City Council — 2023-01-24January 24, 2023

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BodyCity Council
MeetingRegular Meeting
Date📅 January 24, 2023

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Meeting Summary

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Present: Stix, Francina, Rule

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

At a glance

Honoring Police Chiefs

  • The council recognized outgoing Chief Jose Rivera for his tenure and promotion to Assistant Sheriff.
  • Sheriff Jim Fryhoff introduced Captain Trina Newman as the new Chief of Police.
  • Both officers addressed the council regarding their service and future leadership.

Commission Reports

  • The Arts Commission outlined upcoming work including a five-year plan and mentorship programs.
  • The Historic Preservation Commission reported on efforts to nominate new members for a full commission by March.

Referendum on 67-Unit Development Agreement

  • Staff presented options to repeal the ordinance or submit it to voters, noting legal risks of delay.
  • The council debated election dates, weighing turnout against the need for a timely decision.
  • A motion to submit Ordinance 934 to voters on March 5, 2024, was adopted.

Reach Code Ordinance

  • Staff presented a proposal to require all-electric new construction with limited exemptions.
  • The council voted to defer the item to the February 14 meeting to ensure full participation.
  • Rent Stabilization and Valley Parking Initiative items were also deferred to the same date.

City Manager's Report

  • A city disaster drill is scheduled for the following morning to debrief on recent storm events.
  • Plans and specifications for street bids were approved for public release with a timeline.

Council Member Reports

  • Mayor Stix reported on a congressional visit to assess flood damage in Matilija Canyon.
  • Council Member Lang commended the organizers and participants of the MLK Day event.

Future Agenda Items

  • A motion was made to investigate how other communities address unoccupied second homes.
  • Another motion proposed establishing a Housing Ad Hoc Committee to engage stakeholders.
  • Staff confirmed the February 14 agenda will include deferred items and the Tiny Home Pilot Project report.

Closed Session

  • The council voted to defer discussion of closed session disclosures to a future closed session.
  • City Attorney noted Council Member Rule would be excluded from that specific session due to an adverse legal position.

Full summary

Call to Order and Procedural Matters

  • The meeting was called to order by Mayor Betsy Stix, and a roll call confirmed a quorum. The Pledge of Allegiance was recited. Council Member Leslie Rule moved to renumber agenda items, specifically moving Item 3 to Item 1. During the explanation of the motion, Council Member Rule made statements regarding closed session matters. City Attorney Weston Montgomery ruled the comments out of order due to restrictions on disclosing closed session information. Council Member Rule appealed the ruling, but no second was offered for the motion to override the Chair. Council Member Rachel Lang moved to defer discussion of the closed session disclosures to a future closed session, noting legal liability concerns; Mayor Pro Tem Francina seconded the motion. Council Member Rule offered an amendment arguing the sessions were not legally noticed, but the amendment was not seconded. The council voted on the motion to defer the discussion, which passed. The City Attorney noted that Council Member Rule would be excluded from that specific closed session due to an adverse legal position.
  • Following the procedural vote, a motion was made to move agenda Item 3 to the position of Item 1, with a second. Discussion ensued regarding prioritizing the referendum versus maintaining the posted order for public comment scheduling. The motion to reorder the agenda passed, and the agenda was subsequently approved with the items reordered.

Honoring Police Chiefs

  • The council recognized outgoing Ojai Police Chief Jose Rivera. Mayor Stix presented a proclamation acknowledging Chief Rivera's tenure, focus on public safety, and promotion to Assistant Sheriff of Operations with the Ventura County Sheriff's Office. Chief Rivera addressed the council. Sheriff Jim Fryhoff introduced the new Chief of Police, Captain Trina Newman, highlighting her 25 years of service and local residency. Captain Newman addressed the council.

Commission Reports

  • The Arts Commission reported on its newly constituted status and outlined upcoming work, including a five-year planning session, public art, grants, and mentorship programs. The Historic Preservation Commission reported on its status, noting an ad hoc committee meeting and the ongoing process of nominating new commissioners to achieve a full commission by March.

