City Council — 2024-11-19

Staff Presentation and Liability Review

• The City Manager corrected a budget figure and clarified intentions regarding staff roles.
• The City Attorney outlined liability risks related to travel, facilities, and fundraising activities.
• Council members questioned insurance coverage limits and the scope of staff responsibilities.

Gymnastics Parents Group Presentation

• Representatives detailed program history and disputed staff claims regarding costs and travel components.
• Speakers requested the restoration of experienced coaches and the original program name.
• The group sought to maintain fundraising relationships while operating within city parameters.

Council Discussion and Resolution

• Members discussed balancing program support with the need for enhanced risk management.
• A motion passed to restore the gymnastics program to its prior operational status.
• Staff will acquire additional insurance and engage a consultant for waivers and insurance requirements.

Meeting Summary: Ojai City Council Special Meeting – November 19, 2024

Agenda Item: Staff Presentation and Council Questions

• The City Manager presented a staff report regarding the Ojai Valley Gymnastics program. The Manager noted a clerical error in the report regarding the Recreation Department budget percentage, correcting the figure from 23% to 18.86%. The City Manager stated the city's intention was not to cause undue stress but to ensure clarity on roles and responsibilities.
• The City Attorney outlined liability concerns associated with the program. Specific risks identified included travel outside city limits, off-site facility maintenance risks, and city vehicle usage. Concerns regarding fundraising involved potential challenges related to the use of city land, staff time, and public funds for a private foundation. The Attorney recommended solutions such as eliminating support for the travel component, adding insurance and waiver requirements, or restricting fundraising on city property and time.
• Council members questioned the staff regarding insurance coverage limits, noting a default limit of $150,000 per claim with potential excess coverage. Inquiries were made regarding the distinction between city staff serving as instructors versus coaches, and why gymnastics carried higher liability risks than other programs. Staff clarified that city staff do not coach other sports off-site and that the Recreation Commission is an advisory body that does not direct staff.

Agenda Item: Ojai Valley Gymnastics Parents Group Presentation

• Representatives from the Ojai Valley Gymnastics Parents Group presented the program's history, noting it began over 45 years ago. They detailed current class offerings ranging from Tiny Tots to a Competitive Team, including enrollment numbers and waitlists.
• The presentation rebutted several claims in the staff report. Speakers stated there is no separate travel program, as all meets are USAG sanctioned and integrated into the rec program. They disputed the cost estimate of $235,000 for staffing, citing that staff work multiple programs. They further noted that fundraising proceeds go toward equipment and scholarships rather than personal gain.
• Requests made to the Council included maintaining the current programming structure, restoring experienced coaches Vicky Hollingsworth and Stacy Ferguson to their roles, reinstating the "Ojai Valley Gymnastics" name and coach shirts, and preserving the relationship with the Parents Group to facilitate fundraising.

Agenda Item: Public Comment

• During public comment, numerous individuals, including parents, current and former gymnasts, and city staff, addressed the Council. Speakers expressed strong support for the program, citing its importance to the community and child development.
• Comments focused on the need for transparency regarding the Recreation Commission and concerns over the accuracy of information previously provided to the Council regarding the program's operations and costs. Speakers requested the restoration of specific coaches, an apology regarding the treatment of staff, and the reconstitution of the Recreation Commission to oversee future programming decisions.

Agenda Item: Council Discussion and Vote

• Council members discussed the information presented, balancing program support with risk management. Discussion included insurance coverage options and the potential for engaging a risk management consultant.
• A motion was made to restore the gymnastics program to its prior status. The motion included provisions to: 1. Restore the program without changes to current offerings. 2. Restore specific coaches to their previous roles. 3. Allow coaches to wear coach shirts and use the program name. 4. Maintain a beneficial relationship with the Ojai Valley Gymnastics Parents Group, allowing fundraising within appropriate parameters. 5. Direct staff to acquire additional insurance as needed to protect the city. 6. Engage a risk management consultant (potentially through CJPIA) to assist with insurance requirements and participant waivers. 7. Consider the appointment of Recreation Commission members for the upcoming meeting.
• The Council voted on the motion. The outcome was five in favor and zero against. The motion passed.
• The meeting was adjourned.