City Council — 2021-08-10August 10, 2021

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BodyCity Council
MeetingRegular Meeting
Date📅 August 10, 2021

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Meeting Summary

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At a glance

Historic Landmark Designation

  • Staff recommended designating the Hummel House as Historic Landmark No. 29 due to its mid-century modern architecture and intact murals.
  • Discussion addressed the inclusion of the site in the designation and precedents for handling Native American artifacts found on the property.
  • The Council approved the motion to designate the property as a historic landmark.

Movable Tiny House Pilot Program

  • Staff introduced an ordinance for a two-year pilot allowing up to 20 movable tiny homes as Accessory Dwelling Units with specific safety and siting criteria.
  • Council members debated the program's efficacy for housing affordability and clarified utility and fire safety standard requirements.
  • The ordinance was introduced with a provision directing staff to explore the inclusion of NFPA 225 and NFPA 1192 fire safety standards.

Cannabis Regulations and Revenue

  • Staff reported $187,000 in tax receipts and proposed designating all cannabis revenue to rebuild emergency reserves depleted by the pandemic.
  • Discussion focused on expanding business hours, allowing on-site consumption, and relocating businesses outside current industrial zones.
  • The Council voted to maintain the 3% tax rate, expand operating hours to the state maximum, and direct staff to investigate further program modifications.

Wildfire Resiliency Plan

  • Retired Fire Chief Bob Roper presented a draft plan emphasizing fire-adaptive community strategies and thirteen key action items.
  • The Ojai Valley Fire Safe Council proposed a contract to develop a Community Wildfire Protection Plan using a $50,000 grant match.
  • The Council voted to continue the item to the next meeting to incorporate member comments and further vet the plan's scope and funding.

General Plan Vision and Guiding Principles

  • Staff presented an updated draft statement outlining community aspirations for 2045, incorporating previous public feedback.
  • Council members debated terminology, agreeing to modify titles to include "environmental and climate change mitigation" and rephrase housing goals.
  • The Council adopted the Vision and Guiding Principles statement with the agreed-upon amendments.

Closed Session

  • No closed session report was presented during this meeting.

Full summary

Meeting Call to Order and Administrative Items

  • The August 10, 2021, meeting of the Ojai City Council was called to order, followed by the recitation of the Pledge of Allegiance. A motion was made and seconded to approve the agenda, which passed by consensus without a roll call vote. No commission reports were presented.

Public Communications (General)

  • Three members of the public provided general comments. Wendy Larner addressed the ATP project on Maricopa Highway, advocating for local control over bike lane designs and raising concerns regarding curb extensions and traffic safety. Ron Solorzano, Regional Librarian, reported that the Ojai Library is fully open with resumed hours, adherence to COVID-19 safety guidelines, and the return of programs including the "Library of Things." Deborah Moe discussed the need for senior affordable housing, mentioning 3D-printed housing options, and raised concerns regarding street safety and conditions.

Consent Calendar

  • A motion was made and seconded to approve the consent calendar, which passed by consensus. Following the vote, public comment was taken on specific items. Wendy Larner requested clarification on Item 1L regarding ADU regulations and SB 9. Staff clarified that state law already permits ADUs and JADUs in single-family zones, while the current item proposes a window to legalize unpermitted ADUs. Staff noted that SB 9 is pending legislation that could allow lot splits and increased unit density if passed. Brian Akins commented on the Museum's recent event and thanked the Council for approving the appointment of new members to the Historic Preservation Commission (Item 1H).

Agenda Item 2: Designation of the Hummel House as Historic Landmark No. 29

  • Staff presented a report recommending the designation of the Hummel House at 1105 Signal Street as a historic landmark, a recommendation previously made by the Historic Preservation Commission. The report highlighted the property's mid-century modern and California ranch style architecture, intact design elements, and hand-painted murals, noting the designation covers both the structure and the site. Council members discussed the property's history, including previous discussions regarding a wall and the presence of Native American artifacts. Staff confirmed the site is included in the designation and noted that while there is no formal blessing process from Native American tribes, the property had previously established precedents for handling such artifacts. Tiffany Rochelle, the current homeowner, was available for questions. Brian Akins, Chair of the Historic Preservation Commission, provided additional context regarding the property's historical significance and the precedent it set for municipal codes regarding Native American items. A motion was made and seconded to approve the designation. The motion passed via roll call vote.

Agenda Item 3: Introduction of Ordinance for Movable Tiny House Pilot Program

  • Staff presented an ordinance to create a two-year pilot program allowing up to 10 movable tiny homes per year (20 total) as a type of Accessory Dwelling Unit (ADU). Key criteria include the unit must be accessory to a principal dwelling, licensed with the DMV, meet ANSI standards, be towable (not self-propelled), have at least 150 square feet of living space, be sited behind the principal dwelling, and be placed on a permanent foundation with wheels removed. The ordinance prohibits excessive movement to prevent short-term rentals. Staff noted uncertainties regarding how these units would count toward Regional Housing Needs Assessment (RHNA) numbers and property tax implications. Council members and staff discussed whether these units count as ADUs (confirmed as mutually exclusive with a standard ADU but compatible with a Junior ADU), utility requirements, and fire safety standards, specifically regarding NFPA 225 and NFPA 1192. Public comment was provided by Bill Miley, who argued against the ordinance citing cost and space limitations; Ray Powers, who supported the ordinance but urged expansion to include other affordable housing types; Diane Squire, who supported the pilot but emphasized the need for broader solutions; Leslie Hess, who requested investigation into rent stabilization and deed restrictions; and Wendy Hilgers, who expressed concern regarding HCD approval for RHNA counting. Council members debated the efficacy of tiny homes as a housing solution, with some viewing it as a necessary pilot and others arguing it is insufficient to address the housing crisis due to high costs and small square footage. A motion was made to introduce the ordinance with a provision directing staff to explore the inclusion of NFPA 225 and NFPA 1192 fire safety standards. The motion was seconded and passed via roll call vote.

Agenda Item 4: Cannabis Regulations

  • Staff presented a report on the cannabis tax program, noting approximately $187,000 in tax receipts collected since implementation in December, averaging $30,000 per month. Receipts were derived solely from dispensary businesses. Staff proposed a resolution to designate all cannabis revenue toward rebuilding the city's emergency reserves, which had been depleted by COVID-19 impacts. Staff also outlined potential program modifications for discussion, including expanding business hours beyond the current 8 a.m. to 7 p.m. window, allowing businesses in zones other than the industrial M1/MPD zones, permitting on-site consumption or product sampling, and allowing indoor nursery-only cultivation licenses. Public comment from local business representatives and residents addressed economic challenges, including federal banking restrictions and IRS tax code limitations, as well as competition from neighboring cities and the black market. Proposals included expanding operating hours, allowing on-site consumption, permitting vertical integration, and relocating businesses to commercial zones. Council members discussed the viability of current businesses, the need to support local industry, and the potential for expanding the program to increase revenue and employment. A motion was made to maintain the current 3% tax rate, expand business hours to the state maximum, and direct staff to investigate and report back on potential changes regarding on-site consumption, relocation of businesses outside the M1/MPD zone, seedling sales, and cultivation. The motion also included adopting the resolution to designate cannabis revenue to the emergency reserves, with a note to consider fire-hardening funding in the future. The motion was seconded and passed.

Draft Ojai Wildfire Resiliency Plan (OWRAP)

  • Retired Ventura County Fire Chief Bob Roper presented the Draft Ojai Wildfire Resiliency Plan, emphasizing that the true cost of wildfires extends beyond suppression to include health, environmental, and economic impacts. The plan focuses on creating a fire-adaptive community capable of withstanding wildfires even if suppression resources are unavailable. Thirteen key action items were outlined, including adopting home hardening building code updates, installing messaging signboards, utilizing the Community Emergency Response Team (CERT), expanding the Emergency Operations Center (EOC), coordinating with the Red Cross and county services, creating a risk assessment tool, conducting public workshops, establishing an alert process, implementing regional fuels reduction, creating a cadre of volunteers for property inspections, improving Disaster Council actions, conducting community readiness exercises, and evaluating the hiring of a contractor. Funding options, including grants, were noted. Council members asked questions regarding public awareness of alternate evacuation routes and the potential need for a regional open space management district. No formal motion or vote was taken on this item during this portion of the meeting.

