City Council — 2023-08-22August 22, 2023

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BodyCity Council
MeetingRegular Meeting
Date📅 August 22, 2023

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Meeting Summary

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Present: Stix, Francina, Rule, Lang, Whitman

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

Proclamation Honoring Terrence Gordon Hill

  • The Council received a presentation recognizing Hill's 23 years of service on the Historic Preservation Commission.
  • Testimonials highlighted his mentorship, community involvement, and dedication to local history and youth sports.
  • The Mayor read a proclamation honoring Hill's life and extended condolences to his family.

Ojai Valley Land Conservancy Agreement

  • Item H was pulled from the consent calendar due to a $300,000 funding discrepancy for a parking lot and pedestrian bridge.
  • Staff and the Conservancy discussed separating the parking lot from the bridge project to address funding gaps.
  • The Council directed staff to investigate alternative funding and discuss options with the church parking lot owner.

Cannabis Lounges and Dispensaries Ordinance

  • Staff presented a draft ordinance allowing up to three consumption lounges and adjusting dispensary zoning locations.
  • Public comment generally supported the measure while raising concerns about traffic, tourism, and operating hours.
  • The Council voted to introduce the ordinance with modifications limiting licenses to three existing owners and allowing service until 10:00 p.m.

Short-Term Transient and Vacation Rentals Ordinance

  • Staff proposed a draft ordinance to expressly prohibit short-term rentals in residential zones and clarify rental definitions.
  • Council members discussed strengthening enforcement through graduated fines and extending the minimum rental period to 60 days.
  • The motion passed to approve the draft language and instruct staff to return with additional enforcement options.

Trolley Shelter Easement at 205 West Ojai Avenue

  • Staff presented a plan to construct a bus shelter requiring permanent and temporary easements on private property.
  • Questions regarding solar lighting and potential sleeping areas were addressed, with solar lighting declined due to maintenance concerns.
  • The Council authorized the execution of the easements and directed staff to solicit construction bids.

City Manager Search Firm Selection

  • The Council reviewed interviews with three executive search firms for the City Manager recruitment process.
  • Ralph Anderson & Associates was selected based on the firm's experience and the candidate's qualifications.
  • A motion passed to officially select Ralph Anderson & Associates as the search firm.

Elephant Bodily Rights Ordinance

  • A proposed ordinance was introduced to codify the right of bodily liberty for elephants and prohibit captivity without sanctuary standards.
  • Discussion distinguished between animal welfare laws and animal rights ordinances while addressing legal implications.
  • The Council directed the City Attorney to prepare an ordinance supporting the right of bodily liberty for elephants.

Speed Limit Legislation Discussion

  • Council members discussed the feasibility of implementing a 25-mile-per-hour speed limit across the city.
  • Reservations were expressed regarding state law restrictions that may prevent applying this limit to State Route 150.
  • No formal action was taken, and the matter was acknowledged as requiring further study.

Closed Session

  • The City Attorney reported on a closed session regarding a public employee appointment for the City Manager position.
  • The Council reviewed recruiter options and indicated a decision would follow upcoming interviews.
  • The meeting adjourned to a closed session to discuss litigation involving the City of Ojai and the U.S. Forest Service.

Full summary

Call to Order and Opening Remarks

  • The meeting was called to order with a quorum established. The Mayor opened the session with remarks acknowledging the recent "Ojai 2023 hurricane," thanking emergency management personnel, city staff, and community members for their response efforts. Specific acknowledgments were made for the coordination of public works and the opening of Kent Hall for the unhoused population. The Mayor also noted the impact on local businesses and ongoing recovery efforts.

Closed Session Report

  • The City Attorney reported that the Council had met in closed session to consider a public employee appointment regarding the City Manager. The Council reviewed options for a recruiter and indicated that a decision would be made following interviews.

Approval of Agenda

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

Proclamation Honoring Terrence Gordon Hill

  • The Council received a presentation regarding a proclamation honoring the life and service of Terrence Gordon Hill. Brian Aikens, Chair of the Historic Preservation Commission, presented the nomination, noting Hill's 23 years of service on the Commission and his contributions to preserving Ojai's history. Testimonials were shared regarding Hill's mentorship, community involvement, and dedication to local history and youth sports. The Mayor read the proclamation, which recognized Hill's service and advocacy, and extended condolences to his family. A photo opportunity was held.

