Meeting Summary
Present: him, Francina, Weirick
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At a glance
Proclamation in Memory of Nate Rhodes
- The Council honored Nate Rhodes with a proclamation designating September 25, 2022, as Nate Rhodes Tribute Day.
- A video and testimonials highlighted Rhodes' life and the planned opening of "Nate's Place," a wellness center for at-risk individuals.
- This ceremonial item was acknowledged without a formal motion or vote.
Arts Commission Budget Reallocation
- The Arts Commission requested to reallocate $2,500 from program funds to hire a facilitator for an overdue strategic plan.
- Council members expressed concern over diverting community funds for internal planning without commission representation.
- The item was continued to allow the Arts Commission to provide further explanation at a future meeting.
Community Disaster Guide
- Staff presented a "living document" outlining emergency preparedness, evacuation routes, and refuge areas including Sewell Park Golf Course.
- Discussion covered coordination with county agencies, energy needs for electric vehicles, and the reactivation of the CERT program.
- The Council approved the guide as "Version One" with a requirement for quarterly updates.
Proposed Local Downtown Historic District
- Staff reported that the Historic Preservation Commission received four votes in favor and one opposed regarding district formation.
- Council members addressed concerns about personal outreach and directed staff to send an impartial informational letter instead.
- A motion passed to set a deadline for the property owner vote, with results to be reported at the December 13 meeting.
Historic District Ordinance Language
- The Council debated ordinance wording to clarify that previous votes indicated support for public outreach rather than full district adoption.
- Specific edits were proposed to accurately reflect the Council's position on the vetting process.
- The amended ordinance language was approved via a roll call vote.
Gas-Powered Chainsaw Permit Process
- Staff proposed a permit system with a one-time fee of $40 and an annual fee of $200 for specific agricultural and industrial zones.
- The Council debated exemptions for grant-funded projects versus the environmental impact of gas-powered equipment.
- The permit process was approved with provisions for administrative discretion on zone exceptions but without blanket grant exemptions.
Electric Vehicle Charging Ports and Bike Racks
- Staff presented a plan to install six Level 2 EV chargers and bike racks at twelve downtown sites using city funds and grants.
- An amendment was adopted to relocate the Farmer's Market chargers to Lower Libbey Park due to Sunday parking closures.
- The Council approved the revised plan and authorized the submission of grant applications.
City Manager's Report
- Staff reported issuing 15 short-term rental citations, with most properties now complying with the 30-day minimum requirement.
- Updates were provided on the ATP right-of-way acquisition process and enforcement challenges regarding unmarked contractor vehicles.
- Future agenda items include a presentation on Medicare-for-all and further discussion on contractor vehicle identification laws.
Closed Session
- The Council entered a closed session to discuss one item regarding anticipated litigation.
- Discussion focused on potential legal exposure based on facts not yet known to potential plaintiffs.
- No formal motion, vote, or reportable action was recorded during this session.
Full summary
Call to Order and Roll Call
- The meeting was called to order by Mayor Betsy Stix. A roll call confirmed the presence of Council Members Blatts, Francina, Haney, and Weyrich, along with Mayor Stix, establishing a quorum.
Approval of the Agenda
- A motion was made and seconded to approve the agenda. The motion passed upon a roll call vote.
Proclamation in Memory of Nate Rhodes
- Mayor Pro Tem Haney presented a proclamation honoring Nate Rhodes, a Nordoff High School graduate who died in a traffic accident in January 2022. A video featuring testimonials regarding Rhodes' life and recovery from substance abuse was shown. Rhodes' parents discussed the creation of "Nate's Place," a wellness center for at-risk youth and adults, scheduled to open in Channel Islands. Mayor Stix read the proclamation designating September 25, 2022, as Nate Rhodes Tribute Day. No formal motion or vote was recorded for this ceremonial item.
Commission Reports
- The City Manager reported that there were no commission reports for the meeting.
