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Roll call — called by Weston Montgomery
Show transcript
Council
Member Weirich, will you please do the pledge for us?
Certainly
Thank you
Agenda Discussionitems moved / continued / pulled — click to expand
OK moving on approval of the agenda. Do we have a motion?
Motion to approve. Second.
Thank you. OK vote on that Gail please.
Do we get to do consent yet, Matt? We still have
to vote on
everything.
Because
we're back in person a roll call vote is no longer required.
OK. All right, thanks Ryan.
You can just say if there's any objection.
Any objections?
Then it passes.
We got it. All right thank you. All right we are going to move on to presentations so first we have crew with Jennifer Berry and Faye yeah and Karen's here too so thank you very much we're so excited to have you here and thank you for all the incredible work that you've done for so long to help our valley
I'm sorry, and you are?
Sorry, we have a presentation. And your name is? Oh my name is Tara, Tara Fay. I'm the program coordinator at the Green Valley Project and the crew so I'm gonna be talking to you guys about that. Just waiting for that to go up okay cool. So it's not just me here today like Mayor Sticks said. We also have Karen Bosson who is the advisor for the Green Valley Project and we also have Jennifer Berry the executive director of the crew Over there.
So yeah, I'm here to talk to you all about the Green Valley Project which is basically a new initiative by the crew to help involve youth, Ojai's youth in the environment and to help them really get some environmental leadership within our community. So next slide please. So what is GBP? GBP is basically, as I was saying, an initiative of the crew to get our youth involved in environmental restoration within the community.
This can be through turtle habitat restoration, butterfly corridors. There's so many different possibilities for what youth can do in the Green Valley Project And we really like to focus on restoration, education and inspiration in all of our programs. So yeah. Next slide please. So the Green Valley Project is an initiative of The Crew and I'm sure you all have known about The Crew before it's a 30 year old Conservation Corps, and it's pretty exciting because it really helps to engage young adults in environmental jobs here in Ojai.
And we also have multi-year funding so this is a program that is really exciting. We have the possibilities for many, many programs for years to come. Next slide please. So our goals are basically to promote leadership and to help with education and involve just youth in environmental restoration projects. So basically we want to help them to have that leadership, to be able to even build their own restoration projects within the community. Basically whatever they feel like is important is what we're going to be focusing on.
Next slide please. So we do have a lot of really awesome partners that we are working with. We have Once Upon A Watershed, Watershed Progressive, PAX Environmental, the Ojai Valley Land Conservancy, the Los Padres Forest Watch, and also the Ojai Unified School District as well. So we have all of these amazing partners that are going to be able to help us make these programs super strong with lots of youth participation.
So some of our current restoration projects are Middle Stokes Creek. So basically, I'm sure you all have heard of that one it's like literally right outside. So it's a really great way for us to involve youth in our community watering days, our community planting days and mulching so we're able to get a lot of kids involved in this amazing restoration project that is going to be just like center for the community to just love and be able to be a part of, be able to walk outside and enjoy this place that they helped to create and restore and make an amazing like landmark of Ojai basically.
So it's really exciting to get youth involved in that program which the crew and City Hall are like very strongly rooted in And our other program that is really, really cool that we've been working on is the Ojai Meadows Preserve. So basically youth have been able to plant tree circles through working with the Green Valley Project and also the OVLC. Together we were able to get many classes to come in and help to plant these tree circles that are just like so, so amazing.
They were really, really small when we first planted them but now the shrubs that were surrounding the trees are the size of people. So we had youth there just visiting and they were hugging the shrubs. Tree huggers? Shrub huggers? I don't know. It was pretty cool. Next slide please. So this is actually a video. I wanted to just have our youth kind of say something, but they couldn't be here today. So this is going to be Miranda Felton and she is basically one of our Youth Council members and also used to be one of our communications interns as well.
Hopefully the video works. Oh can you go back? It doesn't play? No okay. Okay, well the video was pretty cool. Basically what she said... I can say the last few words that she said. She just said that It was such a great learning opportunity, and just the fact that she was able to spend this time volunteering. And it's something that she wants to do in the years to come. So she's really, really excited about this amazing opportunity to volunteer and to help the community. She's going to continue to do that. Just take my word for it. That's what she said.
OK, next slide please. Okay, so I'm just going to list some more of our opportunities that we have for teens. So we have our GVP communications internship. We also have PACS Environmental Science Institute. That is more of an educational opportunity for kids to learn from PACS scientists and learn all the career opportunities that they have. And that they can basically progress to when they get older.
And then we also have the GVP Youth Council, which will be right here. We're actually starting that next week on Wednesday. So it's going to be a really great way for youths to show a little bit of environmental leadership and it's very exciting that you guys are letting us do it here. And then we are also hosting outdoor Saturdays, which will involve not just teens but also families. So everybody is invited.
Next slide please. So some of our future projects, I've kind of talked about some of our past projects, Middle Stork Creek and also the Ojai Meadows Preserve but our future project really lies within the youth so basically Youth Council is going to be able to create their own restoration project for the city So they get to choose whether we want to help pollinators, turtles or trees and then come up with a project develop it.
Come up with the grants and then write that grant up. And then also we are going to implement that and make a really awesome thing for the city So that's one of our really exciting future things. And then my last thing that I wanted to say is what you guys can all do to help these teens and to make them feel like excited about what they're doing. So basically, what you can do is just support.
Come to the events that teens are putting on. Basically we'll be having a lot of restoration events for the Youth Council near the end of us meeting together for six months And if you guys just could come, support, be there and show that what they're doing is really important. I'm sure that would mean the world. And it would definitely mean the world to me as well as the teens that are involved. Yeah, it's really, really exciting. If you guys have any ideas for locations for pollinator corridors or habitat restoration or other ideas, just let me know too.
Does anybody have any questions?
Wonderful
presentation.
Yeah.
Inspiring, thank you very much.
Thank you, Tara.
I wanted to say thank you too. I've been out on Saturdays and
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see dozens of volunteers with you guys pretty regularly so I wanted to say thank you for all the work you've done on the Stewart Canyon project. Is there another restoration planned on that one anytime soon? Is there a date we can give people?
Okay.
So yeah, for the community watering days we do have one coming up July 17th. So if anybody is interested in participating, coming to help water and mulch the little baby trees and some little grasses that we've planted in Middle Stork Creek definitely come July 17th it's going to be 10 a.m., sorry 8 a. m. to 10 a
You have all the support you need for
watering?
So please stick around for the next presentation. You're going to hear some wonderful things about organics, some incredible things about organics.
Thank you, Tara. Thank you for coming and sharing beautiful work. All right, next we have a presentation by Nan Drake of E.J. Harrison and Bill Camarillo of Agroman on new waste recycling programs. Exciting. Hi Nan. First of all
thank you Mayor Sticks, council members and City Council Manager. It's an exciting time for the trash business there's a lot to be done And we're pretty sure we got it handled, but we need to get everybody in the loop. Everybody has to understand the importance of what they can do. We have looked at ourselves and looked at our customers through audits at Gold Coast looking through commercial loads and residential loads, and we decided that maybe everybody needed more service because we did find a few mistakes.
Some recyclables in the trash Little bit of green waste in the trash and a lot of food in the trash. And that's what the new law is all about, making sure that none of this goes to the landfills. So I'm here to talk about one specific thing which is really great news starting in July actually the week of July 5th No one will have to wonder, should I put my recycle barrel out or shall I put my green waste barrel out? Because you'll get to put all three of them out weekly.
So we'll have three trucks coming by your neighborhood and making sure that you have enough room in each barrel to do the right thing. And we feared that maybe that's what was happening, is you just did not have enough service and so people do what they can do and then they put it in a different barrel. So again... And I'm really happy to be here with Bill Camarillo.
As you know, it's a triumphant of partnerships, Gold Coast Recycling. Some of you have visited there. It's a very, very exciting facility. Three years ago the Harrisons decided to invest $7 million in new equipment And as you know, that was the very beginning of China deciding they didn't want any of our material anymore. But it was the right decision to make because today we were the only facility in California that never shut down a day during the pandemic and we kept selling material.
Downside is the prices are pretty low But you know, our business is diversion. So we're very happy that Gold Coast is working as well as it can and our other partner joined us This is by the way this is our 90th year in business In six more months so we're going to have a lot of parties and celebration And hopefully the city of Ohio be one of the cities that we come to We were here for our 85th anniversary We'll be back, but again very excited that Bill Camarillo is here with me tonight. He joined EJ Harrison as a partner in a new company that he brought to the Harrisons 30 years ago and Bill Camarillo said you know Jim I can make sure that all of your green waste that you now by law have to recycle gets reused We're going to create product with it.
Jim goes, really? Are you sure you're going to be able to do it all every city? He said yes and he said can you write a letter to all the cities absolutely promising that you could recycle all the green waste? Today it's the largest green waste actually organic waste company in California, and we're very proud. Jim Harrison is here with us also. Jim? You wanna say hi to the camera and wave?
Anyway, I'm so happy that Bill is here. He knows so much scientific and technical information about what we are doing that really will delay climate change. I'm not sure that we can stop it, but I think if we all try, we can move forward and do the right thing. With that, I'm going to let Bill take his spot up here and tell you about the exciting things we're doing together.
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Thanks Nan. Thank you. Good evening, Mayor, Councilmembers and staff. My name is Bill Camarillo and I'm the CEO of AGRAMENT and that was an inspiring story. I travel the entire state we serve over 200 cities throughout the state and it's the youth that is doing programs like the Green Valley Project and crew that are making a difference and we're gonna do our part to help so you can reach out to AGRAMENT to see what we can do to assist you in your programs Because we actually need your help to put the soil back in the ground.
So our whole new mission and battle cry is to think organic, to heal the planet. And we today recycle over 1.2 million tons of organic waste in California for lots of communities throughout the state to meet the legislative mandates that California has put forth since 1990 and I'll share some of those with you in a minute. And we've been partners with the Harrisons for nearly 30 years. I was 28 years old when Jim asked me that, so I didn't know what I was talking about and I said sure. I just spent 10 years in the Marine Corps and I didn't think I couldn't do anything so I threw my hat in the ring and figured it out. Here we are 30 years later managing a lot of organic waste and converting it into all organic soil amendments, mulches, organic fertilizers, and renewable energy.
We're pretty excited about it because Even though we have been drunk on fossil fuels for a long time, it's a way to start cutting back and finding different ways to do things. And reuse a lot of the resources that we have consumed over the years and recycling of everything is going to be the future so next slide please. Uh-oh, that's the back. There you go.
So there's a new Senate bill that was passed in 2016 and it's not a recycling bill. It was all about fighting climate change. It's an organics recycling bill. And that Senate bill passed requiring us to start diverting 50% of all organic waste that's in the trash barrel by the year 2020. That's passed. And 75% by the year 2025. Here's the bad part about it. If you don't do it starting January 1 22, the penalty phase begins on all jurisdictions to ensure that we are removing the organic waste out of the waste barrel which includes green waste and food waste and wood waste and soil paper and all of those nice compostable packaging things you get at restaurants.
We're supposed to divert those from the landfills. Why do they want us to do that? Because when that material goes to the landfill, it creates methane gas. That methane, although captured through pretty sophisticated gas capturing systems, 25% of that gas is still fugitive emissions off the landfill itself. It just migrates through the soil and ends up in the atmosphere NASA has these really cool programs that can measure methane everywhere. And when you look over the world, they can see where all the methane generation is and it's typically at landfills and dairies which is why the dairy has been under attack in California but we can do something about the landfills. We could stop sending organic waste to the landfills and reutilize that organic material for more beneficial reuse in agriculture and we'll talk about that too.
Next slide? The regulation actually started back in 1990 when Jim asked me if we could manage green waste. And the first yard waste programs in Ventura County, we were receiving them and grinding them and composting them and turning them into well over 200 plus different types of soil products that we reintroduced back into landscapes, agriculture, and consumer grade products.
I won't bore you with the rest of them. All the orange ones are organic bills, AB 1594. You didn't even know that came and went? That was a bill that said you could no longer use green waste as alternative daily cover at landfills, meaning people were using ground green waste they were collecting from residents, grinding it up and covering the trash every night with it. And then the next day put the trash on top of that, and so on, and so on, and on. So the organics were still in the landfill creating methane.
SB 1383 comes along, says you can't do that anymore either. And it's not actually a recycling bill. It's a short-lived climate pollutant bill because over a 20 year period of time methane production is 80 times more potent than CO2 as a greenhouse gas creating a global warming effect and if you don't believe in climate change whether it's manmade or not the climate is changing ask any farmer We're seeing more severe droughts, more severe weather patterns. It's having an impact on everything so the state of California has decided it's going to lead the world in these climate change bills and we are going to help them get it done because they mandated it and if we don't do it they're gonna penalize us financially. So the good news is we're way ahead of the game with the Harrisons.
We've been doing this a long time We use innovation and science, and we use soil agronomists and scientists to figure out how to repair the soil because the answer is truly beneath our feet. If we put the carbon back in the ground where we took it from and put it into the atmosphere, we can actually create all kinds of benefits that reduce water consumption, reduce chemical use of fertilizers, all kinds of great things. Next slide?
Here's the goal. We are halfway through 2021. They expect us to get 20 million tons out of the landfill by 25. Agriment's already at 1.2 million tons across the state and we're only one company. So if you can imagine the heavy lift of trying to divert 20 million tons from the landfill with lack of infrastructure, which we're gonna talk about right now. We can't do this without collaborating with everyone to figure out ways to get this done. No good idea will be wasted cuz we gotta think about how we're gonna convert all this organic waste material into something reusable. Whether it's fuel for vehicles, renewable natural gas, renewable natural gas for energy.
Organic fertilizer, somehow we gotta turn this back to something that we can put back in the ground. Next slide. Agri-Min's mission is we are driving advanced innovations and regenerative soil science through using organic waste solutions to reverse climate change. Will we be successful? We're gonna try like son of a guns and if we don't try then where are we gonna end up so We do that by partnering with waste haulers, municipalities, agriculture, landscapers and every person programmed to try and figure out how to get this organic material back in the ground.
Next slide. Our layered strategy, we have become the counterpunch to climate change. We're an ambassador to everything you need to know about waste diversion, recycling requirements of organic waste and the waste industry for jurisdictions and haulers in agriculture. And we are the gold standard of making products that go back into the marketplace. We've done projects like the new SoFi Stadium in Los Angeles for the Rams, the Getty Centers, Disneyland, Anaheim Stadium. Our products are in all the Armstrong nurseries with Dr. Earth brand on them, and we're the single largest supplier of organic products for Scott's Miracle-Gro. So we know how to make great things out of organic waste to get them back in the ground and reused. Next slide.
It's a circular economy. You help us by putting the right materials in the right barrel, which you just heard Nan. The Harrisons are going to pick up your green waste barrel now every week so that you don't put any of it in the waste barrel and the trash can. And that material as a hauler brings it to us and we use our technologies and manufacturing capabilities to transform that material into reusable finished products for whatever you're trying to grow. If you can imagine every person's different, every animal is different, every plant is different We make soils just for roses. We make soils for vegetables, like strawberries. Everything's different that we make products for its application and it's for the purpose of restoring land and rebuilding our soils.
Just a factoid, in order for Mother Nature to build its own topsoil, it has to have at least 6% organic matter in it. It takes 3,000 years to build six inches of topsoil And farmers for decades have been using chemicals and depleting our topsoil, which has been consuming carbon out of the atmosphere. On top of that we've been tearing down the Amazon, which is a carbon sink. So we've created a lot of our own troubles by not being able to remove carbon out of the atmosphere. Next slide.
What do we do? We've taken waste diversion and recycling requirements through innovation, science, technology, and manufacturing. We've developed products to focus on regenerative agriculture, landscape, retail products, and renewable energy. Next slide. How do we do it? The dotted line represents, on the left side, the whole feedstock preparation of what we do. No matter what we get, whether it's food waste, grain waste, wood waste, ag waste, manures, liquid waste, we look at everything through a periodic table like in chemistry class and we look to see what's inside it and how are we going to harvest all that energy to determine what we're gonna make out of it? And then ultimately, we manufacture a ton of different products. Next slide.
This is our brand new facility opening in October. It is going to take food waste or separated collected from restaurants, schools, supermarkets, jails. The Harrisons will deliver it to this new facility in Oxnard. It'll unload into these stainless steel hoppers with augers, and it'll never touch the ground again. It'll be shredded, pressed, screened, and it's going to make an animal feed for chickens, pigs, dogs, cats, and an organic fertilizer that we can put back in the soil all from the organic waste streams generated from the communities. Next slide.
I grew up in Ventura County. This has been my most difficult project to ever work on. I know it's hard to see, but I have been trying to permit this facility in Ventura County for 11 years. Way before the legislation hit, because we could see it coming. And it'll be a 70 acre fully permitted commercial compost center in Ventura County to serve Ventura County and not have to haul our waste streams out of county. We're expecting the county promises to have it permitted by the end of this year.
And we're hoping to have it built and open up in early 23 to accept all organic waste materials for composting and renewable energy. Next slide. We're launching a new website called California Compost, powered by Agriman. One of the elements in SB 1383 is called Article 12, the requirement of every jurisdiction to buy compost, mulch, biogas or renewable energy to create a demand pull on the 20 million tons we've got to get diverted.
We're developing this new website just for jurisdictions to be able to go and order what they need. And we will get that material to the jurisdictions for whatever application, whether we're gonna put it in parks to reduce water consumption and store carbon in the parks or median streetways where can mulch those or even some of the garden products that you're doing. The cities and jurisdictions are required to purchase back 8% of their population in tons.
