BodyCity Council
MeetingRegular Meeting
Date📅 August 25, 2020

UnGovr Transcript

iHow this transcript is madeUnGovr transcribes the official recording with automated speech-to-text, separates speakers by voice, and matches voices to the seated roster. Names and attributions are AI estimates and may contain errors.Verify any quote yourself: click anywhere in the transcript and the official video jumps to that exact moment, so you can check any quote against the recording.
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Scheduled start 6:00 PM · clock-time estimates pending review

0:00 – 0:0011 turns

UnidentifiedUnidentified speaker 1Proposed0:00

Mayor Johnston?

GuestJohnny JohnstonProposed · by role0:01

Here.

UnidentifiedUnidentified speaker 1Proposed0:02

Mayor Pro Tem Blatz?

UnidentifiedUnidentified speaker 2Proposed0:04

Here.

UnidentifiedUnidentified speaker 1Proposed0:05

Council Member Francina? Here. Council Member Haney?

UnidentifiedUnidentified speaker 2Proposed0:11

Here

UnidentifiedUnidentified speaker 1Proposed0:11

Council Member Weirich?

GuestJohnny JohnstonProposed · by role0:13

Here

UnidentifiedUnidentified speaker 1Proposed0:14

And we'll fix this reverb one moment.

GuestJohnny JohnstonProposed · by role0:18

Sounds like a scary

UnidentifiedUnidentified speaker 1Proposed0:19

movie.

Pledge of Allegianceceremonial · click to expand
GuestJohnny JohnstonProposed · by role0:22

We have a quorum. The approval of the, pardon me, the Pledge of Allegiance. James you'll direct that from your end with the flag?

UnidentifiedUnidentified speaker 3Proposed0:32

Yeah.

GuestJohnny JohnstonProposed · by role0:33

Okay.

UnidentifiedUnidentified speaker 3Proposed0:34

Okay and hopefully you can see the flag there. Okay right hand over your heart ready begin

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation

Agenda Discussionitems moved / continued / pulled — click to expand
UnidentifiedUnidentified speaker 3Proposed0:49

under God indivisible with liberty and justice for all

GuestJohnny JohnstonProposed · by role0:54

thank you James Approval of the agenda. Are there any changes to the agenda that anyone would like to request? Hearing none, without objection, the agenda will be approved. Okay our first item is a presentation by the Clean Power Alliance and James who do we have, is it Karen Schmidt and uh that's going to do that or Matthew?

UnidentifiedUnidentified speaker 3Proposed1:25

Yes. And are they in the room? Okay yeah we're bringing them into the room now and it's gonna be Karen Schmidt and Matthew Langer.

GuestJohnny JohnstonProposed · by role1:36

And this is at the request originally of Councilman But all the council were interested in getting an update and be able to ask a few questions of policy. And comparisons with the private utilities. So if we're all on board, I don't know. Karen are you leading off or is it Matthew?

UnidentifiedUnidentified speaker 4Proposed2:05

I will be here and available to answer questions as needed.

GuestJohnny JohnstonProposed · by role2:13

Okay, you'll chime in and do it? Okay, good. Matt, the floor is yours.

UnidentifiedUnidentified speaker 5Proposed2:20

Great. And I think we had a presentation that someone was going to be able to share for us on the screen here.

UnidentifiedUnidentified speaker 3Proposed2:25

Yeah, we're queuing it up now. Here it is. Give me one second. Too many things open.

UnidentifiedUnidentified speaker 6Proposed2:37

It went away.

UnidentifiedUnidentified speaker 5Proposed2:39

Well, while you're getting started I'll just start by saying thanks for having us here to talk about Clean Power Alliance. Sorry I can't be there in person. I was just a little over a month ago able to visit Ojai for the first time and Karen showed me around because I think as most of you know Karen Schmidt who's our Regional Affairs Manager is also an Ojai resident so Beautiful town. Hope to make it back soon.

GuestJohnny JohnstonProposed · by role3:12

We hope we're all here in person the next time you get to come to

UnidentifiedUnidentified speaker 5Proposed3:14

town.

UnidentifiedUnidentified speaker 7Proposed3:17

Actually, we didn't know Karen lived here. I didn't know that. You didn't? No.

UnidentifiedUnidentified speaker 5Proposed3:22

I hope Karen didn't mind me sharing that. So...

UnidentifiedUnidentified speaker 4Proposed3:27

No, I live right here in the city near downtown.

UnidentifiedUnidentified speaker 5Proposed3:33

Great. Thanks everybody. It looks like we have the presentation up so I'll jump right in So who is Clean Power Alliance? Clean Power Alliance is a publicly formed entity through a joint powers authority. And we're made up of 32 public agencies across Southern California, including the city of Ojai and six other cities in Ventura County and unincorporated portions of Ventura County.

And then the rest of the members are scattered throughout Los Angeles County, including unincorporated LA County. But you can see all the different logos for the cities. When you have some time, it's fun to look through some of those. Next slide please.

UnidentifiedUnidentified speaker 2Proposed4:20

Sorry.

UnidentifiedUnidentified speaker 5Proposed4:22

No problem. Keeps jumping. Yeah. Okay. So there's just a map that kind of summarizes... You can see where the different member cities are or 32 members But we have a million customer accounts that we serve, representing about 3 million residents and businesses. And the city of Ojai itself has 3546 residential and commercial customers who we serve. Next slide please.

So I'll talk a little bit more about CCA in general coming up and how it works but you can see Really, basically back in the 2000s coming out of the energy crisis, the state created an option for cities to band together to procure their own power. The first group of cities to do that were in Marin County and so they formed Marin Clean Energy in 2010 and Sonoma Clean Power was the next one and kind of accelerated from there. Clean Power Alliance formed in 2018 and we started by serving Unincorporated LA County and two other cities in LA County. And then we began serving Ojai and the rest of the residential customers across 32 cities in 2019, February and May.

So we can go ahead and jump to the next one. You can see all over the state. So how does it work? So Clean Power Alliance as a local government entity, we purchase the power that actually serves your home. is delivered through the existing Edison infrastructure. And so the way it works is you still get one bill, Edison charges you for the electric distribution and transmission infrastructure and we charge you for the electricity and we make those purchases in the power markets.

We'll get into a little bit more about some of those details but that's just really the simple way it works. We're able to offer customers a unique Thank you. I want to start by saying that we have a very different energy mix compared to what Edison offers and that mix of energy will talk about the different choices you have, but important thing to emphasize is because it's communities getting together to decide what type of energy mix they want, that's going to look a lot different than Edison who serves 6 million customers across 40,000 square miles, We are run by our communities. We're able to have different product offerings that meet the needs of those communities.

The next slide, please. One too far. There we go. So speaking of the different product offerings we have Clean Air Alliance has three rate options And really the difference amongst the three is the price point and how much clean energy you get in each product. So we have lean, clean and 100% green. The Lean Power product provides 36 renewable energy, and it's designed to be really the value of product. So you're getting a little bit better, a little bit cleaner energy, a little higher renewable energy content than Southern California Edison, and you're getting a one to 2% discount compared to Edison's And that's what that product offers.

For our next product is clean power, that's 50% renewable energy. So that's definitely more than what SCE offers in their base product but it includes more renewable energy 50%. And then the last one is 100% green. That's all renewable energy as defined by California law, so it's the cleanest product that's available. And that comes at a seven to nine percent premium compared to the basic Edison rate and that's the default selection that Ojai has chosen.

So each one thing I'll note you know with our 32 members each city has the opportunity to choose the default for its jurisdiction. So you could choose for your city lean clean or 100% green We have different jurisdictions who have chosen each of those. But Ojai is in good company, we have about 10 of the jurisdictions who've chosen 100% green and so that's about 20 to 25 percent of our customers on 100% green power. Ojai is part of that like I said and that actually means that Clean Power Alliance serves more customers on 100% green energy than anywhere else in the country.

So it's pretty big It's a pretty big accomplishment early on for our organization and really great leadership at the local level with the number of communities who've made that choice. And really led, I'll just say led by Ventura County which is disproportionately at 100% green. Next slide please. So I'm gonna talk a little bit about our programs and what we do but one of the things I'll highlight is that there are programs available to to all customers that offer financial assistance for people in need. And when I say all customers, those are whether or not you're with Edison or Clean Power Alliance and we like to highlight these programs because not everybody knows that they exist and we also want to emphasize the point that even if you're a Clean Power Alliance customers, you don't lose access to those programs.

You get these same equal access. But I will say we do go a little bit further so I'll mention that but The first I'll mention is the California alternate rates for energy, and that is a 30% overall bill discount for customers. And it's based on meeting income qualifications or public assistance requirements. Similarly there's what we call FARA, the Family Electric Rate Assistance Program that provides a 12% discount. And again, that's essentially based on public assistance and income qualifications.

And the last one I'll mention is Medical Baseline, that's a program that's available for

0:10 – 0:189 turns

UnidentifiedUnidentified speaker 5Proposed10:49

folks who have certain electrically powered devices like ventilators for example or oxygen machines in their home and they have a certain amount of electricity must use you can get on medical baseline and that gives you a discount on what you pay for energy. So you do...

UnidentifiedUnidentified speaker 7Proposed11:11

Excuse me, are these programs ran through you? It looks like they're run through Southern California Edison.

UnidentifiedUnidentified speaker 5Proposed11:16

They're run for... You can stand outside. They're run through Southern California Edison. We do like to promote those programs though because they're available to our customers as well and they're a really great benefit. They're paid for by everybody and people who are eligible on these programs especially in tough times with everything that's going on with COVID and the economy we really want people to be aware of those Something we kind of jointly promote with SCE. So I want to highlight that. Another thing I'll mention, that's an important part of the 100% green program that Ohio has defaulted onto is that for customers who are in one of these programs they continue to pay the same price they paid before so they'll pay the same rate that they would pay if they were on Edison's basic product or our clean product So that parity pricing rate, but you still get their 100% green energy.

So that's a program we've added. We didn't want to put cities in a position where they had a trade-off between going green and putting an extra burden on their disadvantaged customers. And so we have this program built in where essentially you're able to get that 100% green product without paying the extra premium if you're in one of these programs. Next slide, please.

So let me talk about some of the accomplishments over the last couple of years. We've really done a lot for a new entity serving a million customers across the state and it would have been a lot I think just to get off the ground but we've gone a lot further than just getting started. Right now we're on track to meet California's mandates for renewable energy in 2020 10 years ahead of schedule. So essentially the state's requiring 60% renewables by 2030, we're going to have 60% renewables as a whole portfolio. Ojai is going to have 100%, but as a whole portfolio will be at or above 60% this year, 10 years ahead of schedule. Like I mentioned, we have about a quarter million customers receiving 100% green power that makes us the largest provider of 100% clean energy Thank you, Mr.

Chair. I want to start by saying that we are the largest producer of renewable energy in the country. We have signed 750 megawatts of new renewable energy and 288 megawatts of battery storage under long-term contracts with more coming. We will bring some more to our board for consideration next week but that is a lot of new construction We've also adopted a five-year local program strategic plan aimed at investing $200 million in community needs and priorities.

storage at people's homes and in businesses, and in communities. And those are things that we were piloting already. And some of those pilots were actually able to be deployed last week and the week before when we've had some strain on the grid just due to the heat and resource availability. We're already able to make a contribution by activating those programs.

We've also launched $150,000 community college STEM scholarship program So those are just a couple highlights of what we're doing. But you can see that, you know, couple of the big themes here are cleaner energy making a big impact for the environment through greening the grid and then also a big focus on community. And so there's a lot opportunities for customers to get involved and obviously as the council here, you have your own voice on our board because every member has a seat on the Clean Power Alliance Board of Directors.

Next slide, please. So let me talk a little bit about the impact of Ojai's 100% green power. So last year's Ojai residents and businesses purchased 23 million kilowatt hours of electricity from Clean Power Alliance. 95% of this was 100% green. That's all renewable energy carbon free with zero greenhouse gas emissions. The reason it's not 100% is because everyone who enrolls in Clean Power Alliance is defaulted into a certain rate, but can choose to opt to a different rate. So if the 100% green rate and the premium price that comes with it isn't right for particular customer, they can choose either our clean or lean product, the product that matches their individual values and choices and budget and all of those considerations.

But that's still huge percentage of community receiving 100% green power. By choosing 100% green power, Ojai has reduced its GHG emissions by more than 5,000 metric tons in less than one year. So it's pretty impressive. I know Ojai is a small community but it's a pretty big difference you've been able to make by not just being part of Clean Power Alliance but choosing to be at 100% green. This is equivalent to taking almost 1,100 passenger cars off the road for one year Eliminating electricity is consumed by 857 homes in one year. We're planting almost 84,000 trees and growing them for 10 years.

So if you think about like all the effort that could go into a lot of other ways to mitigate GHG emissions and I'm sure Ojai's focused on a lot of other things as well not just what we're doing with Clean Power Alliance but it's a pretty great way to make a big difference with one action.

not transcribed≈9s of audible speech the AI couldn’t make out▸ listen
GuestJohnny JohnstonProposed · by role17:23

Matt, can I ask you one question?

UnidentifiedUnidentified speaker 5Proposed17:25

Yeah absolutely.

GuestJohnny JohnstonProposed · by role17:26

On that last bullet point where you had the three are those when it says equivalent to are those additive or are those passenger cars or 857 homes or planting 83 000 trees? Karen can

UnidentifiedUnidentified speaker 5Proposed17:44

correct me if i'm wrong is I think it's either or any one of those things okay yeah just whatever resonates most with you

UnidentifiedUnidentified speaker 4Proposed17:51

That's right, this is based on the EPA calculator.

UnidentifiedUnidentified speaker 7Proposed17:55

Okay. I had one other question on this page too is so you're stating that we've reduced our emissions by 5,000 metric tons. Do you know what we started out with as far as our usage and how much tonnage we'd use in a year?

0:18 – 0:3224 turns

UnidentifiedUnidentified speaker 5Proposed18:18

That's a great question but so I think just Karen, if you have some notes on this. But I mean because you went from Edison's base product to zero like if we just ignore the 5% of people who are on something else basically it's like saying your total electric related emissions were about 5000 metric tons and now they're close to zero

UnidentifiedUnidentified speaker 7Proposed18:43

I would just, why I'm asking that is I just wonder how that would correlate into our air quality board. Our recess board and the numbers and the calculations that they use to predict what we're, what our air quality is on a annual basis. And I would just think this is just additional information that might be used or applied. That's all.

UnidentifiedUnidentified speaker 5Proposed19:04

Yeah. And we'd be happy to follow up with any more detailed information you need or anything that would help you with that. This is just isolating you know, when I'm talking about it which is electric sector electricity consumption related emissions. Obviously there's a lot of other emissions that happen in any community. That's

UnidentifiedUnidentified speaker 6Proposed19:25

not necessarily just Bill Warrick. Matthew have a question? Can I ask a question Matthew?

UnidentifiedUnidentified speaker 5Proposed19:32

Yeah by all means

UnidentifiedUnidentified speaker 6Proposed19:33

yeah these are savings for the This is an emissions overall as opposed to where the electricity is generated one way or another, correct?

not transcribed≈9s of audible speech the AI couldn’t make out▸ listen
UnidentifiedUnidentified speaker 5Proposed20:04

It

UnidentifiedUnidentified speaker 6Proposed20:05

could be a power plant that was substituted for solar farm out in the Mojave Desert, for example.

UnidentifiedUnidentified speaker 5Proposed20:11

Right, right. It's not necessarily that there is a power plant in Ojai that we shut down.

UnidentifiedUnidentified speaker 3Proposed20:17

Can I add just real quick to what I was thinking? I wanted to give some credit to the city and the City Council on this because I think from being part of the early discussions, Ohio was one of the first that did go 100% green power So I think the true impact is actually that we got some other cities that are much larger than us to also do the 100% clean power, which is exponential.

UnidentifiedUnidentified speaker 7Proposed20:45

Well- Yeah. Matthew, on top of this, there's a discussion going on right now in the community regarding looking at Greenhouse gas emissions as a countywide issue. And again, if we have six cities out of 10, if we can go back to any of those other cities or communities and clearly demonstrate the benefits of what we've done and what a lot of other cities are doing.

And we start looking at our communities and climate change, and all of this In a broader range and a broader spectrum, I think it's gonna be beneficial. Again we have as a county, we always have, I think there's a tendency just to protect our own rather than creating an environment where we're all in it. All 10 cities are in this together. And imagine the air quality changes that we could have if we all participated in this. And imagine all of the additional savings that we might have If we all participated in this. So there's a lot to be said about starting out and where we are, but where we need to go is important also. So I appreciate the facts and the information.

UnidentifiedUnidentified speaker 6Proposed22:12

I have a question for Matthew too, another one. Matthew, since we're talking about discussion in the community, I've gotten a lot of questions after what appears to be Edison's attempt counter your success with their publicity. And so now they're talking about 100% Renewable Edison as well in some of their publicity, and I might as well just ask you what is the difference between your 100% Renewable program and what Edison is calling its 100% Renewable program?

UnidentifiedUnidentified speaker 5Proposed22:52

Well, I'm glad you asked and I'll assure everyone else that question wasn't a plant If you want to go to the next slide. Okay, I'm sorry. That's the next slide. Great question thanks for asking. So yeah let me talk about that SC has something called the Green Rate Program and it's a bit different it's a little bit of an apples-and-oranges comparison with CPAs rate products but but I'll just acknowledge I know there's been a number of questions about this because we do an annual joint mailer with Southern California Edison And it's meant to be a comparison between our rate products and their rate products. And that's evolved over time, and it's a regulatory requirement that we have to do. In some ways it's informative to customers but in other ways it can be a little bit confusing.

So that's why we have this slide here to talk about that. And so I think just at a high level before I even jump into the slide, we have just a totally different model than what Edison is doing. All of its customers on the same default rate, regardless of what city they're in. And then they have these other, what I would describe as boutique rate offerings that are regulatory mandated programs that require them to buy renewable energy from certain sources and make those available to customers at a separate rate.

So that's one kind of way of doing things. What we're doing is, we're building our whole organization around providing greater levels of renewable energy to whole communities and then entire communities are moving on mass to our product. We're still offering choices so people can move amongst those products. People can also move back to Southern California Edison if that's what they prefer but it's just a different thing. Our rate offerings are available to all customers. You can move in and out of those programs Excuse me, in and out of those right products at any time.

And we're sourcing those from a diverse portfolio of resources that's really built to last. It's who we are. So that's just kind of a high level description of what the two programs are. So I'll talk a little bit about availability. So the way Edison's program is structured is they're buying solar power and they're selling you solar power for 50 or 100% of your usage But it's a limited program. They only procure, they're only allowed to procure up to 269 megawatts of solar energy for this program so once that program is subscribed it's done no one else can join.

To give you an idea I mentioned earlier we have about 250,000 customers in our 100% green program and we have no participation cap. So if everyone continued to, like we have some cities this year that are actually moving up to a hundred percent green in the fall, Sierra Madre and Malibu. If everyone eventually wanted to move to a hundred percent green, we would make that happen. Edison's limited in their program participation but the folks that we already have on our 100% green product line So if everyone just went back to Edison and wanted to stay 100% green, they'd break Edison's program. There wouldn't be enough power to supply that demand.

So current participation levels I mentioned that we have about a quarter million customers on 100% green. We also have another half a million or so on the clean power 50% renewable energy product. Between Edison's 50 and 100% rate they have 500 to 1,000 customers. So when I say it's a boutique program, you're talking about out of 6 million people they have maybe 1,000 people participating in those rates. So that's helpful to understand.

UnidentifiedUnidentified speaker 8Proposed26:48

Can I ask a question?

UnidentifiedUnidentified speaker 5Proposed26:50

Yeah, absolutely.

UnidentifiedUnidentified speaker 8Proposed26:51

Am I unmuted? I guess so. So Edison is a private company. You are Clean Power Alliance is a public company, correct?

UnidentifiedUnidentified speaker 5Proposed27:01

That's right.

UnidentifiedUnidentified speaker 8Proposed27:02

Okay, now can Edison, it almost seems like Edison's trying to confuse us with their rate. Can they legally change their rates and what appears to be more affordable? Can they change it to something else without notifying the customers that sign up for their green program? Can they change the rates of their Green Rate Program?

UnidentifiedUnidentified speaker 5Proposed27:29

They can change the rates and they do change the rates from time to time. And I'll talk a little bit about some of how that works, but I will say Edison's also heavily regulated by the Public Utilities Commission so I don't wanna imply anything sinister in what they do but it's very different than what we do and it's frankly pretty arcane. When we have a rate change, it's on the agenda at our board meeting Anyone these days can call into the board meeting or when we're not in COVID times, we have remote locations in Ventura County that people can come and participate in our public meetings. And these rates are discussed and we try to make them understandable and transparent.

The Edison's process kind of works through some complicated formulas and then it also goes through approval processes at the Public Utilities Commission in San Francisco It was just harder for people to participate. And if you go to the Public Utilities Commission, they're dealing with railroads and hot air balloons and all sorts of stuff. So it's a little bit different. But let me address the cost a little bit, and that might help answer your question as well.

So Edison has a formula for how they calculate the cost of their green rates. And it's based on procurement costs and marketing costs and a number of different things. That formula spits out rates, essentially. It's essentially cost-based for them and then they also pay the PCIA which you may have heard of if you've followed anything with Clean Power Alliance and CCAs over the last couple years but that's the exit fee for customers who leave the utility.

So interestingly if you stay with Edison but join their green rate, you pay the exit fee like you left Edison. And as we've experienced there's a lot of volatility in the PCIA So what happens with Edison's rates is you take your exit fee and you take your renewable rate, which varies a lot based on these inputs that Edison has in their procurement. And you end up with a rate.

Now, Edison doesn't make any promise or warranty as to how that rate is going to compare to their base rate. If you saw the mailer, one of the things for some of the rates that people got in the mailer it actually showed that their 100% green rate was less expensive than their regular rate. Which was I think confusing to some

UnidentifiedUnidentified speaker 4Proposed30:04

people.

UnidentifiedUnidentified speaker 5Proposed30:06

We've since then looked at the rates and that exit fee changed and now it's more expensive than their base rate. So it moves around they're not aiming for a particular price they're just turning the crank on a formula and a bunch of inputs What we're doing is, you know I talked about on our rate slide. We're offering 100% green energy at a seven to 9% premium over Edison's base rate.

So we're looking at if the exit fee goes up then we actually lower our prices a little bit so that we can maintain ourselves within that range that we talk about. So we're trying to give our customers some predictability about what those rates are gonna be What those rates are going to be in any given year and the rates are going to have some logical connection. So your 36% rate is a little less expensive than your 50% rate, and then you're 100% rate is the most expensive. And I think people like generally get why that makes sense.

We would like to see those premiums for like the premium 400% green come down over time but Right now, the fact of the matter is it costs more money to have 100% clean energy than to have dirtier energy.

UnidentifiedUnidentified speaker 7Proposed31:22

Matthew? Yeah. Another question is because you're using Southern California Edison's transmission lines for your energy, is it the state that's mandated a fixed cost on the use of those transmission lines or is that something that you had to negotiate and is that something that's not in the predictable cost methodology because of the uncertainty of that, or are you locked into a true rate for a long period of time?

UnidentifiedUnidentified speaker 5Proposed31:53

So basically the way it works is if you look at your bill, your Edison bill when you're a Clean Power Alliance customer. You'll have a page of your bill that's dedicated to what they call delivery charges. So that's the wires and poles and transformers and the workers who maintain all that stuff. Everyone pays the same rates for that, regardless of whether or not you're a CPA customer or an Edison customer. And so that is all right to your question. That is all regulated by this, by the public utilities commission and people are on equal footing when it comes to those transmission and distribution rates.

So we didn't have to negotiate anything special. It's all set up to kind of be plug and play from that perspective.

UnidentifiedCity ClerkProposed · by roll call32:38

Okay.

0:32 – 0:3918 turns

UnidentifiedUnidentified speaker 5Proposed32:43

Just a couple more points on this slide just comparing the two programs. Talk about financial viability for CPA, you know our 100% green power product is priced effectively so that we recover our costs and bring everybody what we've promised them according to Edison's filings and I can't answer many questions about this because I don't know all the details behind it but they said in their filings that Green rate programs are not recovering their costs.

So probably not a sustainable plan for the future if they're not recovering their costs for that program. And then as far as the future of the program, like I

GuestJohnny JohnstonProposed · by role33:23

said- Before you leave the last one, did I understand you to say that Edison says they're not recovering their costs for 100% green? Is that correct? That's

UnidentifiedUnidentified speaker 5Proposed33:37

what they said in their,

GuestJohnny JohnstonProposed · by role33:38

in their file. And so when most businesses do that is that sometimes classified as a loss leader?

UnidentifiedUnidentified speaker 5Proposed33:46

It is although I'll say when I talk about the program future, I say it's uncertain. Edison has said it not in the context of we want to run or a loss leader to complete compete with Clean Power Alliance. This program is essentially a regulatory mandate. They have to do it and they've They've at different times made the argument that maybe they shouldn't have to run these programs in their current form because, you know, they might be shifting costs to other customers or not recovering their cost. So yeah, you could call it a loss leader but I'll say that their perspective on this is a little different where they're going.

GuestJohnny JohnstonProposed · by role34:19

Maybe not by design but in effect selling for less than it costs them as a pretty poor for profit business strategy. Not a bad one to get people in the door okay?

UnidentifiedUnidentified speaker 5Proposed34:30

Yeah, well and but I guess it hasn't got that many people in the door because they have.

GuestJohnny JohnstonProposed · by role34:34

Right? But it raises the question that we have to compare to what 500 to 1000 customers and we've got 800,000. That's very educational. Thank you.

UnidentifiedUnidentified speaker 5Proposed34:46

Yeah, absolutely. So just finishing up this slide, whereas the future of Edison's program is uncertain, like I said before 100% green energy and our other rate products, they are who we are. They're why we exist. They're not going anywhere. I think if anything, you know, we're seeing a trend towards more people on 100% green product or people on that clean product.

And as the state moves to cleaner and cleaner over time at 50%, right? Someday is gonna go above 50% and be cleaner and cleaner there.

GuestJohnny JohnstonProposed · by role35:20

So onto the last slide. Okay, well thank you for the presentation. I guess now we'll go to the council and we'll start. Randy would you like to start? Do you have any questions you haven't had a chance to ask yet?

UnidentifiedUnidentified speaker 7Proposed35:32

No, thank you Mayor for putting this on the agenda though. But remember the reason that I brought it up was the fact that everyone in the community had received that flyer from Southern California Edison stating that they were equal to or better than Green Power. So it was great to bring Green Power on and let them explain away the differences. I come away with a lot more knowledge and a lot more insight As to the benefits of this. And again, I just would like to think about how we can share this county wide and let other entities realize that this is a win and it's just short term and long term win.

GuestJohnny JohnstonProposed · by role36:14

Thank you Bill.

UnidentifiedUnidentified speaker 6Proposed36:19

You're muted bill. In terms of the cost per whatever capacity unit is appropriate to state for battery storage, is that cost stable following going up? And are the economies of scale so pronounced for that you really can't distribute it. It has to be in large-scale installations?

UnidentifiedUnidentified speaker 5Proposed36:42

So the question's around just the cost of renewables and battery storage?

UnidentifiedUnidentified speaker 6Proposed36:46

Yeah, I mean there's obviously a fully amortized cost per capacity unit to battery life. There is installation costs. Is that cost going down per capacity unit for battery storage? Or is it stable? And also are the economies of scale so pronounced that it only makes sense in really large-scale operations as opposed to distributed operations where there'd be less transmission losses for using battery storage?

UnidentifiedUnidentified speaker 5Proposed37:17

Yeah, great question. So a couple of points on that. So first of all on the price we've seen over the last 10 years, the cost of renewables both wind and solar in particular but especially solar come down really dramatically 90-95%. We're also seeing the cost of... But I would say at this point it's somewhat more stable. At this point we're seeing trends of declining costs for energy storage as well but at least So far not quite as dramatically as what we saw for a few years with solar. So costs are coming down, it's definitely becoming more cost effective at the large scale.

There's also a place for local generation and storage both behind the customer meters so at people's homes and businesses and then just also built closer to load. And there are differences in costs and there's definitely economies of scale for the larger facilities, but that doesn't mean that it never makes sense to do the local stuff. And in fact we're really encouraging it because there can be a lot of value and In that case you're providing sometimes direct value to customers in terms of saving on their electric bill by having self-generation But then also benefits to the grid and benefits to other customers by having that generation so there's definitely a place for for both the distributed customer owned generation and storage alongside the larger scale generation that we procure.

UnidentifiedUnidentified speaker 6Proposed38:50

And that's sort of a developing story, okay?

GuestJohnny JohnstonProposed · by role38:53

Okay, Susan do you have any questions? You're muted, you're muted.

0:39 – 0:5220 turns

UnidentifiedUnidentified speaker 8Proposed39:04

I'm trying to keep my dogs quiet.

GuestJohnny JohnstonProposed · by role39:06

Okay, you did a good job. Oh, you're muted again.

UnidentifiedUnidentified speaker 8Proposed39:13

That's because I have nothing to say.

GuestJohnny JohnstonProposed · by role39:15

Okay, good. Thank you. Ryan, are you out there? Ryan,

UnidentifiedUnidentified speaker 9Proposed39:23

I was not trying to say anything.

GuestJohnny JohnstonProposed · by role39:25

Oh, okay. Well thank you. Okay well Matt I only have one question for you and it's I don't know if it's timely anymore but one of the big questions and criticisms that some people made going to the Clean Power Program versus a public nonprofit versus the utility privately owned was we as a utility pay dividends to our stockholders, we as the utility pay taxes and you guys don't. So if you're gonna do this, you should do it much cheaper but being on the board of the CPA I have learned that there are a lot of unforeseen upfront costs in transition.