Public Comment
- Members of the public addressed the council on several topics:
- Library Program: Ron Solorzano presented information on the Ventura County Libraries' "One County One Book" program featuring the book Tastemakers.
- Code Enforcement and Governance: Multiple speakers discussed concerns regarding the enforcement of a Conditional Use Permit (CUP) and Americans with Disabilities Act (ADA) requirements at a property known as "The Outpost" on Bryant Street. Allegations included selective enforcement and lack of impartiality. Cliff Hill, a disabled resident, spoke regarding accessibility issues. City Manager Ben Harvey responded that the code enforcement program operates transparently in response to complaints and complies with the law, noting that specific active cases could not be fully debated at the meeting.
- Tree Maintenance: Larry Steingold raised concerns about oak tree topping by the electric company and unmarked trucks, urging ordinances requiring identification on tree trimming vehicles.
- Water and Governance: Larry Steingold suggested contacting the Crown family regarding water recycling. Robin Gerber urged council members to engage in deliberation and listen to public comment.
Consent Calendar
- A motion was made to approve the consent calendar. Council Member Weyrich requested to pull Item G for separate discussion. A motion was made and seconded to approve the remaining consent calendar items. The motion passed upon a roll call vote.
Arts Commission Budget Reallocation (Item G)
- The Arts Commission requested to reallocate $2,500 from funds designated for supporting arts programs to hire a trained facilitator for strategic planning. Council Member Weyrich questioned the necessity of a facilitator given the funds were originally intended for community programs. Council Member Haney expressed concern about removing funds from the community for internal planning in the absence of an Arts Commission representative. City Manager Harvey explained that the commission is required by city code to prepare an overdue five-year strategic plan and deemed a facilitator necessary due to personnel changes. A motion was made to continue the item until further explanation could be provided by the Arts Commission. The motion was seconded, and the council reached a consensus to continue the item without a formal roll call vote.
Community Disaster Guide
- City Manager Harvey presented the Community Disaster Guide, a "living document" developed over 14 months with various stakeholders to assist with emergency preparedness, evacuation routes, and resource coordination. The guide addresses Ojai's unique geography and identifies temporary refuge areas, including the Sewell Park Golf Course. Staff reported that an agreement was reached to utilize the Sewell Park Golf Course as a refuge area, requiring coordination with the County due to the property being county-owned. Staff clarified that while the city can identify refuge areas on city property, coordination with the County Office of Emergency Services, fire, and police is required for official evacuation orders.
- Discussion covered the governance of shelter-in-place decisions, the need for multiple refuge sites, and the utilization of school sites. The successful use of the Soule Park Golf Course during the Thomas Fire was noted. Concerns were raised regarding energy availability for electric vehicles during evacuations and the need for a simplified, one-page checklist optimized for black-and-white printing. The Community Emergency Response Team (CERT) was discussed; staff noted CERT is under the County Supervisor's office and efforts are underway to reactivate the program in Ojai. Staff confirmed a backup AM radio broadcaster was purchased following the Thomas Fire.
- A motion was made to approve the disaster guide as "Version One," subject to quarterly updates. The motion was seconded. The motion passed.
Proposed Local Downtown Historic District Status Update
- Staff presented a report on the formation of a local downtown historic district. The Historic Preservation Commission (HPC) has begun accepting votes from property owners, receiving four votes in favor and one opposed. The HPC submitted three recommendations: (1) decide if the city wishes to vote on the district's formation; (2) consider exempting contributing sites from Historic Resources Report and processing fee requirements under the Mills Act; and (3) direct staff to facilitate a joint meeting between the HPC and Planning Commission.
- Discussion addressed the voting process, noting the code allows one vote per property owner regardless of parcel count. Questions were raised regarding the timeline, as no deadline is currently set in the code. An advocate for the district presented the case for the district, noting personal outreach to property owners. Council members expressed concern that personal outreach might exert undue pressure and suggested the city send an impartial informational letter instead. A motion was made to set a deadline for the property owner vote, with results to be reported to the Council at the first meeting in December (December 13). The motion was seconded. The motion passed.
Historic District Ordinance Language
- Discussion continued regarding the wording of a historic district ordinance, specifically concerning the phrasing of City Council support and the vetting process by the City Attorney. Concerns were raised that language implying a 4-to-5 vote indicated full Council support for the concept rather than support for moving forward with public outreach. A motion was made to adopt the ordinance language with specific edits to clarify the Council's position. The motion was seconded. A roll call vote was conducted, and the motion passed.
Gas-Powered Chainsaw Permit Process
- Staff presented a permit process for the recently adopted gas-powered chainsaw prohibition ordinance, scheduled to take effect immediately. The proposed process includes a one-time permit for $40 and an annual permit for $200, restricted to specific zones (Agriculture, R04, IR3, IR2, IR1) typically associated with larger properties requiring land clearing for fire safety or health reasons. Discussion focused on allowing administrative discretion for properties outside these zones and whether to grant exemptions for organizations holding state fire clearance grants. Council members debated the environmental impact of gas-powered equipment versus the necessity of exemptions for grant-funded projects. A motion was made to approve the permit process with provisions for administrative discretion regarding zone exceptions, while removing a blanket exemption for grant-funded projects. The motion was seconded. A roll call vote was conducted, and the motion passed.
Electric Vehicle Charging Ports and Bike Racks
- Staff presented a plan to install six new Level 2 electric vehicle (EV) charging ports and additional bike racks using city funds and grants. The proposed EV charger locations included four units at the Farmer's Market parking lot and two at City Hall (utilizing solar power). The bike rack plan targeted approximately 12 sites, primarily in the downtown area, with an estimated cost of $15,000. Discussion addressed the current subsidy of existing chargers, the preference for Level 2 chargers to encourage local business patronage, and the potential for local fabrication of bike racks. Concerns were raised regarding the Farmer's Market location due to parking lot closures on Sundays. An amendment was proposed to replace the Farmer's Market location with Lower Libbey Park. The motion to approve the plan and authorize grant applications, as amended to include Lower Libbey Park instead of the Farmer's Market, was made and seconded. A roll call vote was conducted, and the motion passed.
Council Member Reports
- The Mayor reported attending the League of California Cities annual conference, participating in workshops on labor and employment law, diversity, equity, and inclusion, surplus land acts, homelessness solutions, and harassment prevention.
City Manager's Report
- Short-Term Rental Enforcement: Staff reported issuing 15 citations for short-term rental violations since January 1, 2022. Fourteen properties have corrected their listings to comply with the 30-day minimum rental requirement; one remains in the process of compliance. Discussion included the possibility of a reciprocal enforcement agreement with the County regarding properties just outside city limits.
- Contractor Identification: Discussion occurred regarding unmarked vehicles used by landscaping and tree trimming services. It was noted that state law requires licensed contractors to display their license number and contact information on vehicles. Staff reported an incident involving a non-compliant landscaper and discussed enforcement challenges.
- ATP Right-of-Way Acquisition: Staff provided an update on the acquisition process for the ATP project. Formal notices have been sent to property owners regarding the appraisal and potential purchase of right-of-way for 29 properties. The city is working to secure voluntary agreements.
- Future Agenda Items: A request was noted from Physicians for National Health Program to consider passing a resolution supporting Medicare-for-all, with a presentation scheduled for the next meeting. Discussion regarding the enforcement of state laws requiring business identification on contractor vehicles was identified as a potential future agenda item.
Adjournment and Closed Session
- The meeting was adjourned to enter a closed session.
Anticipated Litigation
- During the closed session, the Council considered one item regarding anticipated litigation. The discussion focused on a matter where the City Council believes there is significant exposure to litigation against the city based on facts and circumstances that may result in legal action but are not yet known to potential plaintiffs. No reportable action was expected, and no motion, vote, or formal decision was recorded for this item.