Commission tables Mills Act ad hoc after city attorney flags potential conflict; commissioner to recuse from decisions

The Ojai Historic Preservation Commission voted to table its ad hoc on Mills Act and landmark incentives after staff reported the city attorney determined a potential conflict of interest for a sitting commissioner who owns a Mills Act property.

Commissioners discussed how to preserve the group’s access to property-owner expertise without creating a financial conflict. Staff told the commission the city attorney had advised that when the commission addresses Mills Act matters involving the commissioner’s property, that commissioner must recuse and leave the room. The commission voted to table the ad hoc while members obtain additional legal clarification.

Commissioner Levitt, who identified himself as a Mills Act property owner and said he had complied with his 10-year Mills Act plan, asked that the matter be clarified before a final determination. Other commissioners said the earlier, written submission the commissioner had made to staff raised personal issues that were outside the commission’s purview and were not appropriate for public agenda time.

Several commissioners said they want to retain Mills Act property owners’ technical knowledge because local experience with the program can be useful; staff suggested alternative ways to gather expertise such as interviewing other Mills Act owners or asking staff to collect third-party guidance so the commission can deliberate without creating a conflict.

Why it matters: The Mills Act is a state-authorized property tax contract used by California jurisdictions to incentivize preservation. Commissioners said they want to help property owners access incentives and to consider city steps that make landmarking and Mills Act enrollment more feasible, but they also said those efforts must follow conflict-of-interest rules and city attorney guidance.

The commission voted to table the Mills Act ad hoc and asked staff to obtain written guidance from the city attorney about whether a commissioner who is a Mills Act owner may provide technical background to ad hocs or must be treated as a member who must fully recuse from related deliberations. The commission also intends to prepare supplemental materials to submit to legal counsel for review.