MINUTES OJAI CITY COUNCIL TUESDAY, SEPTEMBER 20, 2016 SPECIAL MEETING 7:00 P.M. COUNCIL CHAMBERS, OJAI CITY HALL 401 S. VENTURA STREET — OJAI, CA ROLL CALL Mayor Blatz called the Regular Meeting of the Ojai City Council to order on Tuesday, September 20, 2016, at 7:00 p.m. in the Council Chambers of Ojai City Hall, 401 S. Ventura Street, Ojai, California. On the call of the roll, the following Council Members reported present: Paul Blatz, William Weirick, Severo Lara and Randy Haney. Also present were: Interim City Manager Steve McClary, City Attorney Matthew Summers and Amber Young, Deputy City Clerk. ABSENCES Council Member Betsy Clapp was absent. PLEDGE OF ALLEGIANCE— Mayor Pro Tern Weirick. DISCUSSION ITEMS 1. Introduction of Ordinance Adding Chapter 25 to Title 4 to Allow Beekeeping, with prescribed restrictions, in All Zones within the City of Oiai RECOMMENDATIONS: 1 Receive public comment; and 2. Introduce an ordinance adding Chapter 25 to Title 4 of the Ojai Municipal Code to allow beekeeping, with prescribed restrictions, in all zones of the City of Ojai, and 3. Ask the City Clerk to read the title of the ordinance. 4. Waive reading in full and provide that the ordinance can be read by title only and direct the Clerk to assign an ordinance number upon successful introduction. City Attorney Summers gave a brief staff report. Mayor Blatz opened the floor to public comment. Residents Robert Meyer, Richard Kline, Glenn Perry, Matt Jenkins, Alicia Tharp, Susa Francina and Randy Leavitt supported the ordinance. Mayor Blatz closed the public comments section. MOTION: It was moved by Mayor Pro Tem Weirick and seconded by Council Member Lara that the Council introduce an ordinance adding Chapter 25 to Title 4 of the Ojai Municipal Code to allow beekeeping, with prescribed restrictions, in all zones of the City of Ojai; ask the City Clerk to read the title of the ordinance and waive

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reading in full and provide that the ordinance can be read by title only, and direct the Clerk to assign an ordinance number upon successful introduction. On roll call the vote was: Ayes: Blatz, Haney, Lara, Weirick Noes: None ABSENT: Clapp ABSTAIN: None 2. Agreement for Building and Safety Services RECOMMENDATIONS: 1. Determine if City Council wishes to include Fire Safety (Optional Element P) in the agreement. 2. Determine if City Council wishes to include Building and Safety Code Compliance (Optional Element M) in the agreement. 3. Authorize the City Manager to sign the Professional Services Agreement with Charles Abbott Associates, Inc., including direction on the optional elements. Interim City Manager McClary gave a brief staff report. Discussion ensued on the dais. Greg Robinson, a representative of Charles Abbot Associates, Inc., answered questions regarding his company's expertise. He said that his company had provided these services for other cities. Mayor Blatz asked Mr. Robinson about the experience that a junior building code enforcement officer from his firm would have in enforcing short-term rental code compliance. Mr. Robinson said that a junior officer would receive assistance from a more experienced officer in areas where the junior officer lacked experience. Mayor Blatz asked about the firm's general experience in enforcing short-term rental code compliance. Interim City Manager McClary provided clarification. He noted that enforcing the code is unique and involves more computer research than other building code enforcement. Council Member Lara asked Mr. Robinson about specifics of the role of junior code enforcement officer. Mr. Robinson provided details on the role. Council Member Haney expressed concerns regarding the fees for the services provided. Mr. Robinson provided details regarding his firm's staffing and fee schedule.

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Mayor Blatz opened the floor to public comments. Steve Quilici, Ojai, commented that he approved of the Council including options M, N, 0 and P in the service agreement. Mayor Pro Tern Weirick said that he would prefer to change the proposed service agreement's Item #9 to instead say that any change in who the building inspector reports be changed only with consent of the Council. Discussion ensued on the dais regarding the proposed service agreement's item #9. Council Member Lara asked Interim City Manager McClary details on executing the code enforcement and the junior officer's role. Interim City Manager McClary provided details on how the City envisions executing the code enforcement and the junior officer's role. A fire marshal from Ventura County Fire Department's Fire Protection District commented on the service agreement's fire safety provisions. He clarified what aspects of fire safety fall under the jurisdiction of the Fire Protection District. MOTION: It was moved by Mayor Pro Tern Weirick and seconded by Council Member Haney to approve the agreement for Building and Safety Services, and to include the following Optional Elements at the discretion of the City Manager: 1) Building and Safety Code Compliance (Optional Element M) 2) Accessibility (Optional Element N) 3) Certification (Optional Element 0) 4) Fire Safety (Optional Element P) On roll call the vote was: Ayes: Blatz, Haney, Lara, Weirick Noes: None ABSENT: Clapp ABSTAIN: None 3. FY 16-17 Budget Discussion (Updating and Amending the Salary Schedules for Management and Non-Management Employees, Updating the Employee Handbook; Modifying the Standard Work Hours and Schedule for all Full-Time Employees, Amendments to the FY 2016-17 Budget) RECOMMENDATIONS: 1. Hold a discussion of the structure and details of the amended budget for FY 1617, including but not limited to, determinations on the following: • Changing (increasing) the compensation for City Clerk and City Treasurer • Allocating funds, recommended at $10,000, to conduct a Space and Needs Assessment for Ojai City Hall, from the one-time repayment of the

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RDA loan to the City • Increasing the full-time work week for all full-time City employees • Whether to continue to fund allocations for the PEG agreement with the Ojai Unified School District amending the salary resolution retroactive to July 4, 2. Adopt Resolution No. 16 2016 and updating the Employee Handbook (Attachment A) Modify appropriations and anticipated revenue as directed (Attachment B). 3. Finance Director Rudy Livingston gave a brief staff report. Mayor Pro Tem Weirick and Council Member Haney asked for clarification on the City's policy regarding comp time. Finance Director Livingston and Interim City Manager McClary provided clarification. Finance Director Livingston gave a brief staff report on the recommended cost-of-living adjustment (COLA). He clarified that the COLA had already been factored into the City's budget, hence staff's recommendation of a retroactive approval to July 2016. MOTION: It was moved by Mayor Pro Tem Weirick and seconded by Council Member Haney to approve a resolution updating and amending the salary schedules for management and non-management employees, updating the Employee Handbook, contingent on a recommendation for comp time policy revision within 90 days. On roll call the vote was: Ayes: Blatz, Haney, Lara, Weirick Noes: None ABSENT: Clapp ABSTAIN: None Finance Director Rudy Livingston gave a brief staff report on the proposal of modifying the standard work hours and schedule for all full-time employees. Interim City Manager McClary provided background information regarding the proposal. Council Member Lara said he approves of the change and that feedback he has heard indicates that residents would prefer that City staff be available five days a week. Finance Director Livingston provided information on the budget impact for the proposed change. He said it is approximately a $100,000 cost. He is also looking at some possible budget offsets to address impact. Reductions in contract workers now taking up the slack would be one significant offset. Council Member Haney asked if all budget-related information necessary to make a decision on the proposed change was available.

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Finance Director Livingston provided a report on the City's budget as related to this proposed change, and where expenditures can be reduced and revenues increased to offset the additional costs to having all full-time staff change to a 40-hour work week. Mayor Blatz said he'd prefer to revisit this question at the beginning of the City's next fiscal year. Mayor Pro Tern Weirick said he has also heard feedback from residents that they'd like staff available five days a week. He also concurred with revisiting the question later. Finance Director Livingston said staff is presenting the question now in order to prepare in the case of possible changes in the economy. He said having the change in place now would enable the City to make better budgeting decisions in such a contingency. Interim City Manager McClary added that regardless of how the Council votes regarding the work hour change, that the City has recently made changes to ensure that staff is available five days a week to serve the public. Council Member Lara asked for clarification on current staffing levels and related budget. Finance Director Livingston said the positions that Interim City Manager McClary described are included in the present budget and are fully funded. Mayor Pro Tern Weirick said he would like to see the City's recurring expenditure data more concrete before making this commitment. He said that would not necessarily mean delaying a decision until the start of the next fiscal year. Finance Director Livingston said that moving forward he plans to bring updates to the Council from his department quarterly, which would help the Council in evaluating these matters. Council Member Lara asked Finance Director Livingston if a related fee study has been completed yet. He said that study would help the Council forecast revenue and address these types of matters. Finance Director Livingston said the consultant will complete the study soon. Mayor Pro Tem Weirick said he wanted to make a general point that at some time the Council will need to address three budget-related matters: The PEG contract, reimbursement from the Ventura County Sheriff's Department for one position, and a clarification of the base used to determine the current budget. Finance Director Livingston said he can provide documentation for the third item that Mayor Pro Tern Weirick mentioned.

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Mayor Blatz asked if Council agendas could have an agenda item related to these budget matters, in order to receive updates regularly. City Attorney Summers said yes, and suggested it be labeled, "Update and Discussion on Budget Progress to Date." He suggested it be monthly. Mayor Blatz asked that staff include on the agenda for the second meeting of every month. Council Member Haney added that he would like to see the topic of Water also added as a monthly agenda item. MOTION: It was moved by Mayor Pro Tern Weirick and seconded by Council Member Lara to approve the recommended schedules for adjustments to the City's Capital Improvement Plan (CIP) budget, numbers 1 through 4 as presented, that the compensation for City Treasurer be changed to equal the compensation for City Clerk, Allocating funds, recommended at $10,000, to conduct a Space and Needs Assessment for Ojai City Hall, from the one-time repayment of the RDA loan to the City. On roll call the vote was: Ayes: Blatz, Haney, Lara, Weirick Noes: None ABSENT: Clapp ABSTAIN: None Interim City Manager McClary said that he can return to the Council with a report on the PEG agreement. He added that he will provide a memo to the Council regarding the budgeting question related to the Ventura County Sheriff's Department position, and that Finance Director Livingston can prepare a memo regarding the proposed budget adjustments. Ojai City Clerk Cynthia Burell asked if the salary for City Clerk and City Treasurer was set by City Ordinance. City Attorney Summers said he believes that the Government Code allows the Council to set the City Clerk and City Treasurer's salary by either ordinance or resolution, which preempts the City code. Mayor Blatz asked if that the motion just passed should include language to adjust the City code to reflect that. City Attorney Summers said adjusting the code does require an ordinance. He said that it would not take effect until the new term. Mayor Pro Tem Weirick clarified for the public that the existing salary for the Ojai City Clerk is $350 per month and for the Ojai City Treasurer is $150 per month.

