City Council — 2020-09-22

Fire Safe Council Presentation

• Presentation addressed wildfire risk mitigation and current grant funding scarcity.
• Council inquired about coverage scope and alternative funding models like parcel taxes.
• Staff requested a feasibility memo on the proposed funding model for a future meeting.

Stewart Creek Canyon Restoration Project

• Item was pulled from the Consent Calendar to discuss Request for Bids language.
• Staff confirmed flexibility in tree removal terms and biologist involvement in planning.
• Council approved the project contract following the discussion and motion.

Public Hearing and Ordinance: Fences, Walls, and Hedges

• Proposed ordinance regulates fence heights and requires zoning clearance permits.
• Discussion balanced safety visibility needs with flexibility for pet containment.
• Ordinance passed subject to modifications for zero-setback fences and neighbor notification.

Coronavirus Response and Update

• Staff updated Council on local health statistics showing case increases but fewer hospitalizations.
• Ojai Day event was recommended for postponement due to costs and gathering restrictions.
• Information was provided on state tier systems and eviction moratorium protections.

Sterling Venue Ventures Agreement Amendment

• Agreement proposed a four-year extension with a flat fee per event.
• Maximum events per season were increased from 17 to 24 with administrative oversight.
• Motion passed to approve the agreement subject to scheduling conflict management.

Small Wireless Facilities Regulations (5G)

• Resolution amendment strengthens aesthetic stealth protections for cell tower installations.
• City Attorney noted federal preemption regarding health effect regulations.
• Council approved the resolution with a preamble sentence pausing installations pending investigation.

Extension of Agreement for Building and Safety Services

• Contract with Charles Abbott & Associates was extended for building and safety services.
• Fee reduction was included as part of broader budget stabilization efforts.
• Motion passed to approve the one-year extension agreement option.

• Meeting Date: October 5, 2020 Meeting Type: Regular City Council Meeting

Call to Order and Consent Calendar

• A quorum was established. A motion to approve the Consent Calendar was made and seconded. The motion passed without objection.

Agenda Item: Fire Safe Council Presentation

• A presentation was provided regarding wildfire risk mitigation strategies and funding. The discussion focused on the scarcity of current grant funding and potential alternative funding models, such as parcel taxes. Council members inquired about the scope of coverage (city versus valley versus county) and specific threats, such as ember production. Staff requested a detailed memo from the presenter regarding the feasibility of the proposed funding model for a future meeting.

Public Comments

• Several members of the public provided comments regarding the following:
• A request to approve a Mandala art project proposal in Libbey Park.
• Concerns regarding the use of herbicides in the Stewart Creek Canyon restoration project.
• Questions regarding the legality of open fires on private property.
• Staff clarified that open fires require permits under the City Code, and the Fire Chief noted awareness of unpermitted fires in a local preserve area.

Agenda Item: Stewart Creek Canyon Restoration Project

• This item was pulled from the Consent Calendar for discussion. Public concerns were raised regarding the Request for Bids (RFB) language, specifically regarding the discretion needed to determine which trees are removed versus preserved, and concerns about herbicide use. Staff clarified that flexibility exists within the bid terms and that a biologist will be involved in the planning. A motion was made to approve the project contract. The motion was seconded. The motion passed via roll call.

Agenda Item: Public Hearing and Ordinance: Fences, Walls, and Hedges

• A proposed ordinance was discussed to regulate fence heights and setbacks, requiring a zoning clearance permit for specific configurations. Discussion focused on safety visibility regarding property lines and driveways, as well as the need for flexibility for pet containment. Recommendations included a case-by-case review process and requirements for neighbor notification. A motion was made to approve the ordinance subject to modifications to include procedures for zero-setback fences and neighbor notification. The motion was seconded. The motion passed via roll call. Staff will finalize written edits for adoption at the next meeting.

Agenda Item: Coronavirus Response and Update

• Staff provided an update on local health statistics, noting an increase in cases but a decrease in hospitalizations and ICU usage compared to previous months. Discussion included case spikes related to specific facilities (such as senior centers and the county jail) and the potential impact of tourism, though staff noted a lack of granular data to pinpoint transmission sources locally. Information was provided regarding the state's tier system for business reopening and local testing availability. It was recommended that the Ojai Day event be postponed or cancelled due to cost and gathering restrictions. Staff also updated the Council on state and federal eviction moratorium protections.

Agenda Item: Sterling Venue Ventures Agreement Amendment

• A proposal was presented for a four-year extension of an agreement to host events at a flat fee per event. A request was included to increase the maximum number of events per season from 17 to 24. Concerns were raised regarding potential scheduling conflicts with traditional community events. It was determined that administrative discretion would be used to manage event scheduling conflicts. A motion was made to approve the agreement subject to administrative management of the event count. The motion was seconded. The motion passed via roll call.

Agenda Item: Small Wireless Facilities Regulations (5G)

• A resolution to amend existing small wireless facility regulations was discussed following a recent Ninth Circuit Court ruling. The amendment focuses on strengthening aesthetic "stealth" protections for cell towers. Concerns regarding health effects and radiation were raised by Council members. The City Attorney advised that federal law preempts regulation based on health effects but suggested a preamble sentence noting the City would pause installations pending investigation if federal law permitted. A motion was made to approve the resolution with the amended preamble sentence. The motion was seconded. The motion passed via roll call.

Agenda Item: Extension of Agreement for Building and Safety Services

• A proposal was presented to extend the contract with Charles Abbott & Associates for building and safety services. The proposal included a fee reduction in exchange for a one-year extension option. This measure is part of broader budget stabilization efforts. A motion was made to approve the agreement extension. The motion was seconded. The motion passed via roll call.

Council Reports and Future Agenda Items

• Sheriff Contract: Discussion occurred regarding outstanding payments and the current status of negotiations with the County regarding the law enforcement contract and facility lease.
• General Plan: Staff announced plans to relaunch the General Plan update, beginning with presentations to commissions.
• Elections: Information regarding the ballot drop box location and pickup schedule was provided.
• Oil Wells: A report was shared regarding idle and orphaned oil wells in California and a recent county postponement of a local flaring project.
• Future Items: A request was noted regarding a future agenda item for speed bump funding and the Sheriff contract negotiation.

Adjournment

• The meeting was adjourned following the Council Reports.