Ventura City Council Meeting
September 20, 2010
Ventura City Hall - 501 Poli Street
Carla Bonney, who self-identified as a “Tea Party” member, claimed to have heard that the city council is about to outlaw plastic bags. The Mayor went ahead to clarify the situation with the speaker, indicating that direct communication with the city council members at this time was not under protocol. The speaker believed that the council is overreaching, and brought in mention of “Tea Party” sensitivity to the intrusion of government through its very participation in the debate over the issue of plastic bags.
To view a list of agenda items for the September 20 meeting, go to http://www.cityofventura.net/meeting/city-council-meeting-7/
Mayor Fulton opened the meeting with a call of the roll – all present. The mayor then asked the council and all present to recite the Pledge of Allegiance.
The Mayor announced that this being the first Monday, preliminary festivities began with “Mayor for a Moment,” introducing fifth-grade student Paul Dickinson. Paul read an essay while sitting in the Mayor's chair, and thanked the audience for their attendance. “Punctuality means being on time while being late is clearly a bad idea,” he began. Paul concluded by saying that he always tries to be punctual in all aspects of his life. The Mayor then awarded Paul the nameplate, identifying him as “Mayor for a Moment.”
The Mayor's Volunteer Award (Community Collaborative) for September: This years' recipient is California Lutheran University for its contributions. Steena Odegard accepted the award for CLU. Students at the school removed 5.7 tons a trash from the Ventura River.
The Spirit Award for Small Business is an award for central coast businesses – three of which are from Ventura. The first certificate presentation went to Hammerhead Industries – “exporter of the year”. The second certificate went to American Building Automation – an outstanding minority business. The company was founded in 1997. The Mayor recognized Council Member Andrews by name while mentioning that businesses are “alive and well” in Ventura.
The third certificate went to Rincon, now operating from a permanent building near Ventura College.
Closed Session report – there were no reportable items.
City Council Communications – Council member Morehouse spoke in following up on Cal Lutheran cleanup operations, thanking them once again.
Council member Monahan attended the CASA Conference in Monterey California. He pointed to the model national program for sheltering animals.
Council member Andrews offered a progress report on the National League of Cities policy steering committee, with the lead on what should be the policy objectives and recommendations to Congress by cities of the United States. A policy that has been favored is an insurance program that would guarantee economic development in communities. The Mayor will go forward to the policy directors as a result of the steering committee report.
Council member Brennan reminded everyone of the concert in the Park program at Arroyo Verde Park.
Council member Weir noted the new PayStation parking in the downtown area. She mentioned that reaction to the new parking facilities have been mixed but overall quite positive. She thanked citizens who collect trash on their own for their dedication to community service.
Deputy Mayor Tracy acknowledged a contribution from Kaiser Permanente, with its check for $25,000 to go to swimming lessons for some disadvantaged members of the local community. He also mentioned that this coming Saturday is Coastal Cleanup day. For beach cleanup they were asked to bring their own cleanup bags, gloves and protective gear.
Council Member Morehouse reported on the SKAG committee report, with Senate Bill 375 – noting that the California Air Resources Board is setting agendas statewide . The task force for the Bay Area helped the staff arrive at a range of numbers. The range went from 13% to 16% in years out from 2010 to 2035. The six counties had different opinions, resulting in what he referred to as “an all-out floor fight.” The split vote favored the measure 29 to 21.
The annual League of California Cities conference – “Planning by Policy” – listed policies that are “going right.” Voting by delegate on the floor resulted in a revision to the bylaws within the league. The funding of state mandates was covered including regional water quality boards. Ventura has had an additional $4 million burden in order to improve water quality. One of the Desert and Mountain Division board members following state proposition 23, wanted to extend the moratorium on the reduction of greenhouse gases, with the board deciding to remain neutral. Three counties voted to squelch AB 32. The bottom line is that their resolution was defeated meaning that the league will also continue to remain neutral with regard to AB 32.
Yes on 8022 is considered critical, with Mr. Morehouse passing out buttons that he had been given at the meeting, urging all on the Council to take note.
