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iHow this transcript is madeUnGovr transcribes the official recording with automated speech-to-text, separates speakers by voice, and matches voices to the seated roster. Names and attributions are AI estimates and may contain errors.Verify any quote yourself: click anywhere in the transcript and the official video jumps to that exact moment, so you can check any quote against the recording.Scheduled start 6:00 PM · clock-time estimates pending review
0:00 – 0:003 turns
Thank you everyone for waiting and Mayor we're ready.
Thank you all for waiting for us, welcome to the Tuesday September 22nd City Council regular meeting roll call please.
Roll call, called by Weston Montgomery
Show transcript
thank you for that and would you lead us in a pledge please of course thanks welcome honorable council community Ready, begin.
Agenda Discussionitems moved / continued / pulled, click to expand
from the City Attorney's Office, we are recommending that the City Council continue item number 10 likely to a meeting in October but we would recommend that we not do a specific date certain but it will probably be coming back in October.
Understood
And then we are also recommending just because we have a long agenda and we're not entirely sure if we will get through everything Okay, I believe the city manager also wanted to recommend that we continue item number 16
continues 16 Okay So continue professional service agreement with Ivy Lee and the public here Any objections Okay,
do we need a motion? Let's do motion. Okay so I'll move that we approve the remaining items on the agenda.
Second
thank you okay moving on any
Roll call, called by Weston Montgomery
Show transcript
0:02 – 0:0715 turns
Commission reports
Thank you mayor. Stand it's slippery.
Okay, good evening Council and staff. Randy Coggin, Chair of your Public Safety Commission. I want to give you an update on the commission's activities since its creation. I am pleased to announce that with Katie Donwen being sworn in at our meeting yesterday we're now finally fully staffed. Since our inaugural meeting on August 3rd we've been hard at work on several initiatives that have been sent to us by City Council and some that we felt were needed on our own With the number of time-consuming items we have and only meeting once a month, we have made effective use of work group which I believe you all refer to as ad hoc committees.
The first item that we tackled was the speed hump policy. After further review, the Commission along with staff felt it should be more of a comprehensive policy so we pivoted to what will be a traffic calming policy which focuses not only on speed humps which are but one form of traffic calming but the wide array of all methods by which traffic can be addressed For this item, I appointed a working group of Commissioners Steingold and Keechin who along with Lindy Palmer and her staff have developed a policy that I believe will meet the city's needs. The policy is currently undergoing legal review and once finalized we brought to the council in the near future for adoption.
We were also asked to discuss and evaluate the most effective and physically responsible uses of available fire mitigation funds, and offer recommendations to the City Council for consideration. The Commission approved five recommendations for your consideration which staff will be bringing to you at a future council meeting. Our next focus was the safety element of the general plan, which was sent to us for review by the Planning Commission. We are currently reviewing that element making revisions and additions that we thought were appropriate and are working towards a final version.
Once our review is completed it'll be sent back to the Planning Commission for their final review and from there to City Council for adoption At our meeting yesterday, we began work on the Ojai Community Disaster Plan. I appointed a work group consisting of Commissioners Sims and McEachin assisted by Chief Abbott and Chief Cleary as needed and subject to their availability who will review the plan make necessary revisions and additions and bring it back to the commission at a future meeting for the commission's discussion and approval and then subsequently submission to City Council for your consideration Finally, based on a number of issues that have been raised to Council concerning e-bikes the Commission believed that an e-bike policy was needed.
It would provide guidance to both e-bike riders and law enforcement. The discussion of creating this policy is on the agenda for October meeting. A number of e-Bike policies from other municipalities have been gathered for use as reference And I appointed a work group consisting of Commissioners Steingold and Donwin, assisted by Chief Abbott as needed and subject to his availability to work on and develop this policy. And eventually bring it back to the full commission for review and ultimately to the City Council for your consideration.
I should note as staff support to the Commission that Lindy and Jackie are part of any work group that is formed subject their availability. Needless to say, we've been busy. I do want to let you know that our meetings have been well attended and we received numerous public comments at our meetings which are much appreciated. In closing, I want to thank Lindy, Jackie, the rest of City staff along with Chiefs Abbott and Cleary for their excellent support that they have provided the Commission That concludes my report, unless you have any questions for me.
I don't have a question but I want to say that I'm so grateful for how ambitious you guys are and we're all benefiting from your work. Thank you for that.
Yeah and thank you for your leadership as well. Appreciate it. Thank you so much. I'll pass
it on to
the
commission. Thank you for the council support.
Yes, thank you very much. And just to say before we move to the city manager's report, I know if you are here to speak on the public discussion item which was El Roblar, that item just to say again did move to a soon item in the future. Just so you know. You're not waiting for no reason. That got brought up when we approved the agenda. It's being moved forward.
So it's not for tonight. I can see that that
was worth saying. Yes ma'am and anyone looking at the agenda those would be items number 10 and number 16. Number 10 and 16 moving
out.
Okay,
moving on to the city manager's report.
Mayor I have two items but I'd like to first let the city attorney go then I'll follow her.
All right so I'm here tonight and I'm happy to announce to the City Council and to members of the community that the city and council member rule have reached a settlement agreement in the pending litigation matter Rule V. Ojai Tomorrow the city will be releasing a statement that's a joint statement of the entire City Council including councilmember rule and the other four council members.
And that will be issued tomorrow on social media and also provided to other local media through a press release.
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Thanks. Great, and then if you haven't yet received it, you're going to be getting your Ojai Outlook in your mailbox started landing. It's the fall edition we're very proud of it. Hope you enjoyed reading it. We enjoyed it. Thank you.
Okay. I'll move on to public communications. I have three cards. Ulrich Brugger and then Bradley Smith. Yes, thank you.
Hello, sir. Well I'm not sure if I should speak now because you said item number 10 has been postponed?
Correct.
That's what I wanted to talk about
and you would have waited till that item anyway instead of now but anyway gotcha for next time and then Bradley Smith please hello
good evening council members city manager too many times like come to the meetings where i watch On my TV at home. And I see people come up here and tell you what you should be doing, and how you should be doing it. And just a lot of negativity. I don't know whose idea it was to have the My Ojai app. Last week I downloaded it, and I put in a request to Public Works to make them aware of a hazardous situation. What I felt was a hazardous situation.
Two days later, the hazardous situation was caught. And I'm really impressed. Since that happened to me, one of my other neighbors also had a similar thing happen to him. I wasn't contacted by the city. I believe there's enough information on there that they could go and look and do. But I'm really happy with whoever developed that app. It certainly worked for me. Thanks.
Thank you. That's great to hear. I've had similar experience with the app and it works great. Leanna McNeely, please?
Good evening City Council, Mayor, Administration, Attorneys at all. My name is Leanna McNeely I'm a resident of Ojai. As my husband said there's a lot of negativity and I'd like to acknowledge some of the good that the council members have accomplished over the last month We find it's really easy to lob criticism at the City and City Council, and we see it all over social media and in our local paper. But it isn't difficult if you look to find a lot of good that this council has accomplished.
Just the last month gives us examples of leadership and positive governance that should make us all proud of our city and local government. First, thank you to Councilmember Rule for her leadership in spearheading the informative and important community conversation on public safety and immigration. Well done! A big thank you to Mayor Gilman for leading a thoughtful Chautauqua about the future of Ojai, and I'm hoping for many more productive positive conversations about our city's future.
Council Members Whitman and Rule should be applauded, silently of course, for working together to craft the RFP for Program Manager for the Permanent Supportive Housing. Mr. Whitman's been opposed to the project from the get-go and he had his reasons. But now that the housing project is a reality, construction has started. He has moved forward and is lending his legal expertise to ensure the project succeeds with a strong management team in place. Mr. Whitman's willingness to help this project be successful as a wonderful example of how to pivot from opposition to proactive support when the circumstances warrant it.
And to the council as a whole, thank you to your response to the grand jury report. Council members Lang and Rule walked us through all the events that led to the grant application. The growing homeless population outside these doors and elsewhere in our city The lack of a plan of how to management and the chaos that at that time was the city administration. Their input helped frame the responses to the grand jury, and remind us all why the decisions that were made came to be. And again Councilmember Whitman's legal expertise guided the response advocating a less defensive more contrite tone.
To see the council work through their response was a reminder of how civil discourse and local governance should be conducted. So thank you all for your commitment to the city and to your leadership, thank you.
Thank you, we appreciate that very much. Anybody? Let's see, Mr. Miley do you want to do a public comment? Go ahead and stay up there. Hello.
0:13 – 0:1917 turns
This week I got my newsletter from SOAR, a lot of you did. And there's two articles in here that are really exciting and we want to tell you about one on the first page. Ventura County Open Space Collaborative is born. You may know about And we'll quickly read it. One of our former county boards of supervisors, Linda Parks is the executive director of SOAR and she's involved.
They said from the beaches to the mountains, Ventura County is home to an abundance of wild open space that gives our region its unique character. These landscapes support extraordinary biodiversity Essential economic processes that sustain both communities and our economy. To support the work of organizations dedicated to protecting and conserving these places, we have created...
Come on open up. The Ventura County Open Space Collaborative The collaborative, a group of two dozen organizations and agencies was convened by Melissa Baffa with the Ventura Land Trust. And they've done really great things here. James Friddle with the Canal Recreation and Parks District. Candace Mahegan with the Friends of the Santa Clara River. And Linda Parks-Whistler We are committed to safeguarding the natural landscape that surround us and make Ventura County so special.
So they're going to talk about the inspiration of economic study that was done in Santa Barbara County, they're gonna do one here soon. So the collaborative was created because we know we can accomplish more together than we can do on our own in support of the natural open spaces that engulf us all. Thank you.
Thank you,
sir. Anybody online? Mayor, we have no raised hands on Zoom. OK.
Great, we'll move on. Okay so we'll move on to the consent calendar. Does anyone have any comments on any of the consent calendar items? Please come up then.
My comment is on number... I forgot what item it
was.
Number nine? It's on the one for the
Disaster
the town hall. Okay, that council member rule is requesting
just to be clear it's actually Council Member Whitman in the original packet it was a duplicate and so one uh the correct
can my time be restarted yeah sure sure did you get a card for me what number
this well you're asking for number nine under the consent calendar
yeah I'm asking for the one for the town hall That would be
eight. Okay, sorry.
So number eight
then? Okay.
Okay so the city should vote no on or the City Council should vote no on this proposal. This proposal is for a city facilitated and sponsored televised campaign event for a sitting City Council member running in November for the same seat We are less than 45 days from the election. It cannot be viewed as a city remaining neutral on this. We, the taxpayers pay the city salaries.
Kent Hall is a taxpayer funded venue. Council Member Ruhl has posted this event on her campaign page, which makes it a campaign event. I have a screenshot of it. Leslie Ruhl for City Council District 1. It was posted two days ago at 157. That makes the campaign event to put on your campaign page. So she could delete that post if she chooses, but it's too late. She posted it, people saw it. It's been at least two days ago. People commented on it. Screenshots have gone around. I was sent one.
It's documented. That train has left the station. It is a city-sanctioned taxpayer funded televised campaign event. In addition, council member rules should not be allowed to vote on this. She would be voting on a campaign event for a seat she currently holds. This could be considered self-dealing there is money involved in that city is facilitating it they are paid staff taxpayer paid staff. It isn't a taxpayer funded facility So this is a hornet's nest for the city to step into. It's going to look very corrupt if this is approved and it goes on again, we the taxpayers pay city salaries. They are going to facilitate and set up this event. It is gonna be at a taxpayer funded building. So I urge you to say no. Thank you.
0:19 – 0:222 turns
I could talk about that in a second. Mr. Miley, I should have said we're going to have any wedding can comment on all the items that we're gonna consider it condense into one three minute period for the items not three per item. So please do come up. Can you do it?
I'm gonna comment on item number six. Okay. I don't have a business, but the first time I joined as a non-business member of the chamber this year. And that was hoping to get involved in some of their board issues and such. So here are my comments about the agenda item. The work plan ideas look really positive involving productive and benefiting our city's future.
But I see challenges Except there are a number of specific labeled events which are listed, there are no numbers of services to be provided. Even minimal numbers are assigned to the Chamber's consultant, not even minimal numbers. All the statements are like these, do this, offer that, provide this but nothing to count. I suggest there'd be a range of events To be accomplished, like two to 10, one to five, three to six. All depending on the subject and the complexity of the issue.
Also I did not find any statement of consultant services accomplishments by either contract name or business. Who is the consultant dealing with? What businesses are they considering or trying to get here? Maybe it's not legal, I don't know. Or the number of contact. There was no requirement for a report narrative of work on a monthly or quarterly basis that I could see in the document.
I would think this would have value for current joint efforts to gain businesses and investments, joint efforts with the council and the city. I do not see any requirement for a detailed services report narrative at least quarterly to the City Manager and to the Mayor The bowling alley property looks abandoned. I'd like to see them take that on. Also, I'd like to see energy put into considering the idea of a valley-wide legal structure for a park and recreation district.
And very new idea. I think your city council should be asked to make a list of the businesses and service consultant entities our city needs Give it to the chamber, board and have them work on it. And then council in the chamber and board and consultant can work together. Also I think that the city council oughta come up with the obstacles it sees that are in their way of getting things we would like in town.
That would be a joint effort with the chambers efforts. I like this.
0:22 – 0:2731 turns
Okay. Ms. Burgess, just before we talk about the consent calendar I guess it seems like a response is warranted around if you believe in responses warranted around item number eight?