Could you touch on any of those as to where the money went to start with and You know, we didn't just suddenly slash rates to be more cost competitive.

UnidentifiedUnidentified speaker 5Proposed40:26

Yeah great question and I'd say there's a lot of pieces to that but really yes getting started is a big undertaking building any new organization from scratch is going to have some upfront investment associated with it and one of the things that we have to do because we're operating in a commodity market for power is we need to build up reserves just like the city has reserves and really any other government agency, private entity in any operating entity.

And I didn't mention a thing on the chief operating officer at Clean Power Alliance inside. I worry about these things a lot getting our systems in place and all those different pieces. And one of the things we have to do is build up those reserves over time. And as we build up reserves it'll improve our credit worthiness And that will allow us access to lower price power. It'll free up money that we have posted in collateral for certain transactions and allow us to access more markets with even more cost effective power. I think we've done a great job of remaining competitive, but once we reach a certain point with our reserves and our financial position then we'll have that money that we've been plowing into reserves. We'll be able to either look at that for potential rate reduction, or we'll be able to invest that in our communities through energy-related programs in the future.

So those are some of the... That's probably the biggest top line consideration. But like I said, you know, I think we still managed to be competitive. We have our lean power product that is less costly than Edison for similar power content So we've been able to accomplish that so far, and 50% renewable energy product clean power where we're charging the same price as Edison but for more clean energy.

And certainly at this point there's a premium price for that 100% clean energy, but it's just been great to have that offering and it's been exciting to see a lot of customers and communities jump on board led by Ojai in a lot of ways. So those are a couple of the

GuestJohnny JohnstonProposed · by role42:36

considerations around. Okay, is there anything else you and Karen would like to add before we move on with our agenda?

UnidentifiedUnidentified speaker 5Proposed42:43

Yeah just one more thing that I would be remiss to mention which is we have a COVID relief fund. Our board of directors voted to establish $1 million and we have an option approved by the board to increase that fund. And so customers who sign up for a payment plan or customers who join the care program that I mentioned I just want to make a quick point about the CAREFARA programs that I mentioned on previous slide. They're eligible for a credit on their bill, just for signing up. So if you want to participate in one of those programs, I have the information on those previous slides. Hopefully that can be made available to the public. But actually, you can just call up Edison's 800 number. You sign up through Edison. They provide that information to us and we apply the credits directly on the bill.

We know it's really difficult times for a lot of folks with everything that's happening with COVID. And we want to be doing our part to help the community with that, and so I want to really point out that that's another benefit that Clean Power Alliance is offering to residents of Ojai and Ventura and LA counties.

GuestJohnny JohnstonProposed · by role43:51

Well, thank you very much for your time and for all the information that's good to know more about what it is we're doing. And also just to dispel the rumors that crop up I'm sure during an election season some of our members of the council are happy to have this kind of information to help them. So thank you all and we'll now

move to the next item on the agenda which I believe is what is it? Thanks

UnidentifiedUnidentified speaker 5Proposed44:16

for

GuestJohnny JohnstonProposed · by role44:16

having me appreciate it. Thank you Karen. Do we have, we don't have any people signed up on public communication but we've got several for some of the other items on the agenda. So let's go to the consent calendar. We have a motion to accept it or do you wish to pull anything from the consent? Move to approve. Second. Any objections? If not, so ordered. Okay let's go to discussion item number two presentation of the Lifetime Achievement Award from the Arts Council.

Is that Marcy?

UnidentifiedUnidentified speaker 3Proposed45:03

And I'll just introduce. Yeah, Marcy Tosher the chair of the Arts Commission is going to be doing the presentation. I'll just quickly introduce we do our lifetime achievement in the arts award each year for the city the Arts Commission. Vets several candidates and then makes a recommendation to council, and council ratifies that. And we did that this year and ratified a few a couple months back. We were holding out to do the presentation when things opened up again but it's been challenging so we decided to try to do an electronic presentation or virtual presentation here.

And I believe Marcy is on in the meeting let me confirm that yep i see her. I'm here Do you want me to pull up the presentation?

UnidentifiedUnidentified speaker 10Proposed45:54

I'll cue you when I want you to put it on.

UnidentifiedUnidentified speaker 3Proposed45:56

Okay, got it. All right and with that I'm handing it over to Chair Tosher from the Arts Commission

UnidentifiedUnidentified speaker 10Proposed46:02

Thank You James As James mentioned the Arts Commission voted unanimously selected Gaye Jones for the 2019 Lifetime Achievement in the Arts Award back in the good old days of 2019. We're finally able to officially present this award to Gaye, in the most unusual and unique way. And I want to personally thank Gaye for her utmost patience and understanding about the delay. Tonight, I am sorry that Gaye won't be able to experience all the smiles, congratulations, hugs, handshakes that she would have under normal circumstances But I urge all of Gay's friends, family and colleagues to reach out to her and offer congratulations as they deem appropriate. Here's a little bit about the Lifetime Achievement Award. The award was founded by the Arts Advisory Council now the Ojai Arts Commission in 1987 as an important tribute from the city council and citizens to Ojai artists who have enhanced our understanding and appreciation for the arts.

The criteria for the award include Proven continuous artistic excellence, demonstrated community involvement within the Ojai Valley. Established recognition within their field and residency within close proximity of the Ojai Valley. A recipient may be of any age. Gay now joins the accomplished prominent beloved ranks of previous award recipients. The recipients represent all facets of the art including visual arts, performing arts music architecture and supporters of the arts Beatrice Wood was the first recipient in 1987, and over the years has included such luminaries as Vivica and Otto Heine, Bert Collins, John Kemper, Bill Wagner, Peter Strauss, Sergio Aragonese, the OI Music Festival, Donna Granada, Kim Maxwell, Jim Clary and Roger Conrad.

Okay James if you wouldn't mind queuing up that PowerPoint? Okay, next slide. Next slide. Okay so I looked at Gay's resume these are a few things that were pulled from her resume you can read them but if we're to have included everything it's four pages long single-spaced Very impressive. And I don't think the mayor would be happy if I read the whole thing and kept you here all night, so leave it to someday maybe Gabe will show you but it's quite impressive and it's all about teaching and writing and love of theater and performing and really really wonderful.

Okay thank you next screen James okay this was a A production called A Year with a Frog and Toad, Gay directed this youth entertainment studio in conjunction with the Ojai Youth Entertainment Studio to the delight of audiences of all ages in 2015. This is a quote from Anna. I first met Gaye when my daughter Corey and my dad Trent and I were cast together in this production. She was the director of the show. We had the time of our lives with the help of Gaye to bring our characters, which included Toad, the snail with the male, and the great and terrible frog, then the whole story to life. There were also lifetime friendships that formed in that theater experience and others since. Gaye cares a great deal for creating opportunities for intergenerational theater in our community of Ojai.

This award is well deserved, thank you Gaye and thank you Ojai for honoring her. Next screen James, thank you. In 2017, Gay directed the hugely successful 25th Annual Putnam County Spelling Bee at the Ojai Arts Center Theater. Actress Denise Heller had this to say about Gay, quote, I had the honor of working with Gay in both The Addams Family and the 25th Annual Putnam Spelling Bee. Her ability to use multi-generations in her productions benefits everyone on so many levels. She is in constant education mode allowing us to learn something new in every one of her shows She is a pleasure to work with.

Next screen, thanks James. This is a picture of, what happened to It's A Wonderful Life? Oh well anyway this-

UnidentifiedUnidentified speaker 5Proposed50:48

Here it is.

UnidentifiedUnidentified speaker 10Proposed50:49

Okay. It's a wonderful life and this was actually an adapted live radio broadcast. Production of Frank Capra's film. That's a wonderful life quite unique and the audience played as The audience would be in a live radio show and then the next screen This is Alice in Wonderland, you can see where various participants are they're all different ages Gay not only teaches children but she works with adults and she blends them nicely together and in a single production as Anna Cotulla mentions. It's a wonderful talent to have.

So in short, Gaye Jones is a one-woman theatrical dynamo. We are blessed here at Ojai that she decided to make this valley her home and impart her love of theater and the performing arts to young and old alike through her directing Producing, writing, teaching and acting. Gay has contributed in innumerable ways to Ojai's theater scene. And I am most pleased and honored to present Gay with this award on behalf of the Ojai Arts Commission. Thank you. Thank

GuestJohnny JohnstonProposed · by role52:01

you Marcy.

0:52 – 1:0422 turns

UnidentifiedUnidentified speaker 3Proposed52:05

And with the miracle of technology, we have the award.

UnidentifiedUnidentified speaker 11Proposed52:10

It was delivered by Louise. Thank you. It was wonderful. Special delivery.

UnidentifiedUnidentified speaker 9Proposed52:16

More like last year so that's...

UnidentifiedUnidentified speaker 11Proposed52:21

It's absolutely gorgeous. I so thank you, hopefully I can say thank you Marcy for the nice introduction and I'm looking at some of those pictures in Wonderful Life little Kelsey Hoy was like six years old and she's going she's a freshman at UCLA this year We've been around a long time. It's never too late for all of you to join Ojai Art Center Theater, particularly my Sage to Stage class in which people of an older generation get to tell their life stories. So when it comes about I'll just circulate it around. I feel so blessed to be among all of the recipients of this award. It is just great and I honor and respect what you do at the City Council.

Please, when theater comes back come join us. I know many of you are frequent audience members and the art gallery at the Art Center but thank you so much and I really appreciate this lovely award. There it is. Thank you.

GuestJohnny JohnstonProposed · by role53:17

Congratulations Kay.

UnidentifiedUnidentified speaker 11Proposed53:19

Thank you.

GuestJohnny JohnstonProposed · by role53:20

Okay Mr. City Manager we are now to the response and update of the coronavirus What news do you have for us?

UnidentifiedUnidentified speaker 3Proposed53:32

Thank you and we have one last presentation. No more presentations after this, I promise but let me share my screen real quick. Okay. Okay, so we have a brief update today. We just wanted to give an update on some of the occurrences over the last month or so and the current statistics is what we'll start with. To help kind of show the trends and how things are progressing, we started doing this kind of snapshot every meeting. And we decided to start by showing just how the number of coronavirus cases in Ventura County and then particularly in the 93023 zip code have been progressing during this situation.

At the end of May, we had six cases in Ojai from the beginning. It's not six active cases but we had had six cases within Ojai at that time, 912 cases total. In June a month later, we had 14 cases in Ojai so pretty slow growth there with 2,100 cases total In July, it had gone from 14 to 29. So we're seeing this trend of maybe doubling every month or so within the 93023. Again not active cases but total cases and the total cases in the county had gone up to 4,600 with the largest that was in that surge period where we were seeing triple digit increases 300 to 400 increases on some days.

And then most recently, August 25th you'll see a couple of things which is that we're still seeing this 30 day double for the county. But one concerning thing here in Ojai is we did notice over this last month that there's been a bigger spike here in Ojai and also in Oakview. So it seems like it's the entire valley in the 93023 and 93022 zip codes than we had had before.

I think we're still an area that has had really good numbers so far and has really gone, I think everybody's gone above and beyond to try to mitigate the risk. But it's just something we are watching closely and trying to work with the county on to make sure that we're watching our numbers and not just the county numbers. So we did see an increase in total cases and in 93023 cases.

But the positive news is from the July 14th. There's fewer people in the ICU and fewer people hospitalized countywide, which is a good trend. And then the number of testing people tested is really, you know, keeps increasing pretty dramatically. So, you know, overall it's kind of mixed news. The county wide trend at this point is trending more positively. There's six key statistics that the state watches and the city had Or the county had uh spiked on all six of those and had landed on the state watch list which I think we've all talked about at past meetings. I think the most recent meeting we were on the watch list, which impacts the ability to open schools and things like that.

We are now back off of the or we're still on the watch list but on five of the six measurements we're back To a level that we would be off the watch list if we can get all six. So, we have one stat left to try to improve which is the case rate per 100,000 residents and so if we can get that number down we potentially could come off the watch list And that would impact our ability to reopen. So we're making progress countywide, we need to keep watching and doing our part here to prevent a spike I think the hard thing is we really have been an area that's done really well but it's also important to remember that all it takes is you know a couple of spreaders that aren't using face coverings or aren't exercising distance and all of a sudden we can see a big spike so we just need to keep doing our part And so just starting with kind of the overall statistics, the biggest regulations right now are the ones that had gone into effect July 13th right before our last council meeting.

And if you recall, it was that the state had ordered that all indoor operations of dine-in restaurants, movie theaters, family entertainment centers, zoos, museums, card rooms. We had to shut down fitness centers, worship services, protests, offices for nonessential sectors, personal care services, hair salons, barber shops and malls. All of those had to shut down indoor operations.

So that was still the last really big change and it's still in place at this point. And so we've been working hard over the last month to work with as many businesses You know, try to find ways for them to be open under these restrictions. So hopefully we can make progress and get past the point where we have those restrictions but those are still in place for the most part.

And then since then, just a few minor recent updates. There really wasn't much for the first time we had a month where there wasn't a lot of changes in this but on August 6th the state announced that youth sports could begin doing training and conditioning drills where there's no contact but there can't be games or contact activities at this point Which will tie in later when we talk about some of our recreation programs that we're working with.

And then August 13th, the county opened a mega COVID-19 testing site at the fairgrounds. There's been a lot of confusion about it because there was a pay testing site at the fairgrounds. So a lot of people still aren't using this testing site. They have short lines every day and they're trying to get the word out to get people there so the county's asked us to really help get the word out, so that's what we're doing right now is that on the 13th they opened up this mega testing site at the fairgrounds that is now available and later on in the presentation we'll have the hours and dates that they are open as well And then most recently, just last week the County Public Health Office announced that they are now accepting waivers for in-person instruction.

They aren't issuing the waivers yet but they're accepting applications from the schools because it's gonna take at least two weeks for them to review and approve. So once a school submits a waiver there will be this 14 day period before it gets approved and can reopen And as of now, my understanding is that there hasn't been anybody who's actually submitted one yet. So we're not in a position in the county where it looks like any schools are going to open up in person within the next two weeks but they're accepting applications so schools can apply to do that shortly thereafter.

UnidentifiedUnidentified speaker 8Proposed1:01:45

Can I ask a question James? Sure. Two questions, my usual question it just seems like the state has forgotten about parks and how that impacts all the children especially children that live in apartments and have housing with no yard and it just seems like if they're allowing Condition training and conditioning for no contact youth sports. You know, I just keep asking whenever you have an opportunity about parks. And then the other question, I did send Tiffany Morse programs about outdoor classrooms but she thought it was interesting but is there any indication that the schools while the weather's so nice could reopen Meeting certain conditions and such as having an instruction outdoors.

UnidentifiedUnidentified speaker 3Proposed1:02:38

Yeah I think they could, I think they'd still have to apply for the waiver. I think the way we required for any in-person instruction with like regardless of the location was my understanding but that's actually it. We're going to get to It on a different level when we're talking about the rec and the business programs were launching is the one blessing. We do have at Ojai that you try to imagine how some areas are going to handle this, but Ojai, we do have good weather year round where we have this luxury. I don't know how somewhere with snow is gonna have businesses open in January for example if this is still going on so.

UnidentifiedUnidentified speaker 8Proposed1:03:19

Oh, sorry.

UnidentifiedUnidentified speaker 3Proposed1:03:20

I went

UnidentifiedUnidentified speaker 8Proposed1:03:21

by the Presbyterian Church Sunday morning and they were all sitting underneath the trees far apart and it looked great! Yep.

UnidentifiedUnidentified speaker 3Proposed1:03:31

All the churches we've talked to have said they're going to do the outdoors for now and it seems like people are happy with it for now so...

UnidentifiedUnidentified speaker 8Proposed1:03:37

Yeah early in the morning is so nice.

UnidentifiedUnidentified speaker 3Proposed1:03:40

Yep yep.

GuestJohnny JohnstonProposed · by role1:03:43

That's where we're

UnidentifiedUnidentified speaker 8Proposed1:03:44

wired.

GuestJohnny JohnstonProposed · by role1:03:44

Okay does that conclude your We have a couple more slides. I thought the state had announced

UnidentifiedUnidentified speaker 6Proposed1:03:51

that they were going to drop the essential versus non-essential categorization on I remain confused about the descriptive integrity of what exactly is going on here. You know

not transcribed≈8s of audible speech the AI couldn’t make out▸ listen
not transcribed≈8s of audible speech the AI couldn’t make out▸ listen
UnidentifiedUnidentified speaker 11Proposed1:04:18

what

UnidentifiedUnidentified speaker 6Proposed1:04:19

I'm trying to say.

1:04 – 1:1325 turns

UnidentifiedUnidentified speaker 3Proposed1:04:34

For us, you know our interpretation of that here at the city is they've said for example that government offices are essential. You know and so we can be open for an office but you know maybe a you know, a real estate office or, you know, a corporate office. You know, people should be working from home is what they're saying, you know? But you're right that they said they weren't going to go with essential non-essential anymore and it keeps kind of sneaking back into

UnidentifiedUnidentified speaker 6Proposed1:05:03

their

UnidentifiedUnidentified speaker 3Proposed1:05:04

guidelines.

UnidentifiedUnidentified speaker 6Proposed1:05:06

You can look at a range of risks associated with different types of office configurations. Yep. And some are not very at all Some that are quote-unquote essential are very

UnidentifiedUnidentified speaker 3Proposed1:05:18

risky.

UnidentifiedUnidentified speaker 6Proposed1:05:20

Yeah, so

GuestJohnny JohnstonProposed · by role1:05:22

okay. Okay tomorrow at the elected officers briefing or the sheriff does Bill I think you submitted questions in the past that's a good one to submit tomorrow and see if we can get a better answer. James, is that all you have on that?

UnidentifiedUnidentified speaker 3Proposed1:05:41

A couple more. I'll keep it quick and brief though we just wanted to give the information on the that testing site at the fairgrounds again because they're saying that there's no lines and that they aren't seeing the crowds they expected so Which is good, but so no appointment or insurance is needed. It's open Monday through Friday from 9 a.m to 6 p.m. There are some additional drive up testing options and then it happened while we were dark for recess, but we had the council Had advocated for testing here in Ojai, and we worked with the county and got some testing dates with Ojai. So we had those two testing dates and we've reached out recently to see when the plan is to come back.

So we'll keep on that but for now the county is asking us to remind people to use the fairgrounds.

GuestJohnny JohnstonProposed · by role1:06:33

What what is the turnaround time on the results?

UnidentifiedUnidentified speaker 3Proposed1:06:36

You know we've heard some mixed results. It was supposed to be within, I think it was within seven days at that one. It wasn't as quick as we were hoping and uh we've gotten some calls from people who hadn't gotten results in that time period and we got them in contact with the right people at the county but we've heard that they had some challenges and there was also you know obviously long lines too which was a challenge

GuestJohnny JohnstonProposed · by role1:07:04

Randy you have had some experience with the tests.

UnidentifiedUnidentified speaker 7Proposed1:07:09

Mayor, the best results were here in town at the Ojai Community Hospital. We got our results back within 24 hours actually less than that and I've been through the Auctionard Plant is what I'll call it, but I've been there a couple of times. They're five to seven days and the drive through in Ventura was almost two weeks.

GuestJohnny JohnstonProposed · by role1:07:36

What is the cost at the

UnidentifiedUnidentified speaker 7Proposed1:07:37

hospital? There was no cost in any of

GuestJohnny JohnstonProposed · by role1:07:41

them. Really okay. Hey that's a good word to get out to the locals.

UnidentifiedUnidentified speaker 7Proposed1:07:46

Well I think I kind of got in on an emergency A moment, lack for a better term at the Ojai Valley Community Hospital. And so I think it was rare that I was allowed to be tested there. They're generally saving their tests for real emergencies and for staff. Symptomatic too.

GuestJohnny JohnstonProposed · by role1:08:12

Okay, so not readily available but it seems the testing is not going to be really effective if they can't get it down to at least within 24 hours probably even shorter than that. Okay, anything else on this topic.

UnidentifiedUnidentified speaker 3Proposed1:08:29

Yeah, I think this is the last slide we just wanted to give an update on. We have a bunch of programs in place. We use the opportunity to remind people in case they haven't heard, but also just as a status report. We've started to get more questions because people are talking about it at the state level as well, but about the residential and commercial eviction moratoriums We've said this a couple times, but as a reminder here in Ojai we wrote those to go to remain in place through the existence of the emergency. So a lot of cities and the state I think had put expiration dates on them that are now approaching.

Here at Ojai ours is in place still and copies are available on the OjaiCity.org COVID page The face covering, we're getting a lot more questions about this now about whether face covering requirements are in place. And they are in place and we also have code enforcement on the weekends going out and handing out informational flyers and reminding people that they see not wearing them asking them to put them back on and we have The signage as people come into town, as visitors come in on the weekends reminding everybody to wear face covering. So we're trying to get the word out on that still.

We have issued 15 permits to the businesses and restaurants for expanded outdoor space, which I think is actually 15 was more than we were expecting. I think that's a good ratio for how many businesses you have. So we have 15 permits now and we're working on one pending one, which is going to be kind of an interesting one where we're looking at utilizing a couple of parking spaces to do it. So we're working on that now And then lastly, our outdoor exercise program. We had the parts and rec commission meeting last week and they had said that they heard from a couple of instructors that the fee was was a little too high for them to handle at this point we had started with the reduced fee of $20 per class But we've got a good system down where it doesn't take much staff time.

So we worked with the commission to reduce that to $20 per week, and we saw really good response to that last week. A lot of the instructors were excited in adding more classes in. Before if they had four students in a class, it wasn't worth it because the cost But now they're able to add those classes in. So we saw an increase in those classes, and so far it's been really good. We haven't had any incidences or challenges with it. We have yoga. We have some martial arts. And I put in there solo by that. It's non-contact martial arts. And we did a rattlesnake avoidance training for dogs and a couple other things.

We're trying to launch them. And then next month, I think the big one for us will be we've figured out a way to do distance individual gymnastics drills where it'll be outdoors distanced and everything. And that one, we think there will be a big demand for so. So we keep trying to launch them. It's obviously challenging times, but we're seeing good response and we're trying to stay creative in ways that we can provide some options for businesses and residents. I

GuestJohnny JohnstonProposed · by role1:12:00

have a

UnidentifiedUnidentified speaker 3Proposed1:12:00

question

GuestJohnny JohnstonProposed · by role1:12:01

for you on the outdoor exercise. I think it said outdoor exercise in the park? Yes. Do we have some kind of a permit there to have some exercise on one of the tennis courts with music?

UnidentifiedUnidentified speaker 3Proposed1:12:14

So we have several permits there, we can make sure. We've had a couple of people who operated the classes and then we found out and they didn't have permits so we worked with them to get permitted. We're actively having people go out every couple days and make sure that the classes that are supposed to be there are there. And the main thing for us is we wanna make sure they have the protocols in place for social distancing, and we wanna make sure they have insurance to protect all of us. So those are really the two reasons we're pushing that.

GuestJohnny JohnstonProposed · by role1:12:48

The reason I raised the question is several evenings when I've been down downtown area, I don't know how it is out on the boulevard but on the bike path or walking through the park, the music is amplified or turned way up. I didn't know that was necessary to get the exercise but something worth mentioning to them because...

UnidentifiedUnidentified speaker 3Proposed1:13:10

Yeah we require them to explain whether they're going to use amplified music and how they're going to do it so we'll make sure that if they have a permit they're complying and if not we'll get them up to speed.

GuestJohnny JohnstonProposed · by role1:13:21

Okay is anything else for James on this one? HAB-Jacques Juilland, Moderator): i'm hearing any okay let's go to. HAB-Jacques Juilland, Moderator): Randy well yeah I guess ready item number for the resolution on racial injustice and policing as well as.

1:13 – 1:1829 turns

UnidentifiedUnidentified speaker 7Proposed1:13:47

Mayor, I know you called on me but I'd rather, I think James has the floor. Let's let him shine and I think we've all read it and I think we're all in agreement with it but let's let James have it. Yeah,

UnidentifiedUnidentified speaker 3Proposed1:14:02

I could give a very brief report is essentially at our last council meeting we had the update on police services and the City Council requested that we return The upcoming meeting with the resolution standing against racial injustice. So we, uh, you know, uh, staff research found, um, you know, Uh, several other, um resolutions that cities have done and took those in and we really then kind of I think it is very well written and move approval.

UnidentifiedUnidentified speaker 6Proposed1:15:01

I'll

UnidentifiedUnidentified speaker 7Proposed1:15:02

second it and it did get to the essence of what the discussion was in that moment. And thank you, James. Okay.

GuestJohnny JohnstonProposed · by role1:15:12

Further discussion? If not, do we need roll call on a resolution or can we do it by acclamation?

UnidentifiedCity ClerkProposed · by roll call1:15:22

Acclamation would be okay as there's no money on this resolution.

GuestJohnny JohnstonProposed · by role1:15:27

Is there any objection to the adoption of the resolution? If not, it passes unanimously. Thanks very much to the staff for putting that together for us. Okay we are now on-

UnidentifiedUnidentified speaker 3Proposed1:15:37

Mayor can I interrupt real quick? This deputy clerk just informed me that we do have one speaker on the coronavirus item. It's Marcy Tosher.

GuestJohnny JohnstonProposed · by role1:15:51

Oh can we Okay, we'll go back to that then yeah fine.

UnidentifiedUnidentified speaker 3Proposed1:15:55

Yeah and I don't know Marcy if you can hear us? I see her camera is on but the audio is off.

GuestJohnny JohnstonProposed · by role1:16:04

Marcy can you hear us? If you can you're on deck.

UnidentifiedUnidentified speaker 6Proposed1:16:10

You see Christine has joined us.

UnidentifiedUnidentified speaker 12Proposed1:16:13

Am I on? I don' tsee myself. Can you hear me? Here

UnidentifiedUnidentified speaker 3Proposed1:16:18

you go we don't see you. Okay, well we could always come back around when Morse comes back on. We didn't take any action on that. Marcy is muted. Yeah she had put in for that item I don't

UnidentifiedUnidentified speaker 12Proposed1:16:31

think that Marcy knew she was going to be asked to do anything other than the presentation

UnidentifiedUnidentified speaker 3Proposed1:16:36

okay all right cool all right we might yeah we may have just maybe we checked the wrong box when when we signed up so

GuestJohnny JohnstonProposed · by role1:16:43

okay anybody else out there that like to speak on number three if not Okay, item number four has passed unanimously. We're now on discussion item number five.

UnidentifiedUnidentified speaker 2Proposed1:16:56

I

GuestJohnny JohnstonProposed · by role1:16:59

was one that requested to put this on the agenda and I had asked the city manager there's one declaration that I would hope we could add to this which is that the postal equipment that was removed be restored not that it necessarily will get restored but In the interest of our community, we should at least ask for it. And I will so move. Is there a second to that?

UnidentifiedUnidentified speaker 8Proposed1:17:30

I'll second.

GuestJohnny JohnstonProposed · by role1:17:32

Moved and seconded. Discussion is now open.

UnidentifiedUnidentified speaker 6Proposed1:17:35

Bill? May I ask a question? Yeah. Just on general principle, you know, I'm kind of a stickler for certain things like When there's a statement and a resolution knowing exactly what it refers to. I have to admit, I'm pleading ignorance. I'm not sure exactly what section three refers to on the urging US Congress to pass legislation approving $25 billion in aid of the USPS.

What exact is that the house version that passed? Is that what that is?

UnidentifiedUnidentified speaker 3Proposed1:18:11

I believe it was the House version that passed. We wrote this the day that it passed, which I think was Friday or Thursday of last week? So that's what we're referring to. Yeah, it's the Postal Service Funding Bill.

UnidentifiedUnidentified speaker 6Proposed1:18:25

That is the Postal Service Funding Bill?

UnidentifiedUnidentified speaker 3Proposed1:18:28

Yes.

UnidentifiedUnidentified speaker 6Proposed1:18:30

Okay. In order to be precise Should we maybe consider, instead of saying approving $25 billion, say approving the Postal Service Funding Bill?

UnidentifiedUnidentified speaker 2Proposed1:18:41

Yeah. We could do that.

UnidentifiedUnidentified speaker 6Proposed1:18:43

OK. Just a suggestion.

UnidentifiedUnidentified speaker 7Proposed1:18:47

Yeah. What's a couple billion amongst friends?

1:18 – 1:3366 turns

UnidentifiedUnidentified speaker 6Proposed1:18:53

To be specific about what we're actually supporting.

UnidentifiedUnidentified speaker 7Proposed1:18:55

I agree with you, Bill.

GuestJohnny JohnstonProposed · by role1:18:56

OK When you think of the kind of money that's been scattered around, that's not a bad place to put it. Even a couple of billion amongst friends so we'll see any other questions? Okay this isn't spending money but it's talking about money. Matt do we need a roll call or can we do this by acclimation?

UnidentifiedCity ClerkProposed · by roll call1:19:23

This too would be okay by acclimation.

GuestJohnny JohnstonProposed · by role1:19:26

Is there any objection? Not hearing any, okay. The resolution passes by acclamation. Okay guys we're now on item number six and I have two cards after the staff makes the introduction of the item. I am Bill Miley and Christine Golden that would like to comment and this is on the mural. James did you like to start?

UnidentifiedUnidentified speaker 3Proposed1:19:53

Yes please. Just briefly, at the September 24th 2019 City Council meeting which is crazy that was almost a year ago. The September 24th council meeting the city council received a mural term sheet that had been drafted by the arts commission And received that term sheet and directed staff to draft an ordinance, and work with the Arts Commission to return at a future meeting for adoption. So we are here now somehow 11 months later with that ordinance.

And we have worked with the Arts Commission and had discussed this item at several commission meetings. I think up front, I wanted to point out because it's always been a question that we've been asked. Currently the city code does not include any regulation of murals directly and so it regulates painted wall signs But focuses on the term signs and text and things like that. So it doesn't regulate, it doesn't appear to regulate artistic murals in any way.

And so the conversation came up about a year ago with if a resident came to City Hall today and asked if they could paint a mural on private commercial property under the existing code, what could the city do about it? And you know, under the current code there's not much that we can do about it. And so that's how this item started. We worked with the Arts Commission to develop the term sheet and ordinance to try to provide some city review of murals.

We based it on the Ventura County Ordinance and Riverside mural ordinances, and then we took those and worked with them, worked with the commission to kind of fine tune it for Ojai. The ordinance attached is what was developed, which created a process for a property owner to submit an application for review by a public art jury. And the public art jury would then be able to approve or deny based on the findings identified in the ordinance.

UnidentifiedUnidentified speaker 2Proposed1:22:16

Which include

UnidentifiedUnidentified speaker 3Proposed1:22:18

a few things such as whether the artist is qualified, whether the art and architecture are appropriate, whether materials are appropriate and some other findings. It also establishes some processes just to modify or remove murals as needed or for maintenance and upkeep of murals. And the chair of the Public Art Committee, Christine Golden is also on this Zoom meeting.

She was one of the arts commissioners who spearheaded this project and so she's also available for any questions.

UnidentifiedUnidentified speaker 6Proposed1:22:53

Okay I wish we could see Christine's inspiring message.

UnidentifiedUnidentified speaker 12Proposed1:22:59

I don't know why you can't see me? Is there some little trick i can do here?

UnidentifiedUnidentified speaker 3Proposed1:23:03

Click video! Yeah, there might be a little video button.

UnidentifiedUnidentified speaker 12Proposed1:23:08

Lower left. Where would I find that video? Next

UnidentifiedUnidentified speaker 3Proposed1:23:12

to

UnidentifiedUnidentified speaker 12Proposed1:23:13

mute.

UnidentifiedUnidentified speaker 3Proposed1:23:14

Bottom left next to mute it'll say like stop video or start

UnidentifiedUnidentified speaker 12Proposed1:23:17

video. Start video here we go there i am. There you are! Okay. I was watching Melania Trump on YouTube while you guys were doing everything else, so I had it on mute.

UnidentifiedUnidentified speaker 8Proposed1:23:38

Sorry. I have a question James. Can I ask it? Yeah. On the recommendation, it says introduce, at the top of the first page, introduce an ordinance regulating the placement of public murals on private comma commercial buildings Now you're not, don't you mean private commercial buildings? You're not talking about private homes.

UnidentifiedUnidentified speaker 3Proposed1:24:06

No you're right yeah we can I think you're right it would be clear to remove that comma and it's when we say public murals we're talking about murals visible from the public right-of-way essentially murals visible by the public that have been placed on private commercial buildings

UnidentifiedUnidentified speaker 8Proposed1:24:24

okay but someone can put a mural in their backyard, you know where nobody the public doesn't see it.

UnidentifiedUnidentified speaker 3Proposed1:24:34

Or inside their house, you know.

UnidentifiedUnidentified speaker 8Proposed1:24:36

The

UnidentifiedUnidentified speaker 5Proposed1:24:37

proposed

UnidentifiedCity ClerkProposed · by roll call1:24:40

ordinance does not regulate conduct or artistic murals on any residential property outright.

UnidentifiedUnidentified speaker 6Proposed1:24:47

Mayor Johnston I had a question. Go ahead. Christine, I think this is a question for you or maybe everyone. The general principle we usually see embedded in our code is that commission decisions are not necessarily totally final. There's usually an appeal process to council embedded in the code and I noticed that in this case there is no appeal process available for the decision of the public art jury.

GuestJohnny JohnstonProposed · by role1:25:30

Okay,

UnidentifiedUnidentified speaker 6Proposed1:25:30

Matt you

GuestJohnny JohnstonProposed · by role1:25:31

had

UnidentifiedUnidentified speaker 6Proposed1:25:31

your

UnidentifiedCity ClerkProposed · by roll call1:25:33

hand

UnidentifiedUnidentified speaker 12Proposed1:25:34

up. Is that a

UnidentifiedCity ClerkProposed · by roll call1:25:34

question? Actually Christine let me jump ahead to you on that one.

UnidentifiedUnidentified speaker 12Proposed1:25:37

Please do.

UnidentifiedCity ClerkProposed · by roll call1:25:38

The recommendation from the Arts Commission here is not to have a particular appeal process in the meal ordinance but rather to rely on the existing general appeal process in and I'm clicking to get to the right citation In chapter four of title one of the code, it provides that if something isn't otherwise appealable elsewhere in the code then there can be an appeal to a city council with some process as provided in that section. So arts commission...

UnidentifiedUnidentified speaker 6Proposed1:26:06

Isn't it confusing if language stays the way it is where person reading this it says for final approval or denial? Yeah

UnidentifiedCity ClerkProposed · by roll call1:26:16

We can certainly add a reference to that appeal process, to solve that possible notice issue.

UnidentifiedUnidentified speaker 8Proposed1:26:23

Absolutely. Yeah, I think that's a good idea.

UnidentifiedUnidentified speaker 7Proposed1:26:27

How would they know it if it wasn't printed somewhere in this ordinance?

UnidentifiedUnidentified speaker 8Proposed1:26:30

Right. Good catch, Bill.

UnidentifiedUnidentified speaker 7Proposed1:26:34

Thank you, Randy.

UnidentifiedUnidentified speaker 6Proposed1:26:37

I have other questions but I'll take my

UnidentifiedCity ClerkProposed · by roll call1:26:38

turn. For four

UnidentifiedUnidentified speaker 6Proposed1:26:48

dash 16.304

UnidentifiedCity ClerkProposed · by roll call1:26:50

yes it'd be

UnidentifiedUnidentified speaker 6Proposed1:26:52

a public

UnidentifiedUnidentified speaker 12Proposed1:26:53

meeting

UnidentifiedCity ClerkProposed · by roll call1:26:55

arts commission's decisions are subject to appeal as provided in chapter four of title one

UnidentifiedUnidentified speaker 7Proposed1:27:01

randy you got your hand up i just had again i are we um i'm not sure the role that christine is playing here are we talking to matt and james or You know, do our questions go to who? That's I guess my concern. We also have Bill Miley sitting on the sidelines that wanted to speak too. The public should be

GuestJohnny JohnstonProposed · by role1:27:28

under public comment but in this case is a dual role for Christine being on the Arts Commission if you wish to ask her questions of course.

UnidentifiedUnidentified speaker 7Proposed1:27:35

I just wanted it to know format little better so the question I have is property rights when property is sold I purchased a commercial building and I don't want the mural. What's the process for removing the mural? And do I have to even ask to remove a mural that's on my property?

GuestJohnny JohnstonProposed · by role1:27:58

Well, I think there are some rights of the artist aren't

UnidentifiedUnidentified speaker 3Proposed1:28:01

there? The ordinance sets up a process where when It's section 4-16.308 where murals may not be modified, altered, relocated or removed without prior review of the arts commission so as proposed it would have to be reviewed

UnidentifiedCity ClerkProposed · by roll call1:28:19

by the Arts Commission And the other piece there is that if the person who installed a mural or paid for its installation did not secure a waiver from the artists of their artist rights under the State California Art Preservation Act and the Federal Visual Artist Rights Act, then the artist's consent might be required. In a nutshell those two laws provide that an artist has a right for their art even after it's been delivered and installed to not be altered or modified in a way that defeats their original vision, subject to some exceptions.

Most people who pay for large scale murals buy out a waiver of those rights from the artist to solve the problem permanently. This ordinance does not require a buyout for a mural leaving the choice to the property owner. So if a person was to buy land or a building subject to a mural's artists' rights they would be wise to ask the seller whether those rights have been purchased or not, or we'll have to deal with the artist.

UnidentifiedUnidentified speaker 6Proposed1:29:24

Mayor a question on that point. Yes Bill. That certainly at least makes some sense from a voluntary point of view for new murals section 4-16.309 talks about protecting existing murals Where this ordinance if passed would impose a liability on private property owners if they have an existing mural that they did not voluntarily enter into. You see what I'm

UnidentifiedUnidentified speaker 2Proposed1:29:54

saying?

UnidentifiedUnidentified speaker 6Proposed1:29:57

Is that the intent, there's a difference here between a property owner says that voluntarily they want to go through this process and if there's an existing mural this ordinance passes There's no opt-out for that existing property owner that I see in here.

UnidentifiedUnidentified speaker 3Proposed1:30:16

You

UnidentifiedUnidentified speaker 6Proposed1:30:16

don't want to voluntarily participate.

UnidentifiedUnidentified speaker 3Proposed1:30:18

My recollection from the Arts Commission's discussion, and of course, I know Christine is on the call so she can add or modify this, but was it that section focused on existing murals? The intent behind that was to... Let me back up and say that we had a resident who had an existing mural Our business owner who had an existing mural, and they had been told several years back when they came to the city that there was no process for them to be able to maintain or repair or repaint the mural.

And so the section on existing murals was added with more of a focus on having a process for people to be able to repair or maintain existing murals. So I don't know that their focus when they talked about that Was on

UnidentifiedUnidentified speaker 6Proposed1:31:10

because the way it reads,

UnidentifiedUnidentified speaker 3Proposed1:31:13

yeah.

UnidentifiedUnidentified speaker 6Proposed1:31:14

Is that they could be declared a public nuisance and they would have to repair or remove it at the owner's expense. And otherwise a liability that imposed on them that they did not voluntarily enter into.

UnidentifiedUnidentified speaker 3Proposed1:31:27

Yeah I think that's true and I'm not sure...I don't know that was the intent behind it but I guess you know Christina if you're Meeting still, maybe you can speak.

UnidentifiedUnidentified speaker 12Proposed1:31:37

I'm still here and I'm just kind of listening and trying to figure out what...I'm not really clear Bill on what your point is. Would you say it again

UnidentifiedCity ClerkProposed · by roll call1:31:48

for me? I think Bill's point if i could jump in on a suggestion is That a mural that exists today, if this ordinance moves forward on a commercial building. Does it require permission of the Arts Commission to be and City Council upon appeal to be removed or not? As presently worded the ordinance by its own text would require a permit to remove that mural. That may not be something that we, that this council would wish to require. If the intent was to not require existing murals to be subject to the ordinance then I would recommend that we add six seven words to section 4 16 308 which would provide in the first sentence murals approved under the provisions of this chapter may be not be modified altered relocated or removed without prior review of the arts commission.

Which would make it plain that once installed under the chapter then the chapter applies for the mural's life but not to something that exists today

UnidentifiedUnidentified speaker 6Proposed1:32:50

Right, that's why Matthew makes the big bucks.

UnidentifiedUnidentified speaker 12Proposed1:32:53

May I ask a question of all of you? Is it clear in section 416-309 I will tell you what our intention was and then you can tell me if we got there. Right now, we have murals in the city that are in disrepair and no way to address that. And so section 416309 was written to address murals for example there's one on the side of Treasures of Ojai. There's another one on the side of Joe's Quick Stop, and they're completely faded and in disrepair. So did we reach our goal the way we wrote for 16309? Because this has gone through more than one art liaison over time.

1:33 – 1:4928 turns

UnidentifiedUnidentified speaker 6Proposed1:33:40

My point is I think Matthew explained it very well. I think the whole premise of this ordinance is if a property owner wants to voluntarily enter into this structure As opposed to it being imposed on them against their will.

UnidentifiedCity ClerkProposed · by roll call1:33:56

And I think the one piece that's as presently proposed would go beyond that, beyond the volunteering point would be this section 416-309 regarding the maintenance of existing murals that exist today. Right now all property owners are required to keep their property I would like to make a point of clarification. A faded mural is not currently defined as a public nuisance. This would define a faded or disrepaired mural as a public nuisance which would apply to existing murals. Those owners would face the choice, repair it or because it exists now and if the Council were Whitewash it, and that would be that.

GuestJohnny JohnstonProposed · by role1:34:44

Randy?

UnidentifiedUnidentified speaker 9Proposed1:34:45

Jump in here real quick. Was that Ryan? Yeah.

GuestJohnny JohnstonProposed · by role1:34:52

Yeah, okay. I'll

UnidentifiedUnidentified speaker 9Proposed1:34:53

be very quick. I support it 100%. I think everything that Ms. Golden said is correct and the reality of this situation is we, That murals are okay in Ojai. We support art in Ojai, we have a desire to have murals in Ojai. We already have murals in Ojai. I've been communicated with some people in the public who said this is a thing that's gonna kill everything and change everything and do all this but they didn't realize that there were already some things.

If there's one thing we're good at if nothing else in the city is making For something that's on the books and is regulated, and goes through the bureaucracy of multiple commissions. Nobody is painting anything on a wall in this situation without it going through a lot of OHAI bureaucracy. Who's even willing to consider anything else? So I would hate to say no to something that is inspirational positive and pro art.

Especially if the backbone is it has to go through probably way too much bureaucracy to ever get done. In fact, I'd be willing to say I would prefer there was less bureaucracy for it because I think this is a real positive thing. We're an art pro community we lean forward to these things.

UnidentifiedUnidentified speaker 8Proposed1:36:28

Ryan turn on your video.

GuestJohnny JohnstonProposed · by role1:36:32

I

UnidentifiedUnidentified speaker 9Proposed1:36:33

don't need to.

GuestJohnny JohnstonProposed · by role1:36:34

Okay well you said you'd be short and Randy's waiting so are you

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UnidentifiedUnidentified speaker 7Proposed1:36:49

I don't necessarily disagree with Ryan's comments. But again, I'm just lost on murals in general in the community maybe I have the old fashioned look that I don't see the need. I don't know what the need form is, but that's just my opinion. So to clarify here is I never did get an answer on the property being sold. The other thing is regulation of content and the third one is a clear definition of what's public nuisance.

It seems to me a lot of this is arbitrary. We're setting up a jury or we're setting up a commission to make decisions. But there's nothing stated within each of the things I just said, of what clarifies. So it removes the guessing and it removes the who do you know? And it removes the, you know

GuestJohnny JohnstonProposed · by role1:37:48

what I'm saying? We got you okay how about since we haven't heard from you on this

UnidentifiedUnidentified speaker 8Proposed1:37:53

My main concern is that the ordinance clearly protects the art. That if somebody goes to trouble to make a beautiful mural on the side of a building, that when it's sold, that nobody can just paint it over. I just want to make sure that art is protected and as I'm not quite sure what to do if the mural fades. To me, that's a different matter I don't know that the owner is required to, you know. I don't know if Christine helped me out here in order... You know, I don' think that's a requirement and murals will fade. And then I have to look to the arts commission what they wanna do about that. I just wanna make sure the ordinance protects something-

UnidentifiedUnidentified speaker 12Proposed1:38:44

I'd like to defer to Matt to speak to them.

UnidentifiedCity ClerkProposed · by roll call1:38:49

I'm happy to. A couple of questions both from Councilmember Haney and Francina. To take those in order, Councilmember Haney your question on a mural on property that is sold. I didn't answer that directly or as best I could. The short answer is under this proposed ordinance if the mural existed before the ordinance was adopted then the property owner who buys it could remove it at will with one exception They would have to have already obtained a waiver or purchased or secured consent from the artist who installed it under the federal and state Artist Rights Protection

UnidentifiedUnidentified speaker 4Proposed1:39:27

Acts.

UnidentifiedCity ClerkProposed · by roll call1:39:29

Under this ordinance as proposed, if a mural was installed under the ordinance and then property was sold and the buyer wanted to remove it they would need to Get consent from both the city and the same artist rights waiver by the waiver or get consent. So I realized that's a conditional answer but it's a bit dependent on what the situation is, as to how the mural existed.

The public nuisance is defined here as a mural that's in disrepair. Disrepair, you're right, is not a defined term and the council could develop a better definition of that term if desired. Absent a specific definition we would take it to mean not in the same condition in which it was upon installation The question that really raises is whether the property owner is required to keep it painted, keep it bright, keep it in condition. I think the answer would be absent further definition of the council, yes.

We all know that paint fades, but there are color fastness standards for the paint. And if that was maintained then that would be fine. But the obligation would be to keep it intact, keep it up, keep the wall or supporting structure upon which it sits up and otherwise prevent it from being degraded or harmed in character. That would also include removing any graffiti if placed on top of it.

That is not itself part of the art. The next question was as to protection of the art from Council Member Francina. Again, that depends on as proposed whether the mural exists now or would be approved under this ordinance. If it exists now the same answer as to Council Member Haney anyone could remove it at will with the caveat being they would need to secure the waiver of the artist rights or have previously purchased that waiver.

If it would be approved under this ordinance then it could not be removed absent consent from the city and consent from the artist or having purchased those rights upfront And the obvious question is if somebody paints a mural in the dead of night, then we would find them and issue citations. But you can't always undo the past.

UnidentifiedUnidentified speaker 6Proposed1:41:48

Mayor Johnston? Yes Bill. Along those lines and again in deference to bureaucracy and everything I think it's useful but we're passing legislation that will really look into detail make thinking how it would work what problems there might be And in service to that, a question on 4-16.307, mural inspection and maintenance. Part A, I have a couple of questions. Part A clearly allows for the possibility that a city manager may think it's just fine.

And the art commissioner says, the art commission may determine no, it's not being maintained or there's Built into that is a possibility of a disagreement with not a real hierarchy of who makes that judgment. We could clearly have a difference of judgment as it says and or between the city manager and the arts commission, as to whether or not the mural's being maintained properly.

That seems like it's a problem that probably shouldn't be built into the ordinance. And then the same thing with inspection. It gives inspection authority to volunteers on a commission and to the city manager equivalently. And I think that could be maybe needs to be clarified or something in terms of having a paid staff person, the city manager with all of the legal protections embedded in that versus volunteers that don't have all of that engaging in inspection procedures.

And then part C then Says the city manager is not involved in terms of whether or not it's been maintained. It's solely in the hands of the art commission, so you can see what I'm trying to say here if a dispute arises between a city manager and an arts commission there's not a clear path forward. And I always try to think of the worst case scenarios when I look at these Am I making myself sense, making any sense?

UnidentifiedUnidentified speaker 8Proposed1:44:00

Yeah. Very good. Yes.

UnidentifiedUnidentified speaker 4Proposed1:44:02

Yeah.

GuestJohnny JohnstonProposed · by role1:44:04

I'd like to weigh in a little bit here and I'm not sure whether Randy and I are on the same page but the first thing that came to my mind or maybe it's because I'm a Philistine but what was the need for in a place of like Ojai where our very environment architecture is the attraction It seems like this is fraught with all sorts of issues. Is that we don't have anything that says that you can or that you can't.

And I assume under those circumstances, depending on the strength of the person who wants to do this, Their taste or the, the artist's taste. So I'm assuming that part of that is what motivated us to say well gee can't we have some regulation on this in order for us not to have something that might be an atrocity. Having spent some time in downtown Los Angeles, I can tell you that some of what people call artwork we might have a different opinion on. And then other things like what Banky or

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UnidentifiedUnidentified speaker 9Proposed1:45:32

Bankey- Are you saying that this ordinance is that or it's not that? Like isn't this- I'm not saying either

GuestJohnny JohnstonProposed · by role1:45:42

but let me finish and then you can make your observation. I'm

UnidentifiedUnidentified speaker 9Proposed1:45:46

not commenting either

GuestJohnny JohnstonProposed · by role1:45:48

way. I'm just curious like- Okay, but you're interrupting right now. Whatever you'd like to say. What concerns me is how much authority do we have as a public jurisdiction? Matt, if say the general community felt that this was not a great idea to encourage more murals and we want to say we're not going to have murals because one person's mural might be some other person's sign.

Would that even be legal? I know that some people say as long as it's neutral, as long as you apply it equally to everybody then you can weigh into those things constitutionally. But in this case would we be doing that or could we do that and if we can't then maybe the next best thing is trying to find a way to properly regulate it which is what this is an effort at but just by all the questions I'm hearing everybody's got a little concern as to how it would work And frankly, I think that as a city we should be careful of not becoming a quasi homeowners association and telling everybody what to do. And then trying to figure out through the staff afterwards how it works because it's a huge amount of effort.

And I look at the thing and I thought well that might discourage anybody from ever wanting to paint a mural because of the bureaucracy. On the other hand once they do it Sousa makes a good point If it's really good art, you hate to let somebody else just come and whitewash it. So anyway, Ryan now it's over to you. You had some-

UnidentifiedUnidentified speaker 7Proposed1:47:22

No

GuestJohnny JohnstonProposed · by role1:47:22

no, you made a great point I

UnidentifiedUnidentified speaker 9Proposed1:47:24

apologize for cutting you off. Make sure that you understood if it was targeted at anyone or some understanding like that you were in the same line of Where anybody else felt and I didn't want you to misalign yourself with how I felt about this particular issue, because I was communicated with it about some other people and it may have been confusing but I ultimately you know it's a it's a.

You know, it's a pure issue in Ojai that makes a big difference. It's a very 50-50 issue if I will, lack of a better term to explain it but we promote art and we're an art community and we want art and we support art and art as an important part and art is this part of the fabric of our culture of Ojai but The wrong art in the wrong place that's too big and has the wrong words, and maybe doesn't quite agree with everybody is not okay. So we are frankly put ourselves in a position of picking winners and losers and it's very tough.

Hi, well yeah and I'm getting a sense from my contacts with people in the public and where everybody is on this. This is one that's very close than what would be acceptable versus not acceptable to everybody. Now I personally, my personal opinion but i don't know if that's necessarily carrying the water for the day because I represent other people is that we let all of the ideas and all of the different messages and everything else flow through and they get mixed up in a culture and we pick out what we like or don't like and somehow we're supposed to be that doesn't work perfectly but the idea in America is that we don't Pick and choose winners and losers over ideas, we might pick and choose losers over pictures and colors materials and all the other things that we tend to do around here.

But where were we I you know I do appreciate them the First Amendment says we do not Take winners and losers over messages,

1:49 – 2:0125 turns

GuestJohnny JohnstonProposed · by role1:49:39

but we do sometimes. My question to the city attorney is amongst the choices that we are making here tonight is one of them not to have murals as Randy was maybe alluding to and maybe I'm kind of leaning that way too. I know that's not great for-

UnidentifiedUnidentified speaker 9Proposed1:49:59

I have something to say about that when Matt's done. All right, let me jump in here with a couple points chance to get

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UnidentifiedCity ClerkProposed · by roll call1:50:19

Thank you. So, as I read it the city does have the power to adopt this kind of an ordinance or this ordinance or something like it that imposes reasonable content neutral viewpoint neutral regulations on murals as distinct from science. Yes, the case law on the distinction between a mural and assign is a bit muddy. There's no definitive answer, but generally a mural is something with an artistic expression goal. As a sign is something with a message expression goal whether that and we can't discriminate between you know different types of political messages or different types of commercial messages although commercial speech is given less protection than political or religious or other non-commercial speech But we can draw distinctions between signs intended to express a message and something that's purely artistic.

However, we have to be careful even on the artistic side that we don't discriminate on the content of the art. To use an extreme example, you know, a mural about lemons and a mural about oranges if both are the same high quality materials they're structurally sound, they're not lit, they're the right size, the right location We couldn't draw the line and say one is okay, and the other is not.

GuestJohnny JohnstonProposed · by role1:51:32

The

UnidentifiedCity ClerkProposed · by roll call1:51:33

essence of

GuestJohnny JohnstonProposed · by role1:51:33

the question Matt though, is it possible to say no we just won't have any more of them?

UnidentifiedCity ClerkProposed · by roll call1:51:39

Yeah, I do think you can prohibit murals entirely. The risk you run is the line between a sign and a mural. Somebody builds a very artistic sign promoting their business it might be viewed as a sign and not a mural but you could prohibit murals. I do think you can whether to do that is of course a choice for the council. That's a policy

GuestJohnny JohnstonProposed · by role1:51:57

question. I just want to know what the choices were okay.

UnidentifiedUnidentified speaker 9Proposed1:52:00

Fairness is where this conversation was Johnny. I mean that's what we're talking about. We're talking about the content of the speech We weren't talking about some other stuff. It was just like, hey are these large picturesque murals okay for Ojai? I talked about it a bunch. Just vote on what we have in front of us

GuestJohnny JohnstonProposed · by role1:52:26

We'll come back to you, Ryan. Susan had her hand up and Bill has had his hand up. And Randy. I'm sorry, Randy, you're not on the screen right now. Okay let's start with Susan.

UnidentifiedUnidentified speaker 8Proposed1:52:38

I think it was about 25 years ago that a wonderful artist Marty Gottesman, some of you may remember Wanted to put a mural on the side of what was then The Chase Brothers, now Joe's Quick Stop. And it would have been absolutely beautiful. Her art is phenomenal and that's the kind of art I would want to protect but the council voted no and it made a lot of people in the community, I think rightfully very unhappy.

So my question is, I think I heard, I talked to Christine before the meeting. I think they have been working on this for almost three years and I do trust the art commission and their whole process. I want to pass this. I just think maybe there's a few as Bill Wyrick pointed out, there's a few things that need clarification You know, the language that you pointed out. My other question is I started thinking and this might be a stupid question but I have to ask the city attorney can a mural be defined as not having language?

It is sorry.

UnidentifiedCity ClerkProposed · by roll call1:53:57

Language meaning letters? So there's

UnidentifiedUnidentified speaker 8Proposed1:53:59

no blur between a mural and a sign. A mural is strictly art without a message, a written message. Is

UnidentifiedCity ClerkProposed · by roll call1:54:10

that what you're talking about? Yes. And the current ordinance does include the line that murals cannot contain lettering symbols or copy. OK. Although it's worth noting that there are signs that don't have letters. I mean we think of some iconic icons that we know that are definitively a sale icon That's a sign like the classic that was the red, the targets red double target logo.

UnidentifiedUnidentified speaker 8Proposed1:54:31

Yeah. But this would, so this language is already in there and that would take away the fear of any messages, right?

GuestJohnny JohnstonProposed · by role1:54:40

Not necessarily. I can tell you a number of signs it'll send a real clear message. I presume that the art commission wouldn't approve it though. Okay. Christine's got her hand up and then Randy, then I'm going to come to you bill. Uh, Christine go.

UnidentifiedUnidentified speaker 12Proposed1:54:53

Thank you, Johnny. Section 416-303 limitations addresses all of that and in addition to it very clearly stating that there can be no advertisement, it cannot be commercial, it cannot have any product business brand organization service, it cannot be about a cause or a place, that's all in this ordinance. In addition to that A review would be done by a public art jury of that mural. So there are all kinds of safeguards in place and may I go ahead and say a couple other things, Johnny while I've got the floor? Because you should know that you probably don't know that you've got quite a few murals in the city of Ojai but they're so embedded into They don't stick out like sore thumbs. And that's what the job of your Arts Commission is, it's to make sure that something isn't put up that is jarring.

That's the whole purpose of having a public art jury and then you have a whole second wall which is the arts commission itself that has to then approve what the public art jury recommends. You've got two places where If a private commercial building owner wanted to put a mural up, it has to go through those steps. And I almost don't want to tell you that you're about to have two murals in the city that have nothing to do with this ordinance. One of them is coming out of grants, grants approved a mural that's going to be going up and another one which is going to go up next week as part of a private development project. And it's a mural that's going on the side of the gas station which used to be Valero and is now Shell. So murals are happening and people are asking about them And if you don't have any ordinance, you don't have any control at all.

Unless like Johnny said, you just say no murals.

GuestJohnny JohnstonProposed · by role1:56:55

Well I'm just saying that if that's the choice we should at least know that that's the choice and then consciously maybe reject that choice. Okay. You didn't mean to go on so long. Yeah, that's okay. You did fine.

UnidentifiedUnidentified speaker 7Proposed1:57:07

Randy? I guess the last thing I wanted to say is I think this purchasing of the artist rights Should have been put someplace in this. I was looking at 416-303 under limitations or I'm sorry, 416-302 under application but I would think if we're going to hold The rights up of a citizen that owns the building to the rights of someone who painted on that building prior to them owning it, supersedes theirs.

Then it should be listed somewhere. I would might even say that it needs to be listed in the deed that when you purchase this building, that if you have a mural on it that you can't take it down without all of these steps And without the consent of the artist. So I just, for me personally, I just think there's just way too much stuff going on so I'm gonna vote no on it and not support it. I would just as soon not have this, not allow murals in Ojai.

I just think there's just too much gray and there's too much ambiguity and there's just not enough to make it work for everyone.

GuestJohnny JohnstonProposed · by role1:58:29

Okay, we don't have a motion quite yet. I think it's my turn, John. What? No, it is my turn. Did I already check with Susan? I can't

UnidentifiedUnidentified speaker 8Proposed1:58:38

remember.

UnidentifiedUnidentified speaker 6Proposed1:58:40

Yeah you did. I just wanted to say really quickly something that Christine has taught me was that the public art ordinance is best implemented and she's been a visionary in doing that along with the rest of the Art Commission As this commission and that part of our government that is embedded in the commission and the ordinances, is a partner with the property owner.

Is a partner in terms of getting, in essence, a consulting team for the quality integrity of public art installation And I think that's the way I look at this. It's not so much a bureaucratic funnel, that's our goal as an effective partnership where a property owner remember this is voluntary it wants to have help doing something with artistic integrity and inspiration on their property, in effect gets a consulting team without having to pay for it through the public art jury process. If they want to do this, remember it's voluntary And we clean up the language. In essence, it's a leveraging of a good motivation by a property owner to be able to really leverage and improve the quality of the results, something they would be proud of that adds value to their building with this procedure, with the help of the public art jury the overall process.

