Meeting Summary
Present: Stix, Hansena, Rule, Lay, 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
Historic Preservation Commission Status
- The commission is currently unable to meet due to a vacancy leaving only four members, failing the code requirement for three resident members.
- Pending items regarding the Downtown Historic District and annual awards were deferred until the composition issue is resolved.
- Staff will draft an ordinance to address commission structures and quorum requirements for a future agenda.
Cannabis Ordinance (Lounges)
- The council approved the ordinance with express direction to the City Manager to set operating hours, ensuring closures do not occur before 10 p.m.
- Discussion confirmed that delegating hour-setting authority avoids the Conditional Use Permit process, allowing for easier permit revocation.
- Public comment urged a firm maximum closing time, but the council maintained flexibility for the City Manager to determine specific hours.
Title 10 Municipal Code Revisions
- The council approved a first reading of errata and minor revisions intended to correct vagueness and inconsistencies without changing substantive rules.
- A specific amendment was adopted to retain "Note 5" in Table 2-4, which had been incorrectly marked for deletion in the draft.
- Staff noted that future agenda items will be needed to address inconsistencies in allowed use tables and outdoor dining definitions.
Valley Parking Ordinance (Valet Parking)
- The council directed the City Attorney to negotiate a revised ordinance with the Ojai Valley Inn and initiative proponents to resolve the pending lawsuit.
- The proposed settlement aims to ban valet stands on Ojai Avenue and prohibit valet vehicles from crossing the street or using public lots.
- A special meeting is scheduled within two weeks to consider the newly negotiated ordinance and potential settlement terms.
International Cities of Peace Flag Display
- The council approved a request to display the International Cities of Peace flag at City Hall for 30 days.
- The approval includes authorization for a flag-raising ceremony and a related event in conjunction with the International Day of Peace.
Movable Tiny Houses Pilot Program
- The council directed staff to return with a discussion item on extending the pilot program rather than simply renewing the current two-year term.
- Staff is instructed to explore varying fire rating standards and the potential for allowing units on wheels without permanent foundations.
- Discussion highlighted that current state law likely prevents the city from imposing rent stabilization on tiny homes on single-family lots.
Single-Use Plastics and Balloon Ban
- The council directed staff to draft an ordinance prohibiting the sale of Mylar and helium balloons, as well as the release of balloons on city property.
- Staff is also instructed to explore advancing the state timeline for banning single-use plastic bags and water bottles under one gallon.
- The motion included a requirement to coordinate the ban with an educational campaign and examine compostable alternatives for produce bags.
Elephant Rights Ordinance
- The council approved the first reading of an ordinance establishing the right to bodily liberty for elephants held in captivity.
- Discussion distinguished the measure as establishing legal rights rather than animal welfare standards, with one dissenting vote recorded.
- Public comment suggested expanding the ordinance to include all animals, though the current text focuses specifically on elephants.
Closed Session
- No closed session report was provided in the meeting summary.
Full summary
Call to Order and Opening Procedures
- The meeting was called to order with a roll call establishing a quorum. The Pledge of Allegiance was recited, and a moment of silence was observed to honor Benny Shermer.
Agenda Approval
- A motion was made and seconded to approve the meeting agenda. The motion passed.
Commission Reports: Historic Preservation Commission
- Brian Akins, Chair of the Historic Preservation Commission (HPC), reported the resignation of Commissioner Cindy Convery, leaving the commission with four members. Akins explained that the September meeting was cancelled because the commission did not meet the municipal code requirement of having a minimum of three resident members to constitute a valid composition. He noted that pending items regarding the Downtown Historic District, Sites of Merit, and annual awards could not be addressed. Discussion ensued regarding residency requirements. The City Manager clarified that a draft ordinance addressing commission structures and quorum issues would be placed on a future agenda. The Mayor Pro Tem advised that the current code language is a compositional requirement; if the standard is not met, the commission cannot legally meet. The City Manager noted that appointing residents to current vacancies would resolve the immediate issue.
Public Communications
- Public comments were received on non-agenda items. Ron Solorzano (Ventura County Library) provided an update on the "One County, One Book" program featuring Solito by Javier Zamora. Jessica McCray requested the council address the unhoused population and community garden issues, urging transparency and county engagement; the City Manager responded that a task force is active and a meeting with the county is scheduled. Rachel Hunt spoke on homelessness, advocating for community engagement, temporary facilities, and long-term low-income housing. Robin Gerber addressed concerns regarding transparency, a past Brown Act violation, and legal actions, criticizing specific council members. Nora Harold spoke in support of the council members and community figures who had been criticized. No comments were received via Zoom.
