City Council — 2020-11-10November 10, 2020

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BodyCity Council
MeetingRegular Meeting
Date📅 November 10, 2020

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Meeting Summary

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Present: Johnston, Blatz, Francina, Haney, Weirick

This summary was AI-generated to save you time. It may miss or misstate details, so verify against the official recording and the transcript.

At a glance

Reach Code Ordinance Adoption

  • Staff presented the ordinance mandating all-electric new buildings with specific exemptions for temporary structures and affordable housing.
  • Council clarified the six-month review clause is for effectiveness evaluation rather than an expiration date.
  • Public testimony highlighted climate benefits while opponents raised concerns about gas resilience and construction costs.
  • The ordinance was approved as amended to include a stipulated fee and appeal process.

Maricopa Highway Lane Reduction Project

  • The City Manager proposed a tactical urbanism demonstration to convert an outer lane into a protected bike lane and parking.
  • Consultants outlined a data collection plan using sensors to measure traffic volumes and cut-through patterns.
  • Public comments addressed safety improvements alongside concerns regarding traffic bottlenecks and property owner outreach.
  • The Council approved the Memorandum of Understanding with SCAG and authorized the project extension if necessary.

Middle Stewart Canyon Restoration Contract

  • Staff recommended awarding a $265,000 construction contract to Mark Cranes Tree for invasive species removal and native replanting.
  • Council members proposed limiting change orders to 15% of the contract amount instead of the standard 25%.
  • Discussion included plans to mulch removed vegetation or repurpose materials for community benches and art.
  • The motion to authorize the contract with the reduced change order limit was passed.

Regular Meeting Cancellations

  • Staff identified three remaining meetings for the year and discussed the necessity of each date.
  • Council considered moving the cannabis tax discussion to December 8 to allow for cancellations.
  • A motion was made to cancel the meetings scheduled for November 24 and December 22.
  • The motion to observe a winter recess by canceling those two dates was approved.

Pandemic Status Report

  • Staff reported that Ventura County's case rate reached 7.2 per 100,000, exceeding the threshold for the "purple" tier.
  • The update noted rising hospitalizations but decreasing ICU numbers, with private gatherings driving new cases.
  • A return to the purple tier would require closing indoor restaurant and church operations.
  • Recreation programs will remain outdoor-only and Libby Bowl will stay closed to public gatherings.

Closed Session

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

Full summary

Agenda Item 1: Approval of the Agenda

  • The meeting was called to order, a quorum was confirmed, and the Pledge of Allegiance was recited. The Mayor noted the dedication of a new flagpole at the sheriff's substation. A motion was made to approve the agenda as submitted and was seconded. No objections were raised, and the motion passed.

Agenda Item 2: Consent Calendar

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

Agenda Item 3: Public Hearing and Adoption of the Reach Code Ordinance

  • Staff presented an overview of the proposed Reach Code Ordinance, which mandates that new residential and non-residential buildings be all-electric. The presentation detailed specific exemptions, including temporary buildings, certain ADUs, emergency generators, affordable housing, PACE projects, remodels of properties with prior Certificates of Occupancy, new restaurants, and pool heaters. A hardship or infeasibility exception was also noted. Staff recommended that the Community Development Manager handle initial exemption requests, with appeals proceeding directly to the City Council.
  • During deliberation, Council members clarified that the ordinance's six-month review clause mandates a future discussion on effectiveness rather than serving as an expiration date. The effective date was identified as 30 days following the second reading vote. Discussion regarding the appeal process included a proposal to route appeals through the Planning Commission before the City Council and to establish a $100 appeal fee. Staff estimated full cost recovery at $250–$350. Legal counsel clarified that the Reach Code is a land use policy, making the Planning Commission and City Council the appropriate review bodies. No formal motion was made regarding the specific appeal process or fee structure at that time.
  • The public hearing was opened, and testimony was received from multiple speakers. Supporters cited climate change mitigation, public health benefits regarding indoor air quality, and cost savings. Several speakers urged the Council to limit or remove exemptions, particularly for ADUs. Opponents and concerned parties, including representatives from SoCalGas and local contractors, raised concerns regarding the speed of the process, the necessity of gas for resilience during power outages, the availability of renewable natural gas, and potential economic impacts on property values and construction costs. One speaker addressed Measure G during public comment, though this was noted as outside the scope of the Reach Code hearing. The hearing was briefly closed and reopened to accommodate two additional speakers who supported the ordinance and recommended removing certain exceptions before being closed.
  • Regarding public comments, a Council member requested that the Climate Committee address written comments regarding biogas and gas company positions, noting 48 written comments supported the original proposal and six opposed it. Another Council member argued that a full vetting was unnecessary given the scheduled six-month review. A proposal was made to make all written public comments available online; staff noted this would require adjusting submission deadlines, and the City Manager agreed to facilitate easier access.
  • A motion was made to approve the Reach Code ordinance as amended, incorporating a stipulated fee and appeal process. The motion was seconded. The Council proceeded to a vote on the second reading of the ordinance. The motion passed.

Agenda Item 4: Maricopa Highway Lane Reduction Demonstration Project

  • The City Manager introduced a demonstration project scheduled to launch on December 7, requiring Council approval of a Memorandum of Understanding (MOU) with SCAG. The project utilizes "tactical urbanism" to convert a wide outer lane on Maricopa Highway into a protected bike lane, buffer, and on-street parking using low-profile delineators and planters. Consultants presented a data collection plan utilizing sensors to measure traffic volumes, speeds, and cut-through patterns at specific intersections.
  • The City Attorney explained the MOU's reciprocal indemnification provisions between the City, SCAG, and the consultant. Public comments included concerns regarding lack of outreach to adjacent property owners, potential traffic bottlenecks, funding shortfalls, and the timing of the demonstration during pandemic restrictions. Other speakers expressed support, citing safety improvements and reduced emissions.
  • A motion was made to approve the MOU and authorize the project extension if necessary. The motion was seconded. Following discussion on liability, volunteer coverage, and the necessity of the demonstration to evaluate safety improvements, the motion was put to a vote and passed.

Agenda Item 5: Middle Stewart Canyon Restoration Project

  • Staff presented an update on the restoration project, which aims to restore habitat, preserve water, and reduce fire risk by removing invasive species and replanting native vegetation. The project includes employment opportunities for local youth. The primary action was the approval of a construction contract with Mark Cranes Tree for $265,000, the lowest bid received.
  • During deliberation, a Council member questioned the scope of change orders, proposing a limit of 15% rather than the standard 25%. Discussion also addressed the disposal of removed vegetation, with staff indicating a plan to mulch some material and Council members noting potential community use for benches or art, subject to contractor timelines. A motion was made to authorize the Public Works Director to approve change orders not to exceed 15% of the contract amount. The motion was seconded and passed.

Agenda Item 6: Cancellation of Regular Meetings

  • Staff presented an item regarding the cancellation of regular council meetings to observe a winter recess. The three remaining meetings for the year were identified as November 24, December 8, and December 22. Discussion focused on the necessity of these dates, noting that the cannabis tax discussion could be moved to the December 8 meeting if the November 24 meeting were canceled. A motion was made to cancel the meetings scheduled for November 24 and December 22. The motion was seconded and passed.

Agenda Item 7: Pandemic Report

  • Staff provided a verbal update on the COVID-19 status in Ventura County. The report indicated the county's case rate had reached 7.2 per 100,000 residents, exceeding the threshold for the "purple" tier. Staff noted that while hospitalization numbers were rising, ICU numbers were decreasing, and private gatherings were the primary driver of new cases. A return to the purple tier would require the closure of indoor operations for restaurants and churches and could impact school openings. It was confirmed that recreation programs would remain outdoor-only and Libby Bowl would remain closed to public gatherings.

Council Reports and Other Business

  • Council members provided reports on various topics, including a county resolution declaring a health crisis regarding racism, a drive-in screening of the film "Kiss the Ground," a flag ceremony, and the completion of a utility box art project. A future item regarding a mural ordinance was noted.

Discussion on Swearing-In of the New Mayor

  • A discussion was held regarding the procedure for swearing in the new mayor on December 8. It was stated that the Clerk, in coordination with the City Manager, would handle logistics. No formal motion was moved, seconded, or voted upon during this segment.