Meeting Summary
Present: Stix, Francina, 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
Interim City Manager Appointment
- The Council directed the Mayor and City Attorney to negotiate a contract for Carl Alameda as Interim City Manager.
- This appointment is subject to ratification at the December 12 regular meeting.
- The recruitment process for the permanent City Manager position remains ongoing.
Rent Disclosure Ordinance
- The Council approved the second reading of an ordinance requiring developers to disclose rent figures and affordability criteria.
- A friendly amendment was accepted to mandate a one-page worksheet for developers regarding applicant eligibility.
- Staff was directed to return with an affordable housing awareness and communication plan.
Local Preference Ordinance for Affordable Housing
- The Council approved an ordinance establishing a preference, rather than a requirement, for lower-income de-restricted housing.
- The ordinance creates a first-tier preference for residents facing displacement and a second-tier for former area residents.
- Developers will be required to submit an implementation plan for approval.
Appeal of Planning Commission Decision (401 East Topatopa Street)
- The Council denied the hardship exemption appeal for an all-electric construction requirement, upholding the Director's original denial.
- The Council voted to refund the $250 appeal fee paid by the appellant.
- Discussion highlighted the distinction between state solar exemptions and local financial hardship requirements.
Resolution Calling for Peace and an Immediate Ceasefire
- The Council received public comment urging specific language regarding the Israel-Palestine conflict versus a general global scope.
- Members discussed the potential for community division and the limitations of city authority on foreign policy.
- No vote was held; the Council reached a consensus to study the issue further and facilitate additional community engagement.
Closed Session
- The City Attorney reported on two matters discussed in closed session regarding public employee appointments.
- The Council directed the negotiation of a contract for the Interim City Manager position.
- Updates were provided on the ongoing recruitment process for the permanent City Manager.
Full summary
Closed Session Report
- The City Attorney reported on two matters discussed in closed session regarding public employee appointments. The Council directed the Mayor and City Attorney to negotiate a contract for Carl Alameda as Interim City Manager, subject to ratification at the December 12 regular meeting. The recruitment process for the permanent City Manager position remains ongoing, with further information to be provided as the process continues.
Public Comment
- The Council received public comments on various topics not on the agenda. Speakers addressed safety concerns regarding the downtown arcade area, requesting a coordinated solution involving public works and property owners. Other comments focused on the homeless encampment behind City Hall, citing issues with sanitation, safety hazards, and noise, with requests for increased public works services and enforcement of camping regulations. Several speakers addressed the conflict in the Middle East, specifically discussing the October 7 attacks and the need for a ceasefire resolution. One speaker advocated for a living wage ordinance as a long-term solution to homelessness.
Consent Calendar
- Items E (Adoption of a Rent Disclosure Ordinance) and F (Adoption of a Local Preference Ordinance for Affordable Housing) were removed from the consent calendar for separate discussion. A motion was made and seconded to approve the remaining items on the consent calendar. The motion passed.
Item E: Second Reading of Rent Disclosure Ordinance
- The Council discussed the second reading of an ordinance requiring developers to disclose specific rent figures and affordability criteria in written communications. Council members debated the ordinance's effectiveness in clarifying affordable housing definitions for residents versus the need for a broader educational plan. Concerns were raised regarding First Amendment implications and the complexity of the language. The City Attorney clarified that the ordinance regulates commercial speech and does not affect the validity of development permits.
- A motion was made to approve the second reading of the ordinance and to direct staff to return with an affordable housing awareness and communication plan. A friendly amendment was proposed and accepted to add a provision requiring the City Manager to develop and distribute a one-page worksheet for developers to provide to potential applicants regarding eligibility requirements. The motion, including the amendment, was made and seconded. The motion passed.
Item F: Local Preference Ordinance for Affordable Housing
- The Council discussed an ordinance creating a local preference, rather than a requirement, for lower-income de-restricted affordable housing. The City Attorney explained that the ordinance establishes a first-tier preference for applicants residing in the City of Ojai, the Ojai Sphere of Influence, or the Ojai Area of Interest who are facing displacement, and a second-tier preference for those who previously resided in the area. Developers would be required to submit an implementation plan for approval. A motion was made and seconded to approve the ordinance. The motion passed.
Item 2: Public Hearing – Appeal of Planning Commission Decision (401 East Topatopa Street)
- The Council held a public hearing regarding an appeal of a Planning Commission decision to uphold an exemption request for a single-family residence and ADU at 401 East Topatopa Street. The exemption request sought relief from the all-electric construction requirements of the Clean Energy Ordinance (formerly the REACH Code).
- Staff reported that the original exemption request was denied by the City Director in October 2022 based on the finding that while the property qualified for a solar exemption under state law due to shading, the applicant remained capable of installing solar for cost savings. The Planning Commission subsequently upheld the exemption request based on three factors: increased utility costs, the need for new housing units, and the protection of existing trees. The current appellant, the City Director, is seeking to overturn the Planning Commission's decision.
- The Council discussed the distinction between state solar exemptions and the local Clean Energy Ordinance hardship exemptions, noting that the local code requires proof of financial hardship or infeasibility, not cost-effectiveness relative to gas. The appellant requested and was granted an additional five minutes for their presentation. The property owner was also granted additional time to present their case.
