MINUTES OJAI CITY COUNCIL AND OJAI REDEVELOPMENT AGENCY SUCCESSOR AGENCY JANUARY 13, 2015 Mayor Lara called the regular meeting of the Ojai City Council to order on Tuesday, January 13, 2015 at 7:00 p.m. in the Council Chambers of Ojai City Hall, 401 S. Ventura St., Ojai, California. ROLL CALL On the call of the roll the following Council Members reported present: Paul Blatz, Betsy Clapp, Randy Haney, Severo Lara and William Weirick. Also present were: City Manager Robert Clark, City Attorney Joseph Fletcher, Police Chief Dave Kenney, Community Development Director Kathleen Wold, Public Works Director/City Engineer Greg Grant, Finance Director Rudolf Livingston, Deputy City Manager Steve McClary and City Clerk Rhonda Basore. ABSENCES — None. PLEDGE OF ALLEGIANCE Council Member Clapp led the pledge of allegiance. PRESENTATIONS — City Manager Robert Clark introduced new Finance Director Rudolf Livingston. COMMISSION REPORTS Historic Preservation Commission Chair Craig Walker reported on the Commission's sadness regarding the recent decision of the City Council to uphold Ojai Valley's Inn appeal of Historic Preservation Commission and Planning Commission's denial of changes to the Neff Lounge. Council Member Clapp said after thinking about her decision she tried to bring forth reconsideration of the matter. She felt the HPC and City Council were not given adequate time to review. She said she felt the project was rushed through the Community Development Department during the holidays and then pressure was put on the City Council to make a decision. She said this preferential treatment is unfair. She would like the HPC to review the policy's so that this never happens again. She said she owed the Commission's an apology and was sorry that this happened. Parks and Recreation Vice Chair Sunday Rylander reported at the last meeting the Commission reviewed concept designs for Libbey park playground equipment and the five year Capital Improvement Plan.

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Arts Commission Chair Christine Golden reported the Commission will be hosting and be giving the Hope. Frazier award to Susan Stinsmuehlen-Amend at its meeting on January 15. Building Appeals Board Member Dale Hanson reported the Board is reviewing its goals and the ombudsman position. Planning Commission Chair Steve Foster reported the Commission is reviewing the 2nd dwelling unit policy, Design Review process and Neighborhood Planning process. Council Member Weirick asked for the City Council to be kept in the loop regarding the neighborhood planning process. PUBLIC COMMUNICATIONS Michael Frances Smith, Ojai Neighbors Engaged, announced there will be a telecommunications workshop on January 20 at 6:00 p.m. and encouraged people to attend. Carol Smith, Ojai, said she was disappointed with how the nominations for Mayor and Mayor pro tern were handled at the December 9 City Council meeting. She said according to rotation past practice, the Council Member with the highest votes would usually be nominated for the Mayor's position. Of the current Council Members Betsy Clapp has the highest number of votes. At the meeting of December 9 Council Member Clapp was not even nominated or asked if she wanted to serve as Mayor. Meg Goodwin, Ojai, said how disappointed she was with the outcome of the Neff Lounge renovation. She thought historic reviews needed 12 months and asked staff to follow the rules in place. Bob Daddi, Ojai, said he is disappointed when agenda items that require very little time are put last on the agenda list. He asked the City Council to review how the agenda is put together. He also asked if the agenda can be posted at least 10 days in advance; resolutions and ordinances have authorship stated; and meeting information be posted on the website well in advance of the meeting. Craig Beam, Ojai, asked if staff can reach out to the stake holders when reports and documents are being put together for agenda items. Steve Quilici, Ojai, said he attended an Ojai Valley Sanitary District meeting and was pleased to see Council Member Haney there. He could not find a list that lists who is the liaison to the Sanitary District. He said he would be happy to serve in that capacity if the City Council so wished.

