MINUTES OJAI CITY COUNCIL AND OJAI REDEVELOPMENT AGENCY SUCCESSOR AGENCY FEBRUARY 9, 2016 Mayor Blatz called the special meeting of the Ojai City Council to order on Tuesday, February 9, 2016 at 7:15 p.m. in the Council Chambers of Ojai City Hall, 401 S. Ventura St., Ojai, California. ROLL CALL On the call of the roll the following Council Members reported present: Paul Blatz, Betsy Clapp, Randy Haney, Severo Lara and William Weirick. Also present were: City Manager Robert Clark, City Attorney Matthew Summers, Police Chief Dave Kenney, and City Clerk Rhonda Basore. ABSENCES — None. PLEDGE OF ALLEGIANCE — Council Member PRESENTATIONS 1.

2-1-1 — Interface Family and Children Services (Tanya Kellam, 2-1-1 Director)

2.

Rotary Club of Ojai — West (present funds the club collected for the Libbey Park Playground bricks) Presented a check for $24,445.

COMMISSION REPORTS Planning Commissioner Chair Rosalie Zabilla was present. Building Appeals Board Member Steve Quilici was present. PUBLIC COMMUNICATIONS John Winter, Los Arboles Town home resident, requested a portion of the sidewalk (30 yards) be completed in next to the Town Homes. He said the situation is dangerous. He has asked for this in the past. Mayor Blatz asked for staff to research this. Council Member Clapp asked that a report be brought back at the next meeting. Cindy Convery said at the last meeting Council Member Haney spoke about how he wanted better dialog. But the system in place does not support dialog. She said speakers are only allowed three minutes to speak and the Council is also limiting total public comments to thirty minutes. She said the City Council is ignoring the people's comments by discussing the use of Site 10 and 11 for an affordable housing project. In 1973 Ojai decided to accept ownership to the Libbey Park land with a stipulation that

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the land be used for park land and no other purpose. The Smith-Hobson family gave us a parcel of land for the use of the people not for an apartment complex. The deed states that the city may rent the property for public events. Not lease, not sell, not trade and may build upon a public building (restroom, community center). She said over 1,300 people have signed a petition opposing the attack on the deeds. They do not oppose affordable housing. She said there are plenty of infill places that could be used for smaller affordable housing projects. She said the people are prepared to take this to the polls if necessary. Anita Hendricks spoke on how difficult it is to find affordable housing in Ojai. Chris Gardner said for not having enforcement on transient rentals for six years has encouraged this business to happen. He believed the City Council needs to conside r the economic impact to the city. He said Council Member Haney asked an important question "Why was enforcement on this use susiended six years ago? He felt the City Council has not received input from all stakeholders and hoped this would be reconsidered in the future. Dennis Leary asked for the minutes of January 26 to be amended. He said "we should learn from our mistakes", not accept "defeat and let go of the bowl". He said he saw a man sweeping with a broom, which he thought was beautiful. He said he was depressed over the six foot concrete walls at the Topa Topa Winery project. He said next to that project is a white fence. He said what is more conducive to Ojai small character. He said at the last meeting the headline in the Ojai Valley News, "we suck" was shocking, but disagreed it was yellow journalism. He said if something like this is going to be discussed it should be agendized and noticed. He did believe the rental housing decision made at that last meeting was a mistake and at some time will need to be revisited. Julie Tumamait-Stenslie thanked the City Council and Cultural Resources Ad-hoc committee for their hard work. She said there is a lot of history in Ojai that needs to be monitored. Her goal is to educate people about cultural resources. She said her family has struggled with housing and it will be a tough issue to resolve Jack Patterson said "the California Medical Association believes the Adult Use of Marijuana Act is a comprehensive and thoughtfully constructed measure that will allow state officials to better protect public health by clarifying the role of physicians, controlling and regulating marijuana use by responsible adults and keeping it out of the hands of children," said Steve Larson, M.D., MPH, CMA president. He said the CMA has formally endorsed the ballot measure known as the Control, Regulate and Tax Adult Use of Marijuana Act. Joe Kyle presented information on Medical Marijuana distribution and asked the City Council to hold a public forum to gather information from the constituents. Dale Hanson asked the City Council to consider a ban on the declawing of cats. John Johnston opposed the use of gifted land for any projects. He said there are laws in the State of California that protect parks and open space land.

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Gillian McManis representing the Music Festival said the Music Festival was disappointed over the decision regarding the transient units. She said after her plea at past City Council meetings people reached out to her to offer their homes to help with accommodations. The Music Festival is asking the City Council to reconsider the impact that denying transient rental opportunities has on all the events in Ojai. REPORTS FROM COUNCIL MEMBERS Council Member Clapp asked for clarification on 30 day rental. City Attorney Matthew Summers said under State law legitimate rentals for 30 days are more are legal. If there are multiple rentals within a 30 day period is illegal and the City can and will enforce the law. Mayor pro tem Weirick said an unfortunate situation has happened. He said the Topa Topa Winery project was given the wrong zoning classification which has caused considerable stress and incurred extra costs to the developer. He asked if there was support to place on the next agenda waive and refund fees to the developer and any future fees. Council Member Lara supported this request. He asked for support to place on a future agenda support for the ban on declawing cats. Council Member Lara supported this request. Council Member Haney reported he attended the Ojai Basin Management Groundwater Agency meeting. He said the lake is at 42% and there is still a need to conserve water. Mayor Blatz said he also supported the request to place the Topa Topa Winery waiving of fees on the next agenda. CONSENT CALENDAR (Items la through 1h) Mayor Blatz indicated Item 1D was being pulled for further discussion. 1. a) Waiver of Reading in Full of Any and All Ordinances Listed on this Agenda and Provide that they be Read by Title Only and Directing the Clerk to Assign an Ordinance Number Upon Successful Introduction. b) Warrants for January 15, 2016 through January 28, 2016 in the amount of $161,536.97 ACTION: Authorized payment. c) Treasurer's Monthly Reports (September, August, July 2015) of Investments for the City of Ojai and the Redevelopment Agency Successor Agency ACTION: Received and filed. e) Minutes of the City Council regular and special meetings for January 12, 2016 Approved as submitted. ACTION:

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f) Minutes of the Planning Commission meeting for December 2 and November 18, 2015 ACTION: Informational only. g) Minutes of the Building Appeals Board meeting for September 8, 2015 ACTION: Informational only. h) Ojai Gran Fundo Bike Ride ACTION: Directed the City Manager to send a letter of support to Caltrans on behalf of the City of Ojai for the Ojai Gran Fundo Bike Ride and act as a cosponsor of the event. MOTION: It was moved by Council Member Lara, seconded by Council Member Haney to approved Consent Calendar Items 1A, 1C through 1H as submitted. On roll call the vote was: AYES: Blatz, Clapp, Haney, Lara, Weirick NOES: None ABSTAIN: None ABSENT: None d) Minutes of the City Council regular and special meetings for January 26, 2016 Mayor pro tern Weirick asked that the minutes be amended per Mr. Leary's request, page 1, last paragraph, last sentence to read "the city should learn from its mistakes and page 7, paragraph 7, to read "Council Member Lara asked if Council Member Haney supported " MOTION: It was moved by Council Member Haney, seconded by Council Member Lara to approve the amended minutes and special minutes for January 26, 2016. On roll call the vote was: AYES: Blatz, Clapp, Haney, Lara, Weirick NOES: None ABSTAIN: None ABSENT: None PUBLIC HEARING — NONE DISCUSSION ITEMS 2. Presentation of Housing Concepts by Peoples Self Help Housing, Inc. Judy Murphy and Bill Miley, Affordable Housing Committee and Peoples Self Help Housing, Inc. presented a concept about affordable housing in Ojai.

