for that part of town.

Mr. LaFollette stated that the Polito Project was overbuilt as well, and was another illustration of how the General Plan was not being adhered to or followed closely enough and had adverse environmental impacts.

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 17, 2007 and May 31, 2007, and Payroll Warrants for May 24, 2007 in the amount of $541,393.36.
RECOMMENDATION: Authorize payment.

c) Minutes of Ojai Arts Commission meeting of April 19, 2007
RECOMMENDATION: Receive and file.

d) Minutes of the Ojai Parks and Recreation Commission meeting of April 5, 2007
RECOMMENDATION: Receive and file.

e) Minutes of the Ojai Planning Commission for May 2, 2007
RECOMMENDATION: Receive and file

f) Ratification of Historic Preservation Award Nominee
RECOMMENDATION: Ratify the Historic Preservation Commission recommendation
for Michael Hermes as the City of Ojai Historic Preservation Award recipient for 2006.

g) Agreement with the County of Ventura Transferring Ojai’s Surface Transportation Program Funds in Exchange for Cash
RECOMMENDATIONS:
1. Adopt Resolution No. 07-20 authorizing the Mayor to sign an agreement between the City of Ojai and the County of Ventura to facilitate a funding transfer; and
2. Authorize the Ventura County Transportation Commission to transfer Ojai’s Surface Transportation Program funds to the County of Ventura in exchange for cash from the County, less $8,000 in administrative costs.

h) Grandview Sidewalk Project PW 2006-02
RECOMMENDATIONS:
1. Receive and accept all bids submitted for PW 2006-02, Grandview Sidewalk Project, and award the construction contract to the lowest responsible bidder, Nye & Nelson, in the amount of $41,935; and
2. Adopt Resolution No. 07-21 authorizing the Mayor to sign a contract with the lowest cost responsible bidder for Grandview Sidewalk Project; and
3. Appropriate $23,317 from the Street and Roads Fund (Fund 27) into Fund 41 FY 07/08 budget for project costs.

i) Shelf Road Repairs Project PW 2007-01
RECOMMENDATIONS:
1. Receive and accept all bids submitted for PW 2007-01 Shelf Road Repairs Project and award the construction contract to the lowest responsible bidder, Alliance Contracting, Inc., in the amount of $64,360; and
2. Adopt Resolution No. 07-22 authorizing the Mayor to sign a contract with the lowest cost responsible bidder for Shelf Road Repairs Project.

Council Member Horgan requested that Item d), Minutes of the Ojai Parks and Recreation Commission meeting of April 5, 2007, be amended as follows: “Councilwoman Horgan reported she was pleased with the Commission and supports the notion of a comprehensive Master Plan. She added the skatepark task force is great, and that Council did the community a
disservice with the current skate facility by not having a plan to build a permanent park to replace the temporary park.”

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

PUBLIC HEARING

2. Urgency Ordinance Extension

City Manager Kersnar noted that on May 1, 2007, the Council adopted Ordinance No. 794, an urgency ordinance, which established a moratorium on the issuance of development permits for formula retail businesses. He related that State law allows urgency ordinances to be effective for
45 days, after which they may be extended for an additional 10 months and 15 days. Mr. Kersnar stated that a resolution for the extension and the issuance of a report on plans for a permanent ordinance was required. The report was presented and adopted at the May 22, 2007 Council meeting.

Council Member Hanstad verified that, during the time in which Council intended to adopt a permanent ordinance and within the thirty day period before it became effective, the City would be covered by the Urgency Ordinance. City Attorney Widders responded in the affirmative.

Mayor Smith opened the public hearing.

Meg Goodwin related that comments she received, especially from people visiting the City, were that they really liked the unique one of a kind businesses.

Dennis Leary encouraged the Council to extend the moratorium on the issuance of development permits for formula retail businesses.

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

Council Member Horgan commented that in concept she supported extending the moratorium. She was, however, concerned about the length of time the urgency ordinance was being extended. She stated that the Council and the public had declared that the moratorium was a priority. Council Member Horgan suggested that as staff reports were prepared for the City
commissions, the Council also receive the reports.

Council Member Horgan mentioned that she generally did not support moratoriums or bans. This was an urgency ordinance for a short time. She thought that every day the City had a ban or moratorium of this kind, the City was opened to litigation, in particular from the property owner
on Matilija Street. Council Member Horgan thought that the risk could be minimized by shortening the extension and getting the permanent ordinance in place.

Mayor Smith agreed that it was important to get the ordinance in place as soon as possible.

Council Member Hanstad asked staff if the City would be legally more vulnerable if the City had a longer urgency ordinance extension. City Attorney Widders responded that the adoption of interim zoning moratoriums was an established, recognized and routinely practiced method and
the chance of a challenge to the interim urgency ordinance was very small.

Council Member Hanstad acknowledged that she understood the points being made by Council Member Horgan and Mayor Smith. Council Member Hanstad was satisfied with the timeline presented by staff because the preliminary work had been done. She would like the full extension to allow a studious, precise and thoughtful construction of the ordinance, and to allow
as much time as possible for public input.

MOTION: Council Member Hanstad moved and Council Member Olsen seconded to
adopt Resolution No. 07-23, thereby extending the moratorium on the issuance of development permits for formula retail businesses.

Council Member Olsen commented that only two extensions were allowed and it was prudent to utilize the full extensions in the event they were needed to work through the permanent ordinance thoughtfully and slowly.

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

DISCUSSION

NOTE: Item 4 taken out of order.

