City Council — 2022-10-25October 25, 2022

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BodyCity Council
MeetingRegular Meeting
Date📅 October 25, 2022

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Meeting Summary

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Present: Weirick, Haney, Stix, Blatz, Francina

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At a glance

Ventura County Wildfire Collaborative Presentation

  • The collaborative outlined six active projects aimed at establishing countywide wildfire resilience.
  • Presenters reported securing over $5 million in funding to coordinate regional efforts.
  • Council members addressed questions regarding the standardized home hardening program and risk mapping.

Fire Hardening Amendments Ordinance

  • Staff presented a holdover ordinance to maintain existing fire hardening amendments within the 2022 building code.
  • The public hearing was opened and immediately closed to allow for the ordinance's introduction.
  • The council voted to introduce the ordinance pending a full review by the Building Appeals Board.

CalPERS Retired Annuitant Re-employment

  • A resolution was proposed to re-employ a recently retired employee on a part-time basis to comply with CalPERS rules.
  • The position includes a 960-hour annual cap with flexible scheduling up to 40 hours per week.
  • The council approved the resolution to authorize the part-time re-employment.

67-Unit Development Agreement

  • Staff and the City Attorney presented a development agreement for four sites including 27 deed-restricted affordable units.
  • Negotiations resulted in a six-month relocation notice period and a one-year rent freeze for specific properties.
  • The council approved the agreement with stipulations regarding tenant protections and residential signage.

Historic Preservation Commission Deadline Extension

  • The Historic Preservation Commission requested an extension of the nomination deadline for the Ojai Downtown Historic District.
  • The council voted to extend the deadline from November 8 to December 1 to allow more time for owner contact.
  • The item was scheduled for further consideration at the first council meeting in January.

Council and City Manager Reports

  • Updates were provided on the Arundo removal project, a fire hazard at Fairway Lane, and a new pickleball court.
  • The City Manager noted the school district declined a joint meeting regarding the Holy Cross preschool closure.
  • Council members suggested referring a potential graywater incentive item to the Building Advisory Board.

Full summary

Call to Order and Pledge of Allegiance

  • The meeting was called to order by Mayor Tom Francis. A roll call confirmed the presence of all council members, followed by the recitation of the Pledge of Allegiance.

Approval of the Agenda

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

Presentation: Ventura County Wildfire Collaborative

  • Chris Stanch presented on behalf of the Ventura County Wildfire Collaborative, outlining its formation in April 2021 and its mission to establish a countywide approach to wildfire resilience. The presentation detailed six active projects, including updates to the Community Wildfire Protection Plan, an education campaign, a standardized home hardening program, fine-scale risk mapping, a vulnerability and evacuation assessment, and a planned statewide summit. The presenter noted that the collaborative has secured over $5 million in funding to coordinate regional efforts and prioritize community needs. Questions from the council were addressed.

Commission Reports

  • The City Manager reported that there were no commission reports to present.

Public Comment (General)

  • Public comment was opened for items not on the agenda. Speakers addressed various topics including community history, the closure of a local preschool and a proposed fundraiser, water conservation laws regarding gray water, and the valet parking referendum. One speaker thanked the council for considering Historic Preservation Commission Awards.

Consent Calendar

  • The City Manager recommended approval of the consent agenda with three modifications to the Community Forest Management Plan: requiring updates every three years, mandating an annual report on tree plantings, and establishing that tree committees be appointed by the council. A motion was made and seconded to approve the consent agenda with these modifications. The motion passed.

Public Hearing: Holdover Ordinance for Fire Hardening Amendments

  • The City Manager presented an item regarding a holdover ordinance to maintain the city's prior fire hardening amendments within the 2022 building code, noting the January 1st deadline for code re-adoption. The ordinance would adopt the 2022 code with existing fire hardening improvements pending a full review by the Building Appeals Board. The public hearing was opened and immediately closed. A motion was made and seconded to introduce the ordinance. The motion passed.