Consent Calendar
- A motion was made to approve the consent calendar items, with Item D (Cannabis Ordinance) pulled for separate discussion. The motion was seconded. The motion to approve all items except Item D passed.
Item D: Cannabis Ordinance (Cannabis Lounges)
- Public comment was received from Bill Miley, who supported the zoning but suggested reconsidering the 10 p.m. closing time. Discussion focused on hours of operation. The City Manager and Mayor Pro Tem clarified that the ordinance delegates authority to set operating hours to the City Manager, subject to a floor of not closing earlier than 10 p.m. Council members discussed the flexibility of this provision. Council Member Whitman inquired about requiring Conditional Use Permits (CUPs); the Mayor Pro Tem explained the current structure avoids the CUP process to maintain greater control and easier revocation of permits. The council agreed to leave operational details to the City Manager's discretion. A motion was made to approve the cannabis ordinance with express direction to the City Manager to set hours of operation as deemed fit, with the understanding that closures should not occur earlier than 10 p.m. The motion was seconded. Additional public comment was received from Larry Steingall, who urged the council to set a firm maximum closing time. The motion to approve the ordinance with the specified direction passed.
Item 2: First Reading of Revisions to Title 10 (Municipal Code)
- Lucas Sybert, Community Development Director, presented a staff report on a four-year project to revise Title 10 of the Ojai Municipal Code. The proposal includes approximately 186 sections of errata and minor revisions intended to correct vagueness, incorrect references, and inconsistencies without changing substantive rules. During the presentation, an error was identified regarding "Note 5" in Table 2-4, which was incorrectly marked for deletion in some sections; staff recommended retaining Note 5 throughout the document. Sybert noted other areas requiring future attention, such as inconsistencies in allowed use tables and definitions of outdoor dining. Public comment was received from Renee (via Zoom), who inquired about tools to ensure affordable housing inclusion; the City Manager noted that an inclusionary housing ordinance would require a future agenda item. A motion was made to approve the errata changes to Title 10, with the specific amendment to retain Note 5 in Table 2-4. The motion was seconded. The motion passed unanimously.
Item 3: Public Hearing on Valley Parking Ordinance (Valet Parking)
- The meeting addressed a proposed ordinance to regulate valet parking pursuant to a settlement offer in the Valley Parking Initiative lawsuit. The staff report noted that the city currently approves valet parking on a case-by-case basis. The proposal resulted from negotiations following a rejected initiative petition and subsequent lawsuit. The proposed ordinance requires valet parking to occur on the same premises as the commercial use, effectively prohibiting offsite valet parking, with exceptions for up to six special events per year and noncommercial residential uses. The ordinance applies to motor vehicles, not bicycles. Plaintiffs indicated they would drop the lawsuit if the ordinance were adopted.
- Public comment was received from speakers opposing the ban, who characterized the proposal as anti-business and restrictive, and speakers supporting the ordinance, who cited the will of petition signers and the need to preserve town character. Concerns were raised regarding the impact on the Ojai Valley Inn and the inclusion of "value statements" in the ordinance.
- Council discussion focused on the scope of the ordinance and the need to accommodate the Ojai Valley Inn. Council Member Convery moved to direct the City Attorney to work with the Ojai Valley Inn and the original initiative proponents to draft a proposed solution acceptable to a Council majority, the Inn, and the proponents. The motion included a request to schedule a special meeting one week from the current date to decide on a newly proposed settlement. Council Member Whitman expressed concern regarding the binary nature of the choice and the need for more public feedback. Council Member Lange supported moving forward with a settlement to avoid the issue going to voters.
- A subsequent motion was made to direct the City Attorney to meet with the proponents and the Ojai Valley Inn to negotiate an ordinance. The proposed ordinance would ban valet parking stands on Ojai Avenue within a set distance, prohibit valet vehicles from crossing Ojai Avenue in transit, and restrict valet parking on any public right-of-way or municipal parking lot. The motion included a provision to return to the council with a proposed ordinance within two weeks. A friendly amendment to strike the first three items of a proposed ordinance preamble was discussed but not formally adopted into the motion at that time. The motion was seconded. Following a roll call vote, the motion passed.
Agenda Item: International Cities of Peace Flag Display
- Staff presented a request from the Ojai representative of the International Cities of Peace to display a peace flag at City Hall for 30 days in conjunction with the International Day of Peace program. The request included a flag-raising ceremony and an event. Staff noted the display is considered government speech. A motion was made to approve the request to display the peace flag at City Hall for 30 days. The motion was seconded. Following a roll call vote, the motion passed.
Agenda Item: Two-Year Pilot Program for Movable Tiny Houses
- Staff provided a report on the two-year pilot program for movable tiny houses, which is set to sunset at the end of the year. The report indicated that three applications were submitted, with two completing the full process. Challenges identified included delays related to third-party review of ANSI standards. Council members discussed making the program permanent rather than extending the pilot. Questions were raised regarding the requirement for a permanent foundation, the ANSI certification process, and owner-built units. Staff clarified that the permanent foundation requirement was adopted to prevent transience, and the ANSI requirement was chosen to ensure fire resilience. Discussion also covered the potential for rent stabilization on tiny homes; staff advised that under current state law (Costa-Hawkins), the city likely lacks the authority to impose rent stabilization on tiny homes located on single-family lots. Public comment highlighted the cumbersome nature of the current approval process.
- A motion was made by Councilmember Whitman and seconded by Mayor Pro Tem Francina to direct city staff to return with a discussion item regarding the extension of the tiny home pilot project. The motion included instructions to consider varying fire rating standards, the potential for units on wheels (removing the fixed foundation requirement), and other program adjustments. The motion passed unanimously.
Agenda Item 6: Banning Single-Use Plastics, Mylar, and Helium Balloons
- Staff presented a discussion item regarding the potential ban on single-use plastics, Mylar balloons, and helium-filled balloons. Staff highlighted enforcement challenges and suggested an educational campaign might be necessary. Public comment included support for a comprehensive ban and concerns about the scope. Council members discussed the environmental impact of plastics and balloons. A motion was made by Councilmember Lange and seconded by Councilmember Whitman to direct staff to return with a draft ordinance. The motion instructed staff to explore the city's ability to prohibit the sale of Mylar, helium, and all balloons, as well as the release of balloons on city property. Additionally, the motion directed staff to look into advancing the state timeline for banning single-use low-density plastic bags and single-use water bottles under one gallon, and to coordinate the effort with an education program. A friendly amendment was adopted to include the release of balloons on public property and to examine the ban on produce bags in favor of compostable alternatives. The motion passed unanimously.
Agenda Item 7: Ordinance on the Right to Bodily Liberty for Elephants
- The Council considered a draft ordinance to add Article 10, "The Right to Bodily Liberty for Elephants," to the Ojai Municipal Code. The ordinance is intended to establish legal rights for elephants held in captivity, specifically regarding habeas corpus, rather than establishing animal welfare standards. Council members discussed the distinction between animal welfare and animal rights. Councilmember Whitman expressed concern that the ordinance might be symbolic and questioned the prioritization of this issue over local wildlife concerns. Councilmember Lange supported the ordinance but noted the desire to eventually address other species. Public comment included arguments for expanding the ordinance to include all animals. A motion was made by Councilmember Ruhl and seconded by Councilmember Lange to approve the first reading of the ordinance adding the right to bodily liberty for elephants to Chapter 4, Title 5 of the Ojai Municipal Code. The motion passed with one dissenting vote.
Councilmember Reports
- Councilmember Whitman reported on an upcoming ordinance from the Ojai Basin Groundwater Management Agency regarding drilling rights. Mayor Convery announced the Mountain Film Festival, the upcoming League of California Cities conference, and the raising of the International City of Peace flag. Mayor Pro Tem Francina noted a presentation on Surplus Land Act issues. Mayor Convery also reported on the development of a Mayor's Youth Council.
Future Agenda Items and Upcoming Meetings
- Staff indicated that the Alternative Transportation Plan (ATP) would be updated but not decided upon at the upcoming meeting, with Phase One plans under review by Caltrans. Staff committed to providing a status report on the ATP.
Parking and Street Paving Updates
- Staff confirmed that the current round of asphalt work is virtually complete, with remaining tasks expected within a week. Staff explained that additional change orders were necessary due to a lack of pre-bid field borings. Staff agreed to provide an update on the project status and the adopted Pavement Management Plan (PMP).
Tentative Agenda Items for the 26th
- Pro Tem Francina outlined tentative items for the upcoming meeting, pending finalization:
- Valley Parking Ordinance: Anticipated for discussion.
- Becker Product Development Agreement: A resolution is expected to remove this item from the ballot, as the developer has withdrawn the request.
- Homeless Issues: An item offering strategic options for the Council to consider and adopt.
- Rental Rate Disclosure: Could be scheduled for the current or next meeting.
Elephant Rights Ordinance
- Council Member Ruhl asked if the final reading on the elephant rights ordinance could be conducted. Pro Tem Francina confirmed the item was on the consent agenda. Staff noted that removing the item from consent to modify it would require restarting the legislative process. No motion to remove the item from consent was made.
Adjournment
- The meeting was adjourned.