Meeting Summary
Present: Johnston, Blatz, Francina, Haney, Weirick
This summary was AI-generated to save you time. It may miss or misstate details, so verify against the official recording and the transcript.
At a glance
MOU with Ojai Garden Club
- Council directed staff to evaluate the proposed location and consider alternative sites before finalizing the agreement.
- An ad hoc Garden Committee was tasked with reviewing the MOU and location details.
- The item was amended to require a full MOU return to Council only after the location evaluation is complete.
603 Lyon Street Fence Appeal
- The Council upheld the Planning Commission's decision requiring a reduction in fence height for intersection visibility.
- Fines were waived, and reimbursement was set at $2,700 net of fines to address costs incurred due to a prior staff error.
- The decision balanced safety code enforcement with compensating the homeowner for the City's administrative mistake.
Coronavirus and Public Safety Updates
- Ventura County remains in the most restricted tier, prompting plans for weekly testing at Sarzotti Park.
- A cooling center was activated at the Void Center during a recent heatwave to serve residents.
- Staff warned of potential Public Safety Power Shutoffs and urged residents to sign up for emergency alerts.
Eviction Moratorium
- The Council determined that state law preempts the repayment period provisions of the city's existing executive order.
- Rather than formally modifying the order during the state-mandated freeze, the Council opted to issue a clarifying document.
- This memo will explain the preempted portions of the order and be posted on the city website.
League of California Cities Delegate
- Councilmember Randy Wyrick was designated as the voting delegate for the upcoming virtual meeting.
- Councilmember Susan Francina was appointed as the alternate delegate.
Fire Hazard Severity Map
- The Council continued the item to allow for further study on the proposal to designate the city as a Very High Fire Hazard Severity Zone.
- Staff was directed to return with specific details on regulatory commitments and enforcement requirements.
- The Fire Safe Council was invited to present at the next meeting to discuss fine-scale risk mapping efforts.
Council and Staff Reports
- Updates were provided on invasive species removal grants, greenhouse gas inventory requests, and traffic calming metrics.
- The Climate Committee is scheduled to meet with the Building Appeals Board regarding the Reach Code status.
- Future public tours of Stewart Canyon were recommended to clarify the restorative nature of the project.
Climate Change and Building Emissions
- Councilmember Johnston proposed placing the topic of building emissions back on the agenda for late October.
- The discussion highlighted the need to address both the causes and consequences of climate change.
- No formal motion was taken during this session.
Closed Session
- No closed session report was included in the provided meeting summary.
Full summary
Call to Order and Pledge of Allegiance
- The meeting was called to order by Mayor Johnston. A roll call established a quorum, and the Pledge of Allegiance was led by a staff member.
Consent Calendar
- The Council considered the consent calendar. Mayor Johnston requested that Item F be removed from the consent agenda for further discussion. A motion was made and seconded to approve the consent calendar with the exception of Item F. The motion passed.
Item F: Memorandum of Understanding (MOU) with Ojai Garden Club
- Discussion focused on an MOU regarding the use of city property by the Ojai Garden Club. Council members requested that the MOU explicitly authorize city staff to evaluate the proposed location and consider alternative sites. It was clarified that the MOU and location details should be reviewed by an ad hoc Garden Committee, which includes David White. The City Manager confirmed that staff would return to the Council with a full MOU once the location evaluation was complete. A motion was made and seconded to amend the instructions regarding Item F to include the scope for location evaluation and committee review. The amendment was approved without objection.
Discussion Item 2: Appeal of Planning Commission Decision (603 Lyon Street Fence)
- The Council heard an appeal regarding a Planning Commission decision on a non-conforming six-foot fence at 603 Lyon Street. Staff presented the case history, noting that a zoning clearance was initially issued in error and later revoked via a stop-work order. The Planning Commission had upheld the appellant's appeal with modifications requiring a reduction in fence height within the intersection visibility triangle. The property owner continued construction despite the stop-work order and pending appeal, resulting in citations. Staff recommended upholding the Planning Commission's decision and determining reimbursement for modifications necessitated by the staff error. The appellant presented her case, stating she had invested over $20,000 and completed the fence to prevent deterioration during the delay. She requested reimbursement of the estimated $2,700 cost for required modifications, citing the Planning Commission's recommendation that the City bear financial responsibility for the error. Written public comment was received stating the fence did not appear to be a visibility issue.
- During deliberation, Council members discussed balancing safety code enforcement regarding sight distance with compensating the homeowner for City errors. Concerns were raised regarding the appellant's decision to complete the fence after the Planning Commission's decision but before a financial agreement was finalized.
- A motion was made and seconded to waive fines and reimburse the appellant $1,350.
- An amendment was moved and seconded to waive fines and reimburse the full $2,700 estimate.
- A subsequent amendment was moved and seconded to set the reimbursement at $2,700 net of fines (effectively $1,700 in cash plus the waiver of fines). This amendment passed.
- The main motion, as amended, was put to a vote. The motion to uphold the Planning Commission's decision, waive fines, and provide up to $2,700 in reimbursement (net of fines) passed.
Coronavirus and Public Safety Updates
- The Mayor and City Manager provided updates on the coronavirus pandemic and public safety power shutoffs (PSPS).
- Coronavirus Status: The City Manager presented data showing an increase in cases in Ventura County, which was in the most restricted tier (Purple/Widespread) based on daily new cases per 100,000 residents and positive test rates. Metrics indicated 7.8 new cases per 100,000 and a 4.8% positive test rate. Staff noted that moving between tiers requires maintaining specific metrics for 14 days and discussed challenges regarding testing lag times and the operation of charitable organizations and schools. Plans were announced to launch weekly testing in the Ojai Valley, tentatively at Sarzotti Park, and ongoing work on antibody testing. The City activated a cooling center at the Void Center during a recent heatwave, serving 17 people.
- Public Safety Power Shutoff: Staff provided an update regarding a potential PSPS by Southern California Edison due to wind conditions, noting that parts of Ojai were included in the consideration affecting approximately 7,000 Ventura County residents. Residents were urged to sign up for VC Alert and city text messages.
Eviction Moratorium
- The City Attorney analyzed the interaction between federal, state, and local eviction moratoriums. It was determined that the federal CDC order does not preempt local orders, but the state order has preempted the repayment period provision of the city's existing Executive Order No. 4. The state requires that for indefinite repayment periods, repayment must begin on March 1, 2021, and be completed within six months. The state also prohibits cities from modifying eviction protection orders between August 19 and January 31. While residential tenant protections are affected, commercial tenant protections remain under city control. Options discussed included issuing a clarifying letter, taking no action, or rescinding the local order. A motion was made to modify the current residential eviction moratorium order to be consistent with state law timelines or to create a cover memo to clarify the rules. The motion was seconded. The Council decided to proceed with creating a clarifying document (memo or letter) to be posted on the city website to explain the preempted portions of the order, rather than formally modifying the executive order during the state-mandated freeze period.
Designation of Voting Delegate to League of California Cities
- The Council discussed the designation of a voting delegate for the League of California Cities, confirmed to be a virtual meeting. A motion was made to designate Councilmember Randy Wyrick as the voting delegate and Councilmember Susan Francina as the alternate. The motion was seconded. The Council voted to approve the designation.
Fire Hazard Severity Map
- The Building Appeals Board (BAB) Chair and Building Official presented a recommendation to adopt a Fire Hazard Severity Zone map designating the entire city (except Simmon Hill) as a "Very High Fire Hazard Severity Zone." The presentation highlighted that the current 2007 Cal Fire map is inaccurate and that adoption would require enforcement of Public Resources Code sections 4290 and 4291, including 100 feet of defensible space. Council members questioned the impact on insurance rates, property values, and the necessity of the map given existing knowledge of fire risks. Concerns were raised regarding the lack of granularity in the current map and the need for fine-scale risk mapping. Public comment was received from residents and the Ojai Valley Fire Safe Council Executive Director, who noted the current map's limitations and discussed ongoing efforts to secure grants for detailed risk mapping and home hardening assessments. A motion was made to continue the item to the next council meeting for further study and to invite the Fire Safe Council to provide a presentation. The motion was seconded. The Council voted to continue the item, with a directive for staff to return with specific details on regulatory commitments and a request for the Fire Safe Council to present at the next meeting. The item was scheduled to be reconsidered no later than the last meeting in October.
Council and Staff Reports
- Invasive Species Removal Grant: Councilmember Bill Miley reported on a site visit regarding a grant for invasive species removal in Stewart Canyon, noting neighbor concerns regarding privacy screening and potential trade-offs between removing mature trees versus seedlings.
- Greenhouse Gas Inventory: Councilmember Ryan Seibert reported on an APCD meeting regarding a request for a greenhouse gas inventory for Ojai.
- Stewart Canyon Tour: Councilmember Susan Francina reported on a tour of Stewart Canyon with neighbors and volunteers, recommending future public tours and a press release to clarify the restorative nature of the project.
- Traffic Calming Demonstration Project: Councilmember Bill Miley inquired about metrics for the traffic calming demonstration project. Staff indicated they would seek to add a speed survey to the existing Caltrans study data.
- Reach Code: Councilmember Johnny Johnston inquired about the status of the Reach Code. Staff reported that the Climate Committee had provided requested information and a meeting with the BAB was being scheduled for late September.
- Upcoming Agenda: Staff outlined tentative items for the September 22nd meeting, including the Fire Safe Council presentation, Title 10 revisions from the Planning Commission, a coronavirus update, and the Sterling contract extension.
Climate Change and Building Emissions
- Councilmember Johnny Johnston raised the topic of climate change, noting public commentary regarding the council's response. He stated agreement on the need to address both the consequences and causes of climate change, citing statistics suggesting that a significant portion of carbon emissions originates from buildings. Johnston proposed that the matter be placed back on the agenda for council consideration in late October to ensure timely action. No formal motion was moved, seconded, or voted upon during this discussion.