- During the hearing, the appellant argued that the property owner failed to demonstrate tangible evidence of infeasibility or hardship, contending that the project is new construction on cleared ground making all-electric installation feasible. The appellant criticized the property owner's utility cost model as erroneous and noted that professional engineers recalculated the projected tenant surcharge significantly lower. The property owner responded by arguing that mature trees prevent sufficient solar exposure to make an all-electric system cost-effective and presented data indicating an additional monthly cost for tenants if forced to use all-electric appliances.
- The City Attorney explained the status of pending litigation regarding Reach Codes, specifically the California Restaurant Association v. City of Berkeley case, noting that while a Ninth Circuit panel ruled a similar ordinance was preempted by federal law, the case is pending rehearing and has not resulted in a final decision. The City Attorney stated that the "risk-free" choice would be to suspend enforcement pending the outcome of federal appeals, though deferring the decision might not be viable given the project's construction status.
- Public commenters were divided. Several speakers supported upholding the Community Development Director's denial, arguing that the Reach Code is essential for climate goals and that the builder's cost analysis was flawed. Other speakers supported granting the exemption, arguing that tree shading makes solar infeasible and that the all-electric mandate is financially burdensome for tenants.
- Following the hearing and discussion, two separate motions were made and voted upon regarding this item: 1. Motion to Deny Hardship Exemption: A motion was made to support the Community Development Director's decision to deny the hardship exemption appeal. The motion was seconded.
- Outcome: Passed.
- 2. Motion to Refund Appeal Fee: A motion was made to refund the $250 appeal fee paid by the appellant. The motion was seconded.
- Outcome: Passed.
Resolution Calling for Peace and an Immediate Ceasefire
- Staff presented a draft resolution calling for an immediate ceasefire in all areas of armed conflict worldwide, the release of hostages, and a commitment to combat racism and sectarianism. The resolution was drafted to be general in scope rather than specific to the conflict between Israel and Hamas, following consultations with community members and Jewish elders to ensure community safety and inclusivity.
- Public comment was received regarding the resolution's scope and language. Several speakers urged the council to amend the resolution to include specific language calling for an immediate ceasefire in Israel and Palestine, arguing that a generalized call for world peace was insufficient given the specific humanitarian crisis. Other speakers opposed the resolution in its current form and argued against passing any resolution on the matter, contending that the city council lacks the authority to make pronouncements on international conflicts and warning that doing so sets a dangerous precedent. Additional speakers suggested that the council pause the vote to allow for further community dialogue.
- Council members discussed the feedback received, noting the deep polarization within the community regarding the resolution. Members discussed the structural limitations of a city council in influencing foreign policy and the potential for the resolution to be divisive. No formal motion was made to pass, amend, or table the resolution. The council reached a consensus to study the issue further and to facilitate additional community engagement before proceeding with a vote. Consequently, no vote was held on the resolution, and no decision was reached to adopt or reject the document at this time.
Council Member Reports
- Animal Services: A council member reported on their role as liaison to Ventura County Animal Services, noting ongoing efforts to maintain a no-kill shelter status amidst challenges related to homelessness and housing shortages. The report highlighted the need for spay/neuter programs and adoption over purchasing from breeders.
- Tree Lighting Ceremony: A council member thanked community members and Jamie Fleming for organizing a successful tree lighting ceremony.
- Mayor's Youth Council: The Mayor reported on the first meeting of the Mayor's Youth Council, which included 21 students from five schools. The students expressed interest in climate change, mental health, social equity, and peace. Future meetings are planned with speakers from the Emergency Climate Committee, Seafrog, and the International City of Peace.
City Manager's Report
- Personnel: The City Manager reported on the successful recruitment for the Accountant I position, which was filled by internal applicant Scott Avila. Tim Jeffress, a temporary employee, was hired to fill the position previously held by Scott Avila.
- Homeless Services: The City Manager noted the adoption of a salary resolution that officially created the full-time classification of Homeless Services Coordinator, a role previously held part-time by Rick Raines.
- Encampment Management: Updates were provided on a pilot project involving fire-retardant tents for the encampment adjacent to the finance building. Work is underway to purchase these tents and relocate the encampment.
- Grant Funding: Progress was reported on the Encampment Resolution Funding Grant application, with a deadline of January 31.
- Trash Services: Increased trash service levels and the addition of collection points were implemented to address overflowing dumpsters and wind-blown trash at the City Hall campus.
- Special Meetings: The City Manager announced the need for special meetings in December to address specific issues, including a public meeting on December 18 regarding the Becker projects.
Future Agenda Items and Other Business
- City Council Stipend Cost of Living Increase: A council member reminded the body that a cost of living increase for the City Council stipend was a priority for the beginning of the year. It was confirmed that this item remains on the list and will be brought forward early in the new year. No motion was made.
- Renter Housing Protection Ordinance Amendment: A council member discussed an amendment regarding protections for council members who are renters, advocating for extending the timeframe to find new housing within their district from 30 days to a more reasonable duration. It was acknowledged that this item continues to be on the list for future consideration. No motion was made.
- E-Bike Regulations: A council member noted that e-bike regulations are being addressed by other cities and indicated that this topic will need to be discussed. No motion was made.
- Arcade Regulations: A council member referenced a 30-year-old issue regarding arcade regulations, noting that the council will need to address it. No motion was made.
- Safe Parking and Sleeping in Vehicles: A council member inquired about the legal status of sleeping in cars within city parking lots. It was stated that the city is not currently arresting individuals for sleeping in their cars in the City Hall parking lot. No motion was made.
Adjournment
- The session was adjourned.