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Ojai City Council Minutes of the Regular Meeting of November 27, 2007, 7:30pm

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; Ventura County Fire Protection District, Battalion Chief, Scott Schuster; Finance Director, Susie Mears, Acting Public Works Director, Mike Culver; Contract Planner, Abe Leider; and City Clerk, Carlon Strobel.

PLEDGE OF ALLEGIANCE Council Member Hanstad

INVOCATION Moment of Silence

PRESENTATIONS

a. Proclamation for the Alzheimer’s Disease Awareness Month.
b. Certificate of Appreciation for Caryn Bosson, Departing Executive Director of Ojai Valley Youth Foundation.

PUBLIC COMMUNICATIONS

Council Member Rae Hanstad related that a model Social Host Ordinance was adopted first in the City of Ojai, subsequently by the County of Ventura, and had now been adopted by all eleven jurisdictions of the County of Ventura. The Underage Drinking Enforcement Training Center presented their 2006-2007 Success Story Recognition Award to Ventura County Behavioral
Health Department and Ventura County Limits for enforcing underage drinking laws; and for innovation and perseverance in reducing underage drinking. This is a national award.

Michael Shapiro, Stop the Trucks! Coalition, reported on efforts to regulate and/or stop truck traffic from mine transport trucks coming from Los Padres and using Ojai as a central trucking route.

1. CONSENT CALENDAR
a) Warrants for November 15, 2007 and Payroll Warrants for November 8, 2007 in the amount of $155,589.37.
RECOMMENDATION: Authorize payment.

b) Minutes of the Ojai City Council Meeting of November 13, 2007
RECOMMENDATION: Approve as submitted.

c) Minutes of the Ojai Planning Commission Meeting of October 17, 2007
RECOMMENDATION: Receive and file.

d) Minutes of the Arts Commission Meeting of October 18, 2007.
RECOMMENDATION: Receive and file.

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

f) City of Ojai 2008 Holiday Schedule
RECOMMENDATION: Approve the City’s 2008 Holiday Schedule.

g) Resolution in Support of Tom Bradley Commemorative Stamp
RECOMMENDATION: Approve Resolution No. 07-42 supporting the issuance of a
stamp commemorating former Los Angeles Mayor Tom Bradley.


h) City of Ojai Matching Funds for Fire Safe Council Grant
RECOMMENDATION: Approve the allocation of $10,320 for the Ojai Valley Fire Safe Council to satisfy the City’s pledge for matching funds for a grant awarded for Ojai’s Last Defense Fuel Break project.

i) An Ordinance Amending the Ojai Municipal Code Adding Section 10-2.1713
(Formula Business Establishments) and Renumbering Existing Section 10-2.1714
RECOMMENDATION: Adopt Ordinance No. 798 to become effective December 28,
2007.

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

PUBLIC HEARING

2. Design Review Permit (DRP 05-01), Tentative Tract Map (TTM 05-01) and Tree Permit (T 07-22) for a 10-Unit Condominium Development Located at 312 W. Aliso Street

Contract Planner, Abe Leider, presented an overview of the staff report.

Mr. Leider reported that the Planning Commission had recommended the following conditions:
1) Address off site oak trees which would be affected on neighboring property from the excavation of the duplex (Condition 11f added).
2) Tract map match the site plan in placement of an easement.
3) Landscape Plan (Condition 14 in staff report)

Mr. Leider stated that staff recommended that the following conditions be added:
1) Covenants, Conditions and Restrictions be developed before the final map and submitted for review by the City Attorney.

2) The Covenants, Conditions and Restrictions are to include the landscape and maintenance plan so the home owners association can enforce and ensure the health of the oak trees over the long term.

Council Member Horgan stated for the record that she walked the subject property Monday, November 26, 2007.

Marc Whitman, Architect, provided photographs of the property as it currently exist and presented an overview of the proposed project.

Mayor Pro Tem DeVito requested verification that an arborist would perform any required work on the trees. Additionally, Mayor Pro Tem DeVito requested verification that roofs, plumbing and electrical wiring would be brought up to current standards.

Judy Treim, San Buenaventura Research Associates, stated that they had prepared the historical report on the site. She was pleased that the architect and owner wanted to keep the design and character of the houses.

Richard Colla, owner, discussed the proposed project and invited questions from the Council.

Mayor Smith opened the public hearing.

Leonard Klaif, Fulton Street, stated that eight de facto affordable housing units would be lost. He expressed confusion regarding the number of trees which would be removed and the number of trees which would be placed in jeopardy from the project. He expressed concern over the number oaks which would be placed in jeopardy off the project site. Mr. Klaif recommended that the Council request further amplification and guarantees on how the remaining oaks would be protected.

Paul Rogers, arborist, addressed tree removal and noted that four trees would be removed or had been removed because of hazardous conditions. The remaining nine trees would be removed because of developmental needs. He summarized that the project site contained forty six (46) trees, thirty one (31) of which were oak trees, and none of the oak trees were to be taken out.

