City Council — 2020-09-22September 22, 2020

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BodyCity Council
MeetingRegular Meeting
Date📅 September 22, 2020

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Meeting Summary

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Present: Johnston, Blatz, Francina, Haney

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

Fire Safe Council Update

  • The Council reviewed wildfire mitigation challenges, including a 9% state grant funding rate and organizational roadmaps.
  • Members debated whether to focus funding efforts within city limits or adopt a broader Ojai Valley approach.
  • The Council directed staff to prepare a detailed memo on funding models, such as a parcel tax, for future review.

Middle Stewart Creek Canyon Restoration Project

  • Council members expressed concern that the Request for Bids lacked sufficient discretion regarding tree removal and plant sizing.
  • Staff clarified that the bid includes a 25% variance allowance and that the City retains project management authority.
  • The Council approved the Request for Bids with a 30-day period for members to verify flexibility provisions with the Public Works Director.

Fences, Walls, and Hedges Ordinance

  • Staff presented a draft ordinance proposing height limits, setback requirements, and a $50 zoning clearance fee.
  • Public comment highlighted concerns that setbacks would eliminate small front yards and requested flexibility for dog containment.
  • The Council approved the ordinance subject to modifications adding city review procedures for zero-setback fences and neighbor notification.

Coronavirus Response and Update

  • Staff reported a rise in local cases to 115 while noting decreased hospitalizations and no specific city hotspots.
  • The Council discussed the cancellation of "Ojai Day" due to county gathering restrictions and high traffic control costs.
  • Updates included free testing availability, outdoor dining permits, and the continuation of state and federal eviction moratoriums.

Sterling Venue Ventures Agreement

  • Staff proposed a four-year extension with a flat fee of $2,500 per event and an increase from 17 to 24 events.
  • Members agreed that additional events would be managed at the City Manager's administrative discretion to avoid conflicts.
  • The Council approved the agreement extension with the specified fee and administrative management conditions.

Small Wireless Facilities Regulations

  • The City Attorney recommended strengthening stealth requirements following a Ninth Circuit ruling affirming local aesthetic authority.
  • A proposed preamble regarding health concerns was amended to state the city would pause installation pending federal health investigations.
  • The Council approved the resolution with the suggested amendment to the preamble.

Building and Safety Services Contract

  • Staff presented a proposal to extend the contract with Charles Ablett & Associates with a fee reduction from 65% to 62%.
  • The agreement includes a one-year term with a mutual extension option and maintains current staff levels.
  • The Council approved the contract extension to realize potential annual savings of $10,000 to $15,000.

Council Member Reports

  • Members discussed ongoing negotiations for the Law Enforcement contract and the status of unpaid Sheriff's invoices.
  • Updates were provided on the General Plan relaunch, the Coningston Road project postponement, and orphaned oil well verification.
  • Staff confirmed election information availability and agreed to report on speed bump funding for a future decision.

Closed Session

  • No closed session report was included in the provided meeting summary.

Full summary

Call to Order and Roll Call

  • The regular meeting of the Ojai City Council was called to order by Mayor Johnny Johnston. A roll call was conducted, establishing a quorum, followed by the Pledge of Allegiance.

Approval of Agenda and Consent Calendar

  • The Council discussed the agenda, with Mayor Johnston noting that Item I (Middle Stewart Creek Canyon Restoration Project) would be removed from the consent calendar for separate discussion. No other items were requested for removal. A motion was made and seconded to approve the consent calendar as amended. The motion passed without objection.

Presentation: Fire Safe Council Update

  • Chris Danch of the Fire Safe Council presented an update on wildfire risk mitigation, funding challenges, and organizational activities. Key points included a 9% funding rate for recent state grant applicants due to increased competition and budget freezes, a roadmap focusing on community empowerment and resiliency, and updates on specific projects such as grazing programs, risk mapping, and a potential community microgrid. The presentation highlighted the need for consistent baseline funding, citing the Marin County Wildfire Prevention Authority model as a potential example involving a parcel tax. Council members discussed the scope of funding and jurisdiction, debating whether to focus efforts within city limits or adopt a broader Ojai Valley approach. The Council agreed that a detailed discussion memo regarding funding models should be prepared for future review.

Public Comment

  • Three public comments were received: 1. Representatives of the "Mandala Mavens" requested permission to paint a socially distanced mandala in Libbey Park in October, inquiring about the use of city supplies, transport, and a potential honorarium. 2. A resident expressed concern regarding the proposed use of glyphosate in the Middle Stewart Creek Canyon restoration project, citing health and environmental risks, and requested a pause on the project. 3. A Council member raised concerns about unattended open fires on private property. Staff clarified that City Code requires a permit for any open fire and advised the public to report violations. The Fire Chief noted that recent fires in the Meadow Preserve were under investigation.

Item I: Middle Stewart Creek Canyon Restoration Project

  • This item was pulled from the consent calendar for detailed discussion regarding the Request for Bids (RFB). Council members expressed concerns that the RFB language lacked sufficient discretion regarding the removal of large trees and the size of replacement plants, potentially limiting flexibility for viewsheds or habitat preservation. Staff clarified that the RFB includes a 25% variance allowance for tree removal, that the City retains project management, and that the biologist's role is limited to monitoring. A debate ensued regarding the balance between flexibility and the risk of micromanagement. A motion was made to approve the RFB as submitted, with the understanding that Council members have a 30-day period to verify flexibility provisions with the Public Works Director. The motion was seconded and passed unanimously.

Public Hearing and Ordinance: Fences, Walls, and Hedges

  • The Council opened a public hearing on a proposed ordinance regarding fences, walls, and hedges. Staff presented a proposal including a $50 zoning clearance fee, allowing fences up to 3 feet at the property line and up to 4 feet if set back 5 feet, maintaining requirements for structures over 4 feet, prohibiting chain-link and barbed/razor wire (with permit options), and establishing a 7-foot maximum combined height for fences and retaining walls. Staff confirmed that setback and height rules apply to all street-facing frontages of corner lots. Discussion continued regarding the draft ordinance. Public comment expressed concern that a 5-foot setback would eliminate small front yards and proposed allowing 4-foot fences at the property line for dog containment. Council members discussed the trade-off between dog containment and vehicle safety line-of-sight. Suggestions included permitting 4-foot zero-setback fences if they are not solid or subject to case-by-case review, and requiring neighbor notification for zoning clearance applications. A motion was made to approve the ordinance subject to modifications: adding a procedure for city review approval of 4-foot zero-setback fences and a procedure for neighbor notification via posting or direct communication. The motion was seconded. Staff confirmed the motion provided sufficient specificity for written edits prior to adoption at the next meeting. A roll call vote was conducted, and the motion passed.

Coronavirus Response and Update

  • Staff presented an update on COVID-19 statistics for the 93023 zip code, noting an increase in total cases from 29 to 115 over two months, while hospitalizations and ICU admissions decreased. Ventura County remains in the "widespread" risk category, with spikes attributed to senior housing and jails. Staff confirmed no specific local hotspots were identified within the city. The presentation outlined requirements for the county to move to the next tier, including business capacity changes, and reported on free testing at Sarzadi Park and the issuance of 20 outdoor dining permits. Staff noted that state and federal eviction moratoriums remain in place. Discussion ensued regarding the cancellation of "Ojai Day." Staff explained that due to county orders prohibiting gatherings and the high cost of traffic control, the event was recommended for postponement or cancellation. Alternative socially distanced events were being explored.

Proposed Second Amendment Agreement with