Wildfire Resiliency Plan and Ojai Valley Fire Safe Council Proposal

  • The meeting continued with a presentation regarding wildfire resiliency. Bob Roper discussed the regional nature of wildfire risks and cited Flagstaff, Arizona, as an example of a community that successfully implemented a parcel tax for vegetation management. Chris Stanch of the Ojai Valley Fire Safe Council proposed that the City Council direct the City Manager to work with the Council to develop a formal contract proposal utilizing an existing $50,000 allocation set aside as a grant match. Stanch emphasized the need for a Community Wildfire Protection Plan (CWPP) to secure future funding. Council discussion focused on the scope of the plan, funding mechanisms, and staffing. One Council member suggested tabling the item to allow for individual review and the addition of comments, citing concerns about redundancy and the need for more information on funding and county involvement. Another Council member argued against hiring a contractor for emergency management, advocating for an internal staff lead, and raised concerns about the plan's exclusive focus on fire, urging the inclusion of other disaster types such as earthquakes and floods. Comments were also made regarding the inefficacy of message boards for emergency alerts compared to digital notifications and the need for "bug-in" safe locations. A motion was made to table the item and return it to the agenda at the next meeting. A friendly amendment was proposed to change the motion from "tabling" to "continuing to a time certain," specifically the next meeting. The amended motion was seconded. The Council voted to continue the item to the next meeting to incorporate Council comments and further vet the plan. The motion passed.

General Plan Update: Vision and Guiding Principles Statement

  • Staff presented an updated draft of the Vision and Guiding Principles statement for the General Plan update, incorporating previous feedback. The document outlines the community's aspirations for the year 2045. A Council member initially questioned the clarity of the text due to visible track changes but confirmed the final version was readable after staff read the text aloud. Public comment was provided by a resident who criticized the document's current state and urged the Council to prioritize climate change mitigation more prominently. During Council discussion, members debated the terminology and ordering of the guiding principles. There was a debate regarding the use of "environmental" versus "climate change," with the Council agreeing to modify the title to include both "environmental and climate change mitigation." Further discussion addressed the term "visitation," with the Council agreeing to change it to "maintain Ojai as a viable destination for visitors." The phrase regarding housing for business owners and employees was also discussed, with suggestions to rephrase it to "providing housing for local workers." A motion was made to adopt the Vision and Guiding Principles statement with the modifications discussed during the meeting. The motion was seconded. The Council voted to adopt the statement with the agreed-upon amendments. The motion passed.

Council Member Reports

  • Council members provided updates on various topics. One member requested that Public Works ensure Grand Avenue is fully repaired, including striping and crosswalks, before the Ojai Avenue construction project begins, as Grand Avenue will serve as a major diversion route. Another member noted the poor visibility of "Sharrows" on Grand Avenue and suggested they be repainted, though it was noted this item was not on the current agenda. Council members also discussed the recent Centennial Birthday Party, noting positive community feedback. Suggestions were made to consider allocating funds for similar community events on a quarterly basis in the future, potentially scheduling them on Friday afternoons to avoid conflict with the Farmers Market. One member commended a recent editorial by a Council member.

City Manager's Report

  • The City Manager's report was scheduled to follow, but the transcript concludes before the report was delivered.

COVID-19 Update

  • City Manager Ben Harvey provided an update on the current public health situation. Testing is available on Wednesdays and Fridays from 9:00 AM to 3:00 PM at Sarzotti Park, with pre-registration recommended. Testing volume in Ojai has increased from approximately 20 people per week to roughly 75 people per day. The County Public Health team is urging eligible residents to get vaccinated and strongly recommending indoor mask-wearing; however, no mandates exist for either measure. Case counts in Ventura County reached approximately 530 recently, while the 93023 zip code saw an increase to 24 cases over the last 14 days, up from 14 cases two weeks prior. No motions were moved, seconded, or voted upon regarding this update.

Future Agenda Items

  • The City Manager outlined upcoming agenda items for the next meeting, scheduled for August 24th. Planned items include an update on water litigation, the selection of delegates for the League of California Cities Conference, a discussion to initiate CEQA local guidelines, a return of the Earth Friendly Management Policy, a second reading of the Tiny Homes item, and additions to the fire plan. No motions were moved, seconded, or voted upon regarding these future items.

Adjournment

  • The meeting was adjourned. No motions were moved, seconded, or voted upon.