Mr. Rogers reported that a group would be assembled to aid in retaining the site as an oak forest. He observed that the remaining oaks were old, large and exhibited some problems which would be addressed. He related that where the opportunities existed, new trees would be planted. Mr. Rogers confirmed that any and all work regarding the trees would be under the supervision of an arborist.

Elise Depuydt, Cottage resident, noted that the proposed development had good intentions. She commented on the loss of oak trees in the area over the past few years. Ms. Depuydt also commented that during major rains the access road turned into a “river” because the ditch which was supposed to carry the water filled to the top. She believed the problem stems from areas north of the subject property.

John Fanniff, Cottage resident, commented that when the conversion to condominiums was made, many of the current residents would not be able to afford to purchase the condominiums and would be forced to relocate out of the area.

MOTION: Council Member Hanstad moved and Council Member Horgan seconded to
close the public hearing. The motion passed unanimously.

Council Member Horgan asked about possible flooding problems regarding the access road. Mr. Whitman responded that an extensive drainage report and design had been prepared which recognized potential flooding issues. He related that the cannel would be widened through the proposed project and to Aliso Street which should alleviate any problems.

Council Member Horgan noted that the subject property and the cottages were really charming. She expressed concern about the loss of affordable rental units. She observed that the proposed design was a sensitive approach to dealing with and retaining the historic nature of the property.

Mayor Smith stated that the proposed project was beautiful and she appreciated the care being taken. She expressed concern over the loss of eight affordable rental housing units. Mayor Smith objected to the finding in the California Environmental Quality Act (CEQA) report indicating no impact as to displacing substantial numbers of people, necessitating the construction of replacement housing elsewhere.

Mayor Smith recommended addressing the displacement of people and the loss of affordable housing should be included in a development agreement. She suggested that as units sold a portion of the selling price could go toward an affordable housing fund to assist displaced residents.

Council Member Olsen expressed appreciation regarding the sensitivity to the historical aspect of the Cottages, attrition and trying to work out the best plan possible for the transition. Mr. Olsen trusts that Mr. Rogers’ arborist report does adequately address the tree issues.

Mayor Pro Tem DeVito commented that he opposed the proposed use of carports in the project and would prefer enclosed garages with space provided for storage.

Mayor Pro Tem DeVito regretted the loss of affordable housing units and hoped this need could be addressed in the Housing Element update.

MOTION: Council Member Olsen moved and Council Member Hanstad seconded to
adopt the required findings for Design Review Permit DRP 05-01, Tentative Tract Map TTM 05-01 and Tree Permit T 07-22, including CEQA findings; and adopt the CEQA Mitigated Negative Declaration for DRP 05-01, TTM 05-01 and T 07-22; and adopt Resolution No. 07-43 approving DRP 05-01, TTM 05-01, T 07-22 and a Growth Management Ordinance allotment of two new units, subject to conditions of approval as amended.

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


DISCUSSION

3. First Quarter Budget Review

City Manager Kersnar presented an overview of the staff report and noted that the projections contained in the Adopted Budget appeared solid. He noted that all revenues were performing as or better than expected. Mr. Kersnar pointed out that it appeared the City would realize savings in the contract with the Sheriff’s Department. Staff did not recommend any adjustments in the FY 2007/08 Budget at this time.

As for FY 2006/07, Mr. Kersnar stated that additional year-end money would enable the City to support the Skate Park, without jeopardizing any other plans, and to increase the City’s reserve position.

MOTION: Council Member Horgan moved and Mayor Pro Tem DeVito seconded to
direct staff, before closing the books on Fiscal Year 2006/07, to transfer $100,000 from Fund 10 (General Fund) to Fund 31 (Capital Projects Fund), to be used for a Skate Park construction project; and accept the First Quarter FY 2007/08 Budget Review that contains no budget adjustments.

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

4. Skate Park Project

City Manager Kersnar presented an overview of the staff report.

Council Member Horgan wondered if it would be possible, concurrent with the fund raising effort, to move forward with the development of modular designs for incremental levels of anticipated funds.

Mayor Smith noted that while the Skate Park was a City project, to develop multiple modular designs would take City staff time, raise the cost of the project and deplete the $100,000 committed to the Project.

The following persons spoke as advocates for the Skate Park Project:
Vicki Coen
Mary Jo Healy
Ellen Hall
Tom Hawes
Judy Gabriel
Justin Wright

Council Member Horgan acknowledged that while everyone would like to have a
concrete in-ground skate park, right now the City did not have money for that type of a project. She voiced confidence in the fund raising abilities of Skate Ojai. Council Member Horgan suggested it would be in everyone’s best interest to look at designs we could afford should the anticipated fundraising goal not be made.

Mayor Smith summarized that Council wanted updates, wanted Skate Ojai to know that the fundraising was not to go on indefinitely, that the City had deadlines to meet, and by June 2008 wanted to be ready to build.

