City Council — 2023-02-14

Agenda Organization and Public Comment Procedures

• The Council voted to maintain the originally noticed agenda order rather than moving public comment to the end of the meeting.
• Discussion regarding the timing and rules for public comment was deferred to a future workshop.
• No changes were made to the current meeting structure or public access protocols at this time.

Ojai Valley Community Wildfire Protection Plan (CWPP) Update

• The Fire Safe Council presented a 10-year action plan covering 350 square miles to mitigate wildfire risk through mapping and prescribed grazing.
• The plan aims to serve as a tool for accessing state and federal funding while engaging the community via workshops and surveys.
• Council members inquired about outreach timing and funding sources, but no formal motion or vote was taken.

Clean Energy Ordinance (Reach Code) / Greenhouse Gas Reduction Code

• The Council adopted a first reading of an updated ordinance requiring all new buildings to be all-electric, renaming it the "Greenhouse Gas Reduction Code."
• Specific exemptions for commercial kitchens or generators were removed, retaining only a general infeasibility clause for exceptions.
• Staff was directed to correct a typo regarding the appeal process to ensure the Planning Commission is included in the procedure.

Rent Stabilization and Tenant Protection

• The Council directed staff to draft a rent stabilization ordinance including strong protections against no-fault evictions and substantial displacement compensation.
• Staff was instructed to research enforcement mechanisms, including private attorney general provisions, and analyze housing data from other jurisdictions.
• Legal counsel noted that any final ordinance must include an administrative appeal process for landlords to contest rent limits.

Housing Committee

• The Council agreed to prioritize the formation of a Housing Committee for discussion at an upcoming meeting.
• Staff confirmed the item is on the pending list and will be scheduled sooner than the standard queue.
• Future discussions will determine the specific structure and scope of the committee.

City Council Priority Setting Workshop

• The Council voted to schedule Jim Selman as the facilitator for the priority-setting workshop at no cost to the city.
• The engagement is contingent on Mr. Selman reviewing past Council meetings and allows for reassessment at the next meeting.
• Public comment raised concerns about potential conflicts of interest, which were addressed through the conditional motion.

Closed Session

• No closed session report was included in the provided meeting summary.

Meeting Summary

Agenda Organization and Public Comment Procedures

• The meeting was called to order with a quorum present. The Mayor proposed moving the Rent Stabilization and Clean Energy Code (Reach Code) items to the front of the agenda, immediately following the consent calendar, to ensure they were addressed after public comment. A motion was made to reorganize the agenda to place public comment at the end of the meeting; this motion was seconded. Following a debate regarding the impact on public access and meeting timing, an alternative motion was made to proceed with the agenda as originally noticed and to schedule a future workshop to discuss public comment rules and timing. This alternative motion was seconded. The Council voted on the alternative motion, which passed. Consequently, the agenda remained as originally written, and the discussion on public comment procedures was deferred to a future workshop.

Ojai Valley Community Wildfire Protection Plan (CWPP) Update

• The Ojai Valley Fire Safe Council presented an update on the development of the Community Wildfire Protection Plan (CWPP). The presentation outlined a 10-year action plan covering approximately 350 square miles, including unincorporated areas, with goals to mitigate wildfire risk through fine-scale risk mapping, ember cast modeling, and expanding prescribed grazing programs. The plan is designed to be community-driven and serve as a tool for accessing state and federal funding. Public workshops and an online survey were announced for community engagement. Council members asked questions regarding the timing of grazing outreach events and funding sources. No formal motion or vote was taken on this item.

Consent Calendar

• A motion was made to approve the consent calendar. The motion was seconded and passed without discussion.

Clean Energy Ordinance (Reach Code) / Greenhouse Gas Reduction Code

• The Council held a public hearing on the first reading of an updated ordinance, proposed to be renamed the "Clean Energy Ordinance" or "Greenhouse Gas Reduction Code." The staff report indicated the proposal would require all new buildings to be all-electric, eliminating natural gas infrastructure. The ordinance applies to new construction and new certificates of occupancy issued on or after January 1, 2021, and does not mandate changes to existing buildings. Propane was confirmed as an allowable alternative for outdoor cooking and fire features.
• Public comment was received from residents and representatives. Speakers in support cited climate change mitigation, public health benefits regarding indoor air quality, and economic incentives. Speakers opposing the measure or requesting modifications advocated for exemptions for commercial kitchens, backup generators, and pool/spa heaters, citing high costs and technology reliability concerns. Some speakers requested a citizen engagement committee or a task force to study the issue further. Staff clarified that the ordinance applies only to new construction, that portable generators are not impacted, and that battery backup systems are available as an alternative to gas generators.
• Council members debated the scope of the ordinance, the necessity of exemptions, and the title of the measure. While some expressed concern regarding grid reliability and electric pool heating technology, the majority opinion leaned toward a "clean" ordinance with no specific exemptions, relying instead on an "infeasibility" clause. Council members proposed changing the title to "Greenhouse Gas Reduction Code" and adding a "whereas" clause regarding the reduction of energy consumption. Staff identified a typo in the draft regarding the appeal process for infeasibility exemptions, which needed correction to include the Planning Commission.
• A motion was made to amend the existing reach code by removing specific exemptions (retaining only the infeasibility exemption), changing the name to the "Greenhouse Gas Reduction Code," and adding a "whereas" clause regarding energy consumption reduction. The motion was seconded. The Council voted on the motion, which passed. The ordinance was adopted with no specific exemptions other than the infeasibility provision.

Rent Stabilization and Tenant Protection

• Staff presented an initial report on rent stabilization and tenant protection measures, noting this was the first discussion on the topic in several years. Staff explained that under the state Costa-Hawkins Rental Housing Act, the city cannot impose rent control (setting initial rates) but can enact rent stabilization (limiting increases) for apartments built before February 1, 1995. Single-family homes and condominiums are exempt from rent stabilization but may be subject to tenant protection measures regarding eviction. Staff noted that state law (AB 1482) already limits rent increases to 5% plus inflation (maximum 10%) for most multifamily units and some single-family homes/condos owned by corporations or trusts.
• The report outlined "just cause" eviction requirements, distinguishing between "at-fault" evictions (no relocation benefits required) and "no-fault" evictions (relocation benefits required if a local ordinance is adopted). Staff compared enforcement models and relocation assistance amounts in other cities, such as Oxnard and Bell Gardens. Council members inquired about attorney fee shifting provisions, which staff indicated were not in the initial draft but could be explored.
• Public comment was received regarding the proposal. Speakers in support emphasized the need to protect long-term residents and prevent displacement. Speakers expressing concerns raised issues regarding unintended consequences, such as small landlords exiting the market, and suggested forming a housing committee or task force. Representatives from the Apartment Association of Greater Los Angeles and the California Apartment Association opposed local measures, arguing that statewide protections are sufficient and that local rent stabilization would reduce housing supply.
• Council members discussed the balance between immediate tenant protection and the risks of unintended consequences. One member proposed forming a housing committee to study the issue before drafting an ordinance. Another member argued against delaying rent stabilization and requested staff research how smaller cities have implemented these ordinances. Council members also discussed enforcement mechanisms, including a "private attorney general" provision, and requested data on housing construction in cities with existing ordinances and a report on failed housing projects in Ojai.
• A motion was made to direct staff to draft an ordinance for a first reading. The motion specified that the ordinance should include strong protections against no-fault evictions, substantial displacement compensation, annual rent increase allowances, fraudulent eviction deterrence measures (including private attorney general language), substantial financial penalties, and Ellis Act implementation provisions. The motion also directed staff to research ordinances in specific cities and provide data on housing construction in those jurisdictions. The motion was seconded. Following discussion on the scope of the motion and data requests, the Council voted to approve the motion directing staff to research and draft the ordinance. The motion passed.
• In a subsequent discussion regarding the Rent Stabilization Ordinance, staff and legal counsel explained that any ordinance limiting rent increases must include an administrative appeal process to allow landlords to contest limits if they do not provide a reasonable rate of return. Counsel noted that most cities establish an independent board or commission for these appeals. The discussion addressed the risk of landlords circumventing protections via month-to-month leases of 30 days or less. A substitute motion was made to direct staff to draft a first version of a rent stabilization ordinance, including a rent stabilization feature and an enforcement mechanism, with the understanding that the Council could review the draft before a formal reading. The motion was seconded. The Council voted to direct staff to draft the first version of the ordinance. The motion passed.

Housing Committee

• Council Member Starkweather requested that the proposed Housing Committee be added to a future agenda item sooner than the standard queue. Staff confirmed the item is on the list of pending items. The Council agreed to prioritize the item for discussion at a future meeting to determine the committee's structure and scope.

City Council Priority Setting Workshop

• Staff presented a proposal for a priority-setting workshop facilitated by an external consultant. Two facilitators were identified: Jim Selman, who offered to facilitate at no cost, and Nusa Mall, who would charge a fee of $4,000 for a two-day session. Staff recommended selecting a facilitator immediately to allow for preparatory work.
• Public comment was received regarding the workshop. Several speakers emphasized the need to update Council protocols and establish an ethics code. Concerns were raised regarding the selection of Jim Selman due to his prior involvement with the Climate Action Committee and relationships with Council members. Council Member Rule expressed a desire to meet with Mr. Selman prior to finalizing the decision. Council Member Starkweather suggested that Mr. Selman review past Council meetings as a condition of his engagement.
• A motion was made to proceed with scheduling Jim Selman as the facilitator, contingent on the understanding that he would review past meetings and that the Council could reassess the decision at the next meeting if concerns arose. The motion was seconded. The Council voted to move forward with scheduling the workshop with Jim Selman. The motion passed.

General Public Comment

• The remainder of the transcript consisted of general public comment. Speakers addressed various topics including the timing of public comment periods, the scheduling of elections for specific development projects, and the formation of committees. Significant discussion focused on allegations of ethical breaches, including the sharing of confidential information and communications with opposing counsel in ongoing litigation. Speakers expressed concerns regarding transparency, the integrity of the Council, and the need for an ethics code. Some speakers defended the Council's actions and the decision to hold public comment at the end of the meeting, while others criticized the move. No formal motions were made or voted upon during this period.

February 28th Meeting Schedule and Agenda Items

• Unidentified Speaker 2 reported on items scheduled for the February 28th meeting, including the return of the valet parking initiative, a building code update incorporating fire hardening recommendations, a request from the Parks and Recreation Commission to negotiate the Soule Park agreement, the second reading of the reach codes, and a potential return of the council workshop. The speaker noted a backlog of items, including those from the affordable housing committee.

Request for Agenda Inclusion (Sousa Francina)

• Council Member Leslie Rule inquired about the status of an agenda item regarding "Sousa Francina," stating she believed it was scheduled for February 28th. Unidentified Speaker 2 stated they were not aware of the item being scheduled for that date. A discussion ensued regarding the protocol for adding items to the agenda. It was explained that while items are added to the general list, placing an item on a specific date requires a majority vote from the council. Council Member Rule disputed this, asserting she had been told the item would be on the February 28th agenda without a council vote. Unidentified Speaker 2 maintained that the item remains on the general list but requires a majority vote to be moved up. No motion was made or voted upon regarding the inclusion of this specific item.

Adjournment

• Unidentified Speaker 2 moved to adjourn the meeting. Council Member Betsy Stix seconded the motion. The motion to adjourn passed.