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Mayor Blatz asked if there was anyone wishing to speak on this item. Kathy Nolan said she supports affordable housing but values the community garden. Caroline Vondriska said it is not appropriate to use park land for development. She read the deed restrictions. She said Libbey Park is an integral part of Ojai and should be preserved as it is. Terri Wolfe, Executive Director for Help of Ojai, said Help of Ojai supports appropriately sited carefully considered affordable housing be made available to the citizens of Ojai. Help of Ojai remains neutral on this affordable housing proposal except for Site 10. To support any affordable housing project Help of Ojai would like a guarantee that current Ojai valley residents have first priority to occupy the units, the project is designated as affordable housing in perpetuity and any affordable housing be located near public transportation. She wanted to remind the City Council, Help of Ojai holds a 25 year lease, with 15 years remaining. One of the proposals overlays a significant portion of the leased portion. The proposed plan also recommends the use of the shared parking lot for access. The shared city parking is under a inclusive agreement with Help of Ojai until 2031 and therefore cannot be used for shared parking. The Help of Ojai serves a vulnerable group of residents. Taking all this into consideration, she said the Board of Directors and her cannot prudently offer sharing the property. She said once a site has been selected Help of Ojai would like to offer its advise and help. Mayor pro tern Weirick clarified Help of Ojai remained neutral on Site 11 and a combination of Site 10 and 11, but adverse to the use of Site 10. Ms. Wolfe said that is correct. Mayor Blatz asked staff to review the lease agreements and confirm the rules and regulations. Mary Toscher said the City needs to look at where the best place is for affordable housing in Ojai. Consider all the options, legally, logistics, environmentally, esthetically, economically and what is best for the community. She said the City is turning a deaf ear to the $50,000 planning consultant who heard the voices of the residents during the work shop meetings to preserve the rural small town nature of Ojai. The consultant offered wonderful ideas and a cohesive plan to beautify Ojai. She said the consultant stated Creek Road is a beautiful access into Ojai and he wouldn't change it. She said how would the consultant now feel to learn of the proposed housing project which will increase traffic and change the entrance into Ojai drastically. She said lets push this issue to rest. She said listen to the man constituents who do not want this project on public land. Barbara Snyder said affordable housing for the workforce should be a priority but not with large scale apartment buildings. Ms. Snyder read a letter from Mark Moreno which stated he wanted the gifted land protected and he hoped the City Council would reject any and all proposals.

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Carol Smith said Ojai has not built anything for 13 years. She said Ojai Unified School District is considering closing schools because of lack of enrollment. She said families are doubling up in homes because they cannot afford anything in Ojai. She necessarily did not support the sites chosen, but thought if People Self Help Housing were offering to do this only on these sites it would be a benefit to the city. Cassandra Marino said as a young person she played in Libbey Park and visited the beautiful community garden (Site 10). She said she is shocked and upset that the City Council would even consider using the public gifted land for an affordable housing project. She said the constituents are willing to take this to the polls. She asked the City Council to not allow this project to happen. Anita Hendricks spoke on the need for affordable housing. She spoke on people forced to rent places that are not up to code. She said people living in substandard conditions are afraid to complain in fear they will be evicted. With no affordable housing in Ojai, where can these people go for help. She suggested building smaller units for singles and senior citizens. Steve Sprinkle thought it was difficult to get gifted park land and the parks the city has should be protected. Ginny Rockefeller said she is Ojai's representative on Area Agency on Aging. She said the Area Agency on Aging is the source for senior information and assistance. She said the need for affordable housing is definite. Akka B (this is her last name) opposed the attempt to challenge the deeds on parcels 10 and 11. Ojai is one of the few places that people can still enjoy open space and nature. To reject the wishes of those that gifted this land is unethical and short side. She said the wishes of the Smith-Hobson family should be honored. She asked that the City Council not over develop Ojai. The open space behind city hall is beautiful and should not be developed. The City needs to listen to the majority. Mayor Blatz said Parcel 11 has no restrictions. He said neither of the parcels have been designated open space and by State law the city is required to provide affordable housing somewhere in the city. Dennis Leary said when he was homeless he spent much of his time staying on the land behind city hall. He found it to be a beautiful experience. He said if the City decides to use Site 10 or 11, construct one building that is owned and operated by the City. Julie Tumamait-Stenslie said by law the cultural resources process will be followed for any site decided upon. She said Site 10 is beautiful and research will need to be done to determine if there is anything historical on site. She was also concerned about the traffic increase on Creek Road if 40 or more units are constructed in the area. Sabrina Venskus said she represents "People Protecting Ojai's Public Land". She said after reviewing the proposals, property deeds, General Plan and other documents she felt this has been a waste of staff and Peoples Self Help time. She said any proposal to