AMENDED MOTION: Council Member Hanstad moved and Council Member Olsen
seconded to direct that $100,000 from the FY 2006/07 City budget be held in Fund 31 (Capital Projects) and designated for a Skate Park Project; ask that Skate Ojai contribute funds raised in support of the Project on or before June 30, 2008; and, monthly, the Council receive an Information Item update to keep the Council apprized of the progress.

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

5. San Antonio Bridge Replacement Project

City Manager Kersnar presented an overview of the staff report.

City Attorney Widders added that it would be appropriate to understand the way the State of California handled regulation of streets and highways. In California streets and highways have been preempted by the State and the State has taken upon itself full jurisdiction over all regulation of streets and highways. A city or county only had that power to regulate streets and highways as was given to them by the State. The statutory
scheme was such that state highways that travel through cities or counties are totally under the jurisdiction of Cal Trans and a city or county may not regulate a state highway unless Cal Trans gives them permission to do so. Mr. Widders related that there was a procedure to petition Cal Trans and ask them to be allowed to regulate in some manner a state highway.

In response to Council Member Olsen’s inquiry regarding a stop light verses the alternative, City Manager Kersnar explained that the Cal Trans traffic study in support of the idea of signalized, alternating one-way bridge was that it would cause a delay of two and one-half minutes in a trip from Point A on one side of the bridge to Point B on the other side. By contrast, the detour going around the project would create a delay of four
and one-half minutes. In general, the signalized approach would create less delay for most trips than would the detour. The down side to the one-way bridge approach was that it would be over two building seasons and there would be a longer period of time in which delays would have to be endured.

The following persons spoke as advocates to redesign the project to allow for a two-phased reconstruction whereby the bridge replacement would be done one lane at a time with a signal-controlled single lane of traffic, over two building seasons:

Peter Cantle, Gridley Road
Richard McArthur, E. Ojai Avenue
Michael Borders, San Gabriel Street

The following persons spoke as advocates to move ahead with the originally proposed street detour, with construction over a six month period:

Duane Dammeyer, Boardman Road
Pat Harmann, Boardman Road
Larry Hartmann, Boardman Road

Maria Studer, Grand Avenue, spoke in opposition to the replacement of the San Antonio Bridge and proposed that the bridge being improved was to allow for increased truck traffic through the Ojai Valley.

Michael Shapiro, Stop The Trucks! Coalition, recommended obtaining an independent, unbiased, transparent, assessment of the status and safety of the San Antonio Bridge. Mr. Shapiro also questioned the motives of Cal Trans in repairing and/or improving the bridge.

Jon Kertis, Grand Avenue, recommended that Cal Trans consider a parallel bridge during repairs to the San Antonio Bridge.

Stan Greene, Ojai, expressed concern that improvements to the San Antonio Bridge could result in heavy truck traffic through both Ojai and Santa Paula. He agreed with Mr. Shapiro that an independent evaluation was in order. Mr. Greene opposed using City streets for a detour.

The following persons spoke in support of the proposed resolution opposing the use of City streets for a detour:

William Ulrick, Gridley Road
Tom Horton, Gridley Road

Jim Malone, San Gabriel Street, recommended that the Council urge Cal Trans to enter into meaningful discussions regarding other options which might be available.

Council Member Horgan recommended continuing discussions with Cal Trans and
encouraging the involvement of other agencies such as Ventura County Transportation Commission, Supervisor Bennett and Audra Strickland to get the San Antonio Bridge repaired and within a reasonable timeframe.

Council Member Hanstad noted that while the bridge would not have a defined
pedestrian lane, it would have more width, and therefore would be safer for pedestrians and bicyclist.

Council Member Hanstad requested that staff find out whose responsibility it was to clean the debris from underneath the bridge and have the debris cleared before the first storms.

Council Member Hanstad also requested that the Police Department place the speed trailer on Gridley Road to determine if extra enforcement was needed.

Mayor Pro Tem DeVito stated that when vehicles were crossing the San Antonio Bridge, it was completely unsafe for pedestrians or bicyclist to cross. He believed the bridge should be replaced.

MOTION: Council Member Olsen moved and Mayor Pro Tem DeVito seconded to adopt Resolution No. 07-44, directing staff to notify Cal Trans that the City expresses opposition to the use of City streets for a detour in support of the proposed San Antonio Creek Bridge replacement project.

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

6. Appointment of Alternate to the Ojai Basin Groundwater Management Agency
(OBGMA)

MOTION: Mayor Pro Tem DeVito moved and Council Member Hanstad seconded to
appoint Council Member Horgan as Alternate to the Ojai Basin Groundwater
Management Agency (OBGMA).

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.

REPORTS FROM COUNCIL MEMBERS

ORAL REPORT(S) FROM CITY MANAGER

ADJOURNMENT

There being no further business the meeting was adjourned in memory of Judge John Hunter and former Ventura County Council Woman, Dorothy Schechter, at 11:05 p.m.


______________________________ __________________________
Carol Smith, Mayor Carlon Strobel, City Clerk