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CONSENT CALENDAR (Items la —1m) Council Member Weirick asked to pull Item 1K for further discussion. Mayor pro tern Blatz asked to pull Item 1M for further discussion. 1. a) Waiver of Reading in Full of Any and All Ordinances Listed on this Agenda and Provide that they be Read by Title Only and Directing the Clerk to Assign an Ordinance Number Upon Successful Introduction. b) Warrants for November 22 through December 29, 2014 in the amount of $718,499.58 ACTION: Authorized payment. c) Treasurer's Monthly Report of Investments for the month of July 2014 for City of Ojai and the Redevelopment Agency Successor Agency ACTION: Received and filed. d) Treasurer's Monthly Report of Investments for the month of August 2014 for City of Ojai and the Redevelopment Agency Successor Agency ACTION: Received and filed. e) Minutes of the City Council regular meeting of December 9, 2014 ACTION: Approved as submitted. f) Minutes of the Planning Commission regular meeting of November 19, 2014 ACTION: Received and filed. g) Minutes of the Historic Preservation Commission regular meeting of October 9, 2014. ACTION: Received and filed. h) SECOND READING — Ordinance No. 850, an Ordinance which amends various sections of Title 3, Chapter 7 of the Ojai Municipal Code related to Skate Park Regulations ACTION: Adopted Ordinance No. 850, an Ordinance which amends various sections of Title 3, Chapter 7 of the Ojai Municipal Code related to Skate Park Regulations and directed the City Clerk to publish the adopted ordinance within 30 days of its passage. i) 2015 Art Grant Awards ACTION: Ratified the City of Ojai Arts Commission funding for the 2015 Art Grants.

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j) Amendment No. 2 to Consulting Services Agreement to perform Financial Audit services for the FY 2015-16 and FY 2016-17 ACTION: Authorized the City Manager to execute Amendment No. 2 to Consulting Services Agreement with Moss, Levy & Hartzheim, LLP, to perform the City's annual financial audit for the fiscal year 2015-16 and the fiscal year 2016-17. I) Grant Application Authorizations for Pedestrian Safety Improvements on Ojai Avenue and Maricopa Highway; and Trolley Shelters ACTION: Authorized the City Manager to submit Congestion Mitigation and Air Quality (CMAQ) and Active Transportation Program (ATP) Grant applications for pedestrian and bike improvements on Ojai Avenue and Maricopa Highway and improvements to various Trolley stops as outlined in this report, including a potentially needed resolution for the ATP grant signed by the Mayor supporting the project and the required matching funds. MOTION: It was moved by Council Member Clapp, seconded by Mayor pro tem Blatz to approve Consent Calendar Items 7a through 7J and 7L as submitted. On roll call the vote was: Blatz, Clapp, Haney, Lara, Weirick AYES: NOES: None ABSENT: None ABSTAIN: None k) Traffic Mitigation Fee, Indexed Based Adjustment ACTION: Adopted Resolution No. 15-01 increasing traffic mitigation fees by 38% as provided in the Reciprocal Traffic Mitigation Agreement with Ventura County. Council Member Weirick asked if the fee included new construction or just renovation/replacement projects. City Manager Robert Clark said the fee does not include restoration or renovation. MOTION: It was moved by Council Member Weirick, seconded by Mayor pro tem Blatz to adopt Resolution No. 15-01 increasing traffic mitigation fees by 38% as provided in the Reciprocal Traffic Mitigation Agreement with Ventura County. On roll call the vote was: Blatz, Clapp, Haney, Lara, Weirick AYES: NOES: None ABSENT: None ABSTAIN: None

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m) Live Broadcast of School Board Meetings ACTION: Approved the schedule of live broadcasts for School Board meetings. Mayor pro tem Blatz asked why this report was before the City Council. City Manager Robert Clark said the report is confirming the School Board will have preference to live broadcasts on the dates listed even if the City Council should hold a meeting that conflicts. MOTION: It was moved by Mayor pro tern Blatz, seconded by Council Member Weirick to approve the schedule of live broadcasts for School Board meetings. On roll call the vote was: AYES: Blatz, Clapp, Haney, Lara, Weirick NOES: None ABSENT: None ABSTAIN: None PUBLIC HEARING — None. DISCUSSION ITEMS Mayor Lara indicated that he was going to reorganize the agenda as follows. 7.

Appointment to the Parks and Recreation Commission

City Clerk Rhonda Basore presented the administrative report. Mayor Lara asked if there was anyone wishing to speak on this item. There was no one wishing to speak. MOTION: It was moved by Council Member Weirick, seconded by Council Member Clapp ratifiying the appointment of Adam Dutter to serve on the Parks and Recreation Commission for a term that ends May 2018. On roll call the vote was: AYES: Blatz, Clapp, Haney, Lara, Weirick NOES: None ABSENT: None ABSTAIN: None 6.

Annual Attendance Reports for City Commissions

City Clerk Rhonda Basore presented the administrative report. Council Member Weirick asked for this to be brought forward because he thought three or more absences, whether consecutive or not, was concerning.

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Mayor Lara supported dropping the word consecutive. Council Member Clapp said missing three or more meetings for a commission that meets once a month is concerning. Council Member Haney said if someone misses 50% of the meetings they are demonstrating they do not want to serve on the Commission. He was okay with leaving the word consecutive, but after discussion and realizing someone could miss every other month and not be in violation, supported removing the word consecutive. Mayor pro tern Blatz said three in a row and definitely four caused a concern. Council Member Weirick said no more than three consecutive meetings or a total of four should be brought forward for discussion. City Attorney Joseph Fletcher said a policy needs to be created and/or the code amended to reflect what will happen if the policy is violated. City Manager Robert Clark said the absences are based on a calendar year. Mayor Lara asked if there was anyone wishing to speak on this item. Bob Daddi, Ojai, said a Commissioner that misses three or more meetings for a Commission that meets once a month is concerning. He also mentioned it is concerning when City Council liaisons miss meetings and felt there should be something done when this happens. Steve Foster, Ojai, said it is important for Commissioners to attend the meetings. He said he serves on the Planning Commission, which meets twice a month, but also attends many other meetings as a representative for that Commission. He said he could go to approximately 35-40 meetings in a year. He just wanted the City Council to be aware of the extra duties/meetings Commissioners do. He also said sometimes life gets in the way. There was no one else wishing to speak. Mayor pro tem Blatz said the City Council has a responsibility to the community when it makes a commitment to be a liaison to a regional board and asked for the attendance of City Council liaisons be posted as well. ACTION: Direction was given to staff to prepare a Commission Attendance policy and bring a report forward at a future City Council meeting. 4.

City Council Goals

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Mayor Lara gave a power point presentation to facilitate a discussion of the process for establishing City Council vision and goals. Council Member Weirick said utilizing volunteers was important to the city; keeping communication open between Commissions is important; the City Council needs to be realistic to how many demands it puts on staff. The city is very lean in staffing and the city council and community need to realize this. He said the question is how to open the process so can get more information from the public as well. Council Member Clapp said there is already a priority list and staff should work on completing that list. There was a discussion about upgrades to the web site, posting more information and having something interactive for the community. Staff indicated a contract was awarded in December to a web consultant and hoped to have the project finished by March. Staff asked the community to contact them with input and suggestions for the website. Council Member Haney said his biggest concern is water and should be discussed and placed on the priority list. Mayor Lara asked if there was anyone wishing to speak on this item. Bob Daddi, Ojai, spoke on posting more information to the website. Joel Anderson, Ojai, also spoke on posting more information to the website and using this useful tool. Steve Quilici, Ojai, suggested using more volunteers. He stated he would be willing to serve in some capacity. Bill Miley, Ojai, said he would like to see more information posted on the website regarding building permits. He felt if this information was available to the public it would help defer many questions and issues. He had the following five suggestions: 1. Crafting a Design Review overlay zoning for all signal family zone parcels over 1 acre in size. 2. A building and zoning ordinance which requires a permit for building of any fence 3. Addition of language in the "frontage" sections for parcels with boundaries on city streets listing minimum number of linear feet required to make it a legal frontage line. 4. Follow up compliance on Development Agreements with owners/contractors/developers. 5. Follow up on development agreements and require a specific number of inspections to occur after conditions are put on a project. Under that process, developers must cover the cost of those long-term inspections.