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build on public land will be tied up in litigation for years. She said she is a strong advocate for affordable housing. She has never heard of cities proposing affordable housing developments on park land. She finds this shocking. She understands cities have to look at ways to provide affordable housing. She said there are ways to do this differently. She is willing to work on this to solve affordable housing problems. She does not support transient rentals as this is a scourge on providing affordable housing. Tom Francis said as an advocate for People Protecting Ojai's Public Land there is a concern about development happening on park land. He said the people want to keep public owned land in public trust to be used as park land. He said the overwhelming amount of people who signed the petition to preserve the park land should be noted. Betsy Patterson understood the need for affordable housing. She said priority should be given to those people that live and work in Ojai. She said people in Ojai support open space and park land and look at other sites for affordable housing projects. Robin Graham felt designating land in the Housing Element was misleading. She believed the parcels designated in the Housing Element were designated as such to satisfy the State's requirement to provide a certain number of affordable housing units. She said she is a proponent of affordable housing but believed just because land is designated does not mean a development will be approved for that site. City Attorney Matthew Summers said during the Housing Element approval process the City Council approved an inventory of available sites. In addition a smaller list was approved that were specifically designated higher density zoning appropriate for affordable housing projects. Sites 10 and 11 are on this list. He said that designation is not a commitment that any project would be constructed. Ms. Graham asked if land is not set aside to meet State requirements, what are the ramifications. Mr. Summers said the City Council could modify the Housing Element to not include Site 10 and 11. If the City does not designate sites, then the State can refuse to certify the Housing Element which could prevent the city from applying for grants, cause litigation and projects to be challenged, and a stipulation that the city's Housing Element be reviewed every four years instead of eight. Pat Essick said she supports the project. She has her concerns but sees the need for affordable housing. She said she appreciated every one working hard on this. Jerry Dunn said he has read the deed documents and wanted an explanation on how the City believes it can develop public land. City Attorney Matthew Summers said Site 11 has no restrictions. Site 10 states conveyance made upon the expressed condition of the interested party that the land be used by the Grantee (City) only for public purposes, including but not by way of limitations, the right to repair, remodel and/or demolish and construct for public purposes. The land cannot be sold or leased except for public events.

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This means the land can be used for public purposes and restriction on alienation. In general, alienation by State law is invalid and is disfavored. If the city wishes alienation can be lifted by a court order. This of course would lift certain restrictions on the land. Chris Hilgers said Site 10 is a great piece of property and it would be a mistake to not use it for anything else but for what the will of the people that gifted the property wanted it used for. Sue Williamson said the property behind city hall is a mess. She said it is full of homeless people, run down, and seems to be abandoned. She did not understand all of sudden it has become a park. She said Ojai is surrounded by open space and has huge parks within the city. She felt Peoples Self Help Housing proposal(s) are a good deal. She said she just rented to Section 8 people and they are wonderful people. She said they are the soul of Ojai. Steve Quilici said the city should develop Site 11 as there are not restrictions and leave Site 10 alone. He also suggested looking at land o 1 Bryant Street and Montgomery & Aliso. Andy Whitman said the amount of numbers the State is requiring be designated affordable does not work for Ojai. He said how are the restraints on water, air quality, and traffic going to be addressed if 40 plus units are built. He supported affordable housing if it were available only to low income people that work and live in Ojai in perpetuity. He said the City Council should honor the gift of land and not develop. Tom Bates said the density for Site 11 is too high. He said the traffic on Ventura is already dangerous. Bill Miley clarified neither parcel is designated as park land. Site 11 is owned by the City with no restrictions. He said the 1973 and 1993 Libbey Park Master Plans are historical documents only and have no standing in the General Plan. He said Evergreen Cottages were allowed to deteriorate and condemned by the City. Then Los Arboles condos were constructed. He said a portior of Site 10 has been leased, which sets a precedence. He said the proposal is to lease part of Site 10 for an affordable housing project. Dave Patrick asked why wasn't the surrounding neighbors notified of the zoning change that allows for higher density on Sites 10 and 11. There were no other speakers at this time. Mayor pro tern Weirick said the City by law has to submit a Housing Element to the State to be certified. He said the City Council held numerous meetings on its Housing Element that was submitted and certified. The Hous ng Element states the City will look at sites for affordable housing projects. He said the City Council is elected to do a job and take an oath to follow the laws of the State. He said as part of the law the State dictates the City look at sites for affordable housing. He said Site 10 is owned by the City and part of the City Civic Center complex. He said looking at sites does not mean

