City Council — 2022-09-27September 27, 2022

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BodyCity Council
MeetingRegular Meeting
Date📅 September 27, 2022

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Meeting Summary

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Present: Stix

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At a glance

Community Emergency Response Teams (CERT)

  • County Supervisor LeVere announced a new training series starting October 12th at Oakview Park.
  • Training modules cover disaster response, fire safety, search-and-rescue, and medical operations.
  • Council and staff discussed organizing participants into neighborhood-based strike forces.

Arts Commission Strategic Planning Consultant

  • The Arts Commission requested authorization to hire a facilitator for a five-year strategic plan.
  • Funding of $2,500 will be reallocated from the existing budget with a discount from the vendor.
  • Council approved the hire with a stipulation that private session content must be addressed publicly.

Resolution Supporting Universal Single-Payer Health Care

  • The Council discussed a resolution supporting a universal single-payer health care option.
  • An amendment to change the language to "Medicare-for-all type system" was proposed but not seconded.
  • The original motion to adopt the resolution declaring support for Medicare for All passed.

Public Hearing on Retroactive Time Extension for 312 West Aliso Street

  • Staff recommended denying a retroactive time extension due to non-compliance with affordable housing requirements.
  • The developer's counsel requested a 30-day continuance to facilitate further negotiations.
  • Council members questioned the timeline and the developer's vested rights regarding the project.

Public Hearing and Discussion Regarding Request for 30-Day Extension

  • Public comment was divided between avoiding litigation through negotiation and concerns over delaying affordable housing.
  • A motion to deny the 30-day extension request failed during the roll call vote.
  • The hearing was continued to October 25th with direction for the ad hoc committee to negotiate.

Approval of City Proposal for Soule Park Programming Partnership

  • Staff presented a one-year pilot partnership with Ventura County to eliminate vehicle entrance fees.
  • The agreement includes a 50% rate reduction for city programs and an option to lease space for pickleball courts.
  • Council approved the proposal as a framework for future programming despite concerns about fund allocation.

Full summary

Call to Order and Roll Call

  • The meeting was called to order with a quorum established. A roll call confirmed the presence of the Mayor, Mayor Pro Tem, and all Council Members. The Pledge of Allegiance was recited.

Approval of the Agenda

  • A request was made to move Item 6 (Resolution Supporting Universal Health Care) to follow Item 2 (Arts Commission Report) to accommodate public speakers. Council members discussed the timing relative to Item 3, which had a high volume of public speakers. It was agreed to proceed with the reordering. A motion was made to approve the agenda with the modification to move Item 6 to follow Item 2. The motion was seconded and passed.

Presentation: Community Emergency Response Teams (CERT)

  • County Supervisor Matt LeVere presented information regarding the Community Emergency Response Team (CERT) training program, announcing a new class series beginning October 12th at the Oakview Park and Resource Center. The training covers disaster response skills, fire safety, light search-and-rescue, and disaster medical operations. Council Member Montgomery inquired about organizing participants by neighborhood to create "strike forces." Supervisor LeVere indicated that his office, the Fire Department, and the Sheriff's Office could assist in deploying data to facilitate neighborhood-based organization. Supervisor LeVere also commended the City's efforts regarding the Soule Park partnership.

Commission Reports

  • No reports were submitted by the commissions.

Public Communications

  • Several members of the public addressed the Council on items not on the agenda:
  • Jill Nolan promoted the opening of the play "Walter Cronkite Is Dead" at the Ojai Arts Center Theater.
  • Leslie Rule, representing an ad hoc committee of the Historic Preservation Commission, requested that the Council consider moving the voting deadline for the Downtown Historic District from November 8 to December 1 to allow more time for commission consensus.
  • Robin Gerber criticized the Mayor's use of social media to explain votes and requested that Council members engage with constituents directly in public meetings.
  • Leslie Rule announced her candidacy for City Council District 1, highlighting water sustainability and affordable housing as key priorities.
  • Claire Grasdy promoted the Ventura County Transportation Commission's "Youth Ride Free" program. Council Member Montgomery asked about post-pandemic ridership recovery; Ms. Grasdy noted varying recovery rates across different routes.
  • Wayne Maynard expressed concern regarding the Building Appeals Board's decision to delay review of the new building code ordinance, warning that a lapse in the local code after January 1st would result in the loss of local fire safety amendments. He urged the Council to direct staff to place the ordinance on a future agenda for adoption.
  • Valerie Freeman announced the "Ohaiku for Peace" poetry competition and the upcoming Ojai Studio Artist Tour.
  • Renee Roth discussed the "Localizing California Waters" event and a toolkit for increasing water supplies in the Ventura River watershed, encouraging the City to consider adopting these tools into city code.
  • Pamela Grau promoted the 39th annual Ojai Studio Artists Tour, noting that admission is free this year.

