BodyCity Council
MeetingRegular Meeting
Date📅 September 22, 2020

UnGovr Transcript

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Scheduled start 6:00 PM · clock-time estimates pending review

0:00 – 0:0426 turns

ElectedJohnny JohnstonMayorProposed · by role0:01

I'll call the regular meeting of the, no pardon me. Before that we need to report out or do we do that in the regular meeting?

UnidentifiedUnidentified speaker 1Proposed0:08

Matt? We can do that in the regular meeting.

ElectedJohnny JohnstonMayorProposed · by role0:09

Okay so I'll call the meeting order of the regular meeting of the Ohio City Council will the clerk please call the roll.

Roll call — called by Unidentified speaker 3 · 1 under review
Show transcript
Mayor Johnston? Here. Mayor Pro Tem Blatts? Here. Council Member Francina? Here Council Member Haney? Here Council Member Wyrick?

Okay, we have a quorum. James will you do the honors or do you have a flag down there? All rise. I knew that would get Ryan dude he has a flag behind him there. Yeah, I just

UnidentifiedUnidentified speaker 3Proposed0:43

saw that. Okay, I think James Hahn is going to put an image of the flag up for us and so right hand over your heart ready begin

Pledge of Allegianceceremonial · click to expand
UnidentifiedUnidentified speaker 3Proposed0:54

I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible with liberty and justice for all.

ElectedJohnny JohnstonMayorProposed · by role1:10

Thank you James. Doing a groups on Zoom is lax a little isn't it? Okay let's see Let me get the right agenda out here, okay.

Agenda Discussionitems moved / continued / pulled — click to expand
ElectedJohnny JohnstonMayorProposed · by role1:31

The approval of the agenda, are there any changes that anyone would like to make? Mayor I'll be pulling item i from the

ElectedJohnny JohnstonMayorProposed · by role1:37

consent calendar. Okay, are there any other items from the consent calendar that you want to pull anybody? Okay if not then do I have a motion to approve the consent calendar? Moved to approve. Second. Okay moved and seconded Is there any objection? Not hearing any, they so ordered. Bill? Aye. Is that your item on the consent?

UnidentifiedUnidentified speaker 4Proposed2:05

Mayor, there's a presentation on the agenda. Oh

ElectedJohnny JohnstonMayorProposed · by role2:07

yeah, that's right we do. Yeah I jumped over that, I did yes okay well hang on for your item aye later and we'll go to the presentation James

UnidentifiedUnidentified speaker 3Proposed2:21

Yes. And today's presentation is going to be by Chris Danch, representing the Fire Safe Council. I see he's in the chat room. So Mr. Hahn if you can let Mr. Danch in we will-

ElectedJohnny JohnstonMayorProposed · by role2:36

Okay and this was for Chris to give us his view on the fire, extreme fire map?

UnidentifiedUnidentified speaker 3Proposed2:44

Yeah so then I think that and I think he's also planning to do an overview on some of

ElectedJohnny JohnstonMayorProposed · by role2:51

Okay, this isn't a grant application is it?

UnidentifiedUnidentified speaker 3Proposed2:55

Not that I'm aware of. So I see Chris Danch

UnidentifiedUnidentified speaker 5Proposed2:57

is in the room but it looks like he's muted. There

UnidentifiedUnidentified speaker 3Proposed3:00

he is!

ElectedJohnny JohnstonMayorProposed · by role3:17

Looks like a disc jockey. Don't I?

UnidentifiedUnidentified speaker 6Proposed3:20

It's like flying a plane or something, you know, I'm talking to the tower and... Yeah right. That's because we have an open architecture in our house and you can hear everything so in order to keep this thing just in my office in the house, I got this gear on. There you go. Well, I do have a... The reason for this is to update the council on where we are with the Fire Safe Council since we last presented in December, I believe of last year and give an update on where we are and to look at start again the discussion about funding in various ways. And I'll get to that but I also have a PowerPoint that I can just walk us through so it'd be a little more organized Okay. Appreciate you allowing me the opportunity to update. Sure.

Proceed. How do you work the PowerPoint? I gave that, is that something?

UnidentifiedUnidentified speaker 3Proposed4:15

Yeah let me see. I can pull... I think I have the... It's up. Oh actually

UnidentifiedUnidentified speaker 6Proposed4:19

never mind. And do you advance it or do I advance it?

UnidentifiedUnidentified speaker 3Proposed4:27

Yeah, I think Mr. Han is going to advance it so you'll have to let him know when to move on.

UnidentifiedUnidentified speaker 6Proposed4:31

Okay well the next slide then. Let's get started number two It's hard when you don't have any control.

ElectedJohnny JohnstonMayorProposed · by role4:43

Yeah i understand that. I know you do! I want to share that opportunity with someone else.

UnidentifiedUnidentified speaker 5Proposed4:54

Advance to

UnidentifiedUnidentified speaker 3Proposed4:55

number two is this the

UnidentifiedUnidentified speaker 4Proposed4:56

right slide?

UnidentifiedUnidentified speaker 3Proposed4:57

That's number one. That's number one.

0:05 – 0:216 turns

ElectedJohnny JohnstonMayorProposed · by role5:06

Even worse when there's no control, oh there we

UnidentifiedUnidentified speaker 6Proposed5:08

go. Yeah actually that's number four. Number two and this is really just for anybody watching since I think you guys already know all of this but we have been around since uh for 20 years now doing our work in a variety of ways And that is continuing, though I will say that the traditional source of funding that has been here for the Fire Safe Council is becoming more difficult to go as believe it or not things become underfunded and the number of applicants is going up.

A good example of that is that one of the main sources of funding for the Fire Safe Council has been what's called the State Fire Assistance Grants, which is through the USDA and then through the grants manager at the California Fire Safe Council. The last grant we worked off of last year, that was applied for in 2016. At that time The funding was about three and a half million for that pool, and it was actually undersubscribed. There is money left over which we got another 100,000 of but there weren't even enough applicants to tap the whole pool. The last round we participate in last year, the pool had gone down to 1.5 million and the number of applicants had quadrupled resulting in no more than 9% of applicants being funded.

Which of course means 91% of the applicants goes hungry. So that is not improving at all out there, in fact it's getting worse. We had planned to apply for a Cal Fire grant which I'll explain briefly coming up but that one state took the money so they're not ready to do that until next year and so this regular ongoing program which has been here for is not even up for this, up now. Next slide please.

Okay we've always talked about the increase in or the reality of increasing threat of wildfire but who would have expected this last year and what has happened? We thought it couldn't get any worse than the Thomas fire and what we saw in 2017 and 2018 but here we are one shocking statistics is that the number of wildfires have increased in frequency by 400% since 1970 So this is something new. We now have a year-round fire season and it's not going away, which means that our level of community preparedness and capacity and resilience must adapt to this. Next slide please.

As we have discussed before wildfire isn't inevitable. We have a fire dependent ecosystem around us only a very small percentage less than 5% of those fires are deemed uncontrollable But it's those uncontrollable fires that caused 95% of the damage. And in those uncontrollable fires, as you can tell by their name, that the public safety agencies are almost instantly overwhelmed and a much greater level of community response is required to deal with prepare for respond during and recover from such catastrophic fires. And that includes other kinds of disasters as well, including one we can see at any time of course which is an earthquake.

And our risk management strategy which we embarked on last year is based upon this set of facts right here. Next slide please. As you know, we worked on a roadmap which was completed but yet to be posted as we're kind of fine tuning it. But we had goals for this wildfire risk mitigation strategy and just look at that very quickly obviously empower the community protect our values that was in part determined by our public survey leverage existing capacities build a whole community capacities. This is from the bottom up develop a culture of resiliency which quite frankly is something you can do. It's like a culture of safety And then become what is known as a fire adapted community because we need to learn to coexist with fire.

Something about the leverage we're already doing, we've been doing it all along but that our capacity to leverage from the community has gone up. In the last SFA grant we had which we'd completed and funded in part the roadmap 100% matches required for that grant. We turned in a 350% match so we are increasing our capacity to leverage existing capacities. Next slide please.

So out of the working group and discussions with lots of people, lots of stakeholders working with public survey. We have come up with these issues and concerns that the community has expressed as we know in emergency communications, the public need to be improved particularly in those first critical three hours Again, we're talking about a catastrophic fire evacuation improvements which includes more options in terms of shelter in place temporary refuge areas timing things like that. A loss of power to critical facilities that's All of these are a whole presentation in themselves.

Vulnerable populations, we have a high number of elderly and low income and AFN people, access and functional needs people, and Spanish speaking people that are particularly vulnerable that we have to improve our emergency planning has been much more comprehensive and expanded. And of course increase our community capacity which is the whole goal here. Next slide please.

Coming out of the roadmap has been a number of projects, some of which you've already heard about with the community sport and grazing program. We got a setback on that early on because of the shutdown. Go figure! But we are now picking that back up again and making strides in that and we plan to launch that program for the next fire season next year This goes to the mapping thing we talked about last meeting, and that was that the CAL FIRE severity zone maps provide very little use for local risk management planning. And much more fine scale risk mapping is required. So we had intended to apply to CAL FIRE in collaboration with Ventura County Fire Protection District to do this and possibly other fire safe councils in the county But that's the grant that has now been postponed till next year because the money was taken by the state.

We looked at improving public emergency communications, we have a pending National Science Foundation grant some of you have seen that the city has joined as a collaborator in that James, you've seen the application for that. It's a two-stage grant, the first one being a planning grant and we should know about that in November. We're partnered with UCSB and USGS on that.

We've talked a great deal about structural hardening but that needs to be much more widespread and comprehensive. A pending grant we have, we know about it any day now will pay for a large amount of volunteer training for structural ignition assessments and then we will do some initial Targeted assessments, assuming we get that grant or other funding. And then we're working with our private industry partner on data collection and management so that can be used to inform us on how to prioritize structural hardening in our area and provide a database for more sophisticated grant writing.

And then we've talked in the past about the community micro grid that is sort of on hold just because every, we had sought stimulus money from the state on this and many of these and that was making good progress through I bank and treasurer's office but that was frozen with a shutdown. That was the Climate Catalyst Fund, which was taken by the state. So that's off the table until next year in terms of that source of funding. And then we had a variety of assessments that we wanted to do and we're still looking for that.

And we're also working with a variety of organizations and the Department of Insurance And in particularly United Policy Holders down in San Diego, looking at how to tie hardening and standards of fire clearance and prep with the insurance companies to have them reward and incentivize those kinds of things. In fact there is a virtual investigatory meeting in October that we will be attending with the California Department of Insurance.

And then finally, we have a 2010 Community Wildfire Protection Plan that was prepared by this Fire Safe Council. The Central Ventura County Fire Safety Council has initiated with us a update of that. They have a grant pending on that, which includes us but lot of what the roadmap is doing is what they're gonna be wanting to use as guiding this update and this is a county-wide community wildfire protection plan and everything you see here will move into that upgrade.

Okay next slide please. Of course, we are continuing as best we can through the shutdown. Our ongoing work we've been doing all this time to finalize the roadmap, working on this strategy, working on vegetation management, defensible space and public education, something we've been doing for 20 years. Next slide. So what's required to reach these goals? Obviously, what is we have discussed that the plan needs from the bottom up a purposeful community focused community driven holistic, inclusive and long-term planning and funding. That's what it takes to do this that in turn requires a consistent baseline funding apart from grants and donations.

Now historically the Ojai Valley Fire Safe Council has only worked off of grants and has never actually had a fundraising program of its own outside of the grant writing but as I've described discussed earlier those grants are becoming actually more difficult to get Also grants are project-specific, intermittent, uncertain and always short term. And the bigger grants we're looking at on the more sophisticated funding is going to require shovel ready projects which mean there has to be development money there beforehand such as permitting and design and things like that.

And I will say that hold on for a second Some of these programs that we're doing, these projects they can become funded otherwise through the public. The community supported grazing program is a great example but that still requires because the community will supporting the contracts to go out and graze these key areas for field reduction and vegetation management but it still requires somebody to sit there and do the continual fundraising and management of their program But ultimately, in many ways that kind of program can become self-sustaining. But for the most part there needs to be some consistent baseline funding.

Next slide please Now, of course we had placed our hopes to some degree and I think the city had as well on measure C which is we know was successfully passed but right now that's not exactly a going concern. But hopefully that will return and in that it'll provide this funding Another thing I've been looking at is to look at possibly following Marin County's lead, and I'm introducing this for the first time. And what Marin County did was they first passed a very specific wildland urban interface ordinance that affected existing structures to some degree and substantial remodels and new construction.

Then they formed what they called a Marin Wildfire Prevention Authority. And that was by exercise of powers agreement between 17 member agencies, which was the county, cities, towns, special districts. And then they just in March passed their Measure C, which is parcel tax It was passed by over 73% support that allows up to 10 cents per square foot for improved commercial and residential, then on unimproved things based on acreage. And then there were exemptions involved. There was independent community oversight of the funding. No one funded liabilities, 10% admin cap and that launched in July of this year their fiscal years July 1 to June 30th and the anticipated revenue from that Parcel tax is 9.3 million, and Marin's a pretty small county.

It's only 260,000 people. So I'm taking a long look at that. In fact it's interesting one of our project directors on coal on the grazing program, one of her shepherds, her father is on the Marin Wildfire Protection Authority So he's coming to town and we're gonna meet and talk about this, but it is just an example of what we can do. What I want you to do is prepare a much more expanded discussion memo on something like this, and then be able to share that with the council at a later date when that's ready.

But there's something where we have to begin to address that we need to have This baseline funding, and that was even stated in the measure itself. That what Marin County and Marin Fire Safe County which led this has understood for a long time that without a long term cooperative well-funded effort that the meaningful reductions of hazards and effective risk mitigation is just not possible. You just can't do this with grants here and there and stuff like that. It has to be something this community commits to, but I think we have a plan and a platform that could really make this work well.

So next slide please. And with that more information as for the other people, and I'm ready for any questions that anybody might have.

ElectedJohnny JohnstonMayorProposed · by role19:28

Okay, I have a question for you Chris at the Marin County set up did they have a fire protection district out there?

UnidentifiedUnidentified speaker 6Proposed19:36

Fire protection district, well there's an unlike Ventura County. They have a number of special fire protection districts. So out of those 17 members, there are six fire protection districts. So they're members of the Marin Authority.

ElectedJohnny JohnstonMayorProposed · by role19:51

Okay so there are several of those and then there are a number of municipal fire departments?

UnidentifiedUnidentified speaker 6Proposed19:57

Actually, no municipal fire departments. I can actually tell you who is on the thing right here. No, that's okay. What it is, it's the county itself. I'm assuming for the unincorporated areas that it is cities and they include towns so unincorporated towns at best. I don't know how to describe that. I've read the ordinance but actually didn't describe that very well and then there are Six fire protection districts and there's two community services districts. That constitutes the 17 members, so each one under their measure C gave the right for them to place the parcel tax within their jurisdictional boundaries.

And it was overwhelmingly approved by the voters and it's ongoing. And I don't know, I mean, I've been speaking with Central Ventura Fire Safe Council to see if what do we wanna do about discuss this as a countywide effort or start local or whatever. As you said discussion but I'm gonna think about it. I want to put together a detailed memo and then actually would like to present that to the council.

0:21 – 0:279 turns

UnidentifiedUnidentified speaker 4Proposed21:04

Okay Bill. Chris following up with that directly. We have ample precedent for treating the Ohio Valley as a separate entity for various purposes, beginning with the OI area plan that is gonna continue in the county's updated general plan. What I'm trying to say is I think if you're trying to put together a proposal that's going to be supported, I would think that focusing on an Ojai Valley fire protection and fire safe area It's gonna work a lot more than trying to make it county wide,

UnidentifiedUnidentified speaker 6Proposed21:46

in my opinion. I'm actually really glad to hear that because I'd rather do it that way. Our focus is Yohai Valley area for the council. That's our focus as leaders in this

UnidentifiedUnidentified speaker 4Proposed21:58

thing. And it's a special topography and leadership. Yeah, that's true. And real quick also there's- Randy has his hand up

UnidentifiedUnidentified speaker 7Proposed22:07

but I'm sorry. Thank you, Johnny. You know Chris it's interesting First of all, I remember the December conversation and I was extremely excited. If I could have figured out how to convince everyone to fund you then I would have. But I'm gonna take a different approach than Bill's because I think something like this, I see your group the same way that I look at the Green Coalition.

They're representing a lot of people and a lot of interests and could never get funded You know what little money that we gave them on an annual basis, the county wouldn't give him any money and they were representing just as many people in the counties or where the city. I'd be very interested to sit down with you and with Babs and a couple other people and actually talk about what it would take to create something for the City of Ojai only.

Okay. And start from that premise, that what could we do? Because again I don't think we'd be interested in spending Measure C money on county property or county areas. That's just my take it's and it's just my opinion only it's not anyone else's but if we can create something that's within the city That captures the city problems and concerns and needs, I'd be more than interested to sit down and figure that out. And I think that's what BAB presented to us at the last council session. I've received other letters from other concerned citizens regarding the same thing. What can we do to harden our own community off? Without getting caught up and trying to harden everyone else off. I think our concerns are ours, and if we can set an example as to how to do it, it would make it easier to take it outside of our city into the sphere of influences in the Ojai Valley.

That's just my thoughts.

ElectedJohnny JohnstonMayorProposed · by role23:54

Okay, I'm gonna go back to Bill, I promise, and then I'm gonna go

UnidentifiedUnidentified speaker 4Proposed23:57

to Susan. Really quick Chris, and to speak to your point Randy when we talk about agricultural wetted areas is as areas to help protect us for fire resiliency. That's inherently county and not city. So I agree with you as a start, but there's also it's going to be very hard to separate with the city lines. Chris, the other comment I want to make is there's a lot of overlap, I believe between fire resiliency and water resiliency. For example, we're talking about a Rondo removal which is a fire risk and water depletion. Agricultural wetted areas if we develop agreements for handling solutions to the adjudication that disproportionately affect ag We could have the unencountered consequences of encouraging fallow areas that take those wetted ag areas out.

So please stay in touch with us on the sort of, especially the higher level information that you develop because there are a lot of overlaps.

UnidentifiedUnidentified speaker 6Proposed25:00

We understand and I was going to speak, but I do want to go to the point where I think the point you're making Bill poor as opposed to what Randy says I agree that there are things that there are things to do within the city. Hardening of course is structural hardening and how we do that and is very important, but The threats to the Ojai City is outside the city limits as well. So there is a sphere that we have to deal with if we want to protect the city, so how we divide that up and how we maintain the funding within that area, the Ojai Valley planned area then that's what we have to do but we do have to address things outside of the city limit to protect the city.

Okay, Susan.

UnidentifiedUnidentified speaker 8Proposed25:46

Well that's exactly what I was going to say the vulnerable areas are outside of the city it seems to me that a fire within the city most of those if it starts in the city can be handled by a fire department and as we saw where as you like to say Mayor Johnny it were the donut We're the hole in the donut and we are much, much safer and less vulnerable than the surrounding area. It's impossible to separate the city from the unincorporated area is my feeling.

ElectedJohnny JohnstonMayorProposed · by role26:19

Right but we have to remember we have a fire protection district that has responsibility and mutual aid agreements for those areas around us. It gets into the city, any fire marshal will tell you that the real intensity when you see these horrible pictures, these tragic pictures on TV. Once it gets into a built up area, it is the man made built structures that are the problem they burn much hotter than does the chaparral. So it is a difficult thing to try to figure out how to do it but parcel tax is certainly one Based on something that's an allocated benefits allocation based on value. Do you have any other hands on this? Chris, did you have something else you wanted to add?

0:27 – 0:3412 turns

UnidentifiedUnidentified speaker 6Proposed27:07

Because we, by some luck I suppose, missed the fate of Paradise which just was evacuated again by the way. We have people from Ojai whose house burned down in Paradise, rebuilt it and moved up there just to get it evacuated again. So what Mayor Johnson said is absolutely correct and that is that what levels our community is house-to-house ignition. But what starts the first house going is not direct flames because if that's rare, I mean it can be the cause but it's rarely the cause. I mean from the actual burning vegetation. That's why you have a hundred feet of dispensable space because 100 feet will cut off the radiant barrier of that heat from open flame of vegetation.

What burns it down is the ember casts, the fire brands And those can come like an autonomous fire from over a mile away. So, hardening our community is actually by the Fire Safety Council saying that's one of the absolute priorities because no matter what we do as the vegetation grows back and we want a healthy chaparral watershed up there then we're going to have ember cast in such a storm again, such a firestorm again So what we do in the city limits and for our structures is of utmost importance. But as we know, that takes a lot of data than it takes money and politics and everything else to get that done. So but the programs that we've outlined here are to build that understanding that database under and train people to do the assessments.

And then we can take the next step of looking at how do we fund people in various tiered fashions to get this done? And we can do that through prioritizing and tiering what we do to people. But that takes a coordinated funded effort to do that.

ElectedJohnny JohnstonMayorProposed · by role29:04

Okay, well thank you very much for sharing with us. Thank you. Appreciate the time you've taken. Okay-

UnidentifiedUnidentified speaker 6Proposed29:12

And I will be in touch because obviously this is something to discuss directly with you people. I understand that to be the case. Okay all right thank you for your time. I appreciate it. You have a question,

UnidentifiedUnidentified speaker 8Proposed29:27

Susan? It's just to everyone. We've had a number of public comments about not allowing people to have fires on their property and I've had calls from people whose neighbor are burning a large part, barely unattended fire near their family. Okay well

ElectedJohnny JohnstonMayorProposed · by role29:47

that's a topic for later right now.

UnidentifiedUnidentified speaker 8Proposed29:50

But I thought for the public let's seize the moment because it's so important James said that there is That the public can do something about that, it's illegal. It's so important we should seize the moment- Okay

ElectedJohnny JohnstonMayorProposed · by role30:06

I agree and we can do that under council reports and announcements at the end of the meeting. Chris thank you for coming

UnidentifiedUnidentified speaker 8Proposed30:12

in. Wait Mayor Johnny.

ElectedJohnny JohnstonMayorProposed · by role30:14

Sousa! Soussa! Soussa!

UnidentifiedUnidentified speaker 8Proposed30:18

You're mistaken it's a public comment. We're at 730.

ElectedJohnny JohnstonMayorProposed · by role30:22

Soussa if you will stop I will then go to public comments. Okay. Chris, thank you for coming and we will move out the agenda. Thank you. So we are now at one minute past but I'm going to credit you with a minute Susan. It's 7 30 it's public comment time and I have cards from three people that I don't think is specifically what you were talking about but it may get blend into that.

We are ready for the public comments and I think River is the first one up.

UnidentifiedUnidentified speaker 8Proposed31:28

Yeah, this is actually my goddaughter's resume account that I use. So I don't know why it's not showing me but anyway, I had sent a letter to the city manager and to the arts council and to you guys, the city council about proposing to have our Ojai day mandala in a modified form this year And we feel that we could, we looked at the park. I sent the email with kind of a very rough sketch. Did you guys get that?

Okay and so we're proposing of doing it socially distanced. And we would like to be able to use the supplies that we already have. We would not need to purchase any more supplies or tools, we have them all in the storage shed at the Boyd Center which is usually where we go. We would just need some help usually we get one of the city vans transports it to us and we would like to do it around the fountain and down the walkways and Connect it all so that it would be cohesive. We think that would bring a lot of joy and happiness in a time That's very challenging for us and just And we were proposing doing it Monday through Thursday during the week so that we have mostly locals and the weekend seemed to be very busy with tourists and who might not be engaged in our community in a way that they would be following the instructions.

And we would like to, so we're proposing to do it for full days first two days and then partial days the second two days where we will be there in the afternoon. So the children when they get off of school could come over and paint. And so we would probably talk to Tiffany Morse If you guys okay us to let the children know that that we're doing that. And we did, I did put a little proposal there if we could have an honorarium, if that would be able to be put in the budget because we all are.

We're all women. And, but we don't want that to get in the way of us being able to bring this into the community. So I want to ask you to consider it. This would be our, this is our 28th year and it's interesting because if you go by numerology which I just love to look at numbers and stuff, that's a one-year two eight is 10, which is a one year so it's a new beginning on something new.

Yep. Okay.

0:34 – 0:4117 turns

ElectedJohnny JohnstonMayorProposed · by role34:22

Next we have Patricia. Is that the right pronunciation?

UnidentifiedUnidentified speaker 4Proposed34:29

Can you see me? Okay, can you hear me?

ElectedJohnny JohnstonMayorProposed · by role34:31

Yes.

UnidentifiedUnidentified speaker 4Proposed34:33

Hi Patty!

UnidentifiedUnidentified speaker 9Proposed34:46

Hi. Well, anyway um hello everybody I'm really glad to see that you all are looking like you're staying healthy during this really strange time and i want to thank you for all your efforts to protect the health of the Ojai residents and to keep the city running as smoothly as possible Thank you. Regarding the middle Stewart Creek Canyon restoration project I understand that the goal is to replace nonnative trees and bushes with native species.

However, I am really concerned as are many of us concerned with the use So with all of the crazy, you know what we're dealing with COVID-19 it's really highlighted how critically important our outdoor space and parks are. And we really object to the use of any kind of herbicides in this project. The health of the wildlife, the pets, the people and the soil are all negatively affected when exposed to glyphosate. I did send you all an email with I would like to start with information if you take the time to look at it.

Towns around the country are taking steps to ban glyphosate and other harmful pesticides. And the organization non-toxic neighborhoods has a webinar how to ban So, please keep in mind that glyphosate since July 2017 has been listed as known to the state of California to cause cancer. I sent information to you regarding that. I'm sure you're all aware that there have been huge amounts of money paid out. There was a New York Times article about Roundup The roundup maker to pay $10 billion to settle cancer lawsuits.

Another reason not to use glyphosate is that the Western monarchs have declined by over 99%. And a key factor in their decline is glyphosate. So we're asking you to take a pause and reconsider your approval for this project to make sure that they do not use herbicides, but the herbicides are not allowed. So please protect the health of the land, the water, the wildlife people and pets in Ojai. Thank you.

ElectedJohnny JohnstonMayorProposed · by role37:26

And thank you Patricia. Okay. Susan, you had something you wanted to say?

UnidentifiedUnidentified speaker 8Proposed37:31

Patricia if you're Patty, are you still on the line? We are going to be discussing, we are pulling item I which is on the Stewart Canyon project if you want to stay on and listen to our discussion. That's all. Is it my turn now Mayor to talk about the fire comments?

ElectedJohnny JohnstonMayorProposed · by role37:58

No, we're doing public comment aren't we?

UnidentifiedUnidentified speaker 8Proposed38:03

We had at least three public comments about asking us to immediately outlaw any open fires. The reason it's awkward is because-

ElectedJohnny JohnstonMayorProposed · by role38:14

Just a minute, Sousa are you making the public comment? No

UnidentifiedUnidentified speaker 8Proposed38:18

but people can't we don't have a we're in a zoom meeting and not everyone knows how to access I guess.

ElectedJohnny JohnstonMayorProposed · by role38:26

Well, could you wait until it is returned then? Okay we're doing public comment and I will call on you to make an announcement okay Mary Kennedy

CommentMary KennedyProposedself-stated38:40

Hi, can you hear me?

ElectedJohnny JohnstonMayorProposed · by role38:41

Yes we can.

CommentMary KennedyProposedself-stated38:43

Okay hi I'm with the Mandala Mavens River Evergreen and myself my name is Mary Kennedy I live in Ojai. I think river said it best the proposal we really want to do a mandala because we have no Ojai day happening this year and the mandala is painted with water-based tempera paints We plan to paint around the fountain in Libbey Park, and we'd like if the mandala could last until the rains wash it away or until it gets worn away. We're kind of proposing a big bouquet of flowers, something happy from all of the...

It's been a crappy year. Something to boost people's spirits just like Ojai Day does when we have it. Let's see, I'm just picking up with things that I am trying to think that River covered most of it but basically right now we need permission there's a lot of work involved for us to do before the date comes and again where I think we're planning on October 19th through the 23rd so if we can get a green light from the city that it's okay to use the space.

We can start our planning, we need to mix paint, we need to do a lot of things so just you know if it's a go with the city then you know then we can begin or if you guys need to discuss logistics of those things also Again, we do plan to abide by all the COVID restrictions of social distancing and the things that we have planned can easily keep people distanced apart and things like that. So yeah, it's a fun project anyways. Thank you.

ElectedJohnny JohnstonMayorProposed · by role40:41

Okay, that's all the public comments. Now Susie you have an announcement you wanted to make for the benefit of the public about the rules on outdoor fires? Is that what your...

UnidentifiedUnidentified speaker 8Proposed40:50

No well yes but the point is that we received at least three public comments from people who are concerned About outdoor fires, and I've also received personal messages from their neighbors burning an open fire. And so while we were on the topic of fire, I wanted to ask James to explain to the public what the regulations are about open fires during this high risk fire season or all year long actually?

0:41 – 0:4618 turns

ElectedJohnny JohnstonMayorProposed · by role41:28

The fact that we had someone do a presentation on fire didn't change our agenda to this is not a topic. And I'm sure James will be able to do that or we can do that at the end of the meeting, but it is not a new thing so I'm not quite understanding why you're insisting at this point in the agenda that we do this.

UnidentifiedUnidentified speaker 8Proposed41:48

What I'm trying to say, I'm trying to represent the public who is not able to make their comments behind the podium.

ElectedJohnny JohnstonMayorProposed · by role41:55

Why have they not sent the comments to Lisa?

UnidentifiedUnidentified speaker 8Proposed41:58

We have them. We received them this afternoon at five o'clock.

ElectedJohnny JohnstonMayorProposed · by role42:03

That's what's on my...

UnidentifiedUnidentified speaker 8Proposed42:06

Yes, we have them. I have them here in front of me.

UnidentifiedUnidentified speaker 3Proposed42:09

I think there is one or two comments. Well, one comment about fire from Michael S. Swanick, I think.

UnidentifiedUnidentified speaker 8Proposed42:17

Yes and also from Betsy Watson, a Taormina.

ElectedJohnny JohnstonMayorProposed · by role42:21

Okay, let's go to the staff. James do you have public comments? I received a sheet from the clerk and i don't have what you have apparently

UnidentifiedUnidentified speaker 3Proposed42:30

okay yeah apologies for that we do have um we do have a uh a few public comments i'll just read the name and in the subject they have been provided to the council of will resend it to make sure that they've gone One was from Leonard Clay regarding pickleball, which is not on the agenda tonight. But that comment's been provided to you. Russell Sidney wrote a comment letter but it's regarding consent item I supporting that project for fire prevention.

Michael Swanick sent a public comment about Ojai needing a law outlawing open fires And to that point, I can keep it very brief. The City Code Article 2 Section 3-4.201 requires a permit for any open fire so if anybody witnesses an open fire they can call either the city's code compliance or if it's outside of hours non-emergency PD or I guess depending on the fire you know even emergency PD maybe Called it at some point, but that can be called in. We have to my knowledge we haven't received any calls so

ElectedJohnny JohnstonMayorProposed · by role43:43

would you repeat that for the public in case anybody's listening to that number?

UnidentifiedUnidentified speaker 3Proposed43:47

Yeah so our city code requires a permit to ignite or burn in the open air any open exposed or outdoor combustible waste material and there's more to it than that Article 2, section 3-4.201 of our city code and so it's available online but again call the city's code compliance or the non-emergency PD if somebody is you know starting a fire and you witness it. So that was that one we also have a comment about small wireless facilities but we'll mention that at that time And two comments about small wireless facilities that we'll mention at that time.

So those are the public comments we

ElectedJohnny JohnstonMayorProposed · by role44:36

received. Susan, do you have others that were submitted that somehow didn't get to me?

UnidentifiedUnidentified speaker 8Proposed44:42

Well embedded in here is a comment in the letter that James mentioned. There's a comment from Betsy Watson. She said there were four fires at the Meadow Preserve I would like to fact check that someone is starting fires there or whatever.

ElectedJohnny JohnstonMayorProposed · by role45:06

That's arson, I would think.

UnidentifiedUnidentified speaker 3Proposed45:11

Call the police if you witnessed that. I have not heard that other than that comment. The chief is probably in council chambers. I was trying to do it from my office for technical reasons so we could ask the I don't know, Gail, Deputy Clerk Gail you're probably in there with the chief. Are you able to ask him that?

UnidentifiedUnidentified speaker 2Proposed45:38

Here he comes.

UnidentifiedUnidentified speaker 10Proposed45:41

Hi, good evening everyone. There were some reported, I'm not even going to say arson but there were some reported fires in a very small area in the preserve. I believe there was a couple cases that were reported to the PD and we responded out to that But I am also hearing there were a couple other incidents that have occurred. But it looks like they were not reported to police, but probably to the fire department and they were handled by them.

And usually if there's a fire in an area like that, fire department will go out do an investigation if there is any evidence of An arson or anything like that versus accidental, they have fire arson investigators that can respond as well as notify the police department where we can get a deputy out there to also assist with the investigation.

0:46 – 1:0233 turns

ElectedJohnny JohnstonMayorProposed · by role46:44

Susan, are you thinking that people have gone out there to have a weenie roast or camp or something? Or is this just that they've had fires break out and that the fire department has dealt with it. I think the public in general knows that you're not supposed to do that but it's always good to remind them so okay. Okay,

UnidentifiedUnidentified speaker 8Proposed47:03

where was item I Bill?

ElectedJohnny JohnstonMayorProposed · by role47:14

Yeah, we got that point? I think so.

UnidentifiedUnidentified speaker 4Proposed47:17

Yeah

ElectedJohnny JohnstonMayorProposed · by role47:17

okay. All right sorry for the confusion guys.

UnidentifiedUnidentified speaker 4Proposed47:21

Apologies

UnidentifiedUnidentified speaker 3Proposed47:22

for

UnidentifiedUnidentified speaker 4Proposed47:23

that thank you. I pulled item i because for a couple of reasons the first being that the packet that I have includes the document for approval with PACS environmental and with the crew but I do not see the document in the packet for item number one, PW 2020-02. And you know I'm always reluctant to approve something that we don't have officially in the record. We have a description of PW 2020-02 but not the actual document and we have a description and so that's problem number one I think. Problem number two is the description Because it appears and as in a bit of context, both Councilperson Francine and myself. And of course we also received feedback from a neighborhood that I think our citizens are expecting.

And certainly Councilperson Francine and I certainly saw the wisdom of including a level of discretion, a granular discretion in the execution of this grant that appears by description to not be there. For example, the description on scope of page four of eight specifically says that the state licensed tree contractor to remove and I emphasize all large trees. Trees greater than 24 inches in diameter and any smaller trees requiring climbing when There's been a fair amount of discussion that we want to have some discretion over the all or nothing approach. We certainly fully agree with the principles of this grant, but not necessarily removing all when we don't know what all means.

For example, does that mean if it's on the edge of 100 feet from the stream bed we necessarily it's all? Or maybe that tree could be best left for other criteria other than just ecology like neighborhood concerns or neighbor concerns for habitat, community concerns for view shed et cetera. And then also more to the point of that as well those are the most expensive removals I, it doesn't appear that the discretion is built into the RFB. It also specifies that replants will only be one to five gallons in size where we talked some degree about how a better outcome might be to forego very selectively some of the large trees far away from the stream bed And free up funds for larger specimens that would have a higher degree of survivability and quicker restoration overall.

Also, for example the crew agreement talks about monitoring for non-native regrowth on a longterm basis but doesn't specify who actually pulls the weeds if they're identified. So I guess what I'm trying to say is, I thought we were gonna have some granular discretion here. There was some granularity in terms of executing this grant and I wouldn't wanna have any exercise of that discretion trigger change order. The flexibility should be built into the RFP and I don't have the document to be assured about that. And so it's very difficult for me to vote yes on something that isn't explicit on those major points. Those are my

ElectedJohnny JohnstonMayorProposed · by role51:16

concerns.

UnidentifiedUnidentified speaker 8Proposed51:19

I want to express my support for Bill's comments. Bill and I spent considerable time both with the neighbors that will be directly impacted by the project, and then a second time we walked the land with James and Greg Grant And every time that I walked the land or the creek bed, you know my understanding of the project. It improved and it's, you know, and I felt I feel like we still need to do more outreach to educate the public what this is about.

I know we've tried. James wrote a great press release, but the first thing that when I saw this on the consent calendar, I couldn't understand why something that's of this magnitude and so important to the community and the future of Ojai Why it would be on the consent as a consent item when we've had so much, but we have you know a stack of letters from the neighbors with excellent feedback and things to discuss and consider. I don't know where to go with this But and also like Patty Pagelin expressed her concern about the use of pesticides. And the lead, the biologist or whatever his title is Tom Scott-Thompson's he explained to us that the use of pesticide that what the only pesticide are

ElectedJohnny JohnstonMayorProposed · by role52:42

you... Do you mean herbicides?

UnidentifiedUnidentified speaker 8Proposed52:45

It's something that he needs to explain to the public. Because my understanding when he explained it was that it won't, The tree trunk, and help me out Bill if you can. But it won't spread into the water or affect wildlife or anything like that. And that's the sort of thing that the public needs to understand and I don't have the background to explain it. And I wish he was here to explain things to the public. The public still has a lot of questions about the project I don't know what the next step is, but we need to approach this thoughtfully so that people understand and support the project.

UnidentifiedUnidentified speaker 4Proposed53:39

I think the main point here, I think Susan and I are both trying to make is we want to be assured that the request for bids doesn't preclude The kind of granular flexibility to address community concerns that we're not delegating. So when I see the description being all, that seems to be delegating that flexibility and we've got to have that in there for my vote yes.

That has to be still there. I'm willing to go forward with this when I can be assured that flexibility is there and it's gonna be responsive to community concerns, and then we can make the kind of high level trade-offs in service to the overall goals here and not having come back and say oh well if we make that adjustments as a change order now that flexibility should be built into the bid

ElectedJohnny JohnstonMayorProposed · by role54:34

Well, a question for the city manager. What is the length of time for advertising the bid?

UnidentifiedUnidentified speaker 3Proposed54:42

Yeah, so I have the public works director on the call because he has been working with the biologist on the request for bids over the last couple of days. So he would be able to answer that question.

ElectedJohnny JohnstonMayorProposed · by role54:55

The reason my question is there time for us when one says all that is an obligation The person submitting the bid to pull back on that and to be able to say, well we don't want this done. If we've got a period of time to do that and we've just got a blanket responsibility, before we award the bid, we could make some of these adjustments that seem like maybe might need to be made. On the other hand, maybe by the time we all get educated, maybe it's fine. It's just matter of communicating with the public. Randy?

UnidentifiedUnidentified speaker 7Proposed55:33

Is James, is there an environmentalist biologist included in this package that the entities that we're agreeing to this contract with or that will be bidding on it have some form of supervision onsite? It seems like the concern that I'm hearing is that our staff doesn't have the biological background to make determinations. or sound determinations on this project. So the question is in the bidding process, can we include the fact that there'll be a biologist or an environmentalist onsite helping coordinate and interact with the agencies that are contracted as well as the public, as well as the council?

UnidentifiedUnidentified speaker 3Proposed56:15

Yeah, yes, the biologists that Council Member Bernstein and Council Member Weirich mentioned is part of this project.

UnidentifiedUnidentified speaker 7Proposed56:22

Then we have one.

UnidentifiedUnidentified speaker 4Proposed56:25

That's part of the package, item number three.

UnidentifiedUnidentified speaker 7Proposed56:28

Bill what's your concern if we have a biologist that he can't make the right discretionary determinations to move this project forward?

UnidentifiedUnidentified speaker 4Proposed56:37

Because I do not want to... We have a responsibility to address community concerns and not delegate that to a biologist who may have concerns that don't necessarily align perfectly with the community And in terms of making certain trade-offs, like certain expensive trees to remove versus size of plants for their replacement. In other words, I don't think that this is something on a policy level that can be completely delegated to a professional biologist. That's critical information but it's information that has to be incorporated into overall judgment

UnidentifiedUnidentified speaker 7Proposed57:21

Again, I think your concerns are valid. I think both Suzanne and your concerns are valid. I'm just trying to figure out how to move this project forward. The other thing is if we have a biologist...

UnidentifiedUnidentified speaker 4Proposed57:31

Does that flexibility build up to the bid?

UnidentifiedUnidentified speaker 7Proposed57:34

If we have a biologist on Staff and on site. Is there any, is there anything that we could write into the wording prior to proceeding that they write a plan of production? That is reviewed by council or does that slow the process down? Or does that help Bill and Susan mitigate their concerns and issues? So if you who's ever doing the first large tree removal or small tree removal or whatever they're doing, that they submit something to us prior to them moving forward.

We can post that and if we have concerns, we deal with it. If we don't, we let the experts do what they're supposed to do.

UnidentifiedUnidentified speaker 4Proposed58:16

I agree and as long as we have that ability in there that it doesn't say oh, if we do that, it's change orders. As long as that flexibility is built into the process, I'm fine.

ElectedJohnny JohnstonMayorProposed · by role58:25

Yeah. Do I understand correctly Mr. City Manager that the objective of this particular project or grant Water situation by not having all this, you know the vegetation consuming and what they call it transpiration or whatever pulling water out of the creek. At the same time it's removing the fire hazards that are there is that right?

UnidentifiedUnidentified speaker 3Proposed58:53

Yes, and restoring habitat as well. Those are the three main goals.

ElectedJohnny JohnstonMayorProposed · by role58:57

Okay so we're going to have a problem of getting this done I hope it doesn't take five years like the thing out on the highway the ATP grant both water and fire are reasonably urgent so it seems to me we got to be able to maybe parallel these things and not hold one up for the other if that's what Randy is getting at I think.

UnidentifiedUnidentified speaker 4Proposed59:17

And I want to proceed I just want to make sure that granular flexibility is in there And right now the description doesn't say

ElectedJohnny JohnstonMayorProposed · by role59:26

that. Did you say the public works director is available to verify that there would be latitude? If not, we carry it over for two weeks.

UnidentifiedUnidentified speaker 3Proposed59:37

Yeah and I know he's been working on this the last couple of days and we didn't have a chance to check in before the meeting so if Mr. Grant looks like you're on the call if you can update us.

UnidentifiedUnidentified speaker 11Proposed59:48

Yes can you hear me? Okay, right. I did want to address that. I'm sorry. Well the text in the administrative report that says all the intention of that was that the CCC, the California Conservation Corps and the crew will not be doing any large trees. That's all... The large trees are being handled by the contractor and it was the intention originally to remove all trees but I know there's been a lot of discussion with Councilman Wyrick and Francina with some of the neighboring properties. We do have flexibility, I want to assure you that it says the larger trees, the 24 inch plus trees will be removed by the contractor but we have flexibility. The bid form has the number, the total number of large trees but built into that It's flexibility for plus or minus 25% or even more.

So there's, for instance, there's 40 large trees so at 25%, we could add or subtract up to 10 of those trees. So that would give us plenty of flexibility and that discretion is by The city is directing and managing this project, supervising it. The biologist monitoring is intended to monitor things like the stream habitat, the nesting birds to make sure there's no nesting birds in any of the trees and that the trees that are protected are properly protected. There's certain restrictions in the tree management plan that protects the trees and so on.

I just want to assure you there is plenty of flexibility on that. And I think it's already been discussed internally here that our priority would be close to the stream bed and further from the stream bed, especially up in the northern area where we've got some visual impacts with some of the neighbors. We're looking at leaving some of those trees or some of the other suggestions for trying to plant trees early.

One of the people we're really seeing if we couldn't plant trees and immediately or simultaneously as a tree is removed to try to get those growing. For instance, sycamores I think we all know grow pretty quickly when we get water on them. So I think those were a few of the areas you were talking about. The biggest thing will be if we get this request for bid in below budget, we have flexibility to move that line item of money to other areas where we can help supplement the project.

1:02 – 1:1830 turns

ElectedJohnny JohnstonMayorProposed · by role1:02:20

For the bid was approximately 30 days. Okay, so if we were to approve this then Councilman, the council members that have a concern with the granular level could meet with you. And express that and be assured that what their concerns are matching what you understand the bid to contain. Because we don't have to award the bid if there's a major discrepancy, but I think probably the staff and the biologists should be able to work with you on that and give you the comfort level Now, it doesn't address getting to the community. The community is gonna have to pay attention to it. I know how all of us say we're listening and then until he gets in our backyard and then we get real concerned as to what they do.

Even sometimes when you hire the tree trimmer yourself in your own yard, you should be careful and be there. Randy?

UnidentifiedUnidentified speaker 7Proposed1:03:12

Mayor Ryan wanted to speak and then I'll speak after Ryan.

ElectedJohnny JohnstonMayorProposed · by role1:03:15

Okay. You're muted. It's alright go ahead.

UnidentifiedUnidentified speaker 7Proposed1:03:22

Well, I was just going to say that getting back to Greg it's not the amount of trees and having the plus and minus of 25%. I think the concern is the when, the where and the how. So in other words you know when you go to the thinning we're just not gonna just start chopping down trees in the middle of the waterway. I think the suggestion here is that we do this thinning process in a logical and professional and ecological manner. So as we're not just falling trees and destroying everything that, that we're trying to accomplish, you know, again thinning here, thinning there I don't know why we can't have some form of a plan. I don't necessarily know if it has to come back to council, but I would think Greg Grant would want something in writing so if there was a concern he could then pass it on and educate it to the public or if there was a concern after something drastically happened that he could bring back to council what the plan was and what the failure of the plan was.

So I understand the concerns. I think my concern is the word granular because it really sounds fine and small, and that to me is micromanaging. So those are just my thoughts.

UnidentifiedUnidentified speaker 5Proposed1:04:48

Mr. Mayor, with that I will add what I was going to say because Randy set it up too perfectly. The only thing I was going to say is that the term granular flexibility is code word for micromanaging things so badly it never gets done and when I hear granular flexibility that sounds like a euphemism for destroying the project by being a overly sensitive to so many things. This has been on the books for a long time, we have professionals involved, we have multiple opportunities to get public input. I'm glad that now that we've gotten this to this far, we're getting some direct public input but the idea that we're gonna build in like council members standing in the area in the back while the experts are there telling us which trees need to be removed after it's already been decided is a little much.

Like I am very concerned that the, we can't ask every contractor to bid contracts with non-change items just all conditioned on what we decide later on. We've seen that with ATP. We've seen it in the history of the city for a decade, for multiple decades. This ends up being where we get stalled out and not get a good result. And I absolutely want to incorporate the public input that's there But I don't want to get carried away with granular flexibility.

ElectedJohnny JohnstonMayorProposed · by role1:06:08

Okay, do you have a motion? It sounds like you're ready for one.

UnidentifiedUnidentified speaker 5Proposed1:06:12

Well, I don t have a motion. I just want to comment on the granular flexibility problem.

ElectedJohnny JohnstonMayorProposed · by role1:06:17

Okay, well, I would make the motion that we approve what has been submitted if our understanding of the flexibility that Greg has given us is we have a 30 day period in order to check or verify that for those of us who are skeptical bill.

UnidentifiedUnidentified speaker 4Proposed1:06:33

First, I'll second that Mayor and in service to the motion. I have a question for Mr. Grant is the planting plan for restoration effort going to be completed prior to the beginning removal of trees or is that going to be ongoing during the removal of trees in terms of the restoration plan?

UnidentifiedUnidentified speaker 11Proposed1:06:56

Right, it'll be completed beforehand. That's part of the permitting through the CDFW, the California Department of Fish and Wildlife. There's an extensive biological assessment planning plan and so on that's being reviewed and circulated with CDNF right now.

UnidentifiedUnidentified speaker 4Proposed1:07:13

And so I'm okay with proceeding with this but Ron, I am going to take issue with you. We're elected officials expressing community concerns we don't delegate that judgment to Democrats

ElectedJohnny JohnstonMayorProposed · by role1:07:27

Randy.

UnidentifiedUnidentified speaker 5Proposed1:07:29

Just to respond, I like to get stuff done.

ElectedJohnny JohnstonMayorProposed · by role1:07:31

Okay, I'll give you a chance. I'll be right back to you for the debate. Go ahead, Randy.

UnidentifiedUnidentified speaker 7Proposed1:07:35

Just to clarify, I would like Greg Grant to put this dialogue that we're having tonight in writing and to attach it to our council report coming back to us I get lost in the hearsay and I get lost in the, yeah, I'll get back to you. I want something in writing clearly stating Susan's and Bill's concerns and how they're gonna be handled or mitigated in the future.

ElectedJohnny JohnstonMayorProposed · by role1:07:59

Okay, it's Ryan gets to say and then I'll come to you. I'm pointing the screens out then come to Susan. Well, I'm

UnidentifiedUnidentified speaker 5Proposed1:08:06

not gonna direct my comments at a direct council member. I don't appreciate that but I do think that we have an ongoing problem of micromanaging the crap out of things. And now all of a sudden, the part of our city hall campus that has been neglected for decades and nobody has any attention on all this sudden has so much attention. We have upon pickleball a climate park. We have this grant, we have so and now all of those things that have been set in motion. Now we're listening to everybody and it sounds like a pinball going back and forth on how far away we are from figuring out what we need to do. We cannot look a gift horse in the mouth there is such a difference between delegation and management.

And I am not willing to overlook that this is an important space that we need to be protective of and we need to get it right. But I also think that we are setting ourselves up for the same trap that this council and the city has fallen into so many times. That here we are with finally getting something moving, and it feels an awful lot like we're setting it up to be so micromanaged that it locks itself up and doesn't get a good result. And I hope we don't start that process now. This is something really positive that we're moving forward on with a lot of moving parts going on our campus. And if we're going to treat everything like this back there and not rely on some of the volunteers, the experts, the donations and all those. I don't consider that a delegation.

I consider that an appropriate level of incorporating the community's willingness to help us get something done so we get it done. So I just wanna lay that out

ElectedJohnny JohnstonMayorProposed · by role1:09:42

there. All right, okay, thank you. Are we ready for Susan?

UnidentifiedUnidentified speaker 8Proposed1:09:45

Oh, I just want assurance Greg Grant that you read the latest email from Michael Marino which suggests three modifications. and focus areas for the project. I thought, you know his comments are so thoughtful. I just want to make sure that you saw that and that's the sort of thing it's not micromanaging the neighbors that are there have they wanna understand the project they wanna help and they've made very good suggestions that we might not otherwise have had had the neighbors not been allowed to weigh in They live there. They see the area all the time.

ElectedJohnny JohnstonMayorProposed · by role1:10:28

Greg, did you get that report or the comments? I saw it in the email. It was fairly thorough.

UnidentifiedUnidentified speaker 11Proposed1:10:35

Yes, I did. And I just want to also mention we've met with neighbors in that area several times and I believe you have and Council Member Juarez has as well. So we're really trying to address their comments. We're not ignoring those in any

UnidentifiedUnidentified speaker 8Proposed1:10:46

way. May I finish? Ryan, I want to assure you That there's nothing that was said tonight, that Bill and I are not already aware of. We share your concerns. And we've taken the time to educate ourselves about the project and I think we deserve some credit for that.

ElectedJohnny JohnstonMayorProposed · by role1:11:11

Okay, it always goes there. Okay, are we ready for a

UnidentifiedUnidentified speaker 4Proposed1:11:17

vote? Mr. Summers has his hand up.

UnidentifiedUnidentified speaker 1Proposed1:11:20

Yeah, thank you Council Member Weirich. It's unclear when I'm on the screen if I have one final legal comment the discretion that is uh on the table here is included in the technical specifications in the request for bids that would become the technical specifications in the contract if that were to be approved as bid out by the council namely requiring that for the specific plan For the trees to be removed, to be determined by the public works director and to include some but not all of the red gum and iron bark eucalyptus trees. So the contract does bake in that discretion although I'm not sure why it wasn't in the packet packet.

ElectedJohnny JohnstonMayorProposed · by role1:12:01

Thank you. Okay we have 30 days for those who still remain a little concerned or skeptical to contact the Public Works Director and get the granular level Okay, we have a motion and the second. Do we need to roll call on this one? Because-

UnidentifiedUnidentified speaker 1Proposed1:12:20

No consensus is fine or actually what I scratched that we're approving the fair amount of money as well.

ElectedJohnny JohnstonMayorProposed · by role1:12:25

Yeah, right amounts okay will the clerk please call the roll.

Roll-call vote Passed 5–0 motion and the second. Do we need to roll call on this one? Because- No consensus is fine or actually what I scratched that we're approving
Show transcript
Mayor Pro Tem Blatz. Yes. Mayor Johnston. Yes Council Member Francina. Yes Council Member Weyrich Yes. Council Member Haney? Yes.

Okay, motion carries unanimously thanks guys okay we are now on we have a public hearing fences walls and hedges okay so I guess Mr City Manager you want to introduce this yeah open the hearing

UnidentifiedUnidentified speaker 3Proposed1:13:07

yes thank you We have just a quick, brief presentation as this issue stems several years back. So we just wanted to kind of restate where we are and how we got to this point. Currently the city's current code has existing regulations for fences walls and hedges which limit the height of fences walls and hedges to three feet in the front yard area Fences and walls have a five feet minimum setback from the public right-of-way.

And setbacks for fences, walls, and hedges over three feet are based on the closest wall of the primary structure, meaning any fence or wall that's over three feet high can only be built even with the primary structure. It can't be built in the front setback. The current regulations for fences, walls and hedges. There's currently no review or permitting process for fences, walls or hedges.

Chain link fencing is discouraged but not technically prohibited and barbed wire and razor wire are omitted from the city code. So the City Council in 2018 directed the Planning Commission to review the requirements for fences walls and hedges and make recommendations In early 2019, the Planning Commission reviewed and provided recommendations to the City Council including the elimination of the five foot setback for fences that are three feet or less in height.

Meaning that fences three feet or less could be built up to the property line. A recommendation to allow fences four feet in height if set back five feet or more from the property lines so after that initial five feet you can go four feet in height Harmon Zuckerman, PB He, Him, His): Is basically what they recommended Harmon Zuckerman, PB He, Him, His.: : They also recommended requiring a five foot setback for hedges and eliminating the three foot height limit for hedges within within the front yard setback. And then they also recommended establishing a minimal or no fee process for reviewing fences and walls in the front yard setback area. And the idea with that was having a written review, a written zone clearance so that fences are reviewed in writing upfront and that both the city and residents are aware of what's approved.

So that was presented to the City Council from Planning Commission in 2019. At that time, the City Council reviewed the Planning Commission recommendations and directed staff to draft an ordinance which is the ordinance before you here today. The ordinance before you does the following. It creates a minimal fee zoning clearance to be reviewed by the Community Development Department Meaning a resident would come in and submit an application for a permit, and in writing describe the fence.

We recommended a reduced fee of $50 fee to be approved by resolution at an upcoming meeting. So if council agrees we'll bring that back at the next council meeting to be adopted by resolution. So it'd be a $50 zone clearance to get a written approval from the city for any fence wall or hedge What would be allowed in that process would be fences, walls and hedges at the property line up to three feet in height.

Additionally fences, walls and hedges could be four feet in height five feet back or further from the property line. So we have an illustration coming up but first five feet you can go three feet high after that you could go four feet high The ordinance also maintains the requirement that any taller fence than fence wall or hedge that's four feet or higher would be placed outside the front setback and even with the structure.

It also clarifies that chain link fencing is not permitted but provides for an opportunity to apply for a minor conditional use permit And the same, or similar for barbed wire and razor wire notes that those are not permitted unless a full conditional use permit is received. And then lastly it states that no fence shall exceed seven feet in height even with grade changes or changes in material type. And what that means is if somebody has a two foot retaining wall they can have a five foot fence on top of it but they can't exceed seven feet combined And we have a couple of illustrations to illustrate a couple of these points. I know it's somewhat complicated, so we tried to simplify it here.

You can see from this illustration what's proposed is that the first five feet setback from the property line, which is this yellow zone here, a fence or wall could be three feet in height and then The rest of the front setback after five, the first five feet can be four feet in height. And that would be up to the structure and then from the structure back they potentially could go higher.

So that's what's being proposed with this ordinance just-

1:18 – 1:2328 turns

UnidentifiedUnidentified speaker 5Proposed1:18:55

James quick question. Yeah. Because I knew it because you'd be on that slide if that house space to the west When that, those would both be fronts and then you would have to paint those two colors on both sides correct?

UnidentifiedUnidentified speaker 3Proposed1:19:10

The house face to the west.

UnidentifiedUnidentified speaker 5Proposed1:19:12

So it's a corner lot and the narrow side is the south side if based on our code in our appeal last week or a couple weeks ago yes that house faced to the west the front door face to the west they would both be frontages correct?

UnidentifiedUnidentified speaker 3Proposed1:19:27

Yes I believe so yes.

UnidentifiedUnidentified speaker 5Proposed1:19:29

So under this scheme A house that face to the west would have the same colors drawn on the street side setback as well.

UnidentifiedUnidentified speaker 3Proposed1:19:37

Yes,

UnidentifiedUnidentified speaker 5Proposed1:19:38

okay thanks.

UnidentifiedUnidentified speaker 3Proposed1:19:39

Now they yeah that intersection visibility area would be yellow and then the same color would be drawn on the other side

UnidentifiedUnidentified speaker 4Proposed1:19:45

I thought there was a different definition of frontage than that

UnidentifiedUnidentified speaker 8Proposed1:19:49

i've had my hand up for about five years

ElectedJohnny JohnstonMayorProposed · by role1:19:51

well you're you weren't on the camera i'm sorry i couldn't see your hand all right okay susa

UnidentifiedUnidentified speaker 8Proposed1:19:58

Oh, if Bill got started I can wait. Okay, I'll take my turn.

UnidentifiedUnidentified speaker 4Proposed1:20:04

No,

ElectedJohnny JohnstonMayorProposed · by role1:20:04

my mistake.

UnidentifiedUnidentified speaker 8Proposed1:20:07

Okay, I'm not muted right? You can hear me.

ElectedJohnny JohnstonMayorProposed · by role1:20:10

We can hear you proceed

UnidentifiedUnidentified speaker 8Proposed1:20:11

please. I will not vote for this draft ordinance as is because it does not address the fact that many people like myself have a very small yard and the five foot setback Would cut my, you know eight foot yard would eliminate it. The tree would be on the outside of my yard and the reason for allowing sorry The four feet is so that my dog does not become a public nuisance. When I had a three foot fence, my dog was always standing upright when a parade of people would come by and once in awhile if she wanted to she could jump over And I know there are many, many other people in my position which is one of the reasons why you see so many illegal fences in Ojai. One of the reasons people want to fence at all is not just for privacy and to mitigate the noise of traffic it's to keep their dog secure in the yard.

So I propose that we make a change to this draft ordinance and I actually was under the impression that we had already made that change Because I hired my handyman to put a very discreet one foot on, you know, my little picket fence is now a foot higher. And ever since then, I've had peace of mind. My dog cannot jump over that small increase in height. So that's what I want to address. Thank you.

ElectedJohnny JohnstonMayorProposed · by role1:21:48

OK. Bill? You're next.

UnidentifiedUnidentified speaker 3Proposed1:21:53

You're on mute. Sorry.

UnidentifiedUnidentified speaker 4Proposed1:21:54

There we go. I would certainly be willing to vote for a modification that eliminated the differentiation of three to four feet in the front setback. I just want to express that willingness. If we could do four, I could live with that.

UnidentifiedUnidentified speaker 8Proposed1:22:19

May I ask a question of Bill? Mayor.

ElectedJohnny JohnstonMayorProposed · by role1:22:23

We're not debating the, no you can ask the question but we need to open the public hearing at some point here. Okay go ahead Susan.

UnidentifiedUnidentified speaker 8Proposed1:22:31

I can wait if there's a

ElectedJohnny JohnstonMayorProposed · by role1:22:32

public. Are there any questions of staff then at this point? Okay if not then I'm going to open the public hearing and do we have any cards? I do not have a note that there are any cards on this one.

UnidentifiedUnidentified speaker 2Proposed1:22:49

No cards.

ElectedJohnny JohnstonMayorProposed · by role1:22:53

Is there anyone out there listening to me that wishes to be heard in the public hearing? If not, okay. The public hearing is now closed. Okay, Susan.

UnidentifiedUnidentified speaker 8Proposed1:23:05

Bill are you suggesting that, you're a little bit familiar with my small front yard. Are you saying that I could not have my four foot fence unless I moved the actual fence and I'm speaking for everyone in my position.

UnidentifiedUnidentified speaker 4Proposed1:23:22

I am saying that I could live with a modification to the text that simply said four feet at the property line instead of three for the reasons you stated. I think that accomplishes the major end, the major goal and I can live with that modification.

1:23 – 1:3015 turns

UnidentifiedUnidentified speaker 7Proposed1:23:56

Randy? Well, I'm not necessarily in agreement with that. And it's not because of Susan's concern. It's just the public right away concern. The fact that the differential between three feet and four feet if someone's in a driveway backing up your line of sight is impaired at four feet where it's not at three feet. So that's my concern as it's a safety issue.

You know, Take care of Susan's issue because there's lots of other ways to mitigate her dog issue, but I'm not gonna judge that. That's for her. But I'm just saying from a safety standpoint, it sure seems to me that if a fence is four feet tall or someone allows even their heads to get taller than four feet, that now we have a line-of-sight issue and that's a safety issue. And I think the whole idea behind this ordinance and what we've been trying Is to create a safer environment for people walking, riding bikes, especially children. So that's my take on it. That's how I see it.

ElectedJohnny JohnstonMayorProposed · by role1:24:58

Okay, I would agree with you Randy but as a suggestion for staff. I don't know what the debate was at the planning commission, but it would be possible to put the floor. I should say would it be practical to put the option of a four foot fence under the same category as the cyclone or chain link fences? And the razor wire and say that if the person will come in, and then you can be sure that the issue of the site distance is addressed.

It may or may not be a problem, is that?

UnidentifiedUnidentified speaker 3Proposed1:25:34

Yeah, I think it's part of- That's

ElectedJohnny JohnstonMayorProposed · by role1:25:35

a great idea. I'll be with you in a second, Susan.

UnidentifiedUnidentified speaker 3Proposed1:25:38

Yeah, and I think as part of the zone clearance process that we recommend are that the Planning Commission Council and we have recommended, I think that can be done fairly easily.

UnidentifiedUnidentified speaker 8Proposed1:25:51

I think this could be a case by case basis because in my, I don't know why I'm losing my voice. I've been on the phone all day that's why. I have a sidewalk in front of my fence My line of sight is constantly blocked by the big cars parked in front of my house, not my fence. So it's there has to be some flexibility for people with dogs large dogs to be able to secure the dog that's more of a danger than you

ElectedJohnny JohnstonMayorProposed · by role1:26:34

know. We're making it more complicated when we get into the size of the dog because dogs can jump a four foot fence, but Bill.

UnidentifiedUnidentified speaker 4Proposed1:26:41

I was just going to say, I really like your suggestion. I think Susan the way we handle this is to have the case-by-case because there's a difference between a fence that's four foot high you can see through in other words you could keep the dog in and still have distance between the slats where you can see uh through it okay versus solid and that you know I think we could all agree you don't want the solid but maybe if it's open enough to see through we'd still keep the dogs in so I like the case by case

UnidentifiedUnidentified speaker 8Proposed1:27:07

Yeah, and I like that. And then you could also stipulate a fence that is not solid. That makes a lot of

UnidentifiedUnidentified speaker 7Proposed1:27:15

difference. So again, I'm not in complete disagreement with that but in the $50 fee submitted to planning should we require obviously they'd have to do a plot plan and they should provide pictures because if we're going to have to go out And look at every one of these sites, we might want to increase our fee from 50 to 100 and recover our costs. So if we can simplify it and do it the same thing with a minor CUP I'd have no problem with that.

UnidentifiedUnidentified speaker 3Proposed1:27:45

Okay? And I think to that point, if I may real quick is that's what one reason we recommended adopting the fee by resolution because if we find that we are spending a lot of time on these then we can come back and adjust that fairly easily so we'd come back and recommend that

ElectedJohnny JohnstonMayorProposed · by role1:28:03

And the volume on that shouldn't be great. So even if we had to eat a few dollars for awhile, maybe as just a general community service it would work. Okay well do we have a motion? Are we ready for a motion?

UnidentifiedUnidentified speaker 7Proposed1:28:18

I just had one comment too and then so the city has allowed someone to put their fence up and it impairs my ability to operate my vehicle safely in my opinion What right do I have now to go back and argue that that four foot fence is an impediment to my safety? Is there anything we want to deal with on that or is that a concern, or is that not a concern?

ElectedJohnny JohnstonMayorProposed · by role1:28:45

Well, that should be a concern when the review is made. That's fundamentally a problem for a corner lot And for the safety issue though, even backing out of a driveway I would think that if your neighbor puts one up in the wrong place. So it would have to be evaluated, I would think but once you say yes, yeah and then you have... I suspect Matt that you have some liability too don't you?

UnidentifiedUnidentified speaker 1Proposed1:29:14

Well, the city's liability would likely be limited because of two things. One, the safety issue would be created by the property owner who built the fence not the city who approved it so we would tender any such suit if filed against the city to the property owner. Second a condition of every land use permit is that the permittee indemnify the city for any problem or lawsuit that stems from their permit. So we would likely put that risk back on the permit holder, defense creator. Second and perhaps more to the point The approval of the fence by zoning clearance would now as a zoning clearance, it doesn't include notice to the neighbor. It doesn't include hearing but if the neighbors saw the fence go up depending on the timing if there was still within the appeal period they could appeal it.

If the council was further concerned we could add a stipulation that upon approval These kinds of permits notice be given to the immediate property owners nearby. So that during that appeal period, the neighbor next door if it was a driveway type situation could file an appeal and challenge the approval. That would be more process than we do for regular zoning clearances but might be reasonable as a compromise.

1:30 – 1:4568 turns

UnidentifiedUnidentified speaker 4Proposed1:30:22

Okay, Bill your hands up. A simpler way to handle that Matthew simply be a requirement that is part of those zoning clearance application that you're required to post on the property, like a conspicuous place that is zoning clearance has been applied for. Yeah, that'd be

UnidentifiedUnidentified speaker 1Proposed1:30:42

fun too.

UnidentifiedUnidentified speaker 4Proposed1:30:43

And then the neighbors could simply

UnidentifiedUnidentified speaker 1Proposed1:30:46

see that

UnidentifiedUnidentified speaker 4Proposed1:30:46

without necessarily a lot of staff time contacting.

UnidentifiedUnidentified speaker 7Proposed1:30:50

Okay, Randy? Mayor, this is a great discussion because we're gonna solve this with reasonable people. I'm working in the city of Ventura and actually when you're putting a six foot fence up You have to notify your neighbor. So they have a document that you just notify your neighbor that this is what you're putting up, and that in turn allows your neighbor to do or say what they feel they need to do. But at least if you're putting something up and you've acknowledged that it may impact my neighbor, I'm gonna talk to them, we're encouraging good neighboring environment. I'd be for that 100%. I like

UnidentifiedUnidentified speaker 8Proposed1:31:25

that, yeah. That

UnidentifiedUnidentified speaker 1Proposed1:31:27

would be reasonable.

UnidentifiedUnidentified speaker 4Proposed1:31:29

Why don't I try a motion? Good, please. And I'm sorry, I can't be real specific. I'm going to as usual lean on-

ElectedJohnny JohnstonMayorProposed · by role1:31:39

Even your not specific is more specific than most of ours so go ahead Bill, I have total confidence in you. One

UnidentifiedUnidentified speaker 7Proposed1:31:46

more comment before Bill makes his motion if I can? My concern is the height of green fences just in general even on the sides of your property. Are we gonna enforce the seven foot heights On green fencing, as well as on standard CMU or standard wood fencing.

UnidentifiedUnidentified speaker 4Proposed1:32:13

What do

UnidentifiedUnidentified speaker 7Proposed1:32:14

you

UnidentifiedUnidentified speaker 4Proposed1:32:15

mean by that? He means hedges.

UnidentifiedUnidentified speaker 3Proposed1:32:18

Oh, OK. This applies to hedges. Yeah, as it's drafted, it applies the hedges Right So

UnidentifiedUnidentified speaker 1Proposed1:32:28

on the enforcement protocol, my expectation is that staff intends to enforce the new rules that apply to something like a hedge which would not be legal nonconforming as to a prior height because seven feet wasn't allowed before or nine or 10 or something taller. Enforcement would be targeted to situations that create a safety hazard as opposed to every hedge in the city as some have no safety issue at all.

UnidentifiedUnidentified speaker 4Proposed1:32:54

I agree with you.

UnidentifiedUnidentified speaker 8Proposed1:32:55

I think that's great yeah

UnidentifiedUnidentified speaker 4Proposed1:32:56

So my attempt at a motion is to say move approval subject to modification, to include a procedure for a four foot zero setback fence with city review approval and a procedure for neighbor notification Either by posting our direct communication for a zoning clearance application.

UnidentifiedUnidentified speaker 8Proposed1:33:35

I'll second.

ElectedJohnny JohnstonMayorProposed · by role1:33:37

Okay, moved and seconded now is this going to require that this be brought back for first reading or is this Matt? Is this gonna be sufficient that...

UnidentifiedUnidentified speaker 1Proposed1:33:47

This is sufficient specificity to allow it to be introduced with that motion and then staff will make the written edits and bring it back for adoption at your next meeting

ElectedJohnny JohnstonMayorProposed · by role1:33:56

Okay, so we've got a motion in the second there. Any further questions? This doesn't specifically relate to anything in the fences and hedges thing but as a pedestrian in town I noticed that when their hedges, I haven't noticed this with chain link or masonry fences but hedges seemed and planted trees seem to grow right out into the sidewalk to where you have to go into the street So I think that we need to along with this once we get it adopted, there should be a program of both education to the public and then we should start.

I sometimes even take clippers with me on my walks. I don't know that I'm making friends but you know, it's we need to start enforcing some of this if we really wanna be what do we call this? What is the active transportation? All right, okay. Anything else? If not we'll have a roll call. Do we need to roll call on this because of the...

UnidentifiedUnidentified speaker 1Proposed1:34:58

Yeah as an ordinance yes.

ElectedJohnny JohnstonMayorProposed · by role1:34:59

Yes okay Gail would you call the roll please?

Roll-call vote 2–1 · 1 under review
Show transcript
Council Member Haney? Yes. Council Member Francina? Yes Mayor Pro Tem Blatz? No.
UnidentifiedUnidentified speaker 2Proposed1:35:12

I'm sorry I couldn't hear you Council Member Blatz? Oh okay thank you. Mayor Johnston? Council Member Wyrick.

ElectedJohnny JohnstonMayorProposed · by role1:35:23

Yes. Okay, Item number three under discussion coronavirus response and update Mr City Manager. Thanks

UnidentifiedUnidentified speaker 3Proposed1:35:38

and it's our last very brief presentation of the day so I will pull that up quickly. So we just have a briefer update today. We went through the bigger changes at the last meeting, so we'll keep this one fairly brief. But each meeting, we've kind of walked through the latest statistics. And so again, we'll do that. So we show here that as of May 26th there were six cases in the 93023 zip code with 23 hospitalized and 13 ICU patients.

As of two months later, July 14th there were 29 cases in the 93023 zip code 98 hospital hospitalized and 29 ICU patients. So we've seen recently that as of today that there are 115 cases in the 93023 or I should say there have been 115 cases those are not active all active at this time but there have been 115 cases so there's definitely been an increase over the last couple months But the positive is the hospitalizations have really gone down from 98 two months ago to 39 currently, and ICU from 29 two months ago to 14 currently. So some of those key metrics and key items of importance like the hospital bed availability and ICU availability have been trending positively.

So

ElectedJohnny JohnstonMayorProposed · by role1:37:17

pardon me, those death statistics aren't just for the 90323.

UnidentifiedUnidentified speaker 3Proposed1:37:22

No that's countywide.

ElectedJohnny JohnstonMayorProposed · by role1:37:24

Yeah okay good.

UnidentifiedUnidentified speaker 3Proposed1:37:26

That's increased unfortunately but

UnidentifiedUnidentified speaker 7Proposed1:37:28

yeah. James can I before we

move to the next one is are we allowed to talk about specifically where the increases are occurring? Are they you know in the ag industry? Are they in the senior citizen?

UnidentifiedUnidentified speaker 3Proposed1:37:46

We've seen a couple of spikes. It's almost been, and the county has reported this so I know they've made it public but it seems like each month there's kind of a new area that they realize they need to emphasize. So a couple months back it was the ag industry. Last month it was the senior centers in our senior housing facilities. This month the one that the county is really trying to get a grasp on right now are the jails That's been a focus. And unfortunately, the jails have had kind of an out or I don't know if I want to say outbreak but they've had an increase uptick in cases which has also caused our numbers overall as a county to stay to the point where we have not gotten To the point where we can drop to the next tier. Yeah,

UnidentifiedUnidentified speaker 7Proposed1:38:46

but we don't use it anymore, right?

UnidentifiedUnidentified speaker 3Proposed1:38:48

What was I'm sorry. We

UnidentifiedUnidentified speaker 7Proposed1:38:49

have a jail but we don't use it anymore Mike. Yeah, that'd be a

UnidentifiedUnidentified speaker 3Proposed1:38:59

good place to distance some people. But yeah,

UnidentifiedUnidentified speaker 7Proposed1:39:05

question that I would have going back to the again to that to the past chart was

UnidentifiedUnidentified speaker 3Proposed1:39:09

yes

UnidentifiedUnidentified speaker 7Proposed1:39:09

if we're having an increase where do we you know the county is stating that it's the food and beverage industry that They're seeing an increase in. Can we say that we might have the same issue with the influx of still tourism coming into the community on the weekends?

UnidentifiedUnidentified speaker 3Proposed1:39:29

I think that's always going to be a concern. It's something, that's one reason why we've been so proactive and you know did the face covering requirement so early is because of that.

UnidentifiedUnidentified speaker 5Proposed1:39:37

Hold on James hold on is there any data to support what Randy just said or are you just hypothecating? Because I don't think we have any data whatsoever anywhere to support that it's restaurants hospitality or anything else in the Ojai Valley or anywhere for that matter where they're picking up chronic cases

UnidentifiedUnidentified speaker 3Proposed1:39:53

No, we don't have any granular data. I think from my perspective...

UnidentifiedUnidentified speaker 5Proposed1:40:01

James can i say that another way of saying any data whatever size granular large or in between or whatever pea-sized amount? You make your

ElectedJohnny JohnstonMayorProposed · by role1:40:09

point right?

UnidentifiedUnidentified speaker 3Proposed1:40:12

Correct, I think just my statement was just that's going to be our concern for us is the influx of people that we're always going to guard against.

ElectedJohnny JohnstonMayorProposed · by role1:40:22

And there is data nationally that says that's an area of higher risk. We've

UnidentifiedUnidentified speaker 7Proposed1:40:28

done a pretty good

ElectedJohnny JohnstonMayorProposed · by role1:40:28

job. I'm

UnidentifiedUnidentified speaker 7Proposed1:40:29

just trying to say, and Ryan trust me, I don't want it to be that industry. Trust me, i don't want that because that's our industry but what i'm trying to say is we've gone in the last four months we have gone from you know let's say we started out with zero went to six now we're at 115 cases in the 93203. I just want to know where they are and why they are And I think that's a legitimate question. If you want to pinpoint it or argue with me trying to pinpoint it, that's fine. I'm just saying why do we have 115 cases? And if we do where are they located and are we allowed?

UnidentifiedUnidentified speaker 5Proposed1:41:04

I totally agree but I will tell you I've already asked and the answer is we don't have any data that supports where they came from. We don't have any There's nobody who's told, we know there were outbreaks in certain locations. We have heard that we don't know exactly how many precisely but we have no data at least it's been provided to me through the county and multiple times asking about tracing where these came from in the 93023. We do know that they only count 93023 if they're residents here. We don't know how many of those were actually contracted in the valley versus contracted out of the valley. We don't know how many of those people were on vacation out of town or somewhere else. We don't have any data like that. So to say something like, wait is this from people coming to town?

Is complete speculation. Now if it is- But it's common sense. It's not common sense. I totally disagree with you. How is it common sense that somebody from, let's say the LA area comes to Ojai for the weekend and leaves and goes back? And that showed up as a 93023 number or somehow related to someone in the 93023 contracting coronavirus. Johnny, I have no idea how you can just equate that as being common sense. If somebody comes from LA and

ElectedJohnny JohnstonMayorProposed · by role1:42:20

visits

UnidentifiedUnidentified speaker 5Proposed1:42:20

and

ElectedJohnny JohnstonMayorProposed · by role1:42:20

leaves- Ryan, I'll answer your question. No one, I don't believe Randy or anyone is suggesting The other foreigners, people coming to the valley are bringing the disease. But the hospitality, which is our industry. We wanna protect that is clearly an exposure to risk if the people are coming from other places like Sturgis. Now we're not saying that the motorcyclists who come here from Sturgis are causing a problem but it is clearly one of the things we have to be concerned with and I think we have done a really good job in the town by being alert to that and using the face coverings. It's the best we can do. There is nothing that says that you can tell who came from Los Angeles to spend the weekend and spread it. But look at the numbers, there are hundreds of unknown cases.

So to that degree, you are correct. We don't know. Randy? I'm sorry, I

UnidentifiedUnidentified speaker 5Proposed1:43:21

didn't really wanna- You just don't know. I mean, we're not disagreeing with your- Yeah, okay good,

ElectedJohnny JohnstonMayorProposed · by role1:43:26

Randy?

UnidentifiedUnidentified speaker 7Proposed1:43:27

So yeah, I didn't want this to be an argument. But what I wanted to say is the questions that I'm asked and I'm sure all of you are asked is why are they increasing? And do we know why and where they're increasing? That's a question that I'm asked daily. And I don't have an answer for that. And I don' wanna throw anything out there that's not accurate so that's why I ask tonight.

Can we identify, for instance the seven new cases that have appeared just this week over this weekend? I don't know if we can. But I'm saying-

ElectedJohnny JohnstonMayorProposed · by role1:44:06

The public health officials have people that trace that sort of thing to the degree it's possible but they generally as a rule for personal privacy they don't share that with the general public or us. Right

UnidentifiedUnidentified speaker 7Proposed1:44:19

so again- They

ElectedJohnny JohnstonMayorProposed · by role1:44:19

do tell us when they think there's a hot spot

UnidentifiedUnidentified speaker 7Proposed1:44:22

And it wasn't over the weekend, it was seven new cases reported today. So that's all I'm trying to say is we just need to be aware of it and obviously if we can't give a great answer, we just need to be able to say contact our county health services. Maybe they'll have more information for you but I'm asked it all the time. I'm sure you guys are too.

ElectedJohnny JohnstonMayorProposed · by role1:44:44

Right yeah and that's the question I think comes to all our minds. James doesn't the Public Health Department Notify the local authorities when there's a hotspot.

UnidentifiedUnidentified speaker 3Proposed1:44:58

When there's a hot spot, yes. A

ElectedJohnny JohnstonMayorProposed · by role1:44:59

cluster yeah and now to Ryan's point we don't you know with no restaurant so far has been identified as a hotspot right?

UnidentifiedUnidentified speaker 3Proposed1:45:07

Yeah we've not had a hot spot within the city of Ojai.

UnidentifiedUnidentified speaker 5Proposed1:45:11

No location, no business, no industry, no sector nothing specific has come out other than Old folks homes, and they were specifically listed as being OQ&OI. That's what we had. Anything else is not fair to pin it on those businesses. It's irresponsible to say we have any idea where you're coming from. I would love to have the data. Well hold on, hold on. I would love to have the data that the county would provide it. I would love to be able to answer the question that Randy's asking about because I get asked all the time too but I don't think it's fair. And by the way this wasn't a comment of what Randy or you said Mr. Mayor It was frankly what James was saying about certain industries where we think it's a problem and people from out of town.

But I don't think it's fair that we can say that, I would love to know.

1:45 – 1:5218 turns

ElectedJohnny JohnstonMayorProposed · by role1:45:54

We

UnidentifiedUnidentified speaker 5Proposed1:45:55

could put up a wall around the city and have a nice

ElectedJohnny JohnstonMayorProposed · by role1:45:58

outfit. Please put her back on again okay? We've heard it okay, we understand you. James do you have anything further?

UnidentifiedUnidentified speaker 3Proposed1:46:07

A couple of quick points. So we mentioned last time that the Ventura County is in this widespread category, which is the highest risk level. The county is still at that level although we have been getting closer to getting the numbers to a point where that might change. I see today that 42 new cases were reported countywide so if that continues that would likely change and just so everybody Kind of understand we wanted to let everybody know that the current process is that once the numbers are at their appropriate level for 14 days, then the county would be able to

move to the next level. So just as far as we've been getting a lot of questions about what's the timeframe for that change and it would be 14 days of continuing to be under these numbers.

ElectedJohnny JohnstonMayorProposed · by role1:47:00

Starting when? As

UnidentifiedUnidentified speaker 3Proposed1:47:03

soon as you got to that number so So once we get to these numbers, then we have to maintain it for 14 days to

move to the next tier. OK.

ElectedJohnny JohnstonMayorProposed · by role1:47:12

We just haven't gotten there yet?

UnidentifiedUnidentified speaker 3Proposed1:47:14

We haven't gotten there yet. We're very close. And the point I was making earlier is that the county had said if it wasn't for the spike at the jail that we would have been at that number. So the reason why that's important other than just moving from one color to another on the tier list is that there are certain things that can open. So we're not going to go through all of them, but we wanted to kind of give people an idea so that business owners can start planning accordingly.

So you see a couple of key categories for Ojai here. All retail under the current tier. They can only open indoors at 25% capacity. Once it moves to Tier 2 they can open at 50% capacity. It opens that up a little bit Personal care services right now is outdoor only in Ventura County. Once we move to tier two, they can open indoor with some modifications. Movie theaters and places of worship right now outdoor only once we moved into tier two, they can open indoor with reduced capacity.

Restaurants currently outdoor only once we move to tier two those would be able to open indoor with a reduced capacity as well. And one of the things we want to make the point here is just for people to start kind of planning ahead, looking at what Tier 2 means. Some businesses may realize that even when we go to Tier 2 they're still going to have a reduced capacity so they may want to contact us sooner rather than later for some outdoor dining space or outdoor business space. We have had a little bump. We went we had been issued 15 outdoor permits and And kind of had been stuck there. We now have issued 20 from, in the last two weeks we issued five more so we're at 20 outdoor permits citywide and so we wanted to let people know about that.

Lastly the COVID testing that we had mentioned we were working on at the last meeting has rolled out it's at Sarzadi Park every Monday through October 26th from noon to 5 p.m It's no cost, no appointment and walk-up. And so far the first week had a decent line but they said that it's been going pretty smoothly and not a long wait. So...

UnidentifiedUnidentified speaker 7Proposed1:49:36

Also James, it's also in the lower parking lot. So we need to let...

UnidentifiedUnidentified speaker 3Proposed1:49:40

Yes. Yes, it's in the lower parking lot.

UnidentifiedUnidentified speaker 8Proposed1:49:44

I have a question of James. The previous slide. This one? No, this one. Why is there a different standard for personal care services in hair salons and barbershops?

UnidentifiedUnidentified speaker 3Proposed1:50:01

We asked the same question to the county and it's from the state guidance so the state is the one that's determined that I asked the county you know I told them we're gonna get calls people are gonna ask us and I can't explain it doesn't make a whole lot of sense to me and the county's response was we can't really explain it either but it's been handed down from the state It appears to us and the county that, you know, the difference between a hair salon and a nail salon there's not much of a difference. So that is a question we've raised and we've kind of tried to engage the county in that discussion but again it comes from the state so it's gonna be a challenge.

ElectedJohnny JohnstonMayorProposed · by role1:50:43

I believe there's a history to that in the early days of the pandemic going back to March Maybe even before that in February, that there was kind of a cluster that occurred within like nail salons. And so for better or for worse they came down on that and have kept it ever since.

UnidentifiedUnidentified speaker 3Proposed1:51:04

That was the same story we were told which seems strange to base it on that.

UnidentifiedUnidentified speaker 4Proposed1:51:10

Yeah two things one I think we need to give all of us need to kind of take a little bit of credit especially James Ohio was really in the lead of pushing to drop the 24-hour lodging constraint on turnover. And, you know, we really, James especially, really took the lead and it was part of our group discussion that we have every once in a while To point out that the rest of the counties around us, we're not putting that rule in and that's been dropped. And that's really helping the lodging industry without really compromising safety. So we can take some credit for being in the leadership with that I believe.

And the second thing is James, the county has said they were gonna apply to the state to exclude the jail numbers for purposes of calculation. Is there any update on that?

UnidentifiedUnidentified speaker 3Proposed1:52:07

No update yet. No update yet. They were very passionate about it though and said that they were really going to pursue that, which would move us forward a lot more quickly. Yeah one of the points that they made about the jails is that people get brought to the jails from multiple different counties so it's really not fair to punish Ventura County for that.

1:52 – 2:0017 turns

ElectedJohnny JohnstonMayorProposed · by role1:52:36

Do you have enough authority under the emergency powers to address the request that was made during public comment for the Mandela or is that?

UnidentifiedUnidentified speaker 8Proposed1:52:47

Yeah,

UnidentifiedUnidentified speaker 3Proposed1:52:47

yeah. And I got the request we've had some email issues here so I got the request actually during this meeting so we'll take a look at it and work with them work with them to try to make it happen.

ElectedJohnny JohnstonMayorProposed · by role1:52:59

So hopefully they can socially manage it When tourists show up, it is tougher. They don't know what the local drill is but okay. Are there other questions for James on this? If not we'll move on. I

UnidentifiedUnidentified speaker 8Proposed1:53:13

have a question James. James are you done with the presentation?

UnidentifiedUnidentified speaker 3Proposed1:53:19

There's one more slide just on the eviction moratorium. I'll just quickly say that both the state... We talked about this a little bit last council meeting but both state and federal eviction protections have been put in place Harmon Zuckerman, PB He, Him, His): Our city's executive order that implemented both were drafted to say that they lasted the duration of the emergency which we still unfortunately we're six months in and we don't know how long. That is exactly Harmon Zuckerman, PB He, Him, His.: : So it's something we wanted to to just bring back and point and give an update that State law provides some protections now for tenants and there's a couple of conditions in federal law as well provide some condition for tenants who have annual incomes under certain amounts.

And so that's kind of an evolving issue, the city's executive order is still in place but it's now being impacted by these state and federal orders so that's something we'll keep an eye on.

UnidentifiedUnidentified speaker 8Proposed1:54:20

So no addictions through December 31, 2020.

UnidentifiedUnidentified speaker 3Proposed1:54:26

If it's certain categories or if you meet these qualifications. So for the federal order is that tenants... It's for tenants who have a financial hardship due to an annual income of less than 99,000 if single or 198,000 filing and joint

UnidentifiedUnidentified speaker 8Proposed1:54:42

return. Thank

ElectedJohnny JohnstonMayorProposed · by role1:54:46

you. Any other questions?

UnidentifiedUnidentified speaker 8Proposed1:54:47

Yeah when the time is right James Can we discuss at Ojai Day the issue with closing the street, perhaps explain to the public that because it's a state highway, the expense of managing that is out of our reach.

UnidentifiedUnidentified speaker 3Proposed1:55:04

Yes, yes. And so we've talked to Caltrans talk to the barricade company put a basic plan together and I do want to say actually let me back up that we had three different full plans for Ojai day where we were trying to make something work and at the end of the day and people may have read the article in The Star yesterday but at the end of the day the county order which is in line with the state order so it's not necessarily the county but It's not going to allow for gatherings by mid-October.

And so we had three different plans that had less vendors, less crowding, but it still would have been a gathering. So we recently reached out to Caltrans and talked about what they would need to issue a permit to just close Ojai Avenue. They requested a traffic control plan. We'd need to have barricades. Staffing and the estimated cost at this point is between 10 to $15,000 which is a challenge for us because the other you know update that we'll get more into it the next meeting but it does relate to coronavirus is that the city's budget still is taking a hit. You know I think some people have said now that we're recovering but the city still is not recovering and it will be a while before we do Um, so with the cost and with the other challenges that the Caltrans had just stated that without a firm plan of what exactly we're proposing that they couldn't give us like a tentative approval.

So it would be a potential investment without an ability to do or without knowing that we're going to be able to do something. So I've recommended that like Thousand Oaks that we postpone or cancel our event this year.

UnidentifiedUnidentified speaker 8Proposed1:57:02

Including the closing of OI Avenue. But we can organize, the public can organize on their own an OIJ bike ride.

ElectedJohnny JohnstonMayorProposed · by role1:57:14

Sure. The roads are open and public rides away.

UnidentifiedUnidentified speaker 3Proposed1:57:20

You go girl! Yeah, people are getting creative. We got the proposal for the Mandela at the Fountain which is interesting. And then somebody else just submitted a proposal today that we're working on to do some sort of driving art show. I think they're planning it the weekend before, but people are getting creative with some socially distanced events that we'll be working on.

ElectedJohnny JohnstonMayorProposed · by role1:57:45

Okay, thank you for that report. Next item number four proposed second amendment agreement with the Sterling Venue Ventures.

UnidentifiedUnidentified speaker 3Proposed1:57:55

Yes, I'll keep this very brief and of course be happy to answer questions. And I think that Mr. Sterling is also available if there are any questions but the very brief report is that about a year ago we came to Council and we made a change that we were excited about We're in the last year of the agreement we changed to a $2,500 per event flat fee. And we had anticipated that with the great season plan dish that we would for the first year, bring in some revenue for the city and provide these you know great events for the, for the community. Unfortunately, it seems like every item today goes you know the next sentence is unfortunately COVID hit and that season did not happen. And so that's the bad timing aspect of it is that was the last year of the existing agreement And so I've been talking to Sterling and they've been very patient which we appreciate because we didn't know when we were going to be able to bring this back, and we have worked on it as far back as March, and you know had to postpone for a variety of reasons.

But Sterling. needs to essentially know if they're going to be able to reschedule all their events for next year and right now there's not an agreement in place for next year. So although it's strange timing we brought this item which is a four-year extension at the same term, the $2,500 flat fee per event And we are recommending approval of that four-year extension with the $2,500 per fee event.

The request that Sterling has that Council can discuss is they currently have a maximum number of events of 17 per season They are requesting to increase that and have asked for up to 24. So obviously council would be able to discuss whether to allow the number of events to be increased or how many to allow it to be increased too, and just you know as a for some background the reason why this is a positive I think as the reason why they were requesting the increased events was because The positive interactions and presenting the concerts for the community. And it seems to have been a mutually beneficial agreement over the last couple of years.

So with that, the agreement is a four year extension with a $2,500 fee for a number of events for council to determine and that's what's before you tonight.

2:00 – 2:1520 turns

UnidentifiedUnidentified speaker 4Proposed2:00:39

First of all, I support this but I do have a question on the increase from 17 to 24. When this was before us the only issue there was conflicts with traditional community events and how would that be handled in terms of when we finally see the other end of this virus situation? Obviously people are going to want to come back with their traditional community events So how is that going to be handled? Would that be handled just administratively through the city manager's office in terms of making it clear we're not necessarily creating an entitlement to 24. It's just that it can go up more if it doesn't conflict with community events.

UnidentifiedUnidentified speaker 3Proposed2:01:27

Yeah, we could tweak that wording to match that. But I think it does work with how we've currently been implementing this which is that Sterling has They have specific dates kind of reserved, and then we have specific dates reserved for the community events. And we work together if one overlaps. Sterling has been very good about if there is a community event, not an event scheduled, they have been willing to offer up those dates that had been pre-reserved, and vice versa when they wanted to do an event and then we had an event previous or that Had normally been held on that date, but wasn't held on that date. That year we were able to modify as well so that's kind of how it works on the back end.

UnidentifiedUnidentified speaker 7Proposed2:02:13

Okay Randy has a his hand up. Mayor and Bill the you know it's interesting when this originated there was a master calendar that was developed And through the master calendar, Lance and Luann checked their dates along with the historical dates of the community members. And it always worked out well. I see the continuation of that taking place in James's office now. And I believe that he's going to be turning this event coordinator position if we ever get it fulfilled into actually managing that. The thing that I'd like to say is first of all, Uh, for coming back.

Um, it must be pretty hard being out of business for a year and a half if not, you know, maybe just been a long time. So thank you for wanting to come back. And I know that the people I speak to in this community enjoy, um, Just, just, just enjoyed tremendously the events that take place under your leadership. So thank you. And i'm with bill. I agree 100% with this.

And I would just say up to seven and let the city manager be the approving or the person making that approval and recommendation.

ElectedJohnny JohnstonMayorProposed · by role2:03:33

Do we need a motion? Go for it, Randy. We have a motion. Was yours made in the form of a motion bill?

UnidentifiedUnidentified speaker 4Proposed2:03:43

Sure, I'll go ahead and make a motion to approve Subject to the extra seven days being managed at administrative discretion. As a city manager.

ElectedJohnny JohnstonMayorProposed · by role2:03:52

So if there is room and they can reach an approval at the staff level, they can have more than the 17 but no ongoing commitment to that in order to accommodate the acts or the concerts that got bumped this year. Okay, is there a second? Randy do you second that? I second it. Okay so it's moved and seconded any further discussion? Do we need a, since this is a contract, do we need to roll call?

UnidentifiedUnidentified speaker 1Proposed2:04:21

Yeah. And I also wanted to confirm through the clerk, the deputy clerk that there's no public comment on this one.

UnidentifiedUnidentified speaker 2Proposed2:04:27

Correct. There were none.

UnidentifiedUnidentified speaker 1Proposed2:04:28

Okay.

ElectedJohnny JohnstonMayorProposed · by role2:04:30

So Lance and Lou Anne were available in case we wanted to ask questions. Is that

UnidentifiedUnidentified speaker 3Proposed2:04:36

okay? No, I think they'll happily take the approval

ElectedJohnny JohnstonMayorProposed · by role2:04:39

though. Thank you. Thank you. Thank you. Well, Gail, will you call the roll?

Roll-call vote Passed 5–0
Show transcript
Council member Wyrick? Yes. Council member Haney? Yes. Council member Francina? Yes! Mayor Pro Tem Blatz? Yes, Mayor Johnston? Yes

okay motion passes that brings us to item number what five yes the this 5g James

UnidentifiedUnidentified speaker 3Proposed2:05:13

yeah and I know the City Attorney has an update. The item is an update in accordance with some recent changes to the law and I'll let the city attorney introduce that.

UnidentifiedUnidentified speaker 1Proposed2:05:28

Thank you. Mayor and Council, before you is a proposed set of amendments that are relatively minor but useful to the city's existing small wireless facilities regulations and I'm going to address but then not use the term 5G. 5G is a marketing term used by cell carriers to sell their products to the public it is not a regulatory term recognized in federal law Nor is it recognized in any of the state laws, nor would I recommend we use it because it doesn't mean anything. It's like saying someone has the best pair of jeans as a marketing term. It is not a legal or definable standard term. Turning to what is on the legal side In August, mid-August, the Ninth Circuit Court of Appeals ruled in a case brought by the City of Portland and another couple hundred cities around the country challenging an FCC order that came down in 2018 that resulted in us adopting this resolution at the beginning.

And the Ninth Circuit vacated a portion of the FCC order relating to aesthetic regulations. It upheld the rest of it. It upheld the concept and it upheld the issue The limits on the fees and the limits on some of the processing for these small cell applications, but hopefully. The Ninth Circuit ruled that the portion of the FCC's order that required that aesthetic regulations on small wireless cell facilities be no more burdensome than those on other technologies is vacated. So too do the Ninth Circuit vacate the requirement that such aesthetic regulations be objective. In doing so, the court said that it recognizes state and local governments often have legitimate aesthetic reasons for accepting some deployments and rejecting others, and that cell towers present a different and cell facilities present a different aesthetic issue than a typical telephone pole or regular utility pole.

therefore affirming the power of the city to regulate cell phone facilities, wireless facilities at a higher level with greater aesthetic protections than those available for typical utility poles or telephone poles. So to take advantage of that opportunity mindful that while the window to petition for certiorari to the U.S. Supreme Court has not yet closed we don't expect certiorari to be granted and if it is we will deal with that Staff recommends that we modify the proposed or the existing resolution slightly to strengthen our stealth protections and the packet has the exact changes but generally, Adjusted the finding sections regarding the stealth requirements to delete the prior language referring to appropriate stealth techniques and replace that with all technically feasible stealth techniques, strengthening the self protections and ensuring that if a small cell facility application is received.

That it could not be approved unless the facility was stealth. Stealth meaning that it does not look like a cell tower. It would be nothing would be visible that is an antenna or a wire or supporting structure, anything that would create or enable it to operate as a wireless cell phone facility. Instead it would have to look like something else, look like the side of the building, look like behind a parapet wall or be placed within a roof structure and we do not... We continue to include the requirement that faux trees, fake trees are not an appropriate stealth facility in the city of Ojai. With that I would recommend the staff, the council approve it and am available for any questions. Thank you.

UnidentifiedUnidentified speaker 8Proposed2:09:07

We can discuss it now correct?

ElectedJohnny JohnstonMayorProposed · by role2:09:10

That's right.

UnidentifiedUnidentified speaker 8Proposed2:09:11

So Matt it surprises me when you My concern is not so much the aesthetics, but the controversy worldwide about the health effects of 5G technology. I heard you say something about the term that when I listened to the Santa Barbara hearings on this day people use the term 5G technology and that implies You know, higher speed internet service and possibly increased health effects due to the radiation.

So with that understanding if my voice holds out I work with Shalom Joshua on a preamble resolution that I would like to read and see if the council can work with me So that, and I want to make clear to the public that I am opposed to bringing this even though it's an uphill battle. And it's like a David and Goliath situation. I oppose bringing this type of technology to Ojai at least at this point in time there's too many unknowns. So here's my preamble to the resolution I actually wrote this with Shalom Joshua, and he submitted it. Excuse me.

It is my view that the resolution before us would benefit from a preamble which informs the public why the scope of the resolution is exceedingly narrow. It addresses the ascetic concerns. That's the narrowness. With this in mind, please note the following The Federal Communications Commission has ordered that the public cannot invoke health concerns or environmental concerns as reasons to resist deployment of wireless technology, including 5G.

The FCC, however, does not make laws. The US Congress does. The laws governing the FCC's wireless activities are essentially found in the Telecommunications Act of 1996. The Telecommunications Act makes no mention of a prohibition of discourse with authorities about the effects of wireless on health. It does mention such prohibition Karen Hollweg, OSBT in its governing laws includes issues of health. It does not.

It has been pointed out in recent court proceedings, if the Congress meant health it would have said so plainly. The FCC has done a major disservice to the American public by twisting semantics to prevent public debate on health effects of wireless technology. It is in my view because of this deliberate distortion of words, of law that resolution 20 on the Ojai City that's before us right now is so narrow confining itself largely to the aesthetics of wireless equipment and not at all to the effects on the health of human beings. I just have one more paragraph a preamble to the resolution can reference for the record why there is no mention of the effects of wireless health. It can be clear that the city of Ojai, if it had a choice in this matter would decline to have 5G in the Ojai Valley until it has proven safe to do so."

And there's a source for the information that I just cited and then you have received via email And perhaps all we need to do is add a couple of sentences as it states in the end, if the council agrees with me that this resolution only addresses the health effects. Excuse me, the aesthetic... I don't know if affect is the right word. The aesthetic considerations due to the...

Help me out Matt, that it's illegal to address the health concerns or something, words to that effect. I would like- The

ElectedJohnny JohnstonMayorProposed · by role2:13:58

law has been preempted Susan. You know we have no legal authority is that correct Matt?

UnidentifiedUnidentified speaker 1Proposed2:14:04

My read of the relevant law is that under 47 United States Code section 332 subsection C7B little Romanet 4 The city has been, I wanted to get that right for the record in case the wireless companies are listening. City has been preempted from regulating any wireless facility on the grounds of the or the basis of the environmental effects of radio frequency emissions which would include radiation to the extent that the facility complies with the FCC's regulations to that effect.

The argument asserted by Mr Joshua and others behind him is that There's a distinction between environmental effects and health effects. And I understand that argument has been raised in the case filed last year, and in some other cases none of those cases has yet reached resolution. My concern is and my recommendation to the city, is to avoid trying to tap into that distinction when that case law has not yet been developed. The current case law is that environmental effects includes health and environmental effects because health is an element of the environment.

And so I would recommend that we shy away from that language. And if the city were so, or the council were so inclined, we'd be... We could add a preamble or sentence to the preamble that we have an existing reference to the narrowness of this resolution to include that the city would act with greater authority if federal law permitted it or something to that effect.

2:15 – 2:2433 turns

UnidentifiedUnidentified speaker 8Proposed2:15:42

Yes, I would be happy with that and I think the public that is concerned would appreciate that I know that it's an uphill battle, but still we have to plant the seed you know and make our make it state our case. So if you could add if the council is in agreement if we could add that one sentence that you just said I thought that was about the why Can you remember? Well,

UnidentifiedUnidentified speaker 1Proposed2:16:08

what I would suggest looking at the resolution is presently proposed on the second page in the third whereas from the top and the whereas aren't numbered but in the third whereas from the top it speaks to the council support calls for wireless small wireless facilities human health environmental concerns to be investigated. And we could add a line that the city further wouldn't, would it be permitted to do so? It would pause installation of wireless facilities pending the completion of those investigations if federal law is still allowed.

UnidentifiedUnidentified speaker 8Proposed2:16:40

Okay I'll make a motion that we approve the resolution the way that Matt suggests that we can amend it.

ElectedJohnny JohnstonMayorProposed · by role2:16:48

Is there a second to that motion? I'll second it. Okay it's moved and seconded Randy you had your hand

UnidentifiedUnidentified speaker 7Proposed2:16:53

up. Is this coming back for a second reading

UnidentifiedUnidentified speaker 1Proposed2:16:57

No, this is the resolution so it would be if approved by the council adopted

UnidentifiedUnidentified speaker 7Proposed2:17:01

tonight. So the question is why don't we table this and bring it back so that we can read it with this terminology that Susan would like to put in it rather than rushing something through? I had no idea what she was speaking about um so I would just like a little more I'd like a better opportunity to understand what we're trying to do here what she's trying to achieve

ElectedJohnny JohnstonMayorProposed · by role2:17:23

It sounds like a signing statement.

UnidentifiedUnidentified speaker 7Proposed2:17:25

Our hands are tied to a degree, so I understand that and I understand the need to not rush. How about this? James, how many 5G applications have we had? We've had one inquiry.

UnidentifiedUnidentified speaker 1Proposed2:17:48

We have not had an application yet, which is critical because we only have 60 days to act on it once it comes in. So they haven't applied

UnidentifiedUnidentified speaker 4Proposed2:17:57

yet. That's why I would urge adoption because the application that we might get in as a high visibility area and I was hoping and I think Mr. Summers did a masterful job of taking that court case putting in I would like to proceed but with that added sentence

not transcribed≈10s of audible speech the AI couldn’t make out▸ listen
UnidentifiedUnidentified speaker 8Proposed2:18:34

It's legal. We are not doing anything illegal, but we are protecting what we can protect to the extent-

UnidentifiedUnidentified speaker 7Proposed2:18:43

Well like I said, I can't support something like that so i'm not voting no because i'm against it. I'm voting no because I think we could table it and have it come back And so that we can all read it at the next council meeting. If an application comes in, we still have a 50 day grace period to approve or deny. So this doesn't impact that I'm just that's where I'm at. So although no but you need what you know why I'm voting no.

ElectedJohnny JohnstonMayorProposed · by role2:19:05

Yeah okay and Matt you know what? I mean it's just like one sentence that I could say a signing statement saying we'd do more if we could basically. We have a motion to vote on Okay, we got a motion to vote.

UnidentifiedUnidentified speaker 1Proposed2:19:20

Is there any public comment?

ElectedJohnny JohnstonMayorProposed · by role2:19:22

Oh you're right I don't have any cards does anybody else have any cards or... We did not

UnidentifiedUnidentified speaker 1Proposed2:19:26

receive

UnidentifiedUnidentified speaker 3Proposed2:19:27

anybody wanted to confirm. We did have a couple i believe on this item but i think one was uh emails oh yes i'm sorry those were the emails

UnidentifiedUnidentified speaker 8Proposed2:19:36

The email basically expressed, even the other email basically expressed what I read.

UnidentifiedUnidentified speaker 3Proposed2:19:41

Yeah, Shalom Joshua and Amber Lennon.

UnidentifiedUnidentified speaker 8Proposed2:19:44

Okay

ElectedJohnny JohnstonMayorProposed · by role2:19:45

we don't have anybody in the queue or the waiting room that wants to speak? No one is

UnidentifiedUnidentified speaker 3Proposed2:19:50

in

ElectedJohnny JohnstonMayorProposed · by role2:19:50

the waiting room. Okay good okay do we need a roll call on our resolution?

UnidentifiedUnidentified speaker 2Proposed2:19:57

Yes

UnidentifiedUnidentified speaker 1Proposed2:19:57

uh I would recommend a roll call here yes

ElectedJohnny JohnstonMayorProposed · by role2:19:59

all right Gail would you please call the roll?

Roll-call vote Passed 3–1 · 1 under review
Show transcript
Mayor Johnston? Mayor Pro Tem Blatz? Yes. Council Member Haney? No. Council Member Francina? Yes. Council Member Weyrich? Yes

Motion carries. Item number six, extension of agreement for building and safety services with the Charles Ablett & Associates. James.

UnidentifiedUnidentified speaker 3Proposed2:20:25

Thank you this item is The first of a few that we're working on, just to kind of set the stage. We are looking closely at all of our contracts currently and trying to find savings under the circumstances. And this is the first that we are bringing back where we worked with the vendor to identify some potential savings And just on that point, I'll mention that we're planning at the next council meeting to have a budget review item. And between now and then, we will also have a budget committee meeting focused on some of these cost-saving measures and trying to stabilize our reserves which have been reduced from where they were prior. So that's something we are Actively working on, this is the first of hopefully what we plan to be several that we're going to bring back.

It also coincides with we were working with Charles Abbott to extend their contract for building and safety services. We committed to bring that back in September of each year in advance with it expiring at the end of the year so we are doing that this year as well. As I mentioned The current agreement with Charles Abbott is for 65%. I'm sorry, Abbott will receive 65% of the first $30,000 per month collected in fees and then 50% of any additional money collected.

In this proposal they were willing to accept a reduction to 62% of the first $30 thousand dollars per month which potentially could result in savings between 10-15 thousand dollars per year. And the nice thing was they were willing to do that without reducing the level of staff So they would continue to provide the building inspector at the public counter from 8 a.m. to 10 a. m., Monday through Thursday, and 1 p.m.. To 2 p. m. And then 8 a .m. To 10 a . m. Friday. And then the building official will still provide the three days a week of counter hours with their at the reduced cost So with that, I'm happy to answer any questions. But that's the item in a nutshell is this is the extension we did. As part of their fee reduction, we agreed to request a one-year extension option.

So this is a one year contract with a mutual one year extension which Abbott is aware that council would have to approve that Approve the extension option at this time and may not. But we agreed to recommend that with the fee reduction, which would remain in place for both years so.

ElectedJohnny JohnstonMayorProposed · by role2:23:31

Okay any questions of staff? Motion? Move approval. Is there a second?

UnidentifiedUnidentified speaker 8Proposed2:23:40

Second.

ElectedJohnny JohnstonMayorProposed · by role2:23:41

It's been moved and seconded. Any further discussion? Not hearing any okay Do we need a roll call on this as a contract amendment or? As a contract with the amount of money at stake, yes. That's right okay Gail please call the roll.

Roll-call vote Passed 5–0 moved and seconded. Any further discussion? Not hearing any okay Do we need a roll call on this as a contract amendment or? As a contract wi
Show transcript
Council Member Weyrich Yes. Council Member Haney Yes. Council Member Francina Yes. Mayor Johnston Yes. Mayor Pro Tem Blatz Yes.

Okay motion carries. Council member reports let's start with Bill.

2:24 – 2:308 turns

UnidentifiedUnidentified speaker 4Proposed2:24:16

I'm going to make a comment for the record since, you know, I didn't want to reply to email communication regarding the payments to the sheriff in terms of law enforcement contract. We, I believe have two payments we've not made and I think it's important to understand this is in an environment where we actually don't have a contract We actually don't have a lease on the facility that the sheriff is using.

Ryan and I, and James had a meeting where we laid out a lot of these issues recently. And I think it's important to understand and just communicate to all my colleagues that I believe there's a strong case to be made where the sheriff doesn't want to make, and the county do not want to have the flexibility of the kind of policies for handling small cities that our surrounding county sheriffs do have.

In terms of what the mayor has talked about in the past in terms of fractional approaches to minimum service that we're being invoiced for services that we have really no discretion over since it's a minimum level at the same level as Fillmore in terms of the core services, which is twice the population and much more densely populated in terms of area than we are.

And that by various metrics it appears that we are... In my opinion, and I think the case is worthy of debate. It's at least a debatable honestly debatable position That we are subsidizing the county coverage in the unincorporated area with this contract. That's a point of contention, but I think that by looking at those metrics, various ways of looking at it and something on the order of what we haven't paid is not out of line in terms of proportionality.

I just wanted to say that for the record. That I don't think that what we're doing is irresponsible and I think it's a subject to an ongoing discussion, and I believe the discussion that Ryan was there as well along with James but we had a respectful exchange with the county officials. And I think that the question is open-ended and ongoing.

ElectedJohnny JohnstonMayorProposed · by role2:26:54

Okay, Susan do you have a report?

UnidentifiedUnidentified speaker 8Proposed2:26:57

Well, I just want to congratulate Josh and Rebecca Tickell for the premiere of their film, which was, you know they live in Ojai. Remember when they came to the council? Oh yeah yes. So Kiss The Ground documentary and I think they had a drive-in show last night in Santa Barbara. I believe 600 people attended. Yeah, and there's something we're missing right now. They're doing a live stream of the film and there may be a drive-in showing in Ojai. Is

ElectedJohnny JohnstonMayorProposed · by role2:27:36

that going to be on Netflix did they

UnidentifiedUnidentified speaker 8Proposed2:27:38

say? Yes it's on Netflix. Great reviews in all the major media. And great article in Ojai Valley News Friday page 85. This is everything to do with the future of Ojai because they are in support of transitioning to regenerative pesticide-free agriculture. And I emphasize the word transition, it could take many years because of financial constraints But this is critical for the future of Ojai so that our agriculture is truly sustainable into the future.

And then I want to call your attention, there's a great article in the September issue of Western City it's called From Vision to Reality Lessons Learned in Complete Street Implementation And the League of Cities is going, I'm gonna attend the League of Cities and they're having a workshop on this. I'm gonna be attending virtually right Randy?

ElectedJohnny JohnstonMayorProposed · by role2:28:42

Okay ride your bicycle virtually yes okay Randy

UnidentifiedUnidentified speaker 7Proposed2:28:50

No other than I think Bill's comments are worthy of an agendized discussion. So, I was a little concerned about where he was heading to it heading you know into the statement but I think this is something that we should have as a council a better understanding of what him and Ryan Are talking to and talking about, and which way we think that we're going to be heading.

Especially if if were if we owe them a certain amount of money and we feel not contractually have Obligated to make that payment because we don't have a contract, but I'd like to see that

ElectedJohnny JohnstonMayorProposed · by role2:29:30

agenda. Yes and no, but you're right. And I think that I've spoken with the city manager on this to talk with the city attorney or really talking about is renegotiating a contract. And so it would be better handled through the attorney of the city manager setting it up and like you say Randy get it on an agenda where we can discuss it or negotiate I don't know what limits we have on.

It's not the sort of thing that normally you would be doing, you know, the proposal would be in public but we should be understanding what the negotiation is going to be about so far. I don't think the county is taking this terribly seriously and I think that's too bad but it is a, it is what it is okay. Ryan are you with us?

2:30 – 2:3717 turns

UnidentifiedUnidentified speaker 5Proposed2:30:20

Yeah, we did have our meeting with the county. I personally do think we have a valid contract it's just expired but it's been ongoing and the legality of it. I don't think it's a non-contract but it's been a difficult battle but I don' really think well, we can bring it back there's nothing to bring back though. There's been no counter offer there's no thing we can accept.

We talked about potentially making an offer to them, because it seems like that may be the next appropriate step. But I don't really want to talk about it in public because it's an ongoing negotiation. I didn't really think we should bring it up and I thought we weren't going to bring it up at all but uh it's ongoing so that's where we're at. I agree with

ElectedJohnny JohnstonMayorProposed · by role2:31:05

you

UnidentifiedUnidentified speaker 5Proposed2:31:05

so

ElectedJohnny JohnstonMayorProposed · by role2:31:05

we'll put it in. I attended a webinar as always you call it virtual on what they call orphaned and idle oil wells. That's kind of hard to say, you know pick a pickle pepper. The state of California has a law that says that the oil and gas producers have an obligation when wells are out of service or marginally productive and are being dropped to plug the wells because as a well ages If it isn't properly sealed off or if it's just left idle, it gets worse and worse for the environment all the way to explosive gases as well as the air pollution. Anyway, the thing that caught my attention was that it's estimated that in California alone there is about eight and a half billion dollars in idle and marginal Or orphaned wells.

And there's about something less than $80 million in the fund that's supposed to repair that. And then the kicker was, the state is not doing too much about this without requests coming from the local governments and the school district, Beverly Hills High School I think I have it right? has spent $50 million. Plugging wells that were drilled on their property and neighboring properties for the health of the students. Anyway, I bring this to the council's attention because I think I put a request in and James and I both tuned into this.

We're gonna find out we know that we have one well that's probably right on the border. You know, we had that issue today, but I guess southeast of us where oil is produced and It shows up in the inventory of these wells that are idle. So I think it's gonna be worth the council making that request and verifying the information, and then seeing where that leads us. That's incredible you talk about what was it?

Was at the Superfund for hazardous cleanups or something the feds have, and of course under the president administration none of that's available. But in our little valley, we really do not need abandoned wells that have not been properly sealed. So anyway for what that's worth James you have a report for us?

UnidentifiedUnidentified speaker 3Proposed2:33:46

Just a couple of quick things one is actually in line with with that is today the county held hearing on the Coningston Road project which the city under its legislative program had written a support letter because Because it involves flaring and trucking out oil, which are concerns in the Valley. So we provided a support letter and my understanding that I just got an update as we were talking is that Supervisor Bennett had made a motion to postpone the project until the general plan, the Ventura County General Plan takes effect because the general plan does not support flaring. And that motion passed so looks like- We're

UnidentifiedUnidentified speaker 4Proposed2:34:31

turning a

UnidentifiedUnidentified speaker 3Proposed2:34:32

corner here,

UnidentifiedUnidentified speaker 4Proposed2:34:33

that's wonderful.

UnidentifiedUnidentified speaker 3Proposed2:34:37

And then just two other quick things. One is that we have election information on the ohicity.org, there's a election button that you can click to get election information which includes a picture and map to the ballot drop box which we think will be a much needed commodity this year as the ability to drop the ballots off without getting out of your car. You can pull right up it's right next to City Hall And so that map is available on that website. And we're also gonna post some additional information on our social media pages and-

ElectedJohnny JohnstonMayorProposed · by role2:35:17

That's no postage necessary, right? Yes. How often is that picked up or do they just leave it there until it's

UnidentifiedUnidentified speaker 3Proposed2:35:24

fuller? I know Gail's working the deputy city clerk Gail Davis is working closely with the county and I think they are planning to do more pickups than And so just

UnidentifiedUnidentified speaker 2Proposed2:35:37

that

UnidentifiedUnidentified speaker 3Proposed2:35:44

and then last thing is that we are planning to sort of relaunch our general plan update. I think as far as bad timing goes, we had scheduled our kickoff on March 13th which we ended up cutting short It's kind of we agreed, we wanted to do town halls and things like that. And we agreed to kind of, you know, hold off a little bit and see what happens. So over the last two months, we've been working on a plan to relaunch it. So the first step will be October, we're going to have presentations at each commission meeting.

And do presentations for each commission, get feedback from each commission. We're also working with different groups like businesses and things like that to schedule some other additional meetings and trying to get some of those additional voices we talked about. But you'll start seeing it pop up on some commission agendas and hopefully start hearing people talking about it. So we're going to start trying to get that going.

ElectedJohnny JohnstonMayorProposed · by role2:36:52

OK, is that it? Then we, uh, future agenda items. Oh, pardon me, Randy.

UnidentifiedUnidentified speaker 7Proposed2:36:59

Um, you know, this isn't an agenda item, but, uh, I just wanted to ask James, you know, James, we had, um, had the, uh the speed bump a group over here on drown. Yes. And, um, yeah, I received a, an email from Shauna today and she was just inquiring about the money that had been donated and set aside in and uh, what my thoughts are about proceeding with that. And I, I sent her back an email stating that it's pretty difficult time. So I'm not sure if we're going to be matching funds or if we're going to be doing anything this year. Um, but then I would talk to you about it and probably talk to you tomorrow Harmon Zuckerman, PB He, Him, His): There. Yeah. Harmon Zuckerman, PB He, Him, His.: : Right back to her about where we think we are on that.

UnidentifiedUnidentified speaker 3Proposed2:37:41

Okay, we can provide it what will do is will provide an update to the full Council on how much was raised and what the cost was and then we can we can decide. I'm not sure exactly.

ElectedJohnny JohnstonMayorProposed · by role2:37:51

Thanks. Thank you. Okay. Any future agenda items. Well,