So I view it as a resource that if a property owner wants to voluntarily utilize, they are free to do so and therefore I think we oughta look at this more of how to make this work as a productive partnership if a property owner wants to voluntarily enter into the system as opposed to some sort of regulatory restriction approach. And anyway, that's how I look at it and that's the motivation why I support this with a cleaned up language to make it serve that end better. Are we ready for motion?

UnidentifiedUnidentified speaker 3Proposed2:01:09

We have Bill Miley has joined our

GuestJohnny JohnstonProposed · by role2:01:14

yeah

UnidentifiedUnidentified speaker 3Proposed2:01:14

okay we'll pull him in.

2:01 – 2:0924 turns

UnidentifiedUnidentified speaker 13Proposed2:01:20

Can you hear me?

UnidentifiedUnidentified speaker 3Proposed2:01:21

Hi

UnidentifiedUnidentified speaker 13Proposed2:01:21

Bill yeah we can hear you.

UnidentifiedUnidentified speaker 3Proposed2:01:22

Turn on

UnidentifiedUnidentified speaker 13Proposed2:01:23

your video! I'd like to be able to do that.

UnidentifiedUnidentified speaker 8Proposed2:01:30

Go to the lower left

UnidentifiedUnidentified speaker 13Proposed2:01:31

corner

UnidentifiedUnidentified speaker 8Proposed2:01:32

where it says mute and

UnidentifiedUnidentified speaker 6Proposed2:01:36

click start video.

UnidentifiedUnidentified speaker 8Proposed2:01:37

Yeah, right next to

UnidentifiedUnidentified speaker 13Proposed2:01:41

it. How's that? Still can't see

UnidentifiedUnidentified speaker 7Proposed2:01:45

you. You don't look a day over 30. Can

UnidentifiedUnidentified speaker 13Proposed2:01:48

you actually see me?

UnidentifiedUnidentified speaker 8Proposed2:01:51

No.

UnidentifiedUnidentified speaker 13Proposed2:01:54

How about now? No.

UnidentifiedUnidentified speaker 8Proposed2:02:00

Are you clicking start video?

UnidentifiedUnidentified speaker 6Proposed2:02:02

Yeah,

UnidentifiedUnidentified speaker 13Proposed2:02:03

I've got you. I can see you. You

UnidentifiedUnidentified speaker 6Proposed2:02:06

don't sound like a day over 40 Bill.

UnidentifiedUnidentified speaker 13Proposed2:02:09

Wait a minute. How's that? There

UnidentifiedUnidentified speaker 5Proposed2:02:11

you are.

UnidentifiedUnidentified speaker 13Proposed2:02:15

Okay well thank you. I've been listening. Now for the record my name is Bill Miley. I take a different point of view than what you've been expressing. I'm concerned about the, quote, community aesthetics atmosphere of our city now and forever and beyond my lifetime which I am in the 80s. Murals must do have their place in a community and a city life but I believe they're not appropriate for the City of Ojai.

I would like the City Council to keep this city as it has been, is and will be by placing a prohibition on mural art on public and private buildings on the face of public facing walls. Most of us value highly our value with its mountains, its slopes, its ridgelines and its shapes, its spiritual elements, its historical people and their creations and the challenges key folks fought to make us I want to share with you what we are now. Mr. Libby especially, he kept the LA woodchoppers from the Arbolada Oaks by buying the acres.

Coming down the Denison grade one views the panoramic sights of our valley, a vision which can remain in one's mind eye forever. Downtown we have unique arcade, neighboring stores and offices, favorite eating places. And not, excuse me. Our views and on occasion little glitches when they happen. I would suggest we not add mural art to these experiences. We have our elements which make up the LA experience.

A prohibition on public wall art as I understand it meets the first amendment. Any other form of attempted control by a city panel will run up against as I understand it The first amendment rights of established artists. They have rights for colors and designs, and they can't be denied. What comes to folks' minds when they visit our city? The valley, the spiritual atmosphere, the built environment of our arcade, Libbey Park, historical buildings, our shops, businesses, and our residential areas plus much else, the flora and fauna I understand communities can take into consideration two factors when dealing with the First Amendment. These being, quote, community aesthetics end quote and quote traffic safety end quote.

Therefore, I request the City Council seriously consider prohibiting mural art on public and private buildings. I have one more thing to say. I referenced the American Bar Association commentary on murals which I'm sure Matthew is well familiar with. It clearly says as I read it, the artist has first amendment rights on colors, color intensity and designs and that can't be taken away from the artist. He may, she may let you modify it but she doesn't have to.

And if I was a strong artist and wanted her to do my way, I'd take you to court. Thanks bye.

GuestJohnny JohnstonProposed · by role2:05:51

Christine.

UnidentifiedUnidentified speaker 12Proposed2:05:53

Yeah, so I will give a wrap up of how I feel about this before you take it to a vote. I would really like to point out that Ojai has several murals already and that this ordinance is addressing just murals within city limits and just murals on commercial property. Um, there's the treasures of Ojai mural. There's the Joe's quick stop mural. There is a mural that found its way up to the top of the side of the building of the vine restaurant without any oversight at all and thank goodness it's delightful. But that's an example of what happens when you don't have a mural ordinance because what if it wasn't delightful?

Then of course Bill said something about even public property not having murals. Can you imagine Libby Bowl without the wonderful tile mural of all the children's art. I think you know where that is, down by the handicapped section at Libby Bowl. That's another example of a mural that we have. We have a mural going up as part of our grants process. It's gonna be going on the side of the preschool building at OUSD Some of you know about that. And as I mentioned before, we have a mural going up on what is now the Shell Station right on Ojai Avenue and I think you're all gonna be blown away when you see what this mural is because a lot of people think the murals are just painted surfaces and they're not. There's all kinds of applications, including tile work.

So right now there is nothing to stop private murals being installed on commercial private buildings they can just do it where there's no oversight this mural is really Addressing what Bill is talking about, it's a way to give some oversight and to have some control over the process. As far as an artist and the colors and all that in this process that's all decided ahead of time.

It's all part of the vetting process we get to see exactly what that mural is going to look like It either gets approved or it doesn't get approved. And the artist has a contract and the contract stipulates that they are going to produce what was approved, so you've got all kinds of controls in place. I hope that you'll pass some kind of mural ordinance because I think otherwise you're really opening yourself up Reacting to what happens when private development decides or private commercial ownership of buildings decides. Let me give you an example, you have a huge big blank wall right across from the post office.

It's on the side of the Ojai Theater building. Right now they could do anything they want to the side of that building as long as it passes historical preservation guidelines. Wouldn't you prefer to have an ordinance in place that will allow some oversight if they decide they want to put a mural up there. So just, that's just an example of why I think it's really smart that you have something and yeah, this needs to be tweaked. And um, I think everybody that talked about ways to tweak this right on it, that shouldn't happen, but I do hope that she'll approve it and give me even more work to do. Thank you.

2:09 – 2:1831 turns

GuestJohnny JohnstonProposed · by role2:09:09

Okay,

UnidentifiedUnidentified speaker 8Proposed2:09:13

I'm waving my hand. Do you see

GuestJohnny JohnstonProposed · by role2:09:14

me? Can you hear me?

UnidentifiedUnidentified speaker 8Proposed2:09:17

Yeah, I can hear you. I want

GuestJohnny JohnstonProposed · by role2:09:18

to say something else. You know,

UnidentifiedUnidentified speaker 8Proposed2:09:25

At older person, including myself may see this differently. But let's not forget the children of the community. I mean most many people will delight in a well done mural but the children love murals they love to stop and look my little granddaughter loves the panels in the park we go there all the time. We've looked at those since she was about a year and a half or two years old and we're still looking at them you know the ones by that By the bowl as you go toward the tennis court.

I don't know if you've all seen it, but if you haven't, you should. So I support what Christine said. I hope we can pass this with the right language. That's all I have to say.

UnidentifiedUnidentified speaker 6Proposed2:10:15

Bill, do we have a motion? I'm gonna go ahead and make a motion Direct to defer introduction of this ordinance to staff incorporating revisions for discussion tonight.

UnidentifiedUnidentified speaker 8Proposed2:10:29

I'd like to second it, thank you.

UnidentifiedUnidentified speaker 7Proposed2:10:34

I'm sorry, I didn't hear the motion.

UnidentifiedUnidentified speaker 6Proposed2:10:38

To direct staff to defer introduction of the ordinance to a point in the future with staff can incorporate the discussion tonight in terms of revisions to this language.

UnidentifiedUnidentified speaker 7Proposed2:10:56

And bring it back?

UnidentifiedUnidentified speaker 6Proposed2:10:57

Yes.

UnidentifiedUnidentified speaker 8Proposed2:10:59

I'll second it again.

GuestJohnny JohnstonProposed · by role2:11:02

A referral back to staff to make some further adjustments, is that the motion? Okay, we got a motion in a second to refer the ordinance back to staff to make I guess what Christine referred to as tweaks.

UnidentifiedUnidentified speaker 6Proposed2:11:21

My motion is to tweak.

GuestJohnny JohnstonProposed · by role2:11:23

Yeah okay any further discussion? Any objection to the motion if not staff you got it back in your lap Okay. Thanks James. Okay. We, we have one more item and it's a

UnidentifiedUnidentified speaker 6Proposed2:11:43

thank

UnidentifiedUnidentified speaker 12Proposed2:11:43

you

GuestJohnny JohnstonProposed · by role2:11:44

Christine.

UnidentifiedUnidentified speaker 12Proposed2:11:46

The next item is also I have to stay on for that too or I'd like to

GuestJohnny JohnstonProposed · by role2:11:53

go forward

UnidentifiedUnidentified speaker 6Proposed2:11:55

and tweak Christine.

GuestJohnny JohnstonProposed · by role2:11:59

And thank you Bill for staying up and participating. Okay. Uh, James

UnidentifiedUnidentified speaker 3Proposed2:12:05

Thank you. The next item was another item we discussed quite a while back, which was we had had a couple of public art projects that had to come to the City Council for approval and at that time we talked about modifying the ordinance so that some of the items didn't require so many rounds of approval and I'll get into specifics on that but there's also A couple of additional kind of cleanup recommendations.

So the main one that I mentioned a moment ago is every year when a project comes to, or a developer has a public art requirement but they don't have a suitable location or option to install the art They can go before the public art committee and the arts commission and request what we call a waiver, which isn't a waiver of the requirement for the art. But it's basically saying that they're going to pay the fee instead of install the art And so I want to make sure that's clear. We're not waving anything other than the strict compliance of installing the art Uh, and so each year we, we usually get one or two of those projects where the person comes to the public art committee and presents on why they want to pay the fee. Uh, you know, usually they don't have a, an adequate location or something like that.

Um, that has to get approved by the public art committee currently. And then it goes forward to the arts commission and then it goes to the city council. So we ended up having three separate meetings to approve payment of the fee Um, rather than installation of art. And so the last time we came forward, we had one from the end that came to a city council in December and at that time I think it was December of 2019 or 2018. I'm sorry. At that time it was stated that, um, We should look at reviewing the ordinance and seeing if that could be modified. So that's one of the major changes proposed here is that now When somebody requests to pay the fee instead of installing the art, it would be approved by the public art committee. Approved or denied by the public arts committee and then by the Arts Commission but it wouldn't need to come to council for that final approval which would eliminate that extra meeting.

So that's the big change proposed here by this ordinance. There's other cleanup items as well such as when we create a public art jury We clarified that if there's no developer on the projects, since they won't be the seventh member of the jury then a member of the arts or the Arts Commission can select a member rather than have the developer participate since there isn't one.

And the others relate mostly to some of these projects that have been in place for several years because the development was delayed And we clarified in the proposed ordinance that the artists won't be penalized by being locked up in these projects that are delayed for years and years. And the Arts Commission proposed adding some language into either have a time limit on that, or basically to add a time limit so now The artists are eligible to do another public art project after three years from the date of the Arts Commission's approval of the project rather than after the project is complete, which in some cases has dragged on for years and years and years here at Ojai.

So with that, that's kind of the high-level overview of it. I know Christine is still on the meeting. Public art chair Golden is on the meeting if there's any additional questions.

GuestJohnny JohnstonProposed · by role2:16:23

Okay, Christine and you're becoming professional I noticed you on a meeting. It's your turn.

UnidentifiedUnidentified speaker 12Proposed2:16:30

I'm the Zoom queen! Anybody have any questions?

GuestJohnny JohnstonProposed · by role2:16:38

You have any questions of Christine? Christine, do you have any comments you want to make or has a question

UnidentifiedCity ClerkProposed · by roll call2:16:44

and he has a

GuestJohnny JohnstonProposed · by role2:16:44

question. Oh, okay.

UnidentifiedUnidentified speaker 7Proposed2:16:46

I'm just more to James James everywhere through this thing I keep seeing the city council waves in the art commission put in its place. Can you explain that to me.

UnidentifiedUnidentified speaker 3Proposed2:16:56

So the main one is the one again, you know we, the typical project we've had over the last few years was the, you know, we always have a project. Typically from the Ojai Valley and in December, because that's when they do their remodels. And they have several public art projects. And then when they're doing room remodels, it doesn't make any sense for us to require public art in their rooms. It doesn't benefit the public anyway.

So the last three or four years using them as an example, they've come before the Public Art Committee and requested the ability to just pay the fee instead of installing this art. And so the change that I think you're referring to, it would allow the Public Art Committee and the Arts Commission to accept that fee. And it wouldn't require for that item to come back to the city council anymore.

It's a choice that the council can make, but we had a special meeting I think it was December 20th of 2018 and it was said at that time do we really need to have these December meetings to accept a payment essentially? So we had proposed the change in response to that.

2:18 – 2:2330 turns

GuestJohnny JohnstonProposed · by role2:18:14

Would that allow the Arts Commission to, the Public Arts Group to take that money and if it accumulates to do something that would be really in the public domain? Yes.

UnidentifiedUnidentified speaker 3Proposed2:18:27

So they accept the fee but doesn't give them the ability to say, you know, they don't have the ability to say that the applicant doesn't have to pay the fee. That's not what would be proposed. They have the ability to accept that fee and place it in the Public Art Fund to use for a public art project.

GuestJohnny JohnstonProposed · by role2:18:43

And then it would be up to the Arts Commission, you could choose a project and have enough money to actually do something maybe meaningful rather than just sticking it to some individual who's trying to repair their property.

UnidentifiedUnidentified speaker 3Proposed2:18:54

Correct?

GuestJohnny JohnstonProposed · by role2:18:55

Sounds like a great idea. I

UnidentifiedUnidentified speaker 7Proposed2:18:58

just wanted to clarify that again, I'm not trying to argue this point. So that money that goes back to the arts commission fund, Uh, what's the word I'm looking for. That's money that actually belongs to the city and that is over, uh, has oversight by the arts commission, but technically has to be, has to be approved by the council that still stays in place. Correct?

