BodyCity Council
MeetingRegular Meeting
Date📅 November 10, 2020

UnGovr Transcript

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

0:00 – 0:0929 turns

CommentMaria VenturaProposed · by introduction0:02

I'm calling the regular City Council meeting to order. Will the clerk please call the roll?

Roll call — called by Unidentified speaker 2
Show transcript
Mayor Johnston? Here. Mayor Pro Tem Blatz? Oh, he's here. Council Member Francina? Here. Council Member Haney? Here! Council Member Weirich? Here
Pledge of Allegianceceremonial · click to expand
CommentMaria VenturaProposed · by introduction0:25

Okay we have a quorum. James will you lead us in the pledge?

UnidentifiedUnidentified speaker 2Proposed0:31

Thank you. Let me begin,

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.

Agenda Discussionitems moved / continued / pulled — click to expand
CommentMaria VenturaProposed · by introduction0:49

Thank You James I know it's not on the agenda but a real quick tip of the hat or congratulations are the sheriff substation had a dedication this morning for the American flag, and the new flagpole I don't know if you're all aware that. But James Fryhoff. Okay, we are for the approval of the agenda. Does anybody have any changes that they'd like to make? If not, the agenda stands approved as submitted. We have no presentations this evening.

Public communications will start at 730. I even set an alarm, Sousa, on my cell phone to remind me in case we get carried away on something. We'll try to work our way around that. So that brings us to

consent calendar. Does anybody have any items they wish to pull? If not, do I have a motion for approval? Move to approval. OK, we have a motion to approve. A second?

UnidentifiedUnidentified speaker 3Proposed1:57

Second.

CommentMaria VenturaProposed · by introduction1:58

OK. Moved and seconded. Is there any objection? Hearing none, so ordered. Okay that takes us to, I've got to turn the page here, item two, the public hearing. James would you like to introduce the topic before we?

UnidentifiedUnidentified speaker 2Proposed2:22

Sure, and we'll keep it very brief. It's just a high-level overview of the Reach Code Ordinance. Let me see. I'm pulling it up. And we tried to keep it very simple. And I think we've talked about this the last couple of council meetings, but just for as a reminder and for the public reach code is an ordinance that requires that newly constructed residential or non-residential buildings and or related outbuilding structures and equipment be built all electric otherwise without gas is what they mean by all electric We've discussed this the last couple meetings City Council on the 13th directed staff to draft an ordinance based on the discussion.

We did so, and then on October 27 that ordinance was introduced. The ordinance includes exemptions and exceptions that were discussed at those two meetings. And again trying to keep it very simple this is the list of exemptions and exceptions Temporary buildings such as construction trailers, attached ADUs, freestanding ADUs if an upgraded panel is necessary. An emergency generator powered by natural gas. An affordable housing project and that's as defined by the state a 55-year covenant restricted affordable housing project. PACE projects which is a property assessed clean energy project. Remodels or modifications to properties that received Certificate of Occupancy prior And that's because that's what we estimate that the ordinance would go into effect and be approved.

And then, that next bullet should have been removed and replaced with the two below it which is new restaurants and pool heaters. And then finally there's a hardship or infeasibility exception as well for that you know could be applied if needed And then I think one of the critical points to discuss today is at the last meeting we talked about the appeals process and council discussed several options.

So, we've left that blank it can be filled in and adopted but what we recommended in the staff report what we're proposing is identifying the community development manager as the person responsible they would approve or deny exemptions through the zone clearance process so that the applicant Harmon Zuckerman, PB He, Him, His): Gets an answer early on and knows what what their options are or if they'll be able to have gas or electric or you know they'll always have electric but there'll be able to have gaps.

And then staff proposes that appeals will then proceed directly to the City Council. The biggest negative with that is that the appeals do take, you know would take meeting time. However we don't anticipate very many appeals so it'd likely be one to two a year and I think relatively quick at those times. So with that council can choose to accept that recommendation, fill in the blanks and then you know adopt that ordinance or they can determine an alternative and fill in the blanks accordingly there as well.

I think the exemptions in the appeals process are probably the two things we would discuss at this point but with that the ordinance is in your packet before you and I know we had a public comment as well so That's the general overview.

CommentMaria VenturaProposed · by introduction5:54

Okay, for the benefit of the audience and the council, the procedure will be the council now has an opportunity to ask any questions they may have of staff. And when those questions are, that's without getting into the deliberation then we will open the hearing and take testimony from the public. And when that concludes, we will close the public hearing and bring it back to Proceed to whatever discussion that they feel is appropriate and then we'll approve or disapprove.

So let's start with the questions I see one hand, Susan do you have a question?

UnidentifiedUnidentified speaker 3Proposed6:36

I just want to be clear whatever we decide tonight is with the understanding that this comes back in six months.

CommentMaria VenturaProposed · by introduction6:46

I think that was whatever, that's what Ryan requested. I don't know that it needs to necessarily be or will be part of the certainly out of the ordinance but frankly you can bring it back every six months forever if you wish just you know we know if they're on a city matter pardon me the city attorney has got his hand up quick Matt you answer

UnidentifiedUnidentified speaker 4Proposed7:05

it yes thank you Mr Mayor what's in the draft ordinance based on the motion that was approved last time is in the final section section eight a six-month review It does not render it ineffective. It means that council gets a chance to talk about the ordinance And make any changes so desired. But it's not an expiration date, it's a discussion.

UnidentifiedUnidentified speaker 3Proposed7:24

Okay, so it makes

UnidentifiedUnidentified speaker 4Proposed7:26

a commitment

UnidentifiedUnidentified speaker 3Proposed7:27

to the public. That's

CommentMaria VenturaProposed · by introduction7:29

what you were looking for, wasn't it Ryan? A commitment to be sure we come back and we don't want any unintended consequences.

UnidentifiedUnidentified speaker 5Proposed7:36

Bill's hands up, Bill. And just to be precise about that Mr. Summers, six months from effective date. So that's six months which would be 30 days after the vote to approve the second reading.

UnidentifiedUnidentified speaker 4Proposed7:48

Correct, so to put it in concrete terms if the council is so active tonight to adopt the ordinance then it would be 30 days from now December 10th when it takes effect then six months hence. So that'd be about June 10th and then whatever the next council meeting is after that. Okay thank

CommentMaria VenturaProposed · by introduction8:07

you. Okay Randy you had your hand up.

UnidentifiedUnidentified speaker 6Proposed8:11

Matt answered my questions I was just ensuring that if it passes tonight it's considered the second reading And then 30 days hence it becomes policy.

CommentMaria VenturaProposed · by introduction8:20

So- Right, okay and then in six months council would be committing to review and take further testimony on how well it's working. Okay with that I guess we're ready to open up the public hearing is that right Mr. City Attorney?

UnidentifiedUnidentified speaker 4Proposed8:35

Yes,

CommentMaria VenturaProposed · by introduction8:36

that would be normal. Okay well the drop of the gavel uh the public hearing is now open if the clerk will start introducing people from the waiting room and allow them to tell the council what they think

UnidentifiedUnidentified speaker 1Proposed8:49

okay and also um we have all of the members of the climate committee available if you have any questions for any of them

UnidentifiedUnidentified speaker 6Proposed8:59

okay Mayor, do we have a question of the committee before we start? Not not a question for the committee but a question for you. How many people do we have calling

UnidentifiedUnidentified speaker 1Proposed9:08

in?

UnidentifiedUnidentified speaker 6Proposed9:10

15. Did we want to limit their comments to two minutes or did we want to reduce it based on I think there's going to be just if there's going to be more on ATP and there might be more.

CommentMaria VenturaProposed · by introduction9:22

Gail how many comments do we have on ATP?

UnidentifiedUnidentified speaker 1Proposed9:26

Seven We

UnidentifiedUnidentified speaker 5Proposed9:30

have eight now. I would support staying with three, if that's okay.

CommentMaria VenturaProposed · by introduction9:33

Yeah we can get through both of them in about an hour and 15 minutes. It was a good point though Randy thank you. Susan did you have?

UnidentifiedUnidentified speaker 3Proposed9:39

Oh I just want to...I agree that we should give three minutes because we're in the midst of a great teachable moment and I think we need to hear the public and people that are watching I think want to hear what the public has to say

0:09 – 0:1628 turns

CommentMaria VenturaProposed · by introduction9:58

If you want to weigh in on that, if not we'll stay with the three minutes. Thank you Randy for bringing that up because that is something that we need with the Zoom. We can't look out at the audience and look at a stack of cards and know what our time management is but we can get through 25 I'm sure. Okay with that Gail would you kick things off for us?

UnidentifiedUnidentified speaker 1Proposed10:19

Okay the first person is Doreen Farr.

CommentMaria VenturaProposed · by introduction10:23

Okay Doreen are you out there?

UnidentifiedUnidentified speaker 6Proposed10:29

Green Farm might be on ATP.

UnidentifiedUnidentified speaker 7Proposed10:33

I apologize, I guess I put the wrong number down but I want to speak to ATP instead please.

CommentMaria VenturaProposed · by introduction10:38

Okay we'll shift you over to that Gail what else do you have? Thank

UnidentifiedUnidentified speaker 1Proposed10:42

you okay um the next one let me mute her first The next one is Kit Stoltz.

CommentMaria VenturaProposed · by introduction11:03

Kit, are you there? Kit, are you out there?

UnidentifiedUnidentified speaker 1Proposed11:10

There we go. Kit, you should be able to go.

CommentMaria VenturaProposed · by introduction11:13

Yeah. Kit you're ready? You on?

UnidentifiedUnidentified speaker 1Proposed11:20

Let me try again. It's the software is misbehaving. I'm clicking the allow to talk button and it's not working, let me talk to James Hahn one moment.

CommentMaria VenturaProposed · by introduction11:45

Like being at the board of supervisors sharing room this morning.

UnidentifiedUnidentified speaker 3Proposed11:49

Maybe we could ask Gail to do the next two or three so people could be ready?

CommentMaria VenturaProposed · by introduction11:57

What is she saying that the problem is, is the waiting room. She has to be able to get the mute turned

UnidentifiedUnidentified speaker 3Proposed12:03

off? Yeah, yeah, but I mean after we resolve that-

UnidentifiedUnidentified speaker 1Proposed12:07

Okay. We figured it out. It's the... I'm going to promote this speaker to panelists. It' because Kit is using an old version of Zoom so...

CommentMaria VenturaProposed · by introduction12:20

Okay.

UnidentifiedUnidentified speaker 1Proposed12:22

Go ahead you should be able to speak now.

CommentMaria VenturaProposed · by introduction12:25

Are you there? Thank you. I will be as quick as possible. Well, as you know, I'm

UnidentifiedUnidentified speaker 8Proposed12:32

speaking for the Ojai

CommentMaria VenturaProposed · by introduction12:33

Valley Green Coalition we were founded

UnidentifiedUnidentified speaker 3Proposed12:35

basically

UnidentifiedUnidentified speaker 8Proposed12:37

back After an inconvenient truth to combat climate change. I'll note just briefly about that same time back in 2006 under Governor Schwarzenegger, the state passed AB 32 which was a pretty dramatic attempt to reduce emissions to 1990 levels at that time business interests said that it would be disastrous in various ways. It would lead to rolling blackouts, soaring costs and would be a so-called job killer.

In fact it has not been any of those none of those problems that come along are this state set a remarkable standard reducing reaching those 1990 levels by 2016 four years ahead of schedule We are nearly at 50% renewable energy. And this idea, modest in comparison is an attempt to extend that basic principle of electrification and reduction of greenhouse gas emissions to the home.

And I just think it's we think it's a very good idea. There's a great deal of research backing it up both from the state of California from Information Agency, which points out that California per capita is the fourth lowest consumer despite the fact that we are an enormous state and use more energy total than anybody else. I also think it's important to mention that according to the Rocky Mountain Institute and the State of California and numerous others All electric homes are actually cheaper to install.

According to a 2018 white paper from the Rocky Mountain Institute, quote, let's see if I can find it. The mixed fuel home i.e., with gas furnace water heater air conditioning new gas connection costs has a higher upfront whole cost than the all-electric home. Why is that? Basically, it's not very complicated. An all-electric home means using a whole house

UnidentifiedUnidentified speaker 6Proposed15:03

heat

UnidentifiedUnidentified speaker 8Proposed15:03

pump which eliminates the separate cost of a gas furnace. There is also a lot of interest and research around induction stoves replacement, the common replacement these days for gas stoves and the City of San Jose has this interesting program to encourage use by allowing residents to rent a portable induction unit to try it out. And they report, quote, they heat twice as fast than gas have a better temperature control and improve air quality in the home.

There's really a lot of evidence for this program. And finally, am I done? Your time is

CommentMaria VenturaProposed · by introduction15:49

up. Quick comment.

UnidentifiedUnidentified speaker 8Proposed15:52

Okay. Last point, we are trying as a state, as a nation, as a species to avoid what scientists call the higher warming scenario which would be truly disastrous and this effort, the all electric home is a small but vital step towards a safer world.

CommentMaria VenturaProposed · by introduction16:17

Okay thank you appreciate it. Gail next speaker is?

0:16 – 0:2829 turns

UnidentifiedUnidentified speaker 3Proposed16:25

May I just add that I sent the council the report from the Rocky Mountain Institute. You

CommentMaria VenturaProposed · by introduction16:32

should have

UnidentifiedUnidentified speaker 3Proposed16:32

seen it yeah.

CommentMaria VenturaProposed · by introduction16:34

That was very interesting Gail, do you have somebody else for us?

UnidentifiedUnidentified speaker 1Proposed16:38

Christopher Young. But there he goes. He's Christopher. You should be able to speak now.

CommentMaria VenturaProposed · by introduction16:45

Chris, are you there?

UnidentifiedUnidentified speaker 9Proposed16:46

I am OK. Welcome. Thank you very much. Truly a pleasure to have the opportunity to speak to you. I think I just have two quick thoughts to share. The first one is If we as a community at this point can't make this relatively minor move towards using less petroleum, the question that comes to me is How in the world are we going to protect our children from climate change?

I would be really surprised if any of you on the council have the sense that our community, our state, our nation are moving at anything other than a snail's pace as it relates to dealing with this existential crisis. So that's point one. Point two, and I'm not. is important regarding the future potential of using biogas and piping it, I guess through obviously through those same pipes.

Again given this snail's pace that appears we are moving at towards doing Much of anything about controlling out-of-control climate change. It's just it's at least difficult and I admit, I'm not knowledgeable in this area but it is at least difficult for me to imagine that in the next 10 or 20 years we are actually going to somehow be having biogas pumped into our homes I think in some ways that would be very delightful, but I wonder about that. And I think Kit Stoltz and the Green Coalition are on this. And so I support this ordinance. Thank you very much.

CommentMaria VenturaProposed · by introduction18:54

Okay, thank you. Gail, the next speaker? Gail?

UnidentifiedUnidentified speaker 1Proposed19:07

It's Scott Shell. Scott, can you unmute yourself?

UnidentifiedUnidentified speaker 10Proposed19:12

Yes. Can you hear me? We can

CommentMaria VenturaProposed · by introduction19:13

hear you, Scott. Welcome.

UnidentifiedUnidentified speaker 10Proposed19:15

Yes. Thank you so much for having this hearing and for all the work you've all done. I think it's really important. I'm an architect, and we've been designing all electric buildings for our clients for a good while now and have found it very successful. I did look up the statistics today, and in the last 10 years Almost 70% of homes that have been built, have been built with electric heat.

So I think the technology is there it's mature we're doing it. We've also been reading more and more recently about all the health impacts of gas combustion in the home and you know your hot water heater if it's gas it has to have a flu going out of your house Your gas fireplace has to have a flue going out of the house to remove the unsafe gases. A gas furnace has to have a flue going out of your house, but your gas stove doesn't.

It does have a vent hood, but only about 25% of people use their vent hood because they're noisy and people just don't like them. And so it's really putting these unsafe polluting gases inside the home. So we've gotten really concerned about that and about any kind of combustion inside the home. The other thing I just wanted to say is some people are spreading misinformation about reliability issues and they say, well you know we have power shut off sometimes or sometimes electric power goes out. We need our gas but you know all modern gas appliances need electricity. They're required by code to have electronic ignition. You know we don't have standing pilot lights anymore. It's not healthy it's not legal and so you have to have that electronic mission to get it started You know, in addition your furnace has an electric fan.

Your dryer has an electric motor. The only exception is your gas cooktop. You can light a gas cooktop with a match. You can't light the stove with the match. So that's the only exception. So I don't think those reliability issues are really an issue. So thank you for considering this and I appreciate the opportunity to speak.

CommentMaria VenturaProposed · by introduction21:25

Thank you Scott for the information. Gail, the next speaker.

UnidentifiedUnidentified speaker 1Proposed21:29

Is Steve Quillesey?

CommentMaria VenturaProposed · by introduction21:31

Steve? Steve? Yes, sir. I'm here. OK. Welcome, Steve. You're on. Thank

UnidentifiedUnidentified speaker 11Proposed21:42

you very much. I have two points. The briefing said that REACH code is electrification of new construction. I think at the last meeting Council Member Wyrick pointed out That the oft mentioned 35 cities that have passed reach codes only three or four, I think it was had actually passed reach codes that read like this ordinance. Second, I'd like to read a letter that I sent you all this afternoon for the benefit of people that may be listening tonight.

Excuse me. Dear Mayor and City Council members As you know, and I'm speaking as a member of the public though you'll infer something else perhaps from the letter. As you know, the Climate Emergency Committee briefed the Planning Commission on their Reach Code plan prior to briefing the City Council. Mr. White stated that committee's goal is eliminating the use of natural gas in Ojai.

I haven't looked at the transcript again He may have put the word infrastructure in there as well. I asked if it was part of the committee's plan to force me, as a homeowner, to stop using my natural gas appliances and he said no. I then asked how the committee expected to eliminate the use of natural gas without forcing me to stop using my natural gas appliances And he answered, it's only a goal.

So my question for the mayor and city council is as you vote tonight to adopt the reach codes for Ojai are you one making a merely symbolic statement with almost no effect on the use of natural gas in Ojai or two taking the first step enforcing me to stop using my natural gas appliances? If the latter, when do you plan to force me to stop using my natural gas appliances?

And finally, do the citizens of Ojai have any say in this matter other than waiting for the next city council election. Thank you very much for your time.

CommentMaria VenturaProposed · by introduction24:15

Yeah,

UnidentifiedUnidentified speaker 5Proposed24:16

thank you Steve. Mayor Thompson, could I just correct the record on that statement about representing what I said? Yes go ahead. Just really quickly, Steve if you're listening my comment was the very small number of cities are the ones that have a blanket ban without specific stipulations addressing possible unintended negative consequences. So what we have before us tonight is much more in the center average of what much more common presentation of what's in those cities so I wanted to correct the record a little bit on what I said

UnidentifiedUnidentified speaker 11Proposed24:54

Thank you. I appreciate the correction and I stand corrected, thank you sir. Okay Gail the next speaker.

UnidentifiedUnidentified speaker 1Proposed25:00

The next speaker is Maria Ventura.

CommentMaria VenturaProposed · by introduction25:04

Maria you

UnidentifiedUnidentified speaker 1Proposed25:05

should be able to talk.

PresenterMaria VenturaSoCalGasProposedself-stated25:07

Can you hear me?

CommentMaria VenturaProposed · by introduction25:08

Yes we can welcome Maria.

PresenterMaria VenturaSoCalGasProposedself-stated25:10

Thank you good evening Mayor and City Council my name is Maria Ventura and I'm commenting today on behalf of SoCalGas. When I spoke at your last meeting I shared information with you about SoCal Gas clean energy programs This past Friday, I emailed you a letter offering additional details about our vision to be the cleanest gas utility in North America and clarifying certain inaccurate incomplete statements previously made about building emissions, natural gas and renewable gas. I hope we had an opportunity to review our comments. It's a lengthy letter so I won't go over it all today. However, I do want to highlight six important points.

Number one, comprehensive building emission reduction strategies were omitted from your consideration Our letter includes a discussion of some proven cost-effective strategies such as energy efficiency, incentives and home weatherization. Two, renewable natural gas or RNG for short is already a part of SoCal Gas clean energy system and experts agree it is needed to help the state achieve carbon neutrality.

RNG is currently the only carbon negative fuel and we have committed to replace 20% of our gas supplies with RNG by 2030. SoCal gas customers will soon have the option to purchase natural gas for renewable sources. Incorporating this into your reach code would provide residents the ability to maintain gas service while offsetting all reports of emissions associated with their gas use, like they're really due for electricity use. Four buildings homes without gas service does not equate to decrease building cost. Many of the savings referenced by staff and the climate committee are incorrectly premised on building practices that are commonly used in the building industry.

Five, proper ventilation is the only important component to protect indoor air quality. Cooking food regardless of energy source generates certain emissions and it's the churn of the food is a primary cause of emissions not the type of heat source used. Properly maintained kitchen Range hoods can effectively remove harmful emissions from cooking regardless of appliance type. Six, experts agree that mixed field buildings with both natural gas and electricity service are more resilient to extreme weather events and disasters. Redundant energy systems enable critical services and facilities such as buses hospitals and grocery stores to operate a safe life during climate events. We applaud Ohio's leadership in environmental progressive city And we support your overarching effort to find innovative ways to reduce emissions and create a more sustainable city.

As a trust and long-time energy provider at Ojai, we are committed to work with the city to achieve these goals. We hope the information we have provided you will help make a better informed decision of how to reduce emissions from buildings in your city. Thank you for that opportunity to comment on this important policy issue.

CommentMaria VenturaProposed · by introduction27:55

Thank you Maria. Gail, the next speaker?

PresenterMaria VenturaSoCalGasProposedself-stated27:58

Is

UnidentifiedUnidentified speaker 1Proposed27:59

Andrew Ellison.

UnidentifiedUnidentified speaker 12Proposed28:00

Okay.

0:28 – 0:3511 turns

UnidentifiedUnidentified speaker 1Proposed28:03

Good

UnidentifiedUnidentified speaker 12Proposed28:04

evening, Council. Welcome. Hi. I want to congratulate this council for demonstrating vital leadership by recognizing the imminent existential threat that climate change poses to all of us and our children. And you rightly declared an emergency. You appointed competent people to a committee who have been working very hard to find tangible ways our community can immediately begin to reduce the damage we're inflicting on our climate.

I know how these people are working. I'm married to one I appreciate your thoughtful deliberation as this has gone on, but when I see the exemptions that have been proposed it reminds me that we are not truly acting like this is an emergency. In a true emergency we don't default to the status quo. I've been amused by some hand-wringing about potentially losing access to beloved gas ranges even among my climate concerned friends. This reminds me of when electric cars became widely available only a couple of years ago Electric vehicles are safer, quieter, more powerful. Offer more control, cheaper to buy feature after incentives. Much cheaper to own and operate over the life of the vehicle.

Yet until people had actually driven one they were sure their old gas must still be better. We're in a similar place on the adoption curve regarding electric induction cooking ranges. Once people try cooking with induction there's no going back. Chefs who earn their living in the kitchens are showing the way forward. Cooking like driving has evolved and most people just haven't experienced this yet.

Similarly, modern electric heating is a superior alternative to gas furnace. When our family put in a high efficiency mini split air conditioner in our home it came with a heat pump heater. This immediately proved a better cheaper way to heat our house and we have removed the old furnace and haven't missed it. We haven't missed the carbon monoxide risk that diminished indoor air quality, the fire risk, the heating bills And I think the same goes for electric heat pumps for pools.

So, I'd also challenge you to reconsider the proposed exception you've carved out for ADUs. Any home with a 100 amp panel that is adding an ADU is almost certainly going to require a panel upgrade especially if the ADU it's going to be air conditioned And even if the panel upgrade doesn't happen when the ADU is built, it will be coming as the primary home adds electric vehicle charging, as most of us will soon.

Or when they learn that they'd actually prefer to be cooking with induction in the main house as well. When an ADU was added, the panel upgrade is going to happen regardless of whether gas appliances are also present. But the cost and the trouble of the additional plumbing of a gas main to the ADU And the plumbing of gas throughout the ADU does not have to happen. The homeowner can be spared the construction expense, the long-term risks, the operating costs and they can be nudged into this carbon free future.

My concern is this exception for ADUs hazards swallowing the rule because we can project that as likely that the great majority of new construction in the coming years will be ADUs. So let's build them for the future not tether them to this burning past.

CommentMaria VenturaProposed · by introduction31:15

Thank you Andrew. I appreciate your remarks. Gail, the next speaker

UnidentifiedUnidentified speaker 1Proposed31:20

is Laura Meisch. Laura, go ahead.

CommentMaria VenturaProposed · by introduction31:25

Laura?

UnidentifiedUnidentified speaker 1Proposed31:28

Laura, unmute your mic please. Yeah, I got it. Great.

CommentMaria VenturaProposed · by introduction31:31

You got it? OK, welcome, Laura.

UnidentifiedUnidentified speaker 13Proposed31:34

Thank you. Well, I guess I'm going to be an exception to the prior speakers as we are local contractors We were pretty shocked, first of all that we'd only heard about this initiative through the paper last week and it's already on the second reading. So we felt that this was really coming too fast and that there should be more public education and awareness made on this issue I mean, we are builders in the valley for 30 years. Plus we have a house currently in plan check that we had not heard anything about this initiative. So anyway, just again fill it's very fast. Just in doing some research for our new home, we found that for the most part gas is still a preferred for efficiency and economic reasons, for gas dryers, for gas water heaters and for heating larger homes.

Gas is still the preferred way to do it. So we felt that let's see, Um, that even though our project I guess will be exempt from this. If you did pass it tonight since we are already in plan check, um, we felt that perhaps the city could at least reach out to current buildable lot owners because there is still a few in Ojai not too many, but there are some lots out there And just make them aware of what's happening because I think it really impacts the value of the lot and what people perceive they can do with their property.

And there's already so many requirements in building right now, just through the current code as far as the title 24, the high fire Provisions that we now have to fall under the earthquake structural, the landscaping requirements. There's so much on people to build these days that it's just amazing and how expensive it is. That's about all we wanted to say.

CommentMaria VenturaProposed · by introduction34:31

Okay well thank you very much Laura. Gail the next speaker?

UnidentifiedUnidentified speaker 1Proposed34:36

The next speaker is Ruth Cooper. One moment, this looks like the same problem before with the old software. Ruth, you should be able to speak? Oh, I'm going to promote her to panelist. Sorry about that.

CommentMaria VenturaProposed · by introduction34:57

Does that come with a raise or just title?

0:35 – 0:4317 turns

UnidentifiedUnidentified speaker 1Proposed35:04

Ruth, you should be able to speak now.

UnidentifiedUnidentified speaker 14Proposed35:06

Got it. Hello thank you for this opportunity to speak and I just want to say that I really appreciate the Climate Emergency Committee and their work.

CommentMaria VenturaProposed · by introduction35:23

Ruth can you speak up a little? I can't quite hear you.

UnidentifiedUnidentified speaker 14Proposed35:26

Sure. I really appreciate the work that you all are doing to address climate change, and I wanted to speak to a couple things. One is Al Gore was right. This is a very inconvenient truth. It is going to be inconvenient but we have to set that aside to some extent. I agree with Mr. Ellison that the exceptions seem excessive, particularly the ones for ADUs since Ojai is fairly built out and we don't expect a lot more building other than ADUs. So I would like to suggest that ADU not be part of the exception and that remodels also Thank you very much.

We put in a heat pump and we've experienced a hot summer and now some very cold weather, and have been very comfortable and very happy with it. So our house is being heated and cooled electrically, and we look forward to replacing our water heater and our range as we have the ability to do so. We're a family of very modest means, and we are making these changes even if it means that we have to refinance our house to do so. We feel that we all should be taking every step that we possibly can to address climate change so that we leave a livable planet for our children. This is not about saving 100 bucks here or $1,000 there. This is about providing a livable planet for our children so I think we all need to keep that in mind and really understand that there are going to be difficulties this is going to be inconvenient but we have to remember what our mission is and I appreciate the council considering What would be best for future generations and not just the people who have the good fortune to be on the planet right now.

Thank you.

not transcribed≈8s of audible speech the AI couldn’t make out▸ listen
CommentMaria VenturaProposed · by introduction38:07

Thank you. Gail, the next speaker

UnidentifiedUnidentified speaker 1Proposed38:09

is Dan Kegel. Dan go ahead.

CommentDan KegelProposedself-stated38:13

Hello can you hear me? Yes,

CommentMaria VenturaProposed · by introduction38:19

Dan

CommentDan KegelProposedself-stated38:20

you're welcome. So my name is Dan Kegel. I am an engineer and a Sierra Club member speaking to you from Los Angeles, which is considering a similar move. I use an induction cooktop. It's safer than my old gas stove, and I find it faster and just as controllable. And it costs 50 bucks. It is not like this is rocket science anymore. Second, SoCal Gas claimed tonight that they will be able to meet 20% of demand with renewable natural gas by 2030. Well first a state report found that there isn't going to be enough biogas in the state of California to do that they just can't scale it up and second the State Utility Commission's watchdog has proposed fining SoCal gas 255 million dollars this week for using ratepayer money to oppose actions like yours their credibility is limited Third, we need to get to 100% renewable not 20%.

So while this motion is not pure enough to get to 100%, it's a great intermediate step and it's very similar to what the City of San Francisco passed tonight. That's a big vote of confidence for this approach and I urge you to approve. Thank you very much.

CommentMaria VenturaProposed · by introduction39:46

Gayle, the next.

UnidentifiedUnidentified speaker 1Proposed39:48

Next we have Michael Shapiro.

CommentMaria VenturaProposed · by introduction39:51

Michael, you're on. Michael?

UnidentifiedUnidentified speaker 1Proposed39:55

Michael go ahead and unmute yourself.

CommentMaria VenturaProposed · by introduction40:03

It's going to be new in our dictionary. Welcome Michael.

UnidentifiedUnidentified speaker 15Proposed40:10

Hello, good evening City Council and Mr Mayor. This is a great step forward and we know that Ojai suffers from such a fragile air quality environment. We have to pull out all the stops do what we can to make our community healthier. And frankly, you'll be joining some premier cities throughout the state that don't have the same kind of air quality challenges that we have. Santa Monica, Santa Cruz, Berkeley, Cupertino, Mill Valley Palo Alto, major cities have gone through this study really carefully and some of those cities have some of the most brilliant scientists at their disposal. And they know this is the way forward. So I really fully support it. I do have misgivings about too many exceptions. I think we should go all out frankly that's what I believe in.

And when I went solar and my wife and I converted to all electric cars, we were able to take advantage of federal estate rebates. My question has the City Council looked into the possibility for people who want to convert all away but have the expense of going from a gas appliance to a electric heater, heat pump, stove whatever Are there any rebates out there that would make that big knot a little less onerous to take on? I think, you know, conferring with our state representatives or congressional representatives to see if it's possible to plug into similar rebates that were available for solar I'd like to see if the City Council can look into something similar so that we as a community can make this transition and it'll be a little easier financially on all concerned.

So other than that, it's a great program. I urge the city council to move forward with it. Thank you.

CommentMaria VenturaProposed · by introduction42:11

Okay well Michael in answer to that last question is that yes the city council and Climate Committee are looking into that as far as exemptions, or not exemptions but subsidies. But that would be the next step right now what is before us doesn't apply to anybody who currently is here and is enjoying whatever benefits they feel they're getting from the gas. They get to keep doing that but at some point creating incentives to move it further down the line you make a good point and I'm sure we'll continue pursuing it. Thank you.

Next speaker, Gail.

UnidentifiedUnidentified speaker 1Proposed42:51

That's all the speakers that I have on the list who are in the queue. However we have two people that are in the queue but I don't have them listed as a particular item so I'm going to bring on the first person Denise Grabb and ask her if this is the item she wants to speak on?

0:43 – 0:5642 turns

UnidentifiedUnidentified speaker 3Proposed43:19

Are we going to do public comments during some pause?

CommentMaria VenturaProposed · by introduction43:23

Yeah, we'll go right to public comment here shortly. The other person that's in waiting.

UnidentifiedUnidentified speaker 1Proposed43:29

The other person is Dennis McCarthy. And here, Denise Grabb you should be able to speak. Did you want to speak on this item?

CommentDenise GrabbProposedself-stated43:38

Yes, this item please.

UnidentifiedUnidentified speaker 1Proposed43:39

Okay.

CommentDenise GrabbProposedself-stated43:41

Good evening Council Members and Mayor and thank you for the opportunity to comment. My name is Denise Grabb and I actually work at Rocky Mountain Institute of the aforementioned paper. I'm in the Oakland office there and we're, as you know an independent nonprofit working to shift toward a low carbon future. I grew up in SoCal visiting Ohio on a number of weekends and I'm really grateful for all the city has done to move forward being the first city in its county to declare a climate emergency and for good reason. As we've seen the effects of climate change in Southern California Our action or inaction today will impact the livelihood of generations to come.

And we don't have time to wait on climate change. If we continue to build mixed fuel homes, we'll be locking in more carbon emissions for decades and increase the risk of stranded assets. Moreover there are substantial health risks from gas appliance pollution such as greater asthma risk from both indoor and outdoor pollution. The EPA has concluded that exposure to nitrogen dioxide from gas appliances causes respiratory harms and homes with gas stoves have 50 to 400% higher concentrations of nitrogen dioxide than homes with electric stoves. In fact, children living in homes with a gas stove are 42% more likely to experience asthma symptoms and 24% more likely to be diagnosed with asthma by a doctor in the first place compared to children living in homes with electric stoves.

This pollution is preventable and we need to electrify our buildings. This is especially important today as we face a global pandemic that threatens our respiratory health. Emory University recently found the greater exposure to nitrogen dioxide leads to a greater likelihood of death from COVID-19. When considering the impact of the proposed ordinance and whether or not to continue putting gas in our homes, we need to consider that That lives will directly be impacted by these emissions.

And in addition as Kit Stoltz mentioned, a report earlier found that all electric new construction is actually cheaper than mixed fuel construction and Council Member I believe Sousa responded on that front. And we also support comments from Andrew Ellison and others in favor of limiting exemptions from the rule, we want to make sure that the policies here achieve the intended goal and not have the exception swallowed the rule.

Tonight you have the opportunity to accelerate us to a safer healthier cleaner all electric future I ask the City Council to pass the proposed ordinance for all electric new construction, to improve the livelihood of Ojai's residents today and in the future. Thank you for the opportunity to comment and for your consideration.

CommentMaria VenturaProposed · by introduction46:34

Thank You Denise. Gail do we have anybody else that would like to speak?

UnidentifiedUnidentified speaker 1Proposed46:38

There's one more speaker that I don't have identified which as to which item and it's Dennis McCarthy so I'll go ahead and put him on and see if this is the item he wants to speak on if that's okay with you

CommentMaria VenturaProposed · by introduction46:50

yes

UnidentifiedUnidentified speaker 1Proposed46:51

okay Dennis, go ahead. Dennis if you could unmute yourself. One more time. Okay, so then we're done there's no more speakers.

CommentMaria VenturaProposed · by introduction47:14

Okay, well that will conclude the public hearing then. I'm going to close the public hearing but then can we with the council's agreement we can take a break and we have I think one person is waiting to make a public communication. It was 7 30 okay if there's

UnidentifiedUnidentified speaker 5Proposed47:31

time for the public communication.

CommentMaria VenturaProposed · by introduction47:35

I declare the public hearing to be closed. And Gail, we will now go to public comment or communications and you have somebody that would like to speak to us?

UnidentifiedUnidentified speaker 1Proposed47:45

Yes, we have Chelsea Setula. Chelsea, go ahead. You can unmute yourself. Hi there. Can you hear me?

CommentMaria VenturaProposed · by introduction47:56

Hi, Chelsea. Welcome.

CommentChelsea SetulaProposed47:57

Hi. Hi there. Oh God, I gotta get myself up. Oh no, there we go. I was on twice as a backup. Okay so I wanna just make sure council understands the impacts of Measure G on cannabis dispensaries because I don't think it's been adequately reported. I don't think that Ojai Valley News did the community a service when they fully endorsed this measure without actually speaking to dispensary owners about how this would impact our business.

3% of gross receipts, probably sounds like a tiny drop in the bucket for cannabis dispensary. In most of your minds that's understandable. Everybody thinks there's just dollars were a big piggy bank and I know the city needs money right now but 3% of gross receipts year to date 2020 would have been 76% of our annual net income So I want to let that set in, and I hope you all hear me. Because that is not fair.

I don't think any of the business owners on council, Council Member Blatts, if the city proposed to take 76% net income of all lawyers in the city would you feel like you were being treated fairly and equitably? Council Member Haney what about landscaping companies? You think 76% of your net income is a fair take I don't think so. And I just want to also say our sales from last year are down 4%. Okay, we're not growing.

So whatever HDL has told you is coming your way if you tax us this much is not true and you should have done better research I passed around a sheet of paper when this tax was first proposed, and I sent it again. That outlines the current status that hasn't changed. It's not going to change anytime soon until Mitch McConnell is out of Congress about how we are tasked at the federal level.

And honestly, at a personal level, this feels like I'm getting raided all over again. The price I will have to raise on what are mostly seniors, honestly majority 50% of our clientele are over 50 years old. And whether they have a medical recommendation or not they're using it for sleep and pain and anxiety. So they are the ones mostly in your city, in the Ojai Valley that are gonna get hit by this tax. It's not a 3% increase it's about a nine or 10%, because we are taxed and taxed and taxed again.

So it's not a straightforward increase and I'm begging you until the federal government changes the rules do not discriminate against cannabis in your city We've already taken so many hits and we are not thriving with dollars like everybody thinks, okay? That's a lie. And if anybody did any research and came and talked to me or the other dispensary owners, they would understand that we are not making dollars. Okay? We're trying to pay good wages. We hire people. I have 16 employees and you're looking at pay cuts. Nobody gets raises. I take away senior discounts. I raise prices. And if that's what you really want fine But it feels like a stab in the back.

It feels like the city didn't really understand what they were going for. And in comparison to Santa Barbara and all, it's poor Wainimi and all the other cities that you compare yourselves to when oh they're getting tax money.

CommentMaria VenturaProposed · by introduction52:00

Those

CommentChelsea SetulaProposed52:01

cities don't have restrictions. Those cities have no restrictions on formula businesses

CommentMaria VenturaProposed · by introduction52:07

or cannabis licenses. Your time has exceeded. I appreciate the information. May I make a

UnidentifiedUnidentified speaker 3Proposed52:13

quick comment for Chelsea? Are you still there, Chelsea?

CommentMaria VenturaProposed · by introduction52:17

We're not discussing, but go

UnidentifiedUnidentified speaker 3Proposed52:18

ahead. Yes, I'm here. Yeah. So we can't discuss it now that council member Wyrick and I have asked that this be put on a future agenda as soon as possible.

CommentChelsea SetulaProposed52:29

Thank you.

CommentMaria VenturaProposed · by introduction52:30

Okay. Thank you, Chelsea. Okay. Are there any other People in the waiting room for public communications.

UnidentifiedUnidentified speaker 1Proposed52:39

Mayor Johnston, there are no more public communications however we do have I'm not sure if it's due to my error but i see another name from agenda item two that is has popped into the uh waiting room um if you want to hear that person and i also um it looks like one of our we that we have two more people that Would like to speak on agenda item two that I'm it. I may have overlooked

CommentMaria VenturaProposed · by introduction53:07

Okay, well we've closed the public hearing and I guess we can reopen it But first check and see if the people wanted what item they'd like to discuss to be sure we know what we're dealing with

UnidentifiedUnidentified speaker 1Proposed53:17

okay? Um, I know the one person is signed up for agenda item 2 And the other one i'm not sure and that's Kathy Nolan and I can ask her if you'd like

CommentMaria VenturaProposed · by introduction53:28

Yes, please ask

UnidentifiedUnidentified speaker 1Proposed53:29

Kathy. You should be unmuted

UnidentifiedUnidentified speaker 16Proposed53:32

Can you tell us actually um you know I did register online and I selected items two and three so when my name didn't come up I was trying chat etc but it didn't work So I'll make a real quick comment if that's

CommentMaria VenturaProposed · by introduction53:47

okay. Hold everything, hold everything we just wanted to know if you want. Oh yeah, I

UnidentifiedUnidentified speaker 16Proposed53:51

do. Okay.

CommentMaria VenturaProposed · by introduction53:53

Hold everything please, please council. Is there any objection to reopening the hearing and we have two people who would like to speak? Hearing no objection okay I'm going to reopen the hearing and Gail Bring in the two folks in the waiting room or one at a time.

UnidentifiedUnidentified speaker 1Proposed54:13

Okay,

UnidentifiedUnidentified speaker 16Proposed54:14

Kathy go ahead. Okay yes so I wanted to say in alignment with the city of Ojai, well the city of Ojai aligning with the Paris Climate Agreement awhile back to combat climate change and to accelerate and intensify the actions and investments needed for a sustainable low carbon future let's continue as leaders and adopt the reach codes I would also encourage any educational programs, outreach and incentivize programs which you did allude to.

And as far as some of the exceptions, I do agree that some of those should be removed from the exception list And I will leave that to your deliberation, but I would certainly say that if you didn't do it immediately with your six month review that was mentioned earlier. That may be a time to start adding back some of the exceptions and I'll leave it at that. And I would like to say what are we waiting for? Let's move forward.

Thank you. Well, no. There were some exceptions for instance like the ADUs et cetera and I think at some point whether it's now or in the very near future we need to make sure that they do become all electric and not be an exception a further exception. Thank

CommentMaria VenturaProposed · by introduction55:38

you Kathy. Okay Gail do you have one more person that wants to speak?

UnidentifiedUnidentified speaker 1Proposed55:41

Yes this is the final person and it's Jonathan Ullman.

CommentMaria VenturaProposed · by introduction55:46

Okay Jonathan are you there?

UnidentifiedUnidentified speaker 1Proposed55:49

Jonathan go ahead and unmute yourself

CommentParis Climate AgreementProposed55:52

Hi, can you hear me now?

CommentMaria VenturaProposed · by introduction55:55

Yes. Welcome

CommentParis Climate AgreementProposed55:55

Jonathan. Hi, thank you. Thank you. I just wanted to say it's John Allman from the Los Padres Chapter of the Sierra Club. I'll make this quick please pass the reach code tonight. Make a difference. The world is burning. Let's start something right now. Okay. Thank you.

0:56 – 1:1152 turns

CommentMaria VenturaProposed · by introduction56:17

Okay with that The hearing is now closed again and the council will engage in deliberation. And I will be looking for a motion here shortly. Bill, your hands up first.

UnidentifiedUnidentified speaker 5Proposed56:32

Yeah, I want to get to the one piece of work before us to determine and that's the appeal process. I know that staff has recommended and I agree that an appeal should start with I wonder whether or not though at that point, in other words if we're gonna treat it more or less like a director's exemption really kind of step process. It's not the same thing but nevertheless where the appeal would go first there.

The normal process would be to appeal to the planning commission and then to the council and I'm more comfortable staying with this kind of system that we have anyway And normally for rather than setting up a special appeal process, I know it's a special situation but I'm more comfortable having it go through from community development director to planning commission.

I also wanna make sure we stipulate a very modest appeal fee. I would suggest similarly to how we've worked this before, maybe have a statement in there of maybe stipulate $100 or as otherwise modified by council resolution. Because otherwise people can be inhibited just by the cost of filing an appeal. So those are my two suggestions. I don't know what my colleagues think of that.

It's not throwing out there.

CommentMaria VenturaProposed · by introduction58:03

Well, I have two reactions one I think we let's ask the staff not tonight. Well maybe they wouldn't know tonight you know what the actual processing covering our cause not trying to make anything out of just what it costs to run it through Proposing a new construction project in our city, it seems like $100. If that's the price then that's fine but if that's not the price I don't see any reason to subsidize that in a project that will be costing literally hundreds of thousands if not million dollars if it's a brand new construction.

UnidentifiedUnidentified speaker 5Proposed58:40

I wasn't contemplating that every appeal would be a big dollar item. What are you thinking? Like an outbuilding or something? Yes, there might be specific

CommentMaria VenturaProposed · by introduction58:50

modest situations. Okay James do you have any idea what the basic costs just to do the paperwork and bring somebody through the appeal process? Yeah we actually just put

UnidentifiedUnidentified speaker 2Proposed58:59

that estimate together for the hedges fences and walls which had a similar kind of process and I think we estimated between 250 to 350 for full cost recovery but obviously council can choose to subsidize that

CommentMaria VenturaProposed · by introduction59:14

Okay. Other comments is that a form of emotion that we can

UnidentifiedUnidentified speaker 5Proposed59:20

go ahead and make a motion of, um, we set the fee at two 50 and I'll see if there's appetite for seconding this. And then we set it up where it goes from community development director or manager to planning commission.

CommentMaria VenturaProposed · by introduction59:42

Yeah, Susan.

UnidentifiedUnidentified speaker 3Proposed59:43

I'm sorry Bill it just I can't wrap my head around that. Are you thinking there's going to be even more exemptions than the ones you've already put in place?

UnidentifiedUnidentified speaker 5Proposed59:57

No this is we have to specify the appeal process here

UnidentifiedUnidentified speaker 3Proposed1:00:07

What do you envision would be, who would be asking for an appeals process?

UnidentifiedUnidentified speaker 5Proposed1:00:17

It's in the second reading that we have to specify an appeal process.

UnidentifiedUnidentified speaker 3Proposed1:00:21

Okay okay.

UnidentifiedUnidentified speaker 5Proposed1:00:22

That's all I'm saying

CommentMaria VenturaProposed · by introduction1:00:23

Right, I think what Bill's referring to is if it is excessively expensive to do something or it's technologically impossible to do it. They have to come and make their case so it's like a variance of sorts.

UnidentifiedUnidentified speaker 3Proposed1:00:37

Okay.

CommentMaria VenturaProposed · by introduction1:00:37

So the suggestion is that be a nominal fee.

UnidentifiedUnidentified speaker 3Proposed1:00:41

Okay, that's fine. I get it.

UnidentifiedUnidentified speaker 6Proposed1:00:43

Randy? This is probably more question to Matt or James but The standard appeal process for construction mechanisms or construction related issues would be through the BAB. Am I correct?

UnidentifiedUnidentified speaker 4Proposed1:01:01

If the item relates to the California Building Code, then yes it would be building official decision and building appeals board appeal.

UnidentifiedUnidentified speaker 6Proposed1:01:08

So are we um i'm not in disagreement with with with um Councilman Weirich's suggestion. I just want to make sure that we're not Breaking any rules. Are we circumventing BAB by going to the community development, which is in land use versus building construction? Because I see gas plumbing and fixtures and things of that nature Being more related to building construction than to land use. But so if one of you can help me to understand that better, I'm not in disagreement. I just would like clarification.

CommentMaria VenturaProposed · by introduction1:01:44

I'll give you Randy. I think what we're talking about here is a policy decision and only the City Council is elected So there's gotta be a process that comes to the city council. The BAB is supposed to be dealing with, usually there are three things. The two things under the law, one is to advise the planning or the apartment building official if he has a question about how to interpret code, he goes to the BAB and they help him do that. Or if a citizen disagrees with the application of the law, they go to the BAB and it's unappealable but these are not elected people so it's not really a policy decision They're making if we delegate this to a non elected group, it seems to me that that's not the best procedure. Now the council could do the third thing if they think it's got some technological building stuff involved in it that they don't feel like planning is thoroughly vetted.

You can refer it for an advisory opinion just like you did on fire and some other things. So you could have it both ways but By bringing it through planning and to the council, the council stays in control. On

UnidentifiedUnidentified speaker 4Proposed1:02:55

the legal side that it would not be improper to have the Planning Commission and then the Council consider these matters as the mayor noted it's more of a land use policy than is than a pure technical building code. The state building code requires decisions of the building official interpreting the state code to go to a Building Appeals Board which is supposed to be staffed with tactical experts this is something different This isn't a policy above the state minimums. It taps into land use, either you would be defensively structured to go to the planning commission and council.

UnidentifiedUnidentified speaker 6Proposed1:03:24

Okay. I just want a clarification on that. I said, I'm not opposed to it. I just wanted to understand it better.

CommentMaria VenturaProposed · by introduction1:03:30

Okay.

UnidentifiedUnidentified speaker 6Proposed1:03:30

I thought we think the community would want to understand it too.

CommentMaria VenturaProposed · by introduction1:03:33

Right? I don't hear any so put that down as a straw vote in favor of putting that into one of the blanks. What else do we have? Susan, you have your hand up.

not transcribed≈13s of audible speech the AI couldn’t make out▸ listen
UnidentifiedUnidentified speaker 3Proposed1:03:58

First of all isn't the Climate Committee waiting in the wings to answer any additional questions?

CommentMaria VenturaProposed · by introduction1:04:05

They're there if you have a question for them.

UnidentifiedUnidentified speaker 3Proposed1:04:07

Yes, I would like them to address the comment from the gas company and about the biogas. Because I know that other people think that this is some thing that's doable. I'd like to hear their comments on that.

CommentMaria VenturaProposed · by introduction1:04:25

Gail is Steve Colamea in the-

UnidentifiedUnidentified speaker 3Proposed1:04:28

And I would like to give them the opportunity to respond to any issues that came up from the comments.

UnidentifiedUnidentified speaker 5Proposed1:04:37

Well, can I make a point of order there? We're in deliberations, Susan. So I don't

UnidentifiedUnidentified speaker 3Proposed1:04:42

think we should have- But we never had the opportunity as part of my deliberations.

CommentMaria VenturaProposed · by introduction1:04:49

Well, are you confused on it? I think Steve Coleman did send us all a written explanation. Or you just want it for

UnidentifiedUnidentified speaker 3Proposed1:04:57

public- It's a courtesy since I believe Phil White is waiting. I wanted to hear if he had anything to say and they provided us with their justification for why they did not want all these carve outs. I think that at least bears some discussion because we're educating the public As well as

CommentMaria VenturaProposed · by introduction1:05:21

through that part and we had when this was crafted, the council. You and I didn't necessarily agree with it but they had some carve outs so unless somebody who voted on the prevailing side of the carve outs were not going to be going back to revisit that. But if there's no objection from the Council for the additional information about what is that biogas? Is that what the comments were made? Does anybody, I read the article. It seems like it's not an objection if say anybody else would like to hear from the Climate Committee we can do

UnidentifiedUnidentified speaker 5Proposed1:05:57

that. Well I would just say that I would like to proceed with deliberation because I think this is why I think we've crafted this very carefully. We have a six month period for a lot of these questions to become up and be more carefully vetted. And so I don't think tonight is the time to go into a full vetting of all the issues involved here. We're gonna have a six month period of further vetting.

UnidentifiedUnidentified speaker 3Proposed1:06:22

All right, well I still want to say this because we're in Zoom meetings if this was a true public hearing we would have in the council chamber 100 people tonight okay and I want to point out for the record that we had At least 48 comments in favor of the reach code as proposed by the Climate Emergency Committee. I think that needs to be addressed, okay? And even just out of respect to the public, to the better educated public we had six people who wrote letters opposing And this is in addition to the people who spoke tonight on the list of the 48 comments. I think there were four that spoke, but others did not submit comments.

I want to propose something that I feel is very important as I said earlier We're in a teachable moment, okay? The public wants to be

CommentMaria VenturaProposed · by introduction1:07:34

educated. This is not a teachable seminar right now. We did that last meeting and we had everybody from the Climate Committee there and they had an opportunity tonight to speak. Is there anyone on the Council that feels that the comments made about the biogas is not clear and is going to affect the way you vote on what we've got before us. I think you're right, Suze, it's something

UnidentifiedUnidentified speaker 5Proposed1:08:04

worth talking about but we don't have to do it right now. Yeah, I don't think it's germane to the deliberation on what's before us tonight

UnidentifiedUnidentified speaker 3Proposed1:08:11

Okay, I would like to finish my comment. I would like to propose starting today that all of the public comments that people took time to write and there were some letters that were extremely educational four page letters. For example from Jan Dietrich at the citizens climate lobby which represented 40 members that live in the Ojai Valley I would like to propose that starting today, all these comments be made available to the public the same as the county makes public comments available. And if we don't have the staff to do it, I'll bring this up perhaps at the end of the meeting again- A

CommentMaria VenturaProposed · by introduction1:08:53

question for staff, Jane? I

UnidentifiedUnidentified speaker 3Proposed1:08:54

just wanted them to know that we take their comments seriously both-

CommentMaria VenturaProposed · by introduction1:08:58

Thank you, Sousa. We've got deliberations going on and it's an important point. Let's ask the city manager. Is there any problem with making all those letters that we have received email available to the public if they'd like to read them?

UnidentifiedUnidentified speaker 2Proposed1:09:16

Well, they're always available as a public records request. I guess the question was if we want to make it available like the county does, we can do that but we would have to modify... Right now we take comments up until the council meeting which the county doesn't do, they cut off the day before so it's a little give and take. We could cut it off the day before and then have them posted. So there's a couple of councils- I

UnidentifiedUnidentified speaker 5Proposed1:09:40

think what Suze is asking if we could post them after the meeting?

UnidentifiedUnidentified speaker 2Proposed1:09:46

So we could, we would have to give a deadline of the end of day yesterday instead of end of day today and then we'd be able to post them on Tuesday.

UnidentifiedUnidentified speaker 3Proposed1:09:54

We can even post them after the meeting I'm just saying that in situations like this where we have...I've had a tremendous education from the public comments you know in all directions Even though we've made a decision, we're making a decision tonight. I think it's fair since most of the public isn't speaking on Zoom that we post all the comments and I'm

CommentMaria VenturaProposed · by introduction1:10:18

saying- We have that comment. That's a procedural one and we will pursue it. Now Randy has been patient over here. What

UnidentifiedUnidentified speaker 6Proposed1:10:25

did you get? Again where one word we're spinning our wheels on issues that aren't pertinent to the discussion here. I just want to be clear that when we make a decision like posting comments, that we need to understand that it's that we're not exempting any other comments that need to be posted on any other item. So we need to understand that that's the burden we're placing on staff is that all submitted We need to think about that and staff needs to get back

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1:11 – 1:2137 turns

CommentMaria VenturaProposed · by introduction1:11:18

Virus and what's going on right now we'll have some announcements tonight to talk about. But as you have time to do it, why don't you work with Sousa and find a way that at least people will have access they do have access they just have to we need to make a note or something of how they get it

UnidentifiedUnidentified speaker 2Proposed1:11:34

okay

CommentMaria VenturaProposed · by introduction1:11:35

as easy as possible okay?

UnidentifiedUnidentified speaker 2Proposed1:11:37

We'll do thank you.

CommentMaria VenturaProposed · by introduction1:11:38

Okay back to the

UnidentifiedUnidentified speaker 5Proposed1:11:41

topic before

CommentMaria VenturaProposed · by introduction1:11:41

us.

UnidentifiedUnidentified speaker 5Proposed1:11:41

Would it be Appropriate Mayor Johnston to make a motion to approve the ordinance as submitted and as amended by myself earlier. And seconded by you. The one on the fee? Yes, the fee and the appeal process just make a motion to approve the ordinance as amended by the stipulated fee and appeal process. Okay, but are you saying approve the

CommentMaria VenturaProposed · by introduction1:12:16

whole thing or just the amendment? Yeah. Make a motion to let's do the amendment first. Okay, well it would be appropriate. Let me just make one comment as I'm sure somebody will remind me if I don't remember myself is that the last time this came before us, I thought that the cleanest straightforward proposal came from our committee and it actually didn't spell it out but it covered everything we tried to do with the carve-outs. I lost that vote so the only way that's coming back this evening is if there's somebody who voted in favor of the carve outs Wants to reconsider any of them. And I haven't heard anybody say they did, but if you do now would be the time to say something. Yeah and if you didn't then Bill's motion is in order.

Okay well and my motion is ready to be voted maybe. Okay I'm hearing crickets I guess yeah okay then the motion before us James you need any other blanks filled in? The complete process? Okay, so that's it. And you guys are clear? You and Matt are clear on what Bill has suggested?

UnidentifiedUnidentified speaker 2Proposed1:13:25

Yes.

CommentMaria VenturaProposed · by introduction1:13:26

Okay. So I guess we're ready for a vote on the second reading and Gail will you call the roll?

UnidentifiedUnidentified speaker 1Proposed1:13:37

Mayor Pro Tem Blatz. Yes. I can't actually...

UnidentifiedUnidentified speaker 17Proposed1:13:43

Yes. Can you not hear

UnidentifiedUnidentified speaker 1Proposed1:13:44

me? Yeah, I can hear you now. Mayor Johnston. Council Member Wyrick.

UnidentifiedUnidentified speaker 17Proposed1:13:50

Yes.

UnidentifiedUnidentified speaker 1Proposed1:13:51

Council Member Francina?

UnidentifiedUnidentified speaker 3Proposed1:13:54

I'm going to give a reluctant yes, even though I'm disappointed that this council will fall with our Climate Emergency Committee's recommendation. I'm appalled but I'll vote yes.

UnidentifiedUnidentified speaker 1Proposed1:14:09

Council Member Haney?

UnidentifiedUnidentified speaker 6Proposed1:14:11

Wow, it's unanimous. We have a reach code in the city of Ojai.

UnidentifiedUnidentified speaker 3Proposed1:14:15

Thank

UnidentifiedUnidentified speaker 17Proposed1:14:16

you. There's a teaching moment about democracy and all this too. And

UnidentifiedUnidentified speaker 5Proposed1:14:23

with a six-month review, which I

CommentMaria VenturaProposed · by introduction1:14:24

think would be very helpful. It's going to be an ugly process but we've made progress.

UnidentifiedUnidentified speaker 3Proposed1:14:29

Thank you. Yeah

CommentMaria VenturaProposed · by introduction1:14:31

right and I want to thank the Climate Committee for all their work on this and in six months they have the opportunity to come back and maybe we will fine tune this and make some changes if need be. So if we can do it for fences and hedges we certainly can do it to save the planet so...

UnidentifiedUnidentified speaker 5Proposed1:14:48

We

CommentMaria VenturaProposed · by introduction1:14:48

did

UnidentifiedUnidentified speaker 5Proposed1:14:49

saving the planet

CommentMaria VenturaProposed · by introduction1:14:50

a

UnidentifiedUnidentified speaker 5Proposed1:14:50

lot faster than fences and hedges That's true, that's true. Thank you and

not transcribed≈19s of audible speech the AI couldn’t make out▸ listen
UnidentifiedUnidentified speaker 2Proposed1:15:17

I will give a brief introduction and then we've asked the consultants who have been working on this project to give a brief overview of the project, the demonstration project. We are planning currently to launch this project on December 7th so we wanted to put that date on everybody's calendars and we'll start pushing that information out. But the, this is the demonstration project a six month or longer we're anticipating it will probably be longer. A six month or longer demonstration project of the Maricopa Highway lane reduction and so with I think I will keep it brief and just leave it at that. And we have our consultants who we are asking to walk us through the project.

CommentMaria VenturaProposed · by introduction1:16:04

James, before we go to the consultant, I would just like to say that the reason this is on our agenda tonight is not because it's new or we're taking a different step but for whatever reasons there was some confusion between SCAG who provided the money And the city regarding what had to be approved by the council. And I guess some members of our staff thought that the staff could do it, and when James and our city attorney went over it they felt that you know we legally, the City Council has to approve MOUs. So it's here for them to approve something that we've already approved. I know there are some concerns about the language and both the city attorney and the city manager went back with SCAG to be sure That SKAG was indemnifying us and we're indemnifying SKAG.

I mean, it's sort of procedural but we're the ones in the field and we are the ones who applied for this grant. And I'd like to, in memory of Chris Hilger, for those of you who attended the meeting back at Sarasota Park, and I guess that's about a year, year-and-a-half ago now. He was the guy who got up and said respectfully while he wasn't wild about this whole idea He said that it would not be responsible for us to go forward without doing some kind of a demonstration. I think he even suggested hay bales or something out there so that people would get an idea in the field what we're talking about, and so all this MOU does is provide us with that kind of information. And if the information shows that modifications need to be made or if it says that it was a lousy idea or whatever, that's what the demonstration is for.

So with that, Randy?

UnidentifiedUnidentified speaker 6Proposed1:17:50

Mayor just thank you for those comments. Can we have our city attorney actually explain identification to the community and also the extents of these MOUs? And then I might have a couple more questions for him when he's done. But if he can take five minutes or less, Matt, if the mayor will allow it, I'd like to hear it.

CommentMaria VenturaProposed · by introduction1:18:20

Okay James you've heard the request that come before after we hear from the consultants

UnidentifiedUnidentified speaker 2Proposed1:18:26

I think it's fine to talk about this. We were going to flip it and have the MOU discussion at the end, but we're talking about it now. Let's address it now.

CommentMaria VenturaProposed · by introduction1:18:37

Matt, would you? Randy has a question on indemnification.

UnidentifiedUnidentified speaker 4Proposed1:18:41

Happy to cover briefly what's proposed in the SCAG MOU is a reciprocal indemnification clause. What that means is that If there is a third party claim by someone that is not the city, SCAG or the consultant say a third party who's injured in the car accident. If they bring a claim against the city as a result of this project and the city can prove that the source of the claim, the source of the accident is work done by the consultant or by SCAG then we will claim indemnity. We will claim for the defense costs against SCAG and the consultant but conversely If SCAG or the consultant are sued and the source of the claim is alleged to be something that the city did, then the city would be obligated to defend SCAG and the consultant. So what's on the table?

And this is captured in attachment C on this item three page nine section 10 indemnity is a pair reciprocal indemnity clauses. SCAG and the consultant agree to indemnify the city. The city agrees to indemnify SCAD not the consultant in return The consultant will only be able to look to its contract with SCAG and whatever that may provide. The other piece to bear in mind on this is, in terms of a practical matter, we would be obligated to identify SCAG and the consultant if there was a judgment against those two for actions or the result of the city resulting liability to a third party.

Same would be true on the other side. If a third party was held to benefit, if a SCAG consultant were held to be liable to the third party for some action we did, we'd be obligated to pay it and vice versa. The one open question is Caltrans which of course owns the road through the state where the liability lies there? Under the existing agreement with Caltrans for the design of the ATP project, similar. There's a reciprocal indemnity clause under that one as well. The city agrees to identify Caltrans for any claim that stems from the city's work. Caltrans agrees to identify the city for any claims stemming from the city's work. So in reality putting it perhaps back to more brass tacks if there's a lawsuit and somebody is injured they will name everybody City, Caltrans, SCAG and the consultant And I'm not giving you anything but a plaintiff's attorney, because they all know that.

The defense will turn on what was the cause of the accident and what was the blame for it? And that's going to depend on the exact facts. The city would contend that we didn't do anything. Consultant in Skagg did things. We might also take a look at Caltrans. And whoever caused the accident, if there's two drivers or driver-pedestrian something like that, we would want to understand what the facts were there.

But we are agreeing in the proposed MOU with SCAG to indemnify SCAG for anything that stems from the city's own actions, including the city staff's actions and vice versa. As is fairly typical in a intergovernmental grant agreement of this type

1:21 – 1:3713 turns

UnidentifiedUnidentified speaker 5Proposed1:21:57

This is fairly standard, I believe.

UnidentifiedUnidentified speaker 6Proposed1:22:00

Mayor, Matt thank you. I just had one more question again because there's a third party that's adjacent to this entire conversation and that's the school board. Are there any MOUs that we're creating with them or are there any identification that we need to think about regarding school board? The fact that what we're doing is going to impact their ingress and egress out onto their property

UnidentifiedUnidentified speaker 4Proposed1:22:26

At the moment we have no written agreements with the school board. We're not obligated to identify them, nor are they us. Were a accident to occur at the juncture between the school and the road everybody would be named and that would be a fight over what was the responsibility for it. Thank you Matt.

CommentMaria VenturaProposed · by introduction1:22:46

Okay James do you have the consultants in the queue?

UnidentifiedUnidentified speaker 2Proposed1:22:51

Yes

UnidentifiedUnidentified speaker 1Proposed1:22:57

I will move them to panelists so that you can see them.

UnidentifiedUnidentified speaker 2Proposed1:23:08

And while we're letting them in, we wanted them to walk through the project so people have every chance we have to give people a better understanding of what it'll look like in the next.

UnidentifiedUnidentified speaker 3Proposed1:23:19

Hi, Dana! Hey everybody!

CommentTony GarciaProposedself-stated1:23:25

Good to see you. So I'm going to jump right in here. Thank you for having us. We know that it's already been a long night for you guys and we're gonna try to make it as quick as possible.

UnidentifiedUnidentified speaker 3Proposed1:23:37

Okay,

CommentTony GarciaProposedself-stated1:23:49

so my name is Tony Garcia and I'm joined by Dana Wall who is our project manager on this project. I am an architect, I'm based out of Miami and we have offices in Brooklyn New York and in Miami Florida. And we do an extensive amount of work in California and really all around the country. We do transportation planning primarily that is bicycle pedestrian planning but we also back into that sort of demonstration project type through our work in transportation planning. I'm going to get into that in a second. Most of the time in our work, we're doing research on what are called quick build projects. These are just a few of the publications that we've authored. We're recognized as the global experts in what's called tactical urbanism or the quick build methodology and here are just a few of those publications.

Some of them are federal studies The National Association of City Transportation Officials recently worked with us on some streets for pandemic response recommendations for cities. And then there's all these other sort of guides that we've done, and we do these types of demonstration projects extensively. There are bike lane projects, what we call intersection repair which are curb extensions and pedestrian improvement projects And you can go to our website and see a lot of these examples

UnidentifiedUnidentified speaker 17Proposed1:25:23

there.

CommentTony GarciaProposedself-stated1:25:25

So most of the time in our work, we're actually doing planning and renderings that are similar to what I'm showing here. This is from a project we did many years ago in St. Louis. And oftentimes, we do the rendering and we're left with a discussion among constituents and city staff and city engineers about What is the right solution? And so we developed this terminology and this methodology called Quick Build, which is just a way of describing doing small short-term tests.

It's about testing before you invest. And that's the heart of the work that we do and it's the heart of this project as well. And so when you think about how we do normal projects right now, most of the time, 99% of the time, you jump right into your permanent design. And you spend many, many years, three to five years developing a design only to build it and to see that certain things didn't quite work the way that you thought they would. And so what we like to do is break down project delivery into smaller increments using temporary materials. And at each step in the process, you learn a little bit more about what the project how the project will function and you improve the quality of the materials. For this project, we're in the one year increment which means that the duration of the materials is much longer than what you would consider a pop-up.

So that idea of the hay bales I really loved that, that would have been the step one, that pop up demonstration right? Now we're going on into the pilot demonstration which is a longer duration And so why do we do this type of work? Primarily, myself as a relatively young person. I've been doing this already for almost 20 years and giving this, explaining this methodology. I don't want to wait for infrastructure to be built in my neighborhood as an advocate for 20 years. I want things to happen now and then we can figure out you know, what works as we go along. And then also it gives people an opportunity to see in real life what works and doesn't work because we can discuss the merits of a drawing or of a plan but when you see something in real life and you see how it functions, it either is a success or it is not and you can fix it but there's no discussion about it.

And so it's really based off of understanding how people use the infrastructure and designing around that rather than in a vacuum So about our process here, we started in March. The last trip that I took before quarantine was to Ojai and it was the first week of March. We had our first CAC meeting at that point and then from there we moved into within one month we had a permit submittal to Caltrans and we got that permit finally in September which in the scale of really transportation projects You know, it was a very quick timeline to get our permits. And you know we didn't know whether the school was going to be back in session or not so we're really trying to accelerate that process and that leads us now to preparing for buying the materials and just getting all of our schedules in place and some of that we're gonna explain to you in a second So just generally about the section, and there are certain locations where this is not typical.

But for the most part 90% or more of the corridor reflects the drawings that you're showing here. So your existing section is like this. It's two lanes in either direction and a center turn lane where your outer lane is very wide so it's a travel lane and a shoulder. So the design that is in the demonstration and is reflected in the permanent design, is taking part of that outer lane and creating a protected bike lane and on-street parking.

And replacing the outer lane. So that's what all of this encompasses. That outer lane, that 20 feet becomes bike lane, buffer, and parking as a typical condition. I will walk you through every block so that you see how that all shakes out Here's a quick rendering of what that would look like as you approach church and the entrance to the high school coming from Cuyama.

You can see there, and I'm going to get into the materials in a second. But you can see the travel lane and what becomes of the wide outer lane that on-street parking with the bike lane. And here you see what we call Zikla armadillos. They're little dome shaped delineator. And then our Zikla planters which are meant to approximate the locations and the spacing of the trees in the permanent project.

Now, in terms of our materials we had to work with Caltrans' standard materials. So there's a Sherwood and Williams hotline which is a standard pavement paint and then we proposed using these Ziegler Armadillos as delineators that separate the parking from the bike lane. And I think this is an important point to make here and we'll make it again, is that we thought this was important because a lot of the time, the corridor's not gonna have on-street parking so these delineators are really gonna be the only physical separation besides the planters between motorists and the bike lane. And we thought that was very important. And one of the things that we heard throughout the process We don't want the big white ugly sticks like you see all over the place.

Those are our delineators that are used frequently for bike lanes, but we were told and heard loud and clear that people did not want the corridor looking like a work zone or a highway so we were sensitive to that. And also these are so low to the ground that they're mountable And so for our emergency vehicles and any sort of evacuation procedures, people are going to be able to get over them and into the bike lane to be used as a emergency access point.

So when we install the project in December, there's going to be signage all around the corridor. Signage that directs people to the website if they haven't learned about the project so far and also to our survey so that we continue to monitor and figure out what works and doesn't work throughout the whole life of the project. So remember at the beginning I showed that diagram that said build measure learn? We're in the build part And then as soon as December 7th is over, or as soon as that week is over we're going to be in the learn part. So and measure also so that's part of why we include extensive signage along the corridor.

And I'm gonna hand it off to Dana in just one second, I wanna wrap this up on the measuring. So what is it that we're measuring and how are we doing it? And I am excited to tell you some of this because it's just really interesting technology that's providing us with information that we've never had before not in the real time way that they're giving to us. So we're gonna be measuring bike pedestrian car bus and truck volumes And just a quick note on volumes, because it's been brought up several times in terms of COVID and our current traffic patterns.

How can you measure something if our traffic patterns are not at their normal place? And that's a really valid concern I think But when we look back at the data and the data that Caltrans has out and that they report publicly, pre-COVID you had 9000 cars a day on average over the whole corridor. And our data, I'm going to show you in a second what that data looks like currently your traffic is at 8100 cars a day so the traffic has not substantially dropped as a result of COVID there has been a change obviously and it's probably Mostly due to school not being in session, which is certainly a concern.

But the actual traffic patterns haven't really dipped that much the way that we've seen in other locations where people are commuting on a regular basis to downtown, let's say. We're also going to be studying speed crashes and how people feel when they're walking and biking. That's part of that survey. And then we're also gonna be looking at cut through traffic. And we heard this early on in our CAG meetings And it's come up several times. So our NUMINA sensors, and I'm going to explain what that means in a second, they're little sort of spray can size devices that are doing our data collection and they're posted all around the corridor. There's five of them.

And so they're going to be capturing cutoffs at Valle Rio and at Church And then there are also traffic counters set within the neighborhoods right now capturing before data and will be able to capture after data. So our, our data collection effort is pretty robust not only along the corridor but the spillover effect is going to be measured and quantifiable We're also looking at in terms of what is it that we're evaluating. That Church Road entrance to the school, I think was one of the main issues that came up from the start of the project. We're also looking at truck turns and the radii that were using all these intersections. We'r going to be cognizant of the MRI truck access to the hospital which is why Those delineators being so low to the ground is important, an MRI truck can go right over the delineators no problem.

And then there's also access to bonds and in general how are these materials performing? Our permit requires us to have monthly recording to Caltrans on these key metrics and then we will be working with the city to monitor over the first few weeks All of these metrics and making sure that if there are backups or if there's any sort of issues that those things get addressed early on, we get ahead of it.

And then I just wanted to show you that those Numina devices, this is the type of data that they pick up. So here, they're not capturing any person's data so it's all anonymous and the devices pick up Basically, physical features like the size of something and then they extrapolate what that vehicle is or what that movement is. And we can teach it to do different things like study the turning movements or other types of behaviors.

And just to wrap up the data, and I'm sorry to talk about it so much but I find this to be so cool. Without this technology typically you'll have a traffic engineer do an analysis to come up with some of this data. This information what you're looking at right now is basically a snapshot of a day from this past week. So it is actually what happened An extrapolation or some algorithm somewhere, it's just the raw numbers. So there you see there were 102 pedestrians at this location 26 bicyclists and 7200 cars.

So that alone having that access to real time data is going to be huge for where this project and for a quick build projects in general I think all on the And so, okay. I'm going to hand it off to Dana who has really stewarded this project along and I have to thank her publicly because she's done a phenomenal job. So, Dana take it away and walk us through the block by block here. I'll advance for you.

1:37 – 1:5116 turns

UnidentifiedUnidentified speaker 18Proposed1:37:54

Okay. Got it. All right, great. Hi everybody thanks for having us. So I apologize if it's a little bit small to see these project plans happen on the project webpage so if you want to refer back to them blow them up that sort of thing but I think I'll just very high level go through the basic elements of the plan of what you'll see in these drawings So obviously as Tony referenced before, you know we're looking at a seven foot bike lane. A five foot buffer pretty much consistent throughout with some slight variation as well as the eight foot on street parallel parking lane.

You're also going to see I guess Tony if you can just like call it out with your cursor as i'm referencing so um you know you'll also see the planters that we're gonna be using. So those planters are You know, equivalent to the spacing that has been drawn in the permanent plans throughout the entire process. We also have those dots there in the site plan, those represent the low profile armadillos which we Affectionately call them. Where there is an on-street parking lane, those low profile delineators are going to be closest to the parking lane in the buffer to ensure that there is that clearance for emergency vehicles and detours using the combined bike lane and buffer where there's not on street parking, the delineators will be right against the travel lane to provide that protection for the bike lane.

Do you want to go to the next slide?

UnidentifiedUnidentified speaker 6Proposed1:39:32

Does this point out where your sensors are?

UnidentifiedUnidentified speaker 18Proposed1:39:37

This plan does not. We can point them out as we go. They're essentially at the intersection so I will have Tony point them out when we get there.

UnidentifiedUnidentified speaker 6Proposed1:39:48

You're not at the Cuyama intersection?

UnidentifiedUnidentified speaker 18Proposed1:39:51

No, there's not one there. We have five total So moving down the corridor here, I guess something to note here is that we can dive into if there are any more questions. There is going to be a U-turn, a single U-turn allowed there. That was a result of public feedback that we're hearing throughout the design process. So you'll notice the delineator placement there is a little bit different than on the other side of the street heading northbound.

Next slide.

CommentAnita HendricksProposed1:40:31

Sorry about

UnidentifiedUnidentified speaker 18Proposed1:40:31

that. Okay, and then here approaching Church Road toward the school you will see the most primary design feature here is this dedicated right turn lane. You know we think obviously with evaluation we will see we have specified this as an area specifically for the sensors to study but this is part of the design treatment at Church Road to make entrances and exits to the school at this location more efficient.

And we will obviously be monitoring that very closely. So, at this intersection there is a sensor. Basically Tony if you just wanna move a little bit to the left yeah it's affixed to a pole just to the left of the crosswalk. It's an existing pole that's there And I believe, you know it's a it's a city poll. That is, I think it's one of its the pole for the pedestrian crosswalk.

begin. So there is a sensor there and we were essentially you know able to see the entire intersection so we will be able to monitor how many cars are making lefts into the school, how many cars are making right turns and if there are any changes in that before and after traffic as a result of any of the striping especially also in the middle of the intersection.

If you want to go to the next slide Tony I think we can see it a little better

CommentTony GarciaProposedself-stated1:42:08

And just a note on that question that you had Councilman, while we don't have a Numina device at Cuyama there are counting boxes at Cuyama and Hermosa.

UnidentifiedUnidentified speaker 6Proposed1:42:21

My question is your sensor and then your delineating if you go back are you delineating this the existing ingress into the high school or the new one?

UnidentifiedUnidentified speaker 18Proposed1:42:32

Yeah so The sensors were installed the last week of September. So they have been picking up data now for over a month and what's really interesting also about the technology is that if we retroactively decide, so say two months into the process, we want to evaluate another specific area that the sensor is picking up or something like that it's essentially been collecting all of the data and storing it so that we can retroactively Um, evaluate any kind of new you know area that might pop up that we want to investigate. So um we definitely already you know we will have had plenty of time to collect a lot of before data especially now that the project will be installed in December Um, so the the another thing to point out on this intersection you know we have some added striping there within the intersection at church road.

This is intended, you know basically to make cars more confident making their turns into school which we hope will speed up and make more efficient, the ingress egress. HAB-Charlotte Pitts, Mo.: : Another thing to note which I'll touch on again and a couple of slides is the northbound segment of this block between church and Pirie the continuous buffer. HAB-Charlotte Pitts, Mo.: : Is you know what design consideration that we, you know, deliberated with our internal team and with Caltrans and with the city. I'll get back to that in a couple of slides.

The sensor at Pirie Road, if you want to point it out Tony is actually in the upper left corner of the intersection and so yep so and then as with each sensor view we try to pick up as much as possible of the intersections so we'll get those curb extensions and be able to see how they're being used there and will also be able to again pick You know, entrances and exits into and out of the school.

Next segment between Pirie and Vallerio. I think the important thing to call out here is this two-way, the bi-directional segment. Primarily it is two way to support any students who are accessing the school from the neighborhoods connecting to Valerio. So that will be interesting. We are definitely going to be monitoring the entrances into the two-way bike lane from Vallerio. We do have a sensor as well at Valerrio Basically, I think it's you know the red yield markings that are going to be removed there. It's just to the right of those.

Keep moving the arrow to the left a little bit Tony. Yeah. So we'll be able to basically see the entrances, any students that are making lefts into this two-way bike lane. And then we'll also be able to monitor if they're indeed using the two-way bike lane to enter the school at Pirie as well. We'll be able to pick that up in the sensor. So Vallerio Avenue is the fourth sensor if you want to go to the next slide.

So here, this is just a pretty consistent configuration of the on-street parking. We don't have a sensor at Carrillo and then if you want to go to the final segment there are actually two sensors at Ojai Avenue because it is a bigger intersection so and both of those are right there in the lower left corner just in front of the really big tree So one sensor is kind of viewed, is pointed toward the trail and Rotary Park. And then the other sensor is focused on the Maricopa Highway segment right there at the intersection.

And so then this is a second point that I'll refer to in a couple of slides. This merge lane coming off of Ojai Avenue was one of these other design focus areas or considerations for the permanent project that we are demonstrating With this demonstration project. So if we do want to move on to those so speaking of the considerations for the permanent project, these are three sort of primary ways or You know, things that we deliberated during the design process of the demonstration project that will be informative for the permanent project. So number one is the use of the low profile Zikla delineators being used throughout so as Tony had mentioned you know these are where we advocated for these and we wanted to use these and they're they are where they are due to the likelihood that on-street parking will not be full a lot of the time or most And we wanted to see how they functioned and how they worked in case of the permanent project, there could be some other alternative that is used to provide additional protection for the bike lane.

The second design focus area is this block between Church Road and Pirie and I will get to that on the next slide followed by I put in here the design of the 60% plans. This is what we were kind of concurrently reviewing, if not our process was a little bit accelerated even quicker than the permanent project design. So this was one area where we deliberated the design of the demonstration project to try out an alternative between Church and Pirie So you'll notice, there are not any planters which would be mimicking the placement of the trees in the permanent project. The buffer is consistent, it is legible and there's also the curve extension there at Church Road to provide additional pedestrian safety and to also slow the turning of cars there at that intersection.

And if you wanna go to the second focus area So this is another area that we also went over, you know in deliberations during the design process. You'll notice you know this is a merge lane coming off of Ojai Avenue heading northbound Um, you know this is, you know, this was designed over concerns of congestion close to the intersection. Another thing that we considered is that in the permanent project design there is going to be an off street path that reconnects the street a little bit further from the intersection And because, you know, the demonstration project is really only working within the existing striping that we have on the street. There's no new concrete or changes to existing concrete.

The bike lane did need to be extended to the intersection. So these particular areas, the focus areas number one and two were going to be very specifically monitoring and, you know, the functionality of these designs will be taken into consideration for the permanent Project design for the, for the final design. And I believe the next slide we start getting into the implementation timeline of the project but I think we might want to stop there and you know if I believe you guys have printed copies or we can provide this presentation so we're also happy to discuss Just kind of the run of show for how the project will be implemented.

UnidentifiedUnidentified speaker 2Proposed1:50:35

Okay, James, where are

CommentMaria VenturaProposed · by introduction1:50:40

we.

UnidentifiedUnidentified speaker 2Proposed1:50:41

And so at that way we wanted to walk through and make sure everybody was really fully aware of what what this is going to look like on December 7. or starting December 7th. But with that, this was the point we were gonna talk about the MOU which we talked about earlier so the action being requested is that council adopt that resolution of support that authorizes us to enter into the MOU and then also authorizes me to extend the project as necessary if the reopening of Nordoff High School does not occur as we were expecting.

So with that, that's the resolution before council at this time.

CommentMaria VenturaProposed · by introduction1:51:20

Okay, are there any questions of staff from Council?

UnidentifiedUnidentified speaker 6Proposed1:51:23

I have lots of questions. Mayor but do we want to take public comments first?

CommentMaria VenturaProposed · by introduction1:51:28

Yes, we do well if you're satisfied you understand what's been presented and I guess we all are actually I don't let's go to public comment Gail. Do you have people in the queue?

1:51 – 1:5826 turns

UnidentifiedUnidentified speaker 1Proposed1:51:43

Tony, if you could stop sharing your... Oh perfect. Thank you.

PresenterMaria VenturaSoCalGasProposedself-stated1:51:47

You're welcome.

UnidentifiedUnidentified speaker 1Proposed1:51:48

Okay so the first person we have is Anita Hendricks. Anita go ahead and unmute yourself.

CommentMaria VenturaProposed · by introduction1:51:56

Okay. Anita can you hear us? Anita?

UnidentifiedUnidentified speaker 1Proposed1:52:02

Anita are you there?

CommentAnita HendricksProposed1:52:02

Hello.

UnidentifiedUnidentified speaker 1Proposed1:52:10

Yeah, we can hear you barely. Can you turn up your volume a bit?

CommentAnita HendricksProposed1:52:15

Maybe we should

CommentMaria VenturaProposed · by introduction1:52:20

come back.

UnidentifiedUnidentified speaker 1Proposed1:52:22

Anita, we're going to come back to you and if you could figure out how to turn up your volume in the meantime that would be really helpful. The second person is Doreen Farr. Doreen go ahead and unmute yourself

CommentMaria VenturaProposed · by introduction1:52:41

Doreen.

UnidentifiedUnidentified speaker 7Proposed1:52:42

Thank you, good evening mayor and council members.

CommentMaria VenturaProposed · by introduction1:52:45

Welcome.

UnidentifiedUnidentified speaker 7Proposed1:52:47

I am here representing Ojai United Methodist Church. We submitted a detailed letter with our comments so i will just mention the main points. Our church has been located on the corner of Maricopa Highway and Church Road for over 60 years and directly abuts the project site and the primary access to our property is from Maricopa Highway Therefore, the proposed changes envisioned will directly impact everyone who uses our church property including our congregation, Noah's Ark Preschool and the many community groups we allow to utilize our facilities.

Our concerns are in four main areas. The first has to do with public outreach and education. We know you've had a lot of meetings but except for Nordoff High School, we can see no mention of any meeting specific to the property owners which directly border the project site like our church. Nor any specific outreach to those residential neighborhoods which have their primary access within the project area, like the Ojai Terrace neighborhood and the condo communities. Before this project goes any further we ask the council and staff to do direct outreach to these property owners in neighborhoods.

Our second area of concern is traffic. It's unclear what a narrowing of Maricopa Highway will do to traffic flow when we are worried about bottlenecks being created. It's also unclear how the project will change the ease of turning movements from all the roads that come in to that area, especially any increased difficulty in turning from Church Road onto Maricopa Highway as the only alternate route is long, inconvenient and will impact other neighborhoods.

Our third area of concern is finances. The city doesn't have enough grant money to complete both permanent ATP projects and other sources of funds have not yet been identified. To further complicate matters, Ojai Unified School District does not seem to have yet voted to support the proposed changes on Nordoff's property and committed the funds to implement them which could leave another large funding shortfall. And now the city is being asked to take on the additional expense and risk of a indemnification agreement.

The last issue was the timing of the demonstration project. We thought the whole point of the demonstration was to give the community an idea of what the traffic situation would be like going from four lanes under normal traffic conditions. However, now the installation is planned for December despite the fact that Nordhoff and all the churches and businesses that surround the project area are working under highly restrictive pandemic rules which have lowered the volume of traffic. Installing it now would negate the purpose of the demonstration and skew the results. We feel strongly that any demonstration project should not commence until after all pandemic restrictions are lifted and Nordhof High School is back in session full time In order to accurately assess any impacts.

Thank

CommentMaria VenturaProposed · by introduction1:55:35

you.

UnidentifiedUnidentified speaker 1Proposed1:55:39

Next we have Dennis McCarthy. Dennis, go ahead and unmute yourself. Dennis are you there? Shall I come back to him? Okay so we will go to Diana Blanchard. Diana, go ahead and unmute yourself. Okay everybody can hear

CommentDiana BlanchardProposed · by introduction1:56:12

me? Yes

UnidentifiedUnidentified speaker 3Proposed1:56:14

yes

CommentDiana BlanchardProposed · by introduction1:56:15

hi

UnidentifiedUnidentified speaker 3Proposed1:56:15

welcome.

CommentDiana BlanchardProposed · by introduction1:56:16

Hi good evening everybody uh Diana Blanchard here and I'm so happy to be able to meet with everyone this way, regardless of our current life situation. So thank you for being here tonight. I do support ATP and the Go Ojai demonstration going forward. I ride my bicycle almost every day and safety is our goal for pedestrians, bicycle riders, children and adults.

Upgrading and modernizing Ojai and the pedestrians and bicycle means of transportation is our goal. COVID has pushed many people toward bicycle riding for exercise, health well-being and many other things I've forgotten lower gas emissions and addressing our climate change issues Having the second lane removed from the four lanes has been okayed by the hospital and other entities.

If an emergency should come up, emergency vehicles can just use the bicycle lane that's been designated. I do plan on volunteering for the Go Ojai installation when it occurs. And I'm very excited to participate in this very important project Thank you everyone for your time, concern and efforts for this really important issue for us. Thank you.

CommentMaria VenturaProposed · by introduction1:57:50

Thank you Doreen. Next speaker?

UnidentifiedUnidentified speaker 1Proposed1:57:53

The next speaker is I apologize in advance for not saying your name properly. Cody Himley.

CommentCody HimleyProposed1:58:03

Cody?

CommentParis Climate AgreementProposed1:58:05

Hello.

CommentCody HimleyProposed1:58:06

Hi Cody welcome. Yes it's Cody Himley yes. I'm personally a fan of this project. I think it's a good idea. I'm going to help volunteer with it, but I think it's good because it'll slow people down because I've seen people speed on that highway a lot so just my two cents.

1:58 – 2:0627 turns

CommentMaria VenturaProposed · by introduction1:58:43

The

UnidentifiedUnidentified speaker 1Proposed1:58:47

next speaker is Kathy Nolan. Go ahead and unmute yourself. Can you hear me okay?

CommentMaria VenturaProposed · by introduction1:58:55

Yes, we can.

UnidentifiedUnidentified speaker 16Proposed1:58:58

And so kind of riding on the tails of the reach code, which was agenda item number two. This is in regards to a sustainable low-carbon future. Transportation is the largest sector when it comes to greenhouse gas emissions not only in the entire United States but also in the state of California and what better way to reduce emissions than to support multimodal transportation? I completely support the ATP and GO-OHA demonstration projects Both are win-win-win projects for the community, the environment and the planet. And I just wanted to share something really quick.

I am a planning commissioner for the City of Ojai and I've chaired the Complete Streets Committee since 2011. And i found something that I wrote in 2011 and I'll stand for three minutes or just cut me off But this was something I presented to City Council and it was a report from Complete Streets, October 25th 2011 once again. And I started by saying, I attended the valley-wide discussion put on by County Supervisor Steve Bennett last Sunday. Five years ago three valley wide discussions were held at Nordoff High School with approximately 250 attendees.

The intention of the valley-wide discussion was to come to consensus on what issues, topics, projects etc. would provide the Valley with the most impact and greatest benefit for all. Number one was making a valley a model green and sustainable community. Prior to that Sunday session attendees were asked to participate in a survey and list what areas could further What the community could use as part of this model. The item that participants ranked the highest was transportation. Comments included everything from adding bike lanes to public transportation, to safety, to green infrastructure.

And I also wanted to just give a little history for people that are wondering, you know, part of the reason why we're doing this. The city of Ojai does have a complete streets policy which was adopted by City Council in the Complete Streets Master Plan. But Governor Schwarzenegger signed AB 1358, the California Complete Streets Act of 2008 into law. The Complete Streets Act codifies policy that all streets be designed to accommodate all users According to San Francisco Assemblyman Mark Lino who introduced the bill, streets aren't just for cars or for people and AB 1358 will ensure our roadways are safe and convenient for everyone young or old riding a bike or on foot in a car or on a bus.

And I thought this was kind of interesting because our general plan is coming up. AB 1358 requires the city or county's general plan to identify how they will accommodate the circulation of all users of the roadway. The new general plan provisions would be required when local governments next revise what is known as the circulation element, which addresses flow of traffic through a local transportation system Utilizing better planning to ease congestion. Such accommodations may include sidewalks, bike lanes, crosswalks, wide shoulders, medium bus pullouts and audible pedestrian signals among others.

CommentMaria VenturaProposed · by introduction2:02:06

Okay we've reached that point here.

UnidentifiedUnidentified speaker 16Proposed2:02:08

Okay good that's right I did say cut me

CommentMaria VenturaProposed · by introduction2:02:10

off.

UnidentifiedUnidentified speaker 16Proposed2:02:12

Thank you.

CommentMaria VenturaProposed · by introduction2:02:12

Okay thanks a lot. The next speaker?

UnidentifiedUnidentified speaker 1Proposed2:02:17

The next speaker is Jeffrey Weinstein. Jeffrey go ahead and unmute yourself.

CommentMaria VenturaProposed · by introduction2:02:25

Jeffrey?

UnidentifiedUnidentified speaker 1Proposed2:02:28

Jeffrey, go ahead and unmute yourself. So I can put him back on hold and try Doreen Farr again if you'd like?

CommentMaria VenturaProposed · by introduction2:02:46

OK. Do that.

UnidentifiedUnidentified speaker 1Proposed2:02:51

Doreen, are you there? If so, go ahead and unmute yourself.

CommentMaria VenturaProposed · by introduction2:02:55

Did we have Doreen already? She already spoke.

UnidentifiedUnidentified speaker 1Proposed2:03:00

It was, oh it was Anita. I apologize.

UnidentifiedUnidentified speaker 5Proposed2:03:03

Okay

UnidentifiedUnidentified speaker 1Proposed2:03:05

we'll try Anita are you there? If so go ahead and unmute yourself.

CommentMaria VenturaProposed · by introduction2:03:14

Is Anita the one that had volume troubles? I

UnidentifiedUnidentified speaker 1Proposed2:03:16

think so yes.

CommentAnita HendricksProposed2:03:18

Can you hear me?

UnidentifiedUnidentified speaker 1Proposed2:03:20

We can barely hear you.

CommentAnita HendricksProposed2:03:21

I'm so sorry i can't find an earphone. I just want to say, can you hear me at all?

CommentMaria VenturaProposed · by introduction2:03:30

Yeah we can. Well listen carefully go ahead.

CommentAnita HendricksProposed2:03:35

First of all thank you City Council for considering this. As i want to from the point of view of climate control United States is the top emitter of carbon dioxide in the world That includes China and all the other countries we emit more CO2 than any other nation in the world. And the top 10% of the world's population contribute 50% of this carbon dioxide emissions in the world, the bottom 50% contribute 10%. As one of the richest and the ones that consume it Since it is the most, we should be taking a leading role in reducing these emissions worldwide.

Not only that of course we have to deal with climate, the effects of climate in our own area which we had 117 degrees this summer. We've had as we all know wildfires and these are all effects of climate global warming The bicycles are so much a part of this. I ride my bike daily and as the other lady mentioned, there's been a very big increase in bicycle riding and we need to make it more accessible and safe and encourage everyone to do the same thing.

There's so many advantages to bicycle use. So I just encourage you to continue with this. I have a few considerations such as On the 4th of July, that barrage of cars coming and going. Perhaps peak times when Nordoff has students coming and going. I don't know how these are gonna be addressed but I think that's an important concern. And perhaps there's a way to do it in a cost-effective way. I think it's important that we do it but maybe there are measures you can take that will make it more affordable if someone is mentioning that we may not be able to fully fund it at this time. So anyway Support your efforts, and I hope that you all continue on with this program. Thank you very much.

CommentMaria VenturaProposed · by introduction2:05:57

OK. Thank you, Anita.

UnidentifiedUnidentified speaker 1Proposed2:05:59

OK, I'll try Jeffrey Weinstein again. Jeffrey, are you there? If so, go ahead and unmute yourself.

2:06 – 2:1330 turns

CommentMaria VenturaProposed · by introduction2:06:11

Going once, going twice. Apparently Jeffrey's not there.

UnidentifiedUnidentified speaker 1Proposed2:06:19

Yeah.

CommentMaria VenturaProposed · by introduction2:06:20

He normally doesn't have any trouble unmuting himself.

UnidentifiedUnidentified speaker 1Proposed2:06:23

We do have one more speaker, and that is Dennis McCarthy. Dennis go ahead and unmute yourself.

CommentJeffrey WeinsteinProposed2:06:32

Okay this is Dennis.

CommentMaria VenturaProposed · by introduction2:06:37

Yeah

CommentJeffrey WeinsteinProposed2:06:38

welcome Dennis. Okay great so this is Dennis McCarthy I'm an Ojai resident and a member of the Save Maricopa Highway group First, I'd like to start by saying I congratulate returning council member Francina and to thank parting Mayor Johnson for his service to our community. So I'm addressing the council tonight about item three because I am concerned that the MOU to indemnify SCAG for the demonstration project opens Ojai to costs that Ojai can't afford City Attorney Summers' explanation confirms my fear.

Now I've drafted many indemnification agreements, they may seem harmless but they can be very expensive. We know that SCAG can be sued even if it's not guilty and if SCAG is sued the indemnity requires Ojai to pay to defend SCAG in any lawsuit and to pay whatever SCAG settles in payment I recall that Ojai City Council agreed that it wouldn't spend Ojai taxpayer money on the ATP project. And I think that should extend to the demonstration project too, so I would ask you please don't sign the MOU to indemnify SCAG.

Thank you. Okay thank you Dennis.

CommentMaria VenturaProposed · by introduction2:08:08

Okay Gail do you have anyone else that's

UnidentifiedUnidentified speaker 1Proposed2:08:11

No, Jeffrey Weinstein is still showing in the waiting room. I can try him one more time if you'd like.

CommentMaria VenturaProposed · by introduction2:08:18

One more chance and then we'll move on.

UnidentifiedUnidentified speaker 1Proposed2:08:20

Okay. Jeffrey if you're there go ahead and unmute yourself. Doesn't sound like he's there.

CommentMaria VenturaProposed · by introduction2:08:32

Okay let's take it back to council for deliberation or a motion at this point. Point out to everybody that the whole idea of a demonstration project is to avoid a lot of the uncertainties that are involved in spending money on permanent improvements that turn out not to be well thought out. And as far as indemnification, we just got drawn into a lawsuit that cost us about a third of $1 million.

Because of a, I guess, how do we call it? A wrongful death. A car accident and we're in it if we can. And I think one of the reasons at least when I read the complaint was that the city was concerned about the traffic safety out there and didn't act in a timely way well.

UnidentifiedUnidentified speaker 4Proposed2:09:33

Pause on that Mr Mayor. That suit hasn't yet fully settled let's

CommentMaria VenturaProposed · by introduction2:09:40

I thought that you said that.

UnidentifiedUnidentified speaker 4Proposed2:09:42

Nothing's been signed yet, let's pause on that one focus on the future.

CommentMaria VenturaProposed · by introduction2:09:47

Okay. You can beard me Gail on that. In any event, we do have an exposure already. And the fact that the SCAG is willing to help us pay for our demonstration project that I think we should be doing anyway. You know, I look at it as two separate questions. It seems to me that it will never get off of the dime if we aren't willing to at least do the demonstration evaluation.

Any other thoughts out there? Okay.

UnidentifiedUnidentified speaker 3Proposed2:10:20

Yes.

CommentMaria VenturaProposed · by introduction2:10:22

Susan and then Randy. Go ahead, Susan.

UnidentifiedUnidentified speaker 3Proposed2:10:25

I think we received approximately 30 letters very eloquent letters in support and I'm hoping that this council does read them because these people again if it wasn't for the pandemic these people would be at the podium and I do want to discuss with James posting these letters as well We received 24 letters opposing it, and they were all the same letter. So I want to do something about that.

It's not necessary to send the same letter 24 times. I would like to read one letter that I think represents the other 30 that we received if I may. May I do that? Mayor? It's from a family in Del Norte. She writes, I write it on behalf of the agency. Can you hear me? Is everything okay?

CommentMaria VenturaProposed · by introduction2:11:29

We can hear you, but is this in favor or against? What are you doing?

UnidentifiedUnidentified speaker 3Proposed2:11:35

If I could have assurance that the council is reading all of these letters.

CommentMaria VenturaProposed · by introduction2:11:41

You can just assume that everybody does their job. I don't think you can get more guarantee than that.

UnidentifiedUnidentified speaker 3Proposed2:11:47

What?

CommentMaria VenturaProposed · by introduction2:11:48

I said you can assume that we're all doing our job and now don't think you can get more of a guarantee than that.

UnidentifiedUnidentified speaker 3Proposed2:11:55

All right. I'll leave it at that.

UnidentifiedUnidentified speaker 6Proposed2:11:59

Okay, Randy. So Mayor, I appreciate was it Tony and Dana for doing their presentation tonight. Again the difficulties in doing this via Zoom is you just can't ask the pert... You can't ask the right question in the right moment and get the real clarity that you need. That's why I asked them to actually meet with me or any number of council people to go over this versus all this Zoom stuff One question I have is, are they going to have a representative on site? Or how are they setting up this project? That would be one question.

CommentMaria VenturaProposed · by introduction2:12:43

The second- I can answer that and you can get your next question James.

UnidentifiedUnidentified speaker 2Proposed2:12:49

They're planning to be in attendance on December 7th. Okay

UnidentifiedUnidentified speaker 6Proposed2:12:53

so have we asked them to come out earlier so that we can actually do that walk through prior to December 7th?

UnidentifiedUnidentified speaker 2Proposed2:13:00

No, we were trying to coordinate a virtual walkthrough but they they have projects.

2:13 – 2:1924 turns

UnidentifiedUnidentified speaker 6Proposed2:13:10

So one of the concerns is actually the sensor placement. The sensor placement, I'm not sure who came up with the locations and again that would be a question that I would have on any walkthrough is are we identifying the two places that we want to do studies? That's just one question. I guess we'll wait for the seventh and then we'll see the results in a week and we'll figure that out. The other question I have and it's related If you go through their manual, they start talking about doing this with the city and having city staff actually engaged in performing the work or doing the setup.

I want to clarify that with them also. What's our role and are we being reimbursed for all of our time and effort that we're putting into this? Or is this the setup, the sole responsibility of this company through SCAG?

CommentMaria VenturaProposed · by introduction2:14:11

Okay, this is a question for our city manager as the contract administrator.

UnidentifiedUnidentified speaker 2Proposed2:14:18

They we obviously are trying to get as many volunteers as possible and I think up to currently we have 29 volunteers who are signed up, and there's going to be many more. But the public works director is planning to be on site for that for the launch of the project. And then as it's, as he noted in the implementation plan there is the I think it's three employees that he is going to be utilizing and that you know that has been the public works directors doing the project management and he has coordinated that.

CommentMaria VenturaProposed · by introduction2:14:55

So does that reimburse through the ATP grant?

UnidentifiedUnidentified speaker 2Proposed2:14:59

The staff time is not reimbursed through the ATP grant

UnidentifiedUnidentified speaker 6Proposed2:15:02

So we made a decision how many months ago about spending additional money. And that's, again, that's the concern I have. When I see on here on attachment B page two of five it says Miguel, Tony and Fred, Miguel, Tony and Fred then it says on page three of five, again this is all SPN city. It says city staff, Miguel and Fred. I'm gonna assume that Miguel and Fred are not city staff that there's someone else

UnidentifiedUnidentified speaker 2Proposed2:15:31

No, Miguel and Fred are the two city staff people.

UnidentifiedUnidentified speaker 6Proposed2:15:35

So on 205 when I see Miguel, Tony, Fred, Miguel, Tony, Fred that again is more city staff?

UnidentifiedUnidentified speaker 2Proposed2:15:42

Yeah, Tony's the consultant but Miguel and Fred are city staff.

UnidentifiedUnidentified speaker 6Proposed2:15:46

Okay, so if we're providing these services to them and we're not being... Two questions. If we're not being reimbursed that's coming obviously out of our monies. The second thing while we have our staff doing this what are we giving up? What is staff not doing for the rest of the city that while they're working for this entity and why is it acceptable?

UnidentifiedUnidentified speaker 3Proposed2:16:13

For the love of God, it's so obvious that you're not in favor of this project. Why don't you just go ahead and say so?

UnidentifiedUnidentified speaker 6Proposed2:16:20

Well, everyone knows that. I'm just asking simple questions and I would think that everyone would have the same concerns. These are our monies and this is our staff and this is an entity that's being paid to do this. Why are we providing services and not being reimbursed? I think it's a

CommentMaria VenturaProposed · by introduction2:16:43

very fair honest question. I think your question is, is this included in the proposal for the demonstration project? James if it was not then it's our responsibility. It's not the consultants responsibility

UnidentifiedUnidentified speaker 2Proposed2:17:00

Right, right. And like I said the bulk of it will be volunteer time and in my conversation with the public works director the staff time that will be used will be for supervision and things like that so that is not included in the

CommentMaria VenturaProposed · by introduction2:17:18

grant. So Randy's concern is it's an in-kind contribution to the project that goes beyond the ATP funding so that's a choice for the council?

UnidentifiedUnidentified speaker 6Proposed2:17:31

Mayor, there's just one other thing that goes along with that. Who's managing the resources? So are our staff reporting to the SP group or is the SP reporting to us who's running this project and who does our staff accountable to?

UnidentifiedUnidentified speaker 2Proposed2:17:53

Our staff is accountable to the public works director and myself. The project is being coordinated between the public works director and the two consultants.

UnidentifiedUnidentified speaker 6Proposed2:18:03

Who's in charge?

UnidentifiedUnidentified speaker 2Proposed2:18:09

Ultimately, the city makes the call on this.

UnidentifiedUnidentified speaker 6Proposed2:18:13

But we don't have the contract to make the call. See the circle I'm running in? I'm lost here James.

CommentMaria VenturaProposed · by introduction2:18:22

I'm not sure what is the circle, do you understand that James? I don't understand what that

UnidentifiedUnidentified speaker 6Proposed2:18:27

means. The circle is we have an entity that has a contract to provide a service and we are being a part of that service. We're not being reimbursed and I just want to know who's managing our side of it. You're saying Greg Grant is but the reality is he's not a part of their contract And then when I see Miguel and Fred working with Tony, Greg's not there or is Greg there?

So do Tony and Miguel or do Fred and Miguel report to Tony that day? And are they under his guidance and jurisdiction?

UnidentifiedUnidentified speaker 2Proposed2:19:02

They would remain under the Public Works Director's jurisdiction. You know the permit is approved by Caltrans so we've gotten that permit approved and it'll be the public works director and the consultants now working to implement that. And like I said, the goal will be using a majority of volunteer time to do so and there will be minimal if we can help it or we will help it but uh we will not use any additional staff time other than what's delineated in

UnidentifiedUnidentified speaker 6Proposed2:19:37

And just in this section, Mayor, because again I think this is the clarity that we need. Any volunteer that's working on the public right of way whose insurance covers them?

2:19 – 2:3035 turns

UnidentifiedUnidentified speaker 4Proposed2:19:51

That would be covered by the city's insurance.

UnidentifiedUnidentified speaker 2Proposed2:19:54

Yeah it'd be through our CJPIA insurance for the city.

UnidentifiedUnidentified speaker 6Proposed2:19:58

So that's another...I just want to be clear that's another

CommentMaria VenturaProposed · by introduction2:20:01

obligation. Exposure not necessarily an expense yet but it is an exposure

UnidentifiedUnidentified speaker 2Proposed2:20:07

That's why we brought the MOU forward. There is risk as we've discussed, but it is fairly typical risk for projects like these.

UnidentifiedUnidentified speaker 5Proposed2:20:16

Okay Bill you have had your hand up. Really quick I'm not sure who was appropriate to answer the question Mr. Summers or Mr. Vega. As our underwriter at JPIA I assume has a standard language that has been reviewed and I'm

UnidentifiedUnidentified speaker 4Proposed2:20:43

not sure if we've taken this particular contract to CJPIA for their review. We did, okay then i'll defer to James on that one

UnidentifiedUnidentified speaker 2Proposed2:20:53

yes and also um one other point is SCAG is also a JPIA member so the language was

UnidentifiedUnidentified speaker 5Proposed2:21:00

approved by our underwriter then okay thank you

CommentMaria VenturaProposed · by introduction2:21:07

Okay, Susan?

UnidentifiedUnidentified speaker 3Proposed2:21:09

One more comment. The employees of the mob shop will be working on this and they will be reimbursed by the owners of the mob shop so they have probably their own insurance you know I think we're going to have very capable volunteers out there Randy may i remind you that there's going to be one more meeting Before maybe even to where you can get all your questions answered.

CommentMaria VenturaProposed · by introduction2:21:41

Okay, please go through the chair rather than making it personal.

UnidentifiedUnidentified speaker 3Proposed2:21:46

All

CommentMaria VenturaProposed · by introduction2:21:48

right. Okay, it's not unusual for a contractor to have a contract administrator, the owner that's in the beneficiary of the contract as well as to have some coordination but clearly it's an additional in kind expense and clearly it is an additional exposure It's just a question of whether we choose to do it. I assume we have chosen to do it up to this point anyway, and if we're going to... If we hadn't gotten a grant and we were going to try to do as Chris Hilger had wisely suggested, we'd have all the expense and all the exposure so it seems like it's a reasonable deal to find out whether or not the project should go forward and in what form. This is to demonstrate where the weaknesses are There are people who don't want to see any change, I understand that.

And there are also other people who think this is going to be wonderful without regard to what other complications there are. So we're kind of working our way through it. Randy?

UnidentifiedUnidentified speaker 6Proposed2:22:47

Mayor, again, I don't know how many times I have to say this. No one's against bike lanes. No one. Zero. They are against

UnidentifiedUnidentified speaker 11Proposed2:22:58

it,

UnidentifiedUnidentified speaker 6Proposed2:22:59

Frankie. That I've spoken to are for bike lanes. The question is how much money we're going to put into this specific area to reduce the lanes from four to two. So there's a money issue that, to me, is greater than bike lanes. We could have had bike lanes five years ago. According to Kathy Nolan, we could have had them probably in 2011. No one's against bike lane so I think that that should be removed from the conversation. We're looking at expenditures. We made a decision as council not to put any more money into this So tonight, we're not voting on anything. This is a discussion item. We are voting on something. We're voting to not accept the MOU.

But I do have this though, listen. I have a list of and I'm not gonna bore you all with it but I've got a list of 30 questions. Raising from environmental, from direct and indirect costs, from safety and public awareness and obviously a lot of questions that came up tonight. I am going to be submitting those to James tomorrow morning and I will expect the response in writing to every one of my questions by the next council session.

I was hoping Greg Grant would be here tonight, James. I'm sorry you're taking the brunt of this but I just personally feel that the public works director has failed us in his lack of communication. He has failed us in so many ways- That's a personnel

CommentMaria VenturaProposed · by introduction2:24:29

matter we can deal with that separately.

UnidentifiedUnidentified speaker 6Proposed2:24:32

But I just would like to know that how will we get a response before the next council session, James?

UnidentifiedUnidentified speaker 2Proposed2:24:38

Yes, of course we'll make our best efforts to respond as soon as we can on that.

UnidentifiedUnidentified speaker 5Proposed2:24:44

Okay Bill? With genuine appreciation for the level of scrutiny that Councilperson Haynes brings us I think it should be appreciated but you know given all of that i'm going to make a motion to approve the memorandum of understanding.

CommentMaria VenturaProposed · by introduction2:25:00

I'll second it okay we have a motion and a second is there any further discussion if not will the clerk call

Roll-call vote Passed 4–0 motion and a second is there any further discussion if not will the clerk call · 1 under review
Show transcript
Council Member Weirich? Yes. Council Member Francina? Yes. Mayor Johnston? Yes, Mayor Pro Tem Blatz? Yes Council Member Haney?

Of course I agree with it. Okay great. Was that 5-0 or 4-1? I couldn't hear the chuckle. Yeah, I

UnidentifiedUnidentified speaker 1Proposed2:25:34

couldn't hear the... Council Member Haney was that a yes?

CommentMaria VenturaProposed · by introduction2:25:38

Yes.

UnidentifiedUnidentified speaker 1Proposed2:25:38

Okay thank

UnidentifiedUnidentified speaker 2Proposed2:25:39

you.

CommentMaria VenturaProposed · by introduction2:25:41

You can hear me.

UnidentifiedUnidentified speaker 2Proposed2:25:43

Can we assume that's adopting the resolution supporting the project that includes the MOU?

CommentMaria VenturaProposed · by introduction2:25:49

Yes, that was your motion wasn't it Bill? Yes it was.

UnidentifiedUnidentified speaker 2Proposed2:25:53

Thank you.

CommentMaria VenturaProposed · by introduction2:25:55

Okay we're done with that uh we go to number four Or cancellation of regular meetings. Or is a middle Stewart Canyon

UnidentifiedUnidentified speaker 5Proposed2:26:07

there? Is what? Oh, I'm sorry. I jumped to five. I know we want to get home, but

CommentMaria VenturaProposed · by introduction2:26:16

no, you are home. I was, I was all thumbs. Sorry about that guys. That is middle Stewart Canyon restoration James.

UnidentifiedUnidentified speaker 2Proposed2:26:24

Okay. We have a, uh, we're pulling up, um, a, Quick presentation that we have. The item is back before council because we had come to council to issue the bids, they issued their request for bids and we got the bids back and it's positive. The bids came in lower than we had expected and so we are bringing it For that purpose to approve the bid from crane mark cranes trees for $265,000 so that's the action item on the agenda. But we wanted to take a chance and will keep it brief because we know it's been a long meeting already but uh we wanted to just take a chance to really quickly walk through at a high level This Middle Stewart Canyon restoration project, which is getting started.

We have a story map that's available and I just accessed it through our Ojai City page on the Middle Stewart Canyon Creek project that has information on the on the project for anybody who's interested. But PAX Environmental is one of the groups that has been working with us, and they put together this story map which is pretty exciting. I'll just kind of highlight it quickly but the project as you may recall is the Project to Restore Stewart Canyon And it has multiple benefits such as habitat restoration, water preservation and fire risk reduction.

It also has the benefit of providing some environmentally oriented jobs for local youth such as the CREW, the Concerned Resource Environmental Workers in the California Conservation Court CCC. So it's putting people to work during this challenging time and they actually were out here last week doing the kickoff which was exciting But the project and story map online have more information, but quickly it's going to be focused on removing the non-natives quote unquote invasive species such as the Mexican fan palms.

Planting things like sycamores and live oaks in their place. And so as you can see from this image here on the right, the above shows the invasive species in the creek and you'll notice that there's no water because the invasive species soak up that water. The goal will be to restore it to more of its natural state that includes water With that, we have one more thing we wanted to show which is on this story map. There is a drone video showing the before restoration and right now it shows a similar project after restoration But we're excited about doing some of these things with PACS because it will help when we start putting together some educational opportunities with our campus here that we'll be able to have things like drone footage showing how the site looks currently and then what the goal is that it will look like after the fact.

And I think that's Here, so right now this is further downstream. We've already done some restoration and you can see the difference where you can see a river flowing and the native species. So that's kind of the picture high-level picture in a nutshell like we said there's many partners that we're working with CREW, California Conservation Corps, PAX Environmental, Once Upon A Watershed, Ojai Valley Land Conservancy And this project is getting ready to launch, and the item before you today like I mentioned earlier is the approval of one of the larger contracts in the project which is the Mark Cranes tree contract. The contract includes the terms that we discussed at the prior City Council meeting when we went through the bids, that allow the city to have some flexibility and oversight including penalties and some other things that we discussed at that time.

So with that we are recommending approval of the contract to Cranes Tree for the $265,000. Okay any questions of staff? Randy

2:30 – 2:3632 turns

UnidentifiedUnidentified speaker 6Proposed2:30:56

Bill

CommentMaria VenturaProposed · by introduction2:30:56

had his

UnidentifiedUnidentified speaker 6Proposed2:30:57

hand up, you can go first.

CommentMaria VenturaProposed · by introduction2:30:58

Oh well wait a minute I called on you and that's Bill.

UnidentifiedUnidentified speaker 6Proposed2:31:01

That's fine Mike my only concern is the authorizing the Public Works Director to approve change orders in the amount not to exceed 25%. I think i'd rather see that down to 10 or 15 percent I don't have a sense that we need to raise the change orders up to 25% of this project. If you did, and you added that 25% into his price he'd be above the second guy here in the three bids so i don't have a sense that we need to increase it that much without coming back to council

CommentMaria VenturaProposed · by introduction2:31:37

okay Bill do you want to make a motion or what? Make a motion Randy

UnidentifiedUnidentified speaker 6Proposed2:31:43

Yeah, well I would just move that we authorize the Public Works Director to approve change orders in the amount not to exceed 15%. I'll second that.

UnidentifiedUnidentified speaker 3Proposed2:31:53

I have a question.

UnidentifiedUnidentified speaker 6Proposed2:31:55

Yes

UnidentifiedUnidentified speaker 3Proposed2:31:55

Susan? Can you explain to me how Mark Crane can do the job it's $55,000 less correct? Yeah

CommentMaria VenturaProposed · by introduction2:32:07

bidding process he chooses to do it

UnidentifiedUnidentified speaker 3Proposed2:32:11

And Bill did try to explain it to me via email. My understanding is that they work for the city already and they can do the same quality work as the next highest bidder or is there something that's hit, that will come up later? That's related to what Randy pointed out.

UnidentifiedUnidentified speaker 2Proposed2:32:32

No, so I you know we've worked with cranes in the past. We do have our normal bidding, our normal tree program is done through them. I think we increased that this year I think it was to $120,000 which is the work throughout the city and we have been happy with the quality of the work they've done. This was done through a separate bid uh in a bidding process so that was their their bid and we weren't going to argue with them when they came But they're aware of the job, they have the same specs everybody else did and they bid it lower. So that's to our benefit and I think to Council Member Haney's point, the 15% change order, I think that's a good point that we shouldn't assume that a large change order on this. And if something does happen, we could always come back to council and have that explained clearly before we approved any change so...

CommentMaria VenturaProposed · by introduction2:33:29

It should be for additional work Right. Okay, Bill did you get your chance to talk?

UnidentifiedUnidentified speaker 5Proposed2:33:37

There's a motion on the table and I seconded the motion on the floor. I have a question outside of the motion. Okay

UnidentifiedUnidentified speaker 6Proposed2:33:45

and so do I Mayor.

CommentMaria VenturaProposed · by introduction2:33:46

You vote on the motion or is there any objection to the motion? I don't see any okay let's go okay next You have something outside the motion you want to talk about?

UnidentifiedUnidentified speaker 5Proposed2:33:58

Yeah, just a quick question. And this is something that just came up from my frankly walking around town and looking at stream courses. There are some tributaries at least one place Arvolada Creek is a tributary to Stewart Creek and there is a place just downstream of Arvolada Creek in the Episcopal Church but it looks like there's a big stand of Arundo And has PACS surveyed the tributaries to Stewart Creek to see if there's some Rundo issues? Because we certainly don't, that's part of the invasive species. We don't want those rhizomes coming down and basically contaminating our restored habitat.

Is that something that we could look at? I'd be happy to show you where this is.

UnidentifiedUnidentified speaker 6Proposed2:34:46

As

UnidentifiedUnidentified speaker 5Proposed2:34:46

part of

UnidentifiedUnidentified speaker 6Proposed2:34:47

this contract or outside of this contract Bill?

UnidentifiedUnidentified speaker 5Proposed2:34:49

This would be outside the contract, I'm concerned...I was wondering if it's appropriate to have PACS maybe look at this as part of their Overall study of the situation. Yeah, we

CommentMaria VenturaProposed · by introduction2:34:59

should look at it.

UnidentifiedUnidentified speaker 2Proposed2:35:01

Yeah yeah it's worth looking at so we can figure out if it's you know how we can do that with whether it's with PACS or um yeah we could figure that out but I uh what I think everybody knows um so we've one of the goals with Measure C was to address some of these fire risk issues like Arundo. So I think there's you know there's ways

UnidentifiedUnidentified speaker 5Proposed2:35:21

just uh I just thought it was appropriate to ask the question

CommentMaria VenturaProposed · by introduction2:35:25

Yeah, that's really important too. Because one of the problems we've had is we've cleared out a Rondo lower down at the county and then it was the people upstream don't do anything and it just the seed washes down and next thing you know you got the Rondo back so

UnidentifiedUnidentified speaker 6Proposed2:35:41

Randy

CommentMaria VenturaProposed · by introduction2:35:41

did you

UnidentifiedUnidentified speaker 6Proposed2:35:41

ever have? It's not seed it's the rhizomes but it's the same thing. Was this a prevailing wage bid?

UnidentifiedUnidentified speaker 2Proposed2:35:52

Yes

UnidentifiedUnidentified speaker 6Proposed2:35:53

So Sousa, back to your comment with a prevailing wage bid it's you know you can sometimes look at bids that come under as it's just part of doing business is what he pays his employees. But a prevailing wage he has to pay his employees um that prevailing wage what he what Mark Crane is saying that he can do the job in a less amount of time and meet the conditions that are set forth in this contract I say we give him an opportunity to do that

CommentMaria VenturaProposed · by introduction2:36:22

I agree with you. Yeah, so what? I don't think we want to pay more if we're getting quality work and so far the crane company has done really good work all over the valley

2:36 – 2:4221 turns

UnidentifiedUnidentified speaker 5Proposed2:36:34

right. If i'll go ahead and make a motion to approve uh the resolution authorizing the city manager to execute a standard construction contract as amended with the 15 percent limit on change

CommentMaria VenturaProposed · by introduction2:36:47

and I'll second it

UnidentifiedUnidentified speaker 3Proposed2:36:52

Yeah, this is a completely separate question. Have we discussed what's going to happen with the trees that are removed? We did get I don't know if there's other public comments and I don't know if she sent this in to Louise but she wrote this is from Sylvie Lee She said there should be coordination around what happens to the trees that are removed because there are many good uses for eucalyptus wood like benches in the park, tables, artworks, sculptures, edging. Okay,

CommentMaria VenturaProposed · by introduction2:37:28

that's not part of this contract though so you can

UnidentifiedUnidentified speaker 3Proposed2:37:31

refer that to staff. It's a separate thing but it is related because when they remove the trees what are they doing with them?

UnidentifiedUnidentified speaker 2Proposed2:37:45

Yeah, we do have a plan and there's a couple different things but like for example the one the things that can be mulched. We have a map where we're going to spread spread the mulch and use it for additional projects so we have a plan for it um and then we also the other thing uh on the big scale project is we also have the five uh five year plan for maintenance of the Stewart Projects

CommentMaria VenturaProposed · by introduction2:38:06

I think I think what uh the letter was addressing or questioning Timber for lack of another term. I assume that the contract includes the disposal of the vegetation that's being removed, is that correct with Mark? He's not gonna leave the trunks of the trees or anything.

UnidentifiedUnidentified speaker 2Proposed2:38:27

Right and

CommentMaria VenturaProposed · by introduction2:38:29

we don't have a sawmill so I think you might make it ask the question of markers to what they plan to do with it maybe there's some Somebody here in the valley who wants to take it and recycle it. Yes, Ryan?

UnidentifiedUnidentified speaker 17Proposed2:38:44

Yeah this is something that has come up a few times in our garden committee meetings and we made it really clear because there's a number of kind of different moving parts from the mulch side for composting to other stuff. We've asked everybody to try and communicate with each other To have any leverage synergistic uses of any of the stuff that comes out. We know that in composting due to our direct conversations about it, that invasive species don't work real well in the composting and since we're taking out all invasive species there's not a lot of composting options for it but we did make sure to say hey mulch anything else if there's other creative ideas the community has I don't know if there's costs or other problems with it, but we're working hard trying to get everybody communicating for these exact things.

Saying hey, if we're gonna pull something out that there's a more efficient use for when it comes out, let's make sure we're discussing it for climate park purposes, for other parts of the campus purposes, for anything else artistic purposes. If there's not other costs where they can come in, I know we're willing to talk with everybody and see if we can help organize that.

UnidentifiedUnidentified speaker 3Proposed2:39:54

But who, like if somebody does make benches and tables, who do they contact?

UnidentifiedUnidentified speaker 17Proposed2:40:00

Again I think James would be the right person to talk to first James. I think and then we'll get them with the right person okay yeah and then you know that i know i put in the work to make sure we could talk to PAX and crew and anybody else who we can help and Susan I'm happy to you know put you in touch with the right people too so we can help make that

UnidentifiedUnidentified speaker 3Proposed2:40:18

happen. Okay I think we should you know if it's clear that we're going to have Or that we likely will have eucalyptus trunks available, that I think it's good to put the word out now before they disappear. You know, yeah. Okay I'll work on that.

CommentMaria VenturaProposed · by introduction2:40:38

I'm sure Mark is willing.

UnidentifiedUnidentified speaker 6Proposed2:40:40

Crane will be happy to leave him there but you know I think we have to consider the fact that more is more and when I say that I mean that Mark has bid this project to perform the work in a certain manner right and if we're going to now request him or slow the process down because he's got to move store cut certain length A few things that I agree with you Susan on, but i'm just trying to say that's not how he bid his contract. So I would think working between James and Mark would be the best way for anyone to go to see what the impacts are and how he can recover any costs associated to those impacts

CommentMaria VenturaProposed · by introduction2:41:20

Tell the public works director to work with the contractor and I'm sure the crane people would be happy to get rid of it. But as Randy says, at least I don't want to see us paying more money for it. I'd rather see them do more work in the restoration project than could be making furniture or whatever.

UnidentifiedUnidentified speaker 3Proposed2:41:39

Yeah but we're gonna need benches and tables out there

CommentMaria VenturaProposed · by introduction2:41:44

Well, I know but milling them out of eucalyptus is not probably the cheapest way to do that. But anyway give it to the public works director and have him tell him to coordinate with the contractor and the crane people are probably going to say what Randy said wait a minute. I didn't did it that way. Time is money. I got to move so let them know whether it's available if it's available okay.

So we got emotion on the floor any other discussion on it? If not, do we need a roll call on this Matt?

UnidentifiedUnidentified speaker 4Proposed2:42:15

Yeah. Yes because we're spending 200 and some thousand. Okay Gail

CommentMaria VenturaProposed · by introduction2:42:20

would you

UnidentifiedUnidentified speaker 4Proposed2:42:20

call the roll please?

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

2:42 – 2:4734 turns

CommentMaria VenturaProposed · by introduction2:42:34

okay now we are item number five James

UnidentifiedUnidentified speaker 3Proposed2:42:39

yes

UnidentifiedUnidentified speaker 2Proposed2:42:40

So item five is placed on the agenda, typically for the holidays we cancel. One or two regular meetings to create what we call a winter recess. So this year, this item was placed on so council could discuss obviously with the current situation with COVID and other situations it's not a typical year so we wanted rather than put it on consent with just the recommendation we wanted to actually talk about it and see Decision was on whether to cancel meetings and which meetings, in particular. So the three meetings are November 24th, December 8th and December 22nd. Those are the three remaining meetings this year so we can discuss potentially canceling any of those three.

UnidentifiedUnidentified speaker 6Proposed2:43:35

Mayor, we need an installation date for the new mayor. December 22nd.

CommentMaria VenturaProposed · by introduction2:43:46

If you'd like to cancel that in my honor it's my birthday. I will be gone.

UnidentifiedUnidentified speaker 3Proposed2:43:50

I think we should cancel December 22nd As far as just November 24, what's on the next agenda? Like what time-sensitive stuff do we have? We have the cannabis tax.

UnidentifiedUnidentified speaker 2Proposed2:44:06

Yeah, I was going to say there's not a whole lot. We didn't have anything that couldn't be pushed except if the cannabis tax, if we wanted to talk about that. But we could

UnidentifiedUnidentified speaker 5Proposed2:44:15

talk about it on the 8th, couldn't

UnidentifiedUnidentified speaker 2Proposed2:44:17

it? Yeah, we could talk about it on December 8th.

UnidentifiedUnidentified speaker 5Proposed2:44:20

OK.

UnidentifiedUnidentified speaker 6Proposed2:44:22

Well, as far as I'm concerned on the 24th guys we all know we're not going to have Thanksgiving like we've always had it. So the 24th is no different to me than the 10th or any other day so i have no problems if we want to meet on the 24. I'll leave I'll let you guys decide

CommentMaria VenturaProposed · by introduction2:44:41

that okay we have any motion to cancel meetings as soon as expressed her interest in getting rid of the 22nd and

UnidentifiedUnidentified speaker 5Proposed2:44:51

We could do one at a time. Susan, do you want to make a motion on the 22nd and then we take up the other

UnidentifiedUnidentified speaker 3Proposed2:44:55

day? Okay. Just clarify for me what happens on December 8th is when we have a changing of the guard.

UnidentifiedUnidentified speaker 6Proposed2:45:05

That's right. Out with the old and in with the new. The very

UnidentifiedUnidentified speaker 5Proposed2:45:12

old. That'll be our reorganization day as well.

UnidentifiedUnidentified speaker 3Proposed2:45:19

Since the meeting is held on Zoom, I don't mind meeting on November 24th. I don't know off the top of my head what i want you know there are loose ends but if we don't come up with something can't we still cancel it?

CommentMaria VenturaProposed · by introduction2:45:35

No you got to do it now well you got to do it now or the 13th yeah you have to do

UnidentifiedUnidentified speaker 3Proposed2:45:46

Okay, I'm not sure about November 24.

CommentMaria VenturaProposed · by introduction2:45:49

Yeah,

UnidentifiedUnidentified speaker 2Proposed2:45:51

we were trying to catch it.

UnidentifiedUnidentified speaker 3Proposed2:45:52

You guys want to be on vacation? I'm fine with

UnidentifiedUnidentified speaker 2Proposed2:45:55

that. I'll just tell you, we were trying to keep that meeting light in case it was canceled because it normally is so we have only right now we have the Coronavirus update, potentially a cannabis tax discussion and those are the only two discussion items currently scheduled

CommentMaria VenturaProposed · by introduction2:46:12

as you can do on Yeah, I think you've got an announcement probably the maybe this evening on the cannabis or not the cannabis part of the epidemic.

UnidentifiedUnidentified speaker 2Proposed2:46:26

Yeah, yeah, I think tonight will be the big update next meeting. I don't expect much change after tonight.

UnidentifiedUnidentified speaker 6Proposed2:46:32

All right so I'll move that we remove the council's meeting but on the 24th and the 22nd

UnidentifiedUnidentified speaker 5Proposed2:46:42

I'll second that.

UnidentifiedUnidentified speaker 3Proposed2:46:48

Tell me again when the tax takes effect?

UnidentifiedUnidentified speaker 2Proposed2:46:52

December 18th is when we expect it to. Unless we change something on the 8th.

UnidentifiedUnidentified speaker 3Proposed2:46:57

Yeah, okay so December 8 would be good for that. Okay all right let's cancel November 24 especially since i didn't get a summer holiday

UnidentifiedUnidentified speaker 5Proposed2:47:07

And then we will for sure have a time certain agenda item of cannabis on the 8th. Okay,

CommentMaria VenturaProposed · by introduction2:47:15

Matt can this be done by acclimation or do we need to roll call?

UnidentifiedUnidentified speaker 4Proposed2:47:20

Acclimation is fine.

CommentMaria VenturaProposed · by introduction2:47:21

Yeah okay has anybody as a gift to the staff too if we're gonna yes two meetings over the holidays okay is there any objection they act like they're overworked Okay, now we go to the less pleasant part of the agenda. But the important part pandemic report? Yes let me pull it up

2:48 – 2:563 turns

UnidentifiedUnidentified speaker 2Proposed2:48:04

So, you know I'll just, I had a presentation but my computer's not cooperating so I'll just verbally give it. The big news, I guess I'll get right to it is that today we were informed by the county The case rate for the county has exceeded the number that would drop the county back into the purple or most restrictive tier. It's a complicated formula, but it's essentially when the case rate exceeds seven cases per day per 100,000 residents in a county And so we have now gone to 7.2 cases, and so how this works is after two weeks of exceeding that number the county would drop to the most restrictive tier or the purple tier So, so far it has not been two weeks. It's I think it's been a few days that we've exceeded that number so um we aren't dropping yet but we're on pace to drop and I think more concerning the uh report from the county is that the trend you know is actually going up not down so essentially we are all expecting that we will PB, Harmon Zuckerman.

Back up quickly and just say the our show real quick that total cases continue to increase about a thousand every two weeks has kind of been the trend line county-wide. Cases in the 93023 we're still doing pretty well overall but they cases are increasing, we had 148 weeks ago we have 157 now that's total since the beginning not active but But, so 93023 has done well.

County-wide we have the hospitalization number going up from 27 two weeks ago to 35 which is the highest it's been in a while and then in the ICU the positive news is that number still going down. So kind of mixed signals there but at the end of the day I mentioned before that we had gotten to this Harmon Zuckerman, PB He, Him, His churches to reopen indoor with a reduced 25% capacity.

But with the case number today hitting 7.2, we're on pace potentially to move to the purple tier shown here which then would require restaurants, churches and other facilities to close indoor operations again potentially. So it's not good. It's not what we were hoping would happen, it's not good news for businesses so what we are all trying to do is get the message out to people more than anything that You know, to be careful to be diligent. I think a lot of people had gotten the sense that the cases were dropping and that things were getting better.

But we're putting information out in the counties, putting information out aggressively to try to alert people that if cases continue to rise, businesses will have to close unfortunately. The other interesting thing that came out from the discussion with the county is that are, is that the vast majority of cases right now that they're seeing are actually stemming from private gatherings, not from restaurants.

And so obviously the concern is on the horizon. We have Christmas and those are both times where there are lots of gatherings, so we're trying to get the word out ahead of time. You know I've seen this personally where people say you know well it's just a small gathering of three or four households it's fine And that's where they're seeing, you know when people let their guards down and they end up spreading COVID.

So with that we wanted to just remind people that the state issue guidelines right now for private gatherings continue to be in place and those require no more than three households together It, they recommend keeping the same households over time and not you know meeting three households today and then going to a group tomorrow with three different households.

Also one point that a lot of people don't realize is that according to the state guidelines they're saying that gatherings should be held outdoors and that practice physical distancing, wearing masks and washing hands. And then the county has asked the cities to remind residents that they can call especially contract cities like Ojai that residents can call Ventura County sheriffs for for any questions, and there's a number available there or for any issues I mean.

But I think one of the other things I wanted to just quickly go over that I think is gonna be concerning for people is if we move back to purple tier it will impact schools essentially what they're saying is that schools that are not open prior to November 24th will not be able to open and schools that are open We'll be able to remain open, but obviously the concern there is if a school has not opened yet and they're making plans to open that may be paused. If we move back to purple tier.

And so the other important factor right now is the more people get tested, the better for multiple reasons. But it also helps with the metrics that the state measures but it also just helps us make sure that our community's safe and that we don't have unknown super spreaders in our community. So the county will continue to do the testing at the super site, at the fairgrounds every day.

And we'll need to have the COVID testing at Sarzotti Park on Mondays from noon to five and that's been extended through December 28th so.

UnidentifiedUnidentified speaker 6Proposed2:54:55

Thank you James for getting that. James if we go if we slide up to purple How do you see it impacting the recreation programs and the recreational activities that we've opened up? And then how might it impact Libby?

UnidentifiedUnidentified speaker 2Proposed2:55:15

Yeah, yeah. So if we slide to purple so we had shown these charts and we were hoping that we're only going to be moving in this direction in the positive direction unfortunately it looks like we may move this way but we don't expect any impact to our recreation programs. We've been very We've done outdoor only recreation programs. And so we wouldn't have to modify that if we had gone indoors, we would have to, we would have had to go back to outdoors only. So, recreation programs no impact that we're expecting Libby bowl.

That's going to continue to be just not usable for public gatherings at this point. We had just about two weeks ago we had talked to the county and the state about possibly easing those guidelines for For gatherings, and that is not likely to happen at this point with the step back to purple tier. So I don't expect any change for the next probably six to eight weeks at this point if the numbers get back under control.

2:56 – 3:0536 turns

UnidentifiedUnidentified speaker 5Proposed2:56:32

Bill? Any information as to what the main driver is between general community spread incidents and specific institutional concentration? Do we have any information on that at all?

UnidentifiedUnidentified speaker 2Proposed2:56:52

Well, yeah with the county reported today we had a call at two o'clock today is that they are saying person to person contact through gatherings is what is making up the largest increase at this point.

CommentMaria VenturaProposed · by introduction2:57:05

Is there no hot spots that they are announcing or?

UnidentifiedUnidentified speaker 2Proposed2:57:09

No, they didn't discuss any and the ones that we had been aware of everybody knew the jails at one point and Farm worker housing at another point, those they've said have all started to get under control. So their focus today was on the person-to-person spread through gatherings.

CommentMaria VenturaProposed · by introduction2:57:31

I don't have Ryan on my screen so oh there you

UnidentifiedUnidentified speaker 17Proposed2:57:33

are

CommentMaria VenturaProposed · by introduction2:57:34

Ryan good. Yeah

UnidentifiedUnidentified speaker 17Proposed2:57:35

i just wanted to say I heard uh the number I had heard was that like person-to person familial and other gatherings were like over 50 or over percent? Percentages were, that's an unofficial number but I heard it from a very good source. Yeah

UnidentifiedUnidentified speaker 2Proposed2:57:50

we're similar to

UnidentifiedUnidentified speaker 17Proposed2:57:52

yeah so it was somewhere like above 50% though with the other categories obviously filling up the rest of them

UnidentifiedUnidentified speaker 2Proposed2:57:57

50%. Yeah yeah so and one of the points Dr Levin made on the call today is he said just people you get comfortable when you're around your family and um you know the positive is uh you know it's Gatherings of three households are allowed, but it's just a reminder is to be very careful and not let your guard down. And you know, be careful.

CommentMaria VenturaProposed · by introduction2:58:24

Is there anything more on this item?

UnidentifiedUnidentified speaker 2Proposed2:58:26

No, that's it. And like I said, I don't expect a big change between now and December 8th. I think what we'll probably see is if the numbers continue, we will go back to that tier. And I think the message from that we've been trying to give to local businesses is that we still are continuing to do the outdoor business permits. I think we're up to 22 permits now, I think. And, you know, come in and if you're a business and you haven't gotten one come in and get an outdoor permit so that you can operate even if this does happen. So that's kind of the big message.

CommentMaria VenturaProposed · by introduction2:59:05

Okay we are to council reports let's start with Ryan.

UnidentifiedUnidentified speaker 17Proposed2:59:11

I just want to, we did some other stuff at APC today but it wasn't super important. I will mention though that the county did two interesting things today they obviously as everybody's probably aware they named a bridge after Mr Bennett and they also passed Health, they announced that their state they passed a resolution stating there's a health crisis in Ventura County regarding racism.

And that they're using that to help encourage number of things they're already doing regarding synergy with the police departments and the various organizations throughout the community. So just wanna make everybody aware of that.

CommentMaria VenturaProposed · by introduction2:59:48

Okay, Susan do you have a report of any sort?

UnidentifiedUnidentified speaker 3Proposed2:59:52

I just want to encourage people to go see Kiss The Ground this Saturday at Nordoff. Yeah, was produced only a mile away from Nord off. So I mean the filmmakers live and work, a mile away from Nord off. So that will be at 630 it's free and Betsy sticks and I will say a couple of words about why regenerative agriculture is important to the live Valley. And it said it'll be an interesting evening. I think, yeah there's going to be question and answers with the directors, the film team, and there's going to be gift bags and special surprises.

CommentMaria VenturaProposed · by introduction3:00:37

This is supposed to be a drive-in movie right?

UnidentifiedUnidentified speaker 3Proposed3:00:39

It's a drive-in movie.

CommentMaria VenturaProposed · by introduction3:00:41

How are they gonna do all that other stuff? I hope they're being careful okay.

UnidentifiedUnidentified speaker 3Proposed3:00:44

Yes it says watch inside your car or bring chairs blankets and snacks. Car safely spaced Listen in your car or portable FM radio, masks required at all times when outside vehicles. I mean they're assuming that in the vehicle will be your family or people that you're with or group. Yes, they're very aware of the COVID restrictions and then- Do

UnidentifiedUnidentified speaker 5Proposed3:01:13

you have anything for us? No except I'm hoping With due recognition of Pearl Harvey Day, that there's nothing ironic or metaphorical of being the same day we're kicking off the demonstration project.

CommentMaria VenturaProposed · by introduction3:01:29

Yeah. Could be an unfortunate coincidence, couldn't it? Randy.

UnidentifiedUnidentified speaker 6Proposed3:01:40

You know, I plan on... The people I've talked to about going to this event at Nordhoff are all gonna bring a bag of dirt I'm not sure how we can. utilize a lot of the information that they gave and how they do it in this community where our crop isn't a rotational crop. So to me, I've talked to Bill about this in great length is, I would like to see how we can find someone in this community that's got a large citrus farm that would like to work with this group and figure out how to do it, how to utilize the soils under these citrus and fruit trees to the betterment of the community and of the world. So I'm open for it. I would just like to see it, I'd like to see how it could be utilized within our community so I thought it was a great film, a really good film.

UnidentifiedUnidentified speaker 3Proposed3:02:53

Can

UnidentifiedUnidentified speaker 5Proposed3:02:54

I add something to that Mary?

UnidentifiedUnidentified speaker 3Proposed3:02:55

Yeah, I want to respond.

UnidentifiedUnidentified speaker 5Proposed3:02:58

And I would just It's not a lot of time to seeing, viewing something exceeds expectations. But it's really interesting especially from a practitioner standpoint being able to take part in the narration. And I also wanted to add that I really think Attenborough is a life on this planet on the issue of human impact on biodiversity is a great pairing with this film.

UnidentifiedUnidentified speaker 3Proposed3:03:26

Yeah.

UnidentifiedUnidentified speaker 5Proposed3:03:26

Very

UnidentifiedUnidentified speaker 3Proposed3:03:26

good.

CommentMaria VenturaProposed · by introduction3:03:27

Susie you had something you want to say?

UnidentifiedUnidentified speaker 3Proposed3:03:29

Randy, I believe there is a farm on Karm Road I visited about maybe just before COVID, yeah at the beginning of the year there's a farm that is doing regenerative it's a citrus farm. I mean it's a citrus orchard where they're doing regenerative agriculture. I think there are some may end up I think that might not be the only one whether it's

UnidentifiedUnidentified speaker 6Proposed3:03:52

I think they need to get that information out and so that some of us can go see it. Again, the film to me was more about rotational crops and being able to rest acreage and allow it to rejuvenate and other sound mechanical and environmental practices on that soil. I'm just not sure how it equates to how we farm under our citrus and in our valley I'd be open to it though.

I thought it was an excellent, excellent film.

CommentMaria VenturaProposed · by introduction3:04:25

Okay well that was the only thing I was going to add the same thing. I read the book now I'm looking forward to the film. I think doesn't Josh has a little orchard or something doesn't he on his property?

UnidentifiedUnidentified speaker 3Proposed3:04:39

I think so. But the whole point is to teach people that these monoculture orchards, they can't continue this way and agriculture is super important to our valley. So the point is to help the local ranchers transition. That is the point. Yeah. And that's critical for the future of Ojai.

3:05 – 3:0928 turns

CommentMaria VenturaProposed · by introduction3:05:08

Mr city manager you have a report for us or are you already exhausted yourself.

UnidentifiedUnidentified speaker 2Proposed3:05:13

I have two quick ones if I may, Mayor Johnston you mentioned this earlier but the flag ceremony today, and I just wanted to give Some credit, I know you mentioned Captain Fryhoff got it started and it was good to see him there. But Captain Rivera I think finished it off so I want to give him a little bit of credit. I apologize for having

CommentMaria VenturaProposed · by introduction3:05:38

not mentioned that part.

UnidentifiedUnidentified speaker 2Proposed3:05:40

So but it was a nice ceremony and then people were there socially distanced with face coverings as people could see and they did the full honor guard ceremony so that was cool to see today. And then just the other thing is some credit to the Arts Commission who has done the utility box project And I don't think until you see it, do you realize like how dreary they looked beforehand. This is the one to me that these boxes were eyesores for ever and they're pretty like their works of art now and so they've done, I think it's four boxes total at three sites. Here's another one and those are now painted and people can start to check those out too at Libbey Park and then this one's on Ventura streets.

CommentMaria VenturaProposed · by introduction3:06:27

Are those covered with some kind of a. Yeah,

UnidentifiedUnidentified speaker 2Proposed3:06:32

okay

CommentMaria VenturaProposed · by introduction3:06:33

great. Yeah

UnidentifiedUnidentified speaker 2Proposed3:06:35

they are. I have a

UnidentifiedUnidentified speaker 3Proposed3:06:38

question of James related to this. James when is the mural ordinance coming back?

UnidentifiedUnidentified speaker 2Proposed3:06:48

We don't have the November 24th meeting and so I was, I think it will probably be at that December or January meeting most likely of course in consultation with the mayor. So

CommentMaria VenturaProposed · by introduction3:07:02

okay. Not this mayor. Okay so any other future items anybody wants to bring up tonight? It's hard to get them on but

UnidentifiedUnidentified speaker 17Proposed3:07:17

I want to make sure I just remind everybody real quick that there's going to be on the show First Look, which is after Saturday Night Live. PAX Crew, Ojai Land Conservancy, Once Upon a Watershed and some other groups were involved with the guy who is the host of that Johnny Bananas, which I've watched a couple times. I don't remember what date it's coming out but if you have a chance or you can record it make sure you recorded our own Ojai crew is gonna be on the city hall property apparently it went really well so I can't wait to see Did you see Johnny Bananas? That's the host name is Johnny Banana. It's a really funny, he's really hilarious. It's a great show so I'm really looking forward to it. Should we interview Skip?

CommentMaria VenturaProposed · by introduction3:07:57

I thought that was Phil's nickname for me!

UnidentifiedUnidentified speaker 5Proposed3:08:03

With all these fabulous creative talent we have are we going to start worrying about attracting too much attention to Ojai again globally?

CommentMaria VenturaProposed · by introduction3:08:13

Apparently that's too late when you look at how fast this town filled up again last weekend. It looked like just normal, in fact Sunday night I was walking the streets again after dark and I think there were half a dozen restaurants downtown that were all fairly busy considering that they only can take 50% I think is that the guideline right now?

UnidentifiedUnidentified speaker 2Proposed3:08:36

Actually 25%. 25%?

CommentMaria VenturaProposed · by introduction3:08:38

Okay,

UnidentifiedUnidentified speaker 5Proposed3:08:38

they were full. And I'm always struck by the number of people just walking around. I introduce myself there we'll talk and they'll ask where they're from and they just come to be here. Yeah

UnidentifiedUnidentified speaker 3Proposed3:08:53

yeah

CommentMaria VenturaProposed · by introduction3:08:54

okay guys well that brings us to the conclusion so everybody Have a nice Thanksgiving. We don't see each other before then, so- Wait,

UnidentifiedUnidentified speaker 3Proposed3:09:03

wait, wait, before you do the gavel, how do we swear in the new mayor on December 8th? Well,

CommentMaria VenturaProposed · by introduction3:09:12

we will work that out and we know how to do it. The clerk will do

UnidentifiedUnidentified speaker 3Proposed3:09:16

it. But okay, well I guess I can talk to them about...I have a plan.

CommentMaria VenturaProposed · by introduction3:09:22

Okay. I'll

UnidentifiedUnidentified speaker 3Proposed3:09:24

talk to him just on Zoom.

CommentMaria VenturaProposed · by introduction3:09:28

Yeah, I'm sure that the clerk and the city manager will be in touch with you.

UnidentifiedUnidentified speaker 3Proposed3:09:34

Okay.

CommentMaria VenturaProposed · by introduction3:09:35

Thank you all.