I think we would have to take a look at what was posted on the website in order to be able to opine on that. I will say that an informational town hall As presented in the staff report and as requested at the last council meeting as part of the future agenda items That is purely to provide information on its face would not be a campaign activity, but we would want to take a look at that posting just to say for sure
right
I just wanted to validate that at the last town hall that you had, there were people who were expressing concern about safety at the polls. And it seemed to me like this was more in response to that concern for what kind of surveillance is there going to be? ICE agents, it seemed to me like this was a direct response to some of those fear baits. Some of the really very real fears that were expressed at that town hall but I could be wrong and- I read that exactly the same way.
No it was that and in fact I will just say that I actually posted something about election integrity. It wasn't my post and then I put underneath that in the comment that the city will be sponsoring a election that Eric Narosenko will be coming on this particular date to discuss this. So it was a post that had to do generally, not my post with election integrity with a statement underneath that the city would be having one on October or whatever. In other words, it was two sentences This, I mean, I really feel like this is a personal attack and I'm happy to deal with it in any way that we need to deal with it.
But this was not an election at all. It was not meant to be an election. I did post it there so I could sub-post it in other places. So most people probably didn't see it on my site because I forwarded it to other sites which immediately came back with personal comments about, you know, me. And so let's at least agree to what it really is and so I'm fine with it but that's all it was. I'm happy to forward it to you. Yeah we would be happy to take a look at that. It really is two sentences that say please, you know, we're having an election integrity Town Hall we get it. Please come on this date at this time and our speaker will be Eric Narasenko That's all it said it didn't say anything
Again
vote for me.
Okay,
so well we can take a look at that though
So the recommendation would be to postpone either.
Yeah continue that item just to the next meeting The
problem is what's that? We have dates set up right? So if this council believes that that was actually true What's the date? The date is the 14th of October and It is a direct result of what is being talked about in this community right now
get your points clear
And I would hope that this council would stop the silliness.
No, you're right My my inclination is to proceed unless you see some kind of an objection So, I
mean the other option would be for Council to move forward with consideration of this item on the consent calendar and if we do determine that there's an issue then we can We can follow up with the council member rule and and the city manager and And I'm
fine with that if really I did cross a line that I never saw as we
don't have
another council meeting until the right and we've already confirmed with Your points clear. Yeah,
okay.
I would be I would be okay with moving forward with it provided that you see But because I've heard from a number of people with those concerns and I heard it at that night, but people have reached out to me specifically about what the city is doing. And are we safe? And what about mail-in votes? And so I think this is worthy of a conversation. So I would be in favor of moving forward with it.
And I will just say that the governor has just signed at least three new bills around this, that I think would be very important for our residents to actually know what those are. So
anyway- And I would note for the record, just because I know we've gone with a little more discussion, I would say let's treat this item as being pulled for discussion for purposes of the record. Okay, fair
enough.
Since we're discussing it So and we'll put a pause in that maybe go ahead and approve the rest of the
consent calendar Thank you for that item. So let's are there any other items on the consent calendar that many members wish to pull?
Yeah,
okay
number
six,
okay
0:27 – 0:3740 turns
Anybody
else I have just a statement I want to make with the warrants number three
Well, what's pulled out Okay let's then, and we're going to just by default poll number eight since we're talking about it. Okay then I would move to approve items one two four five seven and nine.
I will second that.
Let's go ahead do a
roll call.
Thanks.
Roll-call vote Passed 5–0 move to approve items one two four five seven and nine. I will second that. Let's go ahead do a roll call. Thanks. Roll call. · 2 under review
Show transcript
Let's start with number three.
It's just there is a couple items on here, one is the transit washing with Emmanuel Mendez and another with Christopher Reno who's our trolley repair man so I did reach out to Norma today and she's helping me walk through it and we're gonna meet next week on Tuesday I think to go over everything so I just wanted to be transparent and let you know and thank you Norma I appreciate that
Okay. Then I'll move that we accept item three. I'll second. Okay, wonderful.
I guess so. Yes. Council Member Whitman? Yes. Council Member Ruhl?
I was paying attention. Oh, just item
number three that she was just saying that she's working on the some of the trolley expenses with whether it's whether we're accepting. OK,
yeah, totally.
That's good. No worries.
OK?
That was a
yes.
Yes,
that was a guess. Council Member Lange.
Yes.
Mayor Gilman. Yes mayor pro tem.
Okay, moving on to number six the Chamber of Commerce.
Yeah I have two concerns about this one I agreed with the public comment that what I would describe as, you know, it's the proposal is not really oriented towards deliverables. Okay this we're paying this amount. This is what we're gonna get as a result of the amount that we're paying for the service and my other comment is that I have reservations about the extent to which the arrangement benefits community members in general, as opposed to members of the Commerce Committee and members of the Chamber in particular.
And I've had this reservation all along the way And I don't think that we've moved as far enough in the direction of demonstrating a resident benefit to justify the expenditure.
So I'm going to comment on this. The mayor and I are the liaisons to the chamber, and last weekend they had an event – or actually over the weekend they had an event, and there were three booths that I went into. And each one of those vendors are Ojai residents, local residents, and they said we are so grateful to have opportunities to be able to sell our work because it is so hard as a small business. They said this in very – I'm paraphrasing. But every booth that I went into had an artist.
had a local maker, had someone who was taking the risk to start a business and feeling that sense of community and that sense of support among our artists here. I'm getting really emotional about it because we have a formula business ordinance and it's something I believe so strongly in making sure that our downtown stays unique to Ojai. And we've seen businesses leave.
People that are our neighbors losing their jobs, losing their businesses and to be able to see how much CARLA has turned this organization around and how much the board has changed They're always thinking about that. They're doing so much work behind the scenes that we don't even see to help businesses survive In this really difficult economy and after the tariffs they were right there on the front lines Looking at how to have fundraisers for our local consignment shop And so I have a different perspective of it, but I think it's just because I go to the events and I'm there With them and and after this weekend. It just was really clear to me how much Some of the events do draw people who are outside of Ojai, or in Miners Oak, or in the surrounding areas.
But the people who are benefiting from that activity, they're They're my neighbors, so I feel strongly about moving forward with this. And we revisited this contract because she had so much in there and so we said let's cut it back because there's no way that you can do all of this. One thing I know about the board is that they're very They have measurable goals. So I won't keep talking, obviously I feel very passionate about this but I think that they've just done a really good job for some of the people who need it the most here.
I just want to echo that. I won't copy what you just said, I was at the event this weekend as well but it's the amount of shepherding that ends up happening for a business working through the process and we don't make it easy as a city everybody gets that but that I see it as a gigantic service that is being offered to the businesses and I do have a lot of faith in the board as the liaison that we do get to see what's happening so We did work on this agreement. I believe the pieces are there, so I would hope to approve it but any other comments?
Yeah, I just want to say page 2 or page 90. I don't know what number you're going by. Down what is it 1, 2, 3, 4 number 5 developing signage kiosk marketing plans. I would like to see input from the HPC included in that as well as two down facilitating discussions regarding signage and business support. And managing tourism and balance local and visitor needs. So I just think back with the signage, I think to work with the HPC to ensure appropriate and compatible outdoor displays signage as we know it's an issue. It's coming to our agenda soon and I just wish that they could be included in anything.
If I might suggest, my thinking is that the Chamber's going to take the direction from them. And so they won't do something that we don't recommend.
But there's signage... We can argue, I won't argue about it but- Well it's coming before us. Right. So it should be, I think the HPC should be included because there are issues in all of the signs everywhere that aren't, I think it needs to be addressed. If I
could just jump in on this really quick, that could be Council direction?
Yeah, that's what
I'm saying.
You requested the item to go on the agenda, so of course it will. That will be something that you could do. You can say I just want to refer this to the HBC.
Thank you
I'll just comment then. My concerns aren't about Ms. Ferrante and I do recognize that the relationship between the city, the community and the Chamber of Commerce has changed dramatically for the better under the leadership of Ms. Any thoughts?
Just ditto. I support this. I see how much work goes into it, and I definitely see the benefit to the community and to the individuals who participate. So I don't have that question in my mind at all. I walked through very briefly, and it was great. And people you know, people I knew were there a lot of people were there so I support it.
So I would move that we accept consent item number six.
I'll second it.
Roll call, please.
Yes.
Roll-call vote Passed 5–0 move that we accept consent item number six. I'll second it. Roll call,
Show transcript
0:37 – 0:5031 turns
Thank you. Okay so moving on to number eight is there more to say
Is more to say it doesn't matter why the somebody's motivation, it does not matter. So I am looking forward to, I have an email ready for the city attorney explaining where I posted three sites took two down because of all the hate Um, and it only lives on one site now and I will send that to you. And if you find that I have crossed some line that I did not know, I also want to point out that they said this about the meeting with Sheriff Fryhoff even though it had been in the works for nine months. You know? So...
Motivation is not important because it's just simply the act, but motivation is important because it brings into this world something that doesn't need to be here. So anyway, that having been said I will bring it to you. I would hope that this council would go ahead and approve it based on an approval by Miss Burgess if not we will have to reconsider obviously.
And so what I would add to that is just that, and I already sent a note to our elections attorney just put them on standby to take a look at this. Once we have the information if council approves moving forward with this item tonight my recommendation would be that you if that if you're going to approve it that you approve it subject Our legal review and if we find that there's an issue, we'll let Councilmember Rule and the City Manager know right away. And I will take care of it.
And if any of us after the fact see it and have an objection to it? I have not seen it personally. But does that also apply to any one of us who sees it and has an issue with it?
If you see things that are concerning like that, certainly make us aware of them. Thank you.
I do have a question. I think this issue came up when we were adopting policy about town halls, and I just don't remember what we decided in terms of how many town hall meetings were allocated to an individual council member and over what period of time? Do we have a rule along that?
I don't know if I could jump in. I know there was discussion about that, you are correct. I don't think there was a number landed upon like for instance one quarter or something but maybe there was. Really? We'll pull the policy. Give us a moment.
I don't remember. I think we discussed-
Hang on, we can pull the policy. Mr. Hahn, can you pull the policy for us please? I guess I can do it from here.
And if we need to take a look at that, we could also
move on to the next agenda item and then come back to
this. Mm hmm. I think that's the last one we pulled, though. That
was the last. So we would move on to the first discussion item and then. Oh, and then come
back? Yeah.
OK,
we'll hold off on that just once.
Yeah, we'll have to. I mean, even if it were one quarter, it wasn't. We'll just see what it says. something good and just might as well shoot yourself.
Yeah, well anyway let's hold on. We'll move on we'll hold off on that till we get a reading on that um thank you I wanted to say yay for doing town halls to council members and women okay so we'll hold off and come back to that So we'll move on to the discussion item number 11 concept review vacancy in second home tax
And Mayor I'm going to hand this over to our City Attorney Thank You Thank You Ms. Burgess
And so this is, I'm gonna say a partial concept review and follow-up on a council member request. And I believe this may also be as one of the council goals and tactics. The discussion previously was that the city attorney's office and city staff bring back information to City Council regarding the concept of a vacancy tax or second home tax as a potential funding source Affordable housing programs This is not an action item. This is only for discussion But what we would like is for further direction from the City Council You know as to whether you wish for it once I've finished the discussion or the presentation, you know Whether you would like for us to bring back additional information or pursue development of an ordinance and I say that this is a partial response because I You will note that it's the discussion item or the staff report itself is very much focused on the concept of a vacancy tax.
It doesn't really fully explore, or explore in detail, the concept of a second home tax that would apply irrespective of whether or not a property is vacant. So with that being said, with that caveat at the December 2nd meeting the City Council provided direction or information regarding a vacancy tax. A vacancy tax is effectively a tax that the city could adopt that would apply to residential properties as kind of conceived here it would be residential properties They are vacant for some portion of the calendar year.
There are a number of cities, and some of these are mentioned in the staff report including the city of San Francisco, the city of Berkeley, the city of Oakland. All of which have adopted vacant home taxes. I think for each of those cities, and we've provided additional information about this, the tax was formulated a little bit differently, Cities of San Francisco and Berkeley were really focused on residential property, and specifically residential property for properties that include more than one housing unit. So in San Francisco I think the number, it might have been properties with more than two residential units. For the city of Berkeley there was an exemption for four or fewer units from the tax The Oakland tax was worded a bit differently and applied more generally to all vacant properties, including residential and non-residential properties.
And so kind of hot off the presses on September 11th that California Court of Appeal Issued a decision in a case called the Bain versus the city and county of San Francisco. That probably puts the into vacancy taxes that are solely imposed on residential property. And what the court determined in that decision is that those particular types of taxes as applied to residential properties are a violation of the Ellis Act, which is an act or California statute that relates to requiring or not requiring residential property owners to make property available for rent.
There were other issues raised as part of that litigation, especially at the trial court level involving takings claims and also claims related to violations of privacy and the fundamental interest in familial living arrangements. Those were not addressed by the Court of Appeals because the court was able to decide the issue on a state law basis. With that being said, the City of Oakland as I mentioned does have a vacancy definition that applies to both commercial residential and even undeveloped property and so you know attacks like that may be more likely to survive a legal challenge, but we do think that just as applied to vacant residential property only it would be a hard sell for our court if challenged. I note that this difference between the vacant home tax and a second home tax is relevant to this discussion and again we didn't fully kind of vet the second home piece of it Because the second home tax would apply to any property that is not a primary residential or primary residence of a homeowner.
Those types of taxes would be more legally defensible because they do not distinguish between property that's being used for rental purposes and property that's not being used for rental purposes. So you wouldn't be penalizing someone because they had a rental property. It wouldn't matter whether the property is vacant or whether it's occupied part of the year, all of the year, it would be kind of independent of that.
So with all of that being said we are happy to bring back additional information on a second home tax and what that might look like And what the legal justifications or defensibility of that might be. We do note some analysis here regarding Prop 218, and so one thing I would note tonight about the second home tax is that if council wanted to bring that back we could also provide the analysis of you know what the process would be for implementation and whether that would be a tax that would need to be a special tax or a general tax.
So with that, I'm happy to take any questions. But we did want to especially given that this was a topic on your council goals and tactics and it's been raised in a couple of council meetings where we've talked about other issues, but at least the vacancy part of it is probably not recommended given this recent court decision, at least not until that fully plays out in the courts in California.
Yeah. How many? second homes we have.
That's part of the issue that got brought up is how do you, how would you enforce it?
I think the one way there are a couple of ways and so in some of these communities what they have required is that you know there be some process involving homeowner self-reporting also some comparison of Information included in like publicly available databases, like the tax assessor's database and you know in the clerk and recorders office where property records are maintained.
For instance if you have an individual who has more than one property listed or if you have individuals who have You know properties where the mailing address and the physical address of the property differ That might be an indication that it's not a primary residence but so there is some stuff we could do but It I think enforcement does become a challenge Because you have to have some resources set up to help kind of administer that process If the council wanted to pursue attacks like that, I think we could you know That would be something that the city could look further into
I'm just thinking with a lot of people, elderly. You know what I mean? They escape the heat or whatever to leave so how you know it seems like so many things how would you gear it and would it be like an invasion of privacy with questions to ask?
That's part of that first question. It's in the number of days being gone
brought
up.
What if they're renovating? What if they have a medical issue? It's a lot.
Well you also brought up the issue, that question was is it part of the rental stock or not? I think you brought up that question and that's a question for us but anyway let's more questions.
Well I was just wondering did these same considerations apply to vacant commercial properties
Um, the Ellis Act implications do not apply to commercial because that statute is specifically geared towards residential properties. So I mean, I think you know what's interesting about the Oakland ordinance is that if someone were to bring a challenge against that ordinance as applied to a residential property, there could be a similar outcome of what we saw in the DeBane case or as applied to residential properties. That hasn't happened yet but I think it's a possibility given the recent court decision.
0:50 – 0:5711 turns
In the case of the Oakland ordinance, would the Devane rationale invalidate that portion of the Oakland ordinance that addressed residents?
I think it potentially could.
Was just I was just going to say, you know with commercial properties You know We have commercial properties sitting vacant and the rents aren't lowering And so it it would seem like there might that like that might be some kind of Yeah, exactly yeah some kind of you know alternative or
Yeah, I mean we can talk about it during discussion but I'm very familiar with the San Francisco ordinances as I own property in San Francisco and grew up there and live there. So we could talk during discussion about the applicability of the Ellis Act and the applicability of vacancy taxes for residential versus commercial and why they were questioned both for commercial and for residential.
And options for Oakland because I also know a lot about that and how Oakland Kind of maneuvers around things in that way. So there's it can be a very robust discussion,
okay Any other questions? Thank you for that report. Okay, so we'll move on to public comments. I have Larry Stangle please and then don't like
Whoopsie, ouch. We just wanted to trick you. You must have been naughty stepping in. Why not?
Hi,
Larry
Steinfeld, good evening. Hello. And really do, I really do appreciate everything you all do with what I'm going through. I really do understand that. I think it's a great idea to go out, not go out, to charge fees on second homes. I also think we should also do vacancies for commercial property But with that, you also have to go into the ordinance and make life a lot easier so that landlords can actually rent space quickly.
That would stop anything. A lot of the cities have varying rates from 2,000 to 3,000. San Diego was looking at 10,000 And I think if you're going to do this, what target are we looking at? Because the cost of doing it has to be added to the cost of the actual money. So if it's 500 per home, 300 homes, $3,000, a million dollars. 300 homes, 10,000, three million. What's the cost? I think it's a way to avoid raising the sales tax and avoid raising the TOT because let's face that they don't vote and that's probably the low hanging fruit. Don't want to like it but we have to maintain our streets, our police are this and they're not here even though they are paying some property. So please push forward and see if you can improve the commercial information.
And keep going, thank you. Thank
you, sir. Bill Miley please?
Hello. So what's the object of all this? More money or more home, more housing. This is like a side thing. What's the second home tax? My emotional comment is it sucks unless... It seems irrelevant unless the second home is vacant. There's not really a second home tax. People own homes and rent them out. They're second homes, third homes. I think the message would be second homes that people are vacant and come and live in as a second home, third home. Okay, seems they're wrong. Okay.
Basically American Community Survey every two years shows that Ojai has about 10% annual vacancies. 3300 houses with 330 homes that are vacant. Used occasionally probably second or third I have a suggestion. It seems like the legally binding vacancy tax is questionable. San Francisco got it defeated. In Colorado, there was a mountain town that did it. People moved there, became permanent residents and kicked the council out and did away with My suggestion is much softer and friendlier.
No vacancy tax is enacted, but it's considered publicly and decided against. Since the purpose is to make available more housing, it is likely the rental prices of vacant units would be really high and most people couldn't afford it. Okay so my idea create a voluntary option program Each vacant homeowner would be asked to consider voluntarily donating money to a housing fund we now have through HEPAVOA.
They would receive an annual letter from the city and the chamber describing the challenge of having empty houses in a very tight rental market, purchase market. The homeless, homeless and now homeless population. City efforts to create permanent homeless housing, affordable housing. The need of housing, having housing funds to help out and the help of OI does that.
So what drove the consideration? It's all negative energy. It's like, shit! I'm going to move out of this place. This is not good. So a voluntary vacancy donation would become a positive, good-feeling endeavor. No one is forced to donate. You are encouraged to contribute knowing that the benefits of your gift are the city, the homeless people who are about to lose their homes.
0:57 – 1:0411 turns
Thank you, Mr. Miley. No, that's okay. We got to move on. Thank you sir. I know. I know, I know, I know. You know and I know! Chaos ensues if we give more time. Thank you sir. I need a cramp please.
So I would like to thank the council for considering this, and I hope you can find a path forward with it. And the vacant commercial property is a great idea. And I do have to comment that I don't appreciate my motivation for a previous comment being attacked by a City Council member. And I would hope that in the future when someone makes a public comment and someone at this dais Goes after that person and makes comments on what they said, that someone will intervene and stop it because it's just not right. The person has no recourse at that point to say this is not a personal attack. This is about election integrity, the very thing that the town hall is set to be about. And it's separating campaigning for a seat and being in a seat. You have much more power than someone who is not in a sitting seat And so I also think that there's a simple solution if they come back and say that, you know, this is a campaign.
Mayor, I'm sorry, this is public comment. You
allowed
her to do it
to me. Hold on. I know you're
trying to respond now but I'm asking for this item. Point of order. There's a different priority for council people than public.
Okay, I would just say I apologize as I mentioned motivation really should not come into play at all and that was my mistake and I
apologize fair enough Thanks, and that's it the last public comment card to have on this is there anybody online? No mayor no raised number 11, okay All
right So I'll I'll jump in go ahead You know, I think The biggest issue that we can address here is oh, you know so we got a bad. Decision should we give up this idea? And my thought is no. Um, we should uh, my thought is that we find some community. That has an ordinance it's working. That has faced a challenge. And successfully and that we look at ways to, you know, my idea about this tax would always be the raising money.
To address issues of housing affordability or. Or, um. You know, workforce housing or those types of things because what I've seen in my own neighborhood is that there's a whole bunch of houses that are owned by somebody who calls some other place residents. They're occupied less than 50% of the year, usually by a pretty good margin. And that home would be better utilized by Ojai resident, and we can't control what people wanna own or whatever but we can look at ways to raise money to offset and address that issue. So my biggest goal in this is that we not become a community of visitors, that the people who live here call this a residence, call this a home are helped by us to be retained and maintain their home here in Oahu.
Thank you for that.
I had a, I have a similar thought. I have a similar situation people that live right next to me are there one weekend a month though we probably all have some version of that. Um, I'm with Mr. Miley in this regard when I think what is the goal? And if the goal is that there's more affordable housing I see that this we're not suggesting necessarily and I didn't tell me if I'm getting you wrong Mr. Whitman, it isn't that this tax is going to get these people to leave and someone else is going to buy it but you're just generating revenue to go towards this effort because we can't control who buys or if it becomes a rental.
So I just don't know. I hope, I know we're not saying this is an either or conversation. I do see this effort as long and difficult and uncertain versus other things that could be more concrete if it were anything approaching either or but those are my thoughts.
Yeah, I have some. I think that there's something here and the concerns that I have would be we have a lot of people who own second homes as rentals and they rent them out at fair prices so that people can afford to live here. I would not want anyone with those kinds of situations to suffer Or to be penalized for trying to do something good. I have a neighbor who has housing inventory and that's what he does, he rents to families at affordable price.
I would be interested in looking at the commercial properties mostly just because there is an issue with commercial properties sitting vacant because the prices are too high. And and that, that could be something. That and then there's like no wiggle room and that keeps the prices of. Of entry untenable for residents of Ojai who want to start businesses? So I'm interested in looking at that. The other thought I had was.
Instead of, if we were going to table the idea of a second home tax or vacancy tax then another option would be to do a document transfer tax. That would be like a certain fee that people would have when they're buying a property. And we could even say, like a property over a certain amount of money. And so that was another consideration that I just wanted to, it's not on the agenda tonight but it's something that I was thinking about if we decided to go in an alternative direction.
But I think that there is a need for us to, or it is valuable for us to look at how we can keep our houses in our neighborhoods from sitting empty when people are being priced out of our community.
1:04 – 1:1012 turns
Yeah, to me it just seems a very complicated way to get funds and enforcement. And there's a high probability of really causing people some red tape trouble. There's a lot you'd need to figure out. It would be a deep dive for each person really we have to assess. Does their family come here for a certain amount of months, a year? Does that count? I mean the questions that you would have to analyze are huge. But I will tell you what Oakland does.
Oakland has, for anyone who rents, who is a landlord, you have to have a business license. So you have to pay the city a business license fee. And then they have an RAP tax, which is a renter's assistance program tax and you pay a certain amount of money for every unit that you have. And those are just things that come out every year. You get it in the mail and you pay it. That's also potentially a fairer way because people are making money in renting And it's asking, you know, it seems to me to be much fairer actually and much easier to implement. And I'm just saying that that's what Oakland does and they seem to be very happy with it.
They get a lot of money.
Because I was actually thinking on the enforcement side, a database, some kind of database of who's renting would be useful and maybe necessary to see if there are any problems. So that seems like it'd be interesting.
Yeah, and a lot of this is anecdotal. And I have a problem moving forward in ways that will be systemically complex for anecdotal sort of evidence. We don't have numbers. We don't have hard numbers. We don't know actually what we would get from it. And it would be hard to determine in a way what that would be. It's complicated, whereas you know, a business license and an RIP tax is not quite so complicated.
Yeah, and it hasn't been my intention that we would create a tax for somebody who owns a home that they rent and is somebody's residence. I'm thinking about the home that has nobody as a resident. And it also has never been my thought that we would be creative and going our own way and test the courts as to what we would do. It's always been my thought, let's find what somebody is doing successfully and see if we can implement it here.
And just, you know, I agree that it would take thought to decide if we want to like if we were going to do a tax on rentals. If we wanted every rental, I think Oakland is two or more. So you could say that having one property as a rental or you could say even having one property as a rental but I'm saying there's wiggle room in there for what you actually want to do so if you have If you have two or more rentals, maybe it's more reasonable. I don't want to cause people that are honest and true in what they're doing more difficulty making that more difficult for them. That's not the idea.
or potentially raising rates among renters like having that be passed on to the renters. Although we
have pretty strong, I mean yeah and they're going to go to market rate regardless of what we charge them if there were gonna go to market rate when somebody moves out right?
Yes the question I want to ask I guess to Mr. Whitman would be something like if we are gonna tax Or request the city attorney's office to do that kind of research. Is that the best use of their time? That, I guess, is what I was trying to say earlier versus something else to get you to the bottom line which is more housing here for our residents. That's the question.
My attitude towards quote-unquote poor housing is that our issue is not having enough structure. It's housing, it's housing that is available is not affordable and so how do we address
that? I'm not disagreeing with that. I was saying more houses available for residents to move into one way
or another. Well you know that that's the goal is that if somebody wants to be a resident they have Especially the person who's being phased out of a residence because the owner, you know, I'd like that person to have the opportunity to stay in some type of affordable fashion. Continue our community as much as we can. So that is certainly a... Okay, so the question being what is our tolerance for attorneys fees searching for a solution that may or may not exist?
And I guess we have to, my response to that would be look to the city attorney and say maybe what we need is a budget report on what would be a feasible, like a not-to-exceed project of... What happened?
Oh. Okay. Ms. Burgess it's okay.
1:10 – 1:1622 turns
What I was gonna say is what we could do is we could, you know, I can kind of circle our affordable housing wagons or workforce housing wagons within our firm and we could bring back some sort of a, I'm gonna say a proposal if you will. An agenda item for future discussion that looks at some other alternatives without doing the deeper dive and provides an estimate of what it would take to do an even deeper dive Would you
mind including the commercial as well?
Yeah, that would be interesting to see. Yeah we can definitely do that.
And then just a final point and I think this has been mentioned but it's important anything that we would decide to adopt Would almost certainly have to be voter approved. And so we would be getting the buy-in of the community, and the idea is putting something in front of the community that they will want to
support. I agree it would have to be a valid issue. Of course.
You know, as the city manager and his senior staff and I we meet to talk about upcoming agenda items. And you know this was already scheduled on the working agenda before we got the de Bain decision on the 11th. And so the city managers, he asked, he said well what do we even do in light of this decision? And I said well I think we need to go ahead and have... We'd already done a lot of research We'd already put together a confidential deeper dive memo for the City Council, but we needed to have some conversation with you because while we see one door may have closed it doesn't mean all of the doors have closed.
So so we wanted to go ahead and at least bring this to you to get some direction on where you wanted us to go and which other things you might want us to look into. Is that
sufficiently clear for the next step?
I will, we will probably go back and listen to some of the discussion again. But yes, I think so we can we can bring just minimal Yeah, we can bring back something for City Council with a little more You know a few more a few other options and not just these two options
Could the document transfer documentary? We could add that to it. Thank you
You know, all always anything that bubbles up. Yeah, I mean, I think it would be helpful to look
at some of
these other
options
that have been
raised. OK,
I just want to just I remember when I was in San Francisco, I think it was the ninth Ninth Circuit Ninth Circuit of Appeal Court Justice Supreme Court Justice Breyer's brother was on it and there was this battle between how much money you had to pay out to renters. I mean, to to move Right. So essentially what this finding was, was that you could not hold owners responsible for something that they were not responsible for i.e., a shortage of housing. That was how it played out is that if you are going to do this, you are going to be penalizing people, individuals when it was a societal ill that they specifically had nothing to do with. So you might look for that too.
That's certainly a factor that was evaluated by the First District Court of Appeal and the appellate decision on DeBayne Because there's a you know, and there were actually findings Adopted by the city and county of San Francisco in their in their vacancy tax ordinance You know that indicated that it was really intended to be a punitive measure against property owners who had who basically kept Vacant or housing vacant. And so there was I mean, the fact that it there was this punitive language in those findings from the city from from the legislative body was a factor that the court considered. So that's I mean, that's certainly an element of what they're looking at when they do an Ellis Act analysis.
Yeah, I think it's a deep- yeah the Ellis Act says that you can take your property off market. That is your right to do so if you want to take it off the rental
market. The principle is we can't penalize a property owner for doing something that they're lawfully infringing on. It's very
complicated.
Okay, so is that sufficient to move on? Okay. We should go back to item number eight and we've been given the policy and I looked at it on the Madison AI as well. Am I correct in looking at page 205 rotation offer each council member a quarterly slot for city-sponsored?
So Mayor this is under the guiding principles section. Yeah. So I think it's important just if I could just read this. Yep. It says guiding principles If city resources, staff, live stream, branding, security translation etc. are involved Council should weigh in or the Mayor City Manager should have clear authorization to proceed within adopted policy parameters and then it goes down to scheduling and rotation and it says under rotation offer each council member a quarterly slot So it's interesting, it doesn't say there shall be no more than. It simply just says each council member shall have the opportunity for a quarterly slot.
It also says that you know it's recommended minimum of six week lead time for planning and promotion. This is this is a policy that these are guiding principles like we always try to do if Council gives us direction we try to accommodate it.
1:16 – 1:2135 turns
Well, it depends on how you measure it.
But I think if I could just jump in and just, it just says offer each council member so that's the important part. It does not say no more than. It does not say each council member shall only have. It just says offer. So to me when I read that means everybody here if you all wanted to should have a ability to have one each quarter if you elected to do so.
Maybe one easy way is, and I'm not trying to make a presumption but if you were to take a co-sponsor like myself or somebody else and say oh we're jointly doing it together seems to be the problem.
And I agree and my you know, I do want to get an answer to this because I truly want to know if I did indeed. I want you to look at it. I want your election attorney to look at it and tell me if it crossed the line or if it didn't because I do want to know but the easy solution would be just have someone else do it and or do a co and so that I mean the most important thing is that we do it. We have him confirmed he doesn't care if it's me or if it's somebody else and I don't think anybody else does You know, and I don't really.
So I'm perfectly fine too. I just want it. And that's it. So I think that there will be solutions if it finds that I wanna know and I'm happy to also take a second person on with this as people saw when I did it myself. I couldn't read the handwriting. I was getting confused with the cards. I didn't know what case he wanted. It was just like... It would have been better to have, although staff has offered.
Again they did step in at the time and they offered to like step in at the very beginning as well to support me in this so- Yeah we're happy to help. I know and I appreciate that
So if we determine that there is an issue, I think it would probably need to be a different sponsor. And I'm fine with that. So
that would be an alternative. I would be fine with that. Absolutely fine.
But the date is set.
The date is set, the time is set, the person is set... What's the date? October 14th, Wednesday. When's the October 14 from 6 to 7 30 it's confirmed so
So I just, I have a question. You have one speaker planned?
Yeah it's just Eric and so you know it's really, I mean with Sheriff Fryhoff I think that it was enough and I want the public once again to be able to ask questions specific to them. It went by very quickly. I don't think anyone was bored.
Yeah one speaker. And I'm just wondering based upon the way the session has been framed If you might consider volunteering work for Chief Abbott, that he might talk about law enforcement's role in ensuring the integrity and safety of
our- Well, in fact Sheriff Fryhoff did speak to that. And we have the answer which is they will not engage with any federal enforcement. I mean, that's on tape. You know, that's on tape. So we could have and I'm not saying anything, but that was a specific question asked, you know what? Just
getting into the thing we need now. But yeah, OK.
Yeah.
OK. And that can be. I'm happy to have. Yeah. I mean, the question was answered by the sheriff.
And Mike, we can talk about this
later. Yeah, I'm happy to widen this in any way.
But the decision in front of us is to proceed I would like Consent item. All right
based on the On the analysis. Yes,
it
is that with a co-sponsor? Is that with a?
If
required a
cosponsor sponsored by or a sponsor change.
Yeah, I'm sorry, right It will either be me or I will be not me
Are you wanting it to be a good spot Okay, so I'm proposing that we proceed that we accept item number eight pending the city attorney's analysis and that if the analysis warrants it that there would be a sponsor.
And we can, and it could even be that if the city is sponsoring it doesn't actually have to be council led. That's true. That's the other option is that it could be something that staff supports without a council member moderating.
Yeah, sounds good. So the model, we can determine the model based on the answer.
But if we determine there's an issue, we'll make sure to let-
For
sure,
for sure.
Anybody wish to second that?
Second it
okay let's do absolutely mayor councilmember Whitman.
1:21 – 1:2510 turns
Yeah so I would support if it was co-sponsored and or city staff led would support this.
I think we're at the vote abstain yes or no? I'll abstain. Okay.
Roll-call vote Passed 3–1 · 1 under review
Show transcript
Okay, moving on. Yeah go ahead. There's no need to talk about it
anymore. I would like to know reasons though.
Not now. Let's keep going.
Alright not
now. Please let us proceed okay we're on item number 12 fourth of July celebration Yes, and
thank you Mayor. Before we begin Mr. Montgomery are you able to find Ms. Rivera in our Zoom participants and promote her to a panelist? Ms. Rivera is at a conference today that she is watching and I need her to be present. Ms. Rivera's not present She says she's watching. Maybe you can work separately and see if you can get her in there, and I'll begin this item. I do want her to be available. Do you want me to do something else
first?
No no okay we can move into this Christy. This is a great resource on this item and I want her to be available for questions. But no, we can jump right in. This is just simply a concept review this has been out there being discussed for quite a while and really it's what to do about the 4th of July. There's been a lot of discussion at the council and on the community level as to what the city's involvement should be or should not be in the fourth of July Currently, the city has a limited role in the Fourth of July. We're not involved in the organization or the fundraising or the procurement for the fireworks or the parade. We do some activities that are ancillary. We have a barbecue. We have activities in the park. We participate in the parade but we are not the organizer.
We are not the sponsor of the event. There have been concerns and questions about this because of the issue of fireworks and fire safety, impact on animals, impact on air quality, impact on noise pollution etc. Of course conversely there's also arguments about tradition you know the fund that comes with that Alternatives are available in the form of drone shows. And if you've seen some, they've changed significantly over the years.
There is a significant cost in either sponsoring a fireworks show or procuring a drone show. Either one are very expensive and we'd have to come back with some estimates for you. There's also a significant lead time associated with either one. Of sources, as you might imagine they book up very quickly. And so whatever the discussion and decision is it's probably realistically not even this coming 4th of July is probably a later 4th of July if you want to make a change simply because there's a very long lead time involved with these types of things also If the council directed the city staff to take a greater role, we would you know need to be prepared for that be organized for that.
We would want to come back to you and talk about what that might look like whether we can absorb it as is or needed additional resources etc. So this is a jumping off point and I see Christie Revere is with us thank you Miss Rivera, Christie all caps anyway she's very involved in this and can answer questions as can I and I'll turn it over to Council at this point thank you
1:25 – 1:319 turns
The tiniest little point, I did look up. It looks like the last time the city contributed financially 2017-18 there was a $3,000 grant and the 4th of July committee I didn't. Anyway that was the last time. You took a little diggy but not since then.
That would be a small contribution. Of course. I would imagine the fireworks even then were probably $30,000. Yeah I believe the budget is
60 at the moment. Right right. Any questions for staff before we go to public comment? Okay, I have, it looks like maybe it's Jodine Hammerin. Thank you, please come up and then Bonnie Patton or Patton, thanks. Hello.
Thank you for turning up with the... Oh, you mean the temperature? Yeah, so anyway, You know, I'm on the committee. Thank you. I've I'm on the committee. I have been for the last few years since I moved back actually five or six years ago. I love the Parade Committee, and we do a great job. We've already had our first meeting for the next 4th of July. We meet once a month until it gets closer and then we meet starting I think in March and April and May and we go every week once a week so anyway but all I know is I've been hearing about talk of a drone show.
Let me just tell you that I was getting my car worked on at Ojai Imports, this was not this past 4th of July but the year before so it's been almost a year and a half. I was talking to the guy who gave me a ride back to my place while my car was getting worked on and we were talking about 4th of July because it was nearby or just passed and he said they do a drone show in Santa Paula And it was not good. It bombed. I mean, people were walking away.
People were leaving their lawn chairs with their kids and they were walking away from it. Plus, it's way more expensive than a fireworks show. I do understand about the animals and also the fire concern, but there's never been a fire in Ojai since we've had the fireworks show. The animals, people just need to keep their animals secured. That's that. But all I know is this one night, and it is tradition to have fireworks, and I just don't see the point of going to a drone show. It's gonna cost way more money, and people are gonna walk away. Okay, that's all I have to say. Thank you.
Thank you very much. Bonnie Patchen please and then Terry Wright.
Yeah, I know we can adjust
it.
Thank you. I'm a little short. My name is Bonnie Patton and I am the chairman of Ojai Independence Day Committee Incorporated. We are incorporated. This is going to be our 65th year of putting on this event free for the people of the city of Ojai. We are memory makers. How many people come back every year for this event? Thousands, thousands are here. Every restaurant, every business really reaps a lot of benefits from this.
But most importantly it was started and I am passionate about it because my parents were also chairman, my daughter's been chairman, I've been chairman twice now two different times Currently chairman and it was started really to celebrate our country, to give the city something special on the 4th of July. So believe it or not, the fireworks used to be shot off at Sarzotti Park when I went out when it was first started. Believe that's kind of like well.
But, you know we've been doing this for free. It's all community donations and one event feeds the other event so our free concert that money helps us pay for the parade, the parade helps us pay for the fireworks and it all just rounds out. So everything is incredibly important. We've not had my son's a bit of pyrotech he's actually shot the show many times We just want to keep it.
We're just asking for, hey help you help us with Caltrans permit why not help us pay for the Caltrans permit? Just we're not asking for a lot or just asking for a little bit of support but we wanna really continue doing what we've been doing And we've done a great job. There's 12 of us on the committee now, we were down to four, we're back up to 12 and it takes, we're all volunteers so you're getting something for free for this city that's a great asset.
We're voted the number one event in the city of Ojai. So and Christy is bringing back the picnic in the park, which is wonderful. So we just really are looking for to stay the same. We want to stay who we are and do what we do and just have a little bit of city support That's all. We're not asking for anything else and to keep the fireworks, of course. So thank you.
Thank Terry Wright, please. I know. I know it's tempting, but hold on. Terry Wright, please. And then Kimi Frye and anybody else. Hello, sir.
1:31 – 1:3712 turns
Good evening. I haven't been to a City Council meeting for a long, long time. It used to be over on the other end of the
building.
Anyway and I used to live in the city. I do not live in the city now. I live in Miramonte but I am part of the team, the committee and my only real question is why would we want to change anything? It's been working very well for many years and we should keep it going the way it is. Certainly the city's not gonna want to put in all the money for whatever other ideas, drones or whatever I wouldn't think so though.
And as far as the fireworks go and the safety of it you know if the fireworks weren't going on and getting all those people to come to Nordhoff to watch There would be more and more fireworks going off all around the city by the people that are gonna do it on their own. They can get the fireworks, and they'll be shooting them off all over. We have that anyway, but there'd be even more if we didn't have our commercial fireworks. And it's very safe.
We have the fire marshal there, we have police there. Never had a big issue, no fires. But just my theory is if it's not broke, don't try to fix it. Okay? So thank you.
Thank you sir. Kimmy Fry please and then Abby Smith
Hi, thank you. I am grew up here in town. I've been going to these events for over 50 years have been involved in these events. I'm now involved in the committee as everyone has said we have had no incidents involving fire or anything else around our events they all feed each other as Bonnie said we are all volunteers if the city decided to take this over you would have Higher.
So that would increase your cost significantly, so that is also something to consider. I really don't have much more to say other than I do believe the Ohio Valley News took a poll and the poll with 60 plus percent said that the valley wants fire. So the city's kind of already spoken. I think it's time we listen. Thank you.
It was 56.8%. Yes, just to be clear Abby Smith please. Oh no no I've just clarified.
Hello. Hi, I've never been to a City Council meeting before and most of you not all of you have no idea who I am but I was born in the Ojai Hospital and I have lived here for my entire life. I went to Nordoff and I've been to all the fireworks shows since I was a child and something that really stood out to me during this meeting was council member Lange when you were talking about the integrity of keeping Ojai small and emphasizing small businesses, and the importance of what makes Ojai special. There's not very many small towns in California. And there's not very many small towns that still have small town feel but in a way that's also successful because Ojai continues to thrive.
And so I just really feel like taking this part removes part of what makes a small town a small town. I mean, I don't know a single small town that's doing drone shows And I think it's already been said, but drone shows are just not fun to go to. And I don't think that that would benefit the city whatsoever. So I just really encourage you to consider the integrity of what makes a small town special.
It's not just about tradition, but sometimes Progress doesn't guarantee success and it doesn't guarantee that it's improving So I would just encourage you to consider Our small town what makes it unique and special and consider the people that have been here forever And really look forward to this every year. Thank you.
Thank you for being here Anybody I know guess yet anybody online no one on zoom there, okay
I'm going to make just one comment first. Sure, go ahead. And that is I think that the volunteer organization that has been doing the fireworks and the parade deserve that we should do one of those resolutions because they've been doing this forever and they've done a fantastic job.
Thank you for saying that I was going to say not only a resolution, but I'd like to actually contribute financially to the event. The question this is for the chief actually from my perspective and from hearing from reading some of the comments there's the night of the event, but then there's the fireworks that people shoot before and after and they're with what we saw on Fourth of July grand jury report, that was one of the things in the paper also reported on that. So I guess in one way to respond to the concerns that people have with their pets and all the other concerns around that.
One thought was, could we actually beef up enforcement adjacent to the 4th of July? So a few days before and after that we actually beef up more like. And I get how hard it is you hear something and you don't know where it was shot off. And many of us grew up here and we did fireworks in the street and all that but if there were more sheriffs out I hope that would help. So I don't even know if that's possible that we can initiate that.
It would be possible to be expensive and staffing challenges, we'd probably have to bring resources from outside and essentially create details. Yeah. Just trying to think of how to
help because it is a concern
1:37 – 1:4418 turns
I agree with that concept for a couple of reasons, because I think the noise in your neighborhood when somebody lights off something big is an issue. And of course whereas the fireworks being set off at Nordoff has a certain amount of fire control in the middle of our neighborhoods that is not something So, if an added expense to be more strict about enforcement.
probably improve the fire safety of the community. So I would probably support, I don't know what exactly I would support but I'd support spending some money on increased enforcement.
It's actually from the report out that we received it with somebody who knows how to operate that can be very effective. We do have our own drone here at the city, it's a possibility we could look at.
I guess the interesting thing that I would like to ask is just a proposal that you think is reasonable? If we were to supply this, this is what it might cost the city.
Yeah, absolutely. We can work that up. Yeah. A little game plan together and approximate costs.
Just to see.
It's doable.
And maybe we would say it's too much. You can't do it. Absolutely. Other thoughts? I guess it's not for tonight but I would consider you know to look at our budget.
Sure.
That seemed like it's one of Ohio's signature events and if they're not involved then
Sure, we could bring back a future agenda item that addresses some additional enforcement and some options and the cost for that. We could also reach out to the committee and say what would a meaningful contribution be from the city and what could it possibly cover? Maybe give you some options in that area.
I don't know, too, if a thought would be to reach out to the Ojai Valley because I know they have a wonderful Fourth of July day and everybody pays to sit on their golf course to watch the Northern Lights. Maybe they would think about getting help with feet.
We always can
ask.
Are we not discussing whether or not we're going to do a drone show? I think that, you know as much as I love the tradition and I understand but it was a time when bombs bursting in air was a cool thing And bomb bursting in air are no longer a cool thing for our pets, for our animals. And for me especially I don't enjoy it at all. Bombs bursting in air is not a cool thing, and I think we've heard from a lot of people.
For me it's mostly the animals. We know it terrifies them. All of us... My dog now could care less but my last dog shook for two days and didn't want to come out. And it disrupts the entire nature ecosystem. Birds go out of whack. I'd love the idea of tradition and small town, but at some point we have to say there's a different and better option. Santa Paula might've done a drone show terribly, but if you look at some drone shows they're amazing. You tell stories. You could tell the Ojai story in a drone show. You can do anything you want. May
I just ask? We just can't hear when people are talking. Please
welcome to go outside. And I want to appreciate the tradition. I do, I want to appreciate the tradition but I also want to say that at some point the future catches up with us and there is a better way. And for me drones are a better way. We've been hearing about this for years about the public wanting to move away from this and in fact most towns are moving away from this And it's not because they don't appreciate their small townness. It's because there's a better option in a lot of people's minds, potentially not everybody's minds but in a lot of people's minds there's now a better way and that's I mean we've gotten public comments all that we've heard from the written public comments. We've heard from community people who have been working on this for years so You know, I just I am supporting moving on.
I
appreciate that. Yeah. Guys, please. Thank you.
I have one of those PTSD dogs and I also have a friend whose dog ran away at the last 4th of July event so I and I also know that there are environmental hazards with the dust and debris and particulate matter from fireworks You know, I'm torn because I love the tradition of going to see the fireworks and I love the tradition of having the whole day be filled with all the work that you all have done with the parade and then all the events.
I'm wondering if there could be some kind of a hybrid situation that maybe we look at a transition when there is a better option for drones or that we see if there are Fireworks that aren't, that don't have as much noise or don't have as much impact. I think that there's, and may agree with what Council Member Rule said, that a lot of communities all over California have decided that with the fire risks and with the harm to the wildlife that we need to be moving on.
And while Next year 2027 might not be feasible because of the expense of the drones or because of the planning that would be required perhaps there's some kind of Alternative of a hybrid situation that could meet in the middle
1:44 – 1:5227 turns
Yeah, so I went to her This 4th of July. I was in Carlsbad, New Mexico they went to a show that was paid for entirely by oil companies. And they did both fireworks and drone, and they kind of interspersed it from somebody sitting on the sidelines I was most impressed The lightning was happening about 30 miles north of town. But I, you know the fireworks are far more impressive than the drones.
I think that our committee who I'd like to see still in charge obviously they're interested Funding the fireworks show. So if I bet they go along with the idea, if we wanted to look into funding a drone show as like you're saying a hybrid thing too. See how the community responds to that. But I would only support that after seeing how much it would cost the city to do that.
You know, and I'm not enthusiastic about it but I absolutely do appreciate that there's a certain amount of trauma That goes into not just our pet community, but I think that there's people who are fragile who experience that too. But I'm not quite at the point of not going forward with what our community committee is doing But I think, you know, I think persuasion to change go in a different direction would require the community to see this and say like in order to do that.
We'd have to make an investment of city money in a drone show and then get feedback from the community if you want to make a change.
Just to add to what you're saying, it seems that there would be the investment in the drone show cost and an investment in some staff At least, now they may have changed but I believe the position was if you guys, if the city would like to make a change they're happy to step back but we would take over the parade. The 4th of July 3rd concert and show so it would be, now that's still the case, I don't know why that's what I believe the case was.
So it's a big ask, not to say we can't do a demonstration on our own. But I believe it would be something we would have to do that they wouldn't unless they came with a message. I'm seeing Mr. Harvey Sheik said
yes. That was my understanding, right?
Yeah. And I have to agree with the Fourth of July Parade is one of the best things about it in my opinion. You're either watching it or in it pretty much and you take turns each year So it feels to me that, in my opinion, the time is not right to make a big change.
OK. I mean, it's going to be the vote that it's going to be, you know?
And this is not a decision item tonight. This is only a concept. Yeah. It was good to be deciding
whether or not do the
review.
Well, OK. Can we can we can we direct staff? I'd like to make a motion that we direct staff to look at the pricing for a drone show and And explore options for a hybrid model for 2027.
No, I'm sorry. I'm sorry. Yeah,
no we consultation with the committee they've been doing invested $3,000 since 2017 and we have it say like to take something that they've done
I'm not talking about taking anything that there that there I'm not talking about about Taking anything is done or I'm talking about Let's look at the price for how much a drone show would be And let's, let's get an estimate for what it would look like if the city were to do a drone show. If and perhaps that could be talking with the committee working with the committee and just seeing what the potentialities are but let's get some information.
Yeah, I'm okay with that as long as there's a component of the city manager going to the committee and saying would you be willing to do let's call it a demonstration drone show But if they're opposed to even a demonstration, then I guess
it's going to come back to us. And just so the audience is clear, the proposal on the table is not to do it. It's simply to ask the staff to investigate, look at costs, work with the committee. So it's not changing anything, it's investigating
costs. Right and yes exactly. To do the research.
Sorry to interrupt there earlier in the discussion, there was talk about having the police chief return with some enforcement as well. OK, I want to make sure that I'll
include that in my proposal and
am I forgetting another? Yes. Contributing financially. OK. Thank you. And
also to the
committee.
And, you know, I would also like a pros and cons like there is scientific research around Bombs bursting in air. I mean, they are doing studies now to find out what exactly the level of trauma actually is and I know it's easy to poof-poof because we don't see the birds that get lost and we don't see the animals that go crazy. We don't see any of that But we know that happens, and we know that there are studies around it. And I think that it's a valuable piece of information. Once again, I'm just speaking anecdotally but they're doing studies now to find out exactly what happens to the environment around you when you do that including air quality. So I would like to see some of that too so I'm not sitting here just kind of blowing in the wind.
Well maybe
if I could just offer a suggestion here. The fireworks show does take place next to the meadows Which is, you know, controlled by the OVLC and that is habitat. I'm sure that they have some at a minimum they probably have observations as to the impact
They might, I mean some people do. There are cams around. I don't know, I just would like to really be able to speak from a position of the science. What does the science say and are we willing to weigh that in? We're
willing to bring back whatever you guys want but that just might be a thought that we could consult with.
I would just suggest what's being proposed seems feasible and not too difficult. A scientific study also seems difficult. I'm
not asking for a scientific study. I'm asking for a literature review of
potential science. I mean, it seems time-consuming.
1:53 – 2:1011 turns
You know, well if you want to make an informed decision then you make an informed decision or you say it's just a matter of cost.
Which is why I was also just suggesting maybe we can consult with OVLC and say hey have you looked at this? What is your assessment? You have habitat that is impacted by the show each year what has been your observations in your findings?
And potentially we could check in with the Raptor Center. They might have an idea as well because it really is about birds, you know? It goes up into their space and it blows up in their space.
So let's have a restating of the motion.
Okay, so I'd like to direct staff to research costs for drone show. To talk with the members with the committee, thank you and see what kind of hybrid if there is the potentiality Arrangement this year and to return and to ask and to To have the chief look at enforcement measures and then to return If
you don't object what a financial contribution.
Yes, exactly a financial contribution from the city
Yeah,
and any other additional consultation regarding the impact of the OVLC and the Raptor Center? We can bring all
the yeah, okay. Let's do that Yeah, that would be a part of the pros and cons That will be a private part of the yeah the pros and cons of it Yes price of everything value nothing is that okay? You got that? Okay. Yes. It is great Thank you. Thank
Roll-call vote Passed 5–0
Show transcript
thank you all for being here feel free to stay or go yeah at your discretion um actually we'll take a great we'll take a five-minute break and come back Ready. Check, check one two. Mr. Montgomery are you good? Okay, thank you. Returning...
2:10 – 2:176 turns
Okay Mayor we're considering the concept review train that we have going here this evening. Yes thanks. And now we are on 13 which is the Soule Park potential interest concept item. Just brief background this also has been something that's been discussed quite a bit since I've been here hasn't been forever but in the last three years i've heard a lot of talk about what How could Soule Park be better used what you know, could the uses be could the city Take over all some a portion of it from from the county Etc. Etc. Some background this council knows we do currently rent excuse me lease a portion of Soule Park from the county for pickleball court and That's about a five hundred dollar a month fee. We pay them on top of the investment that we made to build the courts itself.
You know, the county when we've brought this up with them previously their interest sorry the reaction has been one of interest that they would like to talk to us about this. It is a challenge for them. Their Parks and Recreation Department as you all know does not receive a source of funding from the County General Fund and they have to rely on fees And so that's why previously they've come up with things that were not very popular, like camping.
Just because simply they're trying to identify ways to pay for that operation. There's a ranger out there, there's irrigation expenses, there's maintenance expenses etc., etc., etc. So and this is within city limits as you all know. So this is kind of a constant thing we hear about and what are you guys doing with that park out there? Well it's not our park.
So on and so forth. So we would be happy to start this conversation formally with the county if the council is so directed, and happy to take any questions.
Any questions? We'll move to public comments. Brian Akins, please. And then Larry Stangle.
Hello, Brian Aikens acting as an individual who was called at 20 to 6 to see what I was talking about tonight. So I hopped in the car. So Sewell Park is something that's near and dear to our family. My parents' grandparents moved to the valley in the late 1920s. Her father was born in Fillmore in 1925. I met my wife and came into that family, that the fun thing was going to Sewell Park each year for a family reunioning and getting to meet the in-laws.
I also have a certain affinity with the rocket ship that's there at the park because when I was a young boy they built a new park and they brought in a rocket ship it was you know that time frame late 50s love the rocket ships So near and dear, I've been talking about how long. I've been in same conversations the mayor was talking about building the bike path to go into Sewell Park months before he even thought about joining the city council so when we're doing Brown Bag. So long, I'm all for that.
I live on the far end but I've ridden my bike and to be able to go on a bike trail, I mean the bike trail ends right there at the main society it's sad. It's really sad for such a nice thing if it could then go further on that means you don't have to go out on the Ojai Avenue try getting across that street putting stirrups on So. The is a great article that.
That I was given how so part happened by Jerry Crary I think it should be a part of the packet on going forward you can talk to bill and find out where that came from the souls actually came to the valley in 1873 that's when And so they came here. But the thing I think that was most important that I want to read, it was not nine of us, the daughter who carried the family business carried out mother's wishes that no encumbrance of any kind ever be placed against the property. Offer after offer fantastic in price came to them for the sale of a ranch for subdivision purposes but always the same answer.
This beautiful spot will never be subdivided. It will remain as one piece for the people of Ojai to enjoy, as we have enjoyed it. And that's important to you all. That's important to me and yes not being taken care of. And I know that. Thank
you sir. Larry Stangle please and then Bill Miley. Hello?
How many acres is the golf course part of this, or is it just the park? Just the park. But they're both within the city? Correct. So we get a sales tax from the golf course? Just talk. Okay. Well these are questions. Can we get the cost of maintaining the park from the county just so that we understand that this is going to become a permanent line item And otherwise, we can also use maybe their maintenance yard for our public works.
Yard because we're not going to have one really and also the other activities that we can also Yeah, have at the park like baseball fields and soccer fields and what have you. So all these are going to have to be maintained and maybe they can be taken over by the organizations that run the baseball and run the soccer so that we don't have a permanent line item that's just going to keep growing unless we want it because then it's not such a bad thing. And I think it's a good thing that we have it because it represents approximately I think it's 10% of the acreage of the city because we've only got about 2,500 acres.
So between that and what have you so I think it's a good thing. I would hope you keep pursuing it but please keep an eye on the expenses because the grass has got to get cut, the trees have to be trimmed and everything has to be maintained. And maybe we can also try to finesse the golf course take one will take the other because it's going to be costing them an awful lot
Thank you. Bill Miley, please.
2:17 – 2:2953 turns
I'm going to tell you a little something about the history, but first, I want to just give you my thoughts about the idea. The county does not have a recreation department They have parks. We need to know what the economic results are for the County of Ventura each year, how much did they lose? And we need to know whether the county has any interest in considering transferring leasing, selling small park I don't think they can because it was a gift by the sole family, in perpetuity probably.
And it was for the benefit of all the people that in the county probably especially in the Ojai Valley. It would be programmed by the City Park and Recreation Department for the county or leased to us by the county. Wouldn't we though be better off having a valley-wide recreation district which could include SOPA? And that would help run the swimming pool too in the future, 10, 15, 20 years ago when their equipment is failing and they have no money.
So Zadie Sol and her sister Nina were the ones that were still alive in 1959, and walked into Doug Jordan's grocery store. Doug Jordan in the 60s had a sporting goods store in the middle of the arcade, and I knew him. I'm not. 310 acres, as you know. But the county also has three additional day parks or parks. Not just a one. Well they're all overnight parks too. You know which ones and maybe they want to do something with that too. I don't know but probably wouldn't mind doing it.
I think that we should start communication with the county about this. In furthering Soule Park for the people of Ui Valley and the County of Ventura, you know, the County Parks Department wants more revenue than they try to get our vehicles. Thank you Mr.
Miley. Appreciate it. That's my last card. Is there anybody online?
Nobody on Zoom here.
I can only tell you that when the idea first came up with some of the county people, they have the goal of becoming revenue neutral or revenue generating and Soule Park is not revenue generating for them. And that's why they have the fees but they seemed very eager to solve this problem. So I think it's as simple as just asking what's the cost of maintaining it at this point and getting that concept review
I agree. We just want to get a cost analysis and maybe some specificity, like how many acres or whatever. And staff, like how much staff that maintains
it, how many hours. That's part of that cost and then we can decide can we take it on or not?
Yeah.
We would want to look at any constraints that might come with the property if there are restrictions. Would a part of this...
Even though this is outside of the scope of this, I think if we were to look at the feasibility of this then I think it could warrant a conversation around having a parks and recreation district or something to oversee it. But that wouldn't be a part of this.
No, we
would just want to come back to
you all with some information so you had an idea if this was something you wanted even contemplate or if it was well outside the scope of what you're interested
in. Okay.
Or maybe there's a subset of what, you know, maybe you want to consider leasing some additional portion of it? I don't know. Just some options
for us.
So is there a vision of like once we take it over, what's the plan?
Well, I could just tell you mine. I don't know yet but first I think we would just see could we do even want to do it? Is it is it too big of a chunk to take on but then then let's start having visions if we decided We do it then seems like it right You might wanna have some workshops. You might
wanna have some surveys You might want to have all types of things if you wanted to go that way. I mean It's a big it's a big property
Of course, I think the my view is And to Mr. Aiken's point, my son who is now 29 broke his foot when he was three on the rocket. Bam! Love it. I'm going to always love it. But it's mostly not used and so I would love to see it become more like a city resource. And of course the bike path...
So I have a few questions. Does the rec department perceive a need for more? You know, yields and that type of thing for programming or as opposed to a need a opportunity.
We yes we are field and court challenged in general and so this council knows we have to work excuse me we partner with the school district often to you know share fields and so we because we don't have an unlimited supply yeah Okay, that's the wrong statement. We don't have an adequate supply. We could use
more. And then I'd be interested in the various youth and adult recreation leagues and whether they have an interest in us You know, facilitating that for them. I do have an understanding with those people that I do know who are involved in those leagues that school district is not providing as many of those opportunities to use their Facilities as they have in the past.
And so, you know this might be You know a gap filler I mean, so I'm always interested in hearing information I have a really kind of general understanding that May have been two or three decades ago that the county Went through all their parks and jettisoned the ones that were not at least revenue
neutral.
So Soule Park may have been on the positive at some point in time, maybe they're declining now or it's attached to the
golf
course. It was allowed to be built there was that it would support
That's speculating.
Yeah, I mean it is speculation but it's from people who knew Sadie. It's not unreasonable.
They seem to be saying now it's not revenue neutral at all. Yeah, and then they had the faux pas of course. That was not a good thing? No.
Didn't they used to have horse events
and all that stuff? In the back, yep there was equestrian in the back just not as much.
Not as many but they definitely still have the ring back there people still cart in their horses. The bridal path is no longer taken care of so they just and they'll come from the rescue down on Boardman they actually ride into Soule Park now. So there is an equine component to it.
All we're asking for today is not the vision for it, but just to proceed with what the cost would
be. And just one quick question, the bridge, that's in the county right? If we were to have a bridge so people could ride and extend the bike path?
That's a separate thing that we're looking at too, but yes, it's related. It kind of goes together. You
mean the bridge across the
street?
That would go-
That's in the city
limits.
The city limits are kinda like right by
Then the, you know, the concept of the Valleywide Recreation District is something that I'd like to see because it's not feasible for us to be the recreation district for the entire valley and having a rec... And importantly we can't Put a modest, you know property tax in inclusion to pay for that. Whereas the count whereas a valley-wide would be able to do that without causing too much pain. A lot less for the residents.
So I mean I'm interested in this primarily if we've got support from community organizations that want, and possibly our rec district that want the ability to program fields and activities
on
the park.
Tell me if I'm incorrect once we have the data then we would go to the agencies and see what's the do you agree? Does that seem
right? Yeah, although I think it could be done simultaneously. You know, bring back the information. Here's how much interest there is. Here's what we think would be costs. That could be part of the
concept.
Sounds good. I move that we ask the staff for their concept review on managing Sewell Park.
Reaching out to the county, gathering some information and coming back to you to share that information.
Well I would say, I would just modify that slightly in the idea that it's not...I mean I didn't read the report to say we're going to take over Soule Park. We're looking at opportunities to have better utilization so As opposed to as, as opposed to you know taking over operation of the park. It may be something smaller where we're just like with a pickleball. We're saying, you know, we have the need for this type program
and I'll modify it. Happily will modify that we task the staff with a concept review regarding Soule Park and its potential as a community and recreational resource. Yeah there we go.
Great.
Second please someone? I'll second it. Okay, roll call please.
Roll-call vote Passed 5–0
Show transcript
2:29 – 2:346 turns
All right
exciting
okay all right. Onto 14. Okay I'm gonna bring two staff members up Mr. Seibert and Ms. Holman. Thank you chief for Surrendering your seat for an item. I'm sure Montgomery, you're on the name tag switcheroo. Yes sir thank you okay there's one Okay give us just one moment while we update Ms. Holman here Thank you, Mr. Montgomery. Appreciate that. Okay, I'm going to turn things over to Mr. Seibert who's going to get help from Ms. Holman and possibly from Ms. Burgess as well. Mr.
Seibert? It's a team effort here tonight.
That's
right. Thank you. Just for the record my name is Lucas Seibert. I am the Community Development Director here for the City of Ojai. The item we have before you tonight for consideration is basically the discussion and consideration of two contract Amendments one for building and safety Services, and the second one is for code compliance services And both of these we're looking for extensions to the existing contracts but also recognizing that The RFPs that went out for these have really become stale and given the information that we are readily available At the moment. It really does kind of make sense in at the recommendation by our city manager to look at reflying both of these kind of a long-term standpoint. But for right now, we have the opportunity to extend these for a year so that's really kind of what we've brought forward for this fiscal year and then reflying those positions before the 2027-2028 budget for next year.
In addition to that, within this information is a comparative analysis between going in-house versus the comparison for contract services. So within that framework is a lot of fun numbers that you can take a look at, that certainly we've dove into. That's why I've got Kathy here as our HR and then Bethany has been helpful in trying to sort through what this all means and making sure that we're giving you what we believe to be an accurate representation of what the comparative two pieces are.
And on top of that, there is an opinion piece as a part of this attachment that really kind of dives into what Will Dan had put together as a comparative piece. Now granted that was an opinion piece that was put together by Will Dan as the contract authority for both building and safety as well as co-compliance so All those pieces wrapped up into to the discussion piece for tonight in consideration, the operations in terms of how how the community development department operates. I should just give you a little bit of a history piece when compliance was 1st flown in 2020. Uh, I was.
Just recently hired onto here and with the city and coming into the situation Co-compliance was in dire need of reshaping. And not only that but there was this inherent Understanding that we couldn't get co-compliance to come in on the weekends We have solved that we have co-compliance here on the weekends, and that has been an interesting and probably productive piece really since 2020 when it first started. Before that, before the dark ages of what we have today, we didn't have co-compliance on the weekends so that's been a huge lift and continuing process. We've had shifts in terms of co-compliance over the years. Co-compliance officers coming in and out. In the seven years that I've been here, we probably had three co-compliance officers come in and out Previous to that, I was on the impression that it was basically one a year if not more.
It was tough to keep co-compliance officers here long term. That was as a contract service, not as an in house service so I just want to be clear on that and then from the building and safety side, it's been kind of interesting because we have had a building official at the contracts stage as well as a building inspector And then, um, really the people that don't necessarily we see on the regular. In fact, I've never met any of our building inspect or not in sectors but plan checkers that go through the plans to ensure compliance those individuals.
We have constant contact, my staff has constant contact with those individuals. So they while they're under contract it almost has this in-house feel to it but mind you they are under contract so it's different. With that I'll leave it for questions and we're certainly here to answer any questions.
2:34 – 2:4011 turns
Questions for staff? We'll have a discussion, but I have one comment card. Larry Steingold
please. Good evening. Um, I was curious about the direct staff to appropriate funding
Is there any idea about how much that would cost for benefits and total costing for the six full-time employees, and how would that work? And this contract I assume is being rolled over without bidding. I gather. So why? I know you're trying to do this and maybe it's too inconvenient or it's too expensive or too fine, but it would seem that you would want to put it out to bid considering all the sole source exceptions that have been happening.
So I would please look into that. But getting back to the six full-time employees, are those six full-time employees compensating for what Will Dan is producing now? And is there enough work in this city for all these people? Just a curio.
So, thank you. Thank you sir. Anybody online? Okay. Now tell me if I'm correct in this we do need an extension of the contract or else we will not have the service at least something needs to be done immediately to continue services we need to provide.
Correct. Recognizing that that is the solution for the near term, the long term. I mean, I agree re-flying it really does make sense on both
ends. If I could jump in, it was competitively bid previously?
Both of
them were, yes.
Oh, do we call that? Right. But you're asking just for an extension immediately.
The other thing I would note is that for the contract for building official services, the term provision of that agreement originally contemplated that it would be for a term through July 31 of 2026. But it also included the option to extend the agreement for an additional one year period. And so that additional year extension was contemplated as part of the original term of that agreement.
For the other agreement for code compliance services, it did not include the one-year extension language but it did include language that made it clear that the agreement could be extended upon mutual agreement at the parties I would add that for, you know it's pretty common when you have contracts for services like this. And so one of the things we would recommend in a new solicitation is that we would make it very clear what the base contract term and what the extension terms are But, you know I think for purposes of these two agreements and the amendments before you tonight.
The, I think that, you know, you probably are first of all with respect to the building official services. The city has a legal obligation to have a building official and to perform the services that are being performed by basically, a building department. They're functioning like your building department. For the other contract, so if you didn't have that agreement in place and you didn't have an extension of the term, the city is conceivably left without those services.
And it could impact all of the legal requirements that a building official performs. So that's inspections of new buildings, new construction, Inspections of, you know changes to an existing structures that are required to be compliant with current building codes. So there would be some significant legal impacts on the code compliance side if you do not extend the term during a period of time it would take for us put any contract in place you would effectively have no code compliance support So, so there would be a concern you know I think there's a concern about having a gap in performance of those services while we would go out for a new solicitation.
And the other thing I was thinking about is we recently had a conversation around the interest of contractors versus employees and Will Dan was one of the people that came up right in this idea. That doesn't mean stop the service now, of course but it does seem to me this is right to consider that possibility of well if we were to bring in-house sometime or a portion in house what would that look like? Does it make sense in the long term? So that even if we were to extend this, which I will.
It would be interesting to hear that conversation at some point today and next year here's an idea here's a hybrid version or something like that. So I do see the dollar amount here and it's weighty but just to get the pros and cons of that would be interesting.
2:40 – 2:4515 turns
Yeah, I think there's an appetite for that deeper dive in terms of that conversation. This is kind of like at the surface level and not necessarily diving into really the meat of that conversation. That could certainly happen within the next year and certainly probably within the next six months just so that you're seeing the numbers and the numbers are really kind of what you want to see as an estimate in the beginning to say okay, let's hear more Like what, what does that look like? And I've been thinking about that. Look, I've been very clear. I've worked in a bunch of different cities right all in LA and the Midwest as well. This is the first city that I've worked in where we contract most of our services out as this community and this city really does it's an interesting concept and it's an interesting way in which to do business to be completely frank but it's the way in which this city functions each and every one of these well-down employees we treat as if they are in-house employees, right?
With the exception of the benefits that come along with being in a house. I don't want to go too far. I
was going to say technically legally, they're independent contractors. They do not have received city benefits.
Thank you. In your demeanor and
interaction. Yeah,
As city staff and as the director, I don't see them any different in terms of how we evaluate. But it is an interesting piece when you're looking at what in-house looks like from a number standpoint versus what it looks like from a contracting standpoint. So just being as transparent as I can with what we're looking at here. Certainly if there's an appetite for that pros and cons piece, and I venture that there is, we can certainly bring something back.
Thoughts colleagues?
So they provide how many code compliance officers for us?
So we have one co-compliance officer and then there is one employee
that we have.
And then there's one employee that oversees, and we also have a co-compliance supervisor that is remote that also provides support for the co-compliance officer so If there's a need, like for instance some of the more technical co-compliance cases that we have that linger on for a number of weeks and even into the months because we're looking to gain compliance.
Some of the cases tend to be hoarder houses those tend to take a long time to get compliance right so then we usually have their more senior staff that tends to be not necessarily local working directly with the boots in the street for our co-compliance officer.
And do we have like a ballpark figure each month, how many times they're called or something for compliance? Because I'm just from the commissions that when I attend the meetings and stuff it seems like when they ask for things it's always oh you know that's code compliance and we don't have the time or it's only me I have to do it all and my other work so what are we
doing right the balancing act right Yeah, in any one month the cases range from about 25 to 40 to 50. It ramps up it's interesting it ramps up kind of into the March April May June because that's the transition into fire season so we're looking and we're working with Fire Department regarding weed abatement so that that's an interesting one because a lot of those are weed abatement And then it kind of tapers off as the summer goes along, and then it kind of picks back up as we lean into the fall season with other code cases as well.
Just to add to that, recently I'm sure you know We added three areas to increase our code compliance on, right? And I thought that was just the beginning really to say because I could think of other areas. I would love to see compliance increase not to say they're not doing their job but the capacity question I'm curious about.
Councilmember Mang's point. When I first started here, what was co-compliance? We were effectively reactive so it really just needed one. As those cases came in we then resolved or it looked towards the process of resolution Moving into the proactive piece, we've got one conditions of approval compliance officer and as that individual keeps taking on more cases you're seeing more interaction and more compliance as it relates to it. And it's interesting too...
You would assume that they're in compliance with the conditions of approval until you start reading the conditions of approval when you realize You're kind of out of bounds on some of these let's get you guys back in balance, right? So they think they're operating completely within the rules. Sure so
well what it makes me think is that If we were to suggest that you also look at but with it What would employment model or hybrid employment look like in the future? Is to say if we were to increase the capacity, what would that look like? How could somebody get brought on like that because I I would imagine this
2:45 – 2:5117 turns
I'd like Kathy to speak to the hybrid model and what that looks like.
In a public agency, CalPERS is the big elephant in the room. They make their own determinations on who's an employee and who is a contractor. Although we have a contract with Wealdown and right now the services are segregated. Right now we don't offer in-house co-compliance but it's a contracted service. If you, you can't commingle that because PERS will then say your contractor is an employee. City failed to enroll them in PERS so we run a risk.
So you need to be very careful about commingling the everyday business of the city either should remain contract or it needs to be in house
I think
what you could do is you could split up. So within this family, for instance, you know, you could say all right we're going to take code compliance and make that entirely internal. You could do something like that. What you can't do is you can't have a contract code enforcement officer in house code.
And kind of similar, I was going to make a similar point like with the building official. You could bring all of the building department services in-house as in-house employees but you would want to bring those functions entirely in house as opposed to having some in house and some outside.
I'm a little confused then. She says she's code compliance, but am I confused?
Yeah, no, that's a good question. So she helps to facilitate but she's not the one that's issuing citations going out there on with boots in the street. He so our code compliance officer works with his supervisor. But then also Mara oversees those are operations to ensure that those cases that come in are being received and processed appropriately.
Manager Do you want to explain the role of Eduardo?
Yeah so then, so that would be Max as the co-compliance officer and then Eduardo comes in and he reports directly to me. And so what happens there is as we, as I open up additional cases for him to take a look at from a conditions of approval compliance standpoint, he reports directly to me and then they're there and I mean it's just basically Him working on all those, not necessarily any other in-house staff. So
I'm just going to simplify this a little bit better so Max is our code compliance officer he's here on a part time basis. Max is here three days a week?
Yeah so he has 38 hours it's basically two from yeah
it's almost full time but he is also here on the weekends that's one component Max works for Wildan. He has a supervisor there, but he also reports to Mora. So he's got two people helping to direct his work. In addition to that we have Eduardo who is not in a code compliance officer But he is in a conditions of approval compliance. So this is you know, these are your hotels These are your developments and so he's monitoring those reporting directly to Lucas He also has a supervisor at will Dan as well Yeah And so those are bait that's that's the code enforcement family we could change that it could look different. I
Yeah, and his is in a part-time capacity. Right, and Warno works 20 hours a week I believe, right?
So one thing I'm just questioning like when Anita comes to planning and she's there living at a property and she's reporting things that you weren't aware of from the code compliance officer so that to me thinks who's not doing what? You know what I mean? Sure. I don't mean to be that girl but that's the way it It's
the whole reason, yeah. It's a whole reason Wired Water was brought on right? The compliance piece it's an interesting piece so if you think about projects as they get approved right they typically stay with that planner if you go to any other city that I worked in guess who it stays with it stays with that planner from start to end I mean like let me give me example when I was in Claremont years ago the very first project that I took on was a five unit subdivision Guess what the last project is that I finaled before I left.
That was 11 years later, the five-unit subdivision.
But going back to answer her question it is Eduardo who's monitoring those conditions working with Mr. Seibert and also with the developer to make sure that they're adhered to so there is somebody paying attention to that you are correct there was a time period when we didn't have somebody dedicated to that function
Because this was just a while ago. You know what I mean? No, no, I agree. Are we really getting what we're paying for when you have to have somebody living in the development report somebody that we're paying for?
2:51 – 2:5910 turns
Yeah, no I see what you're saying. There is an interesting fine line and the only way that I can respond to some of this is simply stating that as these projects come forward there are other projects that are behind it. And to expect that you have staff working on two different commissions and then expecting those same staff to go out and do compliance checks I'm going to just jump in here. Finish what you're saying because I have something to say about this too. It's a tough sell is the way, and you're spreading staff way too thin. Now granted we are bringing on another staff person that person is starting very soon but that person still has to be trained so it's just a matter of
However, I'm just going
to
add this here. You always have to take these code enforcement and compliance issues with a little bit of a grain of salt because there are cases where it's a persuasion issue often because that gets the result usually more quickly than an enforcement action so we're always trying to get somebody to voluntarily come into compliance You know, it's difficult if you're living in the middle of a development. That's hard and that's and I think that's the individual you're speaking about. That's frustrating but it's not that we're not monitoring is not being paid attention to that. The developers not being made aware that were I mean, I routinely see Mr. Becker in his office being talked to by Lucas about hey, this is what we're hearing. This is what needs to happen.
This is when it's going to happen I routinely hear Eduardo being given okay, this is when you're going out there. This is what you're gonna check and this is what you're gonna come back and report to us on so it It isn't motion could we dedicate more resources to it? Absolutely We could we're pivoting here in this community because as mr Sybert was indicating before There's less of an appetite and interest in code enforcement We're seeing a lot more that with this council and we can continue to increase that
So I mean at some point I was imagining we would have a conversation around How much code enforcement would we like to see or are we behind on that we would like to see more of and more prioritized? And that means more contracted people. Right, so you might say oh if you want everything you say it might be another person that's either hired or contracted or whatever because it does seem to me we're getting close
Yeah. With every rock we turn over, we seem to find more problems than we find solutions too, right? And to that end, um, that's where an Eduardo comes in and says, Hey, we're giving him the tools, the information that he would need or that individual would need. And it's a matter of evaluating whether that's too much or if there's more staff that would be necessary here.
You know, transitioning to a proactive role is kind of a new thing for this community. How proactive are we going to be to the point to where we have pitchforks here? Is that too far? I don't know. But let me just jump in.
An opportunity has presented itself and I think it's very positive because if council agrees with our recommendation and allows us to have this extension, and we were able to go out for an RFP. We would want council be very involved with that because you would help us put together what are we looking for in the next? It could be Will Dan coming on again. I don't know. And we could have the council involved in that selection process too but you could help us shape the types of things that you really want to see so that we get proposals that are delivering exactly what you need.
So, what I'd like to see very broad strokes is that the community and the contractors who work here on projects believe that the rules that we have are the rules and if they don't follow the rules they're not going to be happy with the result Because I think the only reason to have rules is if we're going to have some form of enforcement mechanism. And obviously, that's a very broad statement and there is subtleties and you're speaking to some of those today and I appreciate that but my overall goal is that we not have a perception among the public that Rules, they're not going to enforce those. So why am I gonna comply with that? And you know and I want to end partial potential practice of building things without permission or deviating without permission and then coming and asking for forgiveness for having done that.
Um, but what I want to make sure I understand. So so we're, I think it's been expressed and I agree that we're interested in recommendation number two. But a lot of work has to be done with that. So we're not going to tell you what's, you know, so recommendation number one is extending both of these contracts. And if What I think I read in the staff report is that we're not really expanding the service, we're just extending the time frame of it.
So a vote for recommendation number one is just extending the status quo of what's happening Right now. Is that a correct assessment?
That's correct, yeah.
And then you know I guess my impression reading through the numbers is god that's And I think that as we get deeper into the recommendation number two or as we look at that option, hopefully we'll gain more understanding, a depth of understanding of what has to go into it. What I agree totally with Council Member Mang That, you know we have to be concerned about getting, you know, value for our dollar that we're getting, you know, a maximum productivity out of the people were hiring whether they're contractors or whether their staff.
But I. Way too often I get a report like this and I'm thinking, I have to know so much more about what's going on here than I could possibly digest based upon... It's helpful that you attach the prior contracts because they talk about Or the I, I guess it's the their offer for or the response to the. Yeah, the proposal response here you see right? You get a little more depth of that flavor there but. I mean, I almost have an inclination towards the idea that You know, maybe we ought to have an ad hoc that's kind of digging in on such a huge contract. It's such a huge portion of our budget.
And another thing that I'm interested in is that. I believe that at various times in the past, we've had more House staff doing some of these positions. At one point in time, there was a building inspector who was kind of
2:59 – 3:0414 turns
well-known. Yeah, so 2010 we had a building official and a building inspector that was in
house. And I'm interested in what our experience Was I'm not saying tonight. I want to get along, you know discussion of that but I'm interested in what you know the pros and the cons that we experienced as a city with having that in staff as opposed to going out to country
So on that one, if I could jump in. That's going to be difficult for us to do something that was back in 2010. I mean that we won't be...I can just tell you we can't do that without interviewing people who used to work here and I don't really think that's too reliable. However, you do have people Mr. Seibert, myself Others have worked in a number of different cities with contract and in-house employees, and we can share our perspective on it. Also on that note I recognize it's biased but we did include in the staff report an opinion from Will then on pros and cons of contracting in house. It's biased of course but it's something to start priming the pump.
Yeah and I guess I have in mind Um, you know, we do. We do have a lot of folks who were on city council. You know, going back 2030 years for still living here in town and maybe they have some
Yeah, I would really caution those types of. Those are anecdotal and the other thing you know you guys are at a policy board level and it's much different when you're in the day to day operation side of things so but we will If you wanted to, we could even have a third party who has no stake in the game to give you. And I put that in this agenda report if you want us to do that That's fine We'll get a third-party opinion on the pros and cons as well But I feel that Mr. Seibert and I have a fair amount of experience in dealing with both that we could give you The pros and cons
yeah, and on top of that if I could just add a cherry on top of that We have an in-house Principal building technician who has been with the city for 26 years. That individual has seen both the private and the public side of things I would be curious to see because I know she remembers all of that dating back before the transition.
And I'm just going to jump in the headline is it's just considerably more expensive if you want to go a full in house, in-house rep and you are unable to scale up and scale down. You have what you have and that's what you get The benefit and those of you that are going to the California Cities Conference, I would strongly encourage you to walk the Expo Hall because you're gonna see probably 15 different firms that are very competent that do this for municipalities up and down the state.
So for about half the amount of having in-house employees we can do it on a contract basis and then we can ramp up and ramp down as we need to. The other thing I will tell you, with certain functions are difficult to have people perform in-house living in town or in the area. Code compliance and building inspection is one of them. You don't make a lot of friends in these areas.
And I've had code compliance officers in other cities that have worked, be targeted by residents and have difficulty in going out and enforcing certain items because they know the person or it's a family member or it's across the street from where they live or whatever. So there is some value in having somebody who has no connection who can be neutral. But we can bring this all back to you for your consideration but these are the high level Thanks.
I just have one more question because the my Ojai app I understand is taking off it's getting dialed in and all of that like I don't know how many calls come in a day or a week and out of those calls do you have like a ballpark figure? How many actually fall under the code compliance? We could
absolutely give you that
Yeah, it's right around in between 5 and 15.
Out of how many
calls? So if we get a call... so for instance if a call comes in and it's a co-compliance case we immediately turn that into MyOhi and then we provide those individuals. And there are cases where that still happens but the vast majority actually do use the MyOhi app but there are those outliers that still are out there. But the
question is do we have the data and the answer is
yes we do. Yes, the data is absolutely there for MyOhI For sure. Thank you.
3:04 – 3:1227 turns
Mayor is your microphone on?
No it's not, thank you. That we're proposing the approval of AMB and that we're asking that we look carefully at our capacity and our interest in what an in-house staff
So that would be the so A and B, and then looking at the capacity. And then based on that information we see where it goes. Yes right.
And then you also expressed interest in Expanding our enforcement approach and attitude. I'm interested in that as a future agenda item.
And is this just a typo, page 404? It says if the city chooses recommendation number three...
It should be number two.
Okay it is a typo.
Yeah good catch.
Apologies for that
but so I want to take mr. Whiteman suggestion, so I want to add also The capacity for increasing proactive code enforcement So you don't know what those are yet? But when you start thinking when you start mapping this out, what would it look like? Be thinking that we do have an appetite for increased code
Certainly.
Yeah We don't know. Well, we don't know. No, I know what give us a little bit about capacity is what I'm asking
people some trouble.
No it's not that no, well if if I might pause, I thought that Mr Whitman made a really good point so if you are on Matilda just for an example there's 2 hour parking sign still and in the 90s there used to be a meter person and now there's not and everybody knows nobody's check. So you have basically rules that nobody's enforcing and everybody knows that So either change the rule or start it for me. And sorry, that's parking enforcement. No, I'm just saying has an analogy. Yeah. How many things
changed during covid that haven't changed back
now? Those are all good examples. So I'm not asking I'm asking you to have a magic ball, but just with some general understanding that if you were to go on the upside a bit on capacity knowing that we have an appetite for just that. Understanding you don't know what they are because we don't know what
Yeah, I've heard the phrase you don't know what you know until you know right? That's that's what we're looking at here. So it's a matter of, you know, the insight here is that a lot of the times the cases that come in are the complaints that come in so it's A matter of getting ahead of those as opposed to waiting on the sidelines for some of those pieces
One thing I would say is just to this point, there are some things that are very important to enforce and there are others that are way less important that are nuisance things. And I would like us to focus on the things that are health and safety things and less on, you know, piddly annoyances for our community members. And there are code enforcement things that are just piddly annoyances.
And then there are things that are health and safety. And I would say that as well as making a list we should prioritize health and safety.
Well here's what we'll do. You've already established some high-level priorities you want us to enforce and we can bring that back if that can be revisited and expanded. That way will have policy direction for what we should be doing.
Thank you. So I have the motion now.
A second,
OK?
Mayor and Madam City Attorney, it's like some clarity on the motion language here we have a motion in a second to approve recommendation number one and to analyze capacity Expanding active code enforcement and attitude returning with future agenda item. Looking at capacity, analyzing capacities that-
Capacity and the possibility of in house staff. Yeah,
Roll-call vote Passed 5–0
Show transcript
All right last one here well permits ordinance research update
This is going to be a co-effort of the City Attorney and Ms. Palmer who is online so take it away please
And I apologize because I have a little tickle in my throat and if it continues and I mean, you're going to run away again. Yeah, I may need water. OK, but I will we'll work through it. So in June and then again in July, we were before you regarding a proposal by the Public Works Department to potentially repeal or then suspend this these permanent ordinance After the meeting in July when we presented this back to you on first reading, we were contacted by the County of Ventura letting us know that there was a 1991 agreement related to the well permit ordinance Um, effectively delegated responsibility for administration and enforcement of the city's well permit ordinance to the county. So all of the functions under that agreement that were performed by the Public Works Department were delegated to the county.
The one thing that was not delegated to the county was responsibility for issuance of well permits and approval of exemptions of well permits. So I guess two things. Thank you. So with that, we took some time. So the reason we did not immediately come back to you in August with the well permit ordinance on second reading is because we wanted to make sure that we understood the implications of this and give our office and the Public Works Department an opportunity to kind of regroup So we've done that, and so part of this item is really to provide an update on where that ordinance is. But it's also in light of that agreement to seek some additional direction from the City Council about whether you wish to proceed with the suspension of the Well Permit Ordinance or whether you wish to maintain the status quo and continue to have well permits issued by the City Council Um, or you know some other variation on this theme.
And so you know other options that could be considered would be delegation of the issuance of the permits to the Public Works Director or even possibly discussions with the County about whether they would like to be responsible for issuing permits as well. What I can say without knowing the full history of the 1991 agreement is that it Just by having worked close to water issues for a long time, is that I would suspect that one of the reasons the City Council retained the authority to issue permits is because that's a way to manage and address a potentially constrained resource in the event that we were facing water shortages or other shortfalls in the groundwater table.
So with that being said, you know I think we're really here to get some additional direction from the City Council on how you would like to move this forward. And if ultimately the decision is to move forward with suspension of the ordinance then we would also want to make sure that we notify the County that we would want to terminate that agreement from 1991. I guess with that are there any questions?
3:12 – 3:1816 turns
I have a question. I believe, so I'm on the OBGMA, Basin Groundwater Management Agency Board and we do on a fairly regular basis have permit applications come through us And it's my belief that the county does some level of screening of those applications. As the board make final decisions and on OB GMA, we have a fairly simple approach In the sense that this is kind of a policy, but if the well is to extract two acre feet per year or less it's an automatic grant.
And then if it's more than two acre feet it's a... It's an assessment of whether the usage is reasonable and that's part of It's part of the constitutional grant of the right to take your groundwater is that it. You can take your ground water, but it has to be reason and that involves. Comparison and assessment in we've. Not that you most of the. Applications we get are less than two.
Just automatically granted and I'm kind of wondering whether we couldn't employ Some type of mechanism similar to that To where our public works department is not having to go through an assessment or staff time they're getting feedback from the county and That then it you know potentially comes to us as a a calendar item where we're, and we could adopt a similar policy. I think where we are right now with the condition of our groundwater basin that the two acre feet limitation is actually extremely sustainable And it's only after you get the two acre feet that you'd start thinking, having to make an assessment. Is this a reasonable extraction
request? So correct me if I'm wrong, but quantity we're looking at it like on a year. I mean, we've looked at two and two
years. Yeah
right.
Yeah and I think my suggestion would be to talk to Um, the director at and just see how their. Permit process is going I for the same reason that I didn't want to extinguish our rights on that because everything's great when we're in. Simpatico with the board, that's with the OBGMA. But I had a contracts professor who You know, really tried to drill it into us that contracts aren't for people that are happy with each other.
Therefore when everything goes bad and then you spell out how things are going to happen. So that's my thought process on retaining the ultimate decision on On being able to grant permits.
Just to add to that, my interest which I think is similar is to produce kind of the administrative redundancy where they need not come before us but then as we said even in what was going to come before us for a second we were only going to suspend it and look at every team anyway. As long as it's not redundant The other thing I might suggest would be that if we wanted to go down that route, it might be helpful to get some
input from the county since they are administering. No, I agree with that because
If they're already doing that, I don't want to tell them not to do it. But then if we make the final approval process, I think we just need to adopt a policy that makes it easy for us to make that small change and keep it as is with the small changes.
Yeah, we can look into that. And
potentially have that same policy Uh, with the 2 acre limitation where it could even be directors. And can sign off. Or or something similar to the.
Yeah, it might be that maybe
the director's
exemptions for less than a certain amount are approved at the director level as opposed
to. I mean, it has it here. Our option three is a version of that which is the city manager or designee would could streamline the process.
So we can and we can get some input from the county and bring a couple of options back.
Does anybody object to that? That sounds great.
3:18 – 3:2536 turns
Sorry, just to beat it to death. Can we state that as a motion? Is that okay?
Yes.
Okay, thank you.
We're moving that the city attorney work with the county on a threshold that streamlines administrative processes or that it would come be quick. That reasonable enough? I can do that. Okay. All right, second please on one.
I'll second.
Roll-call vote Passed 5–0
Show transcript
There's only a couple announcements before we pack up just a couple little quick things on the council member reports we might want to write down a date or two One is, and I want to hear from you of course. So the parties in the water adjudication are coming forward at the judge's request to make some public hearings. So I want to tell you what those are. One is that the City of Ventura and Casitas are jointly putting together their marketing piece which is almost ready. One is going to be on Wednesday September 30th. That is online. That'll be at 6 p.m..
To to be announced, but more importantly on October 19. That would be a public onsite presentation from the 2 general parties. In Oak view at the community resource center at 10 am and we are offering at all for the 2nd 1 at 5 0 PM here. So that would be a presentation from Ventura casitas ourselves some of the purveyors here and you can see another presentation from.
The state. Potentially channel keepers, just so that public is understanding. What are the 2 presentations that are going to be on trial potentially on the 26th? That's 1 then so that something kind of interesting that happened at the Mac last night not to be confused it's called vision 0. And it is a granted piece that the county's working on for streets in the unincorporated area that have higher fatalities than other streets. And they're looking at that, they're talking about some studies, some engineering changes but there are streets that we would know like Greek Road, for example, El Roblar, Lomita where there's a lot of traffic. So the presentation from the Public Works Department from the county was reaching out to the public. So when you hear about it, it's called Vision Zero And then just to remind you again, if you are interested the student council on October 1st at the rec centers at 6 o'clock.
And then just for clarification so that you don't get confused. Agora my nonprofit that I'm the director of is renting Kent Hall. I'm renting the conference room on Mondays starting in October, October 12th to teach a civics class. Not me as the mayor just as an agorapiece paying full rent over there so that you're not confused it's not the same me as the mayor but just.
Yes? Yeah, I'm curious because we had talked about this before about renting Kent Hall. Do we have a price sheet?
We right now do not. And so we're using I think a similar room from Sarzotti and applying that over here. I mean, I'm paying that the same
rent. Yeah, sure. But what if someone wanted rented this place? Are we renting it?
We could rent this. We'd have to figure that out. I don't think we have an established fee for this right now, but I would want to look at kind of like what we did for... It's
in the policy that we actually copy. We said someone could rent it, but we don't have the rental.
Right. It's not on the fee schedule. So what we did with this request is we looked at a similar room in Sarzotti and said OK,
Yeah, yeah. That's great. I was just wondering if we had moved forward with the idea of making this a community place that people could rent and what that price would be and was it comparable to the other places that you can rent? And
it's got a lot of variables with it because it depends on do you want to have staff here or are you live streaming or all those things?
Yeah, yeah, yeah, I mean, I think that would be add-ons but just simply like we used to do, you'd just rent the room Right. And you get they hand you a microphone, right? And you push the button and now you have a microphone.
So to answer your question, no, but we can yeah, I think we try to be accommodating depending on what it is. Yeah. But
yeah, I agree. I brought it up because I used to rent the library, but the libraries being repaired, as you know. But just to be clear, I will make a kind of a preamble to say this is not a city council event that's not from the city at all. In fact, we're just renting space to survey
Yeah, I mean, I understood that.
No, I know. I'm just saying it again for
clarity.
Very
good. Very good. I think you should
anyway any other
Christie Billings is working on bringing it forward and we I talked to her about it recently so my goal is to get that going sooner than later but you're right needs to come back on the working agenda
yep a question I understand the topic of the meetings on October 19th Generally, what's going on in that? What's being tried.
Yeah.
What about the I didn't catch the topic of the September 30 online same one it's
the same. It's the same thing yeah so it would just be people who wanted to watch it all right but uh it's interesting because I have the rough draft of the Ventura Casitas presentation they're still working on it so I'm gonna attend the online I mean I may evolve over time because it's a moving target pending trials tend to be. Anyway, it's it I it's getting the trial is December 26. Unless it settles beforehand. So it's eminence. I mean, October 26.
No, October 20. So it's close to be a rough day to start. I know. Yes, right? Yeah. October 26. So It's a lot of work. Sure. Any other Are you hopeful? Yeah, I'm hopeful. I mean, how would I say it? There's a lot of agreement on the structure and there's some disagreement on a few key points. And that's unfortunately it's going to trial because there is not agreement on a few important things.
OK. All right.
I was more hopeful earlier that there seemed to be more conversation when people were here. But you know,
we'll see
when trials get closer, people get more flexible. It's
true. OK, all right. Thank you
for
the update.
Yes. Okay. All right, we're adjourned.