Council Member Andrews emphasized that harbor area squid fishing has been “bountifully magnificent.” The major level of dredging that is needed should be postponed, he said. Dredging of the harbor is funded by the federal government because of impacted fishing considerations locally. The Councilman also mentioned that the pay parking program at the harbor has been discontinued. The board also will negotiate with the city for a fire station to be located at the harbor.
The Mayor announced that on the Coastal Express, their fare increases will advance to three dollars one-way.
Council member Weir spoke on behalf of the Visitors Bureau which maintains the Visitors Center, adding that attendance has been the worst in many years. Foreign visitors, however, were up in attendance. Fewer visitors were attributed to poor weather, rather than parking regulation changes. The Mayor chastised Council Member Weir, however, for injecting subjective reasoning as a cause for the drop in attendance.
City Manager's report – city council members do not generally take positions on statewide issues, according to City Manager Rick Cole. Tonight, however, Proposition 19 may need clarification in order to understand some of the terms in both pro and con statements. The city manager noted that propositions are often determined on emotional issues rather than which is typically found in the fine print. In the case of proposition 19 – the legalization of medical marijuana – the issue does have some very troubling fine print, according to Mr. Cole.
The Regulate, Control, and Tax Cannabis act was spoken to by the Ventura city police chief, who called it a faulty initiative. Proposition 19 does not regulate marijuana like tobacco or alcohol … rather, it leaves to local governments the task of regulating marijuana. California already allows for the legal use of marijuana for medical purposes as part of the Compassionate Use Act – proposition 215.
Quality of life problems (addiction) were noted. The increase in youth access to marijuana was also cited. Municipalities have abundant vacant lots that could end up being diverted from residential use to the growing of cannabis plants instead. “Drugged driving” was cited as another negative associated with the proposition. “Problems for employers” was yet another potential downside – the creation of workplace safety issues among them.
Compliance with the federal Drug-Free Workplace Act may also be compromised, according to the police chief. Losses to school funding was a further consideration. Issues with taxes and the collection of taxes was mentioned, stating that the collection of certain taxes may be an elusive goal.
Marijuana may be associated with organized crime with facts being cited – Mexico, with its own Prop- 19-type of law, and yet drug cartels continue to corrode Mexico.
Opposition to the initiative includes both candidates for governor, both candidates for attorney general, both candidates for U.S. Senate, the California Chamber of Commerce and others.
The Mayor noted that the Ventura City Council will be facing this issue. Council Member Morehouse stated that he agrees with the police chief.
Public Communications – members of the public have three minutes to speak, as stated by the Mayor.
Helen Yunker spoke, reiterating her problems associated with Lot 7. The lot is considered a problem lot, and has now been impacting sale of the property. She thanked Deputy Mayor Tracy for coming to the lot last Friday. She claims that there are unreasonable demands for retro building permits associated with this property.
Council Member Monahan questioned Helen on what she did with the grandfathering in the Pierpont area. She responded that there were “bootlegged” duplexes in the area and that many of the building permits have been lost. The improvements made before annexation resulted in an update to codes after annexation to the city.
Patti Thomas spoke asking Mayor Fulton to recall his commitment to a document titled, “Ventura Update Concerning Wright Library” and its occupation by the Ventura College. The library was to be occupied until 2010. The speaker requested follow-up from Mayor Fulton on the status of the document from which she was reading. The Mayor said he did not have that information directly at hand, but would follow up in the future.
John Jones spoke offering comments on Proposition 25 -- passing budget revisions from two thirds to a simple majority. His opposition to this measure stemmed from the fact that elected officials would have to pass a budget bill first, and that makes it what he called “a sugarcoating” of the basic problem. A balanced and sustainable budget passed each year does not require a two thirds majority, according to him, and other factors play a much larger role.
Scott Androtti spoke considering surveillance cameras along Main Street. Store owners are concerned over the potential affrontery to late-night city goers as opposed to discouraging late-night violence. His concern went even further in that law enforcement may rely on cameras to such an extent that the standard foot patrol presence will be downplayed or abandoned. His belief was that tax money to have cameras installed is not a good use of scarce funding.