4. Rate Increase – E.J. Harrison & Sons Services for Disposal of Solid Wastes

City Manager Kersnar related that in the past Harrison had apparently gone several years without rate increases and then had applied for significant increases. He noted that the last time this occurred, Council suggested maybe it would be better to come back on an annual basis so that whatever increases did occur as a result of cost increase could be reflected in smaller more manageable rate increases.

Tom Chiarodit, E.J. Harrison & Sons, Inc., requested a cost of living based rate increase that followed a formula that had been adopted in other cities such as Camarillo and Ventura, and which had been used for last year’s Ojai rate increase. The formula applied 80% of the CPI annual change to the operational portion of the rate, which was the rate minus City fees and
disposal costs. For this past year, 80% of the CPI amounted to a 1.027% change. Harrison also requested a “Pass-Through” of tip fee changes paid at Gold Coast Recycling, which increased their tip fee to match a new rate at the Toland Landfill. The tipping fee at Gold Coast went from $42 per ton to $42.94, and the impact on city rates was less than 1%.

The rate increase request included $.63 cents per household per month for standard residential customers and a 2.3% increase in commercial service rates.

MOTION: Council Member Olsen moved and Mayor Pro Tem DeVito seconded to adopt Resolution No. 07-24 amending solid waste collection rates and approving a rate increase, and direct the Contractor to provide written notice to Ojai trash collection customers in accordance with contract terms.

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

3. Gravel Truck Update
Mayor Smith and City Manager Kersnar attended a meeting of the Santa Barbara Planning Commission on May 30, 2007 at which the Diamond Mine Proposal was presented by Santa Barbara Planning staff. The Commission also received public comment.

The Planning Commission decided that they would continue consideration of the matter until July 11, 2007.

City Manager Kersnar asked if Council was interested in receiving a report from staff about Council’s options related to any legal involvement in this matter.

Howard Smith, Michael Shapiro, Dale Hansen, Dennis Leary and Maria Studer, Coalition to Stop the Trucks, presented an update on the Coalition’s research and activities, and urged the Council to consider joining the legal efforts related to proposed permits in Santa Barbara and Ventura Counties for new and/or expanded sand and gravel mines, with associated truck traffic.

Council Member Horgan indicated that she was supportive of the Coalition’s efforts. She stated that it was important not to duplicate efforts and requested that staff and the City Attorney come back to Council with specific ideas on how the City might offer its support.

Council Member Olsen expressed concern regarding a possible gift of public funds. He stated that if the City did contribute then the City would need a say in the decisions of the Coalition.

Mayor Smith summarized that Council appeared to be in agreement to direct the City Attorney to work with the City Manager and study what the involvement would be and what would legally be the best use of taxpayers’ funds.

5. Public Works and Recreation Director Positions

City Manager Kersnar reported that Public Works Director, Doug Breeze, announced his retirement and Recreation Director, Carol Belser, announced her resignation, both to be effective near the end of the month.

Mr. Kersnar announced that Ed McCombs had agreed to serve as Interim Director for both the Public Works Department and the Recreation Department. In addition to helping with the day to day operations, Mr. McCombs will take a look at both operations and see if there are
opportunities to rearrange, restructure or even change position descriptions to make the operation run more effectively.

It is the City Manager’s objective to complete an analysis of operations prior to beginning recruitment for the permanent position in case there was restructuring.

6. Appointment to City Planning Commission

Mayor Smith presented the Sub-Committee report and recommended the appointment of Cortus Koehler to the City of Ojai’s Planning Commission.

MOTION: Council Member Hanstad moved and Mayor Pro Tem DeVito seconded to
ratify the appointment of Cortus Koehler to the City of Ojai’s Planning
Commission.

The motion passed unanimously.

At that time the Ojai City Council also convened as the Redevelopment Agency.

JOINT MEETING OF THE OJAI CITY COUNCIL AND
THE OJAI REDEVELOPMENT AGENCY

7. Revised FY 2006/07 and Proposed FY 2007/08 Budget

City Manager Kersnar stated that tonight’s deliberations would focus on any amendments to the Revised 2006/07 Budget and the Proposed 2007/08 Budget which was presented at a Special Joint Council and Redevelopment Agency meeting on June 5, 2007.

Caryn Bossom, Executive Director, and Dale Hansen, Ojai Valley Youth Foundation, presented the accomplishments and benefits of the Ojai Valley Youth Foundation, and urged the Council to restore funding to the Foundation’s Youth Employment Service (YES).

Council Member Horgan stated that she was pleased with the budget as presented.

MOTION: Council Member Horgan moved and Council Member Hanstad seconded to
accept the Revised FY 2006/07 Budget and the Proposed FY 2007/08 Budget as
presented.

Council Member Olsen felt that the budget was too conservative. He stated that he would like to see a portion of the Budget go to community service.

Mayor Smith commented that she would support an amendment such as supporting the Youth Employment Service (YES). She would also like to see perhaps $30,000 go into a fund as a savings account for the permanent skateboard park with the caveat that if the City’s reserves drop below the level Council decided it wanted for next year, that $30,000 would go back into reserves.

Council Member Hanstad agreed with Mayor Smith about the skatepark, however, she looked forward to hearing from the Skatepark Committee and to the response from the Parks and Recreation Commission. She emphasized that the Budget could be amended later to accommodate funds for the Skatepark.

Regarding the Youth Employment Service (YES), Council Member Hanstad commented that the City was not in a position to offer money to the community at this point because of the following: