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Ojai City Council Minutes of the Regular Meeting of December 11, 2007, 7:30 pm

ROLL CALL
On a call of the roll the following Council Members reported present: Steve Olsen, Rae Hanstad, Sue Horgan, Joe DeVito, and Carol Smith. Also present were: City Manager, Jere Kersnar; City Attorney, Monte Widders; Ojai Chief of Police, Capt. Bruce Norris; Finance Director, Susie Mears, Acting Public Works Director, Mike Culver; City Planner, Katrina Schmidt; Redevelopment Manager, Kathy McCann; Planning and Redevelopment Consultant, Tom Figg; and City Clerk, Carlon Strobel.

PLEDGE OF ALLEGIANCE Mayor Pro Tem DeVito

INVOCATION Moment of Silence

PRESENTATIONS
a. Proclamation for the National Blood Donors Month.
b. Presentation State of the Utility System by Nancy Williams of Southern California Edison.

PUBLIC COMMUNICATIONS

Bill Miley, North Signal Street, read a “Season’s Greetings” to the City Council.

Dwayne Bower, President, Group Against Graffiti, presented an update on occurrences and removal of graffiti within the community.

Mayor Pro Tem DeVito invited members of the public to attend the Ventura County Transportation Commission, Unmet Transit Needs meeting on February 4, 2008 to express any concerns regarding perceived transportation needs within the County.

Ken Vaccio voiced objection to an inference that an increase of low income housing would directly increase graffiti activities.

Gloria Starks commented on graffiti in Los Angeles and stated that there was a direct connection between graffiti and low income housing.

1. CONSENT CALENDAR
a) Warrants for November 29, 2007 and Payroll Warrants for November 21, 2007 in the amount of $414,277.79.
RECOMMENDATION: Authorize payment.

b) Minutes of the Ojai City Council Meeting of November 27, 2007
RECOMMENDATION: Approve as submitted.

c) Reappointments to Planning Commission
RECOMMENDATION: Consider reappointment of Paul Crabtree, Steven Foster, and John Mirk to the Ojai Planning Commission.
MOTION: Council Member Hanstad moved and Council Member Horgan seconded to
approve the Consent Calendar as presented.
The result of the roll call vote:
AYES: Olsen, Hanstad, Horgan, DeVito, Smith
NOES: None
ABSTAIN: None
ABSENT: None

PUBLIC HEARING

2. Preliminary Housing Plan of the Housing Element Update

City Manager Kersnar presented an introduction into the preliminary Housing Plan of the Housing Element.

City Attorney Widders related that the Housing Element mandates reflect that the State of California deems housing to be a matter of state-wide concern. He commented that the State legislature adopted certain statutes requiring the City, among others, to adopt a new housing element every five years and noted that the housing element was the only element of the general plan which the State required updating on a regular basis. Mr.
Widders communicated that the housing element was a superior element among equals. He explained that no other element in the general plan could have a program which hindered or impeded the housing element’s goals for the production of housing. He emphasized that the focus was on whether or not local control would facilitate or impede the development of housing by others.

Mr. Widders reported that 80% of the 580 cities in California comply with and have certification from the State Department of Housing and Community Development (“HCD”); 13% did not comply or they have self-certified; and 7% were in discussions with HCD.

City Attorney Widders related that the City of Ojai received approval of its Housing Element in 2000, and with that approval exists a statutory presumption that the City’s Housing Element complied with State law.

Mr. Widders commented that the State developed a system for determining each jurisdiction’s fair share of regional housing needs; that fair share included all economic levels. He noted that the State does not mandate that the City build the number of units assessed in the Regional Housing Needs Assessment (RHNA) allocations, but that the City have programs and zoning in place to accommodate building their fair share.

In response to an inquiry from Council Member Hanstad, Mr. Widders stated that the General Plan for the City of Ojai was approved in 1997 or 1998. Regarding the proposed Housing Element, he noted that the environmental implications had not yet been studied.

Of the two Housing Elements prior to 2000, Council Member Hanstad asked if they were certified by the State. Mr. Widders responded that the Housing Element prior to 2000 was not certified by the State, the City self-certified the Element.

Planning and Redevelopment Consultant, Tom Figg, presented an overview of the proposed housing plan and the process of moving forward to submit the Housing Element to the State of California for certification.

Mayor Smith opened the public hearing.

The following persons spoke in support of the proposed preliminary Housing Plan of the Housing Element:
Dulanie LaBarre, Housing Task Force
Susan Weaver, Housing Element Task Force
Teresa Rooney, Housing Element Task Force

The following persons spoke in opposition to the proposed preliminary Housing Plan of the Housing Element and encouraged the Council to consider specific limitations on Ojai’s ability to accommodate substantial residential growth which would impact the health, safety and well being of the residents; and urged the Council to order environmental impact research on air quality, traffic demands, adequate water, sanitary, and sewer services prior to finalizing the Housing Element:
Kathy Broesamle, Thacher Road
Jim Jackson, McNell Road
Joyce Greene, Reeves Road
Bill Miley, North Signal Street
John Azevedo, North Ventura Street
Jim Ruch, Ojai Water Conservation District and Ojai Basin Groundwater Management Agency
Stan Greene, North Montgomery Street
Roderick Greene, Housing Element Task Force
Andrew Whitman, North Signal Street
John Broesamle, Thacher Road
Heidi Whitman, North Signal Street
Gloria Starks
“B” Dawson, Noah’s Apothecary

Council Comments

Council Member Olsen
Council Member Olsen observed that it seemed that the City had lost local control over housing within the City. He noted that housing was not a local issue or even a regional issue, but a State issue and a state-wide concern. Council Member Olsen stated that the City of Ojai must maintain control over its own destiny and accommodate affordable housing to the extent of it’s capacity as determined by resources and land use planning.
He opposed the idea of having a number which was fictional, even if it was a policy number and not an implementation number. Regarding the requirement of an environmental impact report, Council Member Olsen referred to Judge Johnson’s report which stated “It is a policy statement from which legislation may spring.” Council Member Olsen stated that there was some danger that a future council might take the Element at its word, but that did not make the Element itself an implementation document. He expressed concern that once in print it might become a document which
could be taken not only as policy but as implementation.

Council Member Olsen expressed astonishment that a project could qualify as affordable with only fifteen percent of the units actually being affordable. He believes the number of affordable units should be at least fifty percent and preferred sixth to seventy-five percent to quality a project as affordable.

Council Member Olsen recommended becoming more proactive with the League of
California Cities in challenging and changing the law to reflect fact not fictional RHNA numbers tied to actual resources.

Council Member Olsen stated that since the timeline was set for June of 2008 there would be time to conduct more workshops, gather additional information, and consider the Housing Plan more thoroughly.

Mayor Pro Tem DeVito
Mayor Pro Tem DeVito concurred that more meetings were required. He noted that it was important to let people know that the Council was listening to the public’s valid concerns.

Mayor Pro Tem DeVito made the following observations and recommendations: