City Council — 2024-04-23April 23, 2024

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BodyCity Council
MeetingRegular Meeting
Date📅 April 23, 2024

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Meeting Summary

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At a glance

Five-Year Proposed Capital Improvement Program (CIP)

  • Staff presented a $43 million five-year plan covering 63 projects, including storm drain studies and facility improvements.
  • Recommendations included removing the Sarzotti Park multi-sport court, water park, and Bryant Industrial Area projects due to shifting priorities.
  • Council members requested further analysis on the Bryant Street project while supporting the removal of other specific items.
  • The Council directed staff to move forward with the proposed CIP for future adoption at a budget meeting.

Affordable Housing at 304 South Montgomery Street

  • Staff proposed a 15-unit, 100% deed-restricted affordable housing project utilizing a density bonus and Planned Development Permit.
  • Discussion addressed design features like native landscaping and oak preservation alongside concerns regarding proximity to an Edison substation.
  • Public comment expressed strong support for the project's alignment with regional housing needs and settlement agreements.
  • The Council unanimously approved the Design Review and Plan Development permits as recommended by staff.

Temporary Encampment at Kent Hall Parking Lot

  • Staff reported expending $50,000 to establish 17 tent platforms and requested ratification of these expenditures.
  • Authorization was sought to bid on 12 additional units to increase total capacity to 29 while awaiting long-term housing solutions.
  • An amendment was added to the motion to encourage volunteer participation in the construction bidding specifications.
  • The Council ratified the spending and delegated authority to the City Manager to contract with the lowest responsive bidder.

Active Transportation Program (ATP) Phase One

  • Staff requested an agreement extension with Avant Garde Incorporated to assist with bidding for dedicated bike lanes near Nordoff High School.
  • Concerns regarding emergency vehicle access were resolved with confirmation that the design meets Caltrans standards.
  • The Council approved the agreement extension, authorized bid solicitation, and accepted categorical environmental exemptions.
  • Project plans and specifications for the Maricopa Highway section were formally approved.

Short-Term Rental Ordinance Amendment

  • The Council debated amending enforcement provisions to remove the requirement for city consent before aggrieved parties file civil suits.
  • Discussion focused on balancing streamlined enforcement against potential staff burdens and risks of city involvement in private disputes.
  • A substitute motion requiring staff analysis prior to lawsuits was considered but ultimately not adopted.
  • The Council passed a motion to strike "with city consent" and replace it with a five-day prior notice requirement.

Closed Session

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

Full summary

Call to Order and Roll Call

  • The meeting was called to order by Mayor Stix. A roll call confirmed the presence of Mayor Stix, Mayor Pro Tem Whitman, and Council Members Ruhl, Lange, and Francina.

Approval of Agenda

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

Public Communications

  • The Council received public comments on items not on the agenda. Speakers addressed the following topics:
  • Plastic Bag Ordinance: A speaker urged the Council to address a loophole in Ordinance No. 817 regarding thick plastic bags, proposing clarification to include all plastic bags and encouraging reusable alternatives.
  • Rodenticides: Speakers advocated for banning rodenticides to protect wildlife and pets, proposing measures such as mandating covered trash cans, banning sales, and installing raptor boxes.
  • Homeless Encampment: Speakers representing "Better Solutions for Ojai" and other community members discussed the encampment at City Hall. Comments included gratitude for a recent grant award, concerns regarding impacts on nearby neighborhoods, and proposals for alternate sites, long-term housing solutions, and specific allocations for a "Tiny Home Village."
  • Roadway Safety: A speaker raised concerns regarding a roadway section related to the 33 proposal; the Mayor noted the item was scheduled for later discussion.
  • General Community Issues: Additional comments addressed support for City staff, the importance of Earth Day stewardship, and the need for community unity.

Consent Calendar

  • The Mayor moved to remove Item I from the consent calendar and place it at the end of the agenda due to scheduling constraints. A motion was made to approve the consent calendar with Item I removed and relocated. The motion was seconded and passed.

