City Council — 2023-05-09May 9, 2023

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BodyCity Council
MeetingRegular Meeting
Date📅 May 9, 2023

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Meeting Summary

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Present: Stix, Rule, Lang, Whitman

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

Agenda Adjustments

  • The Mayor removed the rent disclosure ordinance to address indemnification concerns.
  • Councilmember Rule requested removing the indemnification item for further research.
  • The City Attorney clarified that unlimited indemnification expenditure requires a majority vote.
  • The Council approved the adjusted agenda.

Consent Calendar Items

  • Item B was pulled to discuss transparency regarding legal fee invoices.
  • Item G received public support for the outdoor flagpole display policy including the Pride flag.
  • Item H was pulled for discussion on housing element compliance and consultant needs.
  • Item I received an endorsement from the Historic Preservation Commission Chair for a new appointment.

Affordable Housing Partnership

  • Staff presented two design concepts for a Habitat for Humanity partnership on city-owned land.
  • Discussion covered trade-offs between unit density, size, and ownership structures.
  • Public comment expressed support for the townhouse design and concerns about notification.
  • No formal motion or vote was taken as the session was limited to concept review.

Tiny House Development Proposal

  • Public comment raised safety and parking concerns regarding the Montgomery/Franklin lot.
  • Presenters clarified the design includes bicycle storage but no off-street vehicle parking.
  • The Council directed staff to proceed with the eight-unit tiny house design.
  • An amendment was passed to ask the Parking Committee to consider parking options.

Formula Business Ordinance Revisions

  • Staff proposed permanently setting the location threshold at five and removing website counting.
  • Discussion focused on exempting existing businesses from new permitting requirements.
  • The Council approved the ordinance with language exempting current lawful businesses.
  • Staff confirmed express exemptions for banks, gas stations, and professional offices.

Budget Workshop Two

  • Staff presented a General Fund budget with a projected $200,000 deficit.
  • Recommendations included reducing transfers to capital projects and contingency funds.
  • Discussion covered revenue options, stipends, and museum funding.
  • The Council approved the budget as presented pending a future workshop to finalize balance.

Ojai Day

  • Staff recommended street closure based on survey results and noted Caltrans permit costs.
  • Public comment supported the closure but raised concerns about merchant access.
  • The Council directed the City Manager to obtain necessary permits for the street closure.

Grant Application Workshop

  • A proposal was made to host a grant application workshop for local nonprofits.
  • Councilmember Whitman disclosed a familial relationship with a presenter.
  • The Council agreed to allow volunteers to use Kent Hall for the event.

Planning Commission Appointment Process

  • Councilmember Whitman requested a system where each member appoints a commissioner.
  • Discussion ensued regarding resume distribution and applying the process to all commissions.
  • No final decision was reached on the scope of the appointment policy.

Closed Session

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

Full summary

Call to Order and Agenda Adjustments

  • The meeting was called to order, a quorum was established, and the Pledge of Allegiance was recited. Prior to agenda approval, the Mayor announced the removal of the rent disclosure ordinance to accommodate a request regarding indemnification. Subsequently, Councilmember Rule requested the removal of the indemnification item (Item 6) to allow for further research. The City Attorney clarified that authorizing unlimited expenditure of funds for indemnification requires a majority vote of the Council. A motion to approve the agenda was moved, seconded, and passed.

Consent Calendar

  • Public comment was received regarding several items on the Consent Calendar. Items B (City Warrants), G (Outdoor Flagpole Display Policy), H (Sixth Cycle Housing Element), and I (Historic Preservation Commission Appointment) were pulled from the Consent Calendar for discussion.
  • Item B (City Warrants): Discussion focused on the transparency of legal fees. The City Attorney explained that full invoices are subject to attorney-client privilege but noted the Council could vote to release an itemized summary.
  • Item G (Outdoor Flagpole Display Policy): Public comment supported the policy, including the display of the Pride flag during Pride Month.
  • Item H (Sixth Cycle Housing Element): Speakers questioned the need for a new consultant and discussed state compliance issues. Staff clarified that the item was a status update and request for resources, with the actual adoption of the revised Housing Element scheduled for May 23. Staff and the City Attorney addressed concerns regarding non-compliance, potential litigation, and housing unit statistics.
  • Item I (Historic Preservation Commission Appointment): Bill Miley, Chair of the Historic Preservation Commission, endorsed the appointment of Craig Walker as the fifth member.
  • A motion to approve the remaining Consent Calendar items was moved, seconded, and passed.

