City Council — 2023-10-10October 10, 2023

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BodyCity Council
MeetingRegular Meeting
Date📅 October 10, 2023

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Meeting Summary

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Present: Stix, Francina, Rule, Lang, Whitman

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At a glance

Ojai Day Event and Poster Competition

  • Staff announced Dennis Wood as the winner of the 2023 poster competition.
  • The upcoming event is scheduled for October 21st with road closures from 6 a.m. to 8 p.m.

Historic Preservation Commission Report

  • The appointment of a new commissioner was postponed to November due to a lack of eligible candidates.
  • Staff clarified that the "Structures of Merit" initiative is an independent code provision rather than a control mechanism.
  • Work continues on mapping the downtown historic district following the cancellation of the September meeting.

Valet Parking Ordinance

  • The Council discussed an ordinance limiting valet events to six per year to address commercial encroachment and mobility concerns.
  • Plaintiffs confirmed they would dismiss their lawsuit if the ordinance were adopted.
  • The Council passed a motion to approve the ordinance following a roll call vote.

Rescission of Development Agreement and Referendum Removal

  • The Council adopted a resolution to rescind approvals for four housing projects and remove the related referendum from the March 2024 ballot.
  • This action follows a developer request to withdraw the agreement and pursue projects individually.
  • The resolution directs the hiring of special counsel to provide advice on pending housing issues in a closed session.

City Manager Priority Updates

  • A recruitment firm has been hired to identify finalists for the City Manager position within a couple of months.
  • A $200,000 budget was authorized to supervise the City Hall campus encampment and improve living conditions.
  • The ATP project team was informed of the Council's preference to pursue Phase One using funds budgeted for both phases.
  • Discussions regarding a pickleball facility at Soule Park will proceed with an RFP and exploration of short-term locations.

Sterling Concerts at Libbey Park

  • Discussion addressed complaints regarding yellow tape restrictions on dancing implemented to prevent stage-rushing.
  • It was suggested that social media complaints be documented and forwarded to the City Manager.
  • No formal motion or vote was taken on this item.

Inclusionary Housing Ordinance

  • Council Member Whitman raised the topic of exploring an inclusionary housing ordinance.
  • The discussion acknowledged the complexity of the issue and the need to review practices in other cities.
  • No formal motion or vote was taken on this item.

Closed Session

  • The Council directed the hiring of special counsel to provide advice on pending housing projects in a closed session.

Full summary

Call to Order and Agenda Approval

  • The meeting was called to order with a quorum present. Following the Pledge of Allegiance and a land acknowledgment, the Council addressed the approval of the agenda. The Mayor requested to remove Item 2 (Historic Preservation Commission appointment) due to an applicant's absence. Council Member Whitman moved to also remove Item 3 (Development Agreement Rescission) to allow for further analysis. After discussion regarding the impact of removing items on public comment, a motion was made to approve the agenda with Items 2 and 3 removed. The motion was seconded and passed.

Presentation: Ojai Day Poster Competition and Event Update

  • Staff presented the 2023 Ojai Day poster competition submissions, announcing Dennis Wood's design, "Ojai Day," as the winner. Staff provided an update on the upcoming Ojai Day event scheduled for October 21st on Ojai Avenue, noting road closures from 6 a.m. to 8 p.m.

Commission Reports: Historic Preservation Commission (HPC)

  • Chair Aikens reported that the advertisement for a vacant commissioner position was published late, resulting in only four applications, two of which were ineligible due to residency requirements. One eligible resident candidate withdrew due to a family health issue, leading to a postponement of the appointment process to November. Chair Aikens clarified that the "Structures of Merit" initiative is an independent code provision and not a mechanism for the HPC to control properties. The September meeting was canceled, and work on the downtown historic district map continues.

Public Comment

  • The public comment period addressed multiple topics, including a recent Superior Court ruling on a SLAPP lawsuit involving Council Member Rule and the City Attorney. Speakers expressed relief at the ruling, which found no Brown Act violation by Council Member Rule but noted past violations by the Council. Comments also covered the conduct of Council members, the handling of closed sessions, and a recall petition against Council Member Whitman. A speaker read a poem criticizing the Council; the Mayor responded with a statement on civility. Council Member Rule moved to allow the speaker to respond, which was seconded and passed. Additional comments addressed the release of a closed session memorandum, the performance of the City Attorney, traffic management for Ojai Day, and the Chaparral project. The comment period was extended via a passed motion to allow remaining speakers to finish.

Consent Calendar

  • The Council addressed the consent calendar. A motion was made to approve the calendar with the exception of Item J. Public comment was received on Item E (Bank Reconciliations) and Item L. Staff clarified that Item E was an amendment to an existing contract to extend the work period for the annual audit, not a duplicate payment. Following discussion, the Council voted to approve consent calendar items A through I. The motion passed.