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Alasdair Coyne, Ojai, read for the record: I support your acknowledgement of the city's need to discuss cultural resource protection procedures. I'd like to remind you about Ojai's General Plan. The California Supreme Court has called the General Plan the constitution for a city. It is the most important policy document that Ojai has, and all zoning codes and procedures need to be consistent with this document. The Conservation Element of the General Plan requires preservation or appropriate investigation of known and potential cultural resources. It does not matter whether CEQA applies — whether the project is deemed ministerial or exempt. Ojai has a legal obligation to protect or preserve cultural resources regardless of CEQA, because of the General Plan. All development must consider appropriate protections for cultural resources. Monitoring by a Native American and an archaeologist is not a substitute for review of appropriate cultural resource protections. It's too late when a backhoe or bulldozer destroys an archaeological site. The General Plan requires conformity with the zoning ordinance. It is noted that Ojai has no zoning ordinance protecting cultural resources. Page 10 of the Open Space Element states, "conflicts in zoning will be resolved as expeditiously as possible." This is also required by state law. I urge you to make it a priority to develop a zoning ordinance to protect cultural resources and direct staff to appropriately review cultural resources for all development. The city must also establish a working relationship with the local tribe and respect their recommendations and knowledge. Pat Tumamait, Ojai, asked for the historical cultural resources changes be discussed as soon as possible. There were no further speakers. City Manager Robert Clark reviewed the list of projects staff has accomplished in the past year, which was a lot of work. He said most of the projects on the list are almost completed and new items could be discussed during the budget review cycle which will start in the two to three months. Council Member Clapp said the City Council has already given direction to staff and set a priority list. She supported community input, but felt the list provided in the report should be completed before more things are added. Council Member Weirick would like to have community task groups help gather information and make suggestions to staff to help move the process along. 5.

Council Representatives to County and Regional Boards, Libbey Bowl

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Committee, Council Committees and Community Volunteer Groups City Clerk Rhonda Basore presented the administrative report. The City Council discussed and determined their assignments as follows: MayorLara

Mayor Pro Tem Blatz

Council Member Clapp

Council Member Haney

CJPIA - Rep

CJPIA - Alt

OBGMA - Rep

OBGMA - Alt

City Selection Committee - Rep

City Selection Committee - Alt

Gold Coast - Alt

Animal Control - Rep

Animal Control - Alt

Gold Coast - Rep VCOG - Rep

VRSD — Rep VCTC - Rep

EDC-VC - Alt

SCAG - Rep

Council Member Weirick EDC-VC Rep Ojai Green Coalition Liaison VRSD - Alt

VCOG - Alt Valley Ojai Sanitation District Alt School District - Alt

Ojai Valley Sanitation District Liaison School District Liaison

L

Mayor Lara asked if there was anyone wishing to speak on this item. There was no one wishing to speak on this item. The appointments stand as above. 2.

City Attorney Recruitment Process

City Manager Robert Clark presented the administrative report. He said the following questions and comments arose after the agenda was posted: 1. 2. 3. 4. 5. 6.

Do you live in the area or are you willing to move to the area? What type of work load are you accustomed too? How do you work under stress / deadlines? How you work with others / are you a micro manager or a delegator? What do you hope to achieve / goals / desires as the City Attorney? Most importantly, what does the community of Ojai mean to you?