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MOTION: It was moved by Mayor Pro Tern Weirick and seconded by Council Member Haney to direct staff to bring back a draft ordinance for introduction and potential adoption that would amend the City code as required, to reflect that the City Treasurer's compensation shall be equal to the City Clerk's compensation, which is presently $350 per month. On roll call the vote was: Ayes: Blatz, Haney, Lara, Weirick Noes: None ABSENT: Clapp ABSTAIN: None 4. Acquisition of vacant property at 205 Grand Avenue. Assessor's Parcel Number: 021-0-043-170 RECOMMENDATIONS: 1 Receive public comment, and 2. Adopt a resolution approving the acquisition of the vacant property at 205 Grand Avenue, Assessor's Parcel Number 021-0-043-170, appropriating funds for the acquisition, and directing the City Manager to execute escrow and sale documents and a certificate of acceptance on behalf of the City concluding the purchase of this property and 3. Allocate $200,000 in funds for the purchase of the land from the unallocated General Fund Reserve, or identify an alternate, appropriate funding source for the allocation. Interim City Manager McClary said that Staff recommends that the Council continue this item, as the title report is still in research. Mayor Pro Tern Weirick asked if Council could vote on the matter pending receipt of a clean title report. City Attorney Summers said yes.

MOTION: It was moved by Mayor Pro Tern Weirick and seconded by Council Member Lara to adopt a resolution approving the acquisition of the vacant property at 205 Grand Avenue, Assessor's Parcel Number 021-0-043-170, subject to City Attorney's approval of a clean title report, appropriating funds for the acquisition, and directing the City Manager to execute escrow and sale documents and a certificate of acceptance on behalf of the City concluding the purchase of this property and allocate $200,000 in funds for the purchase of the land from the from Fund 31, with the revenue source being the one-time RDA loan. Mayor Blatz asked for clarification on the funding source, and what alternate funding sources are being considered.

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Finance Director Livingston said options include funding it out of the capital projects fund (Fund 31). It could also be funded by future-year repayments from the one-time RDA loan repayment. Council Member Lara said that purchasing the property is of value to the community and consistent with the City's General Plan and that he approves making the purchase. Mayor Pro Tern Weirick said he'd prefer the purchase be funded from Fund 31. Finance Director Livingston said that would be the best choice in his view, as Fund 31 is a capital projects reserve for the General Fund. Council Member Lara asked Finance Director Livingston if that would impact the City's current budget. Finance Director Livingston said the City could reprioritize items in Fund 31. Council Member Haney said he wants to make sure that if this purchase is made, that the Libbey Bowl landscaping project does not get sidelined. Mayor Blatz opened the floor to public comments. Suza Francina, Ojai, supports the purchase. Steve Quilici, Ojai, said he supports the City buying only Parcel # 205. Mayor Pro Tern Weirick said he supports buying the entire property and that it is critical for the purposes of a bike path as noted in the General Plan's circulation element, as well as for street realignment, for storm water retention and for greenspace. Council Member Lara said his concern is whether the funding should come from Fund 31 or from another source. Mayor Blatz said he would prefer the purchase be funded from the City's reserve fund. Council Member Haney reiterated he has concerns about making the purchase without having a goal in mind. He hopes that if the Council votes to purchase the land, that the City then move forward soon with plans for the land. He also said he prefers the purchase be funded from the one-time RDA loan repayment. Finance Director Livingston said that if the Council wishes to fund the purchase from the RDA loan then he suggests that money first be moved into Fund 31.

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On roll call the vote was: Ayes: Blatz, Haney, Lara, Weirick Noes: None ABSENT: Clapp ABSTAIN: None Council Member Lara stated that residents on Canada Street have told him that two child bicyclists were hit by vehicles on Canada Street and that the residents have concerns about cars speeding in the area. The Sheriff's Deputy present said that patrols have increased in the area and that residents have already been sent a survey to gather more information. Council Member Haney commented that he would like to see a recurring agenda item for discussing water issues. Council members agreed to add that to the agenda for the first meeting of every month. ADJOURNMENT At 9:33 p.m. Mayor Blatz adjourned the Special Meeting.

Respectfully submitted:

Approved by:

Amber Young, Deputy City Clerk

Paul Blatz, Mayor