Item J: Valet Parking Ordinance

  • The Council discussed an ordinance regarding valet parking. Public comment included arguments that the ordinance was a response to a lawsuit threat and concerns regarding commercial encroachment, mobility-challenged individuals, and the democratic process. Council discussion focused on the ordinance's findings, a limit of six valet events per year, and the potential for future amendments. It was noted that plaintiffs confirmed they would dismiss their lawsuit if the ordinance were adopted. A motion was made to approve the ordinance, seconded, and passed following a roll call vote.

Item 3: Rescission of Development Agreement and Referendum Removal

  • The Council discussed a resolution to rescind the approval of a development agreement for four housing projects (Cottage Among the Flowers, Bungalows, World University, and 304 South Montgomery), rescind the general plan land use designation amendment for World University, and remove the related referendum from the March 2024 ballot. The request originated from the developer, who wished to withdraw the agreement and pursue projects individually. Staff noted that rescinding approvals would require separate hearings for individual applications in the future and highlighted the December deadline for ballot removal. Discussion included potential litigation risks regardless of the decision.
  • Initially, a motion was made to continue analysis and receive legal advice in a closed session before the statutory deadline. This motion was subsequently withdrawn. Council Member Harold then moved to amend the proposal, adopting a resolution to rescind Ordinance No. 934 and Resolution No. 2258, order the removal of the referendum from the ballot, and direct the hiring of special counsel on housing issues to provide advice in a closed session regarding pending housing projects. The motion was seconded and passed.

City Manager Update on Top Priority Items

  • The Interim City Manager provided updates on several priority items:
  • City Manager Recruitment: A recruitment firm has been hired, and the process is expected to yield finalists within a couple of months.
  • City Hall Campus and Encampment: A $200,000 budget was authorized to supervise the site, establish rules, and improve living conditions. Efforts are underway to identify a supervisor and secure interim housing through grants.
  • ATP Project: The Council's preference to pursue Phase One using funds budgeted for both phases was communicated to the project team. The California Transportation Commission retains final authority on scope changes.
  • Pickleball: Discussions with the County Supervisor indicated support for a project at Soule Park. The recommendation is to issue an RFP for the facility, with short-term location options being explored.
  • General Plan: Significant work remains, including the housing element, climate action plan, and tourism management analysis; the project is not yet ready for adoption.
  • Revenue Options: Any tax issue for the March ballot must be addressed immediately due to the 88-day deadline.
  • Capital Budget Fiscal Model: Quotes will be solicited from firms to develop this model.
  • Affordable Housing: Work continues on an affordable housing form in collaboration with the Gora Foundation.
  • Citywide Speed Limits: This initiative can proceed independently, though speed surveys may be required.
  • Fire Hardening and NIMS Training: Fire hardening requires immediate attention, and NIMS training is required for the Council and department heads.
  • Council Protocols Workshop: The workshop was reaffirmed to establish protocols, including an Ethics Commission and Code of Conduct.

Public Comment (Continued)

  • Additional public comment addressed the encampment at City Hall, with residents requesting faster action and offering to volunteer. Concerns were raised regarding moving the homeless population to Camp Comfort due to distance from services and safety risks. A resident praised the Interim City Manager's communication style. The Police Chief discussed noise complaints from the encampment, attributing behavior to mental health and substance issues, and reported increased patrols for youth vandalism.

Councilmember Reports and Future Agenda Items

  • Sanitary District: Council Member Lang commended the Sanitary District for completing a phosphorus reduction project under budget.
  • Film Society: Council Member Lang requested legacy dates for the Film Society. The City Manager noted that current dates are contracted but future dates can be reserved.
  • SB 649 (Housing Priority): Council Member Rule requested SB 649 be placed on the agenda with an educational component to prioritize Ojai residents and workers. The City Attorney noted that options for setting preferences will be included in future discussions.
  • Traffic Calming: Council Member Rule requested a survey of children to assess the need for speed humps. The City Manager noted that speed humps are being tested and placement is subject to engineering constraints.
  • School Board Committee: Council Member Rule proposed re-energizing a joint committee with the school board. The City Manager agreed to place the appointment of such a committee on a future agenda.
  • Complete Streets: Council Member Harold emphasized benchmarking traffic safety measures against the safety of children.

Sterling Concerts at Libbey Park

  • Discussion occurred regarding complaints about yellow tape preventing dancing at concerts at Libbey Park, which was implemented to prevent stage-rushing. It was suggested that social media complaints be documented and forwarded to the City Manager. No formal motion was made, and no vote was taken.

Inclusionary Housing Ordinance

  • Council Member Whitman raised the topic of exploring an inclusionary housing ordinance. The discussion acknowledged the complexity of the issue and the need to review options and practices in other cities. No formal motion was made, and no vote was taken.

Adjournment

  • The meeting was adjourned.