BodyCity Council
MeetingRegular Meeting
Date📅 November 9, 2021

UnGovr Transcript

iHow this transcript is madeUnGovr transcribes the official recording with automated speech-to-text, separates speakers by voice, and matches voices to the seated roster. Names and attributions are AI estimates and may contain errors.Verify any quote yourself: click anywhere in the transcript and the official video jumps to that exact moment, so you can check any quote against the recording.
  1. PendingQueued for transcription.
  2. AIYou are hereAuto-transcribed and summarized; not yet human-verified.
  3. VerifiedReviewed and corrected by a person.

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

0:00 – 0:0516 turns

ElectedBetsy StixMayorProposed · by role0:00

May we have the roll call please scale.

Roll call — called by City Clerk · 1 under review
Show transcript
Mayor sticks here, Mayor pro tem why Rick here, Councilmember blasts Councilmember Francina here, Councilmember Haney, the steady Eddie is here.
Pledge of Allegianceceremonial · click to expand
ElectedBetsy StixMayorProposed · by role0:15

Welcome to the November 9 2021 meeting of the Ojai City Council, Randy would you please lead us in the pledge.

UnidentifiedUnidentified speaker 1Proposed0:27

Please raise your right hand over your heart and repeat after me.

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

ElectedBetsy StixMayorProposed · by role0:45

Thank you.

Agenda Discussionitems moved / continued / pulled — click to expand
ElectedBetsy StixMayorProposed · by role0:47

And now we'll have the approval of the agenda. All in favor?

UnidentifiedUnidentified speaker 2Proposed0:50

Aye. Cheers.

ElectedBetsy StixMayorProposed · by role0:51

Aye. Ryan? Can you hear me, Ryan?

UnidentifiedCity ClerkProposed · by roll call1:01

I'll take that thumbs up as a yes.

ElectedBetsy StixMayorProposed · by role1:04

Okay. All right, thank you. Any presentations change.

UnidentifiedUnidentified speaker 3Proposed1:08

Oh no presentation

ElectedBetsy StixMayorProposed · by role1:10

and no

commission reports.

UnidentifiedUnidentified speaker 3Proposed1:13

There were none in the signup list but I'll confirm that with the city clerk. Yeah, where there any commissioners signed up.

ElectedBetsy StixMayorProposed · by role1:24

Okay, thank you. All right, we'll move on to public communication. First we have Ron Solorzano. Thank you.

CommentRon SolorzanoProposedself-stated1:39

Alright. Thank you so much members of council my name is Ron Solorzano and I am the regional librarian here for the Ojai Valley. Tonight I wanted to give you another update on the operations at the Ojai Library This part's a recap, or reminder. The Ojai Library is currently open for our full seven-day-a-week schedule. Customers are able to enter the library, access our collection and more and more of our typical programming is returning to meeting in person.

Our library continues to comply with all state and county guidelines relating to COVID safety which means that face coverings are currently required for all customers who are visiting our building. Tonight, I'm particularly excited to share with you all that the Ojai Library has begun collaborating with the Ojai Community Farmer's Market to deliver a storytime program at the farmer's market on the second Thursday of every month.

While we will not be holding this program in November because the second Thursday falls on Veterans Day, we will resume our visits in December and we are so happy to be working with the folks out there. The storytime, I believe takes place at 330 out there at the farmer's market. Right now, we're also running our online fall reading challenge for our young readers. The challenge will run through December 17th and kids can log their minutes read online as they meet their goals, they can become eligible for prizes which they can then pick up at the library.

We're also offering our pause for reading therapy dog program on Wednesday afternoons Family STEAM outdoor activities for children ages five and up on the first Wednesday afternoon of every month. We have an outdoor story time at Miners Oaks Elementary School, presented by our mobile library that's every Friday at 1030am. And we have our parent and child together classes going on at the Oak View Library every Tuesday morning.

And then of course the Ohio libraries own homework center is back in operation and is open Monday through Thursday after school. On the adult side we have, of course our ukulele club which continues to meet on Monday mornings at 10am. We have the Shakespeare Salon meeting in the evenings on the first and third Monday of the month, and the Ojai Poetry Series meeting on the third Tuesday of each month in the evening. If you want more information on any of these programs, you can contact the library or you can visit our website at www.vencolibrary.org And that's all that I have for right now so thank you so much for your time. Please reach out to me if you have any questions at all. Thank you.

ElectedBetsy StixMayorProposed · by role4:31

Thank you, Ron. Wow, lots going on. Yeah. You deserve a round of applause.

UnidentifiedUnidentified speaker 2Proposed4:39

Keep it going, Ron, keep it going. It's great.

ElectedBetsy StixMayorProposed · by role4:42

Any public comment on Zoom, Gail? None. OK, great. All right, we'll move on to the consent calendar. A motion to approve everything?

UnidentifiedUnidentified speaker 2Proposed4:50

Mayor Stixx? Yes. I would like to pull item F and L for comments.

ElectedBetsy StixMayorProposed · by role4:56

OK. All right.

UnidentifiedUnidentified speaker 2Proposed4:59

And I would move to approve everything else. Okay, second.

ElectedBetsy StixMayorProposed · by role5:03

Okay. All in favor. All right. Excellent. Okay for item f. Are there any public comments on that Gail.

UnidentifiedCity ClerkProposed · by roll call5:15

No public

ElectedBetsy StixMayorProposed · by role5:15

comments.

UnidentifiedUnidentified speaker 2Proposed5:18

We have the, Mayor we have the chair of the HRC here and historic, excuse me HPC Historic Preservation Commission. And he I just thought it appropriate that he come forward and just make a few, a couple short comments about our nominees. And then after we ratify there'll be a formal presentation for the award so that would be my request that we invite Mr Atkins forward.

ElectedBetsy StixMayorProposed · by role5:39

Excellent. Thank you.

0:05 – 0:2027 turns

UnidentifiedUnidentified speaker 4Proposed5:47

Hello Council, I did fill out a blue card. Can you hear me okay? Am I coming through? I'm happy to be here representing the Historic Preservation Commission, that would be my commission comment for the night. This is perhaps the most one of the more pleasant meetings that I enjoy coming to council each year and that is when we're presenting our historic awards to the recipients that are being recommended tonight to the City Council.

We have four individuals. Sometimes people wonder why do you do so many? We started doing oral history interviews back in 2012, started with one of our nominees. Our goal is to record them before we can't. So we're glad to take the opportunity to recognize people when we can and share that with them especially when I saw the budget tonight was only $55 a plaque.

You know, I could support that.

UnidentifiedUnidentified speaker 2Proposed6:51

You need a donation just ask.

UnidentifiedUnidentified speaker 4Proposed6:55

There we go. So first person I'd like to mention briefly is Claire Hill. Some people think of Claire as the spouse, the wife of Terry Hill. Those of us that know Claire Hill think of Terry as the husband of Claire Hill. Claire has done quite a bit of things she is supportive of her husband Terry Hill, I know them well. Know them both. They're wonderful people. She has also as it notes been on the museum.

One quirky thing that people may not know we went out to visit Westway's property that's at 700 San Antonio normal and we had a opportunity to go and tour the facility while Terry was non ambulatory at the time so Claire drove he and Terry out. Terry stayed outside in the car. Claire did the tour And kept coming out and reporting to Terry and asking if she had gotten all the questions answered that she asked him to.

Mighty fine job. The other person, another person, and these are for annual awards, another person we recognize is Dwayne Bauer. It says in there one of the things we're recognizing him for is his preservation of historic properties. Uniquely those historic properties are in the form of automobiles, trucks, vans anything that Bauer family has ever owned they have as well as other things. Most importantly is and you saw this a couple years ago when it was debuted is the carriage that was used by Sadie Sewell that now has been fully restored after being in storage for a number of years. Also, you all know when you come down to see the jail, you'll see the mock-up of the Ojai police car. You may not know that Edsel was actually it and his sister Edsel were actually sold here in Ojai when they were brand new.

And the person that bought that car kept it for a couple of years then traded in. They called Dwayne and said hey, it's available would you like it? Thank goodness. So they are being recognized for annual awards. Alan Raines, again, Alan Raines when we started in 2012 was our first oral history interview that we've conducted. I've been at all of them. We've done about 35 to 45 since then and it's wonderful always to see Alan Raines.

You need to know what he's being recognized for just take a walk in the arcade. And think about everything that's radiated from Alan Raines and his lovely wife. And last of all, and Alan Raines is being recognized for Lifetime Achievement Award or other nominee for the Lifetime Achievement Award is Cricket Twitchell. I asked, Cricket is the one that brought The Walking Tour to Ojai.

And it happened that she happened to hop on a walking tour in Savannah, Georgia Been in Savannah, Georgia. That's a lovely place to steal historical things from. And so she brought that walking tour to Ojai and has kind of overseen that. We are currently talking in the museum about hoping to get that walking tour back together again. So that's wonderful. So again, those are the four people that the Historic Preservation Commission has recommended for these awards.

If they are ratified tonight then I will contact each of them tomorrow to let them know that that has taken place They're very appreciative of the recognition they've received so far and also tell them that I'll be staying in tune with the two of you or with the council as to when the awards will take place. Again, I want to thank Councilman Wyrick for polling this. I know that he talked to Mayor Sticks in making this happen and even James was jumping in on emails that were going back and forth yesterday. So again, thank you very much.

UnidentifiedUnidentified speaker 1Proposed10:57

Ryan, on these oral interviews that you said you started with Alan Raines. Where are they archived?

UnidentifiedUnidentified speaker 4Proposed11:03

They are currently archived in two locations. One is on rather large terabyte-sized drives that I have at home. That's where I download them first of all when I come home with the video equipment and then they're now uploaded onto Dropbox. And Dropbox is an account I set up for the museum

UnidentifiedUnidentified speaker 1Proposed11:26

For the museum?

UnidentifiedUnidentified speaker 4Proposed11:27

Yes.

UnidentifiedUnidentified speaker 1Proposed11:28

Okay, so that's actually the only place that someone could access them is to go through the museum. I'm just wondering if there's a way of sharing those with our apparatus displaying them within the city. So again, I think these interviews are incredible and important and you can't bogart them. You've got to share them.

UnidentifiedUnidentified speaker 4Proposed11:56

Well, there was a catch. Originally when they were set up and when we shared with people, we told them you're free to come and watch those in the library at the Ojai Valley Museum. Kind of a little bit of a catch there. However, you know we do have a heart so when these folks have passed away. I usually get in contact with the family and ask them if they'd like to copy and I put that on a flash drive and get it

UnidentifiedUnidentified speaker 1Proposed12:22

well yeah you know what happens every time that every time that we do a landmark we get this. Dictionary, or not dictionary but pictionary of that site. And it's there's just so much information in it. And it just seems like you know when we're channel surfing on the weekend and like this weekend I watched a lot of the planning session. It just seems like while we're doing that and all of a sudden we just come across someone being interviewed as a One of our great citizens. It just seemed to be a great opportunity to actually take 10, five minutes and hear and listen and remember.

UnidentifiedUnidentified speaker 4Proposed13:05

Randy I agree with you 100% and I'm very happy to work with James. I do a lot of family history the best archive for family history is sharing it And so I'm all about sharing in all of it. And these are key, important and back stories. So I'm sure you appreciate that.

UnidentifiedUnidentified speaker 2Proposed13:26

Thank you.

UnidentifiedUnidentified speaker 4Proposed13:27

Now

UnidentifiedUnidentified speaker 2Proposed13:28

I'm going to move approval, move a ratification. Thank you.

ElectedBetsy StixMayorProposed · by role13:32

And I'd like to say thank you, Brian and congratulations to all the nominees for preserving our history and supporting our town. We learned through the stories so thank you.

UnidentifiedUnidentified speaker 2Proposed13:44

That's just ratification of this item online.

ElectedBetsy StixMayorProposed · by role13:48

Okay. All right,

we'll move on to item we need to vote. Yep. Okay. Roll call please. Yeah.

Roll-call vote Passed 4–0 move on to item we need to vote. Yep. Okay. Roll call · 1 under review
Show transcript
Council Member Blatts. Yes. Council Member Francina. Yes, Council Member Haney. Yes Mayor sticks. Yes mayor pro tem why Rick?

Okay, great. We do have one general public comment. Deborah Mo can we want to do I first,

UnidentifiedUnidentified speaker 6Proposed14:16

or a mayor I might suggest completing the consent calendar then taking the comment.

ElectedBetsy StixMayorProposed · by role14:20

All right, let's move on to I

UnidentifiedUnidentified speaker 6Proposed14:22

know,

UnidentifiedUnidentified speaker 2Proposed14:23

actually, sorry, the reason I'm bringing up bill is I just want us to start thinking about something that I previously alluded to. And that is that. More and more voices are repeating the idea that, you know, how do we transition from pandemic to endemic? I looked up a little—I spent a little bit of time. The first person I saw that mentioned that this virus will never be eradicated was Dr. Fauci in July of 2020 The WHO had a press conference in September of this year where they had a number of people at the press conference saying, this is something we're going to have to learn to live with. It's going to be circulating to give a quote, I think this virus is here to stay with us and it will evolve like influenza pandemic viruses that will evolve to become one of the other viruses that affects us.

I could go on for citing other authorities and point out that why a respiratory virus is not like smallpox or measles or polio, it's going to become something permanently part of the human ecology. The point I'm trying to make is that I don't, if it's something that's going to be with us. What are the benchmarks? What are the criteria that we will use for saying okay you can't be...I don't think anybody believes that we're going to be in a permanent status of local emergency at some point when are we going to make the transition of not continuing the existence of a local emergency because it's something that we are, it's gonna be with us forever basically.

I'm not saying the criteria is... I don't even know what the criteria would be but I think it's important to start to think about as we transition from pandemic to endemic which is what the global health authorities are saying we're doing right now At what point do we incorporate the public policy implication of that? Which is to move from emergency status to a managed status where we have learned to live with it. And what would be the criteria in the city of Ojai for whether or not we're gonna continue with the local emergency designation, which I would contend the overwhelming evidence is clear It's unless we want to be in a local emergency forever, unless we want to wait for eradication.

We need to think about what that criteria would be and that's all I wanted to say.

UnidentifiedUnidentified speaker 7Proposed17:07

I have a statement, then I have a question of the city manager. According to California law, a local health emergency can only be called if there is an imminent and proximate threat of an introduction of an infectious disease. In other words, an emergency according to how I understand it is immediate and at hand. And now we're Going into the toward the end of the second year, I believe. So when I read the ordinance that we're asked to adopt, there's a number of statements that my research, you know, I'm not in agreement but I want to know are we forced to adopt this in order to get the funding?

That to make up for the things that happened, or is it even an option. If some count if we didn't want to adopt it as what can you help the public to understand the fight the finances and the reason for.

UnidentifiedUnidentified speaker 3Proposed18:13

Yeah,

UnidentifiedUnidentified speaker 7Proposed18:14

yes.

UnidentifiedUnidentified speaker 3Proposed18:15

Yes thank you for the question. So for us a couple of points up front so the federal government state government and the county of Ventura all have health orders in place or have declared emergencies and then the county of Ventura still has been issuing and has a health order in place requiring masks through We expect through the end of the year. And so, for us when we are looking at whether to weather when I'm looking at whether to recommend extending the city's declaration, I'm looking at those factors I'm looking at Possibility that the county or the state issues orders over the holidays, as they did last year people probably remember there were you know different orders that limited what businesses can do. And we had to act quickly to allow businesses to move outdoors using our emergency powers.

So I think as far as like what, what would we expect Why would we extend this order within the city? I think there's really three main reasons. One, as you mentioned, as part of being in a declared emergency, we still are tabulating all expenses related to the emergency and we're still eligible for potentially for funding for all of those expenses. So if we were to end the emergency, we would not be eligible for those any further.

We still, like I said with health orders in place from the county there's still a potential of us needing to do something in response to those if businesses were shut down or businesses are you know indoor business was shut down. And then there was a third one that I that I. Oh yeah, we have a couple We've ended all of our executive orders but there are a couple of programs in place that are only in place because of our emergency power at this point which is the outdoor dining, the outdoor recreation programs.

So if we were to end our emergency order those programs would also be in jeopardy so for us it's just about allowing us to be able to respond and be eligible for for the funding and respond to the needs of the community based on the orders that come out from the state So for that reason, we're recommending continuing the declaration at this time. I

0:20 – 0:267 turns

UnidentifiedUnidentified speaker 7Proposed20:49

have one more question and another point. I think it's important for the public to understand and many people do understand that it's the emergency order Correct me if I'm wrong, that justifies what some people consider excessive mandates. It's the emergency that justifies. That's the justification. But my question is this comes before us every 60 days, correct? Every 60 days. Yes. And so is this resolution the same for every city With the wording basically the same, are we allowed to change the wording? Not this time of course but in the future without jeopardizing funding or does it have to be exactly like this?

UnidentifiedUnidentified speaker 6Proposed21:43

The funding is tied to the status not to the wording. Cities are all relatively similar but the council's not required. A you always have a choice nothing is forced period and B The recommendation regarding funding and the outdoor programs can be maintained with the status being continued. The language of the resolution could be modified, and I would add as a final comment to add to the City Manager's comments The programs that exist by the emergency powers right now could be modified with some time to figure out how to do so, to exist other than the emergency power. For example, outdoor dining doesn't have to exist solely by the emergency powers. That could exist under regular order but we couldn't do that tonight. Hence the recommendation for an orderly shift if the desire is to shift away from the extensions.

UnidentifiedUnidentified speaker 7Proposed22:36

Okay thank you for those clarifications.

UnidentifiedUnidentified speaker 1Proposed22:41

You know, this is one of those issues that I think I was reading today that a teacher was having a heated discussion at one of the middle schools here in town. And ultimately she ended up losing her job over this discussion and other things. So I think we need to understand that there's... I listened to Bill, I think he's a bright guy and I listened to Suze, I think she's a smart woman but We're at 75% in this county of all of us receiving the majority of our shots. So we're safe because of what we've done.

And so contrary to, I'm just gonna push back a little. If you look at the Inland Empire, you look at San Bernardino County, you look at some of these areas that haven't reached the level that we have. They're not as safe as we are and therefore there's reasons to keep things like this in place. So I'm willing to have this discussion. I'm even willing to agendize this and actually get more information but we're safe for a reason. We're safe because of what we did We're safe because of how we acted.

So, we can have this dialogue but we gotta remember what we are and who we are and what we've overcome. And that's because of the directions that we've taken as a community. Now there's some of us that disagree with that. You know what? That's okay. We can disagree. But I don't think we're just not gonna have a one-sided discussion on this. There's a lot of unsafe communities here in California, we happen to be this county one of the safest and the reason is because of the actions that we took. So you guys can see where I'm at on this, We need to do whatever we need to do, to make sure that we as a community are as safe as we can possibly be.

UnidentifiedUnidentified speaker 2Proposed24:55

Yeah just to reiterate what I'm trying to get at Randy is let's logically think of the implication of moving from, you know, emergency orders that are based on a definition of pandemic which inherently implies eradication as possible to a situation where we know at least it seems to be developing that we understand that eradication is not possible. And just raising the issue What are the criteria? Remember I used the word, what are the criteria for returning to regular order. That's the question I raised.

UnidentifiedUnidentified speaker 1Proposed25:36

Well as I'm saying agendize it and let's have that discussion.

ElectedBetsy StixMayorProposed · by role25:41

I'd just like to add one point because the word endemic means that the virus continues within a geographical area and the impact is manageable And it's not manageable at this point. As of yesterday, we had 72,000 cases per day in the U.S., 47 people, 47,000 people in the hospital and 1,200 deaths. And Dr. Fauci said that we haven't controlled 10,000 cases per day so we still have a far, we have a lot you know that's a big distance and with uh the weather changing people going inside and there'll be more travel during the holidays We're still in an emergency, I feel.

0:26 – 0:3127 turns

UnidentifiedUnidentified speaker 2Proposed26:28

I just asked about thinking about criteria.

ElectedBetsy StixMayorProposed · by role26:30

Yeah, I agree and moving forward for sure. Do we need a vote on this?

UnidentifiedUnidentified speaker 3Proposed26:37

Yes.

ElectedBetsy StixMayorProposed · by role26:38

Okay. We

UnidentifiedUnidentified speaker 1Proposed26:40

have a motion on it so move to approve.

ElectedBetsy StixMayorProposed · by role26:43

Yep okay roll call please Gail.

UnidentifiedUnidentified speaker 6Proposed26:49

We need a motion. I was Council Member Haney, is that a motion? And then is there a second?

ElectedBetsy StixMayorProposed · by role26:55

I'll second

Roll-call vote Passed 4–1 motion? And then is there a second? I'll second it. Okay roll call
Show transcript
it. Okay roll call please Gail. Mayor Sticks? Yes. Council Member Haney? Yes. Mayor Pro Tem Wyrick? Yes Council Member Blatz? Yes Council Member Francina? No
UnidentifiedCity ClerkProposed · by roll call27:12

Okay,

ElectedBetsy StixMayorProposed · by role27:13

thank you. All right we'll move on to a discussion item and just a reminder that in terms of protocols for efficiency let's have questions from staff and we'll save our comments until after the public comments and then just make sure that all deliberation goes through the chair. Okay so we'll move on to number two discussion item review of cannabis regulations.

Go ahead James thank you.

UnidentifiedUnidentified speaker 3Proposed27:39

Yes thank you We're going to pull up just a brief presentation on this item. But I did want to note for those in attendance, we know last meeting it was hard for people to see the slides so we do have printouts of the slides on the stage here as well. We

ElectedBetsy StixMayorProposed · by role28:12

can I interrupt for one second. I'm sorry we had, we had two public comments that were late. Can we do those right now? Sure. Sorry. First Debra Moe and then Chet Hilders.

CommentChet HildersProposed · by introduction28:29

Good evening, Deborah Moe Ojai forever. I am here to complain about our roads. I want to know where our gas taxes are going, our roads are atrocious here in Ojai. I'm working with some people from the Arbolada and from Midtown on this, and it seems that It comes up and then it goes away. Comes up on our council, and then it goes away. And the potholes are not going away. The roads are not getting any better.

I live next to a woman that is in a wheelchair and got stuck in a crevice so to speak. And I know that California is number one in the nation For high gas tax, we have the highest of $1.19 I read today and where's that money being spent? I'm just curious, I'm concerned my car hates these streets and they don't seem to be getting any better so that's my gripe And I want to put it out there.

I'm working with the team to go farther. Thank you.

ElectedBetsy StixMayorProposed · by role30:07

Thank you, Deborah.

UnidentifiedUnidentified speaker 3Proposed30:09

Mayor I can just know quickly, we brought the pavement management plan process to Council a couple months ago that is being finalized over the next month or so with the plan to pave early 2022. So we're on it, we were on a two year paving cycle. We were do end of this year, early next year for the paving and then we will be moving to an annual paving cycle from there.

CommentChet HildersProposed · by introduction30:34

Now I want to ask, are there certain...

UnidentifiedUnidentified speaker 3Proposed30:37

I do want to just point out for the public comment it's not intended to be a back and

CommentChet HildersProposed · by introduction30:42

forth.

UnidentifiedUnidentified speaker 3Proposed30:43

So you can contact my office though or you can email me at vega at ohio.ca.gov

UnidentifiedUnidentified speaker 2Proposed30:53

Mr. Summers would it be okay for Mr Vega to just say Of the total amount of we budgeted for the pavement pro overlay program what percentage comes from gas tax from the state. Yes, of course brief information like that would be fun

UnidentifiedUnidentified speaker 3Proposed31:06

yeah so for Ojai we don't get as much as I think people assume from gas techs we get about $200,000 a year and our total

UnidentifiedUnidentified speaker 2Proposed31:14

overlay budgets around one point

UnidentifiedUnidentified speaker 3Proposed31:16

One point this year we're hoping to get to about 1.1,

UnidentifiedUnidentified speaker 2Proposed31:20

1.2 roughly 10% or less comes from the gas tax and the rest is from our internal budgeting.

UnidentifiedUnidentified speaker 3Proposed31:27

Right? Correct.

UnidentifiedUnidentified speaker 6Proposed31:28

And the rest of the gas taxes flows to the county, the state County Transportation Commission and other governments.

ElectedBetsy StixMayorProposed · by role31:39

Thank you. All right, Chad Hilgers

0:31 – 0:416 turns

UnidentifiedUnidentified speaker 8Proposed31:45

Thank you, thank you everybody long time no see. Thank you staff. I just want to read this into the record but I've had a nuisance that's been plaguing me and my property for quite some time. Some of you are aware of this, but I'm here to talk about an ongoing nuisance on my property over this past weekend my tenant on my property held an unpermitted illegal two day wedding event on my property for over 100 people again Complete with temporary kitchen, amplified music, lighting and tents. A full bar inside on my property and a serve yourself beer and wine trailer parked on the street in only one exit five feet wide for 100 people.

The driveway was blocked with a kitchen and tents. What was lacking was any kind of permit, insurance, ABC permit to serve alcohol on the street, public safety plan or emergency vehicle access. There was no oversight or permission from me, the owner of the property or the city manager, police department, fire department code compliance as required by a city issued conditional use permit or temporary use permit.

Zero fees paid to the city for a $30,000 to $40,000 wedding. None of us would know the extent of the health and safety violations because the events are unpermitted and illegal. My tenant has held events here recently and myself and others have filed complaints formally with the city and nothing has been done. Why? It has been brought to my attention that another 100 plus person event will occur this Thursday on the 11th on my property.

If there were an incident that occurred during one of these events, the property owner would be sued. That's me. Then the property owner, me, would sue the city for allowing this nuisance to continue. The illegal events pose a potentially dangerous situation with which the city has known about for years, yet the nuisance continues unabated. Why? I've been threatened by my tenant's attorney to stay away from my own property.

It's time for action. I'm asking the council to direct staff to write a letter acknowledging and addressing past unpermitted events, and that future unpermitted events must cease. Deliver signed copies of the letter to my tenant and myself. I'm also asking the city manager to direct code enforcement and the sheriff to stop the illegal event from happening on this Thursday, the 11th.

This is all very, very disrespectful to all the people you asked to

UnidentifiedUnidentified speaker 6Proposed34:44

play by the rules. Thank you. And here I'll ask of course the city council to refrain from any comment as the matter is plainly subjective various review and assessment by the city's code enforcement staff regarding the past and alleged future events. And I believe is also subject litigation between the property owner, and the tenant, which the city is not a party to in desires to stay out of this.

I'll ask the council not comment. Thank you.

ElectedBetsy StixMayorProposed · by role35:11

Okay, thank you. Thank you, Chad.

UnidentifiedUnidentified speaker 1Proposed35:17

Prior to moving forward, can we acknowledge that these are at the front of the stage? Because this is what Jameson is presenting and I was wondering how we were going to play with these. But folks if you don't have one, you should get one and it'll help you follow along with the discussions that are moving forward. Thank you, Mayor.

ElectedBetsy StixMayorProposed · by role35:37

Thank you. Please come help yourself. All right, we'll move on to number two. James take it away please thank you.

UnidentifiedUnidentified speaker 3Proposed35:47

Yes, I'm going to be pulling up presentations that packet at the front that's available actually has a few presentations for tonight that most of them we will keep brief. And so feel free to take one. The slide two in that packet is the slide relevant to this item. This item can be very complicated but I'm going to try to keep it simple. We, City Council spoke at the August 10 meeting about and provided staff direction to review the current cannabis regulations and program and identify next or identify some options For potential changes that Council would then review and provide further direction on. So, this report, it gets into the weeds somewhat but the intent of the report is to give Council the option to identify which items to proceed with.

And so there were a few basic questions and I'll go through them fairly quickly and then we can dig in as much as, as council desires but the first question was whether to allow the expansion for the cannabis dispensaries from current hours to later hours. Currently the city limits the cannabis dispensary hours to 8am to 7pm. The, so staff research that issue and identified that state law allows operation up until 10pm. So this item is one item that actually can be addressed tonight if I if if Council desires.

We could modify those hours, simply by modifying the regulations so Council tonight could direct staff to do to do so. So that action can be taken tonight. The dispensaries have indicated they are interested in expanding ours, particularly during the holidays so we wanted to call that one out first Other questions or other requests that we looked into, for the most part require an ordinance or potentially planning commission review. So the other questions that staff looked into are investigated were whether to allow retail dispensaries to move out of the current m one MPD zones and into additional zones with the city.

The staff report notes, there's several ways that can be done. Most of them would require an ordinance that would modify our zoning standards or create an overlay. So because it requires an ordinance, it would be something we could not do tonight but council can direct us to bring an ordinance forward if most likely if we drafted it and modified the zoning ordinance we would also be required to go through a planning commission review process An additional question that staff investigated whether we could allow on site consumption of edibles topicals and or vapes in dispensaries, or to allow onsite consumption lounges.

And so, and whether or not those would also be in the m one MPD are potentially allowed and other zones. Similar to the last item, it would require an ordinance to modify our zoning or to allow a type 10 retailer license. We also would be required to modify our city code because our current city code prohibits any sort of smoking in public places so we'd have to modify Code if Council chose to lift that for, for a potential on site consumption or a consumption lounge.

Last whether to allow limited size indoor nursery only cultivation of immature plants seedlings are seeds to allow residents to grow their own indoor and grow their own for personal use which by our code is required to be grown indoors. So that, as well would require an ordinance to approve a type four license type. And then we would also recommend that the city council identify any zones conditions or mitigation efforts such as smell potential requirements to limit smell.

And so that can also be done but also requires an ordinance. So, in summary, the action that can be taken tonight is we could expand hours of council desires. The additional actions, we have a lot of analysis in the report but we're asking for council direction whether to actually move forward and prepare an ordinance for any of those additional requests. And so with that I'm happy to answer any questions.

0:41 – 0:4926 turns

UnidentifiedUnidentified speaker 1Proposed41:07

I have two questions one's a simple one what's the age is it 18 or 21 to purchase cannabis product? Do we know?

UnidentifiedUnidentified speaker 6Proposed41:17

If I remember correctly, it's 21 with an exception for medical patients that can go lower with the doctor recommendation. But adult use is 21.

UnidentifiedUnidentified speaker 1Proposed41:28

Yeah. And is there anything below that? So is there a cut off on the age below that or can a 15 or 14 year old with the doctors no go get

UnidentifiedUnidentified speaker 6Proposed41:37

cannabis? The parent of a minor can buy it for the minor's use with the doctor's note, not the minor themselves. There is an absolute limit in the stores of 18.

UnidentifiedUnidentified speaker 1Proposed41:49

Okay, so it'd be 18. Okay and then my second question is the we're talking about overlay zones and you citing here on two of two overlay zones give cities increased flexibility to address specific issues and solve specific problems. What issue do we have with cannabis here? And what specifically is the problem or what are we trying to solve here?

UnidentifiedUnidentified speaker 3Proposed42:16

So we

UnidentifiedUnidentified speaker 1Proposed42:18

like this is a, this is a cannabis owner driven requests not a citizen driven request so I'm just wondering if you can respond to that.

UnidentifiedUnidentified speaker 3Proposed42:29

Yeah. And what we mean by specific issue. So let me answer the first part and then I think there's a second answer but Part of the original request was asking whether the city would consider expanding the dispensaries or potentially a consumption lounge to the C-1 zone. But the C 1 zone, opening it up to the c one zone may create other unintended issues so when we reviewed That possibility, we identified like for example you know schools that are very close to certain parts of the C1 zone. So what we mean when we say the overlay can help solve specific problems or issues is we could identify a specific area of the c one that would not have those issues. And so the, we mentioned in the report, you know, we did some initial review and there To make sure that these are away from schools and, you know, away from the core arcade.

That this could be... We could identify an overlay zone that would be east of Fulton Street in the C-1. And so instead of saying it's allowed in the C- 1, it's allowed east of Fulton Street in the C one. And so that's an option as far as the request. Yes I would say, you know we reach We had, we had been contacted by the different cannabis businesses with asking questions about if the city would be open to certain sorts of expansion.

We then followed up and got clarity on what they were looking for I would say it is for us, we have not received a lot of requests other other than from those businesses.

UnidentifiedUnidentified speaker 1Proposed44:17

So again, this isn't a citizen driven. This is business-driven.

UnidentifiedUnidentified speaker 3Proposed44:22

Yeah not from the staff perspective I guess as council members if you're hearing otherwise. Okay thank you. Three quick questions.

UnidentifiedUnidentified speaker 2Proposed44:33

As I recall and confirm this if it's correct or not there were many comments in a general plan hearing of citizens concerned that we were allowing the manufacturing M1 MPD zone to be transformed away from its intended purpose, in particular creeping retail establishments? Yes. I recall many. Am I correct in that memory?

UnidentifiedUnidentified speaker 3Proposed45:00

Yes, that's true and then that's also going to be the focus of our next general plan Meeting in January is going to be on. We're looking at particular areas that there's a lot of questions or comments on and the biggest one right now is Bryant circle

UnidentifiedUnidentified speaker 2Proposed45:14

had to do within the, you know, in terms of being able to diversify our economy away from, you know, and preserving this area for that opportunity so I just want to bring that up. Councilman Hank because I think in that respect there were concerns of a generic nature. regarding the creeping retail components of this zone. Second of all, help me get clear. In the second bullet there's a statement currently the city's regulations and our code limits cannabis uses to M1 Empty Zone by the OMC for manufacturing and microbusiness and by regulations for other uses.

What exactly are those other uses that can be changed by regulation and don't need code change?

UnidentifiedUnidentified speaker 3Proposed46:04

Which bullet point are you pointing

UnidentifiedUnidentified speaker 2Proposed46:05

at? Second bullet. Oh, in the second sentence

UnidentifiedUnidentified speaker 3Proposed46:09

where

UnidentifiedUnidentified speaker 2Proposed46:09

it states currently the city's regulations, in other words something that can be changed by resolution and our code less efficient process, limits cannabis uses to M1 empty zone by the OMC for manufacturing and microbusinesses meaning the code. And by regulation for other uses I'm not exactly clear what those other uses are that are being referred to in that sentence within the realm of the cannabis regulations they can be changed by resolution

UnidentifiedUnidentified speaker 6Proposed46:43

My recollection subject to confirmation is it is the original delivery and dispensary, the retail outlets. The code doesn't limit the zones. It was limited by regulation. Obviously that regulation went through council at the very beginning. I believe that would be the component that could be changed by regulation although staff would not change that absent a majority direction from council.

UnidentifiedUnidentified speaker 2Proposed47:09

Not recommending that direction but it's an option?

UnidentifiedUnidentified speaker 3Proposed47:13

Yes, but and I would note that well no I guess that's true. We would, I would recommend we do it per the code because we have had questions arise related to people saying the code doesn't match what's

UnidentifiedUnidentified speaker 2Proposed47:31

allowed. I just wanted to be clear what the sentence meant

UnidentifiedUnidentified speaker 6Proposed47:34

Correct. And the other point I would add in answering your question about the clarity there, the fact that we have some of the location restrictions baked into the code and others baked into the regulations as a function if you'll, if the council will recall, of the fact that our cannabis code was built through four different ordinances several adopted on emergency basis one of them, the original one adopted 13 days after the election in 2016 by which the voters approved prop 64 allowed cannabis.

We're building the ship while sailing it. If we were to shift to a ordinance model, even if we just kept existing locations mapped, we could regularize and more formalized what was built on an urgency basis.

UnidentifiedUnidentified speaker 2Proposed48:21

I got it. Clean up, OK? Clean up. And my last question is on the reference to the 600 foot radius of a school applies to consumption lounges at all as note that the state law regarding no cannabis activity, the last sentence on page three or four 2-3. A local citizen came to me an interested citizen saying that I haven't read the state law. He read it stated that he thought there was some local discretion involved with that And is that true or not?

UnidentifiedUnidentified speaker 3Proposed48:53

I believe so. And I thought we called that out, but they're actually... I didn't see that reference to location. I'm trying to remember there was a kind of an asterisk to it maybe this...

UnidentifiedUnidentified speaker 6Proposed49:01

My recollection is the discretion is to go up not down. Okay. So we can't make it shorter than 600 foot but we can make it larger than 600 feet some communities have 1,000 and 2,000 even from schools and similar locations. The other area of discretion is expand keep it at 600 feet distance but expand the list of places from which the buffer is and

UnidentifiedUnidentified speaker 2Proposed49:26

then count in the 600 foot is measured to the parcel boundary property line yeah property line to property line okay thank you

0:49 – 0:5415 turns

UnidentifiedUnidentified speaker 7Proposed49:36

Does the 600 foot or more also apply to alcoholic beverages, cigarettes and all that?

UnidentifiedUnidentified speaker 6Proposed49:42

No there's a special state law for cannabis. The cannabis provisions are the 600 foot. There is no default state buffer for alcohol serving uses.

UnidentifiedUnidentified speaker 7Proposed49:54

Power of the industry huh?

UnidentifiedUnidentified speaker 6Proposed49:58

Yes.

UnidentifiedUnidentified speaker 7Proposed49:59

Interesting

UnidentifiedUnidentified speaker 6Proposed50:00

And on that note, just to remind the council's aware of this but for the public who's looking at this recall that the state's cannabis regulations were largely written by the industry because they were written through ballot initiative. So when in doubt and you're sort of trying to understand the genesis behind it remember that component.

ElectedBetsy StixMayorProposed · by role50:22

Do you know if there are any lounges in Ventura County right now?

UnidentifiedUnidentified speaker 3Proposed50:27

I'm not aware of any. Yeah, we had talking to the dispensaries to the owners, they had indicated there are no cannabis lounges in Ventura and there are no nurseries in Ventura at this time. So,

ElectedBetsy StixMayorProposed · by role50:42

okay. Do you know if there any lounges in Santa Barbara?

UnidentifiedUnidentified speaker 3Proposed50:47

I'm not sure. Okay.

ElectedBetsy StixMayorProposed · by role50:49

Thank you. Right well, any other questions.

UnidentifiedUnidentified speaker 7Proposed50:54

Are we going to have?

ElectedBetsy StixMayorProposed · by role50:55

Yeah, we have public comment. We have Larry Steingold, Bill Miley, Chelsea Satula and Brian Eakins. So let's start with Larry. Thank you.

UnidentifiedUnidentified speaker 9Proposed51:12

Oh, I haven't worn a sweater in four years. You're from Rhode Island. Yeah, my blood's changed. This essentially is a production for more sales tax for the city. And what they do in the present buildings is fine, but this is like you said mission creep and sort of location creep that you put them into Bryant it's only medical then they cry poverty because there's three stores and you let him go retail Now they cry poverty or not enough business, and let's move to C1 east of Fulton. Why not just cut through all the nonsense and let them go full retail? Put them on Maricopa next to Vons, or put them on Ojai Avenue.

I mean that's all this is. It's just moving. They'll be here in three years wanting to cry more poverty, and they'll give another million dollars to the city in taxes and let them go retail. We'll just cut through it And let's just make a jump and do retail. Did they come to you with this or did we go to them? They say, hey, we need more money. Let's expand our business. OK. You want to have a smoke shop? Fine. I want a cigar bar on Maricopa.

Does the bar owner get a smoke shop? Can I smoke a cigar at Ojai Beverage because that's what he wants? These people are going to smoke inside. Why can't they? They're using tobacco. They're using cannabis. Who cares? Okay, so that's one issue. But if you're gonna go let's go full bore and let it all hang out. Well we want more retail cannabis and move they want bigger buildings they wanna grow great grow inside how big you're gonna limit them to 3,000 feet or 10,000 or 15,000 or 20,000? Or 30 feet high and have them go multi-tiered.

It doesn't matter it's all for income and for sales taxes they want more money the city wants more money But make the rules and let's just get there and get over with. Because in 10 years, they'll want to go from retail to bigger retail. And that's all it is. It's the camel's nose under the tent. And if you don't understand that, you do. Okay? You should because that's all it is. I'm not against cannabis. If you wanna grow it, you wanna smoke it, do whatever the hell you want.

Okay. But if you want to put it on the street, on a smoke shop or on Maricopa or on Ojai or on a second floor of a hotel or whatever go right ahead but let's get it over with this is nonsense okay every year it's oh I'm sorry we're not making much money but we can't tell you we need more money our sales are down maybe it's against the rules they get a variance because of financial but that's what it is so call it what it is we need more money we want a better location That's all and call them on it, but get it done. If the city needs money say fine we want an extra 10% tax on the tax but you can buy your space on retail okay? You were permitted what another 10% on the tax on cannabis let's raise it to 50%. We'll just increase their sales so no problem that's all about money call it what it is.

ElectedBetsy StixMayorProposed · by role54:25

Timing, Larry. Thank you. Next we have Bill Miley.

0:54 – 1:014 turns

Commentmy name is BillProposedself-stated54:42

Good evening. For the record my name is Bill Miley. I have commented on cannabis in Ojai During the adoption of the ordinance and afterwards. And for these particular items, here are my comments. I do not support allowing cannabis dispensaries or other cannabis businesses into the C1 zone or on Ojai Avenue. I do not support allowing cannabis lounges within the city of Ojai.

I would support allowing nursery stock for cannabis plants But not outside and not very big. Obviously, but obviously having a nursery nearby could increase the consumption of cannabis locally. So on second thought I don't support that either. Families have children and it might increase their use. I included a link in the email I sent to you By the superintendent of county schools, on June 21st there was a statement put thereby concerned about vaping by children and teenagers detailing the potential damage to human bodies.

It does reference the addition of cannabis to vaping devices So having cannabis lounges in our city sets a very unhealthy image for our kids and our adults who may wonder what this is all about. And through the image of us as a health site, healthy site to visit as an example, hey if the city allows it maybe it's not so bad for me. So I don't want my city to promote by ordinance the onsite use of cannabis including vaping.

I know you might say well They're 21 and older, but you know children model adults. And if they see it's permitted locally well okay so let's keep Ojai tobacco-free and cannabis free in public places. A friend told me to make this point. Carpinteria has a huge odor and smell problem and it continues. If the wind is blowing in the direction of the freeway you can smell it The smell can be very overwhelming near the high school.

We should not allow any kind of commercial growing. Immature plants, if they're not sold will become adult plants and they're going to produce very at times disagreeable odors so let's not do it thanks.

ElectedBetsy StixMayorProposed · by role57:42

Thank you Bill next we have Chelsea Satula

UnidentifiedUnidentified speaker 10Proposed57:53

Good evening, Council and staff. Chelsea Setula, CEO of Sesame Creek Collective. I'm still an Ojai resident for a couple more weeks till I move to Oakview. I want to thank staff putting this report together. I want to not belabor all the points I made at the last council meeting that this was brought up. You can refer to the past report if you forgot all the points I made.

This isn't about money. This is about being treated equitably, giving us the same grace and consideration that you give all the bars in town. That's really all we're asking for. Residents, in fact of Ojai have really long been clamoring for social alternatives bars and if you want me to bring them all here with me the next time I will but I'm just trying to save everybody's time.

My first experience at a cannabis lounge was in Amsterdam about 25 years ago. These things have been around since the 60s guys And you know what? It's super chill. People don't get in fights, they go, they relax, they hear good music maybe they have a little munchie and they go home and that's what this is about at least one piece of us. And the rest of it is for the city to put more money in your coffers because when my revenues are down yours are down I'm sorry that math is just kind of logical there's no ill intention Greedy money banks.

Let's just clear the record. I know you guys took a chance in 2016 on an emergency basis to pass this ordinance. I was in crisis at the time and so was another dispensary, and so were thousands of people that relied on that medicine. It still is medicine. That's still why people are taking it And I'm asking you to take a chance again. I think if you asked anybody around town, was this a bad decision to let these dispensaries open up? Do we regret this decision?

Who's gonna say no except for these two maybe, I don't know. Nobody regrets this decision and you're not gonna regret this decision to open it up a little bit more. It's not gonna stink or growing seedlings only the flowers smell Talking about plants four inches high, so people can take them and grow their own. And not have to rely on big box retailers. They can actually grow their own. That's what we're promoting.

Nurseries don't smell, cannabis lounges, we can do whatever you want. Voter technology it's there. This isn't just about me. But I thank you for your time and consideration. And I'm here for questions anytime. And I appreciate that four of the five council people have stepped into our shop and experienced the Ojai Boutique Dispensary experience, and I welcome the fifth again open invitation anytime we make Ojai proud.

I hear it every day. Thank

ElectedBetsy StixMayorProposed · by role1:00:59

you Chelsea. Good timing also. Brian Akins?

1:01 – 1:0928 turns

UnidentifiedUnidentified speaker 4Proposed1:01:11

Okay, you're probably wondering why I'm here. I am here at the invitation of a City of Ojai resident. I am an Oakview resident 40 plus years. So I received the phone call asking me if i would just share some thoughts so I looked at the discussion item. I saw West Hollywood, San Francisco and Oakland And I shivered because no way do I ever want Ojai compared with West Hollywood, San Francisco and Oakland.

This is for the lounges. I saw the argument that it would aid businesses. I guess this is coming all the way up to Fulton Street. I looked at those businesses and I think they're pretty busy. Not sure what the traffic across. The other item I saw was the fact, and you've discussed that is that the school currently acts as a 600 foot buffer. Now this is important to me as you may think no, I am all things all focused on a downtown historic district and a downtown historic district having businesses that are that we've identified and that are there. However, on the 17th of this month at the Boyd Center coming before the Planning Commission is a proposal that would eliminate that school therefore eliminating that 600 foot buffer just a thought so thank you all very much

ElectedBetsy StixMayorProposed · by role1:02:53

Thank you, Brian. Gail, any public comments on Zoom?

UnidentifiedCity ClerkProposed · by roll call1:02:58

We have one person here. I'll allow her to talk so we can see if this is what she wants to speak on. She has her hand raised. Elizabeth Herring, if you're there, if you would please unmute yourself. Did you want to speak on this item?

UnidentifiedUnidentified speaker 11Proposed1:03:14

Yes, I would like to.

UnidentifiedCity ClerkProposed · by roll call1:03:15

Okay. You can go ahead.

UnidentifiedUnidentified speaker 11Proposed1:03:19

Okay, great. Thank you. I'll just say after looking through the review of cannabis regulations. The items that stand out to me the most are the zoning laws and potential for onsite consumption. And while I personally really liked the idea of having a legal public space to consume cannabis, I'm just concerned about the ramifications of allowing cannabis lounges to exist outside of the general Bryant Street area and the potential even within the Bryant Street area to increase already very high real estate prices for allowing on-site consumption.

The Bryant Street commercial zone is really the last remaining commercial space in Ohio for small businesses and artist studios, and it's already prohibitively expensive I imagine that allowing for the first legal cannabis bar or lounge in Ventura County would definitely increase the amount of traffic to the area, and also the price. On the flip side creating an overlay zone for that type of business to exist closer to downtown in my mind would turn Ojai into a complete tourist attraction at all times.

And I think that to make a better decision on these topics, it would be really cool to see a business proposal from the interested dispensaries. The idea of creating another social space for people who are at least over 21 is definitely something I support but I just would want to make sure that it doesn't make Ojai more friendly for tourists than its dedicated community. Thank you.

ElectedBetsy StixMayorProposed · by role1:04:58

Thank you, Elizabeth. All right, we'll move on to discussion.

UnidentifiedCity ClerkProposed · by roll call1:05:02

Mayor Stix, we have one more person who's entered the Zoom chat room. I'll ask him to raise his hand if there's anyone else in the Zoom room who wants to speak on this agenda item. If you would raise your hand, I'll go ahead and call on you. Thank you, Gail. He's not raising his hand.

ElectedBetsy StixMayorProposed · by role1:05:23

OK, all right, we'l move on to discussion.

UnidentifiedUnidentified speaker 2Proposed1:05:30

I would like to just start by saying, I hope that we can take. There's there's multi parts to this. And I thought maybe we could just take it one at a time. And so, I would suggest we first talk about the hours, you know just take them in order. Let's do in terms of direction. And so just to see what the appetite is, I'm going to make a motion that we extend the hours from 8 to 10 PM.

ElectedBetsy StixMayorProposed · by role1:05:58

I'll

UnidentifiedCity ClerkProposed · by roll call1:05:59

second.

ElectedBetsy StixMayorProposed · by role1:06:00

OK, roll call please, Gail on that?

Roll-call vote Passed 3–0 motion that we extend the hours from 8 to 10 PM. I'll second. OK, roll call · 2 under review
Show transcript
Council Member Haney? Oh, I need two. Council Member Francina? Yes. Mayor Stixx? Yes Mayor Pro Tem Wyrick? Yes Council Member Blatz?

Okay all right

let's move on to the next which I didn't respond oh i'm sorry

UnidentifiedUnidentified speaker 1Proposed1:06:23

was that first no I was asking don't we generally before we take a motion we get a second then we have a discussion you did there was a second that was and do we have a discussion I guess we don't so I'll just vote no

ElectedBetsy StixMayorProposed · by role1:06:41

okay all right um let's move on to the second one which is the location

UnidentifiedUnidentified speaker 2Proposed1:06:47

yes Would you like me to start the discussion? A little more involved, obviously. I've indicated why I was starting to think about this because of the general plan and public hearing that talked about the problems of using up the M1 MPD zone for retail purposes and raising the prices for other types of businesses that might want to locate there. And so that's where I started thinking about From the standpoint of treating cannabis like other retail, if it would make sense to have an overlay as the staff has come up with for the area east of Fulton, east of Park, anywhere that part of Ojai Avenue.

I think it makes sense to consider it for the reasons I just stated. Retail really is not intended to be in an M1 MPD zone. We did it when we rolled out cannabis dispensary for the reasons of the conditions that we were in at that time. I think those conditions have changed. I'm not saying that we should expand the number allowed, but I'm thinking that we might I am in favor of thinking about an appropriate overlay zone on the east end for options for relocation, because it is a retail activity and it belongs in which it best fits into a C1 zone. So that's my thinking.

UnidentifiedUnidentified speaker 7Proposed1:08:34

You want to make that a motion?

UnidentifiedUnidentified speaker 2Proposed1:08:37

Well, I don't want to stop discussion. I'm willing to make an emotion but i don't want to

UnidentifiedUnidentified speaker 7Proposed1:08:41

be rude. We can still discuss.

UnidentifiedUnidentified speaker 2Proposed1:08:43

Prevent

Commentmy name is BillProposedself-stated1:08:43

discussion.

UnidentifiedUnidentified speaker 1Proposed1:08:45

I want to be

UnidentifiedUnidentified speaker 4Proposed1:08:45

rude.

UnidentifiedUnidentified speaker 7Proposed1:08:46

Okay.

UnidentifiedUnidentified speaker 1Proposed1:08:48

So you know yeah I don' t even know where to start on this but let's go here. Let's create an overlay in the east end of town and create a shady business opportunity If you guys really think this is retail and appropriate for retail, open it up to the city. Open it up. But right now what I'm hearing is we're not quite there yet. Let's stick it down at that end of town.

That's what I'm hearing. So obviously I'm gonna vote no on this but I mean, I'm gonna vote no on everything on this. You four put it anywhere you want it but you're gonna own it. I'm just going to tell you that

UnidentifiedUnidentified speaker 7Proposed1:09:31

Okay. Can I go ahead?

1:09 – 1:1632 turns

ElectedBetsy StixMayorProposed · by role1:09:37

Well, I think that this is definitely something the planning commission needs to look at. And I would recommend that they spend some time.

UnidentifiedUnidentified speaker 7Proposed1:09:44

You

ElectedBetsy StixMayorProposed · by role1:09:45

have a motion?

UnidentifiedUnidentified speaker 7Proposed1:09:46

No, no, I don't have a motion. I was just going to make a comment about this item and the items to come. I agree with Chelsea that this is an issue of treating the cannabis dispensaries. It's the word equitable. To me, it's unfortunate that there are still members of the community that do not see that there is a double standard here. If I had my druthers we would have limited the sale of alcohol ages ago but every time I've tried to do that it seemed like it couldn't be done and I see no reason there's no reason with everything that we know to continue having a double standard and not treating these businesses.

As a legitimate business that they are, and full disclosure I personally don't drink do any drugs, nothing not even aspirin. It's just not my thing. And I'm you know too old for all that. But I do believe in treating people fairly. Well I'm not too old for anything of course but i mean it's just, it's not my thing. I would like to see these businesses treated fairly so I'm very open to all the suggestions that are on the agenda tonight and I will support the statement that Bill made.

I'll second it if you want to make it a motion. I'll

UnidentifiedUnidentified speaker 2Proposed1:11:28

make it a motion and

UnidentifiedUnidentified speaker 7Proposed1:11:29

just for the

UnidentifiedUnidentified speaker 2Proposed1:11:30

record, I do take extract of willow bark.

UnidentifiedUnidentified speaker 7Proposed1:11:32

All my friends do. I have nothing against it

UnidentifiedUnidentified speaker 2Proposed1:11:37

but I will make a motion that we move this to Uh, deliberation and regular order which would be to refer. Um the issue of a overlay zone East End Overlay Zone to the Planning Commission. I believe that's a recommendation for regular order. I am going to make that motion.

UnidentifiedUnidentified speaker 7Proposed1:11:57

I'll second unless you want to.

ElectedBetsy StixMayorProposed · by role1:11:59

Okay. Roll call please, Gail.

Roll-call vote Passed 3–0 motion. I'll second unless you want to. Okay. Roll call · 2 under review
Show transcript
Mayor Pro Tem Weirich? Yes. Council Member Blatz? Council Member Francina. Yes, Mayor sticks. Yes, Council Member Haney
UnidentifiedUnidentified speaker 1Proposed1:12:17

know.

ElectedBetsy StixMayorProposed · by role1:12:18

Okay let's move on to the next which is the consumption, whether you can consume on premises

UnidentifiedUnidentified speaker 2Proposed1:12:32

I'm not going to start that one. I started it too, somebody else's

ElectedBetsy StixMayorProposed · by role1:12:35

turn. I'll start because you know, I completely support legalization. The metaphor that Matt used building the ship while sailing definitely comes to mind at this point because the sheriff is not equipped to test for over-intoxication for THC at this point. We need a well established system of deterrent in place Before we do anything. And those of you who are alive in the 80s if you remember when drunk driving finally became a thing, it took a long time for people to transition and people don't drive drunk because they don't want to go to jail or pay the fines.

And so once again why support legalization impairment has yet to be decided, because there is no testing yet. It's a blood test that does not uphold in court as far as I know and experts have not agreed yet how much is too much. There is no legal limit so we need to approach from a regulatory standpoint it's my opinion, not a moral standpoint.

UnidentifiedUnidentified speaker 7Proposed1:13:48

May I ask the chief a question? Do you have any data on impaired drivers due to marijuana intoxication versus alcohol intoxication? Is there anything that comes to your mind?

UnidentifiedUnidentified speaker 12Proposed1:14:10

I don't have any data readily available, but that's something that I can look into and

UnidentifiedUnidentified speaker 7Proposed1:14:15

get

UnidentifiedUnidentified speaker 12Proposed1:14:15

back to

UnidentifiedUnidentified speaker 7Proposed1:14:15

council. As we go through this, are there any issues or problems that you see Um, with consumption on site. And me I asked that city attorney of the chief.

UnidentifiedUnidentified speaker 6Proposed1:14:31

Yes absolutely you may ask it and I'll look to achieve answer

UnidentifiedUnidentified speaker 12Proposed1:14:36

as far as issues that would be something that I would probably have to take a look at depending on Probably how big the site would be, the consumption that's going to take place there where it's going to be at. There's a lot of things to consider to determine if there's going to be any foreseeable issues.

UnidentifiedUnidentified speaker 7Proposed1:14:57

May I continue? Okay. I'm a little bit divided on this part, first of all, I don't like the idea of smoking and any smoking in public so i don't want to have a double standard on that and as far as consumption part of me thinks well they could come consume at home or at a party and be out in the public and driving just the same what's the difference between that and doing it on site you know so I'm I'd like to hear what other people think. Where

UnidentifiedUnidentified speaker 2Proposed1:15:32

I'm at is to kind of wrap this in a regular order with the Planning Commission. There's really two bullets that address this, this bullet and then the third one and the fourth one allowing on-site consumption lounges. I guess what I'd be in favor of Just wrap this into the planning commission deliberation and see what comes back from them. It doesn't mean I'm in favor of it necessarily, but I would be interested in maybe what the planning commission might come up with on the liberation. So that's where I would be as is referring the fourth bullet to the planning committee as part of the Planning Commission

UnidentifiedUnidentified speaker 7Proposed1:16:10

referral. I'm very open to that. Thank you.

UnidentifiedUnidentified speaker 2Proposed1:16:14

If you want, I'll make that a motion.

UnidentifiedUnidentified speaker 7Proposed1:16:16

Yes, please do. So we can move along. I

UnidentifiedUnidentified speaker 2Proposed1:16:21

made that a motion, okay? Motion that we refer the... We don't act on the third bullet but we refer the fourth bullet to the Planning Commission for including their consideration.

ElectedBetsy StixMayorProposed · by role1:16:30

Okay so the consumption

UnidentifiedUnidentified speaker 2Proposed1:16:31

in

ElectedBetsy StixMayorProposed · by role1:16:32

the lounges. Right. Okay

UnidentifiedUnidentified speaker 7Proposed1:16:33

Ryan do you want to be a second? So i'm not the only one?

1:16 – 1:2240 turns

UnidentifiedUnidentified speaker 5Proposed1:16:39

No go ahead Suza.

UnidentifiedUnidentified speaker 7Proposed1:16:41

What?

UnidentifiedUnidentified speaker 5Proposed1:16:44

Go ahead Suza!

UnidentifiedUnidentified speaker 7Proposed1:16:45

I'll second. Roll call

Roll-call vote 1–1 · 3 under review
Show transcript
please Gail. Council Member Haney? No. Council Member Francina? Yes. Council Member Blatz?
UnidentifiedCity ClerkProposed · by roll call1:17:04

You're muted, I'm sorry. There

UnidentifiedUnidentified speaker 5Proposed1:17:09

we go my computer froze yes. Yes

UnidentifiedCity ClerkProposed · by roll call1:17:12

okay thank you Mayor Stixx

ElectedBetsy StixMayorProposed · by role1:17:17

Yes, with the stipulation that the Planning Commission will definitely look into the legality of monitoring it and what that means. Agreed. Okay.

UnidentifiedCity ClerkProposed · by roll call1:17:27

And can Mayor Pro Tem Wyrick? Yeah.

UnidentifiedUnidentified speaker 2Proposed1:17:30

And I vote yes. Did you get that Gail?

UnidentifiedCity ClerkProposed · by roll call1:17:34

Yes,

ElectedBetsy StixMayorProposed · by role1:17:34

I

UnidentifiedCity ClerkProposed · by roll call1:17:35

did.

UnidentifiedUnidentified speaker 2Proposed1:17:37

The voice on.

ElectedBetsy StixMayorProposed · by role1:17:37

Okay, Randy did you vote? Let's move on to the final bullet point cultivation.

UnidentifiedUnidentified speaker 2Proposed1:17:50

I believe the message man, I believe the recommendation is that this will be indoor only for consideration.

UnidentifiedUnidentified speaker 3Proposed1:18:00

We only investigated indoor only so I would not recommend expanding that without us. We aren't we aren't prepared to expand that any further.

UnidentifiedUnidentified speaker 2Proposed1:18:10

Well, I'm comfortable with indoor only. I don't want outdoor either. So I would like to see a code amendment that would allow the indoor only.

UnidentifiedUnidentified speaker 7Proposed1:18:28

Yeah, I support that. And it's my understanding that by allowing people to grow their own in small quantities hopefully that reduces the use of pesticides which sometimes come into play when it's larger so I'd be in favor of that yeah okay

UnidentifiedUnidentified speaker 1Proposed1:18:48

any other no but have some comments on it so when we say grow only are we limiting the size of the facility? Yes. Are we going to send this back to planning and have

UnidentifiedUnidentified speaker 6Proposed1:19:01

them flush this

UnidentifiedUnidentified speaker 7Proposed1:19:03

out?

UnidentifiedUnidentified speaker 6Proposed1:19:04

That would be staff's recommendation because this too would need an ordinance, and as noted we want to sort out a couple of key points. One what would the size component be for the plants? Two codifying the requirement that if the plants get above The immature to mature line that they there be a plan for what to do with them, other than seldom as mature plants.

And to codify the requirement that would be indoor only. the growing at the cannabis facilities. We'd also want to include a series of robust operating security, odor control and other regulations governing the growing itself. So water usage, sunlight usage, grow lights if there's grow lights, electricity permits for those grow lights none of which thankfully we have to invent from scratch will start with half dozen cities that have looked at this as our models.

UnidentifiedUnidentified speaker 1Proposed1:20:01

So I would also like to, is distribution in that and then who's going to oversee it? Does it, is it overseen by the County Ag Commission who oversees the growth of this, of these liners. That's what they're talking about. They're little two inch pots that probably have a pot plant in it or a cannabis plan in it. It's two to three to maybe four inches tall. Who oversees that?

UnidentifiedUnidentified speaker 6Proposed1:20:25

I would definitely be the city. We'll sort out with whether, with the county, whether the Ag Commissioner will take a role or not. I know they definitely have a role for outdoor cultivation. I don't know off the top of my head if they do for indoor. We'll take a look at that.

UnidentifiedUnidentified speaker 7Proposed1:20:40

You know? Can I ask a question just to be clear? So is it now illegal? Is it still under the current whatever... A person cannot openly, at least openly you can always do things under Grow a plant in their backyard under sunlight.

UnidentifiedUnidentified speaker 6Proposed1:21:00

So it is not legal in the city to grow cannabis anywhere other than indoors, up to six plants per residence for personal use only? So cannabis being grown anywhere in the city outside is unlawful. It could be grown under sunlight inside with the skylight.

UnidentifiedUnidentified speaker 7Proposed1:21:21

Inside with the skylight.

UnidentifiedUnidentified speaker 6Proposed1:21:23

That would be inside.

UnidentifiedUnidentified speaker 7Proposed1:21:24

Yeah, that's what I was thinking so that could be done. Okay.

UnidentifiedUnidentified speaker 6Proposed1:21:27

And that's a six plants and personal use only so the personal use growth cannot be sold.

UnidentifiedUnidentified speaker 7Proposed1:21:31

Yes, let me make

UnidentifiedUnidentified speaker 6Proposed1:21:34

sense.

UnidentifiedUnidentified speaker 7Proposed1:21:35

Electricity.

UnidentifiedUnidentified speaker 6Proposed1:21:38

The enforcement of that one actually follows the sheriff says that's part of the state penal code. I said hell, then it would be on complaint basis.

UnidentifiedUnidentified speaker 2Proposed1:21:47

I would make a motion to refer indoor only cultivation for deliberation by the Planning Commission.

UnidentifiedUnidentified speaker 7Proposed1:21:55

I'll second.

ElectedBetsy StixMayorProposed · by role1:21:57

Yeah, roll call please Gail?

Roll-call vote Passed 3–1 motion to refer indoor only cultivation for deliberation by the Planning Commission. I'll second. Yeah, roll call · 1 under review
Show transcript
Who seconded that? Sousa. Okay thank you. Council Member Haney? No. Mayor Stixx? Yes. Mayor Pro Tem Weyrich? Yes. Council Member Blatz? Council Member Francina. Yes.

Okay, thank you. All right

we'll move on to item number three on the agenda fire hazard reduction vegetation management standards and enforcement options and a big thank you to the disaster council and the building appeals board for working on this education outreach and enforcement.

1:22 – 1:3733 turns

UnidentifiedUnidentified speaker 3Proposed1:22:42

I'm sorry,

ElectedBetsy StixMayorProposed · by role1:22:42

take it away James.

UnidentifiedUnidentified speaker 3Proposed1:22:44

Thank you.

ElectedBetsy StixMayorProposed · by role1:22:45

Thank

UnidentifiedUnidentified speaker 3Proposed1:22:45

you. The slides, it'll be the next page I believe page three of the PowerPoints for anybody who's got the printouts. Okay. So as mentioned, this is part of ongoing work with the Disaster Council the building appeals board and the city council. Recently the City Council had received some reports on some on the wildfire resiliency framework Some of the fire mitigation efforts that the city is working on, and the City Council had directed staff to look at our current code and identify what additional fire hazard reduction efforts we can take under our current code.

And so, we have done that we reviewed our city code we identified a few sections mentioned in the report. And also on the on our slides here. So, title five section 601 through 10 of the city code gives the city the ability to identify Substantial accumulations of trash or debris as a nuisance and then begin enforcement to abate the nuisance. And Title 10 Section 2-806 prohibits any property owner from maintaining any land use in a way that is injurious to the public's health, safety, or welfare and specifically prohibits as one of the ways of doing that it prohibits unsafe storage of combustible materials.

And so, essentially our report back is that those two sections would give the city the ability to enforce a few issues that have been identified as potential concerns. One that we already enforced as part of our weed abatement program which is overgrown weeds and vegetation. As people may know, every each spring around April 30 we start sending letters out to properties that have knee high weeds or other vegetarian vegetation issues to ask that those be abated to reduce fire risk.

But additionally, using those code sections we could identify as part of that work. We could identify properties that have an accumulation of dead leaves on roofs, on structures or in gutters and we can require that those be cleaned and removed as well to mitigate fire risk We can also identify piles of flammable materials, such as wood piles that are near structures that are potential fire risk.

And so which are the main issues we've had our code enforcement officers kind of keep an eye out and identify potential fire risks those are the main ones that they're seeing That they see frequently. So for those reasons we're recommending that the, that we make a couple modifications to our weed, our current weed abatement program based on that we're recommending or Noting that the building appeals board had recommended moving our weed abatement program up to April 1st of each year, reflecting kind of the year-round fire season that we're seeing now. So our recommendation would be assuming council accepts that recommendation, that on April 1st, 2022, we begin to include these issues in our abatement program So we would have code identify properties that have any of these issues, and they would then send their weed abatement or in this case.

Fire risk abatement notice to any property that has any of those issues. Between now and April 1, we are also recommending that Council direct staff to implement an outreach or educational campaign for the next it's almost six months. If we start now are almost I think it's about five months if we start now. And so we're recommending that we start with that outreach and education preparing flyers which we had some samples.

I'm posting information on channel 10 am 1610 and other sources to get that information out, leading to the implementation of that program on April 1. So that is our recommendation and I'm happy to answer any questions.

ElectedBetsy StixMayorProposed · by role1:27:46

Thank you James. Any questions? And to confirm James this is above and beyond what most cities in the area are doing at this point, correct.

UnidentifiedUnidentified speaker 3Proposed1:27:57

Yeah I think so i think most cities are most cities have a weed abatement program but I haven't seen any that incorporated you know leaves and gutters and things like that into them.

ElectedBetsy StixMayorProposed · by role1:28:07

Amazing. Okay, go

UnidentifiedUnidentified speaker 2Proposed1:28:09

ahead. This is meant just to be a start on evaluating the BAB recommendations right we're not this is the end of it we're just starting

UnidentifiedUnidentified speaker 3Proposed1:28:16

correct I think our idea was that there were ones that are going to require code amendments and we were starting with things that can be implemented something we could

UnidentifiedUnidentified speaker 2Proposed1:28:25

do right now yep tonight okay thank you

ElectedBetsy StixMayorProposed · by role1:28:30

Any other, Randy?

UnidentifiedUnidentified speaker 1Proposed1:28:31

So you know the winds in this community usually pick up starting in October. You know most of us know Halloween's usually been pretty windy in the past and so I think that we could have a longer period maybe we start October instead of December. I know the Thomas fire was December but our windy periods and first of all Fire hazard season is not seasonal anymore.

You're not in this drought, we are in a state of dryness whether we like it or not and dryness creates a multitude of hazards so maybe we don't even put a date on this maybe we just have a monthly basis that we send something out or we do something that's the same thing with the I think Councilman Blatz, he might want to speak to it. But I remember us talking about in the past about the week or the day of what page is that on? The day that we warn the community and we have a community discussion about fire hazards.

And someone said maybe a week and someone said maybe a month but I'm thinking that it needs to be longer than a day. So that's something that we might suggest to planning. Also, I think we have three tiers in the community. We have a commercial entity, we have a large residential entity and we have a small residential entity. And I'm thinking when we start talking about enforcements again, I'd like to see planning look at that and we create a tiered mechanism as to how we deal with each of these.

Commercial people should understand that they have a responsibility right up front in the maintenance of their facilities. Largest states-

ElectedBetsy StixMayorProposed · by role1:30:25

We're still on questions though, right? We haven't moved

UnidentifiedUnidentified speaker 1Proposed1:30:27

to discussion. So I'm just asking that we suggest this to planning and I'll add more to it if Mayor, if that's your concern, I can wait and then add to this.

ElectedBetsy StixMayorProposed · by role1:30:38

Any other questions for staff? Any public comment on this item Gail?

UnidentifiedCity ClerkProposed · by roll call1:30:45

We have one person in the Zoom waiting room. I'll ask him to, if you're in the Zoom room and you want to speak on this agenda item, if you would raise your hand, I'll go ahead and call on you. And that person is not raising their hand.

ElectedBetsy StixMayorProposed · by role1:31:04

OK, thank you. Let's move on to discussion then.

UnidentifiedUnidentified speaker 7Proposed1:31:08

Randy?

UnidentifiedUnidentified speaker 1Proposed1:31:09

So I'll just continue with the large residential. So we have an inspection and notification, and then a fine. So we have that on all commercial. We have it on large residential. And when I say large residential, we have a lot of properties that are acres. So you know, we talked about this before about increasing our clearance from 100 to 200 feet but I think we need to actually look at a property that's five acres or eight acres or three acres and actually identify that they have a management Responsibility in maintaining a, especially if it's in within city limits that they have a maintenance responsibilities. Other than 100 feet of their house or 200 feet of their house that they have a social responsibility as to what they're three or four or five or 10 acres can do to the rest of us.

And then small residential again it's the same thing is, we got to inspect we got a notice and then we need to find for people that don't want to participate properly. I think all this is in the right direction. My concern again is, I understand there was a video that was given to the Disaster Relief Council. You guys had a video by three people paid to have some surveillance done regarding fire hazards in the community and it was presented at that council.

So the granular started first of all I think that should be given to the rest of us and give it to the city, and put out there for the rest of the community to review but the interesting thing to me was it and it came up here in this discussion is the accumulation of dead leaves and rooftops and gutters. Who's going to inspect that. There's some things that just concern me about, they sound like good sound and great practices but the reality is how do we identify that as a problem? And most people their wood storage is in their backyard not their front yard. And most people have gates and fences and hedges now surrounding their properties. So there's a lot of things that we're bringing up in here that we really can't identify unless we're hiring Ray Powers Which will caught guy in the sky to maybe help us out.

But,

UnidentifiedUnidentified speaker 7Proposed1:33:37

um,

UnidentifiedUnidentified speaker 1Proposed1:33:38

so I think we had to be a little more focused from planning when we when we do get this back from them I hope they are at least on higher rated Joe do drone survey

UnidentifiedUnidentified speaker 2Proposed1:33:46

property right.

UnidentifiedUnidentified speaker 5Proposed1:33:47

Do

ElectedBetsy StixMayorProposed · by role1:33:49

you want to answer that question James. Well,

UnidentifiedUnidentified speaker 3Proposed1:33:52

yeah and it's you know it's a fair point especially with the multi acre properties You know, for example like think of ones that you can't see into them at all you know there's a hedge or something in front so. So those will be challenges the idea that we are recommending at this point as a starting point is code enforcement when they're out they do see houses where they see piles of leaves that have sat for four months or they see piles of debris that is flammable and so the idea is starting with the low hanging fruit And having code, when as they do their survey each April identifying those properties and starting with those getting cleaned up.

ElectedBetsy StixMayorProposed · by role1:34:34

Yeah, I mean we have to start somewhere. So this is a good place to start. For a lot of us, this is a lot of new information in the last several years. For example, none of us should have a wooden fence attached to our house. I'd say 98% of the houses in Ojai have a wooden fence attached to the house so there's a good place to start and you know, really, I think it's a great step forward. So thank you so much for doing this and I'm really excited to move forward with this with the city and the county and I'm excited to improve our evacuation planning which To me, the number one most important thing. Get everybody out.

UnidentifiedUnidentified speaker 1Proposed1:35:15

We don't have one.

ElectedBetsy StixMayorProposed · by role1:35:16

Well we're going to. We

UnidentifiedUnidentified speaker 1Proposed1:35:17

don't have one. We will. We've asked for one and haven't had one but I agree with you. Also Mayor, I just wanted to attach on these commercials and large residential and small. You know, I think inspection and notifying and then getting it done. We should put some time frames on these. You know commercial 30, large residential 60 and small residential 90 but We've got to act and we've got to expect the citizens or our community to act along with us. And like I said, I can't give anyone that has commercial property whether it's school board property, whether it's cannabis property, whether it's any type of business in town here they need to be aware of their surroundings and their obligation to the community.

UnidentifiedUnidentified speaker 7Proposed1:36:00

Can we, you know when we send these letters or notices around. Can we have something in there that says if it's a hardship for you to do this. Can we have a can we talk to the, you know, the Boy Scouts Girl Scouts, you know, they have some kind of backup plan where volunteers can come, you Something so that if there's a genuine hardship, especially among the older citizens on limited income and they cannot clean up you know thoroughly themselves that we have a way to help.

Before we start finding them or anything like that.

UnidentifiedUnidentified speaker 3Proposed1:36:41

Yeah, that could be if Council identifies a desire to have a program for staff to develop some sort of program, we can do that prior to that April 1st implementation.

UnidentifiedUnidentified speaker 2Proposed1:36:57

I'd also like to mention that let's really pay attention to follow through. Remember probably two years ago? My memory is not all that well linear right now We talked about if people had large torches, otherwise called Mexican fan palms in their yard. We would share in the cost of removing them and yet I hear from constituents that when they approach the city, they're told oh we don't have... That's not in the budget. Well it's not on the budget because it hadn't been asked of council to put it in the budget and I personally thought it was part of the tree removal budget in the first place So you know I think Twix cup and lip here we need to make sure that we uh follow through on these various small measures that we take.

And we don't get people frustrated at the counter when they hear us pass things here at the dais and then they go to try to implement it and they run into frustration yeah so just a thought okay

1:37 – 1:5310 turns

UnidentifiedUnidentified speaker 1Proposed1:37:57

mayor along those same lines it's just interesting that we create all of these things that we need to do for as a community. Again, we've got to increase code enforcement budget. If we're going to do a buyback on some type of palm removal, we need to put that in our budget if we need to address Susan's concern which I agree with. But that's also why I said small residential be given a 90 day because there's lots of organizations in the community that could help people who reach out to them.

So it's not just a burden on the city. It's a burden on the community to help one another, and that shouldn't be a burden. Yeah. Do you have

UnidentifiedUnidentified speaker 7Proposed1:38:40

a motion? For who is your neighbor... Well the motion is... To help your neighbor, it's mutually good.

UnidentifiedUnidentified speaker 1Proposed1:38:50

So the motion would be to recommend to staff that they come back to us with a monthly program versus a six month program. And that we direct this to their planning commission for review and potential fire hazard reduction of vegetation management standards, Now, the concern here is as I read this is the options as part of the city's landscape standards. What's gonna happen is we don't want this to get boggled down in quote, the landscape ordinance and rewriting it. We need to direct them to be specific to fire but otherwise we're gonna get caught up in other functions of the landscape.

UnidentifiedUnidentified speaker 2Proposed1:39:34

Can I suggest that we make it clear in the motion that we are supporting the staff doing everything they can to propose on a monthly basis within the existing ordinances. Right, but then if what they require is an ordinance change obviously has to go to planning commission right okay great

ElectedBetsy StixMayorProposed · by role1:39:51

and to confirm we can start now James or tomorrow

UnidentifiedUnidentified speaker 3Proposed1:39:55

yeah that's the intent was to give us you know some steps we could start now while the planning commission chews on some of the bigger questions and I'll second that motion

ElectedBetsy StixMayorProposed · by role1:40:05

okay excellent uh maybe we have a roll call please Gail

Roll-call vote Passed 5–0 motion okay excellent uh maybe we have a roll call
Show transcript
Mayor sticks. Yes, Mayor pro tem why Rick. Yes. Councilmember Haney. Yes. Council Member Francina. Yes council member blacks. Yes

right. Thank you very much and as I said it's a great step forward to making our town safer so thank you so much. Thank you staff for working on this. Let's move on to number for introduction of an ordinance of the City Council in the city of Ohio amending our integrated waste management, SB 1383. And thank you to Harrison for spearheading this presentation.

Thank you.

UnidentifiedUnidentified speaker 3Proposed1:40:53

Yes, thank you. So this presentation is a little lengthy lengthy or SP 1383 is fairly complicated but I will try to get through it quickly. I'll start just by noting, and it's probably in my first slide or maybe my second but SB 1383 was a state law signed into effect in 2016 to reduce greenhouse gas emissions by diverting organic waste from landfills. As the slide shows, landfills are responsible for producing about 20% of the state's methane emissions so it was aimed at accomplishing that.

And I just want to start by noting kind of seems like a trend, and

the next item is along the same lines as this is another of the you know the state laws where it was adopted and it was. Kind of adopted and then it was up to the cities to figure out how to respond to it. And we have been working to do so and we have an ordinance tonight, to get into compliance with it but there's still some issues that we, the county EJ Harrison and others are still going to have to work out to really get into compliance here But one important note is that the bill sets statewide targets, but it doesn't set individual jurisdiction target so it sets things that the city must do to try to basically make best efforts to get into compliance with the requirements of the bill.

And so ultimately the reason it's on the agenda tonight is we have to adopt an ordinance by January 1st, 2022 which means we need to introduce an ordinance tonight and adopt an ordinance at the next meeting. And it's something just like SB9 and 10 this NSB 9 and 10 are on pretty much every city in the county's agendas over the next two months as everybody's scrambling to get in compliance.

So the thing for us is the city doesn't haul waste we don't have our own environmental resources or environmental solid waste management department. So, what we do is we work with EJ Harrison and the county and we adopt our ordinance to make sure that We are doing our part but we don't actually do any of the waste management or the hauling so most of this presentation will focus on what we do which is our ordinance adoption.

As mentioned, we have to adopt by January 1 2022. The ordinance will mandate that all organic waste generators haulers and other entities that are subject to the regulations must be in compliance by Jane or must be in compliance upon adoption. There's a couple of main points but one of the things More one of the potential impacts of this is that it's going to require tier one generators which are, there's categories of what Tier One generators are but in Ojai the only since we don't have large businesses. The only businesses that will be Tier One generators are the three main grocery stores in Ojai.

So one of the main requirements is that those three grocery stores will have to work with the county to implement programs that recover edible food waste for human consumption. That's one of the big outcomes that'll occur, but the county is currently working on that program and it probably won't be ready by January 1st, but we'll have the ordinance in place by that time.

So, the ordinance will require us to do a few things. One of the things that will require us to do is education and outreach will be required to do annual outreach and education to residents businesses and edible food generators. It'll also require us to make sure that we post updated information on our city's web page which we've started to do but will be required to continue to update that.

It'll also require that the city and EJ Harrison provide residents with access to organics and recycling collection services. It'll require us to perform contamination monitoring. So customers will be required to separate food scraps from their trash recyclables and yard waste. That is a process that is currently in progress, and it hasn't been completely ironed out at this point but the ordinance identifies that that will be implemented.

It will also, one of the points of the ordinance is that it will result in more food waste diversion from residential customers. And it will require that we perform waste audits of trash recycling and organics to check bins for contamination. An additional requirement for the city, it's going to require that the city purchase certain recyclable materials. Beginning January 1st, we will be required to purchase a certain amount of renewable fuels, gases, composting materials or mulch. And the next slide will show in a little more detail what that looks like.

We also are gonna be required to purchase post-consumer recycled content products so we're gonna have to purchase recycled paper and things like that We're already in compliance with most of that but, but the procurement requirements for gas electricity compost and mulch is going to be an impact for for all cities but especially for our small city. As you can see from this slide, my screen cuts off.

It's the ordinance or SP 1383 is going to require that we purchase. As I said, mulch compost electricity, renewable gases. These numbers would be if we were to meet 100% of the target through one product so if we were to say we're only going to purchase compost materials in Ojai we're not going to purchase mulch or are the renewable gas, you know that things like that.

then we would have to purchase 345 tons of compost a year to meet that requirement. If instead we were to say we were only going to purchase mulch, it would be almost 600 tons of mulch a year that we'd have to purchase. And so you can see from this chart the different amounts that would be required some of these things I don't think are even available here yet which kind of shows how this ordinance is really on the cutting edge and And in theory, we understand the ordinance but in practice it's going to be more of a challenge. But electricity from biomass conversion I don't think is available in Southern California at this point so that there are a couple of items that you know we won't be able to procure at this time, but this is a long term Bill, a lot of the requirements go into effect in 2024-2026 and later so at some point we may be able to do those but for now it looks like the requirement will be for us to purchase most likely the compost or the mulch materials to meet that requirement.

And, as is often the case with state requirements. No one is exactly sure how that's going to be paid for at this point but the ordinances will will account for that so One positive because we have talked about this at, at city council before is that the ordinance does in SP 1383 does push forward on the idea of edible food recovery. It'll require that we identify all edible food recovery generators that potentially could be part of food recovery programs.

And we are working on that. And it's right now it's being led as a county wide effort where the county is working, talking to the city's getting all the potential generators and then working on programs that will be on a county wide effort. The ordinance and SB 1383 also require annual reporting, it requires that we maintain records of all SB 1383 regulatory requirements and records of construction and debris recycling for new developments.

And so this list on slide 16 shows the efforts that have already been implemented by EJ Harrison and the city, starting with in July of 2021. The residential service converted from bi weekly to weekly for yard and recycle services. That was one step in getting kind of into getting prepared for SP 1383. EJ Harrison, following that time also implemented a pilot program to separate food waste from the waste stream in the unincorporated area of Ojai. We're also working to jumping ahead a box here we're working on with EJ Harrison on a kitchen pail program that would be offered within the city, a pilot program.

In August of 2021 the city and EJ Harrison also began contacting businesses and multifamily complexes to inform them of the new solid waste requirements. Those contacts included waiver forms for what are called de minimis users who do not generate a high enough level of waste, and we are receiving those waiver forms back and reviewing and identifying potential waivers.

And then the kind of the next step in the process will be shortly after the new year, the phasing in of a new color container system. So that'll be something that there's more information coming up in the newsletters, the Trash Flash newsletters that come from EJ Harrison in coming months. So, as we mentioned in a couple times this is an unfunded state mandate there was no funding provided to get into compliance. It is a state mandate. There's no budget impact by adopting the ordinance however several of the requirements are likely to have cost impacts that have not been funded or accounted for at this time.

And as you can see, with a lot of the details of the programs being worked on as we speak additional costs for these different programs are not known at this time so we expect that as we start to roll out these programs will be bringing some of these items back to council in coming months but In summary, the ordinance is our next step to remain in compliance with SB 1383 as we move into 2022.

And so, with that we are recommending adoption of the ordinance arm sorry introduction of the ordinance with adoption scheduled for the next council meeting in December. The ordinance will assist in helping to meet those levels desired and reducing methane emissions from local and regional landfills. And will be another tool to assist with climate change mitigation.

So we are recommending adoption and I'm happy to answer any questions or introduction.

1:53 – 2:0767 turns

ElectedBetsy StixMayorProposed · by role1:53:49

Just to confirm, there'll be no single use plastics involved in this?

UnidentifiedUnidentified speaker 3Proposed1:53:54

Right so the pilot program that we're working on with EJ Harrison would be a reusable pail program

ElectedBetsy StixMayorProposed · by role1:54:04

Yeah, wonderful. Thank you. Any other questions?

UnidentifiedUnidentified speaker 7Proposed1:54:10

What's the question is this presentation going to the schools also I mean it just in hospitals and

UnidentifiedUnidentified speaker 3Proposed1:54:23

We, let's. So our presentation. We have not given to any schools or hospitals

UnidentifiedUnidentified speaker 7Proposed1:54:29

but I mean it's Harrison

UnidentifiedUnidentified speaker 3Proposed1:54:31

yeah but we can talk to Harrison about where they're here. Oh yeah right here.

UnidentifiedUnidentified speaker 7Proposed1:54:37

Let's have them come

UnidentifiedUnidentified speaker 3Proposed1:54:38

on

UnidentifiedUnidentified speaker 7Proposed1:54:38

in there. Yeah, they've been patiently waiting

UnidentifiedUnidentified speaker 2Proposed1:54:44

for

UnidentifiedUnidentified speaker 7Proposed1:54:44

us to get

UnidentifiedUnidentified speaker 13Proposed1:54:47

Good evening, Mayor Council members I am here to answer any questions and all businesses including hospitals. Everybody has to comply with this law

UnidentifiedUnidentified speaker 2Proposed1:54:57

in school

UnidentifiedUnidentified speaker 13Proposed1:54:58

districts, I am sure that the hospitals have received letters, just like everybody else which included the exemption forms that can be filled out and return to the cities, and then they look at them and decide yes, they are exempt or no they are not. Exempt. So we have and I want to say that, basically, the Harrison's don't sit around much you know for six years we've had programs in your restaurants and we have not a ton of them but we have six, and we do the Ohio Valley in Their food waste comes in multi, multi-tons.

So we've got a lot going for us. We're already monitoring at Gold Coast Recycling. Every Saturday we pick routes from different cities and we look for mistakes. We see you know how many people have recycles in their green waste? How many people put trash in their green waste And we understand that this is an ongoing educational requirement and we are up for that because we have a whole litany of things where we plan to do, including the trash flash which is in the works will be coming out beginning of December.

And we'll be doing mailings to the residents again, letting them know that very soon they will be able to utilize their green waste barrel to bag their food waste and put it directly in that green waste barrel. And we need to do this because contaminating the green waste is not a good thing. Um, is first it raises the cost of recycling very good green waste by contaminating it.

And if you would just imagine a barrel with green waste and food waste in it. The rats, the smell, the dirty barrel.

UnidentifiedUnidentified speaker 1Proposed1:56:57

I thought they called that composting.

UnidentifiedUnidentified speaker 13Proposed1:57:01

So we are requiring plastic bags and i think that is the best program. We don't have many people to follow because there's very few people throughout the state that have initiated any of these programs So it's a trial and error, I think as James mentioned but we're up for it. We think we have a head start on the game. We know exactly who needs the food waste program because we've monitored all of the businesses in Ojai and that will be happening soon also so unless there's other questions we just feel very confident that okay

UnidentifiedUnidentified speaker 7Proposed1:57:44

There's two things. I thought it was going to be a bucket program for the food waste, then I heard you say that the food waste is gonna go into plastic but if it goes into plastic there's a type of plastic that's compostable versus we don't want to encourage plastic do we?

UnidentifiedUnidentified speaker 13Proposed1:58:08

Well unfortunately We've thought about this very

UnidentifiedUnidentified speaker 7Proposed1:58:12

carefully.

UnidentifiedUnidentified speaker 13Proposed1:58:13

And the bags that were given out in the markets are, you can't do anything with them but it doesn't stop people who buy bread having bread wrappers. It doesn't stop all of the things that end up in your home initially but there are also compostable bags that people could buy and use if they chose And you could also put it in a paper bag. So we're giving people the choices, this is a difficult program and we're trying to make it as simple for everybody to comply with because our job is to find that food waste and get it out of the trash, the recyclable barrel and the green waste. So for us again we have nobody to follow and people have said you know we know that these bags are not a good thing but we also know that there are some in people's households that end up maybe in our recycle container.

We'd rather put food waste in it yeah and then we'll make sure that it gets a good home probably in the landfill but very dirty and ucky

UnidentifiedUnidentified speaker 7Proposed1:59:26

I'm trying to visualize, so there's not going to be a bucket program yet. That's in the future? The buckets

UnidentifiedUnidentified speaker 13Proposed1:59:33

are being ordered by the city and they haven't made the decision on many and it will be a program that will be a voluntary program that people will call and the city will distribute the buckets to those that want them. We have talked to people that have used some of the buckets in programs in Southern California and they've told us it hasn't worked That doesn't stop us from trying it. So we decided that it's one of the checks that we need to do, so we are going to be having PAILs for those that want them in Ojai.

UnidentifiedUnidentified speaker 1Proposed2:00:09

Thank you. We're going to put that check on our bucket list and thank you for leading also I know you said you don't have anyone to follow they're following you so thank you

UnidentifiedUnidentified speaker 13Proposed2:00:21

Thank you.

UnidentifiedUnidentified speaker 2Proposed2:00:23

A quick question and I think you know we're willing partner, just talk to us, you know what we can do was a little unclear about the school districts big generator of food waste. Where do they stand? And what are you doing with the school districts.

UnidentifiedUnidentified speaker 13Proposed2:00:38

Sorry, would you my school

UnidentifiedUnidentified speaker 2Proposed2:00:39

district is a big

UnidentifiedUnidentified speaker 13Proposed2:00:40

generator school district has to

UnidentifiedUnidentified speaker 2Proposed2:00:43

wear

UnidentifiedUnidentified speaker 13Proposed2:00:43

it where are we on

UnidentifiedUnidentified speaker 2Proposed2:00:44

developing

UnidentifiedUnidentified speaker 13Proposed2:00:45

that has to be in compliance, everyone

UnidentifiedUnidentified speaker 2Proposed2:00:47

and where are we in the Ohio Valley,

UnidentifiedUnidentified speaker 13Proposed2:00:49

well we aren't most of the schools are already on program

UnidentifiedUnidentified speaker 2Proposed2:00:51

including so they

UnidentifiedUnidentified speaker 13Proposed2:00:52

were already on, they were been on a long time so we're

UnidentifiedUnidentified speaker 2Proposed2:00:55

kind we have that covered public and private as far as you can tell

UnidentifiedUnidentified speaker 13Proposed2:00:58

right

UnidentifiedUnidentified speaker 2Proposed2:00:59

okay

UnidentifiedUnidentified speaker 13Proposed2:00:59

Well, I don't know about some of the private schools. I would assume that Ojai... Well, I think we do have programs in your private schools here. We do.

UnidentifiedUnidentified speaker 2Proposed2:01:07

Okay. Right. And then just one other quick question, I promise. Can you put page 13 up again? That was the procurement list.

UnidentifiedUnidentified speaker 3Proposed2:01:19

This slide, yes.

UnidentifiedUnidentified speaker 2Proposed2:01:21

that had and you were talking about, you know all the list of items there. And then there was mulch and compost and all the others had to do with biogas basically okay? And what I'm asking Nan is are we the renewable gas this like you said this is very new and yet does this have to uh the reason I'm asking this is that Broad picture conceptually, you're talking about electricity from a mineral gas. We've talked about microgrids from solar.

There's a microgrid which combines renewable gas and solar even something conceptually open to study as Harrison Thinking about kind of stepping out of the normal boundaries of just waste management in terms of partnering with cities that might be interested in this kind of thing, at least exploring where we're at in terms of the new emerging technologies in this area.

UnidentifiedUnidentified speaker 13Proposed2:02:26

Well, we do have clean fuel trucks.

UnidentifiedUnidentified speaker 2Proposed2:02:28

I

UnidentifiedUnidentified speaker 13Proposed2:02:28

know so we understand that's an important we're talking about the digesters you're out of my you're out of my area of expertise. I can talk about the compost and the mulch

UnidentifiedUnidentified speaker 2Proposed2:02:39

right

UnidentifiedUnidentified speaker 13Proposed2:02:39

which I know that you are both you and Randy are very familiar with agriman and what agribusiness and so we have a treasure in agriman who has become the number one recycler of Greenways in California we have 18 facilities up and down the state now so, and Harrison as you know our partners with agribusiness

UnidentifiedUnidentified speaker 2Proposed2:03:03

where I'm trying to go with though is the idea of it's centralized versus decentralized really. And if there is an option for divert diverting food waste. In a decentralized local way, rather than transporting it to a centralized location that could be integrated with solar in terms of generating microgrid power. That's something that the state is putting on the table At least conceptually to consider. Am I reading this right?

UnidentifiedUnidentified speaker 3Proposed2:03:30

Yeah, and you know we actually had a meeting this morning me and Public Works and we are going to request from CalRecycle whether some of these ideas would be approved. We're

UnidentifiedUnidentified speaker 2Proposed2:03:45

just starting to think about it. Well

UnidentifiedUnidentified speaker 13Proposed2:03:48

Bill let me say that Mountain View is fully permitted and it should be open by the end of this year we're waiting to put the equipment that's been ordered into the building, right. We still have some permitting problems with the city of Oxnard where it's located. And this program is for the commercial green waste. Right, and we have options there. I mean, we can either turn it back into a liquid form of mulch that we can put back take it to Lyman era, we can create a And we can also turn it into power

UnidentifiedUnidentified speaker 2Proposed2:04:28

and a

UnidentifiedUnidentified speaker 13Proposed2:04:28

generator. So the options are there, but you're talking more about agri-men...

UnidentifiedUnidentified speaker 2Proposed2:04:35

No I'm talking more about the issue of you process in your sustainable envelope, the Ojai Valley as opposed to centralized processing county and what's the balance between the two? There's economies of scale, of course, but there's also transportation miles that could be Avoided. I'm just putting it out there, this is the first time I've seen this list and it just provokes some thoughts that I think we'll need to

UnidentifiedUnidentified speaker 13Proposed2:05:03

explore. Danny Harrison is that person that's waiting and I don't know if he can answer further my questions because again you're out of my area of expertise, I'm a trash queen.

UnidentifiedUnidentified speaker 2Proposed2:05:13

Right but I mean conceptually if the city had included renewable gas generation in a microgrid system that would be part of procurement

UnidentifiedUnidentified speaker 3Proposed2:05:23

That's what we're trying to get confirmation from CalRecycle.

UnidentifiedUnidentified speaker 13Proposed2:05:26

I'm sure

ElectedBetsy StixMayorProposed · by role2:05:27

it'll be on the table.

UnidentifiedUnidentified speaker 2Proposed2:05:28

OK, thank you.

ElectedBetsy StixMayorProposed · by role2:05:30

Thank you. Thank you. Thanks, Nan. And just to confirm, I'm going to keep harping on this no single use plastics. We can decide not to do that correct James?

UnidentifiedUnidentified speaker 3Proposed2:05:41

So we are implementing a pilot program to try not to do that. But the question, could a resident choose not to use the pail? That's the

UnidentifiedUnidentified speaker 2Proposed2:05:54

challenge. I share with the mayor this has been kind of a pet peeve of mine because our current single-use plastic ordinance As this hardship clause which is real easy to get out of in terms of costs, and I have a long thought we should look at that specific you know what's the practical alternative and right now it's easy to say I think it's what I don't know 10 cents or 1010% or something like that. It's a very low percentage.

And, and when you think of the externalities of what's involved that percentage probably is too small. It's something to revisit. You know, we haven't really thought through and this gets back to getting back to a regular order. We gave a lot of exemptions to generate a lot of solid waste during the pandemic with the takeout that wouldn't normally be allowed.

When are we going to get back to no you're not going to serve on disposable utensils? That's not supposedly something we do but it's done under the emergency order But

UnidentifiedUnidentified speaker 7Proposed2:06:59

we could require compostable

UnidentifiedUnidentified speaker 2Proposed2:07:01

utensils. These are all things that we need to think about, and I agree. That's one of the unfortunate aspects of this pandemic has been a tremendous increase in solid waste for food. It's just something that I think we need a review of in our code and how we're implementing it.

2:07 – 2:2028 turns

ElectedBetsy StixMayorProposed · by role2:07:24

Any other questions?

UnidentifiedUnidentified speaker 2Proposed2:07:25

I would recommend introduction.

ElectedBetsy StixMayorProposed · by role2:07:28

Any

UnidentifiedCity ClerkProposed · by roll call2:07:29

public

UnidentifiedUnidentified speaker 2Proposed2:07:29

comment on this item, Gail? I'm sorry.

UnidentifiedCity ClerkProposed · by roll call2:07:31

That's OK. Nobody in the Zoom queue other than Mr. Harrison, Danny Harrison. He's there if you want to ask him. Thank you.

ElectedBetsy StixMayorProposed · by role2:07:41

All right. So move on to discussion. I just have

UnidentifiedUnidentified speaker 1Proposed2:07:43

one comment, Mayor. There is so much information in here And the thing that comes to mind is the enforcement of this. I know it's state mandated and there's a tremendous amount of good in it, but just writing this report must have been a nightmare. And the second part again, it always comes back to enforcement. And on something like this obviously you want to lead with some sugar. You don't want to be beating people over their heads.

So I would think an educational process is a huge component of this. So again along with going in with his introduction that we need to ask staff to come back with, not tomorrow but in the near future with how we can educate the community on this and get a buy-in.

UnidentifiedUnidentified speaker 3Proposed2:08:45

Yes I think that's a good point and the ordinance we actually included language in the ordinance that identifies the first year to be an education period that we would make sure to do outreach and education during.

ElectedBetsy StixMayorProposed · by role2:09:02

And it's very similar to fire hardening, it does come down to the individual and personal responsibility. And 30% to 40% of all the food in the United States is wasted, which is really criminal. And we use 14% of our water to grow that food, which we throw away. Well, we have 35 million Americans who live in food insecure environments so In terms of the big picture, that's what we really need to educate people about and stop throwing away food.

UnidentifiedUnidentified speaker 13Proposed2:09:37

Okay, I just want to answer the question and you know this law is not January one you have to be in compliance and that's great. This is ongoing, which means a monitoring and the educational programs will be continuous, and every six months CalRecycle will check on every city to see their progress and to see how they're doing. So this is something we're going to live with For a very, very long time. And you're right the educational component will be very very important. Something that I forgot to say it's kind of good news is that when we went to the every week recycle for the three barrels.

Your green waste diversion number was at 43 and it went up to 56. So I think that we realized that maybe people were getting a little crowded, especially with the COVID and more people being at home. So as we get into this, we're gonna think of new innovative ways to get the job done. And I wanna say that your staff really did a great job of putting this together And they actually hired the best in the business to help them do it also. So Kim Nielsen is doing these plans across the state of California, she probably knows it better than the legislators who dreamed it up.

Again thank you we'll be on it, we promise.

UnidentifiedUnidentified speaker 1Proposed2:11:04

Thank you so

ElectedBetsy StixMayorProposed · by role2:11:05

much

UnidentifiedUnidentified speaker 13Proposed2:11:05

Dan.

UnidentifiedUnidentified speaker 1Proposed2:11:06

You know Mayor I was talking to James about this and I'm not sure if I brought it up but the rest of you council members about a joint session with the school board soon And we always look at topics, what do we have to exchange? And this is one of them. This is one of the most important things that we can do together to... Again a process like this starts with your children or your grandchildren asking you the question of composting or recycling and I think it's important we start there.

Commentmy name is BillProposedself-stated2:11:43

Okay.

UnidentifiedUnidentified speaker 2Proposed2:11:47

Well, may we move introduction of the first reading of this ordinance? Yes. And direct staff to schedule a second reading on 1214. Great. I'll

ElectedBetsy StixMayorProposed · by role2:11:57

second that. All right, we need a roll call please Gail.

Roll-call vote Passed 4–0 move introduction of the first reading of this ordinance? Yes. And direct staff to schedule a second reading on 1214. Great. I'll second tha
Show transcript
Council Member Blatz? Yes Council Member Haney? Yes Mayor Pro Tem Weyrich? Yes Council Member Francina? Yes

Yes, great. Well, great step forward and climate mitigation so thank you all for being here. Thank you guys for coming. Thank you.

UnidentifiedUnidentified speaker 7Proposed2:12:24

Yeah, thank you.

ElectedBetsy StixMayorProposed · by role2:12:27

All right, we'll move on to number five our final item new California housing related laws Senate bills eight nine and 10. So getting feedback work on this.

UnidentifiedUnidentified speaker 3Proposed2:12:42

Yes, thank you and. This is another very complicated set of state laws that we're still working to decode and implement. So I will say kind of up front, there's a lot of detail. I'm going to try not to get too far into the detail but the takeaway what we are The reason we're bringing it today is just to get Council's initial feedback on whether or not we need to proceed with an urgency ordinance prior to this law going into effect.

And, you know potential direction from Council on how they'd like to do that which could occur a few ways either staff can draft something the Planning Commission or the Building Appeals Board could review this and provide feedback so So, when we get into the weeds a little bit here. That's the key question is just you know whether or not there's interest in developing that urgency

UnidentifiedUnidentified speaker 6Proposed2:13:48

ordinance. And the one point that might worth be adding as well if I could jump in there is the choice is not urgent or nothing. It's urgency ordinance or direction ordinance to come in the regular order mindful that there may be some gap in projects who might apply January 1 and would come in under that default state law.

UnidentifiedUnidentified speaker 3Proposed2:14:08

Thank you. And so, people have been hearing a lot about this lately we mentioned a couple meetings ago that we had submitted a letter along with 300 other cities opposing senate bills eight nine and 10. But ultimately, they passed and were signed into law by Governor Newsom. The comment a lot of people are pointing out right now they were signed in the day after the recall election so take that for what it's worth.

But essentially these three laws taken together are all related to addressing the housing shortage and The claim from proponents is that they address affordable housing, although that is argued by opponents. So what are Senate Bill 8, 9, and 10? Each is a little different. Senate Bill 8 extends the Housing Crisis Act that's already in place. It was supposed to expire or it ran from 2019, was set to expire 2025.

SB 8 is now extending that housing crisis act of 2019 to 2030 so it's going to be in place for an additional five years. And so, but, but the, so it's extending that act but it doesn't add a lot of additional requirements. However SB nine is the bill that is going to add some additional wrinkles into, into our housing related laws so SB nine Essentially going to allow lot splits, to be permitted by right if a lot is at least 1200 square feet. There's a lot of asterisks and caveats to that statement but it essentially requires a city to ministerially approve a housing development that contains up to two residential units on a lot in single family residential zones It goes one step further than current at you law.

Current at you law allows essentially three units on a parcel, which the three units currently allowed on one parcel is a primary unit and accessory dwelling unit and a junior accessory dwelling unit. With SB nine, you can now under SB nine have four units and there'll be an illustration of this later in a couple slides but you can have four units. Now with an additional primary unit so.

So, potentially adds density and to neighborhoods it doesn't provide any sort of additional funding or you know anything for the impact or the infrastructure costs or anything like that. A lot of cities have concerns with kind of this. It's an arbitrary you know addition of a unit without any city oversight or any regulation, essentially, so. So there are limitations to SB9. Applicants must sign an affidavit stating that they will occupy one of the housing units for three years.

I think we tend to hear with those types of requirements about how difficult they are to enforce, and I would expect that to be the reaction to that state limitation. The limit also requires them to be used as residential uses and not short-term rentals But again, no funding or enforcement plan from the state it'll be up to the cities to enforce those. And then lastly, we'll get into SB nine a little bit more because there's a lot to it but SB 10 is an optional program that allows city to up zone any parcel for up to 10 resident residential units if it's located in transit rich areas and urban infill sites.

So that program is optional so that one, we didn't dig into quite as much because the question will ultimately be whether the city opts into it. I mentioned on SB nine the difference from going from the current three units to potential for units on a parcel. So on this illustration, the image to the right shows current ADU allowances. The three units and One second, half of my screen's blocked. So the current ADU law allows three units which is that primary structure, the white box in the middle, the junior ADU that can be within that structure and then the accessory dwelling unit that can be located outside of this, the primary structure SB 9 now, as we leave that

UnidentifiedUnidentified speaker 2Proposed2:19:26

slide up I'll have a question on it before you.

UnidentifiedUnidentified speaker 3Proposed2:19:28

Okay. SB nine goes one step further it allows for units and so you can see from this. You see a primary structure in an ad you and you see another new home and another at you say again it just allows that additional primary structure on a, on a site. So, and you said you had a question the American asked

UnidentifiedUnidentified speaker 2Proposed2:19:50

question on that slide. So the left slide, is that a new property line behind the horizontal? Yes.

UnidentifiedUnidentified speaker 1Proposed2:19:59

That's a new property line.

2:20 – 2:3134 turns

UnidentifiedUnidentified speaker 2Proposed2:20:04

So how do the people in the back get

UnidentifiedUnidentified speaker 6Proposed2:20:05

utilities without an easement from the front lot? So SB9 contemplates that being solved one of two ways. Sorry to jump in if I may. Option one is, if we assume that this is a corner lot for example or through lot where there's access both sides and they're theirs more likely it's it's the axis is only off the bottom where it says public street and then yeah it'll be an easement So the SB9 mandates easements as well? Effectively yes.

The state, the law doesn't state that expressly it requires that utilities be created but because the owner who will be doing this owns both to start they own the single the full larger lot then they split it themselves they can accomplish the easements as part of the approvals you'll also recall that you can have an easement for yourself but The easement doesn't it doesn't isn't necessary until the lot is sold off separately. So a condition of sale will be create these minutes, we can impose that in the conditions of approval,

UnidentifiedUnidentified speaker 2Proposed2:21:03

but also the lot split would make it. I'm also mandated there be no waiver of capacity and connection charges for the utilities if you did a lot split as opposed to adding an ADU on an existing parcel.

UnidentifiedUnidentified speaker 6Proposed2:21:19

That's correct, though one of the few areas of this law that aren't challenging for cities is the full fees apply. There's no impact fee. There's no

UnidentifiedUnidentified speaker 2Proposed2:21:29

other utilities so sewer water

UnidentifiedUnidentified speaker 6Proposed2:21:32

yeah no they would have to pay

UnidentifiedUnidentified speaker 2Proposed2:21:33

me dramatically raises the cost of adding a unit from a lot split as opposed to adding a unit on an existing law.

UnidentifiedUnidentified speaker 6Proposed2:21:42

Yes and yes, those connection fees would have to be paid. Okay. And the reason why someone might do that is because you can sell the back off, you can sell it separately. But of course those fees have to be paid. The minimum size is 1200 square feet? Both resulting lots have to be 1200 square feet so the starting size is 2400

UnidentifiedUnidentified speaker 2Proposed2:22:02

unless

UnidentifiedUnidentified speaker 6Proposed2:22:03

I've got that wrong. I

UnidentifiedUnidentified speaker 2Proposed2:22:04

said the minimum

UnidentifiedUnidentified speaker 6Proposed2:22:05

size for a

UnidentifiedUnidentified speaker 2Proposed2:22:05

lot fit would be set. So

UnidentifiedUnidentified speaker 6Proposed2:22:07

you

UnidentifiedUnidentified speaker 2Proposed2:22:07

have

UnidentifiedUnidentified speaker 6Proposed2:22:07

to start with creating lots

UnidentifiedUnidentified speaker 2Proposed2:22:09

of

UnidentifiedUnidentified speaker 6Proposed2:22:09

1200

UnidentifiedUnidentified speaker 2Proposed2:22:09

square feet

UnidentifiedUnidentified speaker 6Proposed2:22:11

Yeah, that's the minimum final lot size. The other restriction is the smaller has to be no smaller than 40%. So if you start with a 10,000 square foot lot, you're looking at 4,000 and 6,000. You couldn't do 1,250 and 8,500 on the other side.

UnidentifiedUnidentified speaker 1Proposed2:22:37

So just on the same line is Cause I think there's fear associated with this is that everyone in Ojai is now gonna split a lot. I've got an 80 by 80 footprint, there's no way it's getting split. There's no feasibility however if we drive down drown or you drive down daily and you drive in numerous places in the community there's an opportunity for this. So the downside is density The plus side is housing.

So that's the fight, and we just had a big discussion about this in BCOG, and it was interesting. Every one of us is going to have a different opinion on what we see, the benefits, And not so beneficial to

UnidentifiedUnidentified speaker 2Proposed2:23:34

I didn't mean to get us into the deliberation. I just have a question on this.

ElectedBetsy StixMayorProposed · by role2:23:37

Go ahead and finish your shirt.

UnidentifiedUnidentified speaker 3Proposed2:23:40

Yeah, I think one point there because I meant to put this in the presentation is we are. I wanted to be able to have the data to say today that I think I believe, because oh hi does have big lots for for parts for properties that i believe every single read every single family residential zone property would potentially be eligible for this. Now there's a lot to that but I think that all of our lots are big enough. We didn't get that data to.

Confirm that but what I will say is we did not find, we have not yet found any single family zoned lots that do not meet that requirement. That size requirements so again because Ojai does tend to have large lots for the property for a single-family properties

UnidentifiedUnidentified speaker 1Proposed2:24:37

So, James is there a mirror question is there anything regarding existing zoning requirements such as setback so if someone was doing a lot split on something of that nature are our existing setback guidelines and code still relevant or are those waived

UnidentifiedUnidentified speaker 6Proposed2:24:57

also. It's actually the slide that's up. I'll let James speak to it. Yeah, what is it before but you can speak Oh yeah so the city can impose objective standards including our existing setbacks with an asterisk. The asterisk is we have to relax the setbacks if imposing them would block two units being constructed or would prevent either of the units for being at least 800 square feet floor area. So in other words sorry what was the last part. or being at least 800 square feet in floor area.

So if the rear setback was what blocked fitting the second unit, or the third or fourth unit in the prior example then we would have to relax that but otherwise we can still impose them so it's maintained with an asterisk

UnidentifiedUnidentified speaker 3Proposed2:25:47

And I thought the thing I said about four foot, and maybe you can confirm this but I thought that it can be reduced up down to four feet if needed to, to fit the two units on. On rear inside it could be reduced to four feet is what I recall, I believe that's correct yes I don't think you can go to zero lot line. And so, as the city attorney mentioned so one thing the city can do is the city can impose objective standards objective being the key word. So we can say you know we can identify specific things like height limits and things like that, that can help or that can address potential concerns And so, one of our one of if Council were to choose to direct staff to develop an ordinance to to do what the city can about this. One of the key things we would do is develop objective standards.

And so that is one of our recommendations. I think the key issue there is, I think Councilmember Haney you made a point about, you know, it's the trade off is density for potentially, you know, more units and hopefully affordability One of the things that when we look at it as a city is the challenge right now for us is, it's just this law does. It just does not give the city any really ability to regulate or any standards are things that we can apply to these properties so that's one of the things that we could do is identify objective standards to address major concerns So, there are some exceptions. And these have been focus of a lot of conversation but the exceptions also have exception so they really are not.

They really are not the exceptions that maybe people expected them to be. I think for a while now people have heard one of the language originally included an exception for very high fire hazard severity zones, which I think a lot of people had assumed would then apply to a lot of Ojai. But in reality reading through the The language, there's so many holes in that exception that it really. That is not going to prevent any of these splits from happening and Ojai, or it won't prevent very many of them if any of them.

There's also an exception for properties that are located, that are either historic landmark properties or in historic districts. We, I believe terminus our historic district so termina this this could potentially apply and then for the landmark properties we have. And then It also, there's also not an exception but it doesn't say that HOAs cannot limit this ability so any neighborhood that has a homeowners association potentially could amend their CCNRs to prevent this from happening in those neighborhoods.

UnidentifiedUnidentified speaker 1Proposed2:29:15

And we have how many of those.

UnidentifiedUnidentified speaker 3Proposed2:29:17

We do have some HOA is I'm not off the top of my head, I don't know how many

UnidentifiedUnidentified speaker 6Proposed2:29:22

it's a relatively narrow exception but it is still absolute it also applies only to mandatory choice that is ones for which A condition of owning the property is membership in the corporation that is the HOA and that are organized under the Davis-Sterling Common Act. So like a gated community, which we have no gated communities but we have communities with private streets that manage our HOA setup. A voluntary HOA doesn't count and it's also worth noting that as we saw with ADUs there it took five years and they the legislature adopted amendment to the, to the laws that govern each way is to prohibit them from banning at us. So this may be a somewhat short lived exemption but it works for now.

UnidentifiedUnidentified speaker 7Proposed2:30:09

Yeah I have a couple of questions. So first, for example persimmon hill. Those are large properties. And plenty of parking space and all that, you know it's pretty private because people only people that live there and their guests pretty much go there. So how does that impact I know, I think Matt just tried to explain it but just to clarify

UnidentifiedUnidentified speaker 3Proposed2:30:36

so they haven't. They have an HOA so they're one of the few that I was thinking of. So they theoretically their HOA could limit or could amend their CC and ours to limit the impact of this. But we don't know if they're going to do that. That hasn't been a conversation we've had yet.

UnidentifiedUnidentified speaker 6Proposed2:30:57

And it would be up to the Persimmon Hill HOA to take advantage of that opportunity and that power, and it may be the case their existing CCNRs are already strong enough to prohibit lot splits and duplexes but as I've seen in another community represent with a number of HOAs most CCNRS written before a certain point this was never even possible so they didn't prohibit it So they may need to amend their CCRs, as a number of HOAs around the state are doing. It's particularly in the Southland. Most of the lawyers who are daily... Their daily job is representing HOAs or are fast on these CCR amendments.

UnidentifiedUnidentified speaker 7Proposed2:31:35

This is the very location that could have more density. You know it's ironic.

2:31 – 2:4646 turns

UnidentifiedUnidentified speaker 1Proposed2:31:44

Well, that's why they're also a choice. Is there a pre and post regarding these amendments. So in other words, And I know we're talking about writing regulations. Is there anything that says, well it says you can write regulations but there's limits to what you can write? HOAs must have the same thing that they've imposed this mandate on California so that we build and they don't want entities to limit that ability to build.

UnidentifiedUnidentified speaker 3Proposed2:32:20

Yeah, and that's what I think our assumption is that as cities figure out ways to limit this then the state will react and start taking away those of those powers but right now the main one that we have as a city is identifying objective standards.

UnidentifiedUnidentified speaker 1Proposed2:32:37

So what's a high quality transit corridor.

UnidentifiedUnidentified speaker 3Proposed2:32:40

So I believe they define it as well. It says here it's a

UnidentifiedUnidentified speaker 2Proposed2:32:46

15 minute frequency bus line.

UnidentifiedUnidentified speaker 3Proposed2:32:48

Yeah, 15 or 20 minutes. We don't have any of that. And no, we checked with one and we don't have a car share location either. So that last bullet point does not apply to Ojai right now unless you know unless a lot of bus service gets added

UnidentifiedUnidentified speaker 6Proposed2:33:06

too. Well in one clarification if I could. We can require the one off-street parking space per unit. That first line of the bullet point applies because the exception doesn't, we don't have that second situation. Oh correct yeah so you know if we could. Yeah so right now because we don'y have any sufficiently frequent bus service we can require the off street parking space.

UnidentifiedUnidentified speaker 7Proposed2:33:29

So let me ask a question here, can it be an objective standard to limit the number of cars When people have high density on their property, so they have the four units because we don't want to clutter up the streets with more cars. You know those people could not have two or three cars per unit obviously that would be 8-12 cars

UnidentifiedUnidentified speaker 6Proposed2:33:57

I will take a deep look at that, but as I sit here right now, I do not believe that it would be within the state law to impose an affirmative limit on the number of cars owned by a resident in these facilities.

UnidentifiedUnidentified speaker 7Proposed2:34:10

But how is it that some communities have car-free developments?

UnidentifiedUnidentified speaker 6Proposed2:34:15

The developers have chosen to build car-free developments. It's a bit different than the city enforcing it or the city has money or land in the deal and forces it there. But we'll take a further look

UnidentifiedUnidentified speaker 7Proposed2:34:27

at that. That's one of the main concerns that residents have about density is increasing traffic, we have to look you know look at those two things together obviously

UnidentifiedUnidentified speaker 6Proposed2:34:39

No, and that's where you know as is noted Sacramento has taken away most of the power there. The legislature has taken that power away. But what we can do is always require the one space per unit so for four unit property that's still for parking spaces off street.

UnidentifiedUnidentified speaker 7Proposed2:34:55

Yeah. And we can also limit the parking on the street we can put up signs right.

UnidentifiedUnidentified speaker 6Proposed2:35:02

Absolutely, that can be done at both citywide

UnidentifiedUnidentified speaker 7Proposed2:35:05

or in particular areas. Well do I want a second car that I have to park in downtown Ojai and walk home you know so but it's going to come to that you know those are the kind of things that are coming come up in the future because we have limited space So, you know. The population can increase but the cars can't keep on going in that

UnidentifiedUnidentified speaker 1Proposed2:35:29

direction. But we just approved ADUs didn't we? In tiny homes with no parking restrictions. ADUs as

UnidentifiedUnidentified speaker 7Proposed2:35:36

tiny homes as ADUs.

UnidentifiedUnidentified speaker 1Proposed2:35:39

But with no parking restrictions. Same as

UnidentifiedUnidentified speaker 3Proposed2:35:41

existing ADUs They don't have to. Sure, and I was pulling up the last slide because it speaks a little bit to that. This, the list at the bottom of this slide shows some of the objective standards that some will The only city so far that I've, that I have found that has adopted objective standards to address some of these concerns is Thousand Oaks. And so we went through and talked to Thousand Oaks and found that their objective standards that they've identified are these on this list which is Street and pedestrian connectivity, and automobile access it's really focused that when we looked in detail it's focused on making sure that there's the access for the cars to get to each lot.

Site Development Standards, Building Orientation Standards, Parking Location and Configuration Standards, Building Types and Design Standards, and Frontage Types. Maximum building lengths and you know similar standards so focusing on essentially focusing on you know the length of the building, the height of the building, way that the vehicles will access each building. That's how Thousand Oaks is implementing their objective standards to try to minimize the, the impact of this so So, as I mentioned they are the one city so far that has has adopted those there's actually a county wide meeting all the cities are going to attend on I think it's the 18th where we're going to try to work with the other cities and identify some consistent issues like that but those are examples of those objective standards to this point.

So, with that in mind again lots of detail to this but it goes into effect January 1. Bringing it today was to give Council the opportunity to say, to tell us direct staff to either prepare something in advance of that. Or if it's not a concern or if it's not something that needs an urgency ordinance then we would not prepare it but that is the question for City Council today. So, yes.

ElectedBetsy StixMayorProposed · by role2:38:08

Okay, thank you James yet we have one public comment Larry Steingold Thank you for waiting Good, glad.

UnidentifiedUnidentified speaker 9Proposed2:38:20

Aside from SB9 and SB10 the city all these cities keep losing powers losing control to the state which is represented by our own representatives who we vote for so these people who we vote take away powers from you and take away our freedoms or choices, or whatever. And it's incumbent upon you and all the other hundreds of cities to call out these legislatures who we vote for and put them on notice that they get down here and tell us why taking away powers from you telling us what we should do and taking it to Sacramento because this is like giving up...

Why even call yourselves a city? Formally, I'm asking you to formally ask Bennett and Lamont to come down here and to go to all the cities and tell them how they are helping the suburbs. You want more affordable homes? Fine. You have more people growing. The population of a country was 150 million in 1951. Now it's 375. And more homes got built and higher density.

The guys who want to build the hotel want to build three-story apartment houses. Is that what you want in Ojai? Okay, well they can build 35 feet, sorry. I mean when do people start telling our own voted legislatures who we only see when they come out looking for donations or to get reelected or to push for some proper group to protect our interests, the suburbs. You want to build an ADU? OK. But the potential is horrendous. Everybody complains about the traffic in Ojai. Ojai has a character. There's 8000 people here. Do you want 20000?

If they're all affordable, that's great. You're against cars? Fine! You can have cars up and down Drown. Go down Drown Avenue at 730 in the morning and it's bumper to bumper on the whole sides of both streets, right? Practically.

UnidentifiedUnidentified speaker 1Proposed2:40:36

No, I think you're exaggerating a little too much but I'll let you exaggerate today.

UnidentifiedUnidentified speaker 9Proposed2:40:40

Okay thanks but the point is you want 8 000 people here? Great! You want 10 000? You want 20? When are you going to put a cap? Everybody wants the character. Ohio's small it's cute it's quaint and ain't gonna be quaint with 30 000 people or ten thousand people You've got farms, they talk about water. Okay, no water for the farms? Farmers gonna have the farms? Let's subdivide all the farms and make them residential. But these are all other issues. I'm more concerned about our legislatures taking away things from the city and ultimately taking away things from us.

We vote for these people. How come it's so easy for them to keep taking and giving more power to the state so that they can have more power? They write laws that tell us that we can't have a conversation Why? So that they don't have to answer questions.

UnidentifiedUnidentified speaker 7Proposed2:41:32

Great

ElectedBetsy StixMayorProposed · by role2:41:36

timing, thank you. Thanks Larry. Any public comment on Zoom? No

UnidentifiedCity ClerkProposed · by roll call2:41:47

none.

UnidentifiedUnidentified speaker 7Proposed2:41:48

Okay

ElectedBetsy StixMayorProposed · by role2:41:49

thank you. You have a question?

UnidentifiedUnidentified speaker 7Proposed2:41:51

Yeah so the state is allowing us to do this but they're not forcing

UnidentifiedUnidentified speaker 6Proposed2:41:57

us. The state is forcing the city to process applications for lot splits and duplexes that meet these standards

UnidentifiedUnidentified speaker 7Proposed2:42:06

yes but I mean it's still in the some people have to want to do it

UnidentifiedUnidentified speaker 6Proposed2:42:12

absolutely you're

UnidentifiedUnidentified speaker 7Proposed2:42:13

not going to make people develop their property that's correct your property owner

UnidentifiedUnidentified speaker 6Proposed2:42:18

must

UnidentifiedUnidentified speaker 7Proposed2:42:18

want to do it and then That's correct, right? Yes. An

UnidentifiedUnidentified speaker 6Proposed2:42:24

individual has

UnidentifiedUnidentified speaker 7Proposed2:42:24

to

UnidentifiedUnidentified speaker 6Proposed2:42:24

choose to develop the land they own. Yeah. The state is not forcing this development to happen on property owners. They can choose but it is their choice.

UnidentifiedUnidentified speaker 7Proposed2:42:34

Yes okay so and then you mentioned that a developer can have as some cities already have a car-free development and by that same token a property owner if he's thinking it through He can if say he puts four units on his property, but as the property owner. He can also limit the number of cars, he can rent to people or he himself can have his own car sharing business on the property.

You know say that he doesn't want to clutter up his property with cars. That's legal, correct? It's legal for a property owner to rent just if they live close to town and it's you know we don't want a draconian so don't characterize me as someone that doesn't like cars. Cars have their place but but it's we need to recognize when you have this kind of density you want to start being more creative and with With, you know, sooner or later Ojai will have a car sharing program. Many cars sit in the driveway for days on end, you know? And they're going to sit more as people walk and bike and use transit more so there's no reason why a property owner couldn't make that part of the deal if he wanted to. Is that correct?

UnidentifiedUnidentified speaker 6Proposed2:43:55

So if that's a question which is kind of property owner, that is a landlord or a developer limit the use of the number of cars and the units on the site yes they could do so. But the key is it's the developer doing so not the city as a regulator

UnidentifiedUnidentified speaker 7Proposed2:44:08

Yes, Yeah, we can make them aware of that they might not even have thought of it until it's too late. You know, you know, but anyway. Okay, thank you. Thank you for just

ElectedBetsy StixMayorProposed · by role2:44:20

one. Well and once again, this is a one more way to feed the gentrification machine and rich people will continue to get richer and poor people continue to get poor with this because any Wall Street Anybody can walk in, buy up and then you know tear everything down build four units and charge whatever there's no rent stabilization there's no living wage so it's not going to help poor people it will only help wealthy landowners get wealthier.

UnidentifiedUnidentified speaker 2Proposed2:44:53

And I want to agree that the unfortunate aspect of this Is is terrible speculative deep pocket involvement in local city character, and if in terms of how this is structured in such a. Well, it's structured in such an overreaching way that it's going to have massive unintended consequences. And I think that is one of them. And for that reason, I would definitely like to see an urgency ordinance with a lot of you guys are in the process of hearing about ideas and thinking about ideas. And certainly have an appetite for what we can do in terms of an urgency ordinance to at least slow this train down a little bit before we get some sort of deep pocket speculator coming in and taking advantage of this that might compromise the character of our town.

So like I said, the idea that this thing passes is signed in September and goes into effect in January. And we're supposed to be on top of that in terms of understanding the consequences is a little ridiculous. What's going on in the unincorporated area? What's the county doing about the unincorporated area?

UnidentifiedUnidentified speaker 3Proposed2:46:14

That's actually a very good question. I think I'll have more to report on that at the next meeting, because I believe the county planners are also attending the meeting we have next week to try to understand what everybody is doing. But I've not heard at this point what their plan is.

UnidentifiedUnidentified speaker 2Proposed2:46:31

OK. And would another option be to have the Historic Preservation Commission take up get a staff report of potential historic districts in Ojai? uh and have them start to deliberate on that

2:46 – 2:5629 turns

UnidentifiedUnidentified speaker 3Proposed2:46:47

it's an option the the one caveat there as i as i thought about that is um i don't know that they're identifying any single family residential zones say that again so the areas that i understand that

UnidentifiedUnidentified speaker 2Proposed2:47:01

the hpc is looking at no that's what i'm asking what i may just give an example okay the arbalada is a very unique We design single family residential area that was done more than 50 years ago.

UnidentifiedUnidentified speaker 3Proposed2:47:15

Okay, so you're saying ask them died eligible potentially yes

UnidentifiedUnidentified speaker 2Proposed2:47:21

yeah and wouldn't be historic resource Preservation Commission, be the one to receive information about this from staff as to that might possibly

UnidentifiedUnidentified speaker 3Proposed2:47:29

An area that could be an option asking the HPC to identify potential single family zones, where historic dish that might be warranted. Yeah,

UnidentifiedUnidentified speaker 2Proposed2:47:38

it's at least something to consider. And the other thing I have that you use that I didn't quite understand was it. In response to a previous question and answer, Mr. Summers on page four or five 5-4 the last bullet says an option I think i'm reading this as an option to prohibit creation of any new lot modification of any lot which would require an easement over adjacent property that's within the service okay ability

UnidentifiedUnidentified speaker 6Proposed2:48:14

No we're going to study that one further. We can certainly prohibit it if it was an easement, record an easement that wasn't the original lot being split. We can certainly block that. We'll study if we can with the direction to do an urgency ordinance. We'll study if we can block an easement between the two.

UnidentifiedUnidentified speaker 2Proposed2:48:30

Another reason for an ordinance of the ordinance is to figure out what's going on okay thank you

UnidentifiedUnidentified speaker 1Proposed2:48:37

so You know, I'm torn between this because I think we're getting our panties in a bunch for lack of a better term. We're just getting really all riled up over something that the reality is we don't know what it's going to do. That's the point. So the point is again, do we need additional housing? And so the argument and there's a large group in the state that have come together and they're fighting this.

And their fight is based exactly what the mayor said, if you want to mandate affordability in the state of California then mandate affordability. There's no affordability attached to any of these three bills. That's the downside.

UnidentifiedUnidentified speaker 2Proposed2:49:32

Why

UnidentifiedUnidentified speaker 1Proposed2:49:32

not fund

UnidentifiedUnidentified speaker 2Proposed2:49:33

and incentivize that?

UnidentifiedUnidentified speaker 1Proposed2:49:35

So the only upside, and again we were having dinner Sunday night and there was a phrase that was used and it was about character. And what's your character? And politics driven by character, and Ojai driven by character. It was a real interesting way to look at that word is are you going to do things for the good as your characters say do what's good for the community or does your character say just be greedy?

You know, we're talking about the fear of greed. That's what you're worried about? I'm just stating this out here. So that's the fear. My guess is take it a little slower because there's other agencies that are working on this that are going to come up with a multitude of ideas that we should be weighing in on. Now, if you want to direct staff and say give us two or three months of income back to us.

That's my probably saying the same thing, but I don't know what emergency we're going to write to have by the 14th that we can enact and then start doing with the old high thing. every month add something to it, or every two months add something to it, or every six months. If we're going to do something let's do it right. Let's think it through that's all I'm trying to say here because there is no affordability tenant to it but there is a character tenant attached to it and I think we need to start talking about that a little more at Ojai about who we are

UnidentifiedUnidentified speaker 2Proposed2:51:24

and what is our character. We need time to talk about it that's what the urgency ordinance is about

UnidentifiedUnidentified speaker 1Proposed2:51:29

Well, the emergency ordinance isn't going to do anything other than what some suggestions are here. We're going to amend and amend and reamend and reamend. So it's your call.

ElectedBetsy StixMayorProposed · by role2:51:42

We need to stop this now. And then to do the research. Well, stop it as much as we can so we can do the research because once again this will only make the wealthy wealthier and it was going to do nothing to help people in need in our community so and not to mention I mean to mention that we have a water issue and a fire issue, so we have no business increasing the population by that amount, but this could potentially increase

UnidentifiedUnidentified speaker 2Proposed2:52:16

And could I just along with that. Matthew, Mr Summers in terms of you know obviously we're not deep pockets with respect to litigation funds but are there cities looking at challenging this law on other you know on more than just legislate on as being a you know, unconstitutional or other grounds.

UnidentifiedUnidentified speaker 6Proposed2:52:43

I have heard of a number of cities considering it. I haven't heard anybody having filed a lawsuit yet. I understand there are cities considering a challenge on a variety of grounds. There is also a ballot measure that is pending title and summary at the Attorney General which is the first step before they can go get signatures that would be a statewide local zoning preservation law where they would among other things undo this You'll just keep us informed. I'll keep you informed as of all of those.

UnidentifiedUnidentified speaker 2Proposed2:53:14

And the other thing is, just for the record on SB 9, last I asked Lamont abstained? That's my understanding. She did not record a vote and I believe Bennett voted against it when it came to the House lower house.

UnidentifiedUnidentified speaker 6Proposed2:53:37

I confess I'm not sure how he voted off the top of my head

UnidentifiedUnidentified speaker 2Proposed2:53:40

The point I'm trying to make is that I do find it, for something of this impact to have our Senator not take a position on it is disturbing. That's why we vote.

UnidentifiedUnidentified speaker 1Proposed2:53:55

Don't vote for it. Are you ready for a motion? Yeah.

ElectedBetsy StixMayorProposed · by role2:53:58

Okay well so let's have a motion for the staff to prepare an emergency ordinance. Urgency.

UnidentifiedUnidentified speaker 2Proposed2:54:06

Second.

ElectedBetsy StixMayorProposed · by role2:54:07

Okay, we have the roll call please Gail.

UnidentifiedCity ClerkProposed · by roll call2:54:09

Who made the motion? Excuse me.

ElectedBetsy StixMayorProposed · by role2:54:11

I did.

Roll-call vote Passed 3–2 motion for the staff to prepare an emergency ordinance. Urgency. Second. Okay, we have the roll call
Show transcript
Oh okay. Council Member Blatz? No. Mayor Pro Tem Weyrich? Yes. Mayor Stixx? Yes Council Member Francina? Yes Council Member Haney? No

Okay all right moving on any council member reports?

UnidentifiedUnidentified speaker 2Proposed2:54:35

I have a short one i'd like to Make a comment on, we know big money circulating in LA more and more. And we just kind of alluded to that in terms of exploiting this situation. And as the payoff is, as the yield, as the rate of return rises for especially special events The incentive for engaging in special event behavior that are just general behavior in general, that is outside of compliance with our permitting and code rises as well.

And what we don't want to have is a situation that may be developing where Lack of compliance with the city's permitting and regulatory rules is simply a cost of business. Write a check, go on, continue to defy or brazenly basically just proceed without not an innocent oh we didn't know, just well we do know and we don't care. This is what we're going to do anyway, because it's such a payoff economically.

And I just want to express my opinion and my support for staff to objectively enforce our permitting and land use regulations and especially these special events that seem to be popping up more and more. And i'm talking plural not one. I just think it's important that we express our support for staff to do what's necessary in terms of regular order and compliance, including citations and escalating fines for repeat offenders.

And that's my feeling and I just wanted to so state it.

2:56 – 3:0238 turns

ElectedBetsy StixMayorProposed · by role2:56:46

Thank you, Bill. Anyone else?

UnidentifiedUnidentified speaker 7Proposed2:56:48

I have a...I'm still interested James in how many homes in Ohio are unoccupied and if we can do it a tax like some cities are already doing. You know, if they're unoccupied nine months out of the year or whatever just you know looking at what other cities are doing If there's enough of them to make it worth our while to, you know, pursue this. Okay.

UnidentifiedUnidentified speaker 3Proposed2:57:17

It's if it's a request for a future agenda item then our protocol is, if there's a second to it we'll bring that back so

ElectedBetsy StixMayorProposed · by role2:57:27

any other council member report

UnidentifiedUnidentified speaker 2Proposed2:57:28

yeah I would second at least one you know what our options are

ElectedBetsy StixMayorProposed · by role2:57:31

okay let's hold on one second. Okay,

UnidentifiedUnidentified speaker 2Proposed2:57:34

well, we haven't gotten

ElectedBetsy StixMayorProposed · by role2:57:35

there yet

UnidentifiedUnidentified speaker 2Proposed2:57:35

but we'll

ElectedBetsy StixMayorProposed · by role2:57:36

get there.

UnidentifiedUnidentified speaker 7Proposed2:57:37

Okay. Yeah. Let's want

UnidentifiedUnidentified speaker 2Proposed2:57:39

to know what our options are yes.

UnidentifiedUnidentified speaker 1Proposed2:57:41

I was wondering if we were just making comments now we're still in city. We have a

ElectedBetsy StixMayorProposed · by role2:57:45

tendency to do this council member reports, shout out to the film festival. Great job last weekend. Anybody else before you move on a city manager report. Yeah, but we'll get there. Thank

UnidentifiedUnidentified speaker 3Proposed2:58:05

you. Yeah, just two quick items I think one's been mentioned a couple of times today but next Wednesday, November 17 at the Boyd Center we will have our regular planning commission meeting the agenda for that meeting will include the school districts proposal for the chaparral project So, that will be it was noticed in last week's paper it'll be publicly noticed and this week's paper as well but the public may be interested in attending that public concept review on November 17. We're getting a lot of questions about it so I just wanted to state that.

Second, just before this meeting and apologies I think that was a couple of minutes late. We were commenting on the Ventura County supervisors redistricting which the meeting started at six o'clock. So we submitted those comments for each of the public hearings and then we also submitted those to the, to the board at about 6 27pm today. I've heard back from a couple that they've received those comments so just that note as well

not transcribed≈16s of audible speech the AI couldn’t make out▸ listen
UnidentifiedUnidentified speaker 2Proposed2:59:38

it's just on the basis of the watershed for goodness sake.

UnidentifiedUnidentified speaker 3Proposed2:59:41

Yep.

ElectedBetsy StixMayorProposed · by role2:59:41

Thank you James Matt for making that happen down to the wire.

UnidentifiedUnidentified speaker 3Proposed2:59:46

Yeah, apologies for the... No don't apologize for being late.

ElectedBetsy StixMayorProposed · by role2:59:50

Okay any future agenda items Bill and Susan?

UnidentifiedUnidentified speaker 2Proposed2:59:55

I think it's worth...I would agree we need to understand what our regulatory options are for extended vacancy residences. It's a form of short-term rental in my opinion and i don't know what our options are

UnidentifiedUnidentified speaker 7Proposed3:00:12

Other cities

UnidentifiedUnidentified speaker 2Proposed3:00:13

do. But I would like to know what, I would like to know the options. That's not saying i would take a particular position it's worth knowing what the options are. Okay so we'll schedule it for future. It's a form of vacant building yep we can assess there has been an issue of enforcing our vacant building ordinance as it stands already and is worth no it's worth understanding not presuming a particular action

UnidentifiedUnidentified speaker 7Proposed3:00:37

because some people are just waiting to sell it

UnidentifiedUnidentified speaker 2Proposed3:00:40

Well, let's just see. I have long standing had a position that city should not be encouraging supporting land speculation. And so let's find out.

UnidentifiedUnidentified speaker 13Proposed3:00:52

Yeah,

UnidentifiedUnidentified speaker 2Proposed3:00:53

that's all I'm saying.

ElectedBetsy StixMayorProposed · by role3:00:55

Okay, and I just wanted to bring up we had mentioned as a group we agreed to get six month reports from nonprofits whom were funding at which we asked I believe the fire safe council to do. So it's about six months that we has gone by since we've given away money so can we ask for a six month report from those nonprofits. From the nonprofits when we've given money to. Yeah,

UnidentifiedUnidentified speaker 3Proposed3:01:23

it's a good idea. Yeah.

ElectedBetsy StixMayorProposed · by role3:01:25

Okay,

UnidentifiedUnidentified speaker 3Proposed3:01:25

well, we'll contact the folks that were designated in the June budget adoption.

ElectedBetsy StixMayorProposed · by role3:01:33

Thank you. Anything else right I have

UnidentifiedUnidentified speaker 1Proposed3:01:34

one there. The your fire safe Council. That's your fire disaster with the council that you chair.

ElectedBetsy StixMayorProposed · by role3:01:44

Disaster

UnidentifiedUnidentified speaker 1Proposed3:01:45

Council. What I'd like, I'd like a report back on how that was created by code here how it was created relax all right

UnidentifiedUnidentified speaker 2Proposed3:01:58

that's in the code

UnidentifiedUnidentified speaker 1Proposed3:01:58

okay i understand how it was created and what I'm what I'm thinking of What I'd like to see is because you guys sit, there's two that sit on the count that sit on it. The mayor chairs it and Councilman Wyrick was or is it the second in command? What's our second? No James and you said not but William sits on a two as the- It's up to the

UnidentifiedUnidentified speaker 2Proposed3:02:33

mayor

3:02 – 3:056 turns

UnidentifiedUnidentified speaker 1Proposed3:02:37

Okay, so what I'm looking at is you guys sit on this council. You have to come back to this council to talk about any expenditures or any use of city manager time and I'm just thinking that why don't we remove that step? And I was thinking of the old redevelopment agency where the City Council would meet and then they put their redevelopment hat on and have a meeting about that And I'm just thinking if we all shared the same information regarding this council, that it might be beneficial to remove some red tape and get some things done faster. Because the council could all meet. We could direct quicker.

We could all receive the same information from the same people. And if we have people come in and speak to us, we'd at least be hearing it firsthand rather than secondhand. So that would be my request that we come back and just look at how that code was created and if that's beneficial. That's what I'd like to see on the agenda. And Mayor, it's not to step on anyone's toes. It's to expedite the process and to also make all five of us a part of it because we are a part of it. It would just remove one layer.

UnidentifiedUnidentified speaker 2Proposed3:04:08

Ryan. Not sure exactly what's going on, what the

UnidentifiedUnidentified speaker 5Proposed3:04:12

issue is. I don't even know what the hell you were talking about. I mean that was...I'm not totally sure what that meant. I think the fire safe...I think Disaster Council is fine and it's been around forever. I wasn't...I don't know why you're calling me out to try and second that.

UnidentifiedUnidentified speaker 1Proposed3:04:27

Well here's the reality of it. It was around forever then it stopped and then it was after the Thomas Fire that the mayor actually re-enacted it and started holding meetings That's all I'm trying to say is there's a process here and there's some time element, and there's some information that's passed on that I think it would be appropriate to come straight to council.

That's all I'm saying. If it's not, it's

ElectedBetsy StixMayorProposed · by role3:04:51

not. All right. Anything else? I guess on that note we will adjourn.

UnidentifiedUnidentified speaker 2Proposed3:05:01

Yeah.