The question was raised by the Mayor asking where the speaker had heard that there was a plan for public cameras on Main Street. The city manager responded saying that the only discussion remotely similar involves a municipal wi-fi network covering downtown. As a result of this type of technology being installed, should it come to pass, other technologies may then become available including those of a nature which raises the speaker's concerns. The city manager did, however, center on such technology as appropriate for use at “the pier.” Overall there are no moves in the direction of downtown cameras, according to City Manager Cole.
Representing the Taxpayers Association, the next speaker cited policy developments in city workers' pension programs. CalPERS pension negotiations should be considered for adoption – city of Ventura employees pay nothing for their pensions. The city should return to the 7% contributions for non-safety employees. Such a back door bonuses at retirement should be eliminated, he said. In 2009 one employee cashed out over $200,000 by one of these “backdoor” provisions. Taxpayers were surprised with a $5 million hit to their wallets in a new benefit package that allowed for potential doubling of these city workers' salaries.
The long-term unfunded liability for firefighters was mentioned by the Mayor as rationale for this speakers' concerns. The city manager promised to clarify to the public.
Brian Rencher spoke spoke on the income gap, declaring that we will not see a return to a level of the past. Mr. Rencher also presented a slide demonstration of weeds along Stanley Avenue – also on Kellogg Street – mentioning blight and unsightly conditions for the city. The slide presentation continued and showed numerous public space eyesores that have gone unattended by the city, warning of visitor turnoffs.
The next speaker, Camille, wished to thank the Mayor, Mr. Monahan and Mr. Brennan for their attendance at public meetings and forums supported by “grandfatherventura dot-com's” agenda. The issue turned to one of unemployment which locally has topped 11% according to the Ventura County Star. She noted that most of those who are suffering have no pensions and have lost up to 40% of the value of their homes. “Codes and penalties” have been brought before those who can least afford rectification, causing them to bear additional burdens, according to grandfatherventura.com.
The next speaker – the owner of a downtown thrift store business in the 300-block of Main Street – claimed that business went down in the first full week of the new parking program that had been installed. He also addressed a safety issue … parking in the rear directs traffic into poorly lit parking facilities, and could have negative impacts such as theft and other serious issues. This owner reiterated that tourism is down in the downtown area.
City Council Consent Items – the minutes at July 24 was first. Number three was postponed. Cancellation of the September 30 special meeting was included along with several other agenda items. Items to be pulled: Council Member Andrews offered his clarifications.
Brian Rencher supported recommendations on items three, four, five and eight. The proposed name change to Community Services should be opposed, according to him, while addressing the city council on behalf of the Ventura Redevelopment Agency Public Facility Financing Authority … saying that the council had already addressed this issue and it should be dropped. His claim was that Redevelopment Agency business when taken up before the city council constitutes a meeting of the Redevelopment Agency and should be given time for public comment at that time on its own – perhaps at the end of the city council meeting. Mr. Rencher continued with many of his prior comments on public communications.
Mr. Rencher noted also that Public Facilities Financing Authority business carries the same argument as before involving the Redevelopment Agency, and should apply to the Facilities Financing Authority business as well. He noted that the Financing Authority purchases collateral from the city and then sells it back as a way of financing debt. The Mayor agreed to look into one of Mr. Rencher's points with regard to the city's method of financing certain debts.
Council Member Brennan moved items one through eight within the amended minutes be brought up for vote. Mr. Monahan abstained from item number five. A second was obtained. The roll was taken and the overall minutes passed.
The California Street upgrades were discussed by staff – item numbers nine, ten and eleven beginning with the current number nine. A slide show was presented for the design phase giving the council directions on moving forward, potentially onto the construction phase
Existing conditions – noting (1) aesthetics, (2) dark at night (3) railing is low (4) exposed to the 101 freeway.
The old downtown specific plan concept was compared to the current downtown specific plan concept. Early preliminary designs were previously shown to this city council, noting that some design functions had been rejected. The design revisions centered on less impact to the structure and to 101 Freeway – improvements that included higher railings and better lighting. An artist's rendering was shown facing both directions on the pedestrian overpass. A detailing of the rail showed steel perforations rather than a solid wall.
Estimated costs were shown with a total arriving at a figure of $1,415,000. Available funding was shown with a figure standing at $1,595,000. It was noted that there is more funding available than required to cover costs.
