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0:00 – 0:0613 turns
Here we have a quorum. Could we have the roll call please Mr. Chief Deputy City Clerk?
Roll call — called by Weston Montgomery
Show transcript
Thank you and we are sending Councilman, Councilwoman Francina some a lot of healing energy and positive thoughts. May she get better soon. Welcome everyone to the September 24th 2024 meeting of the Ojai City Council. Could we have the pledge please Weston?
Absolutely
ma'am. Thank you.
Welcome council community
Agenda Discussionitems moved / continued / pulled — click to expand
City Clerk and approval of the agenda is there a motion to approve?
I'll move to approve it.
Second?
Yes.
All in favor? Aye. Wonderful, okay we will move on to
commission reports and we have a commission report from our Arts Commission Chair.
Hi everybody good to be back how do you like your new digs
love them thank you yes
Thanks to Commissioner David Leeds for doing the design that we were able to if I had to add one thing those bifold doors behind you You've seen yourself on camera. They need something wouldn't that be a nice art contest or something for the community design? I'm serious Like maybe a Chumash village or oak trees or something there, you know? So I know it screws up the white balance on the video too. I was told that by the... We're nearing the end of our Arts Commission applications for grants this year and Commissioner Karina Wright is spearheading that. Want to thank Mayor Pro Tem Andy for coming to our meeting last week This year, we're trying to be more transparent and open. So we have a selection committee set of timeline criteria. We voted on all that at our last meeting.
We're using some best practices that we've gotten from both the counties grants program. And I also spoke with the program people at the Simi Valley in the city of Palmdale and the state of California as well And we're right down the middle of best practices in terms of grants awards. They're merit-based published criteria, they'll be closing out at the end of October and encourage the community to get their grants in. It's easy this year you can do it online or on paper. Thank you to the council for what was reported to be a record 40,000 in grants for the community. Our mentor program is being directed by Commissioner Pam Grau.
There's going to be 10 artists and proteges paired up in the upcoming year for young people to partner, job shadow a professional artist in town. We'll also be having, she'll be Leading our educational seminars that we hold at the library for the artists and we look forward to We had great. We averaged about 40 people per Per seminar last year and thank the library for doing that Commissioner Christine Steiner has wants to do that joint meeting with you guys as soon as we can so we can report on the public art assessment That we did last year And so we hope for that joint meeting maybe soon in the new year.
There's a county program doing the economic impact of the creative economy in the county, and we're going to piggyback on that. to try to drill down and actually get the numbers for what the impact is of the creative professionals here in our valley. That's something you can look forward to as well. We're watching with hope and excitement on the RFP that you have out there for Libby Bull, that's a real something we have that we can do better with so I thank Manager Ben and you guys Can
we get the mic back on please? Thank
you. We're trying to work out our kinks with the staff, what timing right? So that we can streamline the implementation of our plan. We look forward to ethics training this week and I just wanted to our sort of announcement of the artists of the month anyways will say Ojai studio artists There's a current exhibit of over 63 artists at the museum and it's sort of a prelude to their artist open house tours, studio tours in the fall. It's over three days, over 60 studios, it's only 20 bucks and even with it only being 20 bucks, it's supporting Nordhoff High School art program. So thank you guys for supporting arts in our community.
Well, thank you chair Smitty sounds like great plans and a very exciting and also Thank you for this beautiful art in here. It makes all the difference so really grateful to you. Thank you All right, we will move on to presentations and we have a one from mr. Assistant City Manager exciting one
Thank you very much Madam Mayor So we're excited to introduce and I wanted to introduce our new hire In the transit realm since it has been an area of discussion and we've been doing an extensive recruitment for both trolley drivers. And a new transit supervisor since our most recent one retired so this last week we're very excited to on board a new transit supervisor Anthony Pallios who formerly served in the United States Marine Corps, and then worked a number of years for FedEx as a manager where he did route planning and logistics. He started with us last Monday Already seeing a lot of great changes getting the routes a little more efficient and Some festive fall decorations on the trolleys that you may have seen. That was all his idea in doing So I'd like to welcome up Anthony to the mic and say a few words, and then we're actually into the oath of office for him tonight
0:06 – 0:1213 turns
Good afternoon madam mayor council I'm pleased to be here. It's a great opportunity, a role that's different for me going from federal government service and then to local government service this is great serve the community it's gonna be a very exciting thing for me it's a little bit of a passion project for me to see your guys' community grow and also benefit from local transportation and us bettering it forward so this is gonna be a great opportunity for everybody moving forward
Thank You Anthony and welcome and we're so happy you're here
Madam Mayor, Council, staff and community. On behalf of elected City Clerk Cynthia Burrell I will be conducting the Oath of Allegiance for Public Employees and Officers. The execution of this oath is required by Article XX Section 3 of the Constitution of the State of California. Are you ready Mr. Palacios? Yes. All right we'll do a repeat after me.
I,
Anthony Palacios, do solemnly swear that I will support and defend the Constitution of the United States.
Do you solemnly swear that I will support and defend the Constitution of the United States?
And the Constitution of the State of California.
And the Constitution of the State of California.
Against all enemies foreign and domestic. Against all enemies foreign and domestic. That I will bear true faith and allegiance to the Constitution And the Constitution of the State of California.
That I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties upon which I am about to enter.
Welcome, Anthony. It's great to have you here. Thank you. All right, we will move on to public communication. And just a reminder to the public these are items not on the agenda and because they're not on the agenda, we cannot discuss them. We appreciate your viewpoint and participation and we can agendize these items for the future. So I'll begin with the first 10. We take a half an hour and then we go onto consent calendar discussion. Then we'll take any more comments after that. So we'll begin tonight with Michael Estowonick, then Robin Schwartzberg And then Paula Gee.
Good evening, everybody. My name is Michael Lestranik. I'm the founder and board president of the non-profit American Songbook Today which was founded over 25 years ago. Our mission is to celebrate the American Songbook, to preserve this musical treasury and to foster it for future generations through concerts and educational workshops America is known around the world for our songs. Not for our paintings, not for our sculptures, our classical composers, our dancers, our dramas, our literature nor our poetry nor our storytelling.
It's our songs you will hear all over the world. So in my career as a corporate event planner, I've been blessed to travel to 80 countries. So whether in a taxicab in the kingdom of Bhutan where I hear Tony Bennett or in the hotel elevator in Paris where I hear Peter, Paul and Mary. Our mission to preserve these songs is unique not only to the Ojai Valley but to all of California and we think in any other state as well.
But as some of you will recall, last year the Arts Commission Ad Hoc Committee judged us to be unworthy of any funding even though no member of this ad hoc committee nor past or present members of the arts commission had ever attended any of our eight concerts. Only one other arts applicant thought to be unworthy was sharing knowledge, the beautiful bronze statue of two children reading on a bench in front of the Ojai Library designed so that our own children can sit next to them and know that it is okay to read in public.
But thankfully, the Ojai City Council overruled the ad hoc committee's recommendations and decided to split the pie among everybody who applied. So we are very grateful for the amount of $1,775 which was our share of the pie. Recently it has been pointed out that three of the four ad hoc committee members had an obvious conflict of interest and never should have been on that committee deciding which applicants should be awarded money from the City of Ojai.
One example is that A very wonderful member of a much admired group of Ojai artists submitted her group's application and was part of the committee's plan to award per group, a grant of $3,500. That is a conflict of interest. Many of us were shocked to learn at the Arts Commission meeting last Thursday that they had appointed the exact same four members to be on the ad hoc committee Without being vetted once again, we are glad to know that this practice of overlooking conflicts of interest is on your agenda this evening.
This money we got enabled us to continue presenting concerts to over 700... Thank
you Michael. Robin Schwartzberg and Paula Gee and then Damaris Dack
0:12 – 0:198 turns
I'm a little nervous. Thank you for having me here and hearing what I have to say. Again, did you start the timer? Because it's at two minutes and 40 seconds already. So it should be starting at zero now. Oh those are second, okay. See this how nervous I am. So I've been teaching art at the Ojai Recreation Department for three years now as a private contractor so there are no whistleblower laws in place for a private contractor. I'm not an employee But what I have been witnessing from the new manager, Matt Davis is that he has created a very toxic work environment for the employees.
It's not so much personally affecting me although I did not I have not really been enjoying my interaction with him. But I feel like if I were just to put my head down, I could get through it but I'm not really seeing that happening for the rest of the staff and what I've been witnessing has been that now the whole staff is sort of like all pitted against each other and turning on each other and it's creating a lot of other Things that are not helpful to the community. And so I just wanted to bring it to your attention that I'm aware that Kayla Graham along with two other long standing employees were fired for not really reasons that were really substantiated and my understanding is that Matt shook his fists at her and yelled at her which you know that's bordering on So that's very serious and I think it needs to be investigated and all of the employees are all freaked out and afraid.
There was a interesting situation where I noticed a lot of tables being put in the dumpster, and I said hey why don't we try to rescue those and give them away instead of them going in landfill which is a pretty serious issue? And they were all freaked out like no just don't rock the boat so Without putting it where it was just posted on unconditional give and take. And gave them to a man I have his information he's willing to substantiate that the tables were all usable and not broken in very good condition. And it's my understanding that he lied and said that they were broken so now he's also lying.
And actually have a lot more to say because there are a lot of things happening but It just needs to be brought to light because I think you might be facing a lot of lawsuits. I personally am fearing retaliation, so...
Thank you Robin. Next we have Paula Gee and then Damaris Stack and then let's see. Oh okay. Well
sir, it's
the mayor's I'm sorry we just have to do one at a time so we'll have Damaris and then Larg Martinez and then Kelly
Swift
Three minutes per person. Thank you
Hello This is too high for me This is Tamara Isaac. You know the story, my daughter has been missing for three months now. I'm not going to share the story because you probably know all about it and it's unfortunate that we are not in the Ojai area or jurisdiction whatever it is and we need to come here because it's the only resource available for us To keep the word out, I don't know where to meet the unincorporated areas because I don't know where the meets are for those. So we were aware of this meeting and here we are.
I have some family members in land that is advocating for us. I just want to say that, even though that I know there is no jurisdiction and you can do a lot for us because. And you can see how frustrating it is. I just wanna ask for your help. Spread the word out. Think if you were in my situation, where would you be doing? I'm not a politician. I don't have resources.
I don't have contacts. I don't know the system. I can barely speak the language. Thank you. And I just want to say that even though there is an isolated situation, that everybody says like it's just one person. This can happen to anyone and you don't have cameras in the back by trail that could be seen here. You don't have lights on the bike trails to light her way.
You don't have signs. of the missing person. The sign that is out there in the road says Missing Person BC Alerts dot org. You need to subscribe to those, otherwise you don't get any notification. So half of the population doesn't know about her. That system doesn't work for all. Thank you.
Thank thank you, Damaris. Next we have Larg Martinez then Kelly Swift and oh, I'm sorry Lang and then Andy Gilman.
0:20 – 0:286 turns
Mayor, council members. My name is Mike Martinez. I'm a known homeless advocate and I'm also an advocate under the umbrellas of Children in the Night. Dr. Lois Lee since 1979 has rescued over 12,000 children off the street. Dr Lee is also an attorney and works with such agencies such as the DOJ, Homeland Security, FBI, you name it she was involved in regards to victims of the Epstein case as an expert witness. I am under her umbrella. I am also under NASCA. I'm National Association of Adult Survivors of Child Abuse. I'm under their umbrella, and I'm an ambassador for them. I am not the first person to come out of homelessness or addiction in the county of Ventura.
I am the first person known as far as a homeless advocate. There's been more stuff on me than anybody else for what I do then in the United States that I do look at it as accomplishment because the work I do is about giving back what God has given me. You know before I came here, I talked to my pastor and they said Lang whatever you do don't be Trump I find it hard sometimes because if you are Trump, you get the ego caught up and all about me. And it's not all about me.
It's about Demarius. I am Ziona's advocate. I'm a voice for those that don't have a voice and my voice roars. Some of you might not know who I am. You could Google me, my reach is all the way from one end of the United States to the other. Some of my stuff's been published and translated in different countries. I think I'm in 30 different countries recently. I just interviewed in the UK.
This is a child who has disabilities. Could you imagine? Could you imagine being on that spectrum with the schizophrenia out there? And you and I both know, because certain things that I can't say because I am connected with some form of law enforcement because of Children's Night. We know that this child was abducted. This is the best magic trick ever. This is not a Copperfield. The child is gone.
This child has been abducted and you guys aren't doing anything about it. I have contacted supervisors at V&A Lopez's office, Kelly Long, Jeff Gorel. The one I can't get through to is Matt Levere. Matt Levere seems to have a problem with me. I think the comment was if Lange's involved we're not going to get involved. I have that in writing when my day comes I will present that so if that's a problem for you getting involved I think that's a problem You know, I've looked at your Facebooks and I see things that you guys celebrate. And some of the stuff I look at and I mean some of the posts you put up about helping out nobody's done a damn thing for this mother.
I am asking you, I'm not calling you names. But I'm telling you, I will not stop. I will get to whatever platform I need on this. I will. That's what I do. I am begging you with everything that I have without being disrespectful ma'am, to please reach out and put something together help this family in this pain. The part of not knowing is worse than anything.
I'm begging you. And this is not my style. Not sure y'all know that. I don't do this but I'm begging you.
Thank you, Lang. Next we have Kelly Swift and I thank you for your enthusiasm if you could though please hold your applause thank you next we have Kelly Swift then Andy Gilman and then Tyler Morris
Hi, I'm Kelly Swift. I appreciate this opportunity to get to speak. I work at the Parks and Rec also. I joined up a few years ago in the adult gymnastics class. Dragged in actually and I really didn't think this was something I could ever do and it has Really changed, it changed so much of my life. But my coach Stacy who's been there for many years she asked me to help her out with her summer camp and I said no.
I didn't want to work there. I didn't want to work in the heat with the children everything but she talked me into it and I was hired by the city a couple of years two summers ago I guess it was and everything was fantastic I read to the children. I didn't, I'm not artsy or anything. I said I'll do it if I could just read stories and we established our reading circle They call me Tutu, my grandchildren call me Tutu. And so she was calling it Tutu time.
We wanted to try it out and the children loved it and they were concerned because then I would leave with the books. So we ended up setting a little free library inside the Boyd Center and I had a lot of book donations. But like I told Stacy, I really didn't want to work there. It was just a few hours a week they insisted on paying me so instead you know it wasn't a lot of money so i just poured it back in and I bought rugs for that and when I worked for basketball we bought pom-poms and a lot of stuff like that After summer camp, the children wanted it to continue. So Luis Gomez allowed me to come every week and I volunteered and I would just come and give an hour or two.
That changed when we got the new director and I met Matt the first day he was great. We talked about his living in Camarillo things like that. He's very friendly Never spoke to me again, and I didn't know why. I didn't know what I'd done or anything. I'm just asking if we could get maybe some communication and transparency and fairness? I started coming in, and my books were being tossed out into the garbage. I went to grab my son, and we took the rest of what I had. My friend made a nice cup for me with a tutu on it I had in the kitchen And one of the young men in the office said, oh I'm glad you got it. We were throwing that away. It was brand new and he said no we're told to just get it all out of here where it's not like a daycare or anything like that end.
I just thought a better treatment, especially volunteers that I would hope that we could see some changes there. And again, you know, I send emails. I don't get responses. I'm kind of invisible over there, but I am still an employee. Thank you,
Kelly. Next, we have Andy Gilman and Tyler Morris and then Dewey Martin.
Hello, Council and staff. Andy Gilman, resident of Ojai. Three quick things. One, I would encourage you to reconsider the motorcycle officer for the following reasons. We need traffic enforcement desperately and I'm afraid that the measures proposed such as education won't be able to reach tourists, for example, well enough. The second reason is that what should have been said but was not said was That officer that some people spoke having maybe some problems with was not the officer that would be hired or trained by the sheriff here. So, that's not really an issue and then third as I left the council meeting I was trying to think about the conversations and I thought the experts in the room on traffic enforcement which is Chief Newman and City Manager Harvey are asking for it So I encourage you to think about it again and I think we desperately need it.
The second item, while I'm not in favor of Measure O, I would encourage a revival of the plans to extend the bike path to Soule Park. I think that would be a fantastic idea and I understand some plans have been developed So I'd love to see that come to fruition. And then lastly, I know you approved the agenda already but I would suggest that item nine, the ethics move up because the last item often does get kicked off and that's been something that's been needed for I would say two years and other items have been added for the first time so if you were up for it, I would suggest move the ethics so that you can get to it instead of waiting two weeks. Thank you respectfully.
Thank you, Andy. Next we have Tyler Morris then Dewey Martin and then Bill Lycum.
0:28 – 0:334 turns
Hello I'm Tyler Morris. I've been a resident of Ojai for quite some time most of my childhood and stuff. I grew up here and I'm a local contractor as well and actually am the owner of TNT Barbecue and I lease the snack bar at Sarasota Park And I just, I think I've kind of, I've reached out to Ben Harvey and some of the stuff's getting handled. But I just kind of wanted to put a public comment about some of the issues that I've had with the parks and rec manager.
He's just been very distant as you can hear from the other previous comments. He doesn't see he seems to evade any type of interaction. I've personally never met him in person every time I've gone over there, he hasn't been in the area or in his office. I'm not saying that he's not at his office all the time but we haven't had a need to go over there. I think it was a week or two after we got shut down from the health department because the city didn't have the proper permits to rent to us.
And so, I gave him some leniency but we still don't have permits for our operations there which is in the city's control at this point and we can't do anything about it. And I've only had two interactions with Matt Davis. And the first one was he had told Brianna who was handling, she's a Park and Rec employee that was handling the permit process. He told her that she was not allowed to continue working on the permits, that he was gonna handle it personally. And so I asked if she could have him call me because I'd never had any interaction with this guy. I don't even know his number or nothing.
So, she had him call me and we talked on the phone for about 20 minutes in my entire conversation. He probably pointed out about 15 to 20 different times on separate occasions that he really just wanted me to move the tables that are chained up to the fence out front. And he had already requested that we moved our barbecue that was out front because he said it was an eyesore. And that's why he wanted me to move the tables and he just, he was very adamant about us moving these tables which we had purchased specifically because the parks and rec department had removed picnic tables that used to be out there for the snack bar. And so they had removed them cause they disintegrated and nobody was using the space at the time. So we personally purchased tables and we stack them up nicely and chain them up to the fence there And he really just wanted to move because they were an eyesore.
And then the second time that I had another phone interaction with him was, he called me because I had a lot of people on the 4th of July that were asking us when we're going to be reopening because we'd shut down in February and it had been quite some time now. And I really didn't have an answer for him so I made a social media post to basically tell people to check with the Parks and Rec Department. So he called me and personally told me if I pulled the post down He would personally handle getting the permits for us. And it just hasn't happened yet.
Thank you, Tyler. Next, we have Dewey Martin and then Bill Lycum and then Randy Roth.
Good evening, everyone. And thank you for me for allowing the opportunity to speak tonight. My name is Dewey Martin and I'm a manager of a co-ed softball team that plays in the league organized by the Parks and Rec department. First, I want to acknowledge the value that the parks and recreation team brings to our community providing spaces for physical activity and connection through programs like our Softball League.
However, there are some concerns that I have and several others feel the need to be addressed in order to maintain a positive and inclusive environment for everyone involved. One of my primary issues we've encountered is a lack of clear communication. Whether it's reaching out via phone or email, I've often found it difficult to get timely or even clear responses.
This makes it hard for us to plan and resolve issues when they arise. We believe that a more consistent and transparent communication between staff and teams would go a long way in strengthening relationships and ensuring everyone feels heard. Additionally, I'd like to address the behavior of some field supervisors. We've experienced confrontational and at times aggressive attitudes which can make games feel unnecessarily tense.
We understand that overseeing events can be stressful but we hope for an environment where respect and cooperation are prioritized over conflict. Lastly, we feel there is a need for more due process when decisions are made regarding team issues such as suspensions or rule violations. Providing a way for teams to appeal decisions or have their concerns investigated fairly would encourage a more collaborative and flexible approach.
It's important to have processes That are not just about control, but are about serving the needs of the community. I believe these changes can be made with mutual respect and cooperation in that together we can continue to make Ojai sports programs a place where everyone feels welcomed and valued. Thank you.
Thank you Dewey next we have Bill Lycum and then Randy Roth.
0:34 – 0:4116 turns
Hey, good evening everyone. My name's Bill Leich. I'm a class of 88 Nordhoff grad. I think went to school with this guy right here. Nordhoff grads over there? One! I won't hold that against the rest of you okay. I want to just echo a few things. I was not really aware of how much is going on with Parks and Rec and some of this kind of stuff My big concern was the Parks and Rec committee.
I was trying to find a few things out, the last time you've had a meeting was June of last year. So Parks and Rec has been operating unsupervised for over a year now so I think that's kind of maybe possibly some of the problems these people before me have encountered because it's unchecked Do we mention value? I did some math real quick. They just canceled the fall season because nobody wants to deal with this guy.
That's normally six teams, 375 a team so the city lost over $2,000 Just that alone, residents haven't had a chance to enjoy recreation. I grew up over there at the Boyd Center. Rode my bike, played air hockey pool all that kind of stuff and it's uh...I'm concerned that Sarazote is going to dry up. It's gonna go away and you might make it a Tesla charging station or something.
I'm generally concerned, because arts are now dropping out. Some of the extra activities are dropping out. So what I'd like to do is I ask the council to please make becoming maybe a Parks and Rec Committee, make it more aware, publicize it, make it easier for people like us to join up. Because I tried looking around on the internet and I couldn't find the applications Okay.
I might've been, I am a little tech challenged okay? I drive an old Volkswagen and stuff like that but that's what I'm asking of the City Council to please make joining this committee more apparent, more transparent and maybe look into the person running Parks and Rec. Just a recommendation. Thank you.
Once again, please hold your applause. Thank you very much, Bill. Appreciate it. Mr. City Clerk, could you guide Bill to the application online? It is online, correct?
Yes. Our applications for our commission vacancies are on the city website. If you were to email cityclerk at ohi.ca.gov I'd be happy to direct any member of the public.
Thank you very much. Next we have Randy Roth Okay, then let's take Lisa Graham please.
Good evening, my name is Lisa Graham and I've been also a longtime resident of Ojai. I've been here over 45 years so my husband and I got married here we had kids here we have grandbabies now and I also come here to share some major concerns that I have regarding Some of the problematic and incompetent conduct by some of the new management at the rec department After my husband Jeff and daughter Kayla were unjustly fired within weeks of each other based on a number of false or embellished accusations that Had no there was no credible proof given A number of people started speaking out, people were contacting me as well as my husband with a number of issues of their own which I it's kind of like.
I just thought it was what was going on with our family and it's kind of gone from there. And you know, I'm just the wife and the mom. But as Robin shared, Kayla Graham my daughter has had a number of incidents with Matt and just the problematic behavior it seems like his conduct is disrespectful rude there's no follow up or there's lack of communication Again, some of these are things that I'm hearing from community members, customers of Ojai Rec Department.
That said, my husband put in 24 years with the city slash rec department and my daughter 17 years. And invested a lot of time that's all obviously that's a lot of time investing into our community and only to be ousted based on again false accusations that they didn't want to provide proof. The city manager in the report that they got, it was stated that these new hires had more credibility than my husband and daughter. And so that was their justification despite them being longtime staff.
What happened to them had a ripple effect because of this was stemming from the stuff with Matt Davis on to as Tyler Morris, who's like a son to us and to their operations of TNT Barbecue. And my son, Tyler Graham, he's the other T. So it's T and D. And so again, it just kind of grew from there and you know, again I don't have the time to go over everything which is unfortunate but it is clear that this was singling out whatever you however you want. There was a bias,
Thank you very much, Lisa. Appreciate that. OK, we will take the remainder of public comments after our first agenda item. So let's move on to the consent calendar. We do have one public comment and on Item F Robin Gerber. Robin, are you? Oh, okay. On item nine. Okay, great. Thank you Okay, is there a motion to approve the consent calendar? I'll move to prove it second
Second,
okay all in favor
Okay,
wonderful. Okay. We will move on to our first discussion item. This is item number two To ratify the appointment to one vacant seat and three reappointments to new terms on the Planning Commission Is there a staff report? Yes,
Mayor. Thank you. From the City Clerk's
seat over here. Thank you, Mr. City Clerk.
Madam Mayor, City Council?
Could we have quiet please? Thank you very much.
Yes, Madam Mayor, City Council. We have before you four unanimous nominations from four separate nominating committees for Planning Commissioner appointments. One is a commissioner vacancy And three of them are current commissioners up for reappointment. Before you in the Commission vacancy is Robert Graham and Chair Steve Quillacy is up for reappointment, as well as Commissioner Jamie Bennett and Commissioner John Trent. So we're looking for a ratification of all four. Thank you.
Excellent. Thank you very much. Any questions from Council?
0:42 – 0:479 turns
I had a question. It came to our attention that there could be a potential conflict of interest with one of the appointments. I was going to see if the city attorney could speak to that?
There is a potential for a conflict of interest under Government Code Section 1099, which is incompatible offices doctrine. In some, a public official can be precluded from holding two offices that have clashing loyalties or duties or the potential of clashing loyalties or duties if one of the commissioners is reappointed And if they are then elected to the city clerk position, that could create a possibility of an incompatible office finding for two of their public pairing of seats. The third public pairing and that would be City Clerk and Planning Commissioner, the Sanitation Board Director and the Planning Commissioner, that pair also potentially incompatible subject of course to further analysis.
The City Clerk and Sanitary District Board Director is not an incompatible no risk thereof given existing Attorney General opinions on that
Okay, thank you any other questions All right. Let's move on to public comment first we have Bill Miley and then Steve Quillacy
Hello As a lot of you know I quote, have a regular seat at commission meetings. I've been going for years and I support appointment of Robert Graham and reappointing Mr. Trent, Mr. Quillacy, and Mr. Bennett. Thanks. Thank you Bill. Steve
Quillacy please?
Thank you, Mayor and Council and staff. First of all, as I see the city clerk's job and for those that are not acquainted. I am currently running for the position The job entails three major things one making sure that city records are accurate and accessible to the public Second that city processes are legal and transparent to the public And third, there's a whole collection of ceremonial duties creating certificates and swearing people in and stuff like that representing the city.
I was asked by others to run for City Clerk in light of Cynthia Burrell's retirement before I filed I had a Zoom call with Matt Summers, with Taylor Anderson and with Weston Montgomery and asked specifically about conflict of interest and incompatible activities. Uncompatible, excuse me. Mr. Summers with Ms. Taylor concurring told me there was no conflict of interest between the Planning Commission and the City Clerk's job, and that these did not constitute uncompatible activities.
Just to be sure, I asked the same question of the District Council, Mr. Dennis McNulty of A-Z Law in Oxnard. He is the district council for the Sanitary District. I asked him the same questions and he gave me the same answers that Mr. Summers did. No conflict of interest, no uncompatible activities. Now, I have seen the public comment that came in in written form about this reappointment business.
And I would say first of all not all commissioners must have architectural or urban planning training. Second, the City Council has the sole discretion to approve or disapprove the nominations And I urge you to approve the nominations that you have. Each one was done separately by a separate member of the council along with the mayor, and I believe that they've made the right choice. So I urge you to approve this item. Thank you.
Thank You Steve. Any comments online Mr. City Clerk?
No Mayor, but let's extend the opportunity for our Zoom participants to raise their hand on item two. I'll give you a moment here to raise your hand on item two on Zoom. No raised hands Mayor we'll move on.
Okay thank you all right who would like to begin?
0:47 – 1:0014 turns
So as it stands now Commissioner Quillacy is not the City Clerk It is a complicated issue. In my mind, it requires more understanding. We did receive a memo with some case law attached but it's unclear to me why it was revisited, the degree to which it was revisited and those are questions I would like to know. Also this has been a long arduous painful process. Are we not going to move forward now?
If indeed Commissioner Quillacy is elected at City Clerk, then I would say that is the opportunity to revisit this in depth and really get a sense of what we are talking about here. I also read the public comment and I don't want to say that there is a conflict of interest There but quite honestly the wife of the person who sent that public comment was a candidate Who was not chosen?
and you know, I am also perfectly willing to speak to whether or not we require the The training that is mentioned in the actual ordinance, if that is relevant I'm happy to speak to it. I will speak to it very briefly. I know we need to move on but the way I see it two planning commission meetings a month, that's 24 planning commission meetings let's say four of them they don't you know Christmas holidays whatever that's 20 Planning Commission meetings They're three hours a piece with probably five hours worth of background. They are tutored by the director of the Community Development Department, so if you were to do the math, you would have to say that there's three hours times 20 which is 60 hours, three hours times Five hours times 20 is 100 so basically they're getting an immense amount of training across the board in all of those categories.
So if I had to make an argument, which has come off often about how we are not actually adhering To the ordinance, I would say that for everybody who has served four years and we are reappointing they have more than done specified training for this kind of activity. So I hope that you know, I think it's It is an ordinance. It is in the paper, we need to deal with it but I would say easily for anyone who has sat on that commission for four years they have been well trained. I will note that ethics training for this city council is an hour and a half So let's look at what we're actually speaking about. So I would like to put that to rest as well, at least for this discussion because it does come up every discussion we have on the Planning Commission.
So I think that it is irrelevant for incumbents and returning candidates to discuss that. So, I would make a motion that we move forward with this if we feel We all got that memo. We understand the permutations of what is possible if we would like to Discuss that either in open session or in closed session I think we are free to do that therefore, I'm going to make a motion to move this forward
Okay, is there a second for that motion?
I'll second the motion.
Okay, let's continue with You want to go ahead
Yes, I'd like to continue with the conversation as well. I think Councilmember Rule's point that we could discuss the potential... Well first of all, I think Chair Quillacy has a choice to make if he is reappointed to the Planning Commission. He has a choice We there could be further discussion about his other responsibilities. I think that there's there are some choices that could come up around that on his behalf and so I don't want to take take that I wanna take that into consideration.
The other thing too is that that I hesitate to delay I hesitate Council member Francina also had a selection that she put forward and I would, I hesitate to pause the discussion or to not move forward if she is not here to defend her selection. And I think if there are any potential legal ramifications for this, that would be something that I would be open to discussing in closed session.
Mayor Pro Tem?
Yeah. So My selection of John Trent, despite the fact that he doesn't have the training and background was based upon the fact that I think he's an excellent commissioner. But I was very much concerned that we did not have anybody with the Qualifications that our ordinance says we are supposed to have. And so my suggestion would be that we go ahead and fill the fifth seat, that being for Robert Graham's Nomination to the commission.
But as to the other three commissioners we simply extend them for 60 days and that we engage in a very robust recruitment of persons with the qualifications that are in our ordinance And that at the end of 60 days, we see what we have and we see if we can comply with our own ordinance. We have someone saying that they're gonna challenge our appointments because we don't follow our own rules.
I think we as a city have a problem with not following our own rules, it happens. You know, happens more often than I'm comfortable with. And so I'll make an alternative proposal that we appoint Robert Graham to the Fifth open seat without reservation that with respect to the three other. Positions are up for reappointment. That we extend each of those seats for 60 days and that we Engage in a robust.
I mean, I'll be happy to work with the city manager and the city clerk Deputy clerk on On you know what type of recruitment we do but I think we should try to comply with our own goals
Okay, I will second that motion And first I just want to say a big thank you to all the commissioners and it has been a process, and we've spent a lot of time talking about it. Especially to Commissioners Trent, Chair Quillacy, and Commissioner Bennett I do, though, think it's important that we follow our own rules. And if anyone is curious this is in the ordinance as in the staff report 953 page 2 item number C and it specifically talks about two members of the commission need to have separate training in architecture art building construction civil engineering land use planning land use law urban planning or landscape design And I think that your suggestion, Mayor Pro Tem to extend 60 days would give us the time as you said to do a robust recruitment.
These are really important appointments because the Planning Commission deals with land use and those are the most important decisions that we make as a City Council so I think it's really important at this time to be careful and to explore this And also filling the fifth seat with Robert Graham, and thank you Mr. Graham if you're listening. We'll allow the Planning Commission, the five planning commissioners to meet in the next 60 days so we can continue to do city business.
We have a motion, we have a second. Any final comments before we have the roll call? Yes
please. So I'm going to reiterate and at the risk of having to repeat myself these particular reappointments have spent over 300 hours in absolute learning situation there is no definition of what training is you sitting on the City Council here How many of you had done any City Council work? You have been sitting here for two years. Do you feel like you know your job? I mean, what if you sat another four years? Do you think that someone who took a course in City Council would have any kind of, even a 10-hour course on what it means to be in City Council would have a better sense of what you sitting here actually do These are people that have learned and have trained on the job extensively. They have been mentored by the Director of Community Development, they have listened and in fact part of what we got on that public comments was a description of the responsibilities of a planning commission and a lot of that was about outreach, understanding your community, being able to communicate all of which only comes when you sit at the dais and actually do it Every one of those commissioners has spent more hours than would ever be needed to get any kind of accreditation on training.
And so I find that argument to be like ridiculous actually, and I find it to be self-serving from the two commissioners who have stopped this process for the last year. We are still where we were when you guys booted off Jeffrey Starkweather and I hate to have to go back to that, but that's the truth of the matter. Finally, I would say that if Sousa Francina were here, you would not have a vote. So I'm gonna move that we table this until the next council meeting when Sousa Francina is actually here to vote.
If I could, if I could just yes thank you. So actually by voting to put Robert Graham in and giving 60 days it is essentially it's tabling it with filling that fifth seat so that could be a balanced position is that we go ahead and move forward with the appointment of Robert Graham who I believe it's unanimous we want in and then table the others for 60 days.
Okay, well we have a motion and we have a second so let's have the roll call
first. I just wanna make a comment because I've been dealing with this for two years. So... We make a proposal about how to best handle this It does not help our process to have a council member saying that somebody's idea about how to best handle a matter is ridiculous. But I can't tell you how many times, any time This council person thinks she's going to be on the losing end.
The persons who are
excuse me, I'm going to do a point of order here. You know this isn't about me okay well
I'm gonna excuse me Council we're gonna call the question can we have the roll call please Mr. Chief City Clerk?
Roll-call vote 0–0 Moved by Andrew Whitman · Seconded by Betsy Stix · 4 under review
Show transcript
Roll-call vote 2–0 Moved by Andrew Whitman motion by Mayor Pro Tem Whitman with a second by Mayor Stix to appoint Robert Graham to the vacancy on the Planning Commission and extend re · 2 under review
Show transcript
1:01 – 1:0738 turns
Did I hear correctly that we are repeating the process? Is that what I heard? Roll call. Yes, that was in the motion. I just need to reconfirm that we are repeating the process.
Yes as I understood it, the motion by, substantive motion by Council Member Whitman was to, I'm sorry Mayor Pro Tem, Whitman was to appoint Robert Graham and extend the other seats for 60 days and run a new nomination process. Three elements. That was my understanding of the motion.
I'm going to make another motion, I'm sorry because I didn't get that part. I'm going to make another motion to table this until we have a full council. Is there
a second for that motion?
Through the mayor, we are currently taking a roll call. Yeah, we're in the middle of a roll call.
So forget
about
it. Well, let's finish that up.
Can I ask a clarifying question? But repeating the process doesn't necessarily mean that you have to go through all of the interviews again. The process can be that the three people who worked to appoint one person can still Can come back with the same conclusion, correct? Am I understanding that correct? Because the way I understood the motion at first was that we would appoint Robert Graham and that we would revisit the nominations but that we might actually end up with the same conclusion.
Correct?
Yeah, but the piece that's kind of been missing from the motion is that we recruit for someone with the qualifications and at the end of 60 days. We look at who we have and then make a decision about what we're going to do. So yes, we could end up with the same three nominees and they could all be approved but if we have somebody with those types of qualifications that are spelled out in the ordinance Then we should give them due consideration for the possibility that we would appoint them to one of the three seats
Through the mayor if I may so My understanding of how this will work is. We'd be filling the unscheduled vacancy with mr Graham and Restarting the process would be opening a new recruitment That doesn't mean that the council would need to re-interview those that are you've been interviewed, but if we did receive applications It would make sense to interview those applicants. And at the end of that, we might arrive at the same three proposed nominees or there might be a new mix of nominees but it would be a reopened recruitment.
Thank you. Mr. City Attorney? I have
the same understanding of the motion. It would be a new round of vacancy nomination, vacancy notices taken in applications handed to the nominating committees then three nominating committees for these three seats Would then meet again and decide to move forward their prior nomination move forward a different nomination interview the new candidates They would have their options and then they would return to the council through the same process with three Three new nominations for the three nominating committees Which as before would require unanimous decision from the nominating committees for the three seats. That's what I understood the motion to be
Okay, thank you very much for the clarity. We are in the middle of a roll call so let's go ahead and finish that. Well there was
it was not
clear on the motion
I
mean obviously. So the motion is clear now.
Madam Mayor my suggestion would be with the council's consent to start the roll call vote again.
Okay thank you Mr. City Clerk? But i would like in that case to make a substitute motion
I believe you made the substantive motion and it didn't get a second,
but
through the mayor you can make it
again. Since we've clarified what the previous motion was which was... I think...
I'm sorry? Thank you. James Hahn is listening, would you turn it down?
All right so I'm going to make a motion again that
point of order didn't have we already been through the motions.
Mr. City Attorney do we continue with the roll call?
My recommendation would be to allow Council Member Rule to substitute a motion to table see if it gets a second and then vote from there.
I would make a motion that we table this and allow Sousa Francina, Council Member Sousa Francina to participate in this discussion. This is a very important discussion that will once again put us in a loop that will take a whole bunch of time and there are also questions that still need to be answered which are if the 60 days and we have a new council What happens then? Are we going to restructure everything? Okay. That having been said, I'm going to make a motion to table this until the full council in all of its wisdom and all of the elected council members are here to make parts of this decision.
Is there a second for that motion?
I'll second it.
Okay. Roll call please.
Roll-call vote 2–1 motion? I'll second it. Okay. Roll call · 1 under review
Show transcript
2-2.
Okay,
do we return to the previous motion? Motion
fails, we return to the prior motion.
Okay, could we have a roll call on Mayor Pro Tem's motion?
Roll-call vote 2–1 Moved by Leslie Rule · Seconded by Rachel Lang motion. Okay, could we have a roll call · 1 under review
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1:07 – 1:1347 turns
2-2.
Motion fails, that returns to the prior motion that was on the floor.
That would be a motion by Council Member Ruhl with a second by Council Member Lange to approve the item as recommended. All four appointments yes correct.
Second we have a second do we have a second on that one?
We did unless the seconder withdraws a second
Can I make a substitute motion?
We have three on
the table.
OK, no, the two failed. The
motion stopped
off the table.
Yeah.
So yeah, a substitute motion would be in order through the mayor.
OK. My substitute motion would be to appoint Robert Graham and to table revisit the appointment of the other three when council member Francine is here.
Is there a second for that? I'll second. OK roll call please.
I want to make a friendly amendment to include a recruitment of applicants who have the qualifications described in our ordinance.
I'll accept that. Okay, thank you very much. All right roll call
please. Could I please have a repeat of the second for that motion? I'm sorry. I have a
clarifying question For that because with that friendly amendment that adds a new layer to the conversation if you have New applicants are you required to in to interview them and When does the, where is the choice for the City Council to decide who they interview?
The existing ordinance states, quote, the nominating committee shall interview each applicant under consideration together virtually or in person before selecting a nominee for City Council confirmation. So any applicant who files a completed application is eligible and will be interviewed by the nominating committees for the seats.
So if we have 10 applicants, we will be each interviewing again ten applicants and I will state again
Yes, assuming they file completed applications.
The current commissioners have spent over 300 hours with hands on training in a wide range of all of these.
OK, we have a we have a motion and we have a second confirmed mayor. Could I please ask who who was the second? Okay, all right. Well and also council members that will consider that if we could lower our voices Okay We will take care of it. Thank you. Do we have
a Before I accept the friendly amendment so Okay, so opening up the recruitment process again I Adds a lot of time onto this decision.
Depending on how many applicants
we get. Yeah, yeah.
The unknown factor is how many new
applicants
come in? Is it one or ten or twenty or one?
Right. Or two.
That's the unknown factor that none of us can know right
now. I feel like it's unfair to have this conversation without Council Member Francina so as much as I really appreciate the friendly amendment, I think I would like to stick with my original motion.
Okay. Could we have a, could we repeat the motion please? Yes Mayor.
Thank you. We have a motion by Council Member Lange and I would ask who was the second?
Can you repeat the motion? Yeah yeah I think I was the second. Who even knows? To appoint
Robert Graham to the unscheduled vacancy and table the three reappointments for future discussion with the full council.
Yes. Second. Okay roll call please.
Roll-call vote Failed 2–2 Moved by Rachel Lang motion? Yeah yeah I think I was the second. Who even knows? To appoint Robert Graham to the unscheduled vacancy and table the three reappoin
Show transcript
2-2.
If I were to call Susan Francina right now and get her on Zoom, could we table this motion? I mean, could we revisit this motion at the end of the council meeting? Because right now we have nothing going nowhere. Not if she's sick.
She has a medical situation as I understand it that would qualify under the emerging circumstances exception under AB 2449. If she can be reached, she could join the meeting I don't know her situation. It hasn't been noticed.
My next question is, yeah it hasn't been noticed that's true. My next question is what happens? Does this just... What happens to this? By
default if there's no other motion to do anything succeeds by default staff will put it on the next agenda
Okay,
fine. One suggestion if I could offer it there did seem to be support to appoint Mr. Graham so it might make sense to make a decision on that one seat and then have the others would continue by default to the next meeting. That may be supported?
I'll make that motion.
Is there a second? I will. Okay roll call please.
Roll-call vote Passed 3–0 motion. Is there a second? I will. Okay roll call · 1 under review
Show transcript
1:13 – 1:2311 turns
Motion passes 4.
With that Mr. Graham is appointed as the Planning Commissioner, congratulations unanimously and the others will continue a meeting
Okay, great. All right thank you and congratulations Bobby if you're listening. All right we will move on to the second portion of public communications so let's begin with Gabriel Valori I think Starchild and then Robin Gerber
Good evening Mayor, members of the council. My name is Gabriel Valora. I've been resident of Ojai for about 10 years now and until this summer have been me and my family living here are really happy so as you hear from my wife my daughter is still missing And I believe one of the problems that we are facing, or the police and the detective is facing is a lack of information.
And in part of it because we have no security cameras on any especially on the 33 highway Which again makes the police job very difficult in cases like my daughter's because they have no clues, any information about it. I would like to consider the installations of cameras, at least on the bus stops. I know this is going to be an expense which I'll be willing to contribute or any form obviously and to raise money to do that.
I know this isn't gonna bring my daughter but At least it's going to help the police to keep safe the streets of Ojai. And again, I know my daughter is not wandering on the streets. I know she was taken.
Thank you. Thank you, Gabriel. Next we have Starchild and then Robin Gerber and then Larry Steingold
I won't speak tonight on the topic that I intended to speak about. I'd like to speak about that man's daughter, Sianna. I want to know if there's something that we can do as council could we put an article in our newsletter that we give out to every resident? Her face, her name, her story. Could we do something that maybe Help out all the other daughters, all the other children in Ojai. Like the video that... The cameras that the gentleman suggested. Trina is there anything that the Sheriff's Department could do if you had the funding to do it? To help bring her home? That's a question I have and I hope we can think about and see what we can do.
Thank you Starchild. Next we have Robin Gerber, then Larry Steingold and then Jane Walter.
Hello Mayor, members of the Council I'm Robin Gerber. I live here in Taormina. I live on Taormina here in Ojai. Oddly enough I came to speak about Karen Wilson who was one of those LA transplants who we love to not like but she's the perfect kind of LA transplant much like Councilmember Lange who comes here and Karen was of course on the Recreation Commission and I feel like she must have sent me here tonight because I had no idea of what was going on. I happen to have represented employees for many years, so I do hope this will be taken very seriously.
And I'm speaking for Karen, that's how I feel. But of course she was also very involved with our museum. She took on the task of organizing the archives which no one had done which is tremendously helpful for us and remembering our history. She was so impressed with Ojai Higher, Ojai Education? Ojai Higher Ed? What are they called? O-Higher Ed! That's it, got it.
that she called them cold and said, I want to help you. They'd never had anyone do that before. She also joined her local Jewish community center and was very involved with pickleball. And I was there for the wonderful ceremony dedicating the Soul Power Courts. And I'm sure she was smiling down from heaven because she did die a few weeks ago having spent about five years here in Ojai. Yeah, so yeah I wanted to let you all know that and let the community know that sometimes people come from the city and they help out and encourage anyone listening to this to be like Karen and give back to Ojai.
I also want to say that I agree with Andy Gilman. It's evidence of the seriousness with which you take this code of conduct that was placed at the end of the agenda. Really sorry, Councilmember Lange because I know you have worked very hard for this. I've been asking for it for many years, more than two years Before any of you, who I'm looking at were on council.
And so I don't know how this happens. I actually don't know how the order is set but to put what I would consider completely an item that has no business being on the agenda as first and code of conduct last is a statement about what you care about.
Thank You Robin next we have Larry Steingold then Jane Walter and then Bill Miley
Larry Steingold, voter, citizen. I was going to give you a break and not speak tonight. But unfortunately after listening to these parents... I am a parent. I've got three children and six grandchildren. I cannot imagine what they're going through. We talk about we are the valley. Well they live in the valley. They're here. Putting up some more cameras may help future children not disappear.
We can certainly put up a blinking sign at the rotary before we turn it into a homeless encampment, okay? We can do something. Anything, but doing nothing is unacceptable because they are part of the valley. We include everybody in the valley. We have students from the valley. We have all these things involved so let's do something. So please at least a minimum do that we should be putting up cameras anyway for speeding and other things Oh, in education of our drivers. I think we all know what a stop sign is and I think we all know what a speeding sign is so enforcing those laws shouldn't be difficult.
Okay, and complying with our own rules I find laughable because a year ago we talked about speeding laws and changing speeding in the city. Speed laws but we require a study according to Mr. Whitman because it would be liability if we didn't have a study correct? Your own words but we have stop signs with no studies Unless we already have those studies now, because if we don't have studies, we shouldn't have the stop signs. Right? Because we need them for speeding.
Just saying. And regarding park and rec, these people took a lot of moxie to get up here. I mean most of us come up and talk and it's no big deal but these people work there they've had jobs whatever the case may be doesn't matter but where there is smoke There might be a fire, but you really should investigate it whether it's legally or employee-wise or however you do it before it turns into a dumpster fire.
Okay? Because lawsuits we don't need. We've got plenty of those. We create them ourselves. And so other than that... Oh and by the way I have not been interviewed for planning this time. So if you're going to Yeah, but I'm on the phone. But that wasn't what I consider an interview. And Park and Rec, we haven't had that. So if you're going to have a park and rec committee, interview the people who have applied and get it going. This doesn't take... It's not that difficult.
None of this is difficult. Okay? It just takes a little effort, and you're doing effort. So please between the sign for them
Thank you. Thank you, Larry. Next we have Jane Walter then Bill Miley then Brian Akins. Jane's not here. OK, Bill Miley.
1:23 – 1:3314 turns
Hello. My message my message is please consider voting in November. No one hope. That's City Measure O. So pop, pop, pop! The sounds of pickleball being heard can be heard on any court but especially on the historical tennis court at City Hall which was allowed to be converted by the city council into four pickleball courts not one but four Each court, as some of you know, can have up to four players at one time. Four courts equals 16 players all creating pickable hits from up to 16 players.
Those hits contain impulse sounds which are sharp quick sounding noise Pickleball also has lots of verbal comments and sounds from players, those waiting to play and those watching. Those living nearby have been impacted daily with repetitive ball hits and voices for the last about four years. To rectify this intrusion in environmental noise pollution The City Council about six months ago authorized $500,000 to create five brand new pickleball courts at Soule Park.
Last Friday they were opened for play and they closed the city hall courts on Ventura. The sounds at Soule Park They die in the nearby nature, not in people's houses and businesses. It's a great improvement to have the new Sewell Park Pickleball Courts. Please consider voting no on O. Thanks.
Thank you Bill. Next we have Brian Eakins.
Okay. A little bit of a query here since when I came here tonight, I was trying to decide whether I was going to say anything on the consent item. I didn't thank you very much. You rewarded my optimism and then the second thing was whether I was going to comment on discussion item two. I'm a pretty optimistic guy and came optimistic on two fronts so I have some comments on item number two since item number two has passed.
I'm guessing maybe I can talk in public comments real quick and I
Mr. City Attorney
It's gonna come back at a future meeting, it's within the city's jurisdiction. It's reasonable to take the two minutes of comments Okay
Okay, great. Thank you both thank you for that so the as our deputy or as our city manager long title over here Weston has kept me informed through this process I very much appreciate that however the process for selecting commissioners are putting commissioners in places being done serially So when you just postpone the selection of the planning commissioners for 60 days, I take that to mean that the selection of the HPC commissioners or even taking a step forward on each PC commissioners have now been postponed for 60 days.
If you think you're ever going to have planning commissioners, maybe before some of you retire because again things are being done. So there's the Planning Commission, the HPC then the Arts Commission and then the Parks and Rec. That's a ways out there so again just to keep that in mind that I have an applicant. I talked to tonight she filed put her application in a year and a half ago She's been patient. I've kept her up-to-date on each things So we're trying to get our Commission in place the full seven So, I'll leave it at that Thank you very much for your thoughts for your guidance and four-year intentions Just laying out where we are. Thank you
Thank you, Brian. Any comments online, Weston?
I have a comment from the City Clerk's Office, Mayor. Oh sure, great. Council has directed the City Clerk's Office to determine the rotation of council members for all Commission vacancies. We know there is a lot. Nothing prevents us from me providing the appointment and the nominating committees for all of those and bringing let's say the HPC or Parks & Rec forward with the current motion that passed. So we can- Great.
I'll provide that list of all.
Thank you.
I'll confirm that's okay with the current ordinances. A parallel process to move the other commissions forward?
Excellent. Thank you very much So no public comments on there
are thank you mayor, there are no raised hands on zoom zoom participants. We do have a few Now is your opportunity to raise your hand for the our general public comment remainder period And just give it one more moment here mayor No raised hands and we'll move
on Great. Thank you very much. All right, we will move on to discussion item number three a concept review request to consider a companion animal ordinance And I will be giving the presentation So first, I just want to say a thank-you to City Attorneys Anderson and Summers for working on this I'm really grateful for your help and expertise I'm also grateful for the opportunity to make a real difference for animals in Ojai, as well as around the world. It's an honor and it's our moral obligation as human beings to do whatever we can to make the world kinder, more humane place.
Passing an ordinance to ban inhumane breeding practices of companion animals is one thing that we can all do right here, right now to work towards the world which we would all like to live in. So this ordinance basically prohibits the breeding of a sick animal to a sick animal to produce more sick animals. It's pretty simple. Not only is this practice extremely inhumane, it's also very pricey, costing people tens of thousands of dollars in veterinary bills as well as an enormous amount of emotional pain.
You have probably noticed over the last several years how popular certain breeds of dogs have become, specifically the breeds with flat round faces. They are super cute and they have been selectively bred to have extreme anatomical features This selective breeding is the cause of so much suffering. Respiratory, neurological, spinal and ocular to name a few types. Many of these dogs cannot breathe well and struggle for each breath this suffering is sad and avoidable Many people are surprised to learn that these breeds of dogs are being bred all across the country in many small cities like Ojai and sold for up to tens of thousands of dollars.
This is a regional problem. Every day, brachycephalic dogs or dogs with these disabilities are listed on Craigslist in our county It's not the dog's fault or the fault of people who buy or rescue them and surely love them it's the inhumane breeding practices that must stop One thing that we can all agree on here in Ojai is that we love our animals. Animals are a unifier.
I urge you to support this ordinance to prohibit this needless and costly suffering, and to express our love and compassion for all beings, and be real stewards of the planet. This ordinance will help preserve the health and safety of our community, specifically our companion animals. This is an easy way to protect them and help ensure that they will live happier and healthier lives. I want to thank Councilmember Lange for working on this with me and being such an advocate for animals much appreciated.
I would like to close with the famous Gandhi quotation, the greatness of a nation and its moral progress can be judged by the way its animals are treated. I would add the greatness of a city too so let's be great together Ojai and protect the animals We have, thank you very much, an expert veterinarian Dr. Emma Milne of the Royal College of Veterinary Surgeons in London has made a short educational video about the health issues to give us some context from a medical perspective. She's a veterinary surgeon specializing in animal welfare and ethics with a particular focus on the severe health and welfare impacts of extreme conformation on our domestic animals. So staff, if we could watch that? That would be great. Thank you very much.
1:33 – 1:408 turns
Thank you for having this meeting. It's really important and for letting me speak, it's going to be impossible to cover this in three minutes but I'll try and give you the best overview that I can of why reading for extreme confirmation is unethical Lots of people don't realise that breeds are a completely man-made concept. They think they've come around naturally and they haven't, they're just inbred animals that we have created for certain looks and certainly it's unquestionable that some of those breed standards are a major cause of unnecessary suffering. And I want to get across that this suffering is as tangible as physical abuse, there are no countries in the world that would allow you to beat an animal on a daily basis but that is the level of suffering we're causing by having these body shapes.
The physical welfare impact is really important and lots of people talk about it. We've changed lots of different features around these animals eyes, ears they have skin folds that are very often overlooked as an issue by owners because you don't look inside them they're chronically inflamed and infected Eyes are bulging and prone to trauma, skin folds all over the body.
Tiny weeny legs, we've effectively amputated the faces and legs from these animals. The x-ray you see there is one of the sort of more silent hidden costs of extreme conformation. It's a Scottish fold cap. The defect that causes their ears to fold affects the cartilage all over their body and they get these crippling osteochondrodysplasias at quite young ages sometimes.
Some of these breeds have really very severe reproductive issues and are ethically very questionable when a breed cannot reproduce naturally. I think we need to ask questions about how far that's gone. Brachycephaly obviously is the poster child of extreme conformation and is a huge issue. There's no doubt about that, these photos are not difficult to come by and these animals are very very much suffering on a lifelong basis Lots of people say you can just, let's just breed out the ones that can't breathe. The problem is that these animals have a multitude of other health issues and a very small gene pool so if you take out the 50% that can't breathe which is already a huge number, you're going to have, you're still going to have these spinal defects, the inability to reproduce, the dental problems they have gastrointestinal ulceration and hernias because they can't breathe and eat at the same time, which I think we should really take a moment to think about.
Just that level of oxygen starvation every day. So extreme conformation is unethical because it causes lifelong physical suffering that is as tangible as physical abuse. These animals are incapable of expressing their natural behaviors, which means that they can't live normal lives that we should expect if the species, the breeds are not important And it's not just cats and dogs, it's a lot of species. So we need laws like this. Let's start with cats and dogs by all means. But let's start setting precedents because we need people who hopefully like you will take a stand because that will change the welfare positively for millions of future offspring. Thank you.
Thank you Dr. Milne. Dr. Milne is in Portugal right now so we appreciate her making that video for us. Any questions from Council? Yeah,
do we have any knowledge of any of these breeders practicing in Ojai or breeding in
Ojai? We don't know if there are. There could potentially be and of course they're being sold all over the county so they're coming from somewhere. Any other questions? Okay, we will move on to public comment. So let's begin with Jacob Shaw then Anita Cram and then Dale Hanson.
Hi everyone, my name is Jacob Shaw and I'm here on behalf of People for the Ethical Treatment of Animals to share our strong support for a companion animal protection ordinance that would ban the most unethical breeding practices that exist today. Purposefully breeding animals to have extreme and unnatural features that cause them to suffer I've heard Councilmember Ruhl say this beautiful phrase, it's not that dogs and cats love us unconditionally. It's that they teach us how to love unconditionally and it's true we love our dogs and cats more than words can describe and most of us would do anything in our power to protect them from abuse and suffering The proposed ban is an opportunity to do just that because we are currently facing a crisis of companion animal suffering with breeders churning out more congenitally unhealthy dogs and cats than ever before.
Here are just a few examples. Brachycephalic animals like French Bulldogs, English Bulldogs, Pugs and Persian Cats are purposefully bred to have extremely flat smushed in faces that cause lifelong discomfort and pain yet they're the most popular companion animals in the country These breathing-impaired animals often suffer from a condition called brachycephalic obstructive airway syndrome, which means that their windpipes and their nasal passages become so distorted and obstructed that they spend their entire existence just trying to get enough air into their lungs.
An estimated 80% of English bulldog births are the result of artificial insemination because the dogs cannot mate naturally, and delivery is via C-section because the puppy's heads are too big to fit through the mother's narrow birth canal. German Shepherds bred to have sloping backs are prone to hip dysplasia and spinal problems. Cavalier King Charles Spaniels are bred to have cartoonishly round skulls in which the brain does not fit properly, which causes a chronically painful condition called syringomyelia.
So why would breeders purposefully breed dogs and cats with such extreme unnatural features if it's going to cause them to suffer? Well, you don't have to look too far to find the answer. Just this month Market Watch reported that a French Bulldog puppy can sell for up to $30,000. Anyone who has had a sick dog or cat knows what it's like to watch them suffer and has felt the knot in their stomach as the veterinary bills pile up A companion animal protection ordinance will help make sure that fewer animals and fewer unsuspecting families will suffer through that horrible experience.
This is not a ban on any one specific breed, this is a ban on breeding dogs and cats with known deformities and disorders that they will pass onto their offspring. Thank you Council once again for helping to protect the animals who rely on us to care for and protect them.
Thank
You
Jacob next we have Anita Cram and then Dale Hanson and then Larry Steingold
1:40 – 1:466 turns
Good evening, everyone. I am in support of this ordinance. The animals highlighted in the staff report and the video we all just watched represent the amplifying of what are known as deleterious genes So deleterious genes are genetic codes that virtually all reasonable individuals would judge consistently to cause very preventable death or serious health problems that drastically compromise the capacity of afflicted animals to carry out normal lives.
They are dead ends for quality of life and survival. They're meant to be pretty much removed from the population, so in this practice humans inflict this unnecessary suffering on other animals simply because It's for the gratification of a human who thinks it is cute or endearing. Well, the animals don't feel cute or endearing in this practice. So this suffering is felt, we inflict this suffering which is felt by other living beings. These are living beings that cannot communicate with us except by the problems that we see that these breeding practices manifest in individual animals.
It is time to take notice of this preventable suffering The American Veterinary Medical Association, in response to these extreme breeding states that not selecting for health is selecting for disease. And that moderation away from these extremes that cause disease should be guiding principles in breeding. This is a matter of values. How we treat other animals is a direct reflection of who we are as a community, because what we do is what we accept and see as a normal good practice.
So it's time for us to decide that this is not an acceptable practice and to take action. Thank you.
Thank you, Anita. Next we have Dale Hanson and Larry Steingold and then Bill Miley.
Hello, I'm Dale Hanson, I live in the city of Ojai and thank you Mayor Sticks for showing the film from Dr. Mill because it really did help spell out what goes on with these animals I have a friend that lives here in Ojai, it's a couple and they have a bunch of little pug dogs. You all know this family so I'm not going to mention their names and I asked them why do you breed these dogs? Why do you have them because it's painful with their existence? And they said well because they're so cute and they're so sweet Well, that's true of most dogs and cats and rabbits and whatever. It's just how you treat them. And yeah, they're sweet but that's not the reason for them to suffer. I once took in a Persian cat that had been used as a breeding cat.
They just wouldn't throw her out. But I took her in and I didn't know that they can't drink water normally. The way a Persian cat drinks water is she puts her paw on the water and sucks on her fur Because she can't put her face in the water, her nose will go in the water. And then I had to discover the hard way that these wrinkles on her face gets full of disgusting scabs and stuff and I had to take a Q-tip And put it in hot water and gently take it out. I mean what these animals go through, this is just touching the surface of it. We have to take a stand on this and I'm so glad that you've brought it to this body for us to consider and for the whole town to realize from our information But what goes on, we need to be more careful. The selective breeding is for our vanity.
It serves no purpose to the animal. In fact it causes huge suffering as we just discovered and I appreciate your bringing this up for us to consider and that I hope that we will take a stand on this cruel breeding practice. Thank you so much.
Thank You Dale. Next we have Larry Steingold then Bill Miley then John Boetti
Larry Steingold. Regardless of the issue, how did this get on the agenda? Did it come from somebody within the city or from outside the city out of curiosity? How does this relate to the health and welfare and safety of the City of Ojai? Should it be a resolution or an ordinance? How are you going to enforce it? Is Dale Hanson gonna turn in her friends Seriously. I mean, now what? And we have more ordinances that never get enforced because it would require actual visits to people's homes, warrants, the whole bit.
So I'm not a lawyer. I'm not a police officer. I am not an enforcement officer. But make it a resolution because if you put another ordinance on the books—it's a good reason. We had a Bijan. It had hip dyplasia and 15 years later he died. Okay. Yes, this is a bad thing but as an ordinance try to enforce it. That's all.
Thank you Larry next we have Bill Miley then John Boetti
1:46 – 1:539 turns
Good evening This is about unethical breeding of companion animals I did extra reading about the details of breeding and adopting or acquiring animals with definite anatomical deformities sought as being cute. Notably, brachycephalism or flat faces. It is and has been concern of veterinarian organizations and certain vets for some time but it's controversial when you involve the breeders The fact of bringing this issue to the city residents and others, being an agenda item is really good.
Public education and information is really good. I did not know about this and I know now. Since we don't know what's going on in the City of Ojai about this pretty, how does it affect our health welfare and safety? I suggest it not be made into an ordinance, but best be formulated into a City Council resolution published in the Ojai Valley News and placed on our city website. Thanks.
Thank you Bill. Next we have John Boetti.
Thank you, Council for bringing this to our city. I think this is a wonderful ordinance. I know all of you, all of the council members agree about animals protecting animals. You're passionate about it that was evidenced in the elephant ordinance and then the glue trap banning of glue traps in Ojai. There's not much more than I can add to this conversation other than what was already said by our expert. That was brilliant, but I guess my contribution would be does anybody remember what it was like to wear masks?
Yes, we all do. Right? How miserable that experience was and we would have to wear masks selectively into a store, into a hospital, other conferences and things like that. And then we could take the mask off. That's not the case with the poor pug. The pug has to wear a mask 24 hours a day. Imagine having to wear a mask to bed Anyway, I'm sure that all five of you, Suze is not here but certainly all four of you will pass this. I celebrate it and yay oh aye.
Thank you John. Any comments online Weston?
Yes mayor we do have one raised hand right now Lance. Lance you have the ability to unmute and you have the floor.
Hi my name is actually Heather Hannah can you guys see me?
We can hear you please proceed.
Okay, you're not able to see me okay well I'm holding up my little dog his name is Arnie and it just he's a French bulldog and I wanted to tell you about him. I was hoping you could see his cute face but since you can't that's okay just imagine a little black Frenchie face Arnie came from a breeder who only breeds for shows like Westminster. Arnie was supposed to be the pinnacle of his breed, a show dog but Arnie is broken. His breed is broken beyond repair. No more like him should be bred into existence because behind those sweet wrinkled faces are broken dogs bred only to suffer. When I picked up Arnie from his breeder's house, I was not prepared for what was to come. Nobody is. He was slowly suffocating to death. His breathing was so bad he simply could not lay down to sleep.
Maybe you've seen those viral social media videos of Frenchies trying to sleep sitting up? That was Arnie. Sometimes he would collapse from sheer exhaustion, urinate all over himself then stand up and desperately try to sleep once again. He had a nose job but it had zero effect on his breathing. I spent countless nights sitting awake with him just sobbing, trying my hardest to hold his head in just the right position so maybe he could sleep if even for a few minutes.
I was begging specialists from all over America for help but was told time and time again that since he already had this surgery there wasn't anything more they could do. His situation had become so horrible that humane euthanasia was a real option to end Arnie's suffering. Then by some miracle I learned of Surgeon in Germany who had pioneered advanced surgeries to help severe cases like Arnie. Arnie went to Germany for the life-saving surgeries that greatly improved his quality of life, but they did not cure him. He will always be broken. This is 100% caused by his breeding. Sadly, Arnie's story is common as my journey with Arnie was unfolding I started a small Facebook group to keep friends and family informed on how Arnie was doing The group quickly evolved into a support group of about 26,000 members worldwide.
Most of whom have dogs and cats who are suffering from the same health conditions as Arnie. Maybe some of you have met a Frenchie and have heard their snorting piggy type noses. Those weird noises are literally the sounds of a dog struggling for air. Worst of all, the bad breathing is only one of numerous health issues these dogs suffer from. Another is in their spine. Guardians often ignore or normalize bad breathing but when their beloved dog is suddenly paralyzed and screaming in pain there is no ignoring that. This is not a backyard breeder or puppy mill problem. This is a problem created from breeding dogs and other animals into extreme unnatural shapes Without noses and with deformed spines. The Germans even have a word for it, balls up which literally translates into torture breeding.
If Ojai passes the city ordinance on extreme breeding will be the leaders on this issue in the United States. It's not an issue of if but when Ojai can be on the forefront.
Thank you Heather we will move on that's it wasn't okay we will move on to oh okay
1:53 – 2:0516 turns
Apologies, Miss Gerber. We thought that was on item five.
I know I again needed my glasses. Hi, Robin Gerber again. I think we can all stipulate that we don't want animals hurt if you want to torture animals. Raise your hand. And I'm asking forgiveness of my gorgeous little rescue, Gemma. Or what I'm going to say, and I'm going to take the risk of actually saying you should be against this ordinance. I think Councilman Whitman, you're on the right track.
Is there a place in Ojai where this is being done? And even if there is, there's someone called the police and some people called the police There are already laws against torturing animals. I'm not convinced that that isn't exactly where this should be. There's also non-profit organizations like the People for Ethical Treatment of Animals, put your time there, put your money there, put your energy there and any other organizations that help animals. This is the government!
You are the city government Your code of ethics is at the end of the agenda tonight, but this is first. What does this have to do with the health and safety and betterment of the people who live in this city? That is your job and you are undermining people's faith in government By making this some kind of, I don't know what to call it. A place to bring whatever it is that you care deeply about. I can name 50 things that I want to bring to the community to help me with right? We all have our things we work on but they don't belong in ordinances Bill Miley is being generous to say it should go in a resolution.
That also is time, staff time, your time, our time so please I hope that if not this council the next council will decide to act like a governing body thank you.
Thank You Robin one more Michael you have a comment? Thank you
What's more important than integrity, conduct, vetting? I know it's item number nine but I'm asking what everybody else is thinking because they've said it. Why is it not at the top of the agenda?
Do you have a comment on this item?
Yes, that it shouldn't be on here. And why is it taking up so much time? We all love animals. We all don't want to... So, you know, all the sharing stories and examples isn't the best use of your time or our time.
Okay, that's it Weston? Okay we will move on to discussion and to move the discussion forward in a timely way I'll go ahead and put a motion on the table to direct staff in consultation with the city attorney to develop an ordinance that prohibits the unethical breeding of companion animals. Who would like to
I'll second it.
Okay, thank
you Could I make a comment? Very briefly. Um, I am 100% in support of this ordinance I want to thank the speakers who came up here and showed heart and love that would be Jacob from PETA Anita Thank you very much as always you instruct us give us some, you know medical terminology. Thank you very much for that Dale, thank you for the personal stories. I could speak to why this matters but it matters maybe not to you certainly to the members of the council up here and this has been a very short amount of time so those who have a problem with the 15 minutes that we spent on this I do apologize for wasting your time Two things, you know I don't know if we have breeders here but I am absolutely positive that we do not. And I'm also absolutely positive that if my neighbor is breeding, I will call the cops and if there's not an ordinance, there's nothing that they can do, and that's the fact of the matter.
I guess that's really all I have to say. I want to thank the mayor and my council member, my colleague Council Member Lange for bringing this forward. This matters it matters deeply to me it matters deeply to a lot of people how we treat animals is how we treat ourselves so unconditional support and unconditional thanks for bringing this forward I
would like to just say a couple of things. First of all, I want to thank also Mayor Sticks and Jacob who opened my eyes too. I'd already known a little bit about this issue but I was not aware of how extensive it was and I wanted to make a comment that there are so many people who have these types of animals and aren't aware of the suffering. And so for all of you who are out there with your French bulldogs and your animals who fall within this breed, don't feel guilty. There's nothing wrong with you loving your pets. And to Council Member Ruhl's point I think one important piece to clarify is that if we don't have an ordinance in place then there is no repercussions These particular breeding practices don't fall under animal abuse.
And so having an ordinance in place gives us a guardrail for if we do notice something like this happening, and so it is protecting the interests of of individuals here who aren't aware of the suffering of their animals, preventing people from adopting pets from breeders who would have expensive and painful Issues coming up with their pets and so I am strongly in support of it And no, it might not seem important to some members of our community. I think what Anita said is that how we treat our animals as a reflection of who we are and So that's why I feel strongly about this
Thank You mayor pro tem
yeah so I I'm happy that I read the materials that relate to this item. I'm happy that I listened to the presentation by the doctor. I commend those people that have Strong passions for humane treatment of animals, and I agree that the practice of breeding for certain characteristics that actually end up in a painful and miserable life for an animal are Things that we should all be concerned about.
I don't think that this is the right subject matter for an ordinance. I think it would be perfectly appropriate to have a presentation at City Council, to bring attention to the issue. One suggestion was that we do this by resolution As opposed to ordinance because if you're going to have a law, you know. In theory, you have to have someone to enforce that against.
So I don't think. I have. We've received no information that there's any breeders in Ojai that engage in these practices. We I don't think this is the right platform. Excuse me, an ordinance is the right platform for advancing this issue and I think our residents would like us to spend More time on things that they would like us to address. So I'll invite Robin Gerber not to send me 50 ideas, but send me five like your best five.
And I would be happy to look at those and see if we have some common interests there, and we could advance that. I'd ask every other resident of Ojai to communicate with us. I spoke recently about my effort to find out what Ojai voters are interested in, You know overwhelmingly they're interested in us tackling our traffic problems and I think We all should be interest in tackling true solutions for improving housing affordability in our community And Those are my comments. I'm going to abstain from voting, I understand we'll have a majority. I definitely want voting for this.
I definitely want Council Member Francina to be able to have her say so I assume it's coming back and I'll just be voting to abstain.
Thank you. Yes,
Madam Mayor if I could answer the question that was posed there. The motion was made to direct staff to draft an ordinance we would return with a draft ordinance which would then require the standard first and second reading so there will be an opportunity for Council Member Francina to weigh in.
Wonderful okay well I just want to thank council members for making such good points Supporting this and Mayor Pro Tem, I don't see it as an either or. I see it as an and that we can continue to look at all the crucial issues in Ojai and we can support the humane treatment of animals And you made a very good point, Councilmember Lange, that we need an ordinance. Otherwise nothing will happen. Resolution is not going to do it and we don't know if this breeding is happening in Ojai. It could be happening. We don't know.
These dogs are for sale on Craigslist. Please go online and look and there are a lot of them and all you have to do is walk down the street And once again, thank you for bringing up it's no one's fault. We're not blaming anyone It's now the time that we have an opportunity to make a real stand and it does affect the health welfare and safety of our community Humans and animals because there's so much suffering that goes into having one of these animals and we will be protecting the consumer against that So, I want to thank the people who came to support.
Jacob, Anita, Dale, Heather, Dr. Milne, thank you for that presentation. And once again, I think it's a matter, and Anita Cram mentioned that it's a matter of values, Ojai values. And I would say this ordinance in particular really represents the Ojai values that we all love and want to support. Of connection, love, companionship, compassion and doing the right thing. So with that I think we're ready for a roll call.
Roll-call vote 0–0 Moved by Betsy Stix · Seconded by Rachel Lang · 4 under review
Show transcript
Roll-call vote 2–0 motion by Mayor Stixx with a second by Council Member Lange to approve as recommended. Roll call. · 2 under review
Show transcript
2:05 – 2:214 turns
We will take a brief break and then we'll come back with item number four.
Thank you Okay, we are back. Thank you very much and we're going to begin with item number four resolution to approve the city of Ojai earth friendly management policy So do we have a staff report on this?
Yes, we do On this one. I just want to clarify it deals with pesticides on city-owned facilities so since it does Affects city operations our city manager Ben Harvey is also available on zoom. He's representing the city at the International City County Management Association's annual conference right now But he is on zoom and our assistant city attorney Taylor Anderson prepared this with been
Good evening, council members. So this resolution and policy was a collaboration between the city manager's office public works in our office. The City Council had requested staff to look into an earth friendly pest management policy. And so this is in response to that. This written policy memorializes the city's current pest management practices to use pesticides as a last resort where an alternative non-chemical pest treatment, including no action will not resolve a pest problem.
It requires staff and contractors to identify pests issues and analyze potential non-chemical solutions first Then if pesticides are necessary, staff will assess products appropriate that will pose the lowest risk to the humans and the environment and then use that product. This also includes guidelines to create site-specific and pest specific treatment plans to eliminate or reduce pesticide use.
It also includes staff education. Staff has to do an analysis of the effectiveness and the impacts of the strategies chosen, and choosing a PEST applicator contractor with expertise and who we know will follow the city's policy and guidelines. The initial recommendation from council was very robust for the resources and staffing that Ojai has. So this policy has been right-sized and adjusted to be an Ojai sized plan, and something that's manageable for the resources and staffing that the city currently has. And we're available for questions if you have any.
2:21 – 2:2915 turns
Thank you very much. Any questions from council?
Yeah I've got a question.
Mayor Pro Tem?
Do we have anything in place that addresses this or is this brand new?
So the city has been doing this in practice for quite some time. This memorializes the current practice, so there's been no written policy but this is how staff has been operating it's a little bit more robust in the sense that It requires education and it requires self-reflection on whether these actions are working, which staff is doing automatically. Just more paperwork is added to it.
Yes thank you. It was brought to my attention today by Renee Roth. Thank you that there was already a proposed that there was already a proposal done that looked at the different types of pesticides. Has any of that been considered or was the language changed from the original
version? So I believe you're talking about the example that council had attached to the request for this policy initially. Okay, this This policy is a refined version of that. That makes sense for the staffing that Ojai has That policy was very robust and from a jurisdiction that has a sustainability department. I believe Matt said that the sustainability budget is likely the size of Ojai's budget, so the city is not the same size that the example came from. So we pared this down to a policy that staff in Ojai can implement and the core principles are there. Right, of we're not using pesticides if we don't have to.
We're evaluating whether it's necessary. It's only being used in emergency circumstances and there is a process for that so it is the same concept, it's just a pared down version of that.
Okay, okay, that's the clarification. Thank you so much.
So just to clarify what you said, it's only to be used in emergency meeting. Pesticides are only used when pesticides are considered to be the only thing that can address an immediate problem?
That is correct. Lower risk options are to be chosen first and considered first and only as a method of last resort and Flipping to the exact language now, so for emergencies. The only time that you could use a prohibited agreement or prohibited product would be there's an emergency to use the pesticides such as public health safe or safety or substantial economic detriment all available options were investigated and there is no viable alternative and the use of pesticide is intended for a limited period in Very, very exaggerated example.
We had the black plague come through town, right? We would want to use unfortunately rodenticide to address that problem because it would risk the health safety and welfare of the residents of the city. I know that's kind of a silly example and very egregious but to make the point of it's a last resort and staff is really looking to use pesticides only when it's absolutely necessary
And one more question. I assume that we had Lindy Palmer or some other department head kind of review for whether this policy was practical to implement.
If I can comment yeah. Lindy did review this and again as Taylor stated in practice this is what they're already doing. This just would memorialize what Public Works is doing operationally. OK.
We will move on to public comment. First we have Sue Williamson, then Patricia Pagling and then Renee Roth.
Sue Williamson I live in Taormina. I'm reading this letter from Stacy Ruppel as she couldn't be here tonight And she says, I recently found out that the proposed Ojai EFM policy on the agenda this evening has been altered without any of the original creator's knowledge which includes myself. Also we were not contacted by the city that our policy would be on the agenda this evening. This is very concerning to me as our group worked together very diligently to put forth a thoughtful policy that is truly environmental holistic And health minded for our Ojai community, our land and our animals. The EFM policy that we submitted to the city is future-minded for generations to come and in line with many of the policies that have been passed in cities like Malibu.
Ojai has the opportunity be a leader in environmental health Protections for all living here and the city of Ojai can be a beacon of sustainability. We all know the effects of toxic pesticides on our health, our trees' health. Let's not forget the county's Soule Park tragedy. and our animals' health. We all know there are many alternatives to toxic poisons, and we have many experts living here within our community that are willing to guide us to environmental leadership in Ojai and help us eliminate our use of categories 1, 2, and 3 pesticides. Now is not the time to water down this policy. Now is the time to stand up for what is right and health minded for our entire community. We're asking you to please restore the original intent of the EFM.
If this cannot be accomplished tonight, we ask the City Council to continue this discussion to the next meeting. And I'd like to add that the council needs to understand that among other things categories one, two and three are very harmful and should not be used at all. I don't know if the head of the management understands this or is just trusting what the pesticide companies are telling her, but whatever the case may be they are not to be trusted.
I personally got rid of a rat infestation by securing my home and using only a mint spice and herbal spray. I was recently diagnosed with stage zero breast cancer and have since discovered that way too many of my friends have had it, unbeknownst to me. Ventura County has one of the highest rates of breast cancer in the country. While I realize you cannot stop these toxic chemicals from being used by local farmers, you can at least make our city-owned property safe by adhering to the original EFM policy as it was written by a local knowledgeable group Some of us working on this for over 11 years.
Now is not the time to pass this watered down, useless version which is what is being proposed to you. Thank you.
Thank you Sue. Next we have Patty and then Renee and then Valerie Mintz.
2:29 – 2:3511 turns
Good evening, thank you so much for listening to our concerns and considering it very seriously. I had assumed that the proposed EFM policy being discussed tonight would be the same one that several of us worked on for many years And I finally had time to go over this new version of the proposal and it seems that the policy has been altered. Kathy Nolan is not able to be at the meeting tonight, however she has authorized me to let the City Council know that she is in agreement that we need to make sure the original intent of the Ojai Earth-Friendly Management Policy is restored.
Unless the necessary changes can be made tonight, we will have to ask the City Council to continue the discussion to the next meeting. I have. I gave packets of all do you all have the packets and then and the information about the changes that need to be made to restore the policy to its original intent? I don't
think it's what you emailed
Mayor
Sticks
Yes
she has provided the clerks seat with some materials and I can pass them out if needed
Okay, that would be great.
Yeah so we can look at the actual probably take more than the time I have but The changes that need to be made Starting with the resolution page it says whereas the adoption of integrated pest management practices on city-owned property will Eliminate that's what it should be will eliminate not reduce The whole point of this policy is to as Stacy was pointing out To look forward to our future generations and to create a healthy environment here for everyone.
And then looking on page seven under B, the city EFM approach will include the following. We need to add in a lot of the points that were so important and I don't know if I have time to read all of them but if you'll take a look at 14 through 20 Those are important. Then going on to the toxicity categories, they were There are a lot of inconsistencies in this report one of the sections say it correctly It's on page 507 exhibit A Prohibited use products pesticides used by the city should not contain the following ingredients number 1 products listed as toxicity category 1 2 or 3 So the other section needs to be corrected and I don't have that much time left. Also Keon Shulman of the Poison-Free Malibu group had sent in an email which is in your packet as well, and she's in support of bringing back the original intent of the policy.
Thank you
Thank you, Patty. Next we have Renee then Bill Miley and then Anita Cram.
Good evening, Council. This just as a matter of fact is not an earth friendly management policy and I'm actually really offended that you would try to pass this off as an earth friendly management policy. OK? I started with this down this road in 2012 with the Ojai Unified School District Pesticides were used and sprayed, glyphosate. And my daughter came home very sick from school. I went to the principal. I went to the school board. The school district which has very limited staff and lots of facilities to take care of has stopped the use of chemical and synthetic pesticides period. They do not use them on any of their campuses.
So to say that you don't have the staff is really mind-blowing to me, especially when we're looking at a $3.7 million surplus of funds. This is really hard for me to digest. I'm sorry. The toxicity of the chemicals and their ratings is very important for you to consider. The neonicotinoids, we all know about neonicotonoids right? Neonics as we know cause harm to bees. They also affect our waterways and they have a long half-life. They stay in the environment for a long period of time The other thing is, it does say that this policy has these goals outlined. Eliminating pesticides classified as carcinogens, reproductive toxicants, endocrine disruptors, carbamates, organophosphates and groundwater contaminates the following classes would be eliminated or restricted.
So you have basically said we're currently using class 2 and class 3 pesticides right now, and we want to continue using them. And I am suggesting that you remove class 2 and class 3 pesticides. Neonics are class 2 and class 3 pesticides. The state of California has passed a bill AB 363, and this bill which was signed in October of 23 prohibits the sale possession and use of neonics for non-agricultural purposes starting in January of 2025 So I really would have expected you to do a better job on your homework on this. And I'm really offended that you're trying to get this thing passed the way you're doing it. I'm sorry, but it just really hit a button. Thank
you Renee. Next we have Bill Miley then Anita Cram and then April Palmer.
2:35 – 2:417 turns
Good evening. In the email I wrote to the City Council and to your council, I expressed support for the ordinance. But I now withdraw that support based on making this an ordinance in its present design based on what I've heard from other speakers tonight. So, I think it needs to be worked on and revised based on what I've heard from other speakers so I don't support this at all thank
you. Thank you Bill next we have Anita Cram then April Palmer and then Abhi Strachan.
Hello, so I'm also changing my comments based on our three highly respected community members that have previously spoken. And so but I would just like to add some supporting comments in favor of what a real resolution for an Ojai-friendly management policy is and I think it's just plain common sense Poisoning the environment is not good for anyone. Healthy ecosystems are important for human well-being. Bad management policies result in a loss of biodiversity and continued degradation of the ecosystem, and it leads to negative impacts on human well-being. It affects all of us in addition to the environment we live in. And I just want to throw out one example there which is bats. And of course, there's the issue of decline of bats, which hopefully are rights for Mother Earth is part of what will help our bat populations.
But there is a publication in the prominent science magazine or journal called Science and they published a study looking at the effects of insecticides that are used in agriculture In response to declining bat populations, so what happens is the bat populations decline. They can eat more than a thousand insects in one night. So agriculture has to use more pesticides. The effects studies confirm infant mortality rates rise in these areas where the bat populations have declined. Agriculture turns to insecticides then human health declines as a result of that in ways that are unacceptable to all of us.
So I think this is a very important policy about protecting the environment, protecting where we live. It's like soiling our own bed that we lie in and I hope that you can find a policy that moves forward in a way that really accomplishes what needs to be accomplished here. Thank you.
Thank you, Anita. Next we have April Palmer and then Abby Stratenfeld.
Good evening Council. I am a professional landscape designer. I have done half my life working on projects all over Southern California and it has came to my attention many years ago the dangers of pesticides particularly Monsanto and glyphosate And so in my projects, I have been very careful to choose methods that are responsible to the environment and to the homes and the families who live in the homes and their children and their pets.
so that they aren't poisoned by the work that I do to create beauty in their homes. And now, I'm doing a volunteer project for Mesa here in the valley for transitional housing for the youth that has been identified as homeless creating edible gardens, orchards and working to engage them in the environment hopefully to inspire them to become a part of that movement as well.
So when I hear you say you are using robust investigations and you have done refinements, I'm appalled because you are having your hands the opportunity to lay down some very responsible dictates for how your community, our community handles something that is very critical to life, health, the well-being of all life forms. Every from the most minute organisms who we who consider ourselves superior depend on clean water Clean soil, the air that is not filled with the runoff and the spraying and the dusting. So I hope you will revisit this initiative, this ordinance that you have put together and really address the critical need to remove all but the least offensive that are listed in item or the category four. Thank you.
Thank you April. Next we have Avi. You are correct, I'm sorry got mis-filed next time. Any any more? Oh for this item? This item. Earth Friendly Management Policy okay Okay we've already done general public comment so let's move on. Are there any comments online?
Yes mayor, we have two raised hands right now. First we'll have Julie Tumamaes Densley.
2:41 – 2:5716 turns
Hello can you hear me? I'm sorry sir hold on thank you Thank you so much. It's been
a while since I've commented or been involved ordinance versus resolution
It took me three and a half years to get a resolution on the protection of cultural resources here in the valley based on a 47 year old general plan that says we shall protect Indian villages. So with that being said, I want to thank everybody there it is not easy to do this work. And it is not easy when you know people come in and we want to see change and we want to see protection And we need to be educated. So with that being said, also it is imperative that you go back to these people who have done the work. These women have been invested for over a decade and they've done their research and they are committed and compassionate as well as I am too about... Well, we have to first say what is a PEST? Pest is something that people can't stand, that hate.
I almost had a pet die from eating rodents that my neighbors using pesticides. I do not live in the city boundaries, I'm in the county. So she survived because she literally told me she's dying. I saved her and got her medicine that she needed and it still continues because the county did nothing. What you can do with this resolution Is to listen to those that have done the work, create a solid resolution that well has we have to kill these animals then past as we call them and pesticides that get rid of the invasive plants.
That we can do it in a more compassionate way, the pesticides are not it. In my studies the only way that we can get rid of a lot of things is to do things naturally hand removals and just really respecting our space in correlation Communication and in the generosity of us being on this planet with everybody else here. And look, not looking at please somebody mentioned the glue traps please those are sadistic. Please make that part of this whole You know, talk and conversation here. So, you know, ag brings a lot of that profits involved and yes we people need to make a living but I just want people to think about 1837 when Fernando Tico came into this valley what did he say? To have a cattle ranch as people come into our world here and they bring in what they feel they can't live without, along comes everything else.
So please rewrite this go back to those people who've already invented the wheel. I thank you so much for your time.
Thank you, Julie. And we didn't ban glue traps. Okay, that's it.
One more raised hand Mayor from Keon Shulman. Keon, you have the floor?
Yes, good evening. I'm Keon Shulman, Director of Poison Free Malibu and a registered nurse. I was co-author of the Malibus Earth Friendly Management Policy with city staff. I am happy that Malibu has inspired a new policy for Ojai. Our policy promotes a problem-solving strategy that mandates the use of preventative practices and enrichment strategies that promote healthy soil, plant life, wildlife and safeguard structures.
This policy protects the health of citizens and pets by eliminating the use of hazardous chemicals and pesticides and shifting to environmentally competitive practices. Malibu and Ojai have similar populations and interests in preserving our beautiful environments. Malibu has been pesticide-free since 2016, and it follows in the footpath of many preceding pesticide free IPM policies.
Just a couple weeks ago our city gave us an award for Earth Friendly Management Policy which eliminates and guides pesticide free practices throughout Malibus City properties. Today, I learned from the city staff report that this item was that essential components of the pesticide-free policy were eliminated. It is important to review the comments that were sent to you by Patty Pageling, Director of Transition to Organics who has been working on this effort since 2016.
The members of Ojai Earth-Friendly Management Team that originally did this policy should also be consulted again The protections written into their version should be restored to a similar level that Malibu policy provides. Please let the deaths of the hundreds of Ojai ancient trees and other possible pesticide tragedies never happen again. Please protect our environment, wildlife, pets and children and pass a pesticide-free policy.
I respectfully request that this item be pulled from the agenda and be brought back at another time in the near future. Thank you.
Thank You Keon.
That's all Mayor.
Okay we will move on to discussion. Council Member Lange?
Thank you. First of all I want to thank you Taylor and Lindy and all who worked on this. I after hearing all of the public comments I would like us to pull this item and go back and consider some of the changes that were suggested in the packet since we just received this afternoon I haven't had a chance to really go over this and I think it would be knowing the harm that pesticides cause humans, bees, our pollinators, our plants, the trees what happened at Soule Park. I think it's worthy of reconsidering this so I'll go ahead and make a motion and then have it be up for discussion but I'd like to move to pause this ordinance and reconsider Have staff draft a new ordinance considering some of the changes that were proposed.
If I may, number one my apologies. I'm a human being there appears to be a typo on page three of seven. Eliminate the use of category 1 2 and 3 pesticides should be what it reads and then minimize the use of category two three and three. It's clear from the intent on page five of seven That products listed as toxicity category 1, 2 and 3 were intended to be prohibited. So I apologize for the confusion there also seems to be multiple policies that have been brought forward to the council in reading the letters here.
There was one in 2016. I don't have access to those records there was another one again in 2021 that's the one that I'm was referencing happy to have to look at whatever the other policy is we weren't aware of it at the time What I can tell you is that the Public Works Department doesn't use pesticides at all, regardless of what we're doing with this policy. So this is codifying what is already being done in practice.
We would need Council's direction to change or modify what we did here so If you'd like us to take the public comment into consideration, we're happy to do that. By right sizing and staff sizing it seems that the other jurisdictions have commissions and departments or staff dedicated to sustainability. We do not have that here in Ojai. We don't have those types of departments.
It's usually our office and whoever in the city manager is On the city manager team who's available to deal with these types of things that I was making and right sizing by no means was anything in the policy intended. To be cut as far as stopping pesticides so I just want to make sure that that's clear because it seems like some of the comments that I made earlier were taken out of context and I want the council to understand that that wasn't the intent here okay
Madam Mayor, if I could add one further point. I know the Executive Director of Poison-Free Malibu and we appreciate their support in prior versions of this ordinance. One key thing to recognize is that the Malibu City Ordinance which a lot of folks look at has two components. One is a citywide ban on all pesticides Malibu was able to adopt that under the magic of the Coastal Act, using their local coastal program and their Coastal Act additional powers.
Default state law preempts cities from their ability to ban application of certain second-generation neotonicanoid pesticides prohibiting—state law took away that power because the oil industry has better lobbyists than we do. And Malibu got around that because of the Coastal Act. We are not in the coastal zone, so we are not able to use that same way-around state preemption to enforce a citywide ban on those kinds of pesticides. However, the second part of Malibu's ordinance is the limitation on what the city does with its own operations and its own staff and own financing, and that's what we're looking at tonight as a limitation on what we can do ourselves.
As noted, state law continues to evolve on this issue and I think folks who are concerned about the present inability of cities who aren't coastalized cities to prohibit pesticides in citywide applications should speak with other legislators in Sacramento to lift that preemption. But we're happy to revisit this particular policy for the city further. Thank you.
Thank you. Council Member?
Yeah, so I would also, I would second the motion to table this and to go back and look at the work that has been done over the last decade with the community members and experts who have spent a decade thinking about this. I would like there to be some sort of meeting of the minds in other words without a middle man or a middle person is that have a representative, maybe Patty P., whomever work with the city and understand what our legal constrictions might be and think about ways to get around that.
You know in thinking about this and working with this and April came to me a long time ago, Patty P your name has come up over and over again and I would trust you implicitly to represent the best interests of an earth-friendly perspective. So I would like to see that because we do, none of us are experts in this up here and certainly nobody tried to pull the wool over anybody's eyes but we need to figure out what we can do and our next item will also be discussing the rights of nature and what we can do in that way So we look to combine these two, but as far as moving forward with this particular ordinance, we need to have really clear language and I would look to working together to figure out what that might be. I think the majority of the council would support that and would support a very strong earth-friendly management policy like very, very strong, as strong as we could make it And I have faith in our Public Works Director, actually.
She's amazing. She has unlimited ability to make things happen with the small staff that she has and she has told me that we don't use pesticides so we just need... and the whole idea was to codify that so that if she were to leave which you know everybody does it's right here in black-and-white and that's the idea of codifying but she did tell me that short of there was A rat infestation somewhere, I'm just saying. And you know that's the only time in her history here that they have used pesticides not that we you know I'm just saying that as a matter of course it's not something that we do or want to do or would agree to do So I would second Councilmember Lange's motion with the idea that we get a representative of, you know to be part of the drafting of this so that we don't come back here and really not know what we're talking about in a way.
Okay. Thank you. Mayor Pro Tem?
Yeah. So my wife is a biologist. My daughter is a biologist I've my home's been pestified pesticide free for 35 years. I will say that there's been, I think one or two occasions when we had Ant infestations, it looked like a horror movie where pesticides might have been used. But I think that what's happened tonight is that we got to experience a gap in institutional memory because I'm fully confident that our legal counsel was trying to put together you know, a policy But I think that maybe there was a lack of awareness of some of the work that had previously happened.
And on that point, my wife used to be staff here at Ojai. Or she was a contractor here for staff. And she told me that she recalls, she thinks somewhere between year 2000 and 2009 that there was an integrated pest management plan that came to city council and was approved She said that the Santa Barbara Community Environmental Council at the time had published a book about integrated pest management and how to make community-wide decisions on that, and that cities all around the Tri-Counties area were adopting that program.
I'm a hundred percent supportive of going back. I think we should accept some period of time if I can amend the proposal except some period of time that people can Submit materials to us that they think have been adopted in the past and or represent, you know Policies they'd like to see us adopt and then have staff Bring them back. I think in in support of Lindy who I think is fantastic. I think we should You know, direct her to continue to do what has been represented she's doing. And so I'd support that.
2:57 – 3:1018 turns
Thank you. Well, I would just like to thank Renee, Patty, Sue and April for coming and speaking and sending us information about the discrepancies really appreciate that. And, you know, I do think there is a lack of institutional knowledge or in no one's fault. And I think we're going to fix it. In 2021, Council Member Francine and I brought this to council. We worked with Sylvie and Stacey and Patty and Kathy Nolan very hard and it was shot down.
We have a different council now that will turn out differently, so we have an opportunity to get it right. And I appreciate the motion in the second Patty sent us a list of all the changes that need to be made from the one that we have, going back to the original one. So I would thank you for the suggestion to have Patty work with our staff because we do have an opportunity to be a real beacon of sustainability and to follow the lead of this school board. Thank you Renee for bringing that up because if they can do it, we can do it Once again, it's an opportunity to lead the way. And I really appreciated what Julie Tumamite said about we need to respect our role on this planet, which means everything we do affects everything. So in this is a really important way that we could make our home better and cleaner and better for our children.
So thank you very much. And um, I think we're ready for the vote
Roll-call vote Moved by Rachel Lang · Seconded by Leslie Rule
Show transcript
Can I, do we want to continue with the resolution or do we want to move forward with an ordinance given that we know how we need to proceed? You know so is that okay?
Legally it could be done. We might suggest staff analyze it further but you wanna tie me in there?
Well, actually as a segue into the next item in the rights of nature ordinance. I believe it's recommended that whatever is adopted in this policy is codified as part of an ordinance instead. So it's something that you can discuss on the next item of whether or not you want to fold whatever this policy is we can leave some kind of a placeholder if that passes for this policy
Okay, great. Thank you very
much. You're welcome
roll call.
Okay. Thank you
Roll-call vote Passed 4–0
Show transcript
motion passes.
Hey wonderful All right
Let's move on to item number five concept review request to consider a rights of nature ordinance We have a staff report
Yes, madam air this is also assistant city attorney ms. Anderson. I
I'm actually the support on this item. I'm going to defer to Council Member Lange and Rule, who are the lead. I was more of an emotional support in this space to help them get something drafted.
Yes, this is a concept review for our Rights of Nature Ordinance which is an incredibly broad thought philosophy way of looking at the world that does flow into all of the things that we have been discussing. Ultimately, what it says is that rights don't just belong to humans and that you can have a guardianship for the natural world where you are protecting the integrity of the natural world without relying upon the concept that what is good for people is good for nature.
That has been property law, that has been the law of the land. This is huge. This is attempting to move a legal system and a way of jurisprudence to a new kind of concept. Now, and we can talk about what that means but I did want to say that this is a concept review and I've set up a meeting, a forum for next Tuesday at 6 o'clock for everyone to come where we can actually break this out and discuss it. I did have a Rights of Nature Forum a year ago It was well attended, but I'd like to bring this back up so that we can actually go through what it means legally. There are a lot of obstacles, but Taylor and Matthew our city attorneys have done a lot of work around how and where rights-of-nature type ordinances have been adopted How and where they have not been adopted, why they have not been adopted, and how we might avoid those pitfalls by the ways in which we either structure our protections or we enforce our protections.
And I would also point out that starting on October 3rd, the four of us will be attending a Bioneers workshop that is about how to draft, implement and enforce a rights of nature ordinance. It obviously starts... The Chumash if Julie were here would be able to tell you native peoples where they can make their own laws have adopted many rights of nature, ordinances and laws as have other countries. It is a particularly difficult thing to do here because we're working with like I said you know Jurisprudence that does not acknowledge at all the rights of anything but a human.
And we're moving that, we're moving that, we're moving that so we're gonna attempt to move it here because the health and wellness and safety ultimately comes down to the world and the environment in which you live and we're not protecting that and we have been trying and trying and trying and this is a new way to try Um, so I would say that. I will pass this over to Councilmember Lange but also next Tuesday 6 o'clock here at Kent Hall we will be having a forum. We'll put it all out to discuss this in detail and talk about what it means to grant rights to entities outside of humans and or Structures that are controlled by humans, i.e., corporations and those are the only other entities that have been granted rights other than, and I don't want to hear any scoffing, other than elephants here in Ojai.
Yes, thank you. I want to just give some background context for why rights of nature ordinances laws started to come into effect and this really did Council Member Rule spoke to this. This started with indigenous cultures and this movement has since you know, sort of come out from those practices. And where it has particularly been effective is in places like Bolivia or like other places where there's a threat to nature, to the environment from a large corporation, from a developer, from someone who is trying to... Who has not the best interest in mind of protecting an environment And so these ordinances, these types of ordinances started to come.
The movement started to evolve because corporations had so many rights to strip land, to mine, to pollute oceans and the people of the communities that have enacted these ordinances wanted to have something in place that would give them a structure within which they could protect their environment. I really want to commend our Assistant City Attorney for this because when we brought this to her, this is like out there.
And so what we have, the concept that we have come up with takes into consideration land use, the rights of land owners over their property. And so we have really as Taylor said, we have Frankensteined a concept that is practical. There have been places where These ordinances, these rights of nature ordinances haven't held up legally. And so we tried to do something that was taking this really big concept and making it very practical by breaking it down to what do we want to protect? What is the environment of Ojai? The environment of Ojai is our hillside.
Do we want there to be big mines and oil rigs being dug into the hillside? No, we wanna have a way of policy in place that allows us to protect if that should ever happen. Our water bodies, water is such a precious resource here and things like pesticides in the water would fall into that. And that is one area where the Rights of Nature Ordinance has been successful.
Flora, fauna, you know pesticides fall into that too. Looking at the trees in Seoul Park these are all the things that we have talked about piecemeal would all fall into a larger framework within a rights of nature ordinance and so I know that this might seem ambitious this might seem Like a dream, like something. How can we how can we put this into a practical framework? But that's one of the reasons why we brought this concept is so that we can see if there's something we want to bring into a practical framework and is this something that we think would be good for Ojai?
Thank you. Any questions from council? OK, we will move on to public comment first. We have Andy Gilman then Renee Roth and Bill Miley
Hey Council and staff. Thank you, I was actually going to ask for some kind of workshop on this so thank you for that and I would suggest if you could do it in addition to a Tuesday maybe offer another one on a weekend day that people can make that Try to get as many people who have that practical experience from their cities here, because as you say it's ambitious. So then if it because as I was trying to read it and look at other cities, I guess aspects of things like boundaries and definitions came up in some of the cases again so if we could really have this be you know this kind of series of workshops Then we can certainly look at the details. So we don't it seems to me now the other people that might come up, there's no point in arguing against it right now.
Let's hear all the details over a series of workshops. Thank you.
Renee and then Bill Miley and then Larry Steingold.
3:10 – 3:175 turns
Hello everybody Renee Roth. Thank you, I can't get your name assistant city attorney. Okay, thank you Taylor for acknowledging where I got off kilter because it was something that went haywire on my understanding for the previous item. On the adoption of the Rights of Nature Ordinance, I am urging you to consider adopting a Rights of Nature Ordinance for the City of Ojai. A city deeply connected to its natural environment.
We live in a valley that offers vast open spaces, much of which was nearly destroyed by the devastating fire of 2017. The Ojai Valley Land Conservancy plays a crucial role in preserving over 2400 acres of land While our 1,800 acres of citrus orchards have proven vital in acting as natural fire breaks protecting our valley during wildfires in 85, 99 and 2017.
These natural areas are not only beautiful but essential in safeguarding our water supplies However, we cannot control all the activities affecting these lands. The use of pesticides particularly neonics as I mentioned earlier is to be banned except in agricultural areas which is us our neighbors next door so in terms of water rights and speaking of land use Water rights are also increasingly under threat as demonstrated by the ongoing crisis in the nearby Cuyama Valley.
I don't know if you've heard about it, but over extraction of groundwater has left residents, small town growers and schools in a desperate legal struggle to protect their most basic resource. We in Ojai face similar risks. Our community relies heavily on groundwater shared with growers. Should we wait for a crisis or should we take proactive steps to protect our shared resources?
In 2013, the city of Santa Monica took an innovative and bold step by passing an ordinance recognizing the fundamental rights of both humans and ecosystems. Their legal framework prioritized environmental protection over corporate interests, ensuring that ecosystems are granted standing and can flourish and be defended. So I strongly support this and have more comments but Thank
you, Renee. Next we have Bill Miley then Larry Steingold then Anita Cram.
Hello. Nature this is the way I understand this nature and its rights from pollution Again, as I understand the key here is to be free from pollution. Wow! This is really extensive and far-reaching. Implications for future conflicts and legal issues seem very large. I have an overview of past efforts to turn this into legal codes But because it is new to our city in a formal way, I suggest we take a stair-step approach.
One, consider turning this into a draft resolution With a future meeting focused on its purpose, application, conflicts, enforcement and its educational value. Two, considering having the Planning Commission hold at least one forum type meeting to discuss this in the public. And Council Member Ruhl is in effect kind of doing this. Three, if prior city held discussions show support Consider turning it into an ordinance. Thanks.
Thank you, Bill. Next we have Larry Steingold then Anita Cram and Avi Strachanfeld.
Larry Steingold. I agree with Bill on a lot of this and with Andy Gilman on a lot of it. I would love to see some things be game, to see what the predictable consequences are because if somebody wants to do site work in a house on Daly or they want to put in a new septic system or they want to pour concrete on the Maricopa that changes the way the water flows off the road This is going to be an open-ended lawsuit, as I see it. Unless some other ways can be figured out that certain things are carved out because if you want to put a swimming pool in the ground, you're gonna make the earth cry.
Okay, and now you're going to pour concrete in there that gives off greenhouse gases that affects the atmosphere and the earth because the concrete leaches. And then you're going to put water in the pool, and then you're gonna add chemicals to the pool that are going to affect everything. So it's another lawsuit by somebody, and I don't know what it would take to do that.
But this just seems to be an open-ended thing. I understand why we're doing it, because it's education. We need to educate people to look at what we're doing before we do something. Instead of using poured concrete, use crasscrete with holes in it so water flows. There are ways to do things without creating the problems and the lawsuits Because if you have landscaping on your house than mine that isn't native, can we take a photograph of it and sue you and say, hey, that's invasive. Pull it out?
I mean this can go on. It's just too open-ended as far as I'm concerned. But we need the workshop. We need more knowledge. We need alternatives. Caring for the earth is vital. We all live here.
3:17 – 3:2812 turns
Thank you, Larry. Next we have Anita Cram, then Abhi Strachenfeld and then Robin Gerber.
So I'm thrilled about this. It is exciting forward movement that is of 21st century magnitude. So let's go Ojai! This is not a new idea, and Ojai is not the first to consider this type of protection for the earth. So to put a little context, the US was the first to do this in a small town in Pennsylvania Many others followed suit, another town in Pennsylvania, Maine, Ohio, Minnesota, New Mexico. And of course there have been legal challenges but their success also in this.
Some of the South American cultures deeply revere the earth so of course Bolivia strong on it, Ecuador, New Zealand, Australia, Colombia, India, Bangladesh. So here we are Ojai, we've fallen behind on this Let's get it done. Every single living organism is made of the earth, there is life in every layer of the earth accessed by science. Science considers the Earth alive. The Earth is a complex fully functioning organism There is a pulsing rhythm to the cyclic seasonal changes produced by the earth, which has lifelike qualities that resemble the characteristics of an organism.
And this is our home and provider. It is a vibrant complexly integrated system of life that we are a part of. And it's foolish to self-harm So as I said, science recognizes that the earth is alive. We are the ones out of balance only we can correct this imbalance. The rights of Earth are an extremely important step to regaining that balance. Please move forward with this ordinance. Thank you.
Thank you, Anita. Next, we have Avi and then Robin Gerber
The most interesting conversation I've heard since my first year in law school, where I was told that property is a bundle of rights. And we were asked who creates those rights? I certainly still don't know who creates those rights. On the one hand you have some force beyond us and on the other hand you have powerful people I'm not in favor of legislating culture, and I think that's where we're aiming it right now.
Every ill that we've talked about tonight can be corrected by addressing people. The earth, we can assign a guardian but then we're creating more costs. We're creating opposition. And I think what we want is to take our children and to let them understand the damage That when we pour poison into the earth, I can't go to a field here and pick an orange and eat it for fear that I'm going to be sick.
People, that's all that it's about, not the land itself. Ultimately, it's the land but every corrective we want will come through people. Why don't we educate our children and not get confused by putting a lot of energy where we can't have an effect? But increase the education. I've got two grandkids in town three years old What are they going to do for the next 50 years?
They need the information we're talking about now that I never had as a child. Citizens United, I think has taught us about that. Thank you very much.
Thank you, Avi. Is Robin Gerber still here? Okay. Any comments online? Thank you.
Yes, Mayor. We have a raised hand from Julie Tumamite Stensley. Julie, you have the floor.
Hello. Can you hear me? Okay, thank you. Thank you for everyone who's spoken tonight and on these issues. We are traditionally in this time which was our fall harvest, our fall festivals, Hutash, Mother Earth that people gathered for days honoring every living being that supported sustained and fed healed And gave honor as prayer to, for our people here for thousands and thousands of years. 19,000 we are now up to. Here in the Ojai Valley, we have a huge opportunity to learn and I agree with everybody education is everything So as we have seen, a lot of our environment here turned into what pleases man. The last speaker was absolutely right it's all being done here for us. We have forgotten about the natural world and all of its beings. There were times in all those thousands of years where indigenous people today are still practicing the honoring and reciprocity to all living beings throughout the solstices, equinoxes and even on a daily basis.
Honoring what has been given to them and what will be given to them as they prepare and live in a humble way But you know, people in our societies are entitled. Their money can buy and destroy whatever they need to get out of their way to get what they want. And we just need to step back as humans and really look 2009 or bear those of you who were around back then remember Elliot Hus, as we called him in our language who climbed a tree 40 feet only wanting to get a drink as our drought was preventing water in the landscape. So he fell to his death as fish and wildlife tranquilized him and let him die.
And our coyotes who are best pesticide invaders and warriors if we let nature do its job, we're fine. But we can't because we need everything so immediately. So let's have the education, let's work with people who have done these things and we can step back and really look in focus and be an example as other countries and other indigenous peoples have that knowledge of how to live with this earth and how to get the things we need and step back and decide what are the needs and wants of us humans?
We have everything here, we always have and we always will. And so thank you again for everybody who's attended tonight and for all the work but it should be in ordinance. I thank you.
Thank you, Julie.
No more mayor.
Okay let's move on to discussion. Anyone like to begin?
Mayor if I could just share some of what went into the drafting of this. So we...I got to spend a lot of quality time with Councilmember Lange and Councilmember Ruhle And part of the research that we did was into cities that were successful, because that was a big concern of our office. There are rights-of-nature examples out in the United States and in the world But there are legal challenges, and so out of those concerns we found opportunities where other jurisdictions were either touted by the court or noted as successful in their rights-of-nature policies. And that's what's reflected here. So the first one is the prohibition on polluting water and it's within city limits.
Water that's controlled within city limits, introducing a foreign substance that causes harm. That would be a violation of the ordinance if approved by the council and I'll backtrack a little bit to say the way that we help structure this item with the council members. Is unfortunately with our legal system, we can't get away from regulating humans. It's just the way that our legal system is set up so the rights that are reflected and proposed inform the regulations on humans right? And they work in tandem. So like I said prohibiting polluting water Prohibiting fertilizers containing phosphorus was another part of it. We know that that was a successful ordinance. There are minimum exceptions that allow, you know if you have a report saying that you're depleted in phosphorus that you could add phosphorus to the soil.
It prevents phosphorus from getting into the water supply harming animals. And then a policy adopted by the ordinance to allow property owners to install and manage natural landscapes. This is not something that would be enforced as a negative, this is a promotion of a policy that allows and encourages residents of the city to have natural gardens versus plants that don't belong in Ojai. You know, so and I know that the Ojai Conservancy. Ojai Valley Conservancy is working on cultivating plants and having opportunities available to the public where they can come and buy native plants to Ojai and they're trying to make it easier for the community. So that's the third one. And then The one that we talked about before, which is the earth friendly management policy.
Hillsides were not incorporated into this the city already has a hillside development ordinance that protects our hillsides and cutting into them those items go to the planning commission and are reviewed for those standards so We do already have something in place I would like to clarify that none of these things could go to Planning Commission these are Policies outside of development. They don't affect development the regulating human conduct and Say it one more time not development, so if you have any questions About it. I'm happy to contribute but I'll defer to councilmember laying in rule
Thank You Taylor
3:28 – 3:3814 turns
Yeah, so I'm happy to have discussion. Like I said, I think that the workshop a week from today and I hope that Taylor can make it on Zoom or in person because this really is around jurisprudence and we need to understand that as well. That's the challenge is the jurisprudence aspect of it. And there it's very interesting if you're at all interested in jury prudence but One thing that came up again and again is that protection versus rights are two different things. You can have laws that protect, it requires enforcement. Rights are something else and with an ordinance, that's a statutory law When it goes to court, case law takes over and these things will. You know that's what we looked at. That's where the nuance is. That's where you know the gray area is and these will be further defined as we move forward So I guess what I want to say is that in this day and age, this kind of thing is emergent.
Most things are emergent and if we start and we're smart and we care, we can figure out where we need to go. And if the court needs to step in then the court will step in and will add clarification And we work from there. We got to start, we got to start and if we're committed and smart, we can keep going. Maybe a detour here, maybe a detour there but we keep moving forward. And that's really... Except for Anita would you be our moderator?
That's all I have to say is that I look forward to clarity. You start with an ordinance, you go to case law, you find out what you can do, you move around it, you move with it, whatever you can do, it will emerge.
Would you like to put a motion on the table for
us? Sure. I would make a motion. We don't need to have a motion for the workshops, do we?
Um, historically the workshops that organized by a single council member do not have staff support. So if the Council wants us to provide staff support we can do that but that would be a...
Yeah
no no
yeah I mean we could but
otherwise it'd be a motion to direct staff to prepare a draft ordinance for further review
OK, so I would like to make a motion that we instruct staff to prepare an ordinance for further review pending the workshops that we have. And I will do a Tuesday and a weekend one with the idea that though we are moving forward with this, we're looking for input but we're moving forward with all at a clipping speed let us say. Is there a second?
I'll second it.
We'd like to speak
yeah, I've got some comments
mayor pro temp
so Lawyers aren't gonna look skeptically at The idea that you can adopt rights of nature If you if we're creating a right in nature, so first of all I I agree 100% with the idea that the concept of nature having a value of its own unadorned by human involvement is a strong thing. I don't know how we legislate That when we've got a system that has acknowledged the rights of people to own this stuff, you know.
If you buy a piece of property I think you assume that you own the tree that's on the property That, you know how you handle the tree might be regulated like in Ojai we regulate how we treat trees. But it's still owned by the guy who bought the property and so anytime we say we're gonna give a right to somebody where their rights already acknowledged and exists in it, you know in a person You're basically saying I'm taking this right away from you, where you formerly had 100% control over your property.
And so I think one of the things we're going to have to grapple with is giving notification that anybody who's going to lose some portion of their rights when we give those rights away to nature. I think that there are some real problems with deciding who the arbiters of what nature, what rights nature wants to advance is very problematic because there could be differences of opinion about what's in the best interest of any Um, thing we're trying to bestow. So I don't know how we would you know regulate and fashion the right of somebody to speak on behalf of trees or streams or whatever that they don't already have in some existing laws.
Again, not that I don't like the idea that somebody could make those arguments on behalf of trees on somebody else's property. I think that we're trying to tackle issues that the state and the federal government tackled in the 1970s. In California, the law was CEQA. And whenever you made decisions about projects, you were supposed to get a report that described all of the environmental impacts that would be created by this proposed project.
And that was to inform the members of whatever body or legislator so that they could value decisions like important natural habitat and the like in making their decisions. But what's happened over the last 50 years is, this is an overstatement but I think it's fairly true, CEQA has been killed We have created every possible exception. It turns out that those CEQA reports are expensive, because you've got to bring scientists in to advise you about it.
And so that's gotten in the way of development. So we've got more laws evading CEQAs than we ever had. I think that the point that these lawsuits, so I guess I'm curious as to whether we're throwing these rights out so that private litigation can take advantage of them and take them to the courts. But if The viability and legality of our conferring rights on nature is challenged.
Are we going to enter into that litigation? Spend attorney's fees on defending the statute, or are we gonna just leave that up to private litigants I read something in looking at this that said that every single lawsuit that has been filed to challenge a rights of nature claim has defeated the rights of nature claim. So I'm concerned about devoting too much time and energy on this issue.
Although, I think that the spirit of it is probably something we should explore further and it's a good concept but I don't think it has a legal place.
3:38 – 3:4717 turns
Okay, well first of all I would like to thank councilmember rule and council member Lang for bringing this forward it is Takes courage and I really appreciate that. And You know one thing I've Instead of thinking about giving nature rights, you know, I think it's important to Think that we human beings took The rights of nature away from her. And this is an opportunity for us to restore those rights.
And I think you're right, Council Member Rule, I think you said we have to start somewhere and Anita Cram talked about we're out of balance so this is a wonderful way to bring us back to balance and rights don't just belong to humans, and we need to protect the integrity of nature. And I love that you're going to Bioneers. That's so wonderful. How cool! And I'd love that, Taylor, that you are so gung-ho, and I think this is really, really interesting, and it's great to know that other communities have passed this in the United States and in Europe, and South America.
And that this pertains so clearly to our health, wealth, and safety—health, wellness, and safety—and that's what we're here for, to protect that. So we clearly need to protect the environment, and it did start with the indigenous people. And we need to give nature the help that nature needs. I'm in full support of this. I have confidence in our legal team and our council and our community to work out the kinks and figure this out. And I think we need to get on board.
Can I make just a quick statement? I wanted to say that the course that we're taking from the Bioneers is online and both you and Mayor Pro Tem Whitman, it's by the foremost legal environmental. He's the one who has moved all of this forward for the last 25 years and we're hoping that we can sort of be a case study but if you wanted to attend as well it's online and you certainly could As we are, and I wanted to thank especially Taylor who you know when we walked into the room it was impossible to wrap your head around this and down the rabbit hole she went. And down the rabbit hole she went.
And we felt so bad but always she was like nope I like the rabbit hole I'm good that's what they give me they give me the rabbit hole questions And to Mayor Pro Tem Whitman, yes we know legally that you know but there were always people who didn't have rights as well until people fought for other people to have rights whether they were African-Americans women didn't have rights children didn't have rights. They were property so this is not I understand it's a jump over out of the species, but I think we're ready to take it. And the law has always been the expansion has always expanded to include more in rights than it had. I mean except for right now kind of you know.
It's contracting a little bit right now, but the movement has always been to expansion of rights and there have always been people who couldn't see that. And who had to come to see that. Not that I'm saying anyone in this council is like that, but that's a challenge. And it's not an unusual challenge that many people have faced over the last 500 years is the expansion of rights to others who don't have it.
So anyway, I really wanted to thank Taylor for going down that rabbit hole and being happy to do so. Thank you.
Okay we're ready for roll call?
Absolutely Mayor. We have a motion by- I just want to make one final comment. So i'm gonna support this because as far as the idea that we're going to workshop and discuss this further my supporting the idea that we're moving forward is not Endorsement that I think that we're going to be able to get somewhere with it
Roll call, please.
Roll-call vote Passed 4–0 Moved by Leslie Rule motion by councilmember rule second Lang to prepare the ordinance for review pending workshops provided by the individual council members
Show transcript
motion passes Okay, wonderful.
All right we will move on to item number six adopt a resolution suspending enforcement of chapter 9-17 title nine of the Ojai Municipal Code and directing staff to evaluate and report on alternative methods to achieve the city's climate change goals And we have a staff report.
Yes, briefly Madam Mayor so this item is continued from the prior meeting what's before you is a draft resolution that would suspend enforcement of the city's reach code which is chapter 917 of title nine that in summary requires new buildings and new residential units to have, not have natural gas infrastructure. Thus they use some other source of fuel for space heating, cooling water, heating and otherwise. And their ninth circuit case California Restaurant Association versus City of Berkeley held in April as was affirmed on denial of rehearing in January of 2024 That the similar City of Berkeley ordinance that also prohibited installing natural gas pipelines on new residential commercial projects was preempted by federal law, a 1980s-era Federal Energy Policy and Conservation Act law that regulates the energy efficiency standards for appliances and preempts conflicting local regulations and state regulations.
Applied to preempt local reach codes. The City of Ojai ordinance is similar to the City of Berkeley ordinance, given that and a recent threat of litigation from the California Restaurant Association against Ojai. Staff recommends that the Council take two actions. Suspend enforcement of Chapter 917 and direct staff to repair And return with a report on alternatives that would achieve the city's climate change goals of reducing greenhouse gas emissions, improving air quality and combating the effects of climate change. Uh, including those caused by natural gas consumption production transport and use but do so in a way that is likely to survive review if staff approve the council approved staff recommendation we would put a note on the city's website and on the online municipal code that would reflect the suspension of title nine 17 Chapter 917 and would return with the alternatives options for council consideration.
Staff is already in conversation with other cities similarly affected regarding alternatives and the options that can be, that are within the council's power to achieve similar policy goals but survive federal preemption challenge. With that we're available for any questions thank you.
Thank you any question Mayor Pro Tem?
Yeah I just have a question about that idea of bringing Something back to us would I think I heard this and what you were saying, but You would bring it back to us if you believe that some other city has proposed something that you think is viable and has a reasonable chance of surviving a legal challenge
Correct. And I think we've identified at least initially a couple of options that get pretty close Okay
Any other questions?
Yeah. Can you explain to me why we would, I mean, we got a public comment, why we would suspend and not retract or...
Repeal.
Yeah, repeal. Why we wouldn't repeal and then just do a new ordinance because suspending It kind of implies that we're going to reactivate, not a new ordinance or not a change. So I'm curious as to why we wouldn't do a clean cut and then come back with a new ordinance?
So that's certainly an option for Council, we recommend suspending rather than repealing because we understand at least a couple of cities in the Bay Area are planning to fight the same fight again and hoping to get a different result as is possible the Ninth Circuit if they get a different panel and set it up for a conflict to go up. And so if any of that succeeds, then a suspension could be lifted rather than having to readopt the same ordinance if it survives review.
So the suspension preserves the situation on the ground not enforced so we eliminate future threats of lawsuit but If the legal landscape changes in a way that what we have on the books ever becomes enforceable again, we can spring it back to life. In the meantime, we develop alternatives and what I would expect is if when we develop alternatives, if that's the council's direction then the council would face the choice of repeal and replace or keep the suspension, keep that on the books but then adopt the alternative option.
I guess somebody got locked out. Thank you
All right. Okay, thank you. Alright we will move on to public comment first We have Steve Quillacy then Bill Miley and then Starchild
3:48 – 3:548 turns
Thank You mayor council and staff this will be very short When I read the packet, I saw nothing about a notice on the city website or black letter notice in the online version of the code saying that this was suspended. And my question was if you suspend it how does someone who reads the code know that it's suspended? I salute Mr. Summers for adding those caveats But I don't see them in the packet. And I would encourage you to add those two provisions, one a notice on the city website and two a notice in the text of the municipal code that suspends this enforcement if that in fact is what you decide to do. Thank you very much.
Thank You Steve next we have Bill Miley and then Starchild
Good evening. I support suspending the natural gas section of the code, but I also included in my email a reference to a actually just few days ago State Air Resources Board article on their summary 2020 to 2022 greenhouse gas emissions and reductions throughout the state. And since the agenda item calls for further consideration of reducing city greenhouse gases, I would like you to look at...I hope you looked at the screenshot I put.
There was a chart showing that 39% of greenhouse gases throughout California come from vehicles. And boy, do we have a lot of vehicles in this town! So my summary is let's get them into city parking lots quicker and get more chargers in motels and hotels to encourage more EVs And get people who are driving gas vehicles to park quicker. So we need more parking lots, thanks.
Thank you Bill and next we have Starchild.
Though, as you consider options to replace the REACH code I hope you consider a proposal similar to the one that I put in public comments at the last meeting. I do understand that we can't use the Mills Act to get free subsidies For all electric housing, but I do think that if the city were willing to put up some money to provide incentives for people to convert.
They're already a gas. furnaces or water heaters or stoves to electric, that we could incentivize and promote several people to make voluntary conversions to all-electric. One problem that exists with the current Reach Code is it does drive up a bit the cost of new housing or expansions to housing which for certain people is going to prevent them from either expanding or making ADU, or building new housing. And I think that that's an unfortunate consequence The other thing that I'd like to say is that I do agree with John Drucker's comment, that it would make more sense to repeal the Reach Code rather than just suspending enforcement. I understand what City Attorney Summers is saying that perhaps the Ninth Circuit, a different panel could make a different decision But it seems like that would be immediately appealed to the Supreme Court.
And I think that we could probably all agree that the current United States Supreme Court is a bit more conservative than our Ninth Circuit and probably less likely to enforce an environmental policy, which is against what the gas industry or the restaurant association would like to have. So I think it would be short-lived if there were any success in the Ninth Circuit and a different panel, and we would be right back to the same place where we were suspending the Reach Code again and repealing it. Thank you.
Thank You Starchild. Any comments online Weston?
No Mayor no raised hands on Zoom. Okay well let's go ahead move on. Pardon me oh we do have a raised hand now on item six Stephen Colamea. You have the floor.
Sure, I just wanted to make a couple of comments here. One is most people don't realize that the Ninth Circuit court decision was made by three judges only three drawn at random two were Donald Trump appointees and one was a Ronald Reagan appointee. Secondly, I think it's important to recognize that there are 70 communities that have been involved in the fallout from the Ninth Circuit Court decision. There is a very active and very smart group of engineers and energy consultants who are working on workarounds so it makes perfect sense to simply suspend The enforcement for the time being.
And recognize that there are very likely going to be workarounds that make a tremendous amount of sense. Also, they do not cost any more money to do all electric than to continue our obsession with gas. There's no harm to any builder if this is in suspension because there are
3:54 – 4:0330 turns
That's all on Zoom, Mayor.
Okay. Council Member Lange?
Yes, thank you. So I want to thank our City Attorney for doing all the deep dive into this research and staying on top of this topic. In the interest of time, I'm aware that we have three more items so I'm just going to put a motion on the table And then let it be up for discussion. But I am going to make a motion that we follow the staff's recommendation to suspend enforcement of Chapter 917, Title IX of the code and also with the caveat of noticing that on the website as well.
And in the online
administrative code? Yes, correct. Thank you.
I will second that motion.
And are you also directing staff to report on alternatives when they're available?
Yes, thank you. That was part two. Yes I apologize that was part two of the recommendation and I wanted to thank you for clarifying that.
Can I second that too? Okay anyone like to discuss? Well, I support it. Thank you very much and I appreciate staff working on this and as Steve calmly said there's 70 communities involved in the fallout of this And I think there's a lot of movement there and I look forward to seeing the alternative methods From from staff to achieve the city's continued climate change goals
And I will note that we're in conversation with our city partners around the state We're not the only ones facing this problem And we have no need to reinvent the wheel
Great. Anyone else? Okay, we ready for a roll call?
Roll-call vote Passed 4–0 motion understood. Roll Call.
Show transcript
Motion passes.
Yes, can I make a suggestion? Is it too late to I noticed there are a number of people here for public comments on item number eight Would it be possible to move that to the next item and then the other two items after that?
I do see, we just have one public comment on number seven. I have a feeling a couple people are here for that. I'm fine with that. For
eight, so moving item eight which is Take
eight now.
Yes, take eight now and then seven. Thank you Okay, is that all right with council?
Yeah consensus from Council Give a moment for Lucas tomorrow both Yeah,
okay. Yeah sure. That's fine. Thank you.
Okay, let's move on to item number eight discussion in council direction as the city regulations of temporary for-profit outdoor artisan and vendor markets And thank you for being here, Maura. Do we have a staff report?
I do. Thank you Mayor and Councilmembers. So item number eight, thank you for moving that up. This item is on the agenda tonight for discussion and direction to staff from the Council related to outdoor for-profit artisan and vendor markets. The code, the Ojai Municipal Code allows for the Director of Community Development to approve outdoor markets that are compatible with a subject zoning district And in spring of 23, the director issued several temporary use permits allowing outdoor for profit artisan and vendor markets as a pilot project.
Community concerns were raised during that time. It was about a six-month Six months worth of approvals. I think for six or six events one per month the community concerns were raised and once the permits Ran their course no more permits were issued until staff received direction from Council, which was to hold a town hall meeting For the community and so on July 18th An input session was held, and attendees included for-profit artisan market participants and organizers, local brick-and-mortar business owners, and the general public. The feedback received was mixed. The for-profit artisan market participants and organizers expressed generally a desire for more commercial opportunities Often highlighting the need for more locations for local artists to sell their wares, and the brick-and-mortar businesses on the other hand were raising concerns regarding nuisances and unbalanced competition.
During the input session, staff identified existing alternatives for local artists to sell their wares including indoor venues that don't require discretionary permits. An option to secure approval of a discretionary conditional use permit for outdoor events and also ongoing local events that are managed by the Chamber of Commerce in Libbey Park, of which there are about 13.
And also there are several local stores that sell local artists' wares and so we identified those specific stores. So, due to the existing opportunities for local artisans in the community and to the impacts on the brick-and-mortar retailers, staff is recommending that the Council affirm the current Ojai Municipal Code provisions that generally prohibit for-profit businesses holding outdoor markets.
And perhaps to direct staff to create an FAQ to put into our landing page We already have a landing page that is specifically for outdoor artisan markets
Thank you very much any questions
So the recommendation is that we affirm the municipal code With certain exceptions, so what's
No Actually, I'm reading staff is recommending that you affirm the current code and for temporary use permits which so a conditional use permit or a temporary use permit is required for an outdoor event. And if you go to that, I am not suggesting that you do this right now but if we were to go to the section in the code there are several instances where an outdoor event is permitted And one of those is at the director's discretion, such that the use is compatible with the surrounding uses and the zone. That's what we did or the director approved for these outdoor markets.
The other type of outdoor event that would be permitted would be something that is a not-for-profit. So anyway, in the staff report it doesn't say with exceptions.
If I could clarify slightly it does in the recommendation section?
Okay, as an alternative?
No. Affirm the current Ojai Municipal Code provisions that generally prohibit for-profit businesses holding outdoor markets with certain exceptions. The reference to certain exceptions is the conditional use permit process. Existing code allows an operator of a commercial facility zoned in C1 or BP or VMU or another zone that allows commercial uses, commercial retail uses to operate an outdoor commercial retail facility with a conditional use permit. That's the exception that staff recommends the council affirm, it's already in the existing code and prohibit temporary use permits for for-profit commercial facilities maintain that prohibition or as alternatively direct some revision
Okay, then I also want to clarify then and go back to the community meeting that we had. That option was put out there as one of the options for outdoor markets was to secure a conditional use permit which has to be an application that's a discretionary application or permit and it has to be signed by the property owner.
Does it go to one of our, does it go to planning? Planning commission. Planning commission would be the arbiter on
ranking those. Right so under specific titles I guess you'd say or situations a temporary use permit can be processed through staff or the director but the conditional use permit runs with the land and it's processed through the planning commission
4:03 – 4:1016 turns
I do have a question, but they're both the same thing. One just goes to the planning commission and one goes through the director?
No, a temporary use permit is such is just that it's temporary. So it's for you know, a couple of times or one time. It's depending on what the request is. A conditional use permit runs with the land forever and it's however it's approved to specific or according to specific conditions. So a temporary use from it is like perhaps a one time event
Mm-hmm. Okay, perhaps though
right or it could be For instance one of our applicants requested Six different dates mm-hmm so it was a temporary use permit for six different dates one a month for six months But then it ends there Where a conditional use permit runs with the land. It's not something, you know, it can keep going on forever. It's not just six times or one time. Just
to clarify they're both non-conforming uses?
So with the conditional use permit what would happen is it goes to planning commission and they would request whatever their plan is right so the temporary use permit is maybe for six uses but when it runs with the land you can do it Forever, but maybe it would be you know I want to have these special events on my property. 4 times a month and i'm anticipating there's going to be 50 people at each of these events and the planning commission would consider that would either make changes to it.
And it would be outlined very specifically what the property owner could do with those events based off of whatever's in the application, whatever the use is, whatever the zoning is. So there's a lot of factors that go into it but it would be more permanent is what we're trying to say.
Okay, so then you're saying that the owner would be the one who would be making the application not the market who would be basically using the land. Like none of the markets have their own property?
Right, yeah. So apologies. No
no I'm just trying to clarify because it's just a little confusing is there any Is it a standard by which decisions are made or is it completely conditional? And I mean, in other words, how was the decision made about whether or not to approve it.
Well, there are findings that have to be made whether it's a temporary use permit or a conditional use permit. The findings are very specific and so if it's a conditional use permit staff is presenting it to the commission but the commission has to make the findings in order to approve that and it would be very specific For like, for instance for an outdoor event on a private property. I want to have them. And so my application would be specific and what would go forth to the Planning Commission be specific, like Miss Anderson was saying it would be perhaps five times four times a month and these certain hours in this number of people.
But it's a permanent situation not that it can't be altered but it's. A permanent situation where temporary use permit on the other hand makes findings also but it's for temporary so whether it's one event or five six it's it's temporary it ends there and again but findings have to be made and still though a property owner has to has to sign that application as well if the event holder is not the property owner
Right. I guess what I'm trying to figure out is, is it completely discretionary or are there... Is there a sort of list by which if you hit all of these then it's a yes? If you don't, it's no. In other words, I'm just trying to figure out how somebody wanted to have a market would they know, could they know that it was going to be approved or it wasn't going to be approved
So it's discretionary and if it's a for profit market, there aren't specific standards. No. So it is discretionary and we would look to see and ensure through the findings that it was compatible with the time location
So when she says it's discretionary, what the director is looking at for the temporary use permits is the impacts to the neighborhood. What is the parking? What's the parking available? What's the plan? How many people are intended in that area? So there's there are factors they're not necessarily outlined as clearly as in the conditional use permit code but there are specific findings of the director Makes of yes, this is consistent with the uses in the neighborhood and won't have a negative impact. There's adequate parking for this event or an adequate parking plan.
You know they have staff to direct people to parking so that there's not traffic impacts there are typical things within the code as far as impacts are concerned to the community that are considered when these types of permits are approved, if that makes sense.
Yeah,
so you said
negative impacts. That's pretty vague. In other words I'm trying to figure out if there is some way that these pop-up markets or these markets can find a path In order to be able to do them without it being so discretionary. Um, you know, I, I'm worried that. You know, it goes before the planning commission and, you know. 15, I mean, we've heard. I'm worried that the pop-up marks aren't gonna get a fair shake. That's really what I'm worried about, and the reason that I'm worried about it is having sort of delved through all of this, you know?
The question to me becomes do we have an obligation to protect the brick-and-mortar stores? So for instance if Rainbow Bridge said, I don't want a farmers market, it's gonna take away my business You know, so I'm just trying to figure out, you know, if we're going to say no, you can't do it then.
4:10 – 4:189 turns
So to clarify first the city can't regulate the business-to-business aspect of this and the impacts to the brick and mortar that's outside your jurisdiction as a city. Your jurisdiction is health safety welfare. So the things that we would look at with these types of events Is there a plan for litter? I'm trying to think of other things, right. So these types of things that are in your jurisdiction as health safety welfare, that is the limitation of your powers.
The current code does not allow for For profit businesses, if that's a path of the council would want to take it would require going to planning commission. Having a consideration for those permits clear standards of what would or would not be allowed for these types of events right where we would codify something. To make clear what the expectation is for these types of permits to be approved, right now the code only allows for not-for-profit businesses to host these types of events in farmers market
without a discretionary or conditional use.
Yeah, so there is a provision in the code that allows the director to make findings that a use is consistent with the code and therefore the permit can be issued. The director at one point did make those findings felt that it was within the code but there was a community response regarding parking complaints and these other traffic impacts and things to the community that caused community development to find that it was no longer consistent with the code, which is where they're seeking your counsel now of how you'd like to move forward.
Okay and just one last final question as I recall in reading what one thing I read was that it was not consistent with the general plan and the general plan says is that we will attempt to grow economic growth in downtown And, you know that to me was kind of like. very definitive on what type of economic growth. In other words, why would a pop-up market not be economic growth? You know I mean given that it's local artists and things like that but it was pulled from a general plan and a general plan to me it was a completely ambiguous statement that I could have used exactly in the opposite direction saying that these are our local artisans and our general plan says we will support you know economic development for our local artisans So that was, you know to me a real concern is that if you're going to pull something from the general plan and apply it to why you're not going to do something but you could also use that same language in my mind as a justification for why you would do something there's a huge degree of ambiguity there.
So that was my concern. You know, if it's a standard criteria that's one thing but if we're going to pull ambiguous language from the general plan and apply it in one way when we could as easily applied in another that's a little bit tricky for me to accept.
That's understandable I think one of the options that council could consider if you'd like to allow these types of for-profit markets is a night market where Maybe the impacts to traffic would be less, right? Parking would be more available because it's when the other businesses are closed. Right so there are opportunities that council could explore if this is something that you want to do and feel that it's supported by the general plan. You do have that option to provide that direction to staff this evening.
Okay thank you.
Thank you for answering the questions, appreciate it.
Any final questions? All right let's move on to public comment. First we have Jamie Fleming then Andrew Stassi and then Barbara Pullman.
Jamie Flemming Chamber of Commerce first thank you for moving this up a little bit it was getting a little late and we do have some speakers All right, I was listening here and I think to clarify a little bit. I thought I would just stick to a few things one is I think the stores and if you really read a lot of the letters that you've received they really I think have issue with outside wholesalers and vendors who come in a lot of these pop-up markets. I think every store that I've talked to, and I think even in your letters they always support trying to do something to make it so our local artisans and locals have a place to sell And I think you'll see over during the year there are actually many, many opportunities for our local artisans now to do that.
And so I think there's a lot of win-win going on there but the perspective that gets missed and this is what I want to focus on, the cost of doing business and having a business in Ojai is extremely high You know, our stores will be able to tell you that they come in and they're paying extremely high rents. Probably higher than any city in probably the county.
They have to pay employees. And we are blessed that they have the decency not to be closed every day of the week knowing, and we all know this Saturday is probably the only best day to really sell. But instead of having our downtown look just closed up, they pay employees seven days a week or five days a week. Stay open and they're paying utilities, they're paying insurance costs and most importantly to you, they're paying business taxes and whatever. So there's quite an investment just to be in business here.
And so that's why you see all these letters and stuff. So what I did because I think what gets lost is the perspective So I just took, after talking to a lot of the businesses, what the costs are to be open for those five days. Not seven, just do five, to compete with a pop-up vendor who comes in from Los Angeles and is in a pop-up market who pays $150 for that right to sell antiques and vintage clothing or whatever.
And so this is a very simple way to see And if I included seven days, the chart would be much higher. But you can see the whole difference in what it is as to do business in our city and yet you let an outside vendor or wholesaler come in and sell product. He's not paying taxes, he's not paying utilities, he is not invested. We all want...
Thank you Jamie. Next we have Andrew Stassi and then Barbara Bowman and then Larry Steingold.
4:18 – 4:256 turns
Andrew Stassi, my wife has a store in town and I have a business in town. Bottom line is you while you may not be able to entirely focus on unfair competition You can focus on parking traffic and resources You know, when the city grows and when the demand for people to come to the city grows and you're trying to put five pounds of potatoes in a four pound sack.
In essence what you're doing is you are taking away parking, you are adding to traffic, you are creating an issue in regards to health safety and welfare. So, the brick-and-mortar stores in essence were first up. They paid their dues to be here. They pay sales tax 365 days a year vis-a-vis their landlords or they own their buildings they pay property tax so in essence they should have the first right to these resources But because bottom line is that when the city planned for these buildings they planned for a limited amount of parking, a limited amount of traffic and a limited amount of resources. So at the end of the day there simply isn't enough parking facility, there isn't simply enough resources to support for-profit pop-up markets.
Additionally These events were never intended vis-a-vis the general plan and ordinance or for profit. They were intended to improve the quality of life in Ojai, vis-à-vis the community chest, vis a vis nonprofit organizations. And that's bottom line what these resources of popups should be going for. Nobody blames entrepreneurs for wanting to make a living But we simply don't have the resources. We simply don't have the parking infrastructure and setting aside notwithstanding unfair competition, you should be protecting the mom and pop brick-and-mortar stores unless you want downtown Ojai to start looking like downtown Santa Barbara.
Thank you.
Thank You Andrew. Next we have Barbara Bowman then Larry Steingold and then Bill Miley
Hi everyone, Barbara Bowman. I am a retailer and I have been for 44 years and it takes a lot to be open seven days a week. You do pay all of the fees you do pay the sales tax paid them for 44 years. The people that come in for profit and I want to make this very clear. I don't think you understood this Leslie. It's not that we don't want to take care of people who are locally who produce products and want to sell them We do want to push our local talent, and that is why in this town you have almost 12 a year. Almost every month you have an ability of a fair in this town for charity where those local talents can sell their goods. And it's for charity.
And they pay maybe $50 to go to those and use those. So we're supporting the local talent, and we're supporting the brick-and-mortar by keeping it you have to be local. In other words, what we're asking is if somebody wants to do a pop up market one of the rules I'd like passed is that they have to be local. It has to be local talent so that it's not people from LA. It's not people coming in with their goods to compete with ours. and bring them in at a lower price because someone else is paying property taxes, rent and everything else. And also we are like a rare species anymore how many towns have very healthy mom-and-pop stores? Not many if you're going to protect the trees, you're going to protect the water, you can protect the sky, you also should be thinking about protecting your mom-and-pop stores because they just say OK, Ojai's hot.
Let's let it happen. Everybody is going to this for profit. They weren't here when Ojai wasn't hot. They weren't trying to have pop-ups in those days. Now they're in here and they're coming here because it's a hot little town and they can make a bundle of money on a good... And they get to pick their weekends. Which weekend if something's happening, you can bring the people in? That's not fair to the retailers that have been here for all the years leading up to this. We are the backbone of a downtown. We are where everybody comes to support, you know, the land conservancy. I mean we support everything. I mean I write checks every month to all the different people that come to me and I never turn anybody down from the museum to the land conservancy to The Wild.
I mean they're here all the time till the high school calls me Those people that come in those pop-ups from out of town, they're not supporting those things. I've supported them for 44 years. I need your protection. I need you to work within the rules what you can do to help us like your water, like your sky, like your environment downtown. We need your help and we need you to look at us as a rare species that we have a fairly healthy species of us downtown Don't squash us. You know, don't let us go like everything else goes. That's my point. Thank you.
Thank you Barbara. Next we have Larry Steingle and then Bill Miley.
I agree with Barbara Bowman. We have the 12 fairs or festivals. You have vacant buildings now Forget the fact that they're asking high rents or high prices, it doesn't really matter. The person owns the business needs to generate the income to pay the rent, to pay the employees who you want, to pay them good wages, you wanna have decent products. Yeah great we don't have a cobbler in town yet but you don't have the basic services why? There isn't enough business to cater it too. But if you want more vacant business buildings have pop-ups all over the place, then it won't matter because then they'll just go out of business and no one will be—no one will have to rent. We'll just have permanent pop-ups. And I believe with a CUP you can make it conditional upon sale of the property.
It can end or review. Is that correct? In some cases as conditional. So if somebody has a CUP, it can end with the usage and with the sale of the building or could be conditional on that because it can come up from review just like the reviews for the ranch market or for all the Ojai Ranch. Okay I mean these are all conditional But to have pop-ups permanently going, you'll kill the retail business.
Thank you, Larry. Next we have Bill Miley.
4:25 – 4:3617 turns
Good evening. I participated in the Planning Commission discussion. As I remember The presentations most were against allowing for-profit organizations to have permits for outside pop ups. And I said that also. There appears to be no value in allowing for-profit vendors to have temporary outdoor permits because there's no or little benefit to the city's welfare and economic viability.
All the local realtors who I heard speak did not want them to be permitted for outdoor pop-ups Especially when they select Saturday or Sunday as their sales day. And you heard Jamie Fleming talk about that possibly is the best, Saturday's one of the best. So I looked at the definition of welfare and one of them I like is Welfare is to provide resources and conditions needed for healthy and comfortable living for people in the area, or in our case, our residents. So I see welfare does apply.
Health, public health, safety and welfare is as I understand it the legal obligations that the city has for running its business What hasn't been mentioned is for-profits can do popups inside brick and mortar buildings without a permit. I see no economic value to our city for giving any kind of exemption Conditional use permit or temporary permit for an outside pop-up for for profit businesses. I am strongly against that, thank you.
Thank you Bill any comments online?
No raised hands for item Pardon me, item eight mayor. Okay
all right let's move on to discussion would you like to put a motion on the table to get things rolling? Thank you
yes I will put a motion on the table um first of all uh just want to thank uh Jimmy Jamie Fleming and all the all who came and spoke um i i think i'd like to put a motion to affirm the current Ojai municipal code that generally prohibits the for-profit businesses from holding outdoor markets The one thing I would like to put that motion on the table. In talking with some interested parties, the concept of having the evening hours was something that was mentioned and I would be open to discussion about If that is something, if we want to give for-profit markets a chance but as was stated here tonight, for-profit markets have the opportunity to go indoors. They have the opportunity to, I mean there are opportunities for for-profit entities To have opportunities, but we need to do everything we can to protect.
We have the formula business ordinance. We need to do everything we can to protect the small business owners who are really making it work. So is it if I'm open to hearing from my colleagues to see if the evening hours would be something that we want to incorporate? It's my understanding that that would be That that would be you know something that could be workable No. Okay, I'm hearing no.
So the report also has a suggestion that you could ask staff to look into it further and direct them to come back with more information for council's consideration as an option too.
Thank you so much. You're welcome. My motion includes having staff look into evening options for more information and come back with recommendations
Do you want to second that? I'll second. Okay, we have a motion and a second.
Yeah, I just wanted to say that as I remember that meeting there was a true distinction between... As Jamie Flaming said they come up from LA but we had a lot of local artists who don't have a place to sell their wares. Very talented people Artists, artisans. And so I thought that that was a distinction that we've lost in this conversation and just have said oh you know it's LA people but I know a lot of those people they live in Ojai they do their art in Ojai they don't have an opportunity to put their stuff in stores So to me the distinction is not necessarily between whether or not the manager of the actual, and I'm gonna call it pop-up makes it seem really easy to dismiss. But these are people that spend their time seriously working to make things, to sell.
And it is their livelihood. They have service jobs here in Ojai But what they do on their side hustle, because it's the only way to live in Ojai is to be artistic and create things. Yet we're not promoting or understanding that sort of faction of the group that is part of this. So is there potentially a way if the chamber puts on 12 markets a year to work with Our local artists, I know you say you do.
But those who came to that roundtable did not feel like your markets that the chamber puts on was a place where they could actually thrive. And I don't know why that is but perhaps that could be some kind of discussion as well. We have an underground economy here of people who live here who are very artistic They don't have shops. You know, they sell their stuff online and they would really like to have a physical presence. And they talked about how important it was for them to actually speak to people about what they create. It wasn't just about selling. So I thought there was a real distinction that we had agreed upon that local artisans would have...
We would try to find a place for them to be involved in this Maybe I'm maybe I misunderstood, you're absolutely correct.
Thank you there are there are avenues and paths in which we're exploring kind of opening the door further i think those 12 market or those 12 events that we have going on in Libby at Libbey Park right now Right now the, the idea is expanding it more for local first and then giving them those those spaces. So once that's once that's dried up, then we look outside. And I know I've had conversations with Jamie in the chamber about that. The other piece was an interesting piece that came out of the meeting, the input session which is that nighttime piece. Kind of a European theme to it and then kind of having a wrinkle here. I'm not sure how far we go with that. There's you know...I've got staff going to an APA conference next weekend and there's an opportunity for us to sit in on a seminar that's talking about night markets So there's an opportunity for us to learn from other cities and other communities that have maybe found success in this, and lessons learned.
Right? We'll learn from that. And if this council is agreeable to us doing that research and going into a deeper dive and getting lost in the weeds on some of this stuff, we get to geek out. We're okay with that.
We're okay with you geeking out. I am totally supportive of geeking out.
Thank you. Well, I would just like to say thank you to Jamie and Andrew and Barbara for voicing your opinions. It's really helpful. And yes, Taiwan has the best night markets in the world so check those out. And I really think it's important that we protect our brick-and-mortar stores and continue Artists, but also keep in mind the cost of doing business here and Andrew brought up a really good point about the parking and the traffic. And we have a limited amount of parking and Ideally you want to limit the traffic and that does relate to the health welfare and safety of our community So that's why I support this and I thank the council and staff. Thank you very much for working on this Are we ready for a roll call any final comments?
No, okay. Roll call please. Can we read the motion? I'm sorry.
Absolutely. Motion laying second Whitman to proceed with staff recommendations and direct staff to make recommendations for the concept of evening hours markets. Roll call. Mayor
Pro Tem Whitman. And we would expect that second piece looking at doing the deep dive into night markets would include a director working with other cities in similar modes and in consultation with the Chamber of Commerce and our other local downtown partners
for their monthly markets to work to perhaps make them more something. I don't know, but anyway okay thank you.
Yeah part of the how to make it better for Ojai will be part of the conversation.
Funky you know? I mean there's a funk factor that Okay, we're ready for a roll call.
Roll-call vote Passed 4–0
Show transcript
4:36 – 4:4415 turns
Motion passes
Wonderful. All right council are you want to keep going no I guess we're getting the now well Well, we did not get to item number seven and items number nine. I Apologize Pam thank you for hanging out Thank You Steve for being here And we will definitely get these early in the agenda on the next on October 8th. So Thank you for being here and let's move let's move on to The future council member reports anyone have any reports Silent Disco was a huge success, and the City of Peace on Saturday was a really wonderful event ending with a circle at Libbey Park.
I wanted to thank the opening of Soule Park Pickleball Courts It was a fabulous success. There's some great pictures of people having a dang good time. Lindy is a star and she is now a star, and I wanted to just say that perhaps at some point we can think about dedicating them to Karen Wilson in one way or another for all the work that she did Stuff so we can bring that up at some point but it is some way acknowledging her work That you know, she worked very hard for a number of years on it.
Okay Thank you And I just like to read or reiterate that it is pickleball paradise It's gorgeous and thank you so much Lindy if you're listening and the public's Public Works Department really fantastic any city managers report
No, just a quick one that we the city will be participating in clean air day and all trolley rides will be free on Wednesday October 2nd
Okay, and we have future agenda items lined up. So thank you all very much for productive meeting and we are
oh Sorry, I'm sorry some future agenda items.
Okay?
So my understanding is a Tree ordinance was submitted and proposed before several of us were elected. And it hasn't come in front of us, and I have experienced two oak trees that have really been mistreated by tree service companies in the last few months. And so I would like us to see take a good look at That tree ordinance, I think it's beyond time for getting that in front of us.
I'd like to see us and well, I guess I need a second for this.
And maybe if I could clarify, we have an existing ordinance that heavily regulates anything to do with an oak tree. There's part of that original discussion some years ago there was a discussion about adopting a resolution that would expand it to other Uh mature tree species and that resolution was never adopted by the council It sounds like what we need to do is a discussion of that resolution And any other strengthening of the ordinance because if there's a situation, it's a problem We could look at strengthening it but I want to be clear. We have an existing oak tree protection
ordinance I understand that my understanding is that uh, jan scow did a thorough um Retooling of what he thinks our ordinance should Provide and that's something that with the second council could look at. Yeah, yeah And I and I am NOT opposed to looking at how the ordinance might apply to other Heritage type trees so It sounds like I have a second. A second, OK?
And it could be on our list of future agenda items already much.
OK. But we haven't seen it.
It's on the list.
OK. So I think another concept I'd like to see us take a look at is a housing trust how we would fund that And what purpose we would use, you know the funding for I think is something that we need public feedback for. But I have in mind and I've talked to Councilmember Lange about this idea that, you know, we got a lot of renters In Ojai, who are paying near mortgage sized rents.
But they're limited from obtaining the benefits of home ownership by the fact that they can't afford a down payment. So I would like us to look at I don't know if that money exists or not, that we've talked about in terms of the delta, the surplus. But I would like us to look at how to do low interest loans to first time buyers who meet a criteria for connection to Ojai in exchange for deed restrictions so that those Properties would then be available to future low income purchasers.
So that's my, there's a lot to be worked out but I think we need to talk about that folks want some help on being able to afford to live here and I think we could do something. Do I have a second? And then I have a third proposal to get on the agenda, which is so we currently have limited ability to let me say this differently. So ADUs are being built. And they're being built under California law, under the idea that they are affordable and therefore our normal regulations are reduced. But the fact that they're being built doesn't mean that they're necessarily affordable.
And I would like us to see, and this is probably for planning, but to look at ways that we can Create incentives for the construction of ADUs where the ADU builder, you know, has fees waived or other incentives in exchange for their having a deed restriction that limits the rents on that property.
4:44 – 4:468 turns
I would like to know. I know the planning staff has left for the evening, but we are working on exploring the option of a streamlined process or plans To make them more accessible to make them easier to build which would lower the cost hopefully Like standardized plans that our Ojai pre-approved. Yeah So that is something that they're looking into but good we
could I think this would potentially Take it a little further with the idea of you know deed restrictions and You know, we could figure out yeah
Just to point out that also with 80 use you can now sell them separately. So that's another way something else to incorporate into the thinking is that they can be sold as a separate entity which Changes
with appropriate city approvals
Yeah, which changes the world. I mean yeah we can look at that but they're no longer tied to the main house or to the property. I mean they're tied to the property not to the main house which allows ownership in a kind of mobile home way and would like to also if anyone saw my editorial I'd like to bring up again a community pool at Soule Park
We hope it was there. I'm sorry, was there a second on the ADU? Yes. OK. Did you think yeah,
I will. Yeah, I'll second the pool too. Okay. Uh-huh yeah and I would if it I would also like to make an agenda item that we have a that we bring up for communications plan for fire ready fire safety to to address how we let community members know about our fire readiness and our evacuation plans, so emergency plans.
I'll second that. Anything else? Great ideas. Okay all right well thank you all for a productive evening and we are adjourned.