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anything will be constructed on those sites. The City's ownership of Site 10 makes it ideal for demonstration project and density for 55 units. The proposal tonight is much less. He said it is in the General Plan that the city consider sites for affordable housing projects. He said he takes offense to people stating the City is violating the General Plan and people's characterization of Peoples Self Help Housing as being greedy developers. He said Peoples Self Help Housing is one of the most recognized nonprofit organizations in working with cities on affordable housing projects. Council Member Haney said tonight was an opportunity for the community to have a dialog with the City Council regarding the affordable housing proposals. He said the City should follow up on speaking with Ms. Venskus regarding working on solutions. Council Member Lara thanked everyone for coming. He said there is a need for affordable housing that the City is trying to address. He said the City Council received good input tonight. Mayor Blatz said by law the City Council has to look at sites for affordable housing project. He welcomes proposals on affordable housing projects. He said currently People's Self Help Housing, Inc. has submitted proposals for Site 10 and 11. He said the City Council is obligated to consider. He said it has to be economical for the developer or the housing cannot be affordable. He said he is concerned if there is a need in the community for affordable housing and the community states they cannot give up anything. He felt this was selfish. He is not sure Site 10 and 11 are the right parcels, but he said there is a need. He puts people ahead of property. He prefers to see the affordable housing spread throughout the city, but that may not be feasible. He appreciated everyone that came tonight. He said the City Council have a lot to consider. MOTION: It was moved by Council Member Clapp, seconded by Mayor pro tern Weirck to continued Items 3, 4, 5, and 6 to a future City Council meeting. On roll call the vote was: AYES: Blatz, Clapp, Haney, Lara, Weirick NOES: None ABSENT: None ABSTAIN: None 3. Resolution Amending the Second Dwelling Compliance Guidelines ACTIONS: 1. Adopt the Resolution which amends the Second Dwelling Unit Compliance Guidelines to qualify units in the Public, Quasi-Public (PL) Zone and to clarify the lease term. 2. Consider the ACTIONs of the Building Appeals Board regarding extension of the deadline for making applications. 4. Potential Amendments to the Board and Commissioner Handbook ACTION: Discuss the Board and Commissioner Attendance and Appointment processes and provide direction to the City Manager regarding potential amendment of the Board and Commission Member Handbook.

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5. Council Representatives to County and Regional Boards, Libbey Bowl Committee, Council Committees; and Community Volunteer Groups ACTION: Review current assignments and determine appointments of Council representatives to County and Regional Boards. 6. Alignment of Expiration Date for Projects with Multiple Land Use Permits, e.g. both Conditional Use Permits and Design Review Permits, with Conflicting Expiration Dates ACTIONS: 1. Receive and consider staff report and any public comments; and 2. Direct staff to rfocess a zoning ordinance amendment via the Planning Commission and City Council that would align the time limits to exercise multiple permits to be the latest time limit of the land use entitlements required for the project. 7. City Clerk and Records Manager Vacancies City Manager Robert Clark presented the administrat ve report. City Clerk Rhonda Basore described some of the responsibilities of the position. MOTION: It was moved by Mayor pro tem Weirick, seconded by Council Member Lara directing staff to advertise the position of part time City Clerk to fill the remainder of the term of the current City Clerk; and initiate an open recruitment for Records Manager/Deputy City Clerk. On roll call the vote was: AYES: Blatz, Clapp, Haney, Lara, Weirick NOES: None ABSENT: None ABSTAIN: None The regular meeting of the City Council recessed at 10:48 p.m. and the regular Ojai Redevelopment Successor Agency meeting convened. Ojai Redevelopment Successor Agency (RDSA) CONSENT CALENDAR (Item 8a through 8b) 8.

a) Warrants for January 15, 2016 through January 28, 2016 in the amount of $182.64 ACTION: Authorized payments b) Minutes for the Redevelopment Successor Agency meetings of January 26 and 12, 2016. ACTION: Approved as submitted.

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MOTION: It was moved by Vice Chair Weirick, seconded by Board Member Lara to approve the Consent Calendar as submitted. On roll call the vote was: AYES: Blatz, Clapp, Haney, Lara, Weirick NOES: None ABSENT: None ABSTAIN: None DISCUSSION ITEMS — None. The regular meeting of the Ojai Successor Redevelopment Agency adjourned at 10:59 p.m. and the regular Ojai City Council meeting reconvened. ORAL REPORT(S) FROM CITY MANAGER CLOSED SESSION Public Employee Appointment (Gov. Code section 54957) Title: Records Manager/Deputy City Clerk Mayor Blatz announced direction was given to the City Manager regarding the position of Records Manager/Deputy City Clerk. ADJOURNMENT The meeting adjourned at 11:40 p.m.

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Respectfully submitted:

Appre51 by•

Rhonda K. Basore, City Clerk

Paul Blatz, Mayor

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