Commission Reports

  • No commission reports were presented.

Public Comment

  • The Council opened the floor for public comment on items not on the agenda. Speakers addressed the need for community unity, improvements to housing and the community college, issues regarding tents and climate change, affordable housing preferences, and recommendations for speed bumps alongside speed limit changes.

Consent Calendar

  • The Council addressed the consent calendar. Item H, an agreement with the Ojai Valley Land Conservancy (OVLC) regarding a parking lot and pedestrian bridge project, was pulled from the consent calendar for discussion due to a funding discrepancy. Staff reported that the project was not included in the approved grant application and that the grant scope could not be modified. The agreement required $300,000 in reimbursement for which no immediate funding source was identified.
  • Discussion: Staff and Council discussed potential funding alternatives, including Measure C, and the possibility of separating the parking lot from the pedestrian bridge and trail improvements. Tom Maloney of the OVLC expressed the Conservancy's continued support for the project, noting they had raised $250,000 for the bridge and trails.
  • Public Comment: Concerns were raised regarding a different consent item (Item G) concerning costs for sanitary and police services; the City Attorney clarified that the agreement provides for reimbursement requests to the County. Regarding Item H, a suggestion was made that unspent city match funds might be available if the ATP budget could not cover the costs.
  • Action: A motion was made and seconded to approve the consent calendar with the exception of Item H. The motion passed.
  • Action on Item H: A motion was made and seconded to direct staff to investigate different avenues to reach an agreement with the OVLC regarding the parking lot and improvements on the Meadows Preserve. A friendly amendment was adopted to include a discussion with the owner of the church parking lot as an alternative. The motion passed.

Ordinance Regulating Cannabis Lounges and Dispensaries

  • The Council opened a public hearing on the introduction of an ordinance regulating cannabis lounges and dispensaries.
  • Staff Report: Staff presented a proposed ordinance allowing up to three cannabis consumption lounges and adjusting allowable zones for dispensaries. Lounges were proposed for the M1/MPD zone and the C1 zone east of Park Road. Dispensaries were proposed for existing M1/MPD zones and C1 general commercial zones, excluding the downtown district. The ordinance prohibits customers from bringing their own food, alcohol, or tobacco but does not prohibit the sale of non-cannabis food or non-alcoholic beverages.
  • Public Comment: Speakers generally supported the establishment of lounges, emphasizing the need to destigmatize cannabis use and support local small businesses. Recommendations included allowing indoor and outdoor consumption areas, utilizing air filtration systems, and extending operating hours to at least 10:00 p.m. Some speakers suggested limiting the initiative to three locations as a pilot program, while others advocated for expanding allowable locations beyond the current proposal. Concerns were raised regarding traffic, tourism impacts, and the need for valet plans.
  • Council Discussion: Council members discussed the practical and social implications of the lounges, focusing on small business viability, destigmatization, and safety. Discussion addressed the relationship between dispensaries and lounges, with staff clarifying that the draft ordinance required lounges to be tied to existing dispensaries. The Council sought to clarify the intent to maintain existing ownership entities, allowing them to operate up to three lounges and three dispensaries, either co-located or at separate sites within designated zones.
  • Motion and Vote: A motion was made to introduce the ordinance with specific modifications. The modifications included limiting the number of lounges to a maximum of three and dispensaries to a maximum of three, with licenses tied to the three existing dispensary owners; defining specific zoning areas for lounges and broader zones for dispensaries; removing prohibitions on outdoor cannabis consumption subject to City Manager rules; and setting operating hours to allow service until 10:00 p.m. subject to City Manager regulations. The motion was seconded. The motion passed.

Short-Term Transient and Vacation Rentals (Introduction of Draft Ordinance)

  • Staff presented a draft ordinance intended to strengthen the city's prohibition of short-term rentals (STRs). Proposed changes included shifting from a permissive zoning designation to expressly prohibiting land uses not listed in the zoning ordinance, clarifying the definition of a rental period as "one calendar month," and creating a new section in the municipal code to explicitly prohibit STRs.
  • Public Comment: Speakers expressed strong support for banning STRs in residential zones, citing negative impacts on housing availability and community stability. Recommendations included banning advertising of STRs in residential zones, permitting STRs only in commercial zones, and increasing fines. Concerns were raised regarding "fractionalization" of properties.
  • Council Discussion: Council members discussed the need to strengthen the ordinance to protect housing affordability. Members supported increasing the minimum rental period from 30 days to 60 days and enhancing enforcement mechanisms, including graduated fines and attorney's fees. The concept of fractionalization was discussed, with staff noting that current prohibitions on timeshares likely cover these arrangements.
  • Motion and Vote: A motion was made to approve the proposed ordinance language and to instruct staff to return with additional enforcement options, including extending the rental ban duration to 60 days, addressing fines and attorney fees, exploring fractionalization issues, and researching approaches taken by other communities. The motion was seconded. The motion passed.

Approval and Acceptance of Easement Dedication for Trolley Shelter Stop at 205 West Ojai Avenue

  • Staff presented a report on the construction of a bus shelter at the Bank of America location, noting that the existing bench sits on private property requiring an easement. The proposed design includes a 14-foot by 17.5-foot permanent easement, a temporary construction easement, and a shelter structure featuring corrugated metal roofing and stone elements. Questions were raised regarding solar lighting options, which staff declined due to maintenance concerns, and the potential for the structure to become a sleeping area. A conflict of interest inquiry regarding a council member's family member involved in the design was addressed; it was determined that no financial ties existed and the contract predated the council member's tenure.
  • Motion and Vote: A motion was made to authorize the execution and recording of both the permanent and temporary construction easements and to direct staff to solicit bids for construction. The motion was seconded. The motion passed.

Selection of Executive Search Firm for City Manager Recruitment

  • The Council discussed the selection of an executive search firm following interviews with three firms: Bob Murray & Associates, Peckham & McKinney, and Ralph Anderson & Associates. The Council indicated a decision had been made to select Ralph Anderson & Associates, citing the firm's experience and the candidate's qualifications.
  • Motion and Vote: A motion was made to select Ralph Anderson & Associates as the search firm. The motion was seconded. The motion passed.

Request to Agendize Ordinance to Protect City Elephant Bodily Rights

  • Council Member Rule introduced a proposed ordinance to codify the fundamental right of bodily liberty for elephants in Ojai, prohibiting captivity unless conditions meet accredited sanctuary standards. The discussion distinguished between animal welfare laws and animal rights ordinances. Public comment included support for the measure based on the intelligence and social complexity of elephants, as well as concerns regarding the legal implications of granting rights to animals.
  • Motion and Vote: A motion was made to direct the City Attorney to prepare an ordinance supporting the right of bodily liberty for elephants in Ojai. The motion was seconded. The motion passed.

Council and City Manager Reports

  • Council members provided updates on community events, including a children's book reading at the library and efforts to assist homeless individuals during recent flooding. A report was given regarding public concerns about drinking water quality in the Arbolada area; staff confirmed that the water district tests water quality and that intrusion from external sources is prevented by pipe pressure regulations. The City Manager announced a council priorities workshop scheduled for August 30th at Kent Hall. Additionally, the City Manager raised a question regarding a fee waiver request for a fundraising concert at Libby Bowl for Foster Park. The Council discussed the process, noting that if there is no opposition and costs are covered by the event organizers, staff may have the authority to approve the waiver without a formal agenda item.

Discussion on Future Agenda Items and Speed Limit Legislation

  • The meeting included a discussion regarding potential agenda items for the first September meeting, specifically focusing on the implementation of a 25-mile-per-hour speed limit. Reservations were expressed regarding the community's ability to set a 25-mile-per-hour limit across the board due to state law restrictions. It was clarified that while the limit may not apply to State Route 150, it could be applicable to residential neighborhoods, noting that new state laws may affect this authority. It was acknowledged that the matter requires further study. No formal motion was moved, seconded, or voted upon regarding this topic.

Adjournment and Closed Session

  • The Chair thanked attendees for the meeting, noting that six agenda items had been addressed. The Council prepared to adjourn to a closed session to discuss a case involving the City of Ojai and the U.S. Forest Service in the U.S. District Court. It was stated that if reportable action occurred during the closed session, it would be reported at the next meeting. The public was asked to leave, and the meeting was adjourned to the closed session. No vote was taken on the adjournment.