City Council — 2024-11-19

Meeting Summary

Present: Stix, Whitman, Rule, Lang, Francina

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Staff presented concerns regarding travel liability, insurance gaps, and potential misuse of public funds for private fundraising.
The Parents Group disputed cost estimates and argued that current operations are safe and integrated with city resources.
Council members discussed the need for better communication while acknowledging the program's value to the community.

The Council voted to retain the gymnastics program in its current status and restore the roles of coaches Hollingsworth and Ferguson.
The motion authorized the OVG organization to resume operations, including allowing coaches to wear their shirts and restoring fundraising efforts.
Staff was directed to acquire additional insurance and engage a risk management consultant to develop robust waivers and assess structural changes.

Council members discussed the timeline for appointing a quorum to the Planning Commission, with a suggestion to target the December meeting.
Staff confirmed that the December 10th meeting is already calendared to address recreation and park seats, including these appointments.

The meeting was called to order by Mayor Betsy Stix. A roll call established a quorum consisting of the Mayor, Mayor Pro Tem Andrew Whitman, and Council Members Leslie Ruhl, Rachel Lange, and Zoe Amish. The Pledge of Allegiance was recited.

A motion was made to approve the agenda. The motion was seconded and passed unanimously.

City Manager Ben Harvey and the City Attorney presented a staff report regarding the Ojai Valley Gymnastics program. The presentation addressed liability and insurance concerns related to the travel component, noting risks associated with city staff and participants traveling out-of-state or using city vehicles where the city does not control facilities. The City Attorney highlighted potential "gift of public funds" issues regarding the use of city resources for private fundraising. Staff recommended addressing the travel component, fundraising practices, and creating a document outlining program roles. Options presented included eliminating support for the travel program, adding waiver and insurance requirements, or restricting city vehicle use. Regarding fundraising, options included eliminating it at city facilities or establishing clear rules. The City Manager corrected a data error in the staff report, stating the Recreation Department budget attributed to gymnastics is 18.86%, not the previously reported 23%. Council members inquired about the distinction between the Recreation Commission and staff roles, insurance limits, and liability risks compared to other sports. The City Manager clarified that higher risks are inherent in the travel program due to a lack of facility control.

A representative from the Ojai Valley Gymnastics Parents Group presented an overview of the program, detailing its history, 501(c)(3) status, class levels, and enrollment. The presentation highlighted the experience of coaches Vicky Hollingsworth and Stacy Ferguson. The representative disputed points in the staff report, arguing that the competitive and recreational levels are integrated, city vehicles are rarely used for transport, and the reported cost of $235,000 incorrectly assumes two full-time employees are dedicated solely to gymnastics. The group requested that current programming remain unchanged, experienced coaches be returned to the gym floor, coaches be permitted to wear coach shirts, and fundraising efforts within the gym be restored.

Council members sought clarification on the $235,000 cost figure. The City Manager responded that the figure was based on salaries, benefits, and overhead for two full-time employees and part-time staff, and offered to provide a spreadsheet detailing the calculation.

Public comment was opened with a two-minute limit per speaker due to high volume. Approximately 27 speakers addressed the council. Comments included strong support for the program as a community resource, concerns regarding the removal of coaches Hollingsworth and Ferguson, and disputes regarding the accuracy of the staff report's cost and liability assessments. Speakers defended the Parents Group's fundraising efforts and criticized the city's management process, citing a lack of engagement with the community and the Recreation Commission. Additional comments addressed the non-operational status of the Parks and Recreation Commission since late 2023 due to vacancies and the lack of review by the commission prior to council action. One staff member announced their resignation.

Following public comment, Council members discussed the feedback. Council members acknowledged the need for improved communication and transparency and expressed support for restoring the program. Mayor Pro Tem Whitman discussed the necessity of risk management and proposed retaining a risk management consultant to assess risks and explore structural changes, such as the potential formation of a 501(c)(3) entity.
A motion was made to: 1. Retain the gymnastics program in its current status. 2. Restore coaches Vicki Hollingsworth and Stacy Ferguson to their roles. 3. Restore the Ojai Valley Gymnastics (OVG) organization and allow coaches to wear their shirts. 4. Maintain a beneficial relationship with OVG and the Ojai Valley Gymnastics Parents Group. 5. Direct staff to acquire additional insurance as needed. 6. Engage a risk management consultant to assist in developing additional insurance requirements and robust participant waivers.
The motion was amended to include the direction to engage a risk management consultant. The motion was seconded. The Council proceeded to a roll call vote. The motion passed.

Council members discussed the relationship with the Ojai Valley Parents Group, noting that precise details regarding fundraising remain to be worked out. A suggestion was made to commit to appointing a quorum of the Planning Commission by the December meeting. Council Member Harvey noted that Planning Commission appointments are not part of the current motion, as the December 10th meeting is already calendared to address recreation and park seats. Staff confirmed that work on the December meeting agenda is proceeding.