On (1) above, my understanding is that while the City Council cannot require city residency for a City Attorney, it CAN specify a reasonable distance from the City of Ojai for residency. I obtained this information from the League of California Cities. I would like to consider adding whatever we can legally to the RFP in terms of defining such a

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reasonable distance. The distance of thirty (30) miles from Ojai comes to mind. Under "Compensation and Reimbursement" it is stated that regular Council meetings start at 7:30 pm. By ordinance and practice, that should be 7:00 pm. Under "Background", the population is listed as 8,000 residents. The latest estimate from the California State Dept of Finance, Demographic Unit, for Ojai 2014 population is 7,594. I would suggest we change the 8,000 number to "approximately 7,600 residents." I would further like to add the sentence at the end of "Background" stating "The citizens of Ojai are noted for being highly engaged in a wide range of community activities, including a high degree of participation with the City's governance." Under California code 34856, the city attorney is the ONLY appointed position in a general law city which CANNOT be delegated in any way to the City Manager, even by ordinance. As the only appointment made by City Council other than the City Manager, serving at the pleasure of Council, the Council is the City Attorney's client. I would further contend that the Council has great latitude to structure the City Attorney's contract as it sees fit. This implies to me that the submittals for City Attorney should be addressed to: Mayor Severo Lara, at an appropriate address at City Hall, as the Chair of the appointing body for this position. Further, at the end of the RFP, this implies to me that questions regarding the RFP should be directed first to Mayor Severo Lara. I certainly would expect Mayor Lara and the City Manager to collaborate closely on responses to questions, but the Council Chair should be the primary contact for those inquiries. In the section "Introduction" I would like to change the sentence "The City Attorney is selected by the City Council and works closely with the City Manager and other City Staff to read "The City Attorney is appointed by the City Council, serves as the Council's general counsel, and works closely with the City Manager and other City staff according to contract stipulations and protocols approved by Council." In the section "Specific Company Information", I would like to change the sentence "or to maintain Internet services such that mail and files can be transmitted between City Staff and the City Attorney" to read "to maintain internet services such that communications and documents of significant attachment size can be readily transmitted between City Council

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members, City staff, and the City. Mayor pro tern Blatz asked if the City Council can require the appointed position to live within the city. City Attorney Joseph Fletcher suggested it be a factor in the evaluation process in order to get the best possible legal counsel for Ojai. Mayor Lara asked if there was anyone wishing to speak on this item. There was no one wishing to speak. Council Member Clapp asked if the interviews of prospective candidates can be done in closed session. The City Attorney said yes. ACTION: The City Council gave direction to the City Manager to issue the request for proposals for City Attorney Services. 3.

Review of the policies relating to transient rental of residential properties

City Manager Robert Clark presented the administrative report. Mayor Lara asked if there was anyone wishing to speak on this item Bill Miley, Ojai, read for the record: In my previous email I expressed points of view which would continue to allow vacation rental houses to operate in the city. But only if they have a city code permit and operative within standards and that the city requires an annual audit with two code enforcement inspections per year both paid for by the permittee. In this email I want to posit a position of not allowing any vacation rentals within the city (or limiting their numbers) The major arguments supporting my point are economics and the disruption of community/neighborhood integrity. Zoning integrity... We zone for resort/motel/hotel businesses in a way that supports a balance of commercial, business, visitors, recreation, arts, multiple residential and single residential. We establish residential neighborhood zoning for a purpose. That has been historic and best practice. Values for city creation, operation and future function are established within our General Plan and its various elements. And we value integrity. We