GuestJohnny JohnstonProposed · by role2:19:28

No. With the idea to get the deposit, to allow the proper I think the property developer to perceive the owner to proceed with what they're doing in an expeditious way and that the money be accepted. Approve the deposit of the money. But, uh, okay. Christine's way you're shaking her

UnidentifiedUnidentified speaker 12Proposed2:19:48

head. You write Johnny on the council eventually approves the deposit. I'm sure that happens as far as the public art fund goes expenditures from the public art fund are not approved by city council. They're approved by the arts commission.

GuestJohnny JohnstonProposed · by role2:20:11

I think once it gets in that account, then it follows all the rules of the Arts Commission.

UnidentifiedCity ClerkProposed · by roll call2:20:18

Correct? And no city money can be spent without City Council approval Period.

UnidentifiedUnidentified speaker 3Proposed2:20:24

And what we've done recently is, you know, the Arts Commission states what they want to use the money for. We put a simple consent item on the agenda for Council to approve And so we did that recently with a couple of the projects.

UnidentifiedUnidentified speaker 7Proposed2:20:43

I just wanted to clarify that and then, uh, I guess the last thing of a

GuestJohnny JohnstonProposed · by role2:20:47

concern before you leave that part of the clarification is, is that money is received? The waiver has given to the property owner but that is restricted money That is controlled in a certain way and goes through the arts commission to the council for final approval.

UnidentifiedUnidentified speaker 7Proposed2:21:04

And the expenditure of those funds are approved by

GuestJohnny JohnstonProposed · by role2:21:07

general fund money to do whatever

UnidentifiedUnidentified speaker 7Proposed2:21:09

we want to be clear on that. And the last thing I have is, I'm just lost on this. I don't know how this works. If there is no developer for the project, a member selected at the discretion of the Arts Commission,

UnidentifiedUnidentified speaker 2Proposed2:21:23

someone explain that to me? What does that mean? I'm lost on it. I'll let, uh, chair Golden explain that.

UnidentifiedUnidentified speaker 12Proposed2:21:31

Is that okay? James? Yeah. Um, we've, we had a situation where we had to call a public art jury and please excuse me for the late hour. I can't remember what the project was, but there was no developer usually for a project you have, it's a private developer. And so one of the jurors is representing the developer But we had, we had a project and no developer. So we knew we needed to add that caveat to the ordinance to allow us to give that seat to someone else. And it made most sense Um, that it would be at the discretion of the arts commission to choose somebody in that seventh public art jury has seven members.

You have already approved this change, but it was never put into the ordinance and so it's coming back in this document that we put together. We realized that even though you already approved this, it never got in okay. The ordinance we checked and it wasn't there. So you should bring it back.

GuestJohnny JohnstonProposed · by role2:22:37

Okay. Any other questions? I move approval, Johnny. Okay we got a motion do we have a second?

UnidentifiedUnidentified speaker 8Proposed2:22:44

I'll second.

GuestJohnny JohnstonProposed · by role2:22:45

Okay moved and seconded any further discussions if not uh this... I

UnidentifiedUnidentified speaker 8Proposed2:22:51

just want to ask something can i ask something sorry if it was already approved

UnidentifiedUnidentified speaker 6Proposed2:22:59

It was a policy it was a policy not a text amendment

GuestJohnny JohnstonProposed · by role2:23:04

It's only one element of this. There is more than that in

UnidentifiedUnidentified speaker 6Proposed2:23:07

this. Got it, got it. This takes it from a policy to a text amendment in the code. Got it okay.

GuestJohnny JohnstonProposed · by role2:23:13

We have a motion that has been seconded and what is the motion to introduce this?

UnidentifiedUnidentified speaker 6Proposed2:23:20

The motion is to follow the recommendations to find an ordinance exempt from CEQA and to introduce the ordinance to modify article 2 as stipulated.

GuestJohnny JohnstonProposed · by role2:23:32

Okay, do we need a vote on that one Matt?

UnidentifiedCity ClerkProposed · by roll call2:23:36

As an ordinance yes.

GuestJohnny JohnstonProposed · by role2:23:37

Yes okay will the clerk please call the roll.

Roll-call vote Passed 5–1
Show transcript
Mayor Johnston? Yes Council Member Francina? Yes Council Member Haney? Yes Council Member Weyrich? Yes Mayor Pro Tem Blatz? Council member Blatts. Council member Blatts. Hey or nay? Council member Blatts. You're muted. Yes,

2:24 – 2:2913 turns

UnidentifiedUnidentified speaker 9Proposed2:24:19

I'm here yes yay

GuestJohnny JohnstonProposed · by role2:24:21

okay. Yay in both cases. Thank you. Okay motion carries so that then takes us to What we're now to reports from the council.

UnidentifiedUnidentified speaker 6Proposed2:24:39

Thank you,

GuestJohnny JohnstonProposed · by role2:24:40

Christine.

UnidentifiedUnidentified speaker 6Proposed2:24:41

Bye-bye.

GuestJohnny JohnstonProposed · by role2:24:43

Okay. Council member report. So Randy, do you got one? Do you have one? Everyone's been on vacation. Okay. Ryan, do you have one? Okay. We'll say no. Okay, Susan.

UnidentifiedUnidentified speaker 8Proposed2:25:02

I just want to say that tomorrow morning at 11 o'clock. There'll be another Zoom meeting community, you know the active transportation project meeting is tomorrow at 11 o'clock. It's open to the public even if you're new and you want to ask questions you can attend there usually been uh you know the meetings have been small we're basically waiting for the permits from Caltrans to do the demonstration project so let's see if we made any progress.

UnidentifiedUnidentified speaker 6Proposed2:25:37

Just a quick shout out to both the EDC and our Chamber of Commerce. They've really been stepping up to specific problems and been a resource for James who desperately needs the help to address issues as they come up, especially with our business community in the face of all this COVID challenge. I don't want to get into the specifics but I just want to give them accommodation. They've really been helpful both The only

GuestJohnny JohnstonProposed · by role2:26:11

comment I have and I mentioned to the city manager earlier is that, you know we're in this stage of sort of trying to reopen the town. And in some cases, some of the restrictions and the yellow tape and stuff that gets put up. People are either taking it down or they think the thing has been opened when it hasn't. And so I would encourage staff to kind of keep an eye on. Okay, city manager's report?

UnidentifiedUnidentified speaker 3Proposed2:26:38

Just a couple of quick things and we did talk Staff today about getting some of those caution tape and things like those replaced. So we'll focus on that in the next couple days, but we have our new weekend code enforcement that was approved at the last council meeting. And we just wanted to take a chance to remind everybody we are actively enforcing the gas powered equipment prohibition.

We are noticing people that are performing weekend construction That's actually against code and asking them to not do that. We haven't cited anybody for that yet, but we're pushing that. We've noticed that the number has gone way down from multiple to just one two weeks ago and zero this weekend. And then so I think people are complying they just didn't know about it.

We are doing active short-term rental enforcement. And between the gas powered equipment and the short term rentals, not that this is something people will be excited about, but we've issued multiple citations in the last couple of weeks. So this is a good reminder to everybody if you're using gas powered landscaping equipment or if you're operating a short term rental that the city's looking for those right now.

And so we have that. And the last thing real quick is that we recently did a survey on Ojai Day and asked vendors if they are going to be interested and able to conduct Ojai day this year, and we'll put this on a future agenda but so far we're not hearing much reply from any of our vendors due to the challenges. We'll agendize this for a future meeting, but we just kind of wanted to mention it and then let people know if there's any vendors watching this and they're interested. We need to hear back from you to be able to make something happen. Suze has a question for you.

UnidentifiedUnidentified speaker 8Proposed2:28:50

James I've been thinking about this. If we have to cancel Ojai Day could we still keep the permit for closing Ojai Avenue so that on that day we can have a car-free I was going to propose that we bring an item

UnidentifiedUnidentified speaker 4Proposed2:29:04

at the next

UnidentifiedUnidentified speaker 8Proposed2:29:05

meeting to kind of brainstorm. Maybe brainstorm is not

not transcribed≈9s of audible speech the AI couldn’t make out▸ listen

2:29 – 2:3639 turns

UnidentifiedUnidentified speaker 3Proposed2:29:31

We had thought that we'd kind of shifted to focusing on a local Ojai day, but it's just with all the challenges at first that got a good response. But recently we are not getting people to commit to it so and you know, we understand.

UnidentifiedUnidentified speaker 8Proposed2:29:47

I'm just saying that every year we get a permit to close Ojai Avenue for X number of hours. Why not if the rest of the council is in agreement? Why not least have that And they encourage people to walk and get out, ride their bikes and just make it that kind of a community day. Nothing commercial. And just the feeling was always so nice to have no cars on that block between the arcade and the park. It was just great. So- I

UnidentifiedUnidentified speaker 2Proposed2:30:23

agree with Suza. I agree with Suza as well. Okay we'll explore that and we'll bring an item back to work that

UnidentifiedUnidentified speaker 6Proposed2:30:31

out. And just really quick, I really want to commend you James for the way you've handled our change of code enforcement contracting and practices. It's like a breath of fresh air much more professional much more community engaged and thank you very much.

UnidentifiedUnidentified speaker 3Proposed2:30:46

Thank you we the last thing i'll say to that is we have flyers on a bunch of different topics and so we're trying the strategy the first couple months of just going out every weekend and giving people information on On things that you know we haven't done before. So so we're getting good response, so that's all I have.

GuestJohnny JohnstonProposed · by role2:31:07

Okay we future items anybody have something they want to put on the agenda? That uh the council agrees to?

UnidentifiedUnidentified speaker 8Proposed2:31:15

I do.

GuestJohnny JohnstonProposed · by role2:31:16

Susan

UnidentifiedUnidentified speaker 8Proposed2:31:16

okay i would like um if possible the next meeting uh small cell regulations An inquiry from the city, right James? You can help me out.

UnidentifiedUnidentified speaker 12Proposed2:31:32

Yeah.

UnidentifiedUnidentified speaker 8Proposed2:31:33

And Matt Summers recommended that we put it on the agenda if you saw the... I don't know if everyone received it but there were...

GuestJohnny JohnstonProposed · by role2:31:42

By Portland then?

UnidentifiedUnidentified speaker 3Proposed2:31:45

Yes.

GuestJohnny JohnstonProposed · by role2:31:47

Okay. Do you have an opinion?

UnidentifiedUnidentified speaker 3Proposed2:31:50

Yeah, I think if the City Attorney, I think will be prepared to have it on the next meeting

UnidentifiedCity ClerkProposed · by roll call2:31:58

What

UnidentifiedUnidentified speaker 3Proposed2:31:58

is

UnidentifiedCity ClerkProposed · by roll call2:31:59

this? This would be to amend the small cells regulation resolution that was adopted last summer, to expand back some of the aesthetic protections based on a recent ruling by the Ninth Circuit saying we can do so. And you should be able to get that for your next meeting as the changes are important but not that much text.

GuestJohnny JohnstonProposed · by role2:32:21

Okay, so the direction is to get it on the agenda as early as you're reasonable for the staff to get it prepared.

UnidentifiedCity ClerkProposed · by roll call2:32:30

Okay? Yeah, the next one or the one after that.

GuestJohnny JohnstonProposed · by role2:32:34

Sure. Any other items

UnidentifiedUnidentified speaker 8Proposed2:32:35

for the agenda? I also want to ask again James Can I still continue? The report on the proposed removal of 680 trees, and it starts in the fall. And it's going to go on until the spring of 2024. But could the public and myself fully understand the pros and cons of that because you know, I understand about the water and the fire But there's also the issue of climate mitigation. And I think the public needs a comprehensive report.

UnidentifiedUnidentified speaker 3Proposed2:33:12

OK, that's the Stewart Canyon invasive.

UnidentifiedUnidentified speaker 8Proposed2:33:16

Yeah, it's a mile long.

UnidentifiedUnidentified speaker 3Proposed2:33:19

Yeah we have a report we had done so we can bring it back if Yeah, we can we can bring it back if council is you know request that

GuestJohnny JohnstonProposed · by role2:33:32

so. Does the Council want to bring that back?

UnidentifiedUnidentified speaker 8Proposed2:33:40

There have been several letters to the editor protesting this the public doesn't quite understand it and I would like to hear the report again before any work starts. You know as to exactly

GuestJohnny JohnstonProposed · by role2:33:53

Well, James why don't you send Susan the report and then we can talk about at the next meeting or the meeting after if the council wants to revisit that. Bill did you have your hand up on that subject?

UnidentifiedUnidentified speaker 6Proposed2:34:05

No I had one other question that occurred to me for the city manager real quick.

GuestJohnny JohnstonProposed · by role2:34:10

Okay go ahead

UnidentifiedUnidentified speaker 6Proposed2:34:11

Bill James, one of the key aspects of the demonstration project for ATP is to have the sensors in place before the demonstration project is deployed for a full four weeks. That's what was promised at one public meeting that I participated in. Do we have a start date and will the sensors be in place the full four weeks for the pre-demonstration project installation data collection?

UnidentifiedUnidentified speaker 3Proposed2:34:40

Yeah, we will make sure that they're in place four weeks before. We don't have a start date yet what I'll do is we'll get a start date, we'll send that out to council but we'll also post that on our website. That you know when the sensors will be placed and we'll announce that on our... Yeah

UnidentifiedUnidentified speaker 6Proposed2:34:56

because I think that's extremely important for the whole purpose of the demonstration project is to have a treatment effect which means we've got to have a baseline properly documented and I don't want us to lose that baseline.

UnidentifiedUnidentified speaker 7Proposed2:35:11

The only problem with that bill is there's not a true baseline in the community right now. It's the only baseline we have, Randy. It's a baseline that's not going to be accurate

UnidentifiedUnidentified speaker 6Proposed2:35:22

but you can do it. It was part of the project contract I just want to make sure it gets done.

UnidentifiedUnidentified speaker 3Proposed2:35:27

Yeah well we'll announce that on our website too for the public. That's a hot topic as we all know so

UnidentifiedUnidentified speaker 8Proposed2:35:37

And it would be good, you can ask that kind of question at the meetings. They're still holding the bi-weekly meetings and they have data from last summer as well. You know I'm not there they can address the concerns that if you have concerns about What do you call them? The consultants.

UnidentifiedUnidentified speaker 3Proposed2:36:01

Yeah, we're having the, what is it number eight? I think we're having advisory committee or community committee meeting number eight tomorrow at 11

UnidentifiedUnidentified speaker 8Proposed2:36:09

o'clock. Is the agenda real crowded for next time?

2:36 – 2:365 turns

UnidentifiedUnidentified speaker 3Proposed2:36:20

We can move some items around. We had four or five we were working on but we can prioritize them if If council requests an item. Okay.

UnidentifiedUnidentified speaker 8Proposed2:36:33

I'm not done, I'm sorry. It's

GuestJohnny JohnstonProposed · by role2:36:36

in the brainstorming session if you have an item to propose, propose it.

UnidentifiedUnidentified speaker 8Proposed2:36:40

I'll wait and request at next meeting.

GuestJohnny JohnstonProposed · by role2:36:44

Anybody else has something they want to propose? If not thank you all. You've been a great audience. Good night everybody.