City Council — 2020-08-25August 25, 2020

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BodyCity Council
MeetingRegular Meeting
Date📅 August 25, 2020

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Meeting Summary

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At a glance

Clean Power Alliance (CPA) Presentation

  • Representatives detailed three renewable energy rate options, noting Ojai selected the 100% Green default.
  • The program has reduced local greenhouse gas emissions by over 5,000 metric tons in less than a year.
  • CPA announced a $1 million COVID-19 relief fund offering bill credits to eligible customers.

Lifetime Achievement in the Arts Award

  • The Arts Commission Chair presented the 2019 award to Gaye Jones for her contributions to theater.
  • Ms. Jones was selected unanimously for her excellence in directing, producing, writing, and teaching.
  • The recipient accepted the honor during a virtual presentation without a formal council vote.

Coronavirus Update

  • City Manager reported rising case counts in the area while hospitalizations and ICU admissions trended down.
  • State mandates remain in effect, requiring closures for indoor operations of restaurants and fitness centers.
  • The City issued 15 permits for expanded outdoor dining and reduced fees for outdoor exercise programs.

Resolution on Racial Injustice and Policing

  • Staff presented a resolution based on research of similar measures adopted by other cities.
  • The Council adopted the resolution standing against racial injustice and policing by unanimous acclamation.

Resolution on USPS Equipment Restoration and Funding

  • Council members moved to add a declaration urging the restoration of removed postal equipment.
  • Discussion focused on refining the resolution text to specify the bill name rather than a dollar amount.
  • The resolution passed by acclamation after the City Clerk confirmed the procedural requirements.

Ordinance Regulating Public Murals on Private Commercial Buildings

  • Staff presented a draft ordinance establishing a review process for murals visible from public rights-of-way.
  • Concerns were raised regarding liability, maintenance standards, and potential conflicts with First Amendment rights.
  • The Council voted to defer the ordinance to staff for revisions addressing the discussed issues.

Public Art Ordinance Amendments

  • Staff proposed amendments to streamline fee-in-lieu approvals by removing the requirement for final City Council approval.
  • The ordinance clarifies committee composition for projects without developers and sets a three-year eligibility window for artists.
  • The Council voted to find the ordinance exempt from CEQA and to introduce the amendments.

City Manager's Report

  • Staff reported increased compliance with gas-powered equipment prohibitions and short-term rental regulations.
  • A request was made to prepare an agenda item amending small cell regulations to restore aesthetic protections.
  • Staff agreed to provide a comprehensive report on the proposed removal of 680 trees in Stewart Canyon.

Closed Session

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

Full summary

Call to Order and Pledge of Allegiance

  • The meeting was called to order by Mayor Johnston, and a quorum was established. The Pledge of Allegiance was recited.

Approval of the Agenda

  • The agenda was presented for approval. No changes were requested, and the agenda was approved without objection.

Presentation: Clean Power Alliance (CPA)

  • Representatives from the Clean Power Alliance (CPA) provided an operational update regarding the City of Ojai. CPA, a joint powers authority serving 32 agencies in Southern California, purchases electricity for customers while Southern California Edison (SCE) manages transmission and distribution. Three rate options were described: "Lean Power" (36% renewable), "Clean Power" (50% renewable), and "100% Green" (100% renewable). Ojai has selected "100% Green" as its default rate. Financial assistance programs, including CARE, FERA, and Medical Baseline, allow enrolled customers to receive the 100% Green product at the base parity rate. The presentation noted that Ojai's participation has reduced greenhouse gas emissions by over 5,000 metric tons in less than a year. Council members requested clarification on the differences between CPA's program and SCE's Green Rate Program; CPA representatives explained that SCE's program is a capped, regulatory-mandated offering, whereas CPA's program has no cap and is central to its mission. Questions regarding upfront costs and reserves were addressed, with CPA explaining that reserves are necessary for creditworthiness and market access. Additionally, CPA announced a $1 million COVID-19 relief fund offering bill credits to customers who sign up for payment plans or assistance programs.

Consent Calendar

  • A motion was made to approve the consent calendar and was seconded. No objections were raised, and the consent calendar was approved.

Presentation: Lifetime Achievement in the Arts Award

  • Marcy Tosher, Chair of the Arts Commission, presented the 2019 Lifetime Achievement in the Arts Award to Gaye Jones. The award recognizes continuous artistic excellence, community involvement, established recognition, and residency in the Ojai Valley. Ms. Jones was selected unanimously by the Arts Commission for her contributions to theater, including directing, producing, writing, and teaching. The award was presented virtually, and Ms. Jones accepted the honor. No formal motion or vote was recorded for the presentation, as the recipient had been previously ratified by the Council.

Coronavirus Update

  • City Manager James provided an update on the coronavirus pandemic. Data indicated an increase in total cases in the Ojai zip code and Ventura County, though hospitalizations and ICU admissions were trending down. The county remained on the state watch list due to the case rate per 100,000 residents. State mandates requiring the closure of indoor operations for restaurants, fitness centers, worship services, and other non-essential sectors remained in effect. A mega testing site was opened at the Ventura County Fairgrounds, with turnaround times for results varying. The County Public Health Office began accepting waivers for in-person instruction, though no schools had submitted applications at the time of the meeting. The City issued 15 permits for expanded outdoor dining space and reduced the outdoor exercise program fee from $20 per class to $20 per week. A speaker listed for public comment on this item was unable to speak due to technical difficulties.

Resolution on Racial Injustice and Policing

  • Staff presented a resolution standing against racial injustice and policing, based on research of similar resolutions from other cities. A motion was made to approve the resolution and was seconded. The resolution was adopted unanimously by acclamation.

Resolution on USPS Equipment Restoration and Funding

  • Council Member Weirich requested a discussion regarding the removal of postal equipment and moved to add a declaration to the agenda item urging the restoration of the removed postal equipment in the interest of the community. The motion was seconded by Council Member Francina. Discussion included a request for clarification on the legislative reference regarding $25 billion in aid to the USPS. The discussion continued into the next agenda item, where the focus shifted to the wording of a resolution regarding the Postal Service Funding Bill. A suggestion was made to specify the bill by name rather than citing a specific dollar amount to ensure precision. The City Clerk confirmed the item could be passed by acclamation. No objections were raised, and the resolution passed by acclamation.

Ordinance Regulating Public Murals on Private Commercial Buildings

  • Staff presented an ordinance drafted in collaboration with the Arts Commission to regulate murals visible from the public right-of-way on private commercial property. The proposal establishes a review process involving a Public Art Jury and the Arts Commission. Discussion points included the distinction between murals and signs, confirmation that the ordinance applies only to commercial buildings, and the absence of a specific appeal process within the text. Staff clarified that the existing general appeal process in the municipal code applies but agreed to add a reference to this process within the ordinance. Concerns were raised regarding liability for property owners of existing murals, specifically concerning maintenance requirements and removal restrictions. Staff explained that existing murals would be subject to maintenance standards and removal restrictions, including potential artist rights. A suggestion was made to amend the text to clarify that removal restrictions apply only to murals approved under the new ordinance. Questions were also raised regarding potential conflicts between the City Manager and the Arts Commission regarding maintenance determinations and inspection authority, as well as the legal ability of the city to prohibit murals entirely versus regulating them. A member of the public expressed opposition to murals, citing concerns about community aesthetics and First Amendment rights, and requested a total prohibition. The Arts Commission Chair countered that the ordinance provides necessary oversight. A motion was made to defer the introduction of the ordinance to staff to incorporate revisions discussed during the meeting. The motion was seconded and passed, referring the item back to staff for further adjustments.

Public Art Ordinance Amendments

  • Staff presented an ordinance to modify the Public Art Ordinance to streamline the approval process for developers requesting to pay a fee in lieu of installing public art. The proposal allows the Public Art Committee and Arts Commission to approve fee-in-lieu requests without requiring final City Council approval. The ordinance also clarifies that if a project has no developer, the Arts Commission may select a member to fill the developer's seat on the Public Art Jury, and adds a time limit allowing artists to be eligible for new projects three years after the Arts Commission's approval of a project. A motion was made to find the ordinance exempt from CEQA and to introduce the ordinance to modify Article 2 as stipulated. The motion was seconded. A roll call vote was conducted, and the motion passed.

Council Reports

  • Council members noted an upcoming public meeting regarding the Active Transportation Project demonstration. Acknowledgment was given to the Economic Development Corporation and Chamber of Commerce for their support of the business community. The Mayor noted issues with caution tape and signage regarding reopened areas and requested staff monitor compliance.

City Manager's Report

  • Staff reported on the enforcement of the gas-powered equipment prohibition and short-term rental regulations, noting increased compliance and the issuance of citations. Regarding Ojai Day, staff reported a lack of vendor interest due to current challenges; a suggestion was made to retain the permit to close Ojai Avenue for a non-commercial, car-free community day, which staff agreed to explore. A request was made to place an item on the agenda to amend small cell regulations to restore aesthetic protections based on a recent Ninth Circuit ruling; staff agreed to prepare the item. A request was also made for a comprehensive report on the proposed removal of 680 trees in Stewart Canyon to address public concerns regarding climate mitigation and fire safety; staff agreed to provide the report for future discussion. Confirmation was given that sensors for the Active Transportation Project will be installed for a full four-week baseline data collection period prior to the demonstration project.

Adjournment

  • The chairperson invited final proposals, received none, and adjourned the meeting.