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support local people, businesses and intend to maintain local control, local services, economic viability and dampen speculation. Lodging investments... Code wise we support the building and operation of visitor overnight lodging establishments from short stays, week long stays and some even longer. These businesses have a very large investments dedicated to serving tourists and other visitors to our city and valley. Chipping way at their clientele by permitting houses in residential zoned neighborhoods to become vacation/visitor lodgings is both unfair and creates a leaking of economic strength from those official visitor lodgings. House price increases... Again from an economic point of view it creates speculative energies in residential housing by driving up prices where buyers intend to charge high end prices for short residential stays. If the Ojai valley was not who we are without the history, the mountainous valley, the agriculture, the artist based community and Mr. Libby's vision and land purchases, plus buildings and gifts, we would not have a growing demand for residential house purchases converted to vacation rentals. Our city's destiny... We are a hot destination. A desirable place to come to and to stay awhile. That is how some vacation homes can charge $800 per night on weekends. Buy a house, convert it into a vacation rental and ultimately years later move here to escape the crush of other areas. That is not what I want. I want folks who come here and buy to become part of our community, support and add to its values, to it's strength. We want and need families with school age children to enroll in our schools, help support and strengthen our school system and participate in our government functions. Become part of our city. Kept it vibrant. What they don't do... In my opinion, Vacation rentals do not do this. They fail to meet and support the values found in our general plan and its various elements. They can hollow out residential neighborhood by turning residential homes into visitor lodging. One and maybe more within a city block depending upon the city area. Dollars and sense... What is in it for the city and it residents? Transient occupancy tax of 1012%. If collected. Likely if vacation rentals did not exist much of that TOT money would still come to the city from our formal lodging businesses in the proper zones. In conclusion...

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1. Vacation rentals in residential neighborhoods can hollow out the integrity of a residential neighborhood. 2. In a desirable visitor designation (like Ojai) house prices will be driven higher by purchases of houses turned in vacation rentals. This can be seen as a speculative economic factor; the purpose of vacation rentals is to make money, not for the city but for the property owners. 3. Making money is not the purpose of residential zoning. It is not a zone which has as one of its primary creation factors the making of money off of its land and structures. In my opinion, It violates the value of zoning integrity. It dilutes the neighborhood cohesiveness. And turns residential houses into monopoly games. Please seriously consider banning or limiting vacation rentals in residential zones. It will prevent our city from becoming more of a monopoly game then it already is. Thank you. Bill Miley There was no one else wishing to speak. Council Member Weirick said he and Council member Clapp would like to identify stakeholders and then take 90 days to gather information. The City Council supported this approach. Ojai Redevelopment Successor Agency (RDSA) CONSENT CALENDAR (Item 8a through 8b) 8.

a) Warrants for November 22, 2014 through December 29, 2014 in the amount of $2,619.38 ACTION: Authorized payments. b) Minutes of the Successor Agency regular meeting of December 9, 2014. ACTION: Approved as submitted.

MOTION: It was moved by Vice Chair Blatz, seconded by Board Member Clapp to approve the Consent Calendar as submitted. On roll call the vote was: AYES: Blatz, Clapp, Haney, Lara, Weirick NOES: None ABSENT: None ABSTAIN: None

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DISCUSSION ITEMS

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None.

REPORTS FROM COUNCIL MEMBERS Mayor Lara announced the Youth Foundation will be holding its annual Martin Luther King Day event on January 19 at Libbey Park. ORAL REPORT(SI FROM CITY MANAGER Deputy City Manager Steve McClary reported the city held interviews for the Interim Code Compliance Inspector and he met with the Ojai Bike Coalition. Police Chief Dave Kenney said the Grand Jury visited the Police Department and gave it a glowing review. Deputy Public Works Director/City Engineer Greg Grant reported the city has already saved money with the newly approved Franchise agreement with E. J. Harrison. E.J. Harrison is now picking up trash from bins on the weekends in the parks, which saves valuable staff time and costs. CLOSED SESSION ITEMS — None. ADJOURNMENT The meeting adjourned at 10:51 p.m. Respectfully submitted:

Approved by:

Mn\kiek.. Rhonda K. Basore, City Clerk

Severo ra, Mayor