“Where We Are” was covered by statistics involving grant funds and public outreach, which would include Design Review Committees planning, Commission public meetings and recommendations from the Public Art Commission.
Recommendations were: (1) proceed with public outreach and committee review, and (2) get back to city council for final directions.
Council Member Monahan requested clarification on the West side of the bridge, noting also that Caltrans has not been allowing pedestrians to access the East side of the bridge.
Council Member Morehouse questioned the use of restricted funds, wondering if they were so restrictive that they could not be used for other purposes – asking why have a pretty bridge “when I need my potholes fixed,” as he put it. The answer was that these are federal grant funds available for safety considerations. Restrictions have been programmed in early, according to Staff.
The Councilman's second concern was over the anti-graffiti plan and whether this would be workable, noting that with limited funding in the area of graffiti control it would be easy for the committee to remove this consideration. Staff went on to say that this project could have a 20 year life span, including the capping along the promenade.
Council Member Weir noted that during her visit to the South of France this summer, and the attractive bridges in the French countryside, exceptional lighting and good design seemed to be the rule rather than the exception, and her concerns were that there may not be sound deadening materials being used as a further enhancement. The answer came in the form of expenses that had gone out of reach. She also requested a review of the artist's rendering in some slides, wondering whether the renderings could be taken as realistic.
Council Member Brennan wondered if there was a rail grade consideration to be taken into account. Staff replied that there was a second component addressing the rail underneath, with the Public Utilities Commission having a special safety program – a factor which has helped elevate Ventura into a higher priority level for second-year funding. Councilman Brennan continued with his expression of interest in the railing height, feeling that the railing looked very low. His answer came – 40 inches high which is Caltrans minimal height. Staff reported that the minimum railing height has been raised to 52 inches, which would be safe for bicycle riding when next to the railing itself.
Councilman Brennan expressed interest in the gas tax funding that could be used. “Roadway” related makes this funding available according to Staff. Councilman Brennan moved that the recommendations be approved. The roll was taken. The measure passed unanimously.
With speakers available for items 10 and 11, the Mayor suggested that the order be inverted.
The state wide policy consideration on plastic bags was addressed by Councilman Morehouse. Several communities objected on measures involving loss of local control. The defeat of this measure is also backed by the petrochemical industry. Plastic bags continue to be a problem when deposited into the ocean. With the states unable to pass ordinances, the councilman suggested that our local responsibilities may include ordinances.
Other communities and coastal cities are working on this according to Councilman Brennan.. The County Board of Supervisors is wrestling with issues currently that may cost cities additional money in fines for not keeping estuaries and sensitive wetland areas clear of plastic litter. Taxpayer money in the amount $175,000 has already been spent in studies over what to do with plastic bags. Another $30-$40,000 per year will be expended in keeping areas clean in efforts to comply with county ordinances. The amount could reach a quarter of $1 million when all costs are added together – per year.
Public Communications – the first speaker, Doris, expressed a desire to keep plastic bags legal, but that education of the public might solve the problem. She mentioned also jobs that are involved in the manufacture of bags, wishing that the council would consider further extenuating circumstances. Council members had questions as follow-up – Councilman Morehouse reiterated the fact that the Council is in the process of asking Staff to research the problem, and that ordinances are not in the immediate offing.
Councilman Monahan also stated that the issue will again come up for public hearing. Councilman Brennan stipulated further that reusable plastic bags would not be impacted – the throwaway bags that everyone sees are the ones under consideration.
Brian Rencher spoke for a third time, agreeing with Council on the need for “interdiction” on behalf of the plastic bag problem ... noting, however, that plastic bags – even the throwaway type – have multiple uses.
Deputy Mayor Tracy expressed concerns over the enforcement issue where plastic bags would be the focus of the problem – noting that this is an additional burden not needed at government levels during times of staff reductions.
Council Member Andrews wished to reply to his colleagues' concerns for the environment, but also has problems with the proposal rather in line with the Deputy Mayor's concerns. Recognizing that this is to study the issue and noting that the study ends with the creation of an ordinance, the councilman issued the reminder that reusable bags are known to have health risks, including salmonella poisoning, and that it's not solely a time for the economic impacts to be raised. He also mentioned storm drain cleaning and those associated costs. The Councilman expressed concerns over potential litigation that could occur, and would not be welcome at this time.
The Mayor volunteered that a motion raised by the council would be supported by him. Council Member Brennan offered, in reply to these objections by others on the Council, that the petrochemical industry makes many of those same objections. The Councilman emphasized that this is not representative of “nanny” state ordinances, but rather that costs are the main policy considerations.
Council Member Weir called attention to the wording – “create an ordinance to eliminate” – does not appear to be the language that she could support. She prefers wording that indicates “staff time” and “working with other communities” as ways to go about reducing the impact of the problem.
Council Member Morehouse agreed with Council Member Weir's commentary. The procedure was interrupted with suspension of the motion until further public comment has been received
The speaker, Carla Bonney, self identified as a “Tea Party” member, claimed to have heard that the city council is about to outlaw plastic bags. The Mayor went ahead to clarify the situation with the speaker, indicating that direct communication with the city council members at this time was not under protocol. The speaker believed that the council is overreaching, and brought in mention of “Tea Party” sensitivity to the intrusion of government through its very participation in the debate over the issue of plastic bags.
Mr. Morehouse retook the floor in response to the speaker's comments while trying to dissuade her of any “nanny state” issues she may have had. “Work with other communities and research ways to decrease use of bags”, would be the wording preferred by Council Member Weir. Council Member Morehouse moved to approve Council Member Weir's recommendation.
Council Member Andrews wished to assure the council and the public that he has never been the recipient of monies from the petrochemical industry or agencies who are vested in the interest of plastic bags.
Council Member Monahan emphasized that other methods besides outlawing their use should be sought.
The Mayor asked at the roll be taken – the measure passed four votes to three, with Council Members Andrews, Morehouse and Tracy voting no.
Maintaining Public Places – staff members took the floor showing a presentation titled “Maintaining Clean and Inviting Public Places.” It was noted that the Public Works department and the Parks and Recreation departments work together to maintain public places. The Parks Division and the Streets Division share areas of maintenance that include (1) landscape, (2) parks maintenance, (3) grounds maintenance, (4) litter pickup, and (5) street sweeping.
Maintenance levels are impacted by (1) levels of funding, (2) priorities and (3) community use.
Maintenance reductions have been in evidence in areas of (1) our communities, (2) sidewalk repairs (3) litter pickup, (4) tree trimming, (5) landscape maintenance, and (5) parking lots.
Proposed performance measures include (1) median landscaping, (2) parking lot landscaping, (3) the reduction of public complaints by 25%
Proposed performance measures also included (1) new trees planted, (2) response to emergency, (3) reduce litter, and (4) eradicate graffiti within 24 hours.
Alternatives to staff recommendations would include (1) no use of proposed maintenance measures, (2) select other performance measures, or (3) revise recommended measures.
The city manager noted that some of these measures have been tracked at the tier-two level, But that the collection of “these numbers” is not adversely impact the study.
Mr. Monahan mentioned “trees in the Avenue area,” where a public citizen has been planting trees for 20 years at his own expense. Mr. Monahan has suggested that local communities may use volunteer work to obtain similar results while saving the city money.
Council Communications – Council Member Weir questioned the report on the basis of recommendations where volunteers are involved, questioning whether volunteers could perform the actual work involved with planting trees. The response was that there should be a public “eye” involved to monitor the results of volunteer work. The Councilwoman expressed concern over prevailing winds as are common in Ventura and that proper staking of new trees by professionals may in fact be required. Additional requirements or suggestions to the study might include “best practices” as part of the language that should be used.
Mayor Fulton seemed to agree, with the city manager claiming that some of what is being discussed might appear self-evident, including that a “fatigue measurement” provision could be included.
Council Member Andrews noted that there are community groups working on the Westside and doing very well with the city and with professionals in producing quality work.
The motion was made and seconded – with Mr. Monahan expressing preference for Evergreen or non-deciduous type trees making them attractive year-round. Deputy Mayor Tracy commented on the median uses along with maintenance, hoping that the guidelines would include both high and and low visibility areas.
The Mayor asked that the roll be called – the motion passed unanimously.
With no public communications or council communications being in evidence, the Mayor adjourned the meeting ... to be continued to the closed meeting on September 27.