Consent Calendar

  • A motion was made to approve the consent calendar. The motion was seconded and passed.

Arts Commission Strategic Planning Consultant

  • The Arts Commission requested authorization to hire a facilitator to lead the development of a five-year strategic plan. Christine Steiner of the Arts Commission explained that the process had been in development for over a year and required a skilled facilitator. The request involved reallocating $2,500 from the existing budget, with a $2,500 discount provided by the facilitator, CentSmart. Council members discussed the proposal for the facilitator to hold one-on-one private sessions with individual commissioners prior to public meetings. Council Member Montgomery expressed concern regarding the transparency of private sessions and suggested that any content discussed privately must be addressed publicly. The City Attorney clarified that one-on-one sessions are legal under the Brown Act provided the facilitator does not relay information between commissioners. Arts Commission Chair Nigel Chisholm stated the commission was three years behind schedule and emphasized the need to complete the plan before the end of the year. Council Member Haney suggested holding public meetings in the evening to maximize community participation. A motion was made to authorize the Arts Commission to use $2,500 from its 2022-23 budget to hire a facilitator, with the stipulation that any content discussed in individual sessions must be brought back to public sessions and that the total cost not exceed $2,500. The motion was seconded. A roll call vote was conducted, and the motion passed.

Resolution Supporting Universal Single-Payer Health Care

  • The Council discussed a resolution supporting a universal single-payer health care option at the state or federal level. Dr. Helen Petroff, a local physician, presented in support of the resolution, describing administrative burdens caused by insurance companies. Council Member Montgomery asked Dr. Petroff for her opinion on Assembly Bill 2098, legislation pending before the Governor regarding the revocation of medical licenses for opinions contrary to the standard of care. Dr. Petroff stated she was not aware of the specific bill. Public comment was received from several speakers, including physicians who supported the resolution citing high costs and administrative burdens, and others who questioned the term "universal" or suggested a local survey be conducted first. Council members discussed the intent of the resolution. Councilmember Susan Park supported the resolution as a statement that healthcare is a human right. Councilmember Weston Montgomery raised concerns about the distinction between intent and results, suggesting the resolution's language be amended to support a Medicare-for-All system as an option rather than the exclusive means of care. Councilmember Randy Haney expressed support for the resolution as a statement of principle. Mayor Libbey Park moved to adopt the resolution declaring the city's support for Medicare for All. Councilmember Montgomery moved to amend the motion to remove the phrase "universal single payer," arguing it should simply state support for a "Medicare-for-all type system." The amendment was not seconded and died. The original motion to adopt the resolution was seconded. A roll call vote was conducted, and the motion passed.

Public Hearing on Retroactive Time Extension for 312 West Aliso Street (Cottages Among the Flowers)

  • The item concerned a request for a retroactive one-year time extension for a design review permit for the "Cottages Among the Flowers" project. Staff presented a report detailing the project's history, noting that permits were approved in 2007 and extended multiple times until 2019, when the City Council appealed the Planning Commission's extension decision due to non-compliance with affordable housing replacement requirements. Staff explained that negotiations for a development agreement occurred from 2019 to 2022 but were terminated by the developer in July 2022. Staff analysis indicated the project does not include replacement affordable housing units. Staff recommended denying the time extension because the project fails to meet the city's affordable housing replacement requirements. Staff noted that the developer has no vested rights because no building permit for substantial vertical construction was ever issued. Council members questioned the timeline, the definition of "affordable" units, and whether the developer was previously informed of the 2013 requirements. Staff confirmed the developer was notified of the requirement in 2019. Beth Collins, counsel for the applicant, requested a 30-day continuance to facilitate further negotiations. She argued that the project has vested rights based on substantial investment and reliance on permits, and that the Housing Accountability Act limits the city's ability to deny the project unless specific adverse impacts on health or safety are proven. She warned of potential litigation and attorney's fees if the project were denied without meeting those standards. Council members questioned whether a 30-day extension would be productive given the dissolution of the ad hoc committee and the upcoming swearing-in of a new council. Counsel suggested a special meeting could be held. Councilmember Park confirmed details regarding the affordable housing units previously discussed in the development agreement.

Public Hearing and Discussion Regarding Request for 30-Day Extension on Development Project (Cottages Among the Flowers/Mallory Way)

  • The public hearing was opened to receive comments regarding a request by the developer for a 30-day extension to negotiate a resolution. Numerous speakers addressed the council. Speakers supporting the extension cited the potential for avoiding costly litigation and the possibility of reaching a consensus through further negotiation. Speakers opposing the extension argued that the developer had previously withdrawn from negotiations, rendering further delay futile, and expressed concern that the extension was a legal tactic to "pack the record" for future litigation. Many residents testified regarding their low-income status and the lack of affordable replacement housing. Comments were also raised regarding environmental impacts, specifically the potential removal of oak trees and disruption of a wildlife corridor, as well as historical preservation issues. Multiple speakers emphasized the severe shortage of affordable housing in Ojai. Following the public hearing, council members engaged in discussion. One council member stated support for the staff recommendation to deny the request, citing the city's responsibility to protect affordable housing and avoid displacing residents, and raised concerns regarding environmental impacts and the need for a new environmental review. Another council member expressed a willingness to consider the 30-day extension from a "risk-reward" perspective, noting that the developer's legal counsel presented a new stance suggesting a desire to negotiate. Council members discussed the history of negotiations and the potential costs and outcomes of litigation versus negotiation. A motion was made to deny the request for a 30-day extension. The motion was seconded. A roll call vote was conducted, and the motion failed. Subsequently, a motion was made to continue the hearing to the October 25th council meeting. The motion included direction for the existing ad hoc committee to negotiate with the developer during the interim and to return with a report on the outcome of those negotiations. The motion was seconded. A roll call vote was conducted, and the motion passed. The City Attorney noted that a closed session could be scheduled prior to the October 25th meeting to facilitate negotiations.

Approval of City Proposal for Soule Park Programming Partnership

  • Staff presented a proposal for a one-year pilot partnership with the County of Ventura regarding Soule Park. The proposal involves the City of Ojai paying the County $58,000 annually to eliminate current vehicle entrance fees, thereby opening the park to the public without charge. Under the agreement, the County would retain management of the park, including the equestrian arena, softball field, and group rentals, as well as ongoing grant administration. The proposal includes a 50% rate reduction for the City to rent facilities for its recreation programs if used for more than 30 days annually. Additionally, the agreement provides an option for the City to lease space for the construction of pickleball courts at a nominal fee of $1 per year, with the City responsible for construction costs. Public comment addressed the proposal, with speakers expressing support for eliminating entrance fees and expanding recreation opportunities. Several speakers advocated for the construction of pickleball courts at Soule Park, while others expressed concern regarding noise impacts and the potential for abuse of free public space. Some speakers questioned the allocation of $58,000 to subsidize general park access versus using those funds for specific capital improvements. Concerns were also raised regarding the lack of prior review by the Parks and Recreation Commission. Council members discussed the proposal as a framework to establish options for future programming rather than a final decision on specific amenities. Questions were raised regarding the necessity of Parks and Recreation Commission review prior to approval and the financial implications of the agreement. Council Member Montgomery argued that while programming setup is necessary, participants would still be required to pay entrance fees, and that the Commission should not dictate the framework but rather weigh in on the provision of resources. Montgomery characterized the proposal as an opportunity for expansion that does not lock the city into long-term commitments. A motion was made to approve the partnership proposal as presented. Following a discussion regarding the requirement for a roll call vote due to the financial nature of the item, a roll call was conducted. The motion passed. Council Member Harvey noted that implementation will require time to coordinate with the county and clarified that the park would not immediately become free to the public.

Winter City Council Meeting Schedule

  • The meeting moved to agenda item number five regarding the Winter City Council meeting schedule. Due to the time being past 10:30 p.m., it was recommended to continue the discussion at a later date. The meeting was adjourned.