Five-Year Proposed Capital Improvement Program (CIP)

  • Staff presented a report on the Five-Year CIP, a planning document for projects exceeding $50,000. The plan includes 63 projects totaling approximately $43 million over five years, with Year One (Fiscal Year 2024-2025) containing 25 projects totaling approximately $8 million.
  • Project Details: Staff outlined new projects including storm drain studies, unhoused housing, and improvements to Libby Bowl and Kent Hall. Specific discussions covered bus shelter easements, a multi-year storm drain study, pickleball court phases, Kent Hall ADA improvements, rapid flashing beacons, and electric trolley infrastructure.
  • Recommendations for Removal: Staff recommended removing the multi-sport court at Sarzotti Park, the water park element, and the Bryant Industrial Area Improvement project due to shifting priorities and scope uncertainties. Staff also recommended removing the Grand Avenue bike lanes and Fox Canyon bike trail bridge items from the CIP to integrate them into future paving or corridor studies, and removing the speed survey item to reallocate resources to traffic enforcement.
  • Council Feedback: Council members expressed concerns regarding pedestrian safety on Bryant Street and requested further analysis on the Bryant project. Staff agreed to reconsider the Bryant project for potential rescoping or alternative discussions. Council members supported the removal of the multi-sport court and water park elements.
  • Motion and Vote: A motion was made to direct staff to move forward with the proposed five-year CIP for consideration and adoption at a future budget meeting. The motion was seconded and passed unanimously.

Design Review and Plan Development Permit for Affordable Housing at 304 South Montgomery Street

  • Staff presented a proposal for a 15-unit, 100% deed-restricted affordable housing project consisting of three buildings. The project utilizes a 35% density bonus and requires a Planned Development Permit (PDP) to exceed standard zoning limits. The design includes native landscaping, preservation of two oak trees, a central courtyard, reduced parking, and full electrification.
  • Discussion: Council discussion addressed alignment with a settlement agreement, rent ceilings, tenant preference policies, and Regional Housing Needs Allocation (RHNA) compliance. Concerns were raised regarding the site's proximity to an Edison substation and potential electromagnetic field (EMF) exposure; staff noted the design includes buffers and landscaping. Public comment expressed strong support for the project.
  • Motion and Vote: A motion was made to approve Design Review Permit DRP23009 and Plan Development Permit PDP24001 as recommended. The motion was seconded and passed unanimously.

Temporary Encampment at Kent Hall Parking Lot

  • Staff reported that $50,000 in spending authority had been expended to move campers from sensitive areas into the parking lot, resulting in 17 tent platforms. Staff requested ratification of these expenditures and authorization to proceed with a formal bidding process for 12 additional units, bringing total capacity to 29.
  • Discussion: Topics included the potential for volunteer labor in the bidding process, the timeline for long-term housing funded by a state grant, and fund tracking.
  • Motion and Vote: A motion was made to ratify the expenditures, direct staff to proceed with the bidding process for the remaining units, and delegate authority to the City Manager to contract with the lowest responsive bidder. An amendment was added to encourage volunteer participation in the bid specifications. The motion was seconded and passed.

Active Transportation Program (ATP) Phase One

  • Staff requested an extension of a professional services agreement with Avant Garde Incorporated, capped at $45,000, to assist with the bidding phase of the Maricopa Highway section, including dedicated bike lanes near Nordoff High School. Staff also requested authorization to solicit bids, accept Caltrans' categorical exemption from CEQA and NEPA, and approve project plans.
  • Discussion: Concerns regarding emergency vehicle and fire access were addressed, with staff and the City Attorney confirming the design is Caltrans-approved. Public comment inquired about right-of-way and easement issues, which staff confirmed were resolved for Phase One.
  • Motion and Vote: A motion was made to approve the agreement extension, authorize bid solicitation, accept environmental exemptions, and approve plans and specifications. The motion was seconded and passed.

Short-Term Rental Ordinance Amendment (Section 4-24.05, Subsection G)

  • The Council discussed an amendment to the enforcement provision of the Short-Term Rental Ordinance. The existing language required "city consent" before an aggrieved party could file a civil suit. The Mayor proposed striking "with city consent" and replacing it with a requirement for the aggrieved party to notify the city five days prior to filing suit.
  • Discussion: Council members debated the merits of maintaining city consent as a gatekeeper versus removing it to streamline the process. Concerns were raised regarding staff burden, the risk of city involvement in private disputes, and potential "lawfare." A substitute motion was proposed to require city staff to conduct an analysis of the complaint prior to a lawsuit being filed.
  • Motion and Vote: Following further discussion, the Council returned to the original motion to strike the words "with city consent." The motion was made by Mayor Pro Tem Whitman, seconded by Mayor Stix, and passed.

Council Member Reports

  • Mayor Stix provided a report congratulating Krotona on its centennial celebration and acknowledging the Art Center's production of "Deer" and the sold-out World Dance Festival. No other reports were submitted.

City Manager's Report

  • City Manager Ben Harvey reported no items to present.

Adjournment

  • The meeting was adjourned.