CalPERS Retired Annuitant Position

  • The City Manager presented a resolution to re-employ recently retired employee Andrea Mackey on a part-time basis, a requirement under CalPERS rules. The position was described as part-time with a cap of 960 hours and flexible scheduling up to 40 hours per week. A motion was made and seconded to approve the resolution. The motion passed.

Development Agreement: 67-Unit Project

  • The City Manager and City Attorney presented the second reading and adoption of an ordinance regarding a development agreement for a 67-unit project across four sites (Cottages Among the Flowers, Mallory Way Bungalows, World University, and Montgomery Site). Staff detailed the project history, the creation of an ad hoc committee, and the agreement's provisions, which include 27 deed-restricted affordable units (20 moderate, 6 low, 1 very low) with 55-year restrictions, 40 market-rate units, a phased development plan, tenant relocation assistance, a new walking trail, and water recharge measures. The City Attorney outlined three potential scenarios regarding litigation risks and outcomes, recommending the agreement to secure affordable housing and indemnify the city against legal costs. The developer presented on project benefits, including housing increases and environmental standards, and addressed the applicability of the 2013 replacement housing ordinance. Council members Weirich and Blatz reported on negotiations, characterizing the decision as a risk-reward analysis favoring the agreement to secure tenant protections and minimize litigation risk.
  • Discussion continued regarding the tenant relocation plan, focusing on notice periods and relocation options. Proposals were raised to extend the notice period from 60 days to six months for current tenants and to allow tenants to choose cash assistance even if a replacement unit was available. The developer expressed concerns regarding financial liability and potential tenant turnover associated with guaranteed cash payouts. Clarifications were provided regarding income thresholds, the use of external rental assistance, and the distinction between 10-year rental restrictions and 55-year deed restrictions.
  • Public comment included statements supporting the agreement due to the need for affordable housing and relocation assistance, as well as opposition citing concerns over displacement, CEQA exemptions, historic preservation standards, environmental impacts, and the negotiation process.
  • Following public comment and further negotiation, the City and developer agreed to specific modifications: extending the relocation notice period to six months (180 days) for current tenants; clarifying "substantially similar" units as those with the same bedroom and bathroom count; confirming a payment of 12 months of current rent if a substantially similar affordable unit is unavailable; implementing a one-year rent freeze on the Cottages and Mallory properties; and installing signage indicating the Mallory Way through-street is for residents only. The developer declined a request to offer a six-month cash payment option in lieu of a unit.
  • A motion was made to deny the development agreement. The motion was seconded. The motion to deny failed. A motion was made to approve the development agreement with the stipulations of the six-month notice period, the "substantially similar" unit definition, the one-year rent freeze, and the residential-only signage. The motion was seconded. The motion to approve the agreement with stipulations passed.

Historic Preservation Commission Nomination Deadline Extension

  • The Council considered a request from the Historic Preservation Commission (HPC) to extend the deadline for nomination forms for the Ojai Downtown Historic District from November 8 to December 1 to allow additional time for contacting parcel owners. Staff noted that notices had already been sent. Council members discussed the balance between adequate deliberation time and the schedule of upcoming meetings. A motion was made to extend the deadline to December 1, with the understanding that the item would be agendized for the first Council meeting in January. The motion was seconded. The motion to extend the deadline passed.

Council Member and City Manager Reports

  • Council members provided updates on the Arundo removal project, a fire hazard at Fairway Lane, and plans for a pickleball project at Soule Park. The City Manager announced an upcoming Disaster Council meeting regarding an emergency preparedness drill, reported that the school district declined a joint meeting regarding the Holy Cross preschool closure pending the election, and noted the recreation department's establishment of holiday camps. Council members discussed a potential future agenda item regarding incentives for graywater use, suggesting it be referred to the Building Advisory Board.

Adjournment

  • The meeting concluded with informal remarks and a statement thanking attendees, followed by adjournment.