So for the city of Ojai, it's roughly 600 tons annually that you're going to have to purchase back in the form of compost or mulch to get it back into your communities. We started new projects with communities and their park lands were doing one in Ventura Montalvo Park We're going to use a new product we made for turf out of compost that will reduce the water consumption in parks by 40%. And we'll be able to store carbon in the parks. That we're looking at monetizing through a voluntary carbon market, where the big tech companies are trying to become carbon neutral. The one thing about the Harrisons and everything they've been doing? They're 21 times net zero because of all their recycling and their organics programs when most companies are going to struggle just to get to zero.
Next slide. We've been leading the way for 30 decades, and the state's finally catching up. Next slide. Oh actually could you go back to that slide real quick? You see the little boy on the right hand corner? That little boy received a trash truck from the driver that went viral on YouTube. It was the craziest thing it was pretty neat story. That's in Ojai, absolutely.
Next slide. Just a little footprint on Aggerman. We're split up north and south. We have facilities all the way in the north and the south. We cover almost every county in the south and growing very rapidly in the north. Next slide. That's the end of my story. Happy to answer questions. And thank you so much for your time. And Ojai is awesome. You guys think green, think organic, and we can all heal the planet. Thank you.
Thank you. Mayor? Bill, I have a question for you real quick. The community food waste right now—I think we talked about this yesterday—we should be bagging it and putting it in what container?
So the Harrisons very shortly are going to start a co-mingled yard waste, food waste program. But because we want the food waste to go to the Mountain View facility and become a higher value crop product like animal feed and fertilizer, we're going to ask the community to just bag your food waste and put it in the green waste barrel. And when it gets to our facilities, we're going to remove the food waste, send it to the Mountain View facility for processing, and then we're going to send the green waste to our compost centers to become soil amendments and mulches.
That's coming soon, right Jim? Probably you'll see some pilot programs starting this year and then effective next year you'll probably see a full program being implemented throughout the whole city
One other comment was, we were talking yesterday in that program you're starting at Montalvo. I came back and I just kept thinking of all of the large green turf spaces that we have in the community. And it's not just our parks, it's our schools. In fact, our schools have probably more turf or yeah, more turf that they're actually growing than the parks are in the city. Seems like having you guys come in and doing some joint ventures and even some joint education with the school system would be beneficial to all of us.
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Yeah, as part of our California compost website too we're going to have a brokering service so that if the city can't use all the material will help you broker that to someone who can to help minimize the expense if we can uh You're gonna have to do it because it's part of the requirement And we'll provide all the reporting for you to CalRecycle through that hub And then if you can't use it all we'll broker to a school program or to an agricultural program in the community. What we're really excited about is truly believe, we truly believe we could store carbon in the parks because you're not tilling the turf and the great thing about organics if you buy organic food bigger's not better. Organic foods aren't bigger than conventional foods they taste better look better while you can grow great grass with organic products it doesn't grow tall grass it grows green grass and it stores carbon in the parks that we truly believe we can measure And we have this new drone that flies the parks, and we can measure the photosynthesis in the parks to tell you how much to turn the water back so the park stays green.
And you're using and maximizing the water because water is precious everywhere.
Mayor? If I could just say that what we've seen right here is why we are so fortunate to have a homegrown set of companies that you represent Headed by people that are committed to this community and so committed and passionate about doing the right thing. And I couldn't be more excited about the partnering potential that we are looking forward to in the near future.
Thank you, Bill. And you couldn't have said we all grew up here right and I think it's because we grew up here we have this certain culture about us that when we go to the rest of the state we're like how come you didn't figure this out? You know we figured it out in Ventura County and we're spreading like a biotech company across the whole state because we have been doing it so long. We're a first mover in the market space. Yeah you're
truly dragging others along with you yeah right here for Ventura County
We thank our city partners, because if it wasn't for the city's confidence in allowing us to innovate and find ways to do good and do well all at the same time, I don't know where we'd be. But we're thankful for that too.
Thank you.
Thank you, Bill. Thank you, Nan. Beautiful presentation and beautiful work really. I love that we're drunk on fossil fuels. Is that what
you said? Yes. Yes, we have been drunk for a long time. That's a good one. Good one. Thank you very much. I'm not saying eliminate them. I just saying cut them back a little. Let them
know that if they call us, we'll be glad to tour them.
Yes, we'd love to give you tours and see how we make things. It's kind of like dirty jobs so bring your boots but we'd be happy to tour you on how we make our products.
So Bill one last thing would it be beneficial to you if we drafted a letter to the county in support of getting this project approved? Yeah that permit...
Mike Powers is a good friend and last time the City of Camarillo actually passed a resolution and he felt a little Disappointed that we had to go to that extent. So he is on top of it right now, but I'm never going to stop you from sending a letter to the county and saying hurry up. They'll always blame it on us unfortunately, but we're giving them everything they need so.
Well, I did. I said hopefully by the end of this year it'll be permitted and then early January of 23 it should be built.
You can come to the Board of Supervisors meeting in support of doing the right
thing. Thank you very much for tonight.
Susan, you have a question? I'm sorry. Nan, can
you answer a question from Susan? Thank you, Bill and Nan. What you're doing is so essential but the public also wants to know I've been asked if you would be willing to come back at some point and do a presentation on plastics because that's a huge problem everywhere including here in Ojai.
Call your elected official in Sacramento. That's the answer to plastics. I mean, it has to be by law. We advertise one through seven because that's the law in the state of California and we can sell abundantly one and two. The others are very difficult to sell Markets fluctuate. We can sell four. We collect it all. The loads are small because lots of people just don't, they get it and they're not throwing a lot. They're putting them in the trash because they read the newspapers. I mean, I've spoke before when people say you know we hear you're not recycling anymore and I go what? No that is not true. Well I hear, I read in an article. I said well you know what? Ventura County you're lucky to be living here we believe in sustainability and all of our cities support us and do the right thing and so you can be assured if you put it in the right barrel it will go to the right facility and it will get recycled but um I'm sorry you know I can't really answer her question because it's not up to us it's you know the legislation has got to be behind it and they have to say Just don't make so many plastic bottles that are three through seven.
I mean, that's the bad thing. They keep manufacturing. It's really up to... There's a council called Manufacturer's Council we worked with and we put in extra shoots and slides at Gold Coast to try to collect this material but you can collect it and if you can't sell it, if there's no market, it's just a vicious circle that we're part of Yeah
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Make compostable packaging
It's a good thing because we don't need China to compost so that's a good good answer
Thank you. Thank you. Good answer All right moving on do we have any Commission reports today? Jane Nope, okay. All right moving on to public communications we have four tonight Cindy Convery ready to speak
Hi everybody that was a really good presentation Cindy Convery Ohio resident and I'm here to ask you to consider adding something to the agenda To create a 25 mile an hour speed limit for our residential streets, which you as the City Council have the power to do. You don't need any other group. You can do it five of you. The National Association of City Transportation recommends 25 miles an hour for all minor and major streets in all cities. Their website states, higher speed limits above 30 miles per hour should be used sparingly and only in cases where safe conditions are being met.
Ojai is not meeting safe conditions on our residential streets because we have narrow streets, narrow shoulders and limited sidewalks designed for a rural area. Foothill Road, Grand Avenue, Cuyama and Bristol all residential streets have speed limits of 30 to 35 with many cars going faster than that particularly in the last two years Ojai has seen a turnover in population you've all seen the houses flipping around here like crazy And many of the new residents are coming from urban areas with four-lane throughways like Sunset Boulevard where speeds range up to 40 miles an hour. New residents aren't used to living in small towns and going at a slower pace.
In the 30 years that I've lived on Foothill Road, I've seen traffic quadruple and the average cars have transitioned from Volvo station wagons to Ferraris, Teslas and Range Rovers all designed for speed. New residents easily drive 40 miles an hour up and down Foothill. I've spoken to every resident in Foothill, and they're all in agreement. I was on Shady Lane last weekend, and a car passed me at 40 miles an hour cutting from Grand to Ojai.
Last summer cyclist Marion Weil was killed on Cuyama Road, a relatively narrow residential road with a speed limit of 30 miles an hour and where most cars drive at least 35. Maybe the driver who hit Marion might have avoided that tragedy if he had been going 25. There are dozens of studies that show lower speeds reduce accidents and death. In 1974 President Nixon lowered the national speed limit to 55 miles an hour, some of you might remember that, and traffic death rate dropped nearly in half like 49%.
So I don't think there needs to be a study done. To enforce a citywide 25 mile an hour speed limit I would encourage our police force to issue more speeding tickets Which is a great way to increase your budget right on and? I don't think oh, hey needs to do an expensive traffic study to make our streets safer It's just 25 miles an hour in the city limits and you guys can do it. Thank you
Thank You Cindy Next we have Dorta Bistro
Hello my name is Dorota Bestrup. Thank you for this opportunity to speak to you first I would like to say that in the short time that my husband and I have lived in Ojai it has been an incredible and wonderful experience getting to know the city and its residents. I am so happy that we moved here And I want to contribute to Ojai in a meaningful way. I sent an email to the City Council because I was recently nearly sidewiped by a speeding car while walking on North Drown Avenue where I live.
It was a very scary experience and it made me angry because I had this happen to me before Over the past few months I've spoken with many neighbors about the speeding and the condition of North Drown Avenue. And not one has said it isn't a problem. And I know that the City Council knows that there is a problem because of the proactive neighbourhood measures, namely the Slow Down Drown project.
And therefore speed humps were approved before the pandemic happened. As I wrote in my email, I don't understand why a safety device such as speed humps has to be paid for by private funds in order to make the public safe on a public road. Surely money can be realized from somewhere in the budget to buy and install two speed humps on a street that has no sidewalks, and that is in disrepair. And therefore difficult to walk on unless you walk in the street.
I would like to feel safe walking where I live, and I would like all people using this street Be it on foot or on a bike to also be safe. My understanding is that a great majority of the residents who signed the slow down on drown petition a few years ago, since then many new families some with young children have moved to this street and I think that the majority position has not changed I urge the City Council to revisit this issue, to inform the residents about when the city plans on repairing North Drown Avenue known to be one of Ojai's worst streets and one that hasn't had work done on it in 30 years.
I also wonder if it is possible to do the repair work in stages over time for budgetary reasons. Until that work is done, I urge the City Council to let us know how and when the approved speed humps can be installed. I am very willing to work with the city council, city employees and the community to resolve this important safety issue. Thank you very much.
Thank you, Dorta.
Next we have Elizabeth Silva.
0:45 – 0:5025 turns
Hi, thank you to the mayor and council and staff for allowing us to speak tonight. We're actually here for two reasons, my husband and I. Hi,
I'm the husband David. We always like to talk together. Welcome back everyone. Nice to see you again. And I'd also like before she starts because I'll just observe at this point. Thank you for taking care of the tree issue. I never got back to you much appreciated. Yeah, thank you did not go unrecognized also from other neighbors so thank you.
So tonight we come for two reasons. First, to support the revisiting of the Slow Down Drown campaign which my husband and I were a part of. That campaign unfortunately stalled because the main person Moss moved away But I'm in full support of having it start again. As we've all talked about in the past, our street is probably the worst street in the entire city of Ojai.
It is crowned with huge culverts on either side making it very challenging to walk especially when people are speeding by you. We have more children on our street than ever And the need for those speed humps is immediate. So I would like to encourage the council to bring this back as an agenda item so that we can figure out how to make this happen, please. The second reason we're here is because of the animal keeping ordinance that was started because of a manure gate.
And we would like that again to be added as an agenda item. Because as you know, we had worked very hard to get that animal ordinance created. We're the only city in this county that does not have an animal ordinance. We had one in 2004. It was removed by accident and it needs to be put back as an ordinance for the health and safety of animals as well as the people who live here.
The ordinance was created which I'm very grateful that you all worked on that. It came to a vote And then it was decided that it needed a little bit of tweaking. That was more than a year and a half ago, of course we've had COVID and it's understandable that it got tabled for awhile but I respectfully request that return to council for a vote and that we at least get something on the books even if it's not perfect it's better than nothing and we really do need this thank you
Mayor, can I make a comment? Thank you. Later on this evening when we direct staff for future agenda items, can we go ahead and include that on it?
For sure. Yeah, thank you Randy. Thank You Elizabeth. Thank you David All right moving on to the consent calendar. Mayor Sticks
We also have one public commenter on zoom.
Oh, okay. I'm sorry
It's Wendy Larner Wendy if you're there you can go ahead and speak. If you're muted please unmute yourself and you can go ahead and talk. Wendy Larner if you're there you can go ahead and speak. We can come back to her if you'd like.
OK, thanks. All right, now we'll move on to the consent calendar.
Mayor Sticks, I'd like to pull K for discussion.
OK. Pull K? Anything else?
No.
Move
to approve C through J excluding K and L, mayor.
You just pulled an L?
No, just K.
Just K, OK. Motion to approve everything except K?
Yeah.
Second. OK, maybe the roll call please, Gail?
Here a roll call is not required so it could just be all in favor, all opposed, any
abstentions and then done. OK yeah still in Zoom mode. Thank you.
Madam Mayor, before you
go to
the next item there is one required oral announcement on Item I. The Second Amendment to the City Managers Agreement.
Transparency law that was adopted a couple of years ago requiring both the written document and an oral announcement of the action that has just been taken, which is to approve a proposed 2% cost-of-living adjustment to the city manager's contract to take effect July 1st following the same as all the other city employees. And then a first merit increase of 8% to take effect October 1st 2021 We have two public comments on item
0:50 – 0:553 turns
I'm Jamie Fleming with the Ojai Chamber of Commerce. First, I'm thrilled to even see Kay on here because we've really, really wanted to start looking at ways to increase using our transit opportunities for people when they're visiting here and my being so thrilled is tempered a little bit because I think we're just getting halfway there with this Kay. Two years ago, many of us in this room met here in City Hall many times discussing parking traffic always trying to come up with solutions.
And here we are two years later and we have one of the best tools and solutions I've seen a long time for us. A tool where people can get on and off, and actually get up and down Ojai Avenue. So I don't have to sell you on that because I know you're already excited about that. What I'm here to talk about is I like to see us besides just the hotel guests. I'd like to see everybody who's downtown to be able to get on this for free.
Then I think it is going to be a real tool that will be used Not everyone has cash in their pockets, not everyone is always going to jump on a trolley. But I think if they realize this is a good simple way to not get back in their car and go a little further down Hawaii Avenue to go to a restaurant or a store. And I just think this is a tool that we need to just take a little more look at for these four months. This is a trial that we're just doing for four months. So let's see how this works where we might encourage people when they're visiting to say hey Let's not get in the car and go one quarter mile then get in and come back and park and you know try And enjoy their day, you know high on Saturdays. And again, this is only one day a week Saturdays and so that's all I'm asking the council to consider that I Love where it is But I wish we'd go just one step further for these four months and really try this out and see how we do With it being free
Thank You Jamie next is Cindy Convery
I know it was just here, but this is a different comment. About item K, you know and I might not have all the details. I read the agenda back end of it, but you know as looking at the current proposal, I talked to Randy about it this morning and asking the five hotels to each pay $300 seemed kind of an odd business plan when you've got the Rancho Inn with 17 rooms in the Ojai Valley Inn with 306 rooms So I thought that it's much easier to ask for more because if you give people, if you ask people for less and then try to get more they're going to say no. You know businesses so I was going to suggest that you charge per room rather than a monthly rate. For instance if the Rancho Inn was 17 rooms paid $15 a room they'd be paying $250 a month The Ojai Valley Inn would be paying about $4,500 a month which is certainly doable for the Ojai Valley Inn.
With five hotels it would give the City of Ojai an average of $6,500 bucks a month to support the trolley which is great you know you can do maintenance you can have somebody on the trolley To make sure that you know the right people. I've just had a comment that homeless people are on the trolley, I don't know from my own experience but you could have some monitoring about that and you could do it a lot better maintenance with an extra $6500 a month So you know the idea is that Ojai, the budget is challenged as we all know and it needs to be run as a business. The city's a business and we have assets and those assets need to be monetized. And when you've got at Ojai Valley Inn that LA Parent Magazine named as one of the top hotels for young families little kids are going to really like riding the trolley from the inn to town parents don't have to park You could reenact the Santa on the trolley, like in the 90s in December.
Santa used to be on the trolley and you could do hotel themes. I mean it's a pretty great marketing item for them, I think at a very inexpensive cost. So I just wanted to make those suggestions to you rather than pass K in its current iteration, you know, to revisit it. Thank you, Cindy. We have two Zoom speakers for this? The first Zoom speaker on item
0:55 – 1:0121 turns
On the consent calendar actually is Wendy Lerner. Wendy, if you're there, if you can unmute yourself, you can go ahead and speak.
I am here. Since it was already approved, I'm not sure what benefit this will be but the declaration of emergency allows for normally unconstitutional emergency powers to be held in the hands of government With that in mind, I'd like to give you the
definition of
emergency. This is a general comment?
No this is a comment on one of the agenda items that was, it's number A, I
think.
E, I'm sorry about continuing the local emergency.
My recommendation, Madam Mayor and Council would be to finish the deliberation on item K then take the comment from Ms. Lerner on item E. Of course it was approved. The members of the public don't get a chance to pull items but they still are allowed to have a comment on them so I think I would suggest to Ms. Lerner that you hold your comment for a moment until the council can finish item K then the council will take your comment on item E.
Certainly.
Thank you. Thank you mayor.
Okay thank you Matt.
And we also have Bill Miley. I'll bring him in. For K. Do you have anywhere else on K? The way we have it set up, they can just mark if they want to speak on consent. They don't have the specifics. Thank you. I'll bring him in. Mr. Miley, if you're there, you can go ahead and unmute yourself and you can go ahead and speak. There you are.
Hi there. I've unmuted. I've lived in Ojai a long time. I have several comments about consent items. Consent on F, which is the Ventura County Transportation Commission. It's really important. What?
Mr. Miley, this is Matt Summers, City Attorney. I would recommend the same as to you as to Ms. Lerner. If you have comments on item K, provide those now. If you have comments on the other items, hold those for a moment and then let the council finish deliberation on item K and then take those further items, those further comments. Good
point. I like the idea. It's a great idea in the chamber is a key part of it again. I'm really impressed with that but I do have two suggestions. The guest- Mr. Miley- Who's interrupting me? Is somebody interrupting me? Okay, I have two suggestions. I think when the guest gets on the trolley there might be a value of having a little map to show where you're going and also to show where the greater trolley system is going. There also might be an idea during the summer hot months to have a bottle of water with a label that says keep hydrated as you visit our unique valley offered by The Chamber with a logo and Ojai City with a logo And it would say, we care about your health in this lovely environment. But we know it gets hot, but it's manageable.
Thank you.
No plastic bottles.
Thank you Mr. Miley. And any more? Nope that's it for all consent. OK great. All right thank you. OK
Bill? I think it's obvious that if we want to maximize use of this service to see how many people, how many guests and residents we can get out of cars and into transit. The best way to do that is not to collect fares. It's not so much the money from the fare, it's the trouble of getting the fare. And if we really want to maximize this I think we ought to in principle find a way to do it without charging fare. The way it's structured right now, the hotels have offered $300 a month from five hotels is $1,500 a month If the city decided to step up, that'd be $1,328 a month if my math is right, which is 5,312 for four months to try this out and see how many people could be diverted.
Or, if the hotels would step up along with Cindy Covrey's suggestion and cover it. I think that would be fantastic as well. My point is, is I would like to approve this with the understanding that the city manager works with whatever parties are involved to try to get this done with no fair collection for four months. That's what I'd like to do, is to make that in the form of a motion.
Well, I'll second it to continue the discussion, Mayor. But I just wanted to clarify some things. The reason that the hotels were paying the fee is when the trolley pulled up to the hotel that they did not collect a fee. So there's no exchange of monies when the trolley approaches this site. That's what that's the impression I was under. Getting back to Ms. Conway's idea of what's equitable It actually does sound more equitable if someone who has more hotels is going to pay more than someone who has fewer rooms. That makes sense altogether.
But seeing how it's a trial, I don't know what it's costing us per Saturday to do this. $2,828 a month
minus 1,500 from the- So $700 a Saturday? Yeah. 700 a Saturday if we kept the collection as
is, correct?
1:01 – 1:0622 turns
Okay, because I'd be willing to say if we're going to try this that we just that we swallow the pill and that we actually do it. We provide the service because we're servicing our community by removing people from driving their own automobiles. From the end into town. Just makes sense just sound like good public policy. The other thing is, is once we have the electric tall trolley it just seems like that's going to be even more beneficial as actually you're marking that vehicle to provide that service and more often than just on Saturdays. So again, I think it's a good startup program.
I think it's something I'm sure we could address in the budget if we wanted to do it for four months and figure out what it's going to cost us and look at how we could fund it. That's where I'd
like to move it too. Yeah, that was my motion. We find a way to make it a no fair trial.
Sousa, Ryan?
Well you know I agree. The only thing I'd say is sometimes free makes it less interesting in a weird way. I want the hotels to be marketing it to their guests and if they have a little skin in the game they might do that a little bit more like it's an incentive they have that other parties don't because everybody else would have to pay but If we just want to get as many people on there at first, I don't think we can keep it free forever but I do think it's equitable. It makes no sense that especially knowing one operator has three hotels they'd be paying $900 for their hotels and it's not even the same amount as the inn. That doesn't seem very fair.
I think that there is an equitable way to do it. If we could take some of that money and create the literature to help them market it at their front counter, that might be a good help too. Staying in a hotel in Ojai you get to ride on the trolley for free? That seems like it's kind of neat. And then you have your card, if you get picked up there they don't even bother but if you're coming back you show your room key. It seems like a pretty cool idea.
And it sure seems like something that feels like its value added to your stay so you'd want to use it and if there's a little bit of money in it but they know it's coming back to some marketing materials that would make sense. But if we wanted to start it for free, I wouldn't have a problem with that in the trial run to see how it was. That's my motion just to trial.
Yeah. Susan? About a couple of years ago, I remember when we discussed funding the trolley, I proposed that we have passes. I myself am often walking through town with two little kids. I can't even imagine trying to fish the right change out. If I had a pass and lot of local because you really have to look at it, there's the tourists that's a different category they could be free, they could get their pass from the hotel whatever but I think there's plenty of local residents who just want to support the trolley. They would buy a year long pass and be done with it They could use it a few times a year, every day whatever. But that way they have an opportunity to support the prolly and that pass would be good both for the Saturday trolley and the regular trolley.
So when we discuss this more in depth I would like to propose the year long pass system. Or however long we want to make it.
Thank you, Susan. I think it's a great idea so and also want to thank Jamie and Bianca for really spearheading this project It's gonna be really exciting And also I do Cindy's idea of seems equitable to me just seems strange that a small hotel would you know pay the same price as a big hotel? So
That could work out, that's great.
That's within the flexibility of my motion. So do we want to put a two-month period on this trial rather than the four month and then have it come back as an evaluation? And then make that determination if we do want to charge what's equitable and how do we go about that?
Sounds good.
Yeah, let's do four.
Well, you're talking $8,000.
That's a lot of money. It's just four.
That's all
I'm looking at. We don't want people to get- if we're going to charge people, we'd only get too comfortable with it. I mean, I don't know what we're going to do. But I mean, it's a five minute item. I don't think it's a big deal if we bring back in two months. OK, two months so they can
get it passed and go
on? Because if we can do something that makes the rest of the four months better, let's keep it in flux so we can dial it in exactly and get a report back from whoever is in charge
of that. I accept the amendment if we get it passed. Thank you.
Thank you very much. All right,
we'll move on to the public hearing
Madam Mayor, before we move on from consent now would be appropriate to take the two commenters Mr. Miley and Ms. Lerner.
What would I do without you?
Thank You Gail
1:06 – 1:125 turns
Okay, I will bring in Wendy Larner again. And also she had a signed up for public communications and there was some technical issue on her end so Wendy if you're there you can go ahead and speak if you're muted please unmute yourself and you can go ahead. Thank you
thanks for letting me speak The Declaration of Emergency allows for normally unconstitutional emergency powers to be held in the hands of government. With that in mind, I'd like to give you the definition of emergency an unforeseen combination of circumstances or the resulting state that calls for immediate action or an urgent need for assistance or relief The COVID-19 pandemic is no longer unforeseen. We have been dealing with it for 18 months and the need for a Director of Emergency Services to take immediate action is long over in the event, it should at some later date be proven we have another emergency situation then it could be addressed at that time. The protection and safety of persons and property can be put back into the hands of the free people of Ojai, and their civil rights can be returned to them.
In fact it's long overdue. As stressful and perhaps heady as emergency powers are, it is vitally important to relieve public officials of this unnecessary and unwarranted responsibility as soon as possible The qualifiers in the resolutions proposed, like if fully manifested in quote where in the COVID-19 pandemic, if fully manifested and or are likely to be in the phrase quote poses extreme peril to the health and safety of persons and property within the city. And our or are likely to be beyond the control and capacity of the services, et cetera, of the city are telling. COVID is not now fully manifested, or is it likely to be beyond our control and capacity to handle our lives and businesses now? And for the city to handle theirs. To continue this state of emergency constitutes a prospect of tyranny, wherein our freedom is never restored.
It is always possible that an emergency may manifest itself and that it could result in likelihoods but that is not how and when the emergency powers are to be employed. Please terminate the declaration of emergency." And I might add that I didn't come tonight because it said we had to wear masks but I see that wasn't a requirement Thank you for allowing me to speak.
Thank you, Wendy.
Oops. I need to figure out the screen one moment. There we go. Next is Mr. Miley. Mr. Miley, go ahead and you can speak.
Hello. I'd like to just make a comment about the emergency issue from a public health point of view, which is my view. I liked the way our city manager handled the pandemic emergency for the City of Ojai. Okay item now. It has to do with the Ventura County Transportation Commission, which I know some things about but I'm guessing few residents know. So I would suggest that the mayor ask the city manager sometime soon to clarify what the Ventura County Commission is all about and how we benefit from that.
Specifically, we applied in February or on February 5th. We received a notification from the Ventura County Transportation Commission that we had asked for and we received a $1.6 million grant to cover ATP costs for bicycle and pedestrian improvements which I thought is really great. Item G, which is our investment policy. The whole thing comes down to green is good and I like the way it's going.
Consent H is a personnel issue, position changes, COLA adjustments, hourly changes 36 to 40 hours. I liked that full-time public works inspector. I liked that. The new confidential management position. I liked that I think it's really important. And on the COLA percent of 2%, I think there may have been a mistake in the administrative memo. It indicated that the COLA was 3.9% for last year, Social Security Administration says it was 1.3%.
Thank you, Mr Mayor. I hereby announce the consent. I city manager compensation. I applaud the City Council's decision to provide a merit increase for James Vega or city manager. But I also would like to recognize the decision by former city manager Steve McClary who hired James about four plus years ago. He came from
1:12 – 1:1711 turns
Thank you, Mr. Miley. We have one? Okay that's it. All right now moving on to public hearing number two. Yeah nice job James. Accessory dwelling units.
That was great timing Mr. Miley your checks in the mail And real quick, it's funny the time is getting away from us but I did want to note again we talked with other cities and everybody was like well it's COVID you know one or two people will show up to your meetings. And I said not in Ojai and standing room only again so thank you everybody for coming to this historic meeting at this point.
The item before the City Council for the public hearing is the accessory dwelling unit second unit program. On February 23rd, we actually discussed this program and staff provided a report on the number of units that have been finaled and legalized through our accessory dwelling unit second unit compliance program. Just as a brief reminder, this is the program that allows previously constructed second units to become legal through the city, which has a lot of benefits. One of them being it adds affordable units to the city's housing stock and so we had provided our report on February 23rd and that report talked about how up till now we've had 74 units legalized. We had some additional that were being reviewed But the current program only allowed units to become legal if those units existed before July 28th, 2015.
And so at that time the City Council reviewed that program and extended it and asked staff to look at and prepare an ordinance to potentially extend that window where units that were built after July 28th 2015 can still go through the program and become legalized. So the item before City Council tonight for a public hearing, it's a public hearing because it's required because it's to change to the zoning code. But the ordinance before the City Council tonight does that. It proposes modifying the date from June 23rd, 2015 to January 1st, 2021 which means anybody who had a second unit built between those two dates, 2015 and 2021 could now apply for and go through the Second Unit Compliance Program.
And again, I mentioned earlier the benefits. It adds to housing stock which is something that's in demand. I think everybody knows in Ojai right now it's very in demand so with that we've prepared the ordinance. It is included and we recommend that the City Council open the public hearing and introduce the ordinance.
Thank you James. Okay questions from council?
Are there any speaker cards? Then I would move to make a motion that we approve the recommendation by staff to introduce an ordinance amending Section 10-2, 1709 Accessory Dwelling Units of Title X Planning and zoning regarding the accessory dwelling unit, second unit compliance program modifying the date from June 23rd 2015 to January 1st 2021 by which an ADU must have and be extent to be eligible for the compliance program.
I'll second. Great, OK. I advocated for that.
So come on Ryan, vote now. Yep. OK. May we have a vote please?
Roll-call vote Passed 4–0 · 1 under review
Show transcript
Great. Go ADUs, huh? Legalize it. All right. Next we have the budget number three. Oh, thank you. James, do you want to take it away?
Yes.
Thank you. Yes, I have a brief presentation that I will be pulling up here in a second. Give me one second.
The dog sounds healthy.
That's the young one. The patient is sleeping, the one who had surgery is asleep.
1:17 – 1:331 turns
OK. It'll take five seconds here. We're changing technologies in mid-meeting. I'm going to share my screen. As you can see, I have multiple pop-ups go on so we'll try to get that done. So tonight, we have our budget adoption is what we have scheduled. It's a public hearing for budget adoption. And we have had multiple budget hearings. So let me see if this slideshow.
OK. Okay, so just to kind of go over how we got to tonight. We started this budget process with the Finance and Budget Committee meeting back in April. At that time, things had just started to reopen and so we prepared a fairly conservative budget which we've talked about. We've held three workshops now where we have worked through that. We've updated some of the forecast based on how the reopening is going which so far I would say is we're optimistic with how it's going at this point.
And so tonight is the fourth budget review and its proposed adoption Just to set the stage, typically when we budget we talk about how much it will cost next year because costs always go up. To keep providing the same level of service in the current year. This year, in many ways it was not a typical year. This year we had made so many reductions in fiscal year 2021 that we had to look at next year and kind of look at what do we need to do to start revamping and reopening?
And so it's a little bit different this year and that'll be reflected in some of the numbers we go through, but just a little bit different philosophy. So we had looked at what do we need to get kind of regoing moving forward again? And so that's reflected when we look at the revenues and expenditures Back in prior to COVID, which is the first column on the right. Our city's budget was approximately $11 million.
This year our projections are that we will end the year at about 8.8 million dollars so a pretty substantial decrease of almost 2.2 million dollars and Again, this year we had to make reductions to balance that which is also reflected on the chart. Our expenditures this year, we were able to make substantial reductions so we were able to balance it with our expenditures at about $8.89 million as well.
But next year, as we anticipate revenues increasing back to a more normalized level of $10.2 million, we are starting to revamp or reopen things like our recreation programming and things like that so that our expenditures are projected to go back to a more normal level as well about $10,800,000 which was what our expenditures were prior to COVID as well. One point to note on this graphic is that the revenue, there's two rows for revenue. One is just regular revenue. The other includes any COVID or emergency funding. So for this year we were actually able to reduce our expenses enough that we pretty much Look to end the year pretty balanced, and then COVID funding will actually help us to start rebuild the reserve which we had relied on so heavily during COVID.
Next year as we start to staff up and because we were fairly conservative, the table shows that the COVID funding is included in that $10.8 million revenue which will help us balance the budget next year. I think as we've moved through this budget process over the last couple months, I think we're feeling pretty confident that we're seeing revenues higher than our conservative projections so that could It could actually end up being better than we're forecasting, but we also need to be cognizant and careful with the fact that we don't know what's going to happen next. And we don't know if there is potentially further impacts from COVID.
So with that, so our proposed budget next year is $10.2 million in revenue with after emergency funding it's about 10.85 million dollars and then likewise about 10.85 million dollars in expenditures for an essentially balanced budget Just some basic assumptions we made to develop that budget and to explain what those forecasts are based on. We had projected a slight 2% increase in property tax, which is slightly lower than the county's projection of 4%.
And as we mentioned at the first budget hearing, we projected that because it was anticipated that there would be people Several people who did not pay property tax, that hasn't borne out this year. Every payment we've received has exceeded that projection but that was why we projected a modest 2% increase. Hotel tax, we projected an increase from prior year.
This current year hotel taxes dropped from $3.7 million to $2.6 million We're projecting it'll increase to about $2.8 million next year. I think that a lot of people, I've gotten a lot of feedback from people and know that everybody's ready to travel and the people feel like the hotels are going to be too capacity but it's important to note that we've stayed in contact with several hotels and they're planning to operate with reduced capacity even at this point just because of some of the challenges with operating I think we will see them selling out, but they won't be opening as many rooms. We still project a reduction there compared to a normal year.
Sales tax, similarly it's typically about 1.75 million. It dropped to 1.3 million this year. We're projecting that it'll go back to the more normal $1.75 million level, and then the revenues also include the COVID funding as well as the general plan and housing element grants that we have received. Those account for a fairly large chunk of revenue about $800,000.
For expenditures, what did we base our expenditure projections on? We based them on the following service levels. One is filling vacant positions. I think most people are aware we maintained a lot of vacancies to try to balance our budget over the last year. We had at one point double digit vacancies for a small city of about 28 full-time employees. That was a pretty significant drop in service level, but we've started to fill those and this budget proposes filling all of the vacant positions to start to ramp back up.
For CIP, the budget proposes or assumes that we will have $1.3 million in Measure C funds which will allow us to leverage that into a $3.9 million capital improvement plan We've gone through the capital improvement plan and the Measure C projects over the last couple meetings, and we'll touch on those briefly here. But again, these years are showing how critical Measure C will be to make sure... Before Measure C, we would have just deferred things and deferred maintenance but now we're able to actually keep those moving forward. We're still gonna pave, we're still gonna do some of those key projects on a year we normally wouldn't have been able to.
For police costs, we included a projected 5% increase. That's based on the estimate that we've received from the Sheriff's Department. We also included in the budget resuming our prepayment of retiree medical costs and that's still something I think that Ojai was one of the first cities in the county to do and we're trying to continue To prepay those costs because those are getting out of control for many cities, but we've managed to keep kind of chipping away at it and making good progress.
We had stopped for one year last year during COVID, but we're including it in the budget for next year. Then it includes community support funding. There's currently three groups, and then we always include the Arts Commission in here because we provide grant funding for local artists through the Arts Commission. The four groups are the Chamber of Commerce is currently included in the budget based on the last council meeting at $102,000. The Ojai Valley Museums included in the budget based on the last council meeting for $50,000 The Fire Safe Council is also included for $50,000. Then the Arts Commission is included in the budget with $32,840. Then last one of the measures we implemented two years ago for the first time and it came in critically this year to balance the budget was we created that contingency fund and we're proposing including that contingency fund at the $200,000 level this year.
So as I mentioned before, I won't go through it completely because we've gone through it the last couple weeks. The budget does anticipate a $3.9 million capital improvement project budget with the majority of the funding coming from Measure C. That includes $1.8 million in street paving and road improvements 1.2 million in the category that was identified as climate mitigation, I know we've talked about changing some of those categories in the future but it includes things like solar panels on city facilities and things like that. $428,500 in parks improvements including the basketball and futsal court at Sarzotti Park which will be a big project.
And then it includes about $200,000 in some city facility improvements. Trolley stops that we're adding at a couple of locations and then some funding for a broadband master plan. And then there's an extra number there. I think it's 200,000 and 230,000 split among those categories and it's in detail in the staff report. And we anticipate collecting $1.39 million in Measure C funding, which is the 5% hotel tax increase. That's a new tax from March 2020 that this will be like the first full regular year where we collect that funding.
to a normal level. There's about $750,000 that have been built up for us to start paving this September after we collect the $1.39 million and we do this year's CIP projects. We anticipate that will end next year at around that same level about $800,000 in the fund So again, that funding is critical to allowing us to continue to catch up on street paving which I know the statistic we gave a couple years ago was that essentially paving lasts about 15 years and it was taking us 30 years to pave everybody's streets.
With Measure C, we're trying to get those two where those numbers match up and it's 15 years to pave people's streets and it'll last 15 years. We're taking the first step towards that this year. Just in a little more detail, that $1.3 million in Measure C funding, 635,000 is going to paving, 265,000 is for the electric trolley and the cart which is also going to include some grant funding.
120,000 will be for tree maintenance. 90,000 for enhanced code compliance which ties in with our MyOhi app and trying to just enhance our whole code compliance program. 83,000 for city facility improvements, 80,000 for that broadband plan I mentioned earlier. 63,000 of Measure C will go towards the basketball courts that I mentioned earlier at Sarzotti. $42,000 will go towards the Stewart Canyon project and then a couple of small miscellaneous things.
So we've gone through those in detail the last few weeks, so we are going fairly high level this week. But essentially as I mentioned earlier, we're proposing a balanced budget that ends up with a projected $1,996 surplus and that item is here before council for a public hearing So we recommend that City Council open and hold the public hearing, complete the budget review, give any feedback on community organization funding, and then adopt the budget.
1:33 – 1:3935 turns
Thank you James. Questions? Are we going
to have public hearing first?
Yes.
Which I'm just asking.
Public hearing.
It's up to the mayor, but typically would the order be questions, public hearing, council comments, adoption as the
vote may fall. A couple quick questions. Any update with the I believe the League of California Cities was really pushing the legislation to not have the sales taxes just go to warehouse hubs, to have it be the point of origin rather for the sale rather than a warehouse. Is there any update on the status of that legislation?
No update yet that I've received, but the city of Ojai submitted a letter of support to support keeping the funding the way it is and not having it go to the warehouse hubs. Basically
as a pro-industrial
retail
measure
which we think people in California would be against. And every city in the county except for Oxnard because they have the large Amazon hub. Every other city in Ventura County joined us and joined that letter of support.
Do we have any feedback from our legislative representatives on this where they are, where they stand?
No but we'll reach out to them.
Just asking yeah a couple of things to point out one is that I assume this police the police sheriff projection Assumes no change in the no-contract billing that we are currently engaged in. We have a no-contract billing practice going on for the last 40 years, well 35 years. So no offense chief but this is not a matter that affects you in any way. So I assume that's assuming that they would be billing without a contract again. And that's going to be an issue we're going to have to bring up.
Yes, so what's projected in the budget is based on the existing practice. But as I think the public's aware, we have requested an update to that contract.
Basically, we feel we're paying 40% of overhead and with 25% of the population in the service area. Right. And then the other thing is that the street paving When that'll come to us for specific design, like if we want to look at issues including the multimodal design aspects in the paving program. It will be up to council to decide that.
Yep. I think we have it tentatively scheduled for September.
OK. Thank you. Those are my questions.
Anybody else? I have a question, James. So ideally, we have 30% to 40% of reserves for emergencies, right? And that has been the case in the past?
Yes, and actually so we've had 30% in the past by City Council policy. We have a reserve policy that we have to strive for 50%.
Okay right now we're at?
Right this minute I would estimate we are about 20%.
I have
a
question.
If we funded everything, if we approve what is currently before us how long do you anticipate we would build up the percentage of 30% reserves?
Yes, so how long would it take us to reach back to 30%? Is that was that the question?
Yeah. So this proposed budget
It's a it's a little tricky so the proposed budget for this coming year is balanced, which means I think what was it 1000 $1,996. That's what would go back to the reserve, so you know that was that would be point 1% of rebuilding that 30% reserve. Now, the positive is that we did a pretty good job of balancing our budget this year during the pandemic. And we have pretty much balanced it and we haven't received the first payment of COVID funding yet which we anticipate to be about $650,000. So when we received that payment Obviously, it would come back to council but our recommendation is going to be to immediately put that back to the reserve which would put us from about 20% to about 27%. That would be within the next few weeks is what we'd anticipate.
Probably at the next scheduled council meeting. But so we'd be at 27%, but next year's budget doesn't propose building on that. Next year's budget is the budget where we try to get all of our employees back and get all the programs going without, you know, it's kind of the catch-up year without going further back into the hole, but also not starting to rebuild that reserve any further.
Randy?
Mayor, also just the forecasting of 4% versus 2% on the property tax. So in other words any additional funds that come into the city It could be earmarked by council to go back into the reserve automatically. There's going to be additional funding if the economy picks up the way people are projecting. Again, if we reach that 27% and then we can allocate any additional monies that come into the city to be earmarked for reserve, we could be back at 30% sooner than we think I believe.
Assuming nothing happens. That's
why we're being careful.
You're right. Any other questions? Nope. Okay, time for public comment. Robin Gerber?
1:39 – 1:457 turns
My question is for smaller items like the speed bumps that people have asked for, it isn't necessary for those to be extra benches. It's not like we can't make small purchases down the road correct?
Correct. And we're actually, we are trying to formalize myself working with the finance director who's done an amazing job on this, Pam Greer. We are also trying to formalize a budget adjustment process which our city has never had which would then allow us to bring an item back to council and inform the council that we're adjusting from this fund to this fund And so and then get the approval from the council to do that. So this year we're planning to have that process So if the City Council identified things that are not in the budget We would then come back and say here's what we're going to remove or convert over to this, you know this project
Okay now we have Robin Gerber hi Robin
Sorry Madam Mayor, members of the City Council welcome back. I'm Robin Gerber I live on Taormina here in Ojai. I want to speak about the community funding section on the budget particularly about the Chamber of Commerce. Most cities don't fund Chambers of Commerce at all. For a number of years, I've been talking to various members of the council and former mayors about having an economic development director. And especially now that we have such a competent smart and terrific city manager who could oversee such a person, I think that would be terrific. Instead you're giving $102,000 to a private organization That won't even make the budget public.
Now I know that because when the TOT tax was being changed, I went and asked for the budget at the chamber and they wouldn't give it to me. They said it was private. And evidently it's still private but you know what isn't private? The $102,000 that is my money and your money and everyone watching who are taxpayers. And frankly I'm very surprised because I know that members of this council are very fiscally responsible and concerned and I'm kind of shocked that you would give this money to an organization that isn't showing you a detailed budget I love our local businesses and I actually don't know Jamie Fleming. I'm sure he's a good guy, but this is not the way to deal with our public money so I'm asking that you take a look at this Really, I can't believe and yes.
I'm looking at you Councilman Haney that you would approve a budget That you would approve this money without having more details the work summary in The documents is just a laundry list of items Have you really looked at it because no one person could do it and the MOU James does it have? Detailed deliverables it doesn't this is pretty shabby So I hope you'll look at it. I hope you'll amend it, and you know what? How about taking 12,000 out of that and giving it to the trolley because if you really want to help the businesses they will absolutely help the businesses. You're right about that so that's why I wanted to bring up. I really hope you'll have a discussion about this because I'm a little shocked and disappointed thanks
Thank You Robin next we have Brian Akins
First off, James after preparing budgets and presenting budgets over most of my active career hats off to you. Great job. And I got a preview of Bill Miley's words that he'll share but they were complimentary and I agree with that on the process that took place. My name is Brian Akins. I stand before you as the president of the Ojai Valley Museum and a 12-plus year board member.
Thank you for your vote on June 8th, 5 to 0 supporting the $50,000 funding we requested. We heard you that night in that vote. Mayor I've communicated with Chumash Tribal Elder Julie Tumamite who I'm told has spoken with you since that night It appears we are all happy with Julie's hopes to free up more of her important time to focus on the Ojai Valley, including working closely with the Ojai Valley Museum as she has for a long, long time.
At her request and my happy agreement, Julie is on the agenda for our July 28th Board of Trustees meeting and that is just a start. She has already expressed to us projects she would like to resume and to start anew. We look forward to it. To me, Julie is a valued museum family member for whom we hold total respect. As for Councilwoman Francina, I'm sorry I was unable to merge our schedules to talk directly but I was in contact with one of our board members Jonathan Katz and learned from him concerns that she shared with him. I hope he relayed the important steps our development committee has begun in listening to our community, be they recent arrivals or longtime friends.
On this we will continue. We the museum board as well as our executive director Wendy Barker are always available to communicate and looking for ideas in encouraging positive progression. Again, thank you for your support on June 8th. We hope you will once again vote tonight in support of the Ojai Valley Museum's needed City of Ojai support. We do feel the museum is the City of Ojai's museum and that we enjoy the partnership that we have in working together for this fabulous community that we're a part of. Thank you all very much.
Thank you Brian. Next we have Bob Kemper
1:45 – 1:519 turns
Yes, hi my name is Bob Kemper and thank you Councilman and Mayor Sticks. I actually wasn't sure if I was going to speak this evening but after hearing the comments about the Chamber of Commerce I felt it was appropriate Excuse me, I haven't been at this podium for gosh probably six years or something. I was on the chamber board for about seven years and president for a couple of years and then for medical reasons plus I think they were getting tired of me.
I left for a few years. I recently rejoined the board of the chamber and the reason I did that was that My personal experience is that the Chamber has done incredible things for this community and continues to. I think back about the old T-BID where the Chamber was running in the Tourist Bureau, a very effective operation that resulted in a significant increase in tourism in the Ojai Valley. And I realize that's sometimes a contentious issue but we all recognize the importance of TOT and the city budget Over the last couple years, as I've seen the transition of the chamber, the transition of the membership. Newer younger members new stores very active constituents a lot of work being done by the CEO Jamie as well as the board members in terms of Supporting the community, the BRGs as an example over the years have resulted in thousands of referrals inside to local Ojai businesses.
Millions of dollars in revenue for the city. Not directly for the city, but for the businesses of the city. So I thought it important just to remind the council about how important this public-private sector arrangement is, how much it benefits the community and how it's kind of a model, I think, of how the public and the private sector can work together to effectively help improve the community.
I understand that some people are not fans of the chamber, but I think James and you and I haven't talked about this. But for what I understand the interactions and the work product of the chamber has been pretty substantial. Particularly during the COVID years. So obviously I'm going to speak in support of the funding, and I appreciate that it's in the budget. It's essential for the continued viability of the chamber and its community and its members.
I think that if there are discussions about reducing that budget those should be tabled and talked about for a future year. to give the chamber time to transition. Thank you.
Thank you, Bob. I will open up for discussion. Is that it, Gail?
We have one Zoom speaker too. OK. Thank you. It's Mr. Miley. I'll go ahead and bring him in. Mr. Miley, if you're there, you can go ahead and speak.
All right. I am here, Bill Miley. So regarding the final draft budget, I want to say well done And our finance director, Pamela Greer should get a lot of compliments for what she did with our city manager. I'm very impressed with the character of this budget presentation and the analytical comments on specific budget items. That was a lot of work. An example of extra benefits mentioned is in measure C.
I was impressed with the levering up of $1.6 million in revenues, and this is going to capital improvements, to get a total at $3.9 million where the 1.6 was used as matching funds for grants. That was really nice. And also, I was very pleased to see the budget category adjustment to offset the small draft budget deficit and also to fund a community request. I want to say yay!
Now, I understand that chamber funding is a continuation of what was done this present year It's a continuation of that. And as I see it, it's focused funding and especially with the kind of chamber leadership we have now. And I definitely support that. Thank you.
Thank you Mr. Miley. That's it Gail? Okay discussion? You are now. Sousa? You're on mute, Susan.
It's the little dog that keeps barking when people walk by. The other one is asleep. OK? She's in a coma, I think. In a good coma. So James, do you happen to know if we've always used taxpayer money to fund the chamber? Has this always been the tradition or the public-private enterprise
I believe this is the third year of the partnership with the city funding the chamber. I understand that at some point with the T-BID, I think there was a different arrangement but I don't have specifics on that so this is the third year of this form of partnership.
And it started out at 40,000 I think you said?
Yeah the first year. So we sent the agreement around to City Council and the first-year agreement was for $40,000 yes.
1:51 – 2:0212 turns
You know, I've become more aware that there are many cities that do not use taxpayer money to fund the chamber. And I didn't realize that at the last meeting, I did some research in the last few days and some chambers voluntarily stopped using taxpayer money because it is a controversial topic in many cities. But I personally have come to feel Jamie is really does, especially during the COVID.
It just doesn't feel like the right time to stop the funding but what I would like if I do end up... I wanna hear what the other council members have to say but if I do vote to continue to fund this chamber, I think it's with the understanding that the chamber starts planning This is not indefinite, this kind of support. That's my thinking at the moment and maybe at a future time we can just discuss that narrow down and discuss that item. And I need to do some more research and discuss with Jamie but it just feels like because we've come through such a difficult year, it just feels kind of abrupt to pull the rug out is my thinking at the moment.
Randy?
So first of all, I'd like to thank Robin for the eye-to-eye contact. Robin, thank you for your comments. They're well taken and they were well spoken. I asked for the past contract to be forwarded to all the council members so that we understood that what we're doing with the chamber is supporting them on a year-to year basis And our agreement is that we'll provide you some form of monies, and that you in turn will provide us with some form of services.
The determination as to whether those services are efficient or not efficient generally lies between the city manager and the chamber president. So I can't necessarily respond 100% to Robin, your concerns. But I do know that when I watched what Jamie did for the business community during COVID and what the chamber went through regarding a reduction in the fees where everyone was being felt with the reduction of fees in every aspect of our life here at Ojai They pulled through, they supported us. They supported the local businesses. They did everything that they possibly could to better the community during this last past year but I need to be clear on the fact that this is a year-to-year contract And that there's no guarantee that council is going to come back next year and provide $100,000.
It will be the same thing to me. Provide a contract. Council will discuss what we would like in that contract as far as services and then see what those services are valued at. And that's what we've done for the past three years. So I think it's a win for the community, obviously a win for the chamber. Can the chamber do more to be more self-sustaining? Yes, I agree they can and I agree they should but that's up to the chamber and the chamber board and the chamber members to actually get together and figure that out.
But yeah, should they be self-sustaining? I agree 100% they should be.
I don't mean to be a buzz kill. I really believe in fiscal responsibility and the words you use, cognizant and careful James are really key. And we've just come out of pandemic, an emergency situation. We almost went broke at one point. Luckily things shifted right at the right moment for us. You know, we're down 2.2 million. We have 20% in reserves. Our goal is to have up to 50%, correct? And just to quote the legislative platform from 2021, the city supports initiatives that promote local fiscal stability, financial independence and preserves the city's revenue base.
And we all made a commitment to do that. I think that's just good finance I can't, you know we're a non-profit and so we're coming out of a really hard time. We've lost so much money and I just can't in good conscious say if we can give money away to nonprofits when we're on nonprofit and what you know we're so reduced. So I really feel like we need to put that money in the bank because who knows what's going to happen?
A second wave of COVID. I don't mean to be a downer, we could have an earthquake and we need to have that money in there. And just following the footsteps of Sue Horgan and Johnny Johnston really being cognizant and fiscally responsible. And moving forward, I mean looking at how things are evolving in the world. Yes economic directors seem to be the way that things are moving you know and so of course that person is accountable and works for you.
So that's where I stand. Randy?
I wouldn't disagree with those comments. You know, I'm 100% behind those. I just think that we're in some extreme times and that we've made some different choices but I wouldn't disagree with anything you just said. $1.8 million in the CIP funds for street improvements and I know that Councilman Weirich talked about bringing that back to council and we could actually scrutinize where those monies are going to be. The design, but also as important is where they're going to be spent right? And i would like to at that point in time to figure out how we can take forty thousand dollars out of that near market for The bumpers on Drowned, the speed bumps. So again so that the citizens aren't necessarily paying for something or the citizens on Drowned Street aren't paying specifically for a safety issue that concerns all of us in the community and I believe the general discussion on that was that we were going to do a trial on that street and incorporate some type of movable speed bump so that if they worked, we might be able to relocate them.
I live on Pleasant, so obviously I'm on Drown every day. As far as the road conditions, they are horrific. And again, we have asked our past public works director to give us an assessment of that street. And all's we ever get is, oh it's just going to be a lot of money. Well I would like to see that we actually do an assessment on that street and get a true cost as to putting curbs in.
look at sidewalks, although I'm not necessarily sure that's what that community would like. But we've got to get rid of the ruts. We've got to get rid of the collapsed pipes that people have put across their driveways to move water from side-to-side. There are just some things that we need to do completely on that street. So again if we can earmark when we reach that point of funding those speed bumps in-house Out of the CIP money, out of the $1.840,850, I think we can.
So I don't know if we need to talk about that now or how we want to do that now or if we do it later. But I think we can address that issue.
Yeah.
And we could
bring that back with a paving plan. I think that is the appropriate time and place to look at it. Thank you.
Bill?
Thank you, Mayor. I wanted to come back to the issue that Robin Gerber raised. I'll probably make nobody happy with what I'm about to say. First of all, we provided direction at the last meeting that we were going to prepare the budget in this way and I still think that's the way to proceed. However, I do think a good point has been raised, that we have a pretty Muddled, less than clear statement of policy for applications for community funding and in particular with the disclosure of the finances of the applicants were all over the place. from what I can see from the past.
And while I don't think it's fair to burden or to put the onus of that ambiguity or that lack of clarity on just a chamber, particularly when we've already voted on a priority for this, I would like to see and I would support if the rest of council would Get a better policy drafted for what the expectation is for financial disclosure of organizations that apply for city money.
So it's very clear at the front end, I think a legitimate problem has been identified but also I'm not right in favor of unwinding the priority we've already voted on this time. I think it's a problem that needs to be addressed
I think the chamber emailed the budget to everybody this afternoon.
Yes, they did and I think part of the policy issue is what's public what's not public what kind of information should be provided for it and have that be clear clearly stated clearly laid out. I think there's a little bit of ambiguity and lack of clarity in that right now no problem i totally agree understand
Susan? I just want to comment that the budget that we received is actually not private because of their 501c status. So if a member of the public does want to see it, I believe that it has to be made available. That's my understanding.
2:02 – 2:0717 turns
The tax returns for each every 501c3 nonprofit are available from the Internal Revenue Services website, irs.gov. The budget document prepared by as I understand it Mr. Fleming sent every member of the City Council today is a public document solely by virtue of being sent to every member of the City Council. It is available upon request from the city clerk in addition, the city's existing contract with the Chamber of Commerce provides for the city as an institution to seek access to the chamber's books and financial records which also provides ability for the council to make that request with the policy as requested by the Mayor Pro Tem. So the particular document already we're talking about is public because it was sent at the full City Council And that would be available upon request from the clerk.
And we can certainly put a policy together, I think there should be consistency that makes sense. Thank you.
So may I ask another question? Sure, Susan and Randy. Yeah. OK, Randy can go first. OK, go ahead, Randy.
Well, I just want to state that it's interesting how as we're discussing this budget the clarity that's coming forward regarding having better policies for the funding allocations coming from us. So I think that that's crystal clear that that what we need to do. And again, I don't think there's anyone up here and I don' think there's anyone in the public that wouldn't agree that that something that we can I remember my first year here when Brian Akins gave us his budget for the museum. I was just like, I could not believe every penny was accounted for and then I remember the same year we got a budget from the Green Coalition and you couldn't understand it and I remember clearly stating here's the good one Please, go meet with Brian and let's figure this out.
So I agree there are some things that everyone can do better. I think now is the time to put that forward. Now is the time to write the policy. I think we can move this budget forward tonight knowing that that's what we're going to do. And I think it's clear that any agreement that we make with any of these entities, that it's a year-to-year basis. And most understand that.
So with that, do I need to make a motion?
Anybody? Yeah, I don't need to say anything else. OK.
We approve the budget. Recommended is there any language I need to read into it? The recommendation, city council adopt an ordinance amending section 7. No, wrong one. One second.
A resolution adopting the budget would be fine.
Thank you. This is just as still stated. You can just say as proposed. I know. I was on my next topic already. Do I need to clarify that, or do I need a second on James?
The motion is clear. But a second is required. Thank you.
May I make a second with accepting a friendly amendment of developing a clear policy of financial disclosure for future applicants? Absolutely.
Susan? I would like to make a friendly amendment. Let me gather my thoughts that we have a discussion I don't know how to put this, but that we have an understanding that the chambers or just want the chamber be clear that we will not continue using tax payer money to fund the chamber into the future. I mean, it seems like that should be understood because it's year to year. But it also feels like perhaps it's taken for granted that it will be renewed.
I don't know if that's a friendly amendment or not but I felt like I needed to say it.
At this point, I might note Council Member Francina and council that each budget is an annual document year by year that kind of Broader policy direction could be provided by council to staff as they write next year's budget or provided by the comment you just made. Thank you.
OK, so we have a motion with two amendments. May I vote please, Gail?
Well wait, I'm not accepting the second amendment.
Oh, oops. That's
OK. Yeah, I'll accept it first. As much as I agree with what you're saying, I am just saying in kindness to what our city attorney said, these are an annual budget and these will be agreed upon on an annual basis And no entity receiving funds from the city should expect those funds on an annual basis. They need to come forward, they need to demonstrate why they need that funding and we in turn need to discuss it and then allocate those resources as necessary.
Thank you yes I agree.
Okay so we have a motion with one amendment okay all right we're ready for a vote.
Roll-call vote Passed 4–1 motion with one amendment okay all right we're ready for a vote.
Show transcript
2:07 – 2:1322 turns
All right,
thank you
And I want to comment not to dispute anything but that's one of the smoothest even with the issues discussed One of best organized presented smoothest budget processes I've been since I've been on council Thank You staff
Thanks. And Pam's probably watching, so thanks, Pam.
OK, moving on to number four, the BAB, Disaster Council Recommendation Review Fire Hardening Improvement Options.
Yeah, and I'll give a very, very brief report. We had a Disaster Council meeting in March and at that time at the Disaster Council some of the Disaster Council members had talked about asking the City Council to look at fire hardening options and potential code amendments for fire hardening which we have done...we've done a couple years back and so the Disaster Council at that meeting agreed to recommend to the City Council That the City Council ask for a review of fire hardening and potentially to ask the building appeals board. To review the fire hardening our codes for fire hardening options, the amendment just to give an example of the amendments similar amendments made 2 years ago in 2019.
We made some amendments requiring Class A roof types, spark arresters on fireplace chimneys, heat sensors in the garage. So it's those types of fire hardening options. So the request from the Disaster Council would be for the council to send that to the BAB for a review because for the BAB meetings to be called it needs to be sent by the City Council. That's the item before council, so it's a pretty simple question. It's just whether to send that item to the BAB or not.
Thank you, James. Questions? I have a question. Okay, I saw Randy and then Sousa.
So the, is it the Cal Fire that sets the standards for lot clearance? And I don't know if this is to James or Matt but who sets these standards?
City has some standards. Cal Fire sets some standards for like brush clearance. Right,
for brush clearance. And the county also has a few. The County Fire Protection District has some additional standards.
So when it goes to BAB can we actually have BAB look at right now we have 100 foot fire clearance around houses. Can we extend that to 200 feet? And then is there any way that we can look at large parcels in the community, two acre, three acre, five acre and larger? And have those assessed or evaluated in a different manner for clearance. So they may be clearing the 200 feet around their actual house but their parcel may contain a lot more hazards.
How do we assess that and can we assess that as a city and can we exceed the standards set forth by the state and county? That would be one of the questions I'd pose
to them. Yeah, those could be questions we ask them to focus on.
And in very short, the city can adopt more strict standards than the state? How exactly to set them is a policy question but the short answer is yes, you can go beyond the state minimums.
Susan. What is meant by class A roofs? The reason I ask is because I sent around that the email from Rick Pisaccia describing the effect of black asphalt or dark asphalt roofs, does that include recommending a roof not... I don't know, what I'm trying to ask is recommend lighter roofs
or just- Sorry. The class A can be various colors so dark colors or light colors but I forget the exact analogy but the difference between a class A roof and then a lower class roof is how much time an ember can burn on that roof without potentially spreading And so class A roofs is the highest level of fire protection. An ember falling on the roof can burn for much longer without spreading and turning into an actual fire, but you could buy Class A roofs in any color or you know what in various colors dark or light.
So the question of whether to allow light or dark roofs, potentially it could be looked at by the BAB, although maybe it would be Planning Commission. But it's not necessarily tied into this question.
Yeah, BAB or PC, maybe BAB to start and then sort of go from there?
OK.
Well, roofing materials are a composition. I would think it would be BAB.
OK. Any other questions?
Thank
you. Any public comment on this item?
I would like to suggest that we have a date certain as is suggested, you know. And I'm going to go ahead and move for purposes of time management to approve the recommendation with a...of the staff that the Direct Appealing Board...Direct Appeals Board review far-hardening options and provide a recommendation to City Council on or before Friday October 1st 2021.
2:13 – 2:2640 turns
I'm going to use Suze's term. A friendly amendment that also at that point in time, for any reason that BAB cannot perform their function, it comes back on that date as an agendized item so that council can take it up and get this done. I'll accept
that.
Sounds good. So we have a motion? Yes. And a second? Second. Ready to vote?
Roll-call vote Passed 5–0 motion? Yes. And a second? Second. Ready to vote?
Show transcript
Great, thank you All right moving on to number five the City of Ojai Centennial Logo Competition whoo Exciting we have a winner too
Yeah, we're
gonna unveil it here tonight I thought it was on here So we actually did not include it in the package. I know, I said that on purpose. It's not what's on the front. We wanted to build the suspense but yeah... That was so misleading! I was wondering who was going to catch it.
I friendly object.
So we wanted to go through because we got a lot of submissions and they were all amazing. I think we had worried you know with everything going on, we're like no one's gonna take the time or pay attention to this right now. But we got several designs, and we held a public art jury to go through those designs and pick them. And that was a tough call but we have the unveiling here today.
As a plug, I'll note that we're almost a month out from our centennial August 5th 1921. So August 5th 2021 will be our centennial and so the first step of kind of our celebration of that was we developed this logo competition because that logo is going to be used on almost everything as we move forward. We're gonna have posters banners. We're going to create a commemorative coin in partnership with the museum that will be used for some of these other projects as well.
And then we're planning some centennial celebrations as well, so I'll keep it brief because I know we have a long meeting but we'll show all of the competitors and then we'll unveil the one that was chosen by the public art jury. So I'll just kind of go through them here for a few seconds each. So this is Ojai Thoughts. And I guess this one, the title's just Ojai. I didn't realize that.
This is Away, which was interesting. They used the arches on the arcade to spell out 100, which we thought was interesting. And it's an orange.
It is? Wow!
Yeah. We had Topatopa Sunrise. We had Orange U GLAD, it's the Centennial. So they have the best name. We had the Centennial logo for Ojai. The Ojai logo which is pretty creative using the peace sign here.
Yeah love it.
We had the Centennial Tower. Life within the natural This one was just named after the contest, but pretty cool. It shows the arcade 100 years ago and then what it looks like now. And then Pixie World. The Valley of Plenty. And last, the winner, so this will be the unveiling is 100 Circles Around the Sun. So this is the official centennial logo for the city of Ojai.
So yeah I guess a round of applause for the artist Sam Heyman.
Well, and all the submissions too.
They're all very cool. Yes. And we might try to figure out what will work with people, try to figure out ways we can use them and see if everybody's OK with that. But this will be you'll start seeing this around. We're going to see the banners. We're going to see some trolley ads and things like that. As Council Member Blatt pointed out it's on the front page of the budget. That was actually the accidental unveiling.
So,
so with that all that's left today which hopefully happens is for the City Council to ratify that because the winning design receives a $250 prize.
Can I read the staff report how it describes it? Or you can?
Sure, let me
see. I think it's interesting the design 100 circles around the sun was chosen by the public art jury as the winner artist Sam Haman noted that his ideas stemmed from the symbol of the sun used by local Chumash people And the 100 orbits that Ojai has taken around the sun since the city's founding. I love the Chumash heritage aspect, so beautiful.
Very cool. Thank you and so with that the item is for City Council to ratify the choice?
I move to ratify. Second.
Okay, great. All right vote. Oh No public comment, oh mr. Miley sorry
If it's a compliment of music you can pass
Maybe he has his own design
if he didn't get it in a time. It's too late
Mr. Miley you can go ahead and speak
I bought the colored pencils for next year
actually.
So, I saw this in the budget before I knew it won and I said boy this is really interesting circles of the sun. It's outstanding and then I found out what so I think it's just great that's all I have to say
We are so happy you approve, thank you.
Just a quick comment before we vote if there was an appropriate venue for all the submissions to be together Displayed in a public place or I don't want to necessarily Volunteer anybody like the museum or something, but I Just I just are here at City Hall. I just the quality was so high. I just wonder if I It might be appropriate to find a way to
have them all in
one place where
they could be. For sure, and I know the museum's offered to partner with us throughout and we've been working together so I'll also bug them. I think
it's a great idea. Thank you Brian. Yeah, they're really beautiful. So seeing them all together is fun All right. So we're gonna vote on that.
We don't have to increase the museum budget to get this
done
Roll-call vote Passed 5–0
Show transcript
Okay, great. Moving on to number six and thank you those of you who are waiting to speak because it's a long night, right? Thank you. Oh, we got lots of cards. Okay,
James. I actually asked the city attorney if he'd walk us through the ordinances that has some specific language.
Thank you, Mr. Vega. Mayor Council before you is a proposed urgency ordinance that would place a moratorium on certain new formula businesses from being located in the city for an initial 45 day period as an urgency ordinance under the relevant state law it requires a four-fifths vote of the City Council I'll give a very brief further summary of it As you know Existing formula retail ordinance has stood the test of time in its original goal, which was to stop and block national retail and food chains. And it relies on the fact that most national retail food chains—and here we're thinking The ones that we can all name instantly in our head.
They exist by having standardized signage, trademarks, operations uniforms look menu. They exist in a standardized national operation and we use that against them by blocking anything that has 11 or more outfits including at least one in Ojai and that has two or more of six standardized features. Recently issues have arisen regarding not that situation, rather a situation of as a relatively small retailer who has come into the city and has been permitted.
But questions were raised regarding that retailer and whether they were or were not protected, if not protected but where they were or were not I'm not using its name specifically because it is permitted and it is not on tonight's agenda, but it's a useful example. A half a dozen or more under one name and a few others under another name collectively, I believe eight or nine.
And all are marketed collectively but are not the same trademark, not the same merchandise, not the same facade nor decor, nor apparel, nor signage. In other words nothing under our current ordinance however they are marketed collectively. So the question has been raised can something be done about that? So what we have drafted for you is an ordinance that makes The existing ordinance was two changes. Number one, it drops the number of qualifying businesses from 11 down to five that would be five or more businesses including those within the city And second change is to add collective marketing, defined as standardized or collective marketing of the business proposed to be located within the city including but not limited to via digital and online means.
That would pick up a website or social media anything using the World Wide Web in conjunction with the other qualifying establishments and it still maintains the requirement that it'd be two or more of the following features so it would have to be of the seven, at least two to qualify. So the retail operation we've been discussing would not qualify because it at most meets collective marketing.
But nonetheless as you know, the council brought this back. Two members of council put on the agenda. It does require a four-fifths vote to be adopted as an urgency ordinance. My last point is the Planning Commission is presently considering whether and how to amend or rather make recommendations to the council to amend The existing ordinance on a regular basis.
And the Planning Commission has had its first discussion and made the decision that the ordinance needs to be looked at, and it is going to have its second discussion I don't know what day actually that all turned up July 7th Planning Commission meeting will be considering the second hearing on whether to make whether and how to change the ordinance in so that form exists as well If the Council were to adopt this ordinance by 4 fifths vote, it would take effect tonight and be in place until August 6th unless and until extended. The Council can extend it again by a four-fifths vote.
Add a public hearing between now and August 6 for up to one year, and then can extend it again for up to another 10 and 1⁄2 months. Total two years each requiring public hearing. And of course you'll note August 6 is before your next regular meeting. As I understand there's a current proposal for a special meeting on August 3rd. This would be added to that agenda if it were to be adopted tonight. With that, I recommend that you take council questions Real quick, could you give me a more precise definition of collective marketing?
2:26 – 2:3310 turns
So
as we understand it, collective marketing would be that a product or a business is marketed in multiple business outlets are marketed on the same device or tool or website. So as an example if you had a pen pen store that sells several kinds of pens and they are marketed all on ohiipens.com, but the same pens and the same ohiipens.com is also marketed on just straight pens.com and they had a link back or they said visit our sister store OhiPens.
So pens.co there may be only one Ohi Pens and it wouldn't have in this example I'm using It sells the same pens as Ventura Pens and Port Waimea Pens. Each of them has their own name though, their own facade, their own decor, their own apparel but the merchandise is the same and there's a website, pens.com that has all the little stores that are linked into it. That would qualify as collective marketing.
Thank you. I need a drink. I don't drink by the way. You know, this is why it's so important that we get right. If we're going to amend something that's been in place since what 2008? 2006? 2007? So I hear the concerns. In fact, I heard a lot of concerns last couple days regarding this. Matthew, do you think that this ordinance as written preempts what the Planning Commission is doing right now?
We are pretty much doing...this ordinance as it's written is pretty much doing what we've asked the Planning Commission to do and that's review The existing ordinance and come back with changes. And it seems like this is preempting planning. I mean, that's my take on it. Is it or is it not? Or in the second question along those lines is Could planning members read this and then use this as their body to make their decision? So my concern is that we're impeding what we've set a commission to do by creating this new emergency or urgency ordinance. And I just have a concern with that.
So the second question first, the Planning Commission could very much take a look at the draft and evaluate that as part of their discussion. Both to look at a collective marketing angle, to look at adjusting expanding deepening that definition, to look at the number cutting it from 11 to 5 or something in between And then to your first question, on the legal basis no. Well yes and no. The council would be adopting something that would take effect for this limited period. The time-limited component is what wouldn't override the planning commission entirely because the planning commission's work would then assuming they can reach some decision would come back to council and that could be adopted on a permanent basis.
One thing that's worth considering is In this kind of situation, whatever is adopted as an urgency matter typically sets the floor for the commission to then think about as it takes effect to the permanent version if the council's interested in making permanent changes.
I had a couple more if I can here. It states on page three of five, I kept going back to this it says one says five businesses then in paragraph I think three here it says five and paragraph four it says seven and then some reason we go back to five am I misreading something? Because I wasn't sure what the actual number was was it gonna be five or was it gonna be seven
So the ordinance as proposed is five, that's a typo. At one point it was seven and then we went back and forth in the drafts of the ordinance before it came to council. The actual ordinance that was put on the table is five. The reference to seven in the third paragraph on page three of five is
a typo. Okay, I was just wondering and then of course council could change the number as desired. Right? And then James can we have is the planning director here or would you like to respond to it but what is the process presently? What are we ensuring the community through the existing policy that these concerns that some community members have are not being met right now.
What's the vetting process?
And so we do have, the director is available I'll try to give a brief answer because i know we have other items on the agenda but if more details wanted we can bring him in Currently the way it works is when a business comes in for a business license, we have a formula business affidavit that requires the person coming in for the business license to answer yes or no questions about whether they Have things like standardized merchandise standardized facades standardized decor uniform apparel I think some of the recent And so we review that we on on ones that have been questionable. We've asked for additional information So we have multiple times recently kind of investigated that further but I think the key question that's come up lately is that Is is the point that the city attorney noted in his proposed ordinance of whether or not collective marketing?
would should potentially be a A One of the criteria, which it is not right now per our code So so we do review the current criteria. We have this question in this affidavit that we go through We double-check that information against what we find on the internet and other places But the current criteria just doesn't have that element
to it right now So that's what I was trying to say earlier about how we're influencing planning, is we have written into this urgency something that who knows the planning would even had considered or will consider. And that's the influences that we're making right now and i'm not sure if that's what we should be doing it seems to me we're circumventing what we've asked our Planning Commission to do.
That aside is just one concern. That's all I hear right now Mayor.
Okay. No more questions? Okay, we'll start with public comment. Bianca Rowe.
2:33 – 2:404 turns
Good evening Mayor Stix and city members. Thank you for having me, my name is Bianca Rowe and I own In The Field. I'm a retail store we've been in business now coming up to seven years. We survived the Thomas fire, we survived the Woolsey fire, we survived the pandemic And this is the first time that I feel that there is something that's threatening Main Street in Ojai, that we need to address in a different way. And I know that tonight is not about debating the code for public comments. I know that this is a little bit more important because it's a moment that you have an opportunity to put a pause On a change in town that's actually happening, that might not be readily available for everybody to see straight away.
And the code as it stands can be manipulated. as simply as changing a name because the proprietor themselves are not the ones being evaluated. Slight adjustments to get into Ojai are ways that people are navigating around this, and in order to give the time and the space needed for the Planning Commission to do the right kind of review to actually evaluate the code, I'm here to really deeply request that you vote yes in order to put that moratorium in place so the change doesn't happen before everybody has the time to really look and see what it is Ojai wants to be.
Because there are changes like social media, because people are selling on Instagram they're selling on Facebook and none of those streams of sales revenue are being considered as stores. They're only looked at as bricks-and-mortar that's only one facet of the code that hasn't even been discussed this evening so the code at large is The Planning Commission did see there were many opportunities to review that. Numbers, social media, cross-marketing... There's a multitude of issues at hand but what you're voting on is the pause to give town an opportunity to breathe so the code can be corrected if necessary but evaluated properly And it pauses other people coming in at a time when there might be Swiss cheese loopholes, you know. And you just have like a moment in time to shore that up and it's only 45 days so I respectfully request vote yes for us we need you thanks.
Thank You Bianca the next we have Jenny Pribor.
Hi, I'm Jenny Pribor and I signed up to speak so I could pass out this petition that we solicited for in a small group of community members about what Bianca just talked about limiting the formula businesses to no more than four. So I wanted to pass these out so you have copies of this. I'm only going to comment on what's been said. I think that Mr. Summers has very lightly touched on the issue that brought all of this to light, the company that has come into town is Not in any way a small business. It's a large 30-year old international retail company that anyone in retail knows, knows the owners, knows the players. There is no way that someone could have signed an affidavit that this organization is just a small retail and been telling the truth.
I've bought from them for years. I was part of their first leasing 30 years ago in a brownstone in New York City. I find it shocking that as a group, no one recognized this. So we are all here and have all come together because this corporation has come into our town. There's, you know there can we all love Levi's. We love Levi's we there's many things to good to say about this corporation and and we probably have all bought something from them over the past 30 years.
However, you know what Bianca said about our community and who's coming into our community and the weight of that back end With those of us that have one or two shops and you know, just the spirit of Ojai You know I think is really important so I would like to also I agree with Bianca to you know have you vote for a pause and More discussion about this not just with the Planning Commission but also also with with you as the City Council and One how this happened And with the ordinance that we already have. And two, just discussion about the spirit of the community and what direction are we going and where do we want to go? We all know how very quickly streets like Abbot Kinney in Venice turn from fabulous fun interesting boutiques to big corporate spaces.
It happens very quickly. So I would like to request the same thing that Bianca did and just for us to, for you to vote to take a pause.
Thank you, Jenny. Next we have Steve Quillacy.
2:40 – 2:466 turns
Thank you, Mayor, Council members and staff. For those who don't know me I am on the Planning Commission and I do not plan this evening to speak in any way to the substance of this ordinance or any direction that might come to the Planning Commission to consider this ordinance. What I want to do and what I beg that you do is make sure that the process you use in your deliberations and your voting tonight conforms with state law.
If you look at the agenda, it refers to a moratorium under government code section 65858. That's state law. And specifically 6 5 8 5 8 subsection C says that in order to pass an urgency ordinance. Like this moratorium, you as a council must make certain findings of fact before you can vote for it. Specifically that there is a current and immediate threat to public health, that there is a current and immediate threat to public safety And a current and immediate threat to public welfare that is to be solved by this moratorium.
So without commenting on the substance at all, I beg of you please follow the state law in your deliberations And if you find that you can make these findings, please explain to the people that are here and the people on television land that are listening to you tonight how you came to those conclusions. Thank you very much.
Thank you Steve. Next we have Cindy Convery.
Hi, Cindy Convery, Ojai resident. There is a current and immediate threat to public welfare because there are two Los Angeles franchises currently looking for space in Ojai that don't meet our formula ordinance and they're very clever so I consider that a current threat I am here to support the moratorium and also to ask that you amend it to request an expert in this field to join the Planning Commission in their study. It's very complicated, Matt you're really knowledgeable about city law but It's like any kind of law. There are very particular details here and there is a lot of expertise, and there is a lot of money on the table. These people are not stupid. They're pretty smart about coming in and taking over valuable real estate. Ojai is an extremely valuable town as we know.
It's a business, and it's up to us to protect it, and the long-term value is to maintain the integrity and authenticity of the town. Urban Outfitters on Ojai Avenue will devalue Ojai for all of us. One of the reasons I recommend hiring an expert is, I believe Commissioner Blatz that you referred to Bank of America and Chevron and Wells Fargo as franchises? And why are they allowed to be here? Why do they qualify?
You know, these are the details that an expert can address. Frankly those are service businesses that facilitate local business they support local business there are no single owner banks or single owner gas stations anymore those are relics from the 50s so to consider that To even mention that as a franchise business, and that was also mentioned in the planning commission, illustrates to me that our leadership needs that kind of detailed guidance that you don't get from just Googling what's a formula business.
You know, there's a new model out there and the new model is boutique franchise groups, 20 businesses possibly less. The explosion of e-commerce and social media they're selling online. Randy you mentioned the tax basis that new businesses bring but these businesses make most of their money online which doesn't support Ojai and they can afford to operate at a loss here for a couple years while they sell online and possibly a tax-paying business like in the field goes under. So, Ojai actually loses money bringing in those kind of franchises or stands to do that. I have 28 seconds left.
I think that's it. You know, I just think Ojai has always favored local business, the community if you serve the community And I'll point to the new farmer's market, which is extremely popular. It's all local, local produce. That's what Ojai is all about. That's the brand. That brand supports our biggest taxpayer, the Ojai Valley Inn. The inn doesn't want the town to become another cookie cutter, you know? So it's quid pro quo here and I ask you to hire an expert as part of the moratorium. Thanks.
Thank you, Cindy. Next we have Robin Gerber. Is Robin still here?
Sorry, Robin left. She had to go she asked me to say that she supports the moratorium.
Thank you. Thanks, Robin. Okay and we have two people on zoom
2:46 – 2:5428 turns
One of our Zoom speakers I realized was Mr. Quilcy, so we have... I had you signed up on... He's a hologram. Yeah. He looks
real. If he wanted six minutes, Steve, we would've given it
to him.
Someone touch him!
And our other speaker is, of course Mr. Miley and Mr. Miley if you're there you can go ahead and speak
I am here I've learned a lot listening to the several people speak at their podium, which I didn't know. I was going to be a critic of this and suggest you vote no because it seems like the only issue was 10 and 11 but with new information, I'm kind of scared about our town so even though the city council is going to be dark during July It looks like we should go ahead and create a moratorium to give us the space and the security of not being infected by organizations that are going to expand and do us in. Thank you.
Thank you, Mr. Miley. All right, open for discussion?
I'll go.
I'm ready to make a motion.
Susan, did you want to go ahead?
Yes.
I don't want to preempt
you. Go ahead. Can we have a motion and then discussion?
Well do you want to say anything before the motion
anybody? This has been very interesting for me. I have been thinking about this a lot. I want to give by way of history that This is something I'm proud to have been part of early on. What I considered critically important was when we drew the line on short-term rentals, we drew the line on formula businesses in terms of the fast food situation and I remember when there was a lot of pressure provide a variance for what is now Westridge and I'm glad we didn't, that we held on to that.
And so it's been very interesting listening and I've been going back and forth on this you know I'm not sure I like the number five so on and so forth but as has been so eloquently said by the speakers this is a pause I think upon reflection that while I've been going back and forth on things, I think I'm leaning towards the pause is appropriate.
Yeah, I'd like to just say the pause is the key word here because as we all know, Ojai has changed so much during COVID. I mean all you have to look Saturday night at Ojai Avenue it's Porsche, Porsche Tesla, Tesla, Porsche, Porsche Tesla, Tesla. And so we have to embrace that because that is what is. That's our reality now, so it's almost like you can feel the people wanting to get in here and of course we love new people. On the other hand, it's super important to protect our town and it is a question of safety and welfare I do believe because this is the town we love and we want to keep it unique and we don't want to see it turn into Abakini.
So I think it's really important
I have a question. Yes, Susan? May I ask a question before I make my motion? Matt, what does this part adopt the CEQA environmental determination of exemption? That has to be part of the motion, correct?
Yeah, the proposal is to find if the council is to adopt the ordinance that it's exempt from CEQA under and I want to double check which guidelines we cited. Under CEQAs guideline section 15308 for actions taken to protect the environment And under several exemptions for actions that are not expected to have any significant environmental impacts because it's a temporary moratorium at this point for a max of 45 days. So the motion would be to adopt the CEQA exemption and adopt the urgency ordinance as stated in the staff report.
Okay, and then I would add to that That staff explore what is involved with having an expert advise the planning commission. I have been listening to the planning commission hearings and it does seem that For the reasons that Cindy Connery stated so well, that it would be prudent to have an expert because it's so complicated now with social media and all the different ways that people do business. I'm not saying automatically hire the expert part of my motion is that staff come back with a report If that's what, I don't know. Wait a minute. The next meeting is July...
I need help here.
August 10th. Well our next council meeting is August 10th
They're going to hear this item at the Planning Commission meeting of July 7th and then we'd have to bring back this urgency ordinance prior to our next meeting, August 3rd if we were going to continue it for another 45 days So it's a pretty tight time frame and the one concern I'd have with hiring an expert is, uh, it would likely delay that planning commission review which I don't think is an intent right now.
On that front my recommendation would be to note that the Planning Commission has had the wisdom of Community Development Director and the Assistant City Attorney, certainly we could add to the wisdom in the Planning Commission by adding James and myself four minds is better than two. And that's doable under existing budget and significantly faster than finding an expert. And particularly noting that the existing form of the business ordinance that is in place now is consistent with the nationwide standards as shown through the Institute for Local Resilience To go beyond is what we will be doing, beyond what most cities have done.
So we're sort of writing the book but certainly staff would be happy to look into other... We don't know everything. We'd very happy to look into others as well but there's a timing component there.
Yeah okay so I'll just make the motion as recommended and I think that's all. I was involved with the original work on the moratorium. Okay, the question in my mind is whether it should be four or five and maybe we could have a... Inclined to do four because I really want, my goal is to protect the uniqueness of Ojai. But my question is what are the repercussions?
And this is only a pause so perhaps it's not an issue right now. No, it is an issue because if somebody comes along that has five The
planning
commission when they
do their full review, I expect
that they will provide feedback on what the appropriate number is and
that's a lot of what they've talked about to date.
2:54 – 3:0038 turns
For the moratorium, I'm not aware of any business coming in that is four or five locations. So I'm not sure if that number of four or five makes a difference other than to say four is obviously stricter than five.
A quick question of Mr. Summers, if I may? Sure. Could you speak to Mr. Quill as he's concerned on the finding of public welfare and whether we are on solid ground or not?
Yeah, the council could make that could defensively adopt the ordinance if desired. The threat to the public health safety and welfare is to the community's character economic aesthetic and its commercial scale as noted in the original ordinances findings The ordinance was adopted to preserve the existing small town character, the diversity of businesses, the diversity of the community's commercial areas in that it's not cookie cutter and it's not one on one or the other. It's not all the same and it's no national standards protecting that existing small scale diversified commercial character is a matter of public welfare, and thus the council could make the finding should it so choose that doing so is supportive of that public welfare and protective of threats to it as apparently exists per the public commentary.
Thank you.
Randy?
Just a point of order. I believe we have some form of a motion. Can we get a second and then bring it back for further discussion?
Sure, can we repeat the motion? It was Sousa's.
I have no idea what her motion was that's why I need clarity on it. I'm not sure if the motion was finished by
Council Member. I don't think it was finished and I just want to add I mean there are a lot of signatures here and this means a lot so good job. Okay do we have a motion?
That's my point of order. I thought Sousa was making one and then I have no idea what she was
Did you make, Susie you want to go ahead? Yes.
I'm going to keep it very straightforward to adopt the staff recommendation which is adopt the CEQA environmental determination of exemption and adopt urgency ordinance number 21- and i didn't hear Matt say whatever the number there should go.
We don't number it until it's adopted so just 21 blank
Okay, an ordinance of the City Council of the city of Ojai California establishing a temporary moratorium under government code section 65858 on new formula businesses with five or more establishments and meeting certain criteria for Ojai Municipal Code section 10 to 1713 and declaring the urgency thereof. That's my motion.
I'll second the pass.
Okay, thank you. May we have a
roll
call? James are you saying that in order to do this we'd have to call a special meeting before August 6th because we don't have a council meeting before August 6th Correct. In addition to this, we're calling a special meeting to decide to do this at some point in the first week of August. If
we wanted to extend it past August 6th? So we could pause it from now through August 6 now and then we'd need to- We would have a council
meeting to pass it or decide what planning tells us. There won't be any change in the ordinance from some period of time.
Yeah, so potentially there would be that four day gap between August 6 and the August 10th meeting.
Although the August 10th meeting may or may not be noticed for depending on what the Planning Commission does.
So is there a problem?
Yeah, I mean to do this Susan would create a necessity to have another meeting. If it's an emergency we're going to let a four day period of time go through or are we definitely having a special meeting or not if this goes through? Do we know?
As of right now we are tentatively planning to hold a special meeting the first week of August for another project.
What other projects?
It would be for an ATP review in early August.
That would be anyway. And then we'd have to do this
too. So, we would add that to that agenda if Council approves it tonight.
Matt, has this city ever passed an emergency ordinance or received a letter from the District Attorney saying it was an appropriate use of the, was an appropriate immediate threat of health welfare and safety or safety?
One of the last times the city adopted a moratorium, it was in 2015. Fall of 2015 or 16? The public commenters are adding 16. It was in the... No, 15. It was fall of 15 and it was to stop hedge trimming and the district attorney sent a letter objecting to that as lacking adequate findings. We, of course, objected to the district attorneys Objections and had it fixed to the next meeting in regular order, but yeah It has it has been an issue in the past
now. Are you the city attorney at that time?
I was the interim assistant at that time I believe
was the council advised that that wasn't appropriate use of the urgency powers
That particular item I advised the council there were significant risk to their city powers in part because that item was not on the agenda
It
was not on the agenda. That item, it was both added to the agenda by the four-fifths vote of an emergency finding and adopted by a four-fifths vote on an emergency finding. This is at least on the agenda. That is a different situation than the last
situation. We did an emergency back in the old subway situation initially for the Formula Business 2. And I believe there was no objection to that,
right? No. When this was the very first of this ordinance that was adopted, the DA did not raise any questions with that.
3:00 – 3:0617 turns
So we're in the discussion on the motion. Okay, so two businesses have been cited as being illegal in the community. Do we know who those businesses are and if they have falsified documents? That's why I asked what our procedures were. If they have done something that is against the rules, why haven't we gone after them and why haven't we shut them down?
And just to add, have they applied yet? Is there a pending application or is there anticipated to be a pending application in the near future that would create an emergency.
I'm not aware of any pending application. I think one business that was referred to as a business that recently opened and received a business license and they did submit the affidavit and again the issue is not that the affidavit was falsified anyway it's that the collective marketing is not a current criteria that we can consider So that's the only business I'm aware of. I'm not aware of any pending, so.
I'm also not aware of any complaints that have been received regarding operating businesses being illegal, presently illegal.
Yeah so just I just wanted to be clear in that I'm not calling anyone you know anything other than it would just we need facts we don't need you know hearsay we want facts.
If you're currently a brick-and-mortar store and you decide to do online retail is there an additional business license that's required through the City of Iowa?
No, we do not have the power to regulate online sales. The city can only regulate as a land use matter businesses that have an operation inside the city. That is a physical point of sale, open retail store, warehouse, something physical in the city. So how
would we... so why if the collective marketing and the online issue and Facebook, Spotify etc., how do we actually have the authority to use that as a criteria then if we can't regulate them?
Because we can regulate this, the physical business in the city. This only applies as to physical if adopted is to physical retailers or other defined businesses in the city counting how many other locations they have But we're not counting online. As proposed, it would not count and to be honest I don't think we have the power to count each online sales venue as a separate location. All we can test is the number of physical locations so whatever number that may be selected 11 5 4 7 we're only able to test as a land use matter How many in Ojai? How many elsewhere? The collective marketing is one of the factors, but online locations cannot count as locations. And I want to make that... That's a good question to make clear.
And then Mayor, I have one more question. Go ahead. If we do this and we reduce our content to five businesses, how many businesses right now are existing that exceed the four or exceed the five?
We
have not prepared that analysis given how this item came to the council, which is two members putting it on the agenda. Certainly staff could prepare that analysis but I would expect there are likely off the top of head I think we're all counting three or four at least including some also on tonight's agenda that would become legal non-conforming which would among other things block expansion of those businesses Any business that would may be made illegal, would be not made illegal, would be made legal non-conforming. They can continue to exist without trouble however any expansion or any new locations within the city would be barred at least for the duration of the ordinances as it is in place.
Or any discontinuance in their current operation?
Correct with this discontinuance with more than 180 days gap
So my final comment, Mayor, is that this is why this is so difficult. When this came to Council the first time I said I was 100% behind the 11 because we had a policy in place and I had not seen the deterioration of this community. I just haven't seen it. I'm a business owner, but not a brick-and-mortar business owner like a lot of the folks that are here tonight.
So we're gonna have a different perspective of the downtown business community. The second thing again is my... I agree with Ms. Convery about this completely about having some form of expertise because as you can see up here And with Sousa out there, us five are having a difficult time digesting this. So that's how important it is to the community and that's how difficult it is to us to not be fully informed.
And we're basing decisions tonight on emotions. And not necessarily on facts. And that concerns me, but I also hear the fact that maybe we have some problems with this policy and maybe we need to do some adjustments. So for me, I'm not sure how to get there and that's my problem. I don't know if we take a pause You know, I think I said this to Cindy. I said why don't we just put a moratorium on all businesses that we can't have anymore until we figure this out and Cindy shook her head over the phone and said no way but But that's what I'm trying to say here. This is a difficult Item this is just it you go back and forth. I want to support our The existing businesses, and I'd like to know that if those businesses exist and they would like to add another business that they can.
But what I heard tonight if they exceed the four or the five that they can't so that impacts some businesses in town. I understand that we don't want the other types of businesses that seem to be sneaking in or slide dogging their way through the process. I understand that it's I'm telling you this is.
Well, can I? I'm going to say in
response dreaded this all day. I'm telling you I dreaded this whole thing.
3:06 – 3:1628 turns
You know it's we have to look at history what's happening right now in history and when we're when we're the number one town listen travel and leisure. I mean just you can name all the articles and all the publicity that Ojai has gotten during COVID. And Mean it has changed in the last year walking around and so I think it's it is a good time for to have a pause Because things are happening really fast
And I would just say Randy, I would like you to consider your thoughts as being a good argument for a pause because It's worthwhile To spend some time to understand and not to have a lack of understanding allow deleterious effects or developments in the community that we can't undo, are easily undue. So like I said, I would argue you to think carefully that perhaps you made a good argument for a pause at this point while we learn more.
Right?
I really don't like the idea of us reviewing this after an ATP hearing and having to go through the technicalities of this particular ordinance at the same night we're going to do an ATP review. That seems frankly stupid, that's a really bad timing element of it. That's not the only thing to make a decision on in this but You know, I'm 100% for us reviewing this ordinance. It has been successful for 14 years.
I was involved in helping draft it from outside the council talking to a number of people about it. It was not thought about lightly But I don't think this rises to the emergency powers. I don't think we have any immediate threat, there's no pending application. We don't have anything that would necessarily apply to this. The number five is really tough and the idea of this coming back where we're going to deal with a full night of ATP in a special meeting and then add this on top of it seems like it's conducive to making a bad decision after all these questions that were asking the planning commission should be vetting me. That's why we sent it there in the first place.
I say this all the time. I'm very protective of Ojai, but I also don't think it's a fancy vase sitting on the edge of a shelf that's about to fall off and if everybody doesn't walk softly around it, it's going to break into a million pieces and we'll never get it back. The two businesses in town that were definitely formula businesses are the ones that have closed up over the last year, Carol's and Jersey Mike's.
It's not a town where formula businesses work very well. We don't want them. We have rules against them, the public doesn't support them. The fear of what might happen in the next 45 days just doesn't outweigh the fact that I feel like we're jamming a square peg and round hole to get something done under a threat, under an emergency that just doesn' seem right but I also completely agree with Having the opportunity to review all of this with a little bit more time and on an appropriate timeline at our next council meeting.
I would hate to think that anything could come through between now and then, but at the same time if something were to come through that was Outside let's say the purview of what we wanted to see happen, would we have another opportunity to call an emergency meeting at that point to do something about it
Matt? Two things are worth bearing in mind there. One any zoning clearance application which is the minimum permit that would come in has a 30-day window to be assessed for completeness or not being complete I've never seen an application complete when filed they always require at least one round of incompleteness that's another thirty days There are opportunities to process the application in full compliance with law, yet do so thoroughly that create windows. And in those windows these kinds of moratorium or regular order zoning ordinances can be adopted as no vested right to build or open a business exists until less than until zoning permits have been issued And a building permit, if applicable, has been issued with certain exceptions for housing.
So there would be windows of opportunity should something that I think all of us would recognize as a problem arise that doesn't get captured within the current ordinance.
So should a business come in that had more than five locations but under 10 between now and before we're at our next council meeting, we could call a special meeting and have the opportunity to deal with this at that meeting at that time with an actual immediate threat of something going on. Does that lead
you? Yeah. Council could call a meeting in those circumstances sort of depending on what the facts may be
When I that just seems like a. More reasonable opportunity to do this if I don't, I'm not going anywhere anyway. If that's an option that seems like a reasonable compromise middle ground to still keep the opportunity to keep something bad from happening but. Not forcing us to do this on a timeline that seems like it doesn't make a lot of sense.
Sorry to interrupt, but I don't know if the mayor can see my name. Oh yeah go ahead Susan. Okay well two things. My understanding was that at the August 3 meeting we could simply extend the moratorium. We don't have to make any decisions. We could just take a few minutes to extend that moratorium is that correct?
It would be up to the City Council it would be a public hearing you'd have to receive any public comment and then council could act as quickly or slowly as council may desire
Okay, so is that clear Ryan? Yeah but at that
point we would also have the report from the Planning Commission and the intent would be to finalize what we were going to do because another round of emergency requires additional hearings as well as another written finding 10 days before the hearing. There's procedural things that have to happen if you want to continue an emergency ordinance longer than the 45 days that are more work, more time. And I mean if
we're...
I thought we were going to do it and we had our planning report back.
We don't want to waste
a whole other meeting to do
it. But James, we don't have to take another 45 days, right? It's just if we don' feel like we can deal with this at the ATP meeting, we could keep it simple And just postpone it to whatever council meeting that we want in the next 45 days. It doesn't have to be...
Yes, at that meeting, you know, it's Council's choice but at that meeting on August 3rd, it could simply be continuing the moratorium and not receiving the Planning Commission report yet which then would mean within 45 days of that, we'd need to bring back the Planning Commission's recommendation and have that hearing
So the one adjustment there is that the second round, which would be the first extension can be longer than 45 days. It can be up to one year provided the emergency findings can still be made.
But as longer we wait, we're going to be stuck with an ordinance that we didn't necessarily fully vet because we passed it on an emergency ordinance tonight and it won't be able to be changed between now and then. Or I mean, I guess we could... It can always
be further adjusted or
lifted. The other option is not have another special meeting about it unless necessary and then bring it back at our next council meeting under the normal schedule with planning with the idea being if something were to try and slip through the cracks between now and then, we'd be able to call a special meeting and handle it at that point.
Okay, can I ask about that point that you've made three times now? Why didn't we do this with the business that was recently approved. We didn't call a special meeting.
The business that was recently approved is not a form of the business under any of the existing triggers in the ordinance. It does not meet any one of the six existing factors and based on that staff approved the permit
Okay, so what Ryan says if I understood him correctly is not correct because we can't call a special meeting for a business that is currently not breaking the chain store ordinance. For me it's so much better to err on the side of caution so that what we're trying to do right now is take a pause so that a chain store cannot manipulate the current code
One point to bear in mind, Council Member, is that no one on the council made a request for a special meeting regarding the business in question. And
we had plenty of time. We had a regularly scheduled meeting where we decided whether or not to enact an emergency ordinance which would be the same thing we'd be doing in this circumstance but at a special meeting and it didn't receive the four votes so we didn't move forward with it. That is correct. It was on the agenda and it did not pass. I'm with you, Sousa.
I know it's confusing but I think we would still be able to do it if we wanted to if that circumstance arose.
Just a reminder the Chamber of Commerce supports this moratorium.
3:16 – 3:2020 turns
I'm confident for the reasons that Matt gave, that this qualifies as an emergency ordinance because it affects the character of our town. It affects our economy and the aesthetics of our town.
And is there anything I mean, we're not arguing about anything. I just think there's a more efficient way to do it. I apologize. I came up with a compromise that I think is a more efficient way to do it so we're not trying to jam it into a special meeting and continue even longer than it needs to be. That's just a different way to do the same thing.
My other concern is that we may be out of town. You know, it's our summer break.
As soon as you can zoom in from anywhere in America, if you want to.
I just have one more comment that...
You
know, I'm listening to Ryan's points and I don't necessarily disagree with them. My bigger concern right now is the fact that we're having a difficulty Formulating a response and voting on something right now. And now I'm hearing we're expecting planning to have something back to us even quicker, and they're going to have the same issues so that's where I see the benefit of the pause.
is it gives plenty more time to do what they need to do because I don't see, I think that group to put this thing together originally spent about a year on it. It wasn't an overnight success. It took a long time to create this policy And we seem to be thinking that we can achieve some form of modification and success overnight, and I just don't agree with that.
So having said that, I'm ready to take a vote.
All right, may we have the roll call please, Gail?
Roll-call vote Passed 3–1 · 1 under review
Show transcript
Okay, thank you.
Can we take a one-minute break?
Yeah let's take a three minute break how's that?
Thank you for the public comments on
this and we can't take our next item up isn't it 10 30 isn't the limit
Maybe we shouldn't take a break, but wait Betsy. What about if the, if we don't do this before 1030? Get me started
and then take a break. I thought through this all. Yes, Sue's other breaks started. We're going to take the item up before
10 30
I think the only thing that concerned me was that we're going to impact some of this decision.
Okay.
President.
Okay.
3:21 – 3:265 turns
I'm here.
Okay we're moving on to number seven I
was going to give a very quick report on this. It can get complicated, but I think we'll try to keep it simple and brief. I think everybody's aware during COVID we created an outdoor dining area program Which is was fairly successful. I think we had issued just are just around 20 permits. It might have been 18 or 19, but we had issued those permits for businesses to expand their outdoor dining area during covid especially when the Capacity restrictions were in place.
We discussed at City Council about a month back when some of these orders would be ending, which ones would be extended, procedures for extending some of these things. Related to the outdoor dining, the City Council had authorized the extension of these temporary outdoor dining areas to January of 2022. But had asked for the staff to review them on a case-by-case basis.
We've received to date out of those permits, we had 17 businesses that have responded regarding extending them. We had 10 of those permits get issued in extension. Six businesses actually indicated they're no longer interested in offering outdoor dining now that they are able to get their capacity back, and then we had one that was denied. And the criteria that we reviewed these permits on were based on potential impacts to things like parking, traffic or accessibility and or ones that we had received neighborhood or resident complaints about.
Neighborhood residents are business complaints about So essentially the request was to come back to council and talk about that, the extension of these permits and to allow council to provide some feedback whether that decision was made in line with the council's intent. The item before council tonight is to discuss that the temporary outdoor dining program permit extensions and whether their council wants to provide any direction or feedback to staff regarding allowing or disallowing any of those permits.
That item is here for discussion tonight. And with that, I think the request was made by Councilmember Francina and Blatz. So any additional feedback from them?
Do you want to say something, Susan? At this point, I don't have any questions. I have comments, but I'd like to hear from the public. Any questions for staff first?
Can we start with Jack Dyer please?
3:26 – 3:324 turns
Well, thank you Mayor Sticks and members of the council city staff. I'd like to start off by just saying we did we sincerely appreciate the city's efforts and staff's efforts to provide a TUP for struggling business. I am the owner and founder of Topatopa Brewing Company here on the corner, and we really needed that help and continue to need that help. So that's where I go with that. The 18-20 permits great job. I'm hoping we can extend ours so i'm actually here just to request the council please provide Topatopa with a reasonable transition period for outdoor dining TUP and extend us to January 3rd, like essentially every other TUP in town right now. That choice is up to you guys and it not only affects me, it affects my partner business Little Sama.
They are separate business inside of our taproom but more importantly, it affects all of our staff who really bore the brunt of COVID and didn't have the opportunity to work for most of the year so they're all playing catch-up And this TUP provides us a chance to play a little catch up and provide them the chance to. One of my problems with the process was that I was basically informed a few minutes before 5 p.m. on Thursday that I needed That I was denied and I needed to remove it by the following Tuesday. And that was not a reasonable amount of time for us to consider staffing measures, and also to remove a structure that took us about a week to put in.
So that was a big part of the problem for me. We requested the city staff reconsider their decision in denying our TUP And basically we're told that there was no measure for us to appeal. So I reached out to Council for help, so we appreciate the opportunity to be here. I'm really happy that it was added to the meeting tonight and we really do... I'll just reiterate, we really do need the opportunity to recover some of our losses on the same day, that Thursday Notified that our TUP was denied, we were actually out there moving our cowboy sidewalk as I call it a few feet to accommodate the curb structure that I've been here before you about. Cost us about $50,000 or will cost us $50 thousand in September in a time that we desperately need to make up ground on the massive amount of losses we had last year so So yeah, I'm really just asking staff to consider and council to consider people over parking here.
We take up one-and-a-half parking spaces. All the other TUPs, yes they may be approved in their own private property but they still take up parking spaces so those people who are choosing to park or that don't have the opportunity to park in another extended dining outdoor dining area are probably parking on the street. So I think there was a lot of stuff that went on in one of the comments that just recently James talked about complaints from other businesses, we didn't receive one complaint about our parklet The entire time it was out there, it wasn't until city staff reached out to surrounding businesses that they elicited some discomfort with the one and a half parking space that we're taking up. So but you know I think you should treat all parking spaces alike and whether it's in a private parking lot or if it's on a public right of way The businesses should be treated the same and you know, we'll work with our neighboring businesses.
One of the things as part of the TUP process too that I think is very important for Council to consider is that four of the businesses that are most affected by our parklet are under the guise of one landlord who signed the TUP and agreed to allow us to put that in place. So it really should be up to them Not up to city staff to go and and elicit opinions from various various people City staff failed to interview little Sama, which is a separate business inside our Our location, but chose to go to a couple of locations that obviously everyone wants more parking. If we all had our druthers about it as business owners in downtown Ojai, we would have a plethora of parking right out front. But I think that as the town evolves and has evolved, it's important for people to be walking.
It benefits everybody. It benefits all other businesses if someone has to park a block away. I had the pleasure tonight of riding my bike here to visit with you guys. It was a little early, we're still light out but you know I rode right by our cowboy sidewalk it was completely full and Today's a weekday, so there's not a lot of tourists here so locals are digging it. And you know I passed along my ride here, I passed at least 30 or 40 open parking spaces within easy walking distance of the downtown corridor. So I don't believe parking is a problem, I never have.
In downtown Ojai, and I would hate to see most importantly my employees and the employees of my neighbor in business. Little Sama hurt because of this and you know we've we've staffed up because we expected this application process was just a formality. So I was very surprised when we got denied and were told that we had to take it down in such short order, so sorry. I know I'm over but I thank you guys for your time and happy to answer any questions that you guys want. Thank you.
Thank You Jack. We have Cindy Convery is she still in the house?
Okay
and then one zoom? Yay, we'd be disappointed if you weren't.
3:32 – 3:396 turns
Mr. Miley, if you're there, you can go ahead and speak. If you're muted, if you could unmute yourself. There you go.
I am unmuted and this is my last comment for tonight. So a six months transition period may sound reasonable And I know one restaurant I see as I drive down Ojai Avenue using the public right way, which is a sidewalk. And they have been doing that for a long time and it seems part of their business. And apparently the guest customers seem to like those locations.
Wait a minute. Did you hear me?
Yeah.
Yes. Okay. They seem to like the locations. But why not, why are we sitting this at six months? Why not permit outdoor eating or dining for a longer period than six months? Why do we stop it if it adds value to enjoy Ojai? And what are we giving up in the number of parking spaces that we're losing versus what are we gaining from all I think we should keep it.
I mean, the impact of the one and a half parking spaces on the benefit to Mr. Dwyer's business and to the employees and to the people that enjoy it there, it's always busy. It's not a very big facility, they were very limited in the space they could have. I just, I feel very passionately that we are not supporting our local businesses by doing this and with no other requirements for anyone else that applied for outdoor dining to have to terminate theirs.
I just disagree with the decision, and I think that the benefits of allowing a business to continue to use this as well as all the other businesses just so significantly outweigh anything else that is a negative towards this. And again we didn't get these complaints. These complaints never occurred. We had to elicit these complaints, and I don't know how serious they are.
What financial impact is having on these other businesses, but it would definitely have a negative financial impact on Topa Topa and you know that's as local business as we can get. They may have opened first in Ventura but he sure tried hard to open in Ojai first so I just I'm glad we're reviewing it because I think it was uh I just I think it's a I think it's a bad policy and it sends the wrong message, and it's unnecessary to remove this particular outdoor dining permit.
I'm
always inclined to support the judgment of the city manager after we've delegated to that person to act in what I consider to be consistent with what we delegated, in terms of that discretion. I see some flaws in the analysis that you presented, starting with the fact that there is no other outdoor dining and public right-of-way. This is the only one. It also is the one that, and this has surprised me talking to people around just walking around talking to businesses in town and people in town.
They really consider it an imposition in terms of not just the fact that it makes it difficult, you know. It takes up parking spaces and I want to point out that these are low or designated as short-term parking take to do services. In other words, there's a sign still right up there that says 10 minute. These were parking places specifically designed to support local services as opposed to tourist catering business.
That was part of the original design. I've also gotten complaints from people that feel like the sidewalk Act feels like, well you're not comfortable walking there because it's part of that business and not open for anybody to walk through there. So all I can say is that overwhelmingly in a course all of us have our own select people we talk to. I'm not going to say that I'm, but I tried to just talk to people in general about this And they feel like it, in particular being the only public right-of-way, imposition on public right of way. The fact is kind of it's not the most attractive thing in the world with the K rails and the fact that people just feel uncomfortable in terms of pedestrian circulation and that it seems to impose...
It almost seems to particularly be an imposition on some of the services we're trying to maintain for non-tourist people downtown as opposed to just the tourists. It's a close call, but I believe that All in all, I think the analysis is flawed a little bit in terms of the special characteristics of this situation. And I think that the important thing for me anyway is to show confidence in the judgment of the city manager on this situation.
3:39 – 3:5220 turns
Susan? Well, I'm also in support of keeping it. And I'd like to explain why. First of all, I've spent a lot of time on South Montgomery. You'll recall Bill we were there couple of times and asking for the speed limit to be lowered which I asked again but I deliberately drove From Ojai Avenue, down to Bryant Street and back three different times just to make sure there wasn't any problem with the structure when I made a turn. And I never had a problem in my big old van But where I did have a problem was when there was like a big van parked in front of Coffee Roasting Company because then you cannot see the traffic coming down Ojai Avenue. But I saw no problem, I had no problem whatsoever due to the structure and it occurred to me each time That that structure is actually safer than car parking because there's no cars moving in and out.
So I felt like the staff had mentioned something about traffic circulation, and I did not see any impediment from that structure as far as traffic circulation went. And my other thought is that It's safer, we do not know if the COVID restrictions will be reinstated. And that is my strongest thought is that people, all the people I've spoken with and there are 700 people who supported this on the petition. I think it might be 850 by now, the numbers keep going up.
They support this and people want to eat outside as much as possible. They feel it's healthier, they can breathe more freely and especially because we're a tourist town I think it's doubly important that we encourage outdoor dining versus being in indoors and especially if it does get more crowded with visitors and that sort of thing The other thought that occurred to me is that it's only for six months. I see no harm in helping Jack and these other businesses get back on their feet, we can reevaluate at the sixth month but at this point it's with the understanding that the structure is removed on January 3rd unless the council decides differently And I think that's the main thing. When I see a parklet like this, I agree that it's not the most attractive but I'm sure if it was made permanent then could be made much more attractive with plants if it was a permanent parklet.
But since it's temporary, I think he's invested enough and but it is really part of the vision to make that whole section of South Montgomery from Ojai Avenue to the bike trail and beyond, to the parking. If we want people to walk to that further parking, we wanna make that whole section as pedestrian bicycle friendly as possible. And my hope is that in the future, you could have more permanent park that's like that to continue outdoor dining but I'm definitely in favor of keeping it till January 3rd.
Go ahead, Randy.
So I think these are all good points. I think what I go back to is the fact that we had this discussion at our past council meeting and instead of being the deliberative body that we should have been, we delegated this to the city manager And I'm going to assume that the city manager treated all of these businesses the same. I have no reason to believe he didn't, and he used the same criteria for approving and not approving, and this is what he came up with.
Now, I'm not going to bring my personal self into it because I use that dry cleaner on a regular basis. But I'm just going to fall back on the fact that we failed to do our job the first time around and what we did is we delegated that authority to the city manager and now we want to have another meeting and take that authority away and I just disagree with that. So I'm going to support our city manager. I'm going to support the decision that he made and hope that we can move forward from it
Can I ask you a question, James? Do you see this as unsafe in any way?
That's a tough question. You know, I think for us, when we first did this it was... This was the most unusual of all of the outdoor dining and I think we had some immediate concerns. We went out, we put our K-Rail out to make sure that it was as safe as possible But I think we we did a good job of making it as safe as possible, but I'm not completely The fact that it's on a you know on a corner off of Ojai Avenue It's always going to be something. That's you know that were cognizant oven and try and you know trying to mitigate so So that's a tough one as far as If I didn't feel it was safe, we wouldn't have allowed it in the first place. But out of all of the ones we've permitted, it's the one that we're the most concerned about.
Bill?
I want to make another point and that is that I walked by there a few times recently and there's another thing that I think is hard to argue with. Among all of our outdoor dining, Impeding in terms of pedestrian traffic. I know Susan talked about being pedestrian friendly, well there are fixtures in the pedestrian path of travel used to service this area that are impediments And again, it's not only that it's a right-of-way street. It's also the fact that fixtures have been put in the sidewalk and the pedestrian right of way that impede pedestrian travel through this area by the business in terms of servicing this area. So I just think it has special characteristics that are, I think, argue for supporting the city manager's judgment on this matter.
Can I ask a question? Go ahead, Susie. When I look at the structure it didn't seem like it took up any more space than two vans and two vans would be where previously you know it was two parking spots so I don't really see that this structure impedes pedestrians more than two cars that are going in and out Thank you. The removal of one 10-minute parking space, is that what happened? Whatever was taken away can't we simply add and state the business hours because the cleaners has different There's some overlap because the cleaners I think closes at six, but perhaps the signage could make clear that during the cleaner's business hours it's for cleaners only.
Would that be something that staff could look into so that there's some way to resolve the issue of losing parking for the dry cleaners which are put in and out?
Yeah, that's something if Council identifies that as something That council is interested and we can look into adding some signage in those spots next to it
Thank you
I just like I mean I've agonized this. I knew it was gonna come down to like this For two weeks and I've gone back and forth. I've talked to so many people neighbors people on the street local businesses I met with Jack I sat there on Saturday night and I really feel like this is on the right side of history, meaning that the way we're moving is to more pedestrian-friendly and bicycle friendly and slowing everybody down. And being outside and enjoying each other's company.
So I wouldn't want to single out one business when we're giving it to everybody.
So the mayor, my final comment is the fact that we have one business that's adversely impacting three local businesses. So we're choosing to pick one business over three and that I think is a concern. And again whether you give a 10-minute parking stall, again you've taken that parking stall that someone could be parking there for a longer period of time away from another business.
And again, it's this as much as I appreciate your comment about open space and more tourism and more of this. Um, I also keep hearing that that's something we don't want because we don't want these tourists and we don' t want this community to get like Santa Barbara or to get like Newport Beach So it's so interesting watching this discussion and how it pans out. But like you said, I think we gave the responsibility to the city manager. The city manager made a decision and I'm just...I have to support him in that. So I'm ready to take
a vote. I'm not done with comments. I would like to point out that whenever the city usually when The, when a decision is made there's an appeal process. Right? Even though we respect, we may respect the staff's decision but there's usually the person affected, the business can... There's an appeal process in this situation that because it was an emergency, there was no appeal process so one of the reasons it's back There was no other way to bring it back. Am I right, James?
Yes, so because this was a COVID order it is not something that is appealable. The outdoor dining programs were COVID emergency orders so there was no appeal process
for this court. I think Curiosity Matt would have been subject to a writ of mandamus because it was a final decision?
Yes Mr. Dyer or his counsel could have brought a writ of
mandamus. The next layer is Suzette's final administrative decision so they still had the court they could've gone to if they really wanted to.
And I'll note that their council was surprised that they did have a remedy to go to court and they chose to go to council, which is of course also their choice.
So if I may make one more comment, I do hope that staff follows through on making South Montgomery 25 miles per hour the same as North Montgomery. Ultimately, as you all know I would like every street in Ohio to be 25 but that's a different topic and also my safety concern is that crosswalk in front of The coffee roasting company, which is right next to Topatopa Brewery. Because when I went there at dusk, I could hardly see the people waiting to cross and I don't know when...
I know we've discussed that but if there's a safety concern, I think the main safety concerns on that corner-
Well, we'll have to talk about that later because it's a separate issue. Are we ready for a motion?
3:52 – 4:0121 turns
I'll make a motion that we adopt, well I guess it's not a recommendation. That we do not remove and force Topa Brewery to remove their outdoor dining and rescind their permit and extend it to January 3rd 2022.
May I make an inquiry on some specifics in that motion? Does that motion include allowing them to maintain the impediments in the pedestrian path of travel that they currently have?
I don't think they're permitted to have that. So, I don't think that would have anything to do with the TUP that they've been issued. Okay. Am I wrong?
No.
Oh, I'm... I
mean, they're
not permitted to have any impediments so it's a different issue. I just wanted to clarify. What
specific impediment are you talking about?
They have fixtures in the sidewalk path of travel You know, do we have a... Well I've seen them. I don't need to ask. They are there.
Yeah well if it's up to the council whether we're willing to let Jack talk in. I don't know anything about it so... I apologize. I've been there a million times but I don''t know
what you're talking about. Are we opening this up to public comments? No Mayor unless we're going to do it properly and we need to open the meeting to public comments
Well, we always had to take public comment and we took it before so the council could take further comment again. The mayor can make the decision that council can override as desired. So Mayor... I'd like to hear
the answer to that. Yeah, um, I am unsure of any impediments. Um, we don't store anything out there. Uh, the sidewalk is placed and again, to James point, it was approved uh, and it's, and it appears to be in compliance If there's any specific impediments, I'm sure we could get cited by city staff and remove said impediments on a reasonable timeframe.
Ryan, can you ask staff to look into adding the 10 minute parking? Another 10 minute parking spot or having signage on the existing 10 minutes parking that indicates that it's only for during business hours for the cleaners. How do I say this? You get my and then after 6 p.m., anybody can park there.
If I can paraphrase it, can we ensure that there is a 10-minute parking spot fully available for the dry cleaners consistent with their business hours? Yes. I'd include that in the motion.
All right. We're ready for a vote.
Roll-call vote Passed 3–2 motion. All right. We're ready for a vote.
Show transcript
Okay, thank you very much and we're gonna skip number eight all right moving on to council member reports
I'll start. I had an air pollution control district meeting again today, we passed our budget which is always a good thing the new building is now complete we only have to finish the parking lot which is another couple hundred thousand dollars like everything else and but at some point I'd like to invite everyone to at some point we're gonna do a ribbon-cutting it's a really nice new building it's gonna save the air pollution control just a lot of money by not having to pay rent and have anything on site, and we're also redoing a portion of the parking lot for the neighboring church to ensure that they can easily ingress and egress out of their lot through ours.
And um... The parking lot today seeing pictures of it did remind me of a couple streets in Ojai so we do need to get working on our repaving program now we have some money back in the coffers But I just want to reiterate that there are a lot of programs and money available for all kinds of things. By the way, the last step ironically at APCD to finish the building will be not only doing the parking lot but then it's the EV chargers that go in very last, of course.
But there's lots of programs out there. We were briefed on a few of them again, the favorite one I always like talking about is designed to minimize air pollution coming in specifically to the Ojai Valley and to ensure that the whales are saved out in the channel by paying shippers to go under a certain speed when they go through the Santa Barbara Channel that alleviates the impacts that they have on whales And also limits the amount of pollution that specifically was one of the key elements why we got our local air pollution numbers back within federal and state guidelines in the Ohio Valley. So just want to say how happy I am about that, and I think that's it so.
Thank you Sousa? Just a reminder, Sunday 11am is the Pride March Libbey Park so be there. Be square!
Just a couple quick things. VCTC is engaged in a visioning exercise looking far forward, and they've done a good job of trying to really cast a wide net and getting input from many different points of views. But I have been impressed that they really are trying to reach out and sort of redefine transportation in terms of the future. A couple other inputs I've had in that they made at one point a big point about how they could use existing railroad right-of-way along the Santa Clara River for broadband installation very inexpensively because it was an existing railroad right-of way. One of the things I asked the new IT head for the county was, well why don't you apply the same analysis to our right-o-way?
In terms of the right away that basically use a plowing technique to be much more cost effective in terms of being broadband to the Ohio Valley. So they've agreed that they were going to do that and they hadn't because they were claiming that they had to go aerial and I asked why the same analysis couldn't be applied to the One of the things that Mr. Camarillo did not mention, he really is quite a visionary when you speak to him and I've had some interesting discussions about how to use the closed landfill sites that are under the jurisdiction of VRSD that I'm on the board for to just reimagine both closed and existing landfill sites as environmental parks In other words, looking at them much more broadly and much more expansively.
And the other point is that they are very interested in partnering. They are serious when they talked about partnering with local jurisdictions, they are very serious about it. So example if we wanted to get a local diversion food waste composting our anaerobic biogas type of situation set up in Ojai, they're more than willing to talk to us. We are so blessed to have a couple of organizations like that, and I would argue that all of us in this whole town should think about the kind of partnerships we might want to form with them to do some really important pilot projects for sustainability here in Ojai.
Yeah, we've looked at some of their stuff with APCD2 and it is they are amazing. I mean they really are. You hear that stuff today the soil that comes out of there's top quality. It's really an impressive thing and they're expanding quite a bit and you know that's the future for sure.
4:01 – 4:0730 turns
There are a couple projects completed this week that we just wanted to let people know about. The turf hill at the Libbey Park was officially remodeled and we're pretty excited about it I think We're hearing really positive comments. We went out there, you can see the cardboard in this picture people are sliding. It's
really
slippery. Yeah. I went down it, I'll admit it and... Yeah, it looks like that in real life. So if you haven't been out there check it out Also we talked about the Topaz curb cut and that was completed last week as well Which was a long ongoing project so another positive step there And then people may have gotten a strange alert on their phone hopefully if they've downloaded the app Last week when we had the gas line issue We did for the first time send out an emergency notification through our MyOhi app, which this is an image of the MyOhi app. So just a reminder to everybody and even some of our staff people today said well like you know I didn't know it did that too so everybody started to download the app.
Anybody who, there's a lot of uses for it. Obviously you can file or report any issue but one of the cool uses that we're going to try to use it for is emergency preparedness and so that was the first. Think everybody's aware. There are a couple of fires outside of the city limits none that particularly came very close to the city or Got out of hand, but if those did that this would be another thing that we could utilize this for so Anybody watching us take a minute now and download the my oh hi app and you know get that on your phone I did receive a notification uncle I can confirm that
people love that app It's great
Get the word out. You know, that's we'll probably start trying to get it get some advertisements and things going And then last thing I actually just wanted to give some kudos We met with the chief yesterday and and he is preparing to do some some speed operations I guess is what we're calling it enforcement operations. And so we won't divulge too much, but police I think the Sheriff's Department, the Ojai Police Department they're hearing the concerns and they're going to do some speed operations in coming weeks. They've also added some bicycle patrols through the parks in response to some of the recent vandalism. So we just want to let people know that that's going on as well.
Thank you Chief.
That's all I have. Thank you.
Okay, and future agenda items? I have something. Randy?
You had one.
What were we
talking about earlier? Yeah, I had it written down here. We just wanted to bring back animal regulations.
That doesn't require two votes, right? That's supposed to come back anyway, right?
No, that one was directed
by
council
to come back.
Yeah. Can I say something about that? Yeah go ahead Susan. Bill already turned in his term sheet like over a year ago and I was working on it And then during COVID, it went to the back burner. But I'm aware that I need to turn it in this summer and I also have the thought that this would be better with a public hearing in person. I think there's a lot of interest in it. Horse people will want to weigh in and people have backyard chickens But I really like what the speaker said. They said even if it isn't perfect, we need to pass it because I have to remember we can always amend it. So I will bring it back. I take responsibility because Bill did his end already.
Sir, I didn't understand what just took place.
What she was talking.
I put something on the agenda and then I don't know what Susan was talking to. I
think we're the people working on the animal ordinance that council members
so when animal keeping came forward to Council prior it was the council agreed it was pulled in and Councilmember Weirich and Councilmember Francina were asked to provide feedback on it.
So, I provided a written list of responses and Susan saying that she It's just getting to it.
Yeah, so what I'm hearing is it'll be agendized when you two get it back to the city manager. Is that what I just
heard? August 10th. I'm going to bring it back. I am going to turn it in July. It will get done. Not July.
Well, I just wouldn't know what
people were
speaking to.
Just
in the same category of ongoing projects, just I'm not pushing for any particular, you know, just getting a sense of when maybe your thinking and your thinking I'm Is that on the horizon? So
4:07 – 4:0815 turns
we're currently planning to put it on consent for August 10th, with the consent item being the direction on how to move it forward. OK. All right. So short answer is yes,
August 10th. All right and the long overdue review of the forestry management plan, urban forestry management plan? We're years behind on that.
Yeah so that one we're planning to have a meeting to review it in July not a council meeting but a staff you know staff in the arborist meeting in July I would expect to bring that back at that second meeting in August or the first in September.
And then, do you guys have a plan for bringing back the visioning statement? General plan
when
you think that might come back?
Yeah, so my hope. I have that right now scheduled for August 10th because I think it's a priority that was identified by the
council
as a priority. And we're going
to be here all night on August 10th, right? Yes. That's why I'm pointing out. I'm not saying everything has to be August 10.
Right. Well, and Bob Roper is coming to give a presentation about
emergency
preparedness. So between those, that's a full agenda.
We may want to punt a little bit. But I just wanted to get on the record these are continuing things. Yep, exactly.
All right, is that it? You guys want us to keep going or... Okay. I got the symbol! Okay well thank you for a lovely civil and fruitful evening so we're adjourned.