Public Comment

  • Public comment was held on items not on the agenda and the pulled Consent Calendar items. Topics included:
  • Library: An update on the summer reading program and upcoming events.
  • Homelessness and Housing: Speakers discussed the need for low-cost housing, supportive shelters, and the City's responsibilities under the Continuum of Care MOU.
  • Traffic Safety: Requests for speed bumps on Drown Avenue and improvements to pedestrian and bicyclist infrastructure.
  • Retail: Concerns regarding the impact of shoplifting on local businesses.
  • Legal and Governance: Comments regarding a lawsuit involving Councilmember Rule, including requests for legal fee coverage and discussions on waiving privilege for closed-door meetings.
  • Accessibility: Reports on broken pavement, inaccessible crosswalk buttons, and restroom access issues.

Affordable Housing Partnership (408 North Montgomery Street)

  • Staff presented a proposal for a partnership with Habitat for Humanity to develop affordable housing on city-owned property. Two design concepts were reviewed: a four-unit townhouse concept and an eight-unit tiny home concept. Habitat for Humanity representatives explained the financial model, including state subsidies, sweat equity requirements, and deed restrictions to maintain affordability. Council discussion focused on the trade-offs between unit size and density, ownership structures, and the potential for Homeowners Associations. Public comment expressed support for the townhouse design and concerns regarding neighborhood notification. No formal motion or vote was taken on this item; the discussion was limited to reviewing concepts.

Tiny House Development Proposal (Montgomery/Franklin Lot)

  • Public comment addressed safety concerns at the intersection, visibility, and parking overflow. Presenters clarified that the proposed units would remain affordable for a 50-year term and that the eight-unit design includes bicycle storage but no off-street vehicle parking to maximize density. Council discussion focused on selecting a design direction to proceed to the Planning Commission. A motion was made to direct staff to move forward with the eight-unit tiny house design. An amendment was proposed to ask the Parking Committee to consider parking options for the development. The motion, as amended, was passed unanimously.

Revisions to the Formula Business Ordinance

  • Staff presented a report on revisions to the ordinance limiting formula businesses, proposing to permanently set the threshold at five locations and remove requirements to count websites and collective marketing. Discussion addressed the impact on existing businesses, with concerns raised that future permit applications for existing locations could be triggered if the business expanded elsewhere. A proposal was discussed to exempt businesses lawfully existing in Ojai at the time of adoption from new permitting requirements for their current location. Councilmember Whitman moved to approve the proposed ordinance with language exempting existing businesses from additional permitting requirements created by the new code. Councilmember Steingold seconded the motion. The motion passed. Staff confirmed that the ordinance includes express exemptions for banks, financial services, gas stations, and professional offices.

Budget Workshop Two – Fiscal Year 2023-24 General Fund Budget

  • Staff presented a report on the proposed General Fund budget, outlining projected revenues of $14.9 million and a $200,000 deficit. Staff recommended balancing the budget by reducing transfers to the Capital Improvement Program, the contingency fund, and prepayments for retiree medical and pension liabilities. Discussion covered council stipends, revenue options (sales tax, TOT, cannabis tax), salary expenditures related to filling vacancies, and museum funding. Councilmember Lang moved to approve the budget as presented, with the understanding that the Council would return at a future workshop to finalize a balanced budget. The motion was seconded and passed.

Ojai Day

  • Staff recommended closing the street for the event based on survey results, noting the requirement for Caltrans permits and associated costs. Public comment supported the street closure but raised concerns about access to downtown merchants. Councilmember Rule moved to direct the City Manager to proceed with obtaining permits from Caltrans to close the street for Ojai Day. The motion was seconded and passed.

Council Member Reports

  • Council members provided brief updates on recent activities, including attendance at the SCAG conference, National Nursing Week, reading events, fleet electrification discussions, Arbor Day, and the Humane Society capital campaign.

City Manager's Report

  • The City Manager outlined discussion items scheduled for the May 23rd meeting, including the annual engineer's report, the third budget workshop, valet parking, commission composition, the housing element, and rent disclosure. The report noted delays in the Parks and Recreation Commission's review of the Soule Park contract due to a lack of quorum and provided tentative scheduling for the Cannabis Lounge item and the Parking Committee meeting.

Finance Committee Scheduling

  • Discussion occurred regarding the rescheduling of the Finance Committee. The group expressed agreement to postpone the meeting to a later date. No formal motion was recorded.

Grant Application Workshop

  • Councilmember Noah's Ark proposed a workshop on grant applications for local nonprofits to be conducted by volunteers. Councilmember Whitman disclosed a familial relationship with one of the presenters. It was agreed, without objection, to allow the volunteers to use Kent Hall for the workshop. A separate workshop for the Arts Commission was also noted.

Planning Commission Appointment Process

  • Councilmember Whitman requested a system where each council member appoints a Planning Commissioner. Discussion ensued regarding the distribution of resumes and whether such a process should apply to all commissions. No final decision was made on the scope of the policy.

Adjournment

  • The meeting was adjourned.