Public Comment

  • Public comment was limited to two minutes per speaker. Topics included the need for verifiable facts in decision-making regarding affordable housing calculations; requests for increased security at Arcade Plaza; calls for civil discourse; the link between housing shortages and school enrollment; the formation of a Housing Commission; advocacy for a referendum on the Simply Ojai project; concerns over transparency and "secret sessions"; criticism of the Ojai Family Shelter's vaccination policy; promotion of the Ojai Arts Center Theater; legal counsel statements regarding Council Member Rule's right to disclose closed session information; and concerns over perceived conflicts of interest involving the Mayor and the Simply Ojai project.

Consent Calendar

  • Public comment was received regarding housing impacts on families and schools, and questions were raised regarding the timeline and funding for road paving projects. Staff responded that the city is finalizing a 10-year paving plan and developing a new five-year plan to increase the pavement score, with a goal of paving between June and August if approved. A motion to approve the consent calendar was made, seconded, and passed.

Referendum on 67-Unit Development Agreement (Item 3)

  • Staff presented a report on a valid referendum petition challenging the development agreement for a 67-unit multifamily housing project. Staff outlined two options: repeal the ordinance or submit it to voters. Cost estimates were provided for a General Election (November 5, 2024), a Special Election (March 5, 2024), and a Standalone Special Election. Staff noted that delaying the decision could impact legal strategies, including potential "builder's remedy" applications.
  • Public comment was extensive, with speakers urging the council to submit the issue to voters due to concerns over affordable housing definitions and displacement, while others argued that repealing the agreement would result in the loss of negotiated protections. A public commenter attempted to disclose closed session information; the Mayor ruled the comments out of order. A motion to overrule the Mayor was made, seconded, and passed, allowing the commenter to finish their remarks.
  • Council Member Rule requested permission to speak publicly about closed session matters regarding the development agreement. The City Attorney advised that waiving attorney-client privilege could jeopardize the city's legal position in a stayed lawsuit. Council Member Rule moved to waive privilege, but the motion did not receive a second.
  • A motion was made to submit Ordinance 934 to the voters and direct the City Clerk to prepare necessary resolutions. The motion was seconded. Discussion followed regarding the merits of the referendum and the election date. A substitute motion was made to submit the ordinance to voters on November 5, 2024, to maximize turnout; this was seconded. A second substitute motion was made to submit the ordinance to voters on March 5, 2024, citing the need for a sooner decision; this was also seconded. The council voted on the second substitute motion (March 5, 2024) first. The motion passed. Consequently, the motion to submit Ordinance 934 to the voters for the March 5, 2024 election was adopted.

Reach Code Ordinance (Item 4)

  • Staff presented a report on the proposed update to the Reach Code, now titled the "Greenhouse Gas Reduction Code." The proposal seeks to require all new construction to be all-electric, eliminating nine existing exceptions and retaining only an infeasibility exemption. Remodels of existing structures would not be affected.
  • Council Member Francina was absent due to illness. Council Member Rule moved to defer the Reach Code item to the next meeting to allow for full Council participation and to accommodate public speakers. The motion was seconded. Staff recommended continuing the item to February 14 to avoid additional noticing costs. The council agreed to defer the Reach Code item, as well as the Rent Stabilization item and the Valley Parking Initiative item, to the February 14 meeting.

City Manager's Report

  • The City Manager reported on a city disaster drill scheduled for the following morning at Kent Hall to debrief on recent storm events and discuss other scenarios. The event was to be broadcast on local channels and online. The City Manager also reported on the approval of plans and specifications for street bids, which were to be released to the public with press releases detailing the timeline.

Council Member Reports

  • Mayor Stix reported on a visit by Congressman Salud Carvajal to Matilija Canyon to assess flood damage and seek emergency funding. Council Member Lang commended the organizers and student participants of the MLK Day event.

Future Agenda Items

  • Council Member Whitman proposed adding an item to investigate how other communities address unoccupied second or third homes and potential funding for an affordable housing trust. The motion was seconded. Council Member Rule proposed adding an item to establish a Housing Ad Hoc Committee to engage stakeholders regarding housing issues. The motion was seconded. Staff outlined the tentative agenda for the February 14 meeting, which would include the deferred Reach Code, Rent Stabilization, Valley Parking Initiative, and the Tiny Home Pilot Project Annual Report.

Adjournment

  • The chair confirmed there were no additional future agenda items. The meeting was adjourned.