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Ojai City Council Minutes of the Regular Meeting of July 24, 2007, 7:30 pm

ROLL CALL

On a call of the roll the following Council Members reported present: Steve Olsen, Rae Hanstad, Sue Horgan and Joe DeVito. Also present were: City Manager, Jere Kersnar; City Attorney, Monte Widders; Ojai Chief of Police, Capt. Bruce Norris; Finance Director, Susie Mears; Interim Public Works and Recreation Director, Ed McCombs; Transportation Manager, Mike
Culver; and City Clerk, Carlon Strobel.

PLEDGE OF ALLEGIANCE Council Member Olsen

INVOCATION Moment of Silence

PRESENTATIONS
a) Presentation of Historic Person Plaque to Michael Hermes. Presentation continued to August 14, 2007.
b) Receipt of Poster from Ventura County Fair presented by Barbara Boester-Quaid.
c) Presentation of City Tile to retiring Public Works Director Douglas A. Breeze.
d) Presentation from Ojai Valley Youth Foundation.
e) Presentation from S.A.F.E. Coalition.

PUBLIC COMMUNICATIONS

Carroll Dean Williams announced that he was present to arrest the City Clerk under authority of Penal Code 834, 837, 840, 841 and 148.5a.

Ojai Chief of Police, Capt. Bruce Norris, stated that there was no cause for arrest and Penal Code Section 142.3 granted the right to refuse to make an arrest.

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 June 28, 2007 and July 3, 2007, and Payroll Warrants for June 21, June 28 and July 5, 2007 in the amount of $837,959.73.
RECOMMENDATION: Authorize payment.

c) Minutes of the Ojai City Council Special meeting of May 1, 2007 Meeting of April 19, 2007
RECOMMENDATION: Approve as submitted.

d) Minutes of the Ojai City Council Meeting of May 8, 2007
RECOMMENDATION: Approve as submitted.

e) Minutes of the Ojai City Council Meeting of May 22, 2007
RECOMMENDATION: Approve as submitted.

f) Minutes of the Ojai City Council Special Meeting of June 5, 2007
RECOMMENDATION: Approve as submitted.

g) Minutes of the Ojai City Council Meeting of June 12, 2007
RECOMMENDATION: Approve as submitted.

h) Minutes of the Ojai City Council Meeting of June 26, 2007
RECOMMENDATION: Approve as submitted.

i) Minutes of the Ojai City Council Meeting of June 26, 2007; adjourned to June 27, 2007
RECOMMENDATION: Approve as submitted.

j) Minutes of the Ojai City Council Meeting of June 26, 2007; adjourned to June 27, 2007; adjourned to June 28, 2007
RECOMMENDATION: Approve as submitted.

k) Minutes of the Arts Commission Meeting of May 17, 2007
RECOMMENDATION: Receive and file.

l) Minutes of the Historic Preservation Commission Meeting of May 14, 2007
RECOMMENDATION: Receive and file.

m) Minutes of the Historic Preservation Commission Meeting of June 11, 2007
RECOMMENDATION: Receive and file.

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

o) Approval of the Eleventh Amendment to the Agreement for Additional Library Services Purchased with Library Parcel Tax Money
RECOMMENDATION: Approve the Eleventh Amendment to the Agreement with
County of Ventura to provide additional library services to the City of Ojai for the period commencing July 1, 2007 and ending June 30, 2008, and authorize the Mayor to execute this Agreement on behalf of the City.

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

DISCUSSION

2. Designation of Voting Delegate and Alternate for 2007 League Annual Conference

MOTION: Council Member Olsen moved and Council Member Hanstad seconded to
appoint Mayor Smith as Voting Delegate, Mayor Pro Tem DeVito Voting Alternate and Council Member Hanstad as Second Voting Alternate to the League of California Cities Annual Conference.

The motion passed unanimously.

3. Request to Construct One Water Well at 605 El Paseo Road, Ojai, CA

City Manager Kersnar presented an overview of the staff report.

MOTION: Council Member Hanstad moved and Council Member Horgan seconded to
accept the determination of the Community Development Department that an
environmental study was not required consistent with exceptions noted in the California Environmental Quality Act (CEQA), Section 15303; and approve an application for a water well submitted by Dr. William Fox at 605 El Paseo Road.

The motion passed unanimously.

4. Support for Legal Efforts Regarding Diamond Mine Application

City Manager Kersnar stated that the issue before the Council was to determine to what degree and what kind of involvement the City might want to take related to the Diamond Mine application which was before the County of Santa Barbara, and potentially other mines in the area north of the City off of State Highway 33.

Mr. Kersnar noted that the Diamond Mine application had received an initial approval by the Santa Barbara Planning Commission, however, that it was a tentative approval because being a mine it required State approval as well. The matter must now be considered by the State Department of Natural Resources before being returned to Santa Barbara County for a final Planning Commission vote. After the Planning Commission has taken a final vote, the decision may be appealed to the Board of Supervisors of Santa
Barbara County. Until an appeal occurs and a decision has been made by the
Supervisors, thereby exhausting administrative remedies, legal action cannot be taken.

Mr. Kersnar expounded on the following options:
1) Cash contribution after findings that the contribution would be for the public benefit.
2) The creation of a consortium of interested parties.
3) Independent action by the City with communication and coordination with other interested parties.

Regarding independent action, Dale Hanson recommended the City have a representative (staff or council member) attend and participate in meetings held by other interested parties.

MOTION: Council Member Horgan moved and Council Member Olsen seconded to
initially pursue the cooperative independent action approach.

The motion passed unanimously.

5. City Gallery Artist Agreement, Fee for Exhibiting Artists and Charges for Artist Workshops

City Manager Kersnar reported that the Arts Commission was requesting approval of an Artist Exhibition Agreement, which would include implementation of a 15% fee for all works sold by exhibiting City Municipal Gallery artists. Additionally, the Arts Commission was requesting to be allowed to charge a nominal $10 suggested donation for future educational artist workshops.

MOTION: Council Member Hanstad moved and Council Member Olsen seconded to
approve the proposed Art Exhibition Agreement and authorize the Arts Commission to charge a suggested donation amount for artist workshops.

The motion passed unanimously.

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.

INFORMATION ITEMS

7. Update on the Town Hall Meeting between Gridley area residents and Cal Trans

8. Southern California Gas Company Gas Main Construction in Grand Avenue

REPORTS FROM COUNCIL MEMBERS

ORAL REPORT(S) FROM CITY MANAGER

ADJOURNMENT

There being no further business the meeting was adjourned at 9:08 p.m. in memory of Mrs. Margery Sims.


______________________________ __________________________
Joe DeVito, Mayor Pro Tem Carlon Strobel, City Clerk