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Ojai City Council Minutes of the Regular Meeting of August 28, 2007, 7:30 pm

ROLL CALL

On a call of the roll the following Council Members reported present: 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; Finance Director, Susie Mears; Interim Public Works Director and Interim Recreation Director, Ed McCombs; Transportation
Manager, Mike Culver; and City Clerk, Carlon Strobel.

PLEDGE OF ALLEGIANCE Mayor Pro Tem DeVito

INVOCATION Moment of Silence

PUBLIC COMMUNICATIONS

Evan Austin, Ojai Peace Coalition, requested that the Council issue a proclamation for the International Day of Peace to be read publicly as part of opening ceremonies in Libbey Bowl on Friday, September 21, 2007.

Mayor Smith stated that she would be in favor of placing a proclamation on the Council’s September 11, 2007 agenda.

Dennis Leary offered a draft ordinance on formula retail businesses to assist City staff in preparation of a final draft.

1. CONSENT CALENDAR
a) Warrants for August 9, 2007 and Payroll Warrants for August 16, 2007 in the amount of $157,463.72.
RECOMMENDATION: Authorize payment.

b) Minutes of the Ojai City Council Meeting of August 14, 2007
RECOMMENDATION: Approve as submitted.

c) Minutes of the Ojai Planning Commission Meeting of July 18, 2007
RECOMMENDATION: Receive and file.

d) Minutes of the Ojai Planning Commission Meeting of August 1, 2007
RECOMMENDATION: Receive and file.

e) Shelf Road Repair Project PW 07-01
RECOMMENDATIONS:
1) Accept PW 07-01 “Shelf Road Repair Project” as complete per contract
documents; and 2) Authorize the Mayor to sign and the City Clerk to record the Notice of Completion with the County of Ventura for PW 07-01.

f) Receive and Accept Offer of Grant Deeds
RECOMMENDATIONS:
1) Receive and accept two Grant Deeds to the City of Ojai for portions of a parcel of land located easterly of Bryant Street and northerly of Bryant Circle; and
2) Direct the City Clerk to record the Grant Deeds with the Ventura County
Recorders Office.

g) Authorization to Proceed with Ojai Meadows Restoration Project PW 07-02
RECOMMENDATION: Authorize the interim Public Works Director to call for bids for the Ojai Meadows Restoration Project and to make any non-substantive modifications to the design to facilitate engineering, environmental and/or economic issues, should any arise, and designate the project as PW 07-02.

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

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

PUBLIC HEARING

2. Ordinance for Formula Retail Businesses (continued from August 14)

City Manager Kersnar recapped the chronology regarding the proposed ordinance.

Mr. Kersnar reported that on August 15, 2007, the Planning Commission, after much deliberation and discussion with the City Attorney and staff, and after significant public testimony elected not recommend the proposed ordinance to the City Council. The Planning Commission requested the City Attorney to prepare an alternative ordinance for consideration by the Planning Commission.

Council Member Hanstad proposed holding a joint public workshop between the Planning Commission and the City Council. Council would have the benefit, first hand, of the Planning Commissioners’ input, and the joint discussions of Council Members and Planning Commissioners, as well as cohesive information from the staff and consistent feedback from the public.

Council Member Horgan supported the idea of a joint workshop.

Mayor Smith noted that one of the recommendations of the Planning Commission was that the City Attorney draft an ordinance that incorporated their comments and recommendations. Mayor Smith related that the City Attorney had redrafted the ordinance and it would be presented to the Planning Commission at their September 5, 2007 meeting.

Council Members discussed holding a joint workshop with the Planning Commissioners at their meeting of September 19, 2007, the Planning Commissioners could deliberate at their meeting of October 3, 2007, and Council could receive the Planning Commissioners’ recommendations at
the City Council meeting of October 11, 2007.

Mayor Pro Tem DeVito cautioned that any Planning Commissioners not able to attend a workshop on September 19, 2007 should provide their comments at the Planning Commission meeting of September 5, 2007.

Council Member Horgan suggested that questions or issues with the initial draft ordinance be put forward so that at the joint workshop those questions or issues might be answered or resolved.

Public Comments

Regarding the proposed Historic Commercial District, Dick Weirick commented that the wording was confusing and did not clearly make a distinction between the Historic Commercial District and regulations on other properties within the City. He objected to the outline of the
Historic Commercial District which appeared to have been prepared to include many retail businesses which were not historical. Mr. Weirick contended that the proposed ordinance would not help the occupancy of vacant buildings which were a detriment and which now existed
within the District. He recommended an analysis of the economic and traffic impacts of the ordinance on the City, particularly as to businesses and commerce. Mr. Weirick stated that selected and regulated formula retail businesses were beneficial to City commerce.

Mr. Weirick noted that the ordinance appeared to be a compromise of tourist business interest and citizens services interest needs that were driven by those using a blackmail threat of a vote as a way to eliminate all chain stores citywide.

Mr. Weirick recommended that a regulated historical district which was confined to an actual historical area be considered without a citywide change in zoning.

Leonard Klaif spoke in support of the Planning Commission’s unanimous decision in urging rejection of the proposed ordinance. He commented that the problem with the proposed ordinance, other than the proposed Historic Commercial District, was that it encouraged formula retail businesses within the City.

Ron Polito stated that his understanding of the proposed ordinance was that services, such as banks, real estate companies, insurance companies, would be allowed. He related that an ordinance prohibiting chain stores might jeopardize the ability to obtain financing for development, improving the downtown area and/or giving local businesses the opportunities to
improve. Mr. Polito emphasized that to encourage a vibrant downtown it was important to not tie the hands of the service sector, tenants or the opportunity of landlords.

B. Dawson, Noah’s Apothecary, commented that small business people were not rushing to open small businesses at the present time and the diversity of businesses within the City was suffering.

Dennis Leary submitted a draft ordinance on formula retail businesses to assist City staff in preparation of a final draft ordinance. Mr. Leary stated that the majority of the citizens wanted a citywide regulation on formula retail businesses.

Ernest Salomon addressed Council with his concern that while Subway had not been specifically named, it was unjustly targeted, which resulted in financial negotiations and the cancellation of a ten year lease. If adopted, Mr. Salomon believed the proposed ordinance would have a negative impact on property values within the City, impact people’s ability to obtain mortgages, and would disenfranchise many of the building owners.

Maria Thompson spoke in support of the proposed formula retail business ordinance.

Kenley Neufeld related that he first addressed the Council in April, 2006 requesting action on an ordinance regulating chain stores in Ojai. He noted that while progress had been made, there was still no finished product. Mr. Kenley contended that the Historic Commercial District was
not a good idea. He supported the Planning Commission’s recommendation to reject the proposed ordinance and allow the Planning Commission to continue their work and to entrust them to pass on to the City Council a recommendation which the Council could adopt.

Ken Veccio spoke in support of a Historic Commercial District and the benefits of bringing chain stores into the community. He advocated a dynamic but vibrant Ojai that preserved the best qualities of Ojai but allowed growth in a constructive manner, thereby meeting the needs of
a broad range of citizens.

Mayor Smith closed the public hearing.

Council Member Horgan stated that certain issues must be addressed before consideration of a final formula retail business ordinance, such as: