City Council — 2023-01-10January 10, 2023

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BodyCity Council
MeetingRegular Meeting
Date📅 January 10, 2023

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Meeting Summary

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Present: Stix, Rule, Lang, Whitman, Francina

This summary was AI-generated to save you time. It may miss or misstate details — verify against the official recording and the transcript.

At a glance

Storm Report

  • City officials reported clogged drains and minor road closures with no major incidents.
  • Fire and Police departments handled over 1,300 calls and 80 rescues with no lives lost.
  • Surrounding county areas faced significant impacts, including closures on Highway 33 and the 101.

Historic District Nomination and Process

  • Initial property owner voting fell short of the threshold required to move forward with the nomination.
  • The Historic Preservation Commission requested additional time for education and outreach efforts.
  • The Council approved a motion to allow the commission to continue the process primarily using volunteer resources.

Referendum Petition on Ordinance No. 934

  • A certified petition with sufficient signatures suspended the effective date of the 67-unit housing development agreement.
  • Staff and developers discussed options including repeal, a special election, or continuing the item for review.
  • The Council voted to continue the item to January 24 to allow additional time for analysis.

ADU Compliance Program Extension

  • Staff recommended extending the Accessory Dwelling Unit compliance program deadline through March 2025.
  • Council members discussed adjusting eligibility dates and potentially including junior ADUs in the program.
  • The motion passed to approve the extension with direction to staff to return with specific modifications.

Board and Commission Appointments

  • Council members volunteered for various local, county, and regional board positions.
  • The appointment for Gold Coast Transit was deferred to the next meeting for scheduling coordination.
  • A motion passed to approve the listed appointments with the noted exception for Gold Coast Transit.

Council Priority Setting Workshop

  • Staff proposed a two-session workshop in February or March to establish post-election goals.
  • Council members discussed facilitator qualifications and expressed a preference for a Saturday schedule.
  • The motion passed to approve holding the workshop while deferring specific parameters to the next meeting.

Updated Reach Codes

  • The Mayor proposed directing staff to draft an ordinance requiring all new structures to be all-electric.
  • The proposal included removing the "hardship" exemption while retaining an "infeasibility" exemption.
  • The Council voted to direct staff to draft the amended ordinance with the specified changes.

City Hall Campus and Disaster Drill

  • Discussion focused on designating the City Hall area as a "campus" to encourage broader community use.
  • An upcoming disaster drill involving public safety partners is scheduled for January 25 at Kent Hall.

Full summary

Call to Order and Roll Call

  • The meeting was called to order by Mayor Ben Harvey, who confirmed a quorum. A roll call was conducted by Councilmember Weston Montgomery, confirming all members were present. The Pledge of Allegiance was led by City Manager Clay Creasy.

Storm Report

  • City Manager Clay Creasy reported that the city experienced clogged storm drains and some road closures but no major issues, thanking the Police, Fire, and Public Works departments for their response. Police Chief Jeffrey Starkweather noted that while the city fared well, surrounding county areas faced significant impacts, including road closures on Highway 33 and the 101. Chief Starkweather reported that the Fire Department handled over 1,300 calls for service, including 80 rescues, with no lives lost. Updates were provided regarding road reopenings and ongoing communication with Caltrans.

Approval of Agenda

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

Commission Reports

  • City Manager Creasy confirmed there were no formal commission reports, though one commission was scheduled to present on a specific agenda item later in the meeting.

Public Comment

  • The public comment period addressed several topics, including recent election results, lawsuits filed by the nonprofit "Simply Ojai," and the Becker Development Agreement.
  • Library Update: Regional Librarian Ron Solorzano provided an update on upcoming Ojai Library programs.
  • Storm Response: Chief Starkweather reiterated the successful emergency response.
  • Election and Lawsuits: Speakers discussed the recent election, lawsuits against the city, and the Becker Project, expressing concerns regarding affordable housing obstruction and the financial impact of litigation.
  • Conflict of Interest: Bob Kemper raised concerns regarding a potential conflict of interest involving the Mayor and "Simply Ojai," requesting recusal. City Attorney Matt responded that under state law, there was no basis for recusal as the Mayor had no personal financial interest in the organization, was not on its board, and ideological alignment does not require recusal.
  • Budget and Referendum: City Manager Creasy noted that funds were available to cover the cost of a potential election regarding the referendum.
  • Other Topics: Kathy Nolan announced community engagement events for the City Hall campus. Steve Nkolome reported on the US Postal Service's transition to zero-emission vehicles. Elle Caldwell requested the formation of a Citizens Housing Committee and a public workshop on housing.

Consent Calendar

  • Wayne Maynard provided public comment on the Annual Attendance Report for Commissioners, suggesting improvements to reporting on canceled meetings. A motion was made and seconded to approve the consent calendar. The motion passed.

Proposed Local Downtown Historic District Nomination Results

  • City Manager Creasy presented a staff report regarding the nomination of a local downtown historic district. The report indicated that of 56 property owners, 37 responses were received: 14 in support and 23 opposing. The threshold to move forward requires 29 votes. Two property owners requested to change their votes from "yes" to "no" after the report was compiled. Staff outlined options, including allowing more time for voting or removing the item from future agendas. Commissioners Cindy Convery and Gina McCatton explained that the Historic Preservation Commission (HPC) was in Phase One of the study and had not yet submitted a formal nomination. They noted that 33% of property owners had not responded due to outreach challenges and requested additional time for education efforts. Public comment generally supported allowing the HPC to continue its study. No motion was made or vote taken on this item during this portion of the meeting.

Historic Preservation Commission (HPC) Request to Continue Process

  • The Council addressed a request from the HPC to continue work on establishing a local historic district. Public comment was provided by Barbara Bowman, who argued against the designation, citing a "three-layer" approval system, potential delays, and costs without guaranteed tax advantages. Staff and HPC members responded to questions regarding the process. City Manager Creasy explained that landmarked properties require permits costing between $675 and $2,000 and taking one to three months. He noted that if all properties in a historic district qualified for Mills Act agreements, the city could lose over $100,000 annually in property tax revenue. HPC members stated they intended to use volunteer time to minimize staff costs and proposed modifying the review process to be less intrusive. Staff clarified that interior work would generally not require historic review unless it involved character-defining elements. It was confirmed that the City Council has the authority to set rules governing the historic district. A motion was made to allow the HPC to continue their process with the understanding that staff time is limited and work should be conducted primarily through volunteer efforts. The motion was seconded. The motion passed.

Referendum Petition on Ordinance No. 934

  • The Council considered a certified referendum petition regarding Ordinance No. 934, which approved a development agreement for a 67-unit multi-family housing project across four sites. The ordinance included 27 deed-restricted affordable units, tenant protections, and a zoning map amendment. The Ventura County Clerk verified 607 valid signatures, exceeding the required 538, suspending the ordinance's effective date. The City Attorney outlined options: repeal the ordinance, submit it to voters via a special or general election, or continue the item. Staff recommended phrasing the ballot question to ask voters to approve the ordinance. Matt Carlson, representing the developers, urged a special election to avoid delays, arguing that repealing the ordinance would lead to alternative paths with fewer affordable units and no tenant protections. Council members questioned the status of tenant protections if the ordinance went to the ballot. Staff clarified that protections would revert to state law unless the developer voluntarily maintained them. The City Attorney noted that litigation was likely regardless of the Council's decision. Mayor Harvey proposed a motion to continue the item to January 24 to allow additional time for review. Public comment was received from supporters of the development agreement and those urging a referendum or rescission. Council members debated the merits of continuing versus making an immediate decision. A motion was made to continue the item for two weeks, until January 24. The motion was seconded. A roll call vote was conducted. The motion to continue the item passed.

Extension of the Second Unit Compliance Program

  • Staff presented a report on the Second Unit Compliance Program, established in 2013 to legalize existing unpermitted second units. The program has resulted in approximately 90 legalized units. Staff recommended extending the program for an additional two years through March 8, 2025. Council members discussed the program's effectiveness and a proposal to waive fees in exchange for deed restrictions. No motion was made or vote taken on this item within this segment.

Extension of ADU Compliance Program

  • Public comment was received regarding the extension of the Accessory Dwelling Unit (ADU) compliance program. Speakers expressed support for the extension while emphasizing fire safety and suggesting rent stabilization protections. Council discussion focused on the eligibility date for units and whether to adjust it to include more recent units. Staff noted that changing the eligibility date requires a new ordinance, while extending the deadline is a resolution. Concerns were raised regarding illegal construction if the date were moved forward without deterrence. Council members discussed including junior ADUs in the program. A motion was made to approve the extension of the ordinance with direction to staff to return with recommended modifications regarding the eligibility date and potential inclusion of junior ADUs. The motion was seconded. A roll call vote was conducted. The motion passed.

Selection of Council Representatives to Local, County, and Regional Boards

  • The Council reviewed a list of appointments to various boards and commissions. Council members volunteered for specific positions. It was determined that the representative for Gold Coast Transit required further scheduling coordination and would be revisited at the next meeting. For the Ventura Regional Sanitation District (VRSD), a potential job-sharing arrangement was discussed. A motion was made to approve the appointments as stated, with the understanding that the Gold Coast Transit representative would be determined in two weeks. The motion was seconded. A voice vote was taken. The motion passed.

City Council Priority Setting Workshop

  • Staff recommended holding a City Council Priority Setting Workshop to establish goals following the recent election. Staff suggested a two-session format facilitated by Jim Selman in February or March. Council discussion included comments on the facilitator's qualifications and a preference for a Saturday workshop. A motion was made to approve holding the workshop while continuing the discussion on specific parameters, dates, and the facilitator to the next meeting. The motion was made and seconded. A voice vote was taken. The motion passed.

Direction to Staff Regarding Updated Reach Codes

  • The Mayor presented a report on the urgency of climate action, proposing to direct staff to draft an ordinance expanding the existing Reach Code to require all new structures to be all-electric. The proposal included retaining an "infeasibility" exemption while removing the "hardship" exemption, and potentially renaming the ordinance. Public comment was received from supporters emphasizing health benefits and lower long-term costs, and opponents raising concerns regarding affordability and utility costs. Council discussion included the distinction between infeasibility and hardship, the need for public education, and potential grant funding. A motion was made to direct staff to draft an amended ordinance removing exemptions, including an infeasibility exemption, and changing the name of the code. The motion was seconded. A voice vote was taken. The motion passed.

Council Member Reports

  • Council members provided brief reports on recent activities, including the Ojai Valley Museum's New Year's Eve celebration, the use of Casa Ojai and the Grange as shelter, and updates from the Parks and Recreation Commission regarding Pickleball. No motions were made or votes taken on these reports.

City Hall Campus Terminology and Usage

  • Discussion occurred regarding the designation of the City Hall area as a "campus" to clarify that it comprises multiple buildings and to encourage community utilization of the grounds and Kent Hall. The discussion acknowledged a recent tour highlighting preservation efforts and parkland conditions.

Disaster Drill Announcement

  • The upcoming disaster drill was discussed. The event is scheduled for Wednesday, January 25, at 10:00 a.m. in Kent Hall. The drill will involve public safety partners and the Humane Society to facilitate discussion on emergency preparedness. The City Council is invited to participate or observe.

Upcoming Agenda Items

  • The agenda for the January 24 meeting was outlined, including the rent stabilization ordinance, the referendum, the council priority setting workshop, the Gold Coast appointment, and a Request for Proposals (RFP) for paving. Discussion noted that the paving RFP item may be rescheduled for February 14 to accommodate statutory notice requirements.

Adjournment

  • The meeting was adjourned.