City Council — 2022-06-14

We have a quorum. Could we have the roll call, please, Gail?

birthday. There

we go.

Right hand over your heart, please follow me.

that can be used at all grade levels and we just started that a couple days ago and we've already raised $700. That could be found on GoFundMe.com and just search for Ojai Book Drive. Thank you for your time you guys.

And once again, thank you so much Michelle for spearheading this and making this happen. And the book drive is incredible. So everyone please donate. Now I'm going to give the proclamation. The fun part. Proclamation. Whereas the lesbian, gay, bisexual and transgender and questioning LGBTQ communities form an integral part of the vibrant culture of Ojai. And whereas the diverse LGBTQ community continues to contribute to the widespread academic economic artistic and social spheres within the Ojai Valley and beyond.

And whereas June is designated as Pride Month to commemorate the Stonewall Riots, which occurred in June 1969 and are recognized as a catalyst of the LGBTQ rights movement. Being out and visible is one of the most important actions that members of the LGBTQ community can engage in to provide positive role models, and to support those who may be struggling with their sexual orientation.

And whereas the City of Ojai is committed to protecting the civil rights of all its citizens as well as celebrating diversity, supporting fairness fighting discrimination and protecting the most vulnerable LGBTQ members among us our youth seniors and the homeless. Now therefore be it resolved that I Betsy Sticks mayor of the city of Ojai and on behalf of the Ojai City Council do recognize June 2022 as Pride Month in Ojai and encourage all residents to recognize the enduring efforts and ongoing contributions of the LGBTQ communities in Ojai and nationwide. Thank you.

Thank you. Thank you all. So inspiring. All right, we will move on to commission reports and we have a report from Brian Akinsey from Historic Preservation. Thank you, Brian.

Thank you, Mayor. I'm here giving a report for the Historic Preservation Commission. I am the chair of the commission. I started out with one item over the last couple weeks has grown. Number one item to talk to you about is currently, I am I along with Cindy Convery are reaching out to the parcel owners that are within The local downtown historic district that we proposed to you.

And you know what the parcel vote is, it's in the code past February and March of 2019 but the city of Ojai actually owns seven of the 89 parcels we've identified Six of those parcels are landmarks. Oia Valley Museum sitting parking lot, there by Rainbow Bridge, the Ohio Arcade, the Libbey Park Sycamore, the jail tennis courts and the seventh one that's not a landmark yet is the OI pergola. So I am requesting, just found out I could do this as the chair of the commission that if you could please put me on the agenda for this to be discussed and for the city council to come to a vote. I sent you the fabulous form that we got from your city attorney. That's what everybody will be using to indicate their preference or their non-preference.

That's item number one. Item number two, in our meeting this past week and we talked about this in the January 18th joint council meeting and that was I'm going to read to you what Mara put down on our agenda. Discuss a recommendation of the City Council by the Historic Preservation Commission to amend the municipal code to allow properties identified as contributing again keep in mind that there's three colors in there one is landmarked The other is contributing, those are properties that we deemed in the ad hoc that may be eligible for landmarking or Mills Act and then there's non-contributing. They just happen to be in the boundaries. Chair Aikens has identified a potential solution. Let's see, a key concern raised by many as the impact related to future modifications to their existing property.

Chair Aikens has identified a potential solution of this concern raised by several existing property owners within the proposed local district. If there is a consensus from the full Historic Preservation Commission and all five were there, two physically three virtually. There was a full consensus unanimous from the Historic Preservation Commission that this request would be forwarded to the City Council for further consideration and deliberation. Additionally, in conjunction with the Historic Preservation Commission's recommendation identified within the recommendations section above, the Ojai Municipal Code Amendment would include the commission taking on the responsibility of researching and providing character-defining features for contributing properties buildings within the proposed local downtown historic district.

Once this is made a downtown historic district, again that's the if and all of this happening. It would be a recognition that this is a downtown historic district and to a degree those properties that we've identified are historic. And so what we would do is have an ad hoc committee like we did maybe Craig, Gina, myself who would do a historical report that would present it to the City Council In support of these properties, getting the Mills Act and everything that goes with that. So again item number two is asking to be on the agenda in the July meeting to consider that there's a lot of background information that I've been sending to the people that I talked to and I will make sure that goes to the council. The third item is, let's see.

Third item was I was at after our meeting Thursday night in which we had two residents of the cottage among the flowers and also a commissioner comment on Mallory cottages to just To give a brief blurb, I have the three historic resources reports that were done for those. They were done in 2006, 2007 and 2008 in case you're wondering why we haven't considered it.

I just talked with Terry Hill, that's why I had my head out the door. He said they looked at them, they were a bit run down, they still had characteristics to go with them. So it was interesting. I found an article, this is dated October 9th 2008. Pat Dorner, Chair of the Historic Preservation Commission said that commissioners had decided in 2006 that the Mallory Way cottages had veered far from the motor court That was built in the 1940s. They had been turned into family homes and the swimming pool that was once part of the motor court had since been filled with cement. If it had been declared a historic landmark long ago, it would have been protected but since it hadn't some pictures at the cottages for the Ojai Valley Museum would suffice.

Again that was Pat Clark Dorner 14 years ago. So again, this is why I didn't go to the meetings. I usually go to everything that's historic but I knew that this had been considered by the Historic Preservation Commission back in the 2006-2007-2008. If there's anything that the HPC any involvement the HPC is requested by the city we're happy to do that but until we're requested I don't think we'll have that on our agenda okay thank you all

Just really quick, Brian. Yes? Because it's a commission report I'm just letting my colleagues know and future agenda items I'm going to bring this up as the liaison to the Commission your request.

Okay yep we're happy to do whatever the Commission. Thank you. Randy?

Yeah I just either Brian you can clarify it or the city attorney can clarify it. You gave us a voting slip

We don't see the viewer.

Was that just for our information? And then you brought to the attention that we have six city-owned historic properties downtown, so would council vote Yay, or nay to include that into the historical district or that I'm just trying to clarify what

we're gonna let Matt So it would do that. What was my question to Matt?

Yeah happy to jump in here The proposed historic district is mapped by the Commission's ad hoc committee includes six or seven properties owned by the city the council and Council only Could decide to support the nomination to oppose it or to take no position And then separately when the nomination comes back to council, if it proceeds through the HPC could decide of course whether or not to adopt the actual district. Both of those choices are council ones up front ones in the backend. The request is for the council to set on an agenda to consider whether to support the nomination or not and that can be added to the agenda with two council members requesting.

Great I just wanted to clarify that to see if that's what we needed to do this evening and then number 2 The biggest thing for me, Brian is the if. So you're requesting tonight and I understand Councilman Wyrick may ask for it to be placed on a future agenda. I'm stuck on the word if. If this passes, there's no reason to have it agendized and if it does pass then we need to agendize this item to change, I imagine the ordinance or change policy.

Why would we want to have that discussion before this is passed? Who wants to answer that question?

I can answer that question because I'm asking of the council the same thing. I'm asking of all the parcel owners Because there are two phases involved in the process and on one of those faces again Mac and do is there's 87 parcels that come down to 59 votes that take to take place We have we the HPC has to bring to you 50% plus 1 that have filled that out in support of that and You are one of you being the counselor or one of those folks, right?

Right, so all I'm just saying is you're asking us or Bill's Councilman Weirich is going to agendize to have this discussion and my thought is why would we have a discussion on something that isn't is or is not. I would assume we'd wait for it to either pass or fail and then agendize that discussion. I don't want to deliberate on this right now. I'm just asking for clarity on it because I'm lost on it. That's

all. Can we provide one sentence of clarity but we can't have a further discussion? The sentence of clarity From the discussions at the several HPC meetings, a concern has been raised by some who would own property that would be contributing but not itself landmarked and by those who own property will be non-contributing but within the boundaries. What would the rules be? I understand the request from the commission is to have council consider adjusting the rules for non-contributing structures so that they have greater clarity to then convince the property owners to support it.

Whether to make that change is of course policy question. So if the council wanted to have that discussion it could do so before district comes forward, that's the request of the commission. The council could also decline to do so and say come back when there is support. And I think that will turn on whether there are two to put on the agenda or not.

Okay, so I just have one more follow-up question again just for clarity. When does HPC have to have their signatures turned in?

There is no

deadline.

None in the code. Whenever HPC can put together the support, they put it on their agenda then if it has sufficient findings and processes done then it comes to council. And when it comes to council that's when there will be the second phase under the code right now they have to provide majority support for the nomination to move forward, then there's a majority protest where the city will mail out the same form to all registered property owners. And then if the majority protest is submitted in, then it's dead. If not council could then adopt it but there's no deadline for any of that to happen or I should say there's no deadline for the first step from HBC. There are some timing rules after that first step but there's now current running deadline

Okay, thank you Susan

so that we don't have to bring this up at future agenda items Can we take care of this now? And I'll say that I said or do we have to do it at the end of the meeting?

The meeting yeah, we

should do it with future agenda items

OK, all right. Thank you and thank you, Brian. You're welcome. We'll move on to public communications right now. And just a reminder these are items not on the agenda and so we cannot discuss them but we can agendize for the future. And in the sense of fairness and efficiency please stop after three minutes. Thank you very much. So we'll start with Martin Hartman then Cindy Jones then Tim Kraut.

Thank you.

Good evening, everybody. Martin Hartman, architect resident of the city of Ojai. City Council, city staff, citizens, those at home as well. I'm here to talk about the school district new pool that we the voters approved in 2020. We approved a new aquatic center for district and school use and so I'm here to talk about that It's a given that the new pool will result in students and the school's betterment and be the basic outcome of this project. I'm a proud supporter of Measure K and the opportunity it will provide the district to graduate students who can swim and excel in aquatics.

I think all of us are grateful. I venture to bet that some people who voted no on K will still use the pool. The bottom line for some of us citizens is that we have the right to seek the construction of a public aquatic center that gives the community the most access to and use of an affordable swimming facility with a variety of programs to serve our citizens beyond the students' and staff's use of the district.

A feasibility study that was voted against by the district is the next best step in this process. The investment and construction of a taxpayer-funded community resource like the pool demands such a study so the citizens can be engaged and heard in the process. It's a no brainer, it behooves all of us to support such a study. We the taxpayers are ultimately paying for this one way or another need to be involved This applies to both the district and the city, in my opinion.

Some citizens' opinion is that the district has a legal and ethical obligation to the citizens of Ojai Valley to provide as much community use as possible. It should be without a detriment to the district's finances and abilities to better compensate the staff. It is critical that the board have an objective study packed with data and info for its use in making future decisions about a pool that really belongs to all of us. The citizens acknowledge that the district is in dire straits on several fronts, including financial fronts and just trying to get things done and survive. We understand the district's fear of added costs and burdens that come with a larger facility. The district needs our support, the citizens more than ever. Citizens need a pool for at least two generations and this is our chance to make it the best it can be for generations to come.

The cost of the feasibility consultant study that was turned down was $20,000 if you separate it out from the overall proposal. This is a token amount of money to better explore how the community can use the funds. Parks and Rec Committee formed an ad hoc committee to further explore this so I ask that discussions of this item be added to future agendas for city meetings. Thank you, I appreciate it.

Thank you, Martin. Next we have Cindy Jones then Tim Kraut and then Julia Weissman.

Hi council members thank you so much for your service and thank you for giving me the opportunity to speak Well when I was 20 years old in 1978, I had the opportunity and the pleasure of going on a college field trip with my dance choreography class. This trip was none other than the Ojai Music Festival. When I stepped off the school bus parked by Libby Bowl, I could smell patchouli incense wafting through the air among other things.

Well my 20-year old brain thought this was the coolest place I'd ever been besides Big Sur and of course music was divine and I always knew I'd return someday. Fast forward 43 years to 2021 something weird is afoot I'm now not allowed to attend the Ojai Music Festival because I haven't had a COVID vaccination. Then comes 2022, I thought for sure they would have evolved and looked at the science and started giving people a choice but alas they are still discriminating against people based on their medical history and require proof of vaccinations this time Oh, hi. Not so cool anymore question why is the city of Ohio allowing medical apartheid against the unvaccinated Mayor sticks you said earlier tonight that you're dedicated to protecting the rights of all people in this city?

On another similar note, why is the city of Ojai still promoting the false narrative that California is in a state of emergency? Every month you vote to extend this lie. The only emergency the State of California's in is that we're heading towards a totalitarian state. Our choices and freedoms are eroding in the name of health and safety. Please wake up and lift the veil of illusion. Once you see the truth of the situation it's hard to unsee it. Thank you.

Thank you, Cindy. Next we have Tim Kraut and then Julia Weissman and then Peter Laramendi.

Good evening, I'm Tim Kraut. Good evening to Madam Mayor, council members and staff. Last week here on the four pickleball courts we had approximately 200 players which equals an average of 20 players in both the morning and afternoon sessions and that's not counting the weekend just the weekdays The temperatures during that time were over 90 degrees, and last Friday it was 106 degrees out here. We still had players playing.

As you can see our growth continues even in spite of the hot afternoons people are coming to play. It's so rewarding to see this public space that it was abandoned for five decades become such a vibrant community gathering Also, despite the fact that last week when we had the music festival, the four upper Libby courts were closed. That week I observed on the lower four courts that there were vacancies on the lower four courts with the upper four closed and there was no lines there.

Please allow us to expand our play times to accommodate our growing population of pickleball players by allowing us to convert two of the lower courts at Libby, at no expense to the city. We would use a net system that does not require drilling into the surface and we would light blended lines. Since there are lights at these courts already this conversion would accommodate working people who are not able to play in the afternoons.

Thank you, Tim. Next we have Julia Weissman

Hello, thank you I'm Julia Weissman. I am from Miners Oaks. I'm very concerned and I've sent you all a letter. I promise I'll be much more brief than all of my letters. I''m very concerned about the project that the Becker Group has going with the city, the deal that you have been working on for a couple of years now to Convert and renovate some of the cottages among the flowers, and then tear down and build new structures at Troy Lodges and Mallory Way.

You have now currently 33 affordable units. Tenants, I've only surveyed 25% of them but they are paying between $1,100 and $1800 in rent. I have not heard of anything more than $1800 a month in rent there. Becker Group has reported to the city numbers which were not shared at the Planning Commission meeting they were not in the developers.

The numbers that the Becker group has reported to the city are that there are 25

moderate income units on the property and five low-income units. Now, that's important because Becker Group has to replace those units when they rebuild at the four properties that they've stretched us out to. But moderate income you would think that would be something like $45,000 a year but in Ventura County that's more like up $80,000 plus per year. And I would have requested the numbers from the city. I would be really surprised if you can find me one person at one of those properties that makes $83,000 a year. So I'm really concerned about the foundation that this, the numbers that this deal has been built around and if Becker Group has to replace that housing for the city then it should be apples-to-apples as was stated at the Planning Commission meeting.

And I plan to continue to talk to residents and see what they're paying per month, and so forth. And I will prepare all of that for the July 12th meeting when it is actually agendized. Thank you.

Thank you, Julia. Next we have Peter Laramendi. Did I say it? Oh wow. Will you say it one more time? Laramendi. Laramendi. Okay thank you.

Hello council members, mayor. Just want to...I have three points on the topic of pickleball. First and foremost, I'd just like to say thank you to the city for providing. And growing up in the valley utilizing this area now has been great. My second point is there's been talks of doing some sort of sound testing If that's the case and it comes to fruition, then it needs to be a robust sound test with multiple data points. So that means at the courts across the street and more than likely in residents homes that are having complaints because that way you have a full data set and you don't have any data gaps My last point is The convenience of the court is great.

You're able to ride your bicycle and so that's awesome. So I know that there's also talk of the courts moving out to Soule Park now if that's the case Then you're going to have more people driving causing more pollution to the city actual carbon pollution. And yeah and and you could be taking away people's opportunity that enjoy riding their bicycles to the to the city courts here that otherwise don't have the abilities to ride their bikes out to Soule Park. So those are my points. Thank you.

Thank you, Peter. Anyone on Zoom, Gail?

If there's anyone in the Zoom queue who would like to speak on this item, please use the raise hand function now.

OK, thank you. We'll move onto consent calendar. We do have five public comments so we'll take those first. We just did public comment. Consent calendar, did you turn one in? It's okay, Larry. Okay, we'll have Larry. Thank you!

Ojai Music Festival was wonderful. We had no problem parking, it was great. Bicycles! Okay? We almost got run over twice in the arcade by kids on bikes. Nobody's gotten hurt yet but they will. Can we get cameras in the arcade to throw some fear into these kids because somebody is going to get killed or somebody is going to get hurt because they're doing wheelies.

All right please something anything

Thank you, Larry. All right, we'll move on to consent calendar right now. We have three comments on item I, Bill Mellett, Barbara Bowman and Carla Melson.

Do we have to approve it

first? We take the comments first, correct?

Yeah, we'll take the comments first and then council can approve as a bunch or pull any items as desired.

Is Bill Mellett here? Hello.

All right, let's see. My name's Bill Mallet. I'm a local landscape architect, certified arborist, was a landscape contractor for 20-something years and live in the valley here. Just wanted to do a couple brief comments on the proposed ban on gas powered tools specifically chainsaws Because I do have a lot of contact with the landscape contractors in the valley, tree trimmers and just wanted to give a little bit from their input.

I think it's a great idea to switch to battery powered tools but i'm a little concerned about maybe unintended consequences at this time of switching and some of the things that I think we need to think about are the cost to the small landscape contractors, tree trimmers in the valley. And a lot of times this is an industry that people start by themselves get into the landscaping industry, tree trimming and then they build to a larger company. I hope we don't exclude the small contractors by Causing them to have to buy new equipment at a time when they've already have equipment for what they're doing.

So I think just, I just wanted us to think about the smaller contractors in the valley and we don't want to just force them out and have one or two big contractors that can afford new power tools all the time as regulations increase. And it's just piling regulation on regulation In the permitting process, also for using a gas-powered chainsaw seems a little problematic to me also that they would have to require that. That's just my comments.

Thank you, Bill. Next we have Barbara Bowman.

Hi everyone. This is a strange one for me to be talking about because like many people I'm an environmentalist and I feel Moving away from gas powered is going to be good. It is going to be good. The thing is with the fires we've been having, I've been basically cleaning hillsides just taking all the underbrush out because I'm terrified of the fires that are coming that we will have And I know that these battery operated tools and electric tools can't get on the hillsides are not efficient. They can't cover it, a battery lasts for an hour and then it's gone. So I have these guys climbing hillsides literally, steep hillsides taking out underbrush because we are going to have some huge fire problems. We all know that, this is not a mystery to anybody.

So, I mean a few people I know are maybe exempt for that within the city. But for all those people who aren't exempt, I have to trim my sycamore down where Ojai Majestic Oaks is every year and a little battery operated chainsaw will never do it. Nor will I even think an electric one. We have to take big branches off every single year and trim that out, we also have to do all the palms. So I'm just saying what I think they had... The industry hasn't come up with the tools that match the need yet. So, I think the problem is the powerful tools it actually can trim a tree. The industry has not provided battery operated Or electric tools that can do that. So I think that, I don't know. And I also think he just mentioned the problem of these people having to replace their tools all the time and the batteries are very expensive so I really don't have the answer.

I know we have to do it but I also think we have to keep cleaning these hillsides off. Everybody around here, we live in a valley Covered by hillsides that have to be the brush has to come out. It just has to I mean, it's what I obsess upon every week taking brush out I'm even doing my neighbor's brush. I mean this is how obsessive I am on this So I want you to think about maybe there is a solution or maybe there's Certain, you know when people are cleaning hillsides they can use these tools I don't know I think you I think before you make a blanket recommendation You have to think about everything that can happen as a result of that

Thank you, Barbara. Next we have Carla Melson.

Good evening City Council members and Mayor Sticks. My name is Carla Nelson, I own and operate a landscaping design firm. I'm also a licensed contractor and I have a maintenance company. I've been in business for 45 years and I have had a business in Ojai for the last 20 years. I am by all means a proponent for clean air and reducing noise pollution. After working with gas-operated landscaping equipment for the last 45 years, I was really excited to see battery operated equipment come to the industry.

But the National Association of Landscaping Professionals has opposed the new California rules. We know electric is coming and we're all grateful that it is but the commercial grade equipment we use is more expensive and less efficient than the existing gas powered lawnmowers leaf blowers and especially gas chainsaws The CLCA Contractors Association and the National Association of Landscape Professionals argue that the law doesn't account for the landscaping companies, and they argue that battery-powered commercial grade equipment won't be powerful enough or long enough service life on a charge to be practical for years to come.

Having purchased a great deal of this equipment myself I agree, I've already had to replace everything once and some of it twice. It is my understanding that you're about to vote on banning gas-powered chainsaws. In your May 24th meeting, you talked about people who needed to use a gas powered chainsaw would need to get a permit. I'm wondering how feasible is it for all the tree trimming companies to get a permit every time they need to do a city of Ojai job. That would mean that many of the tree companies would be needing a permit on average five days a week.

Landscape companies and maintenance crews would need them as well. What happens when a tree goes down, as was the case for me on a Friday night and we needed to use a gas powered chainsaw to remove it out of the road? You should also know that the battery operated chainsaws won't cut any branches over eight inches. While we're on the subject, how are we all supposed to clear hillsides for fire control with a battery-operated weed eater that won't cut more than thin grasses? And the batteries often last 45 minutes to an hour.

The battery operated hedge trimmers are only good enough to trim leaves of new growth. My 8 to 12 foot hedges have thicker branches and only a gas powered trimmer will do. It's also my understanding that the Ojai Valley Inn and the City of Ojai is exempted from this proposed code. Obviously, the reason they are exempt is that the contractors in conjunction with these two entities realize that battery operated and electric operated machinery will not get the job done.

The need to pull a permit for each job requiring heavier equipment will become costly and time consuming. I would suggest that the enforcement be written in such a way that the use of battery and electric operated equipment be encouraged but today battery operated equipment has not reached the necessary practical functions to make these charges in every instant.

Please have the city investigate how to help those of us in this industry that we need when we need to use a gas powered equipment. Thank you

Thank you, Carla.

Can I ask a question?

Sure.

Is it true that the Ojai Valley Inn is exempt?

No, the Ojai Valley Inn is not exempt and then the city will follow regarding the language about the city having an exemption. The city will follow it just like we currently follow it but there is an exemption that was particularly focused on the city doing road clearance and emergency work.

OK.

I had a question on I, but I think the procedure is to pull it

before we- We have one comment on I which is, or I'm sorry J, residential growth management plan. Bill Miley?

Good evening, Bill Miley. Not mentioned in this report is the number of houses in the city of Ojai that are vacant and reported in the last census. As I remember, of the approximate 3,300 houses we have in our city approximately 10% were vacant had no one living in them and that would amount to close to 330 houses. I suspect that this percent has gone up the past couple years with second homes being acquired This is a real challenge and a big concern. Thank you.