Meeting Summary
This summary was AI-generated to save you time. It may miss or misstate details, so verify against the official recording and the transcript.
At a glance
Oath of Office and Transition
- Newly elected officials, including Mayor Betsy Spitz, were sworn in by the Deputy City Clerk.
- Outgoing Mayor Johnny Johnston received commendations and delivered remarks on fiscal health and emergency reserves.
- The virtual gavel was handed to Mayor Spitz to lead the reorganized council.
Coronavirus Response and Emergency Update
- The City Manager reported on communication tools, new evacuation sirens, and recent Public Safety Power Shutoffs (PSPS).
- Southern California Edison explained the rationale for recent circuit de-energizations and ongoing wire replacement efforts.
- Council discussed establishing information boards and a dedicated line for officials to receive timely operational data.
COVID-19 Update and Regional Designation
- Staff presented data on case surges and the state’s regional "stay at home" order restrictions.
- The council voted to support a letter establishing a new "Central Coast Region" for statistical reporting.
Election of Mayor Pro Tem
- William Weirick was nominated and elected as Mayor Pro Tem.
- The election followed the traditional practice of selecting the position at the first meeting of the year.
Cannabis Tax (Measure G)
- The council adopted a resolution implementing a 3% cannabis tax and directing revenues to the emergency reserve.
- An amendment was included to review the tax rate and medical exemption policy in May 2021 after Q1 data is available.
- The City Attorney clarified the council's authority to expand medical exemptions without a new public vote.
Automated License Plate Readers (ALPR)
- The council voted to keep the four proposed ALPR devices non-operational in the interim.
- An ad hoc group was formed to study the issue and return with a policy recommendation by April.
- The Sheriff’s Office presented information on ALPR usage, data retention, and legal frameworks.
Rock Wall Encroachment at 305 Palomar Road
- The council approved an encroachment permit for a rock wall that reduces the public right-of-way.
- The approval included standard conditions requiring the owner to indemnify the city and remove the structure if public need arises.
- Council members discussed the precedent for other properties in the Arbolada area.
Council Reports and Future Agenda Items
- The council voted to place the Active Transportation Plan (ATP) on the agenda to review recent actions and protocols.
- Discussions covered council protocols, public comment handling, and a request for a Native American acknowledgement.
- The City Manager reported on the 2040 General Plan update and upcoming community visioning workshops.
Full summary
Call to Order and Pledge of Allegiance
- The regular meeting of the Ojai City Council was called to order, and a quorum was established. The Pledge of Allegiance was recited.
Approval of Agenda
- A motion was made to approve the agenda. No requests to change or pull items from the consent calendar were heard. The motion was approved.
Consent Calendar (Items A through F)
- A motion was made to approve consent calendar items A through F. The motion was seconded. No objections were heard. The motion was approved.
Oath of Office
- Deputy City Clerk Gail Davis administered the oath of office to newly elected officials: City Clerk Cynthia Burrell, Council Member Susan Francina, City Treasurer Ellen Raines, and Mayor Betsy Spitz.
Recognition of Outgoing Mayor
- The council recognized outgoing Mayor Johnny Johnston. The City Manager presented commendations from the County of Ventura, the City of Ventura, the City of Thousand Oaks, and the Ojai Valley Museum, along with a City of Ojai proclamation. Two tokens of appreciation were presented: a flag that flew over City Hall during the Thomas Fire and a trash picker upper. Mayor Johnston delivered remarks regarding his tenure, the city’s fiscal health, water security, fire mitigation, and the impact of the pandemic on municipal finances. He advised caution regarding discretionary spending and the use of new revenue sources for replenishing emergency reserves.
Transition of Power
- The virtual gavel was handed to Mayor Spitz. A brief intermission was taken.
Public Comment
- Roll call was taken with the reorganized council. The following public comments were received:
- Mike Flowers: Expressed concerns regarding the Maricopa Highway lane reduction project, citing emergency egress issues for the Miner’s Oaks area, negative impacts on motor vehicle traffic, and the cost to taxpayers. He requested a copy of the traffic study.
- Mark Whitman: Representing Tony Anow, spoke in support of a redevelopment proposal for the former Ojai Bowling site at 1102 East Ojai Avenue. He argued that the current site is a blight and requested a CEQA override to allow the project, citing Section 15093 of the state code.
- Christy Cooper: Opposed the demonstration project on Highway 33, citing design concerns, potential traffic shifts to Cuyama Avenue, and timing issues related to school and hospital access.
- Rebecca Kenter: Expressed community unrest regarding the Highway 33 project, noting traffic burdens on residential streets. She suggested implementing regular bike lanes as an alternative.
- William Gartner: Opposed the Highway 33 bike lane revision, citing difficulties for Engine Company 22 and hospital access. He described the project as a "bike lane to nowhere" and requested further studies.
- Tony Anow: Owner of 1202 East Ojai Avenue, detailed his proposal for a family-friendly recreation area including a climbing gym, aerial studio, and restaurant. He requested the reinstatement of traffic credits he believed had expired.
- Sonny Crewson: Opposed the Highway 33 demonstration, citing negative impacts on commuting traffic and emergency vehicle response. She quoted a fire department engineer regarding the dangers of relying on bike lanes for emergency access.
- Ron Triggs: Opposed the reduction of Highway 33 to one lane per side, citing observed traffic congestion and safety issues. He requested that the council consider local experiences over data from other cities.
- Robert Dodge: Thanked the council for Ojai’s role in the nuclear weapons divestment movement and the adoption of a nuclear-free zone resolution.
Consent Calendar (Revised)
- Council Member Weirick moved to approve the remaining consent calendar items and to combine Agenda Item D with Agenda Item 8 as the first discussion item. The motion was seconded. Due to new rules regarding virtual meetings, a roll call vote was required. The motion was approved.
Coronavirus Response and Emergency Update
- The City Manager provided a report on recent emergency situations, including the ongoing coronavirus response, public safety power shutoffs (PSPS), and the monitoring of the Cornell fire in Santa Paula.
- Communication Tools: The City Manager highlighted improvements to local information sources, including AM 1610 radio, Channel 10 web crawls, the official City of Ojai website and Facebook page, and VC Alert.
- Evacuation Sirens: A video was played demonstrating the new high-low evacuation sirens installed on police vehicles, emphasizing that the sound indicates an evacuation is occurring.
- Public Safety Power Shutoffs (PSPS): The City Manager outlined the three circuits in Ojai (Matilija, Patricia, and Thatcher) and noted that two were de-energized recently. Rudy Gonzalez from Southern California Edison (SCE) provided additional context:
- SCE tracks weather continuously using in-house meteorologists and weather stations.
- The Thatcher circuit was de-energized with standard 72-hour, 48-hour, and 24-hour notifications.
- The Patricia circuit was de-energized without standard notification due to rapidly changing weather conditions.
- Re-energization requires visual inspection of overhead lines, which was delayed by darkness and completed via helicopter the following morning.
- SCE is replacing bare wire with covered conductor in Ojai, a process expected to be completed within the next year, which may reduce the need for PSPS.
- Detailed reports on PSPS decisions are submitted to the California Public Utilities Commission (CPUC) within 10 days of an event.
Discussion on PSPS
- Council Member Francina asked about the possibility of establishing information boards in town for PSPS events. The City Manager stated that while boards are used for fires and earthquakes, they have not been established for PSPS but could be considered. Council Member Weirick asked three questions regarding the recent PSPS event: 1. The timing of helicopter inspections. 2. Confusion in SCE call centers regarding which circuits were out. 3. Protocols for community resource centers during shutoffs.
Emergency Response and Communication (Continuation)
- Discussion: A utility representative addressed concerns regarding delayed helicopter patrols during a power outage, apologizing for the delay and promising to investigate internal causes. The representative also apologized for inaccurate information provided by call centers and discussed the status of Community Resource Centers, noting that state COVID-19 restrictions have complicated staffing and resource provision.
- Council Comments: A Council Member suggested establishing a dedicated line for city officials to receive timely and accurate operational information during emergencies. The utility representative agreed to take the suggestion to leadership.
- Signage Discussion: A Council Member raised the issue of public signage directing residents to the emergency radio station (AM 1610). Staff confirmed that additional orange construction signs with this message have been ordered and will be installed.
- Decision: No formal motion or vote was recorded in this section; the discussion served as informational and advisory.
COVID-19 Update and Regional Designation
- Staff Report: Staff presented data indicating a surge in case numbers and ICU capacity constraints in Ventura County and the Ojai Valley. The report detailed the state’s regional "stay at home" order, which closed recreational facilities, restricted restaurants to takeout/delivery, limited hotel operations to critical infrastructure support, and reduced retail capacity. Staff noted that the city is focusing on education and outreach rather than strict enforcement.
- Central Coast Region: Staff reported that the county requested a letter of support from each city to establish a new "Central Coast Region" (Ventura, Santa Barbara, and San Luis Obispo counties) to separate local statistics from the broader Southern California region.
- Motion and Vote:
- Motion: To support the letter for forming a central coast region.
- Seconded: Yes.
- Outcome: Passed.
Consent Calendar
- Motion and Vote:
- Motion: To approve consent item B.
- Seconded: Yes.
- Outcome: Passed.
Election of Mayor Pro Tem
- Discussion: Staff noted that the Mayor Pro Tem is traditionally elected at the first council meeting in December. A Council Member noted the historical practice of rotation among members.
- Nomination: A Council Member nominated William Weirick for the position.
- Seconded: Yes.
- Outcome: Passed. William Weirick was elected Mayor Pro Tem.
Cannabis Tax (Measure G)
- Staff Report: Staff reported that Measure G passed with 69.2% support, authorizing a tax of up to 10% on cannabis gross receipts, with an initial rate set at 3%. Staff recommended implementing the tax and directing revenues to the emergency reserve.
- Legal Report: The City Attorney clarified that the ordinance allows the Council to set rates between 0% and 10%. The current exemption for medical cannabis applies only to those with a county-issued ID card. The Council has the authority to expand this exemption to include those with a physician’s recommendation without a new public vote.
- Public Comment:
- One speaker opposed the tax, arguing it is a gross receipts tax (not a sales tax) with a higher effective rate, that medical exemptions are too restrictive, and that the industry is struggling.
- Another speaker urged the Council to respect the will of the voters, who approved an immediate 3% tax.
- Council Discussion:
- Debate centered on the difference between gross receipts taxes and sales taxes, the effective tax rate on dispensaries due to federal tax code (IRC 280E), and the impact on local businesses.
- Council Members discussed the medical exemption, with one member expressing a desire to expand it to include physician recommendations.
- Discussion regarding the timeline for review: Staff noted that Q1 2021 sales data would not be available until late April/May.
- Amendment: The motion was amended to include a provision to review the tax rate and the medical exemption policy at the first or second council meeting in May 2021, allowing for the collection of Q1 data.
- Motion and Vote:
- Motion: To adopt the resolution implementing the City of Ojai’s cannabis tax at 3%, direct staff to develop a policy designating revenues to the emergency reserve, and agendize a review of the tax rate and medical exemption for May 2021.
- Seconded: Yes.
- Outcome: Passed.
Automated License Plate Readers (ALPR)
- Staff Report: Staff reported that the Ventura County Sheriff’s Department requested the installation of automated license plate readers at four locations in the city. The City is required to adopt its own policy prior to usage. Staff recommended allowing the readers with two modifications: requiring quarterly usage reports from the Sheriff’s Department and requiring more frequent purging of data.
- Discussion:
- The Sheriff’s Office presented information regarding the use of Automatic License Plate Reader technology in Ventura County and the Ojai Valley. The presentation covered the technology’s function in identifying stolen vehicles, missing persons, and wanted individuals, noting that the data is used for official law enforcement purposes and is not available to the public. The Sheriff’s Office stated that it operates under California Senate Bill 34 and has a policy in place since 2015, with data retained for five years unless used in criminal or civil actions. The Sheriff’s Office highlighted several cases where ALPR data assisted in solving crimes, including an attempted abduction in Thousand Oaks and a stolen vehicle incident in Ojai.
- Council members raised questions regarding the vendor (Vigilant Solutions/Motorola Solutions), data ownership, and the legal implications of the City adopting its own policy versus relying on the Sheriff’s policy. It was clarified that if the City adopts a divergent policy, it becomes an "operator" under state law, requiring its own adopted policy. Council members discussed the balance between crime prevention and privacy concerns, noting that public comments received were largely opposed to the installation.
- Motion and Decision:
- A motion was made to form an ad hoc group to study the issue and return with a policy recommendation, with the four proposed ALPR devices remaining off and non-operational in the interim. The motion included delegating the selection of the ad hoc group to the Mayor. The group was to include Council members, the Sheriff’s Office, and community input, with a target for a report at the first meeting in April.
- Vote Outcome: The motion to form an ad hoc group to study the ALPR issue and keep the devices non-operational in the meantime passed.
Rock Wall Encroachment at 305 Palomar Road
- Discussion:
- Staff presented a request for a private encroachment permit for a rock wall at 305 Palomar Road. The City Council adopted a policy in 2015 allowing new encroachments under specific circumstances, including a five-foot setback from the curb. Staff noted that this would be the first new wall approved under this policy and that it effectively reduces the public right-of-way by approximately 10 to 15 feet. The property owner, Gary Duncan, stated that the wall was built to improve the area and provide a walkway, and that he was unaware of the permit requirement.
- Council members discussed the implications of setting a precedent for other properties in the Arbolada area, where many existing structures encroach on the right-of-way. The City Attorney clarified that the City owns the land, and the encroachment permit requires the property owner to indemnify the City and remove the structure if the City requires the right-of-way for public use (e.g., road expansion or bike lanes). Council members debated whether to offer the land to the owner or to notify all Arbolada residents of the City’s ownership and the encroachment policy to prevent future disputes.
- Motion and Decision:
- A motion was made to approve the encroachment permit for the rock wall at 305 Palomar Road, with the understanding that the standard conditions regarding indemnification and removal for public need would apply.
- Vote Outcome: The motion to approve the encroachment permit passed.
Council Reports and Future Agenda Items
- Discussion:
- Council members provided brief reports on their external committee assignments, noting upcoming chair positions at APCD and Gold Coast. The City Manager reported on the 2040 General Plan update, including the extension of the public survey and the scheduling of a virtual community visioning workshop for late January.
- The Council discussed several items for the future agenda:
- 1. Council Protocols: Discussion regarding meeting time limits, the process for adding items to the agenda (currently requiring two Council members), and the potential adoption of Rosenberg’s Rules of Order instead of Robert’s Rules. 2. Public Comment Handling: Discussion on improving the distribution and tracking of public comments, including the format of emails and the timeliness of comment submission. 3. Native American Acknowledgement: A request to include a brief acknowledgement of the Native American community in meetings, potentially tied to Martin Luther King Jr. Day. 4. ATP (Active Transportation Plan) and Fire Truck Demonstration: Council members expressed concern about the lack of clear accountability and protocols for recent actions, such as the fire truck demonstration and surveys conducted by various groups. A motion was made to place the ATP on the agenda to review these actions and protocols. 5. Road Issue: A request to place a road issue on the agenda was noted as already being in the queue for January.
- Motion and Decision:
- A motion was made to place the ATP (Active Transportation Plan) on the agenda to review recent actions, protocols, and accountability.
- Vote Outcome: The motion to place the ATP on the agenda passed.
Adjournment
- The chair proposed adjourning the meeting. No further business was raised. The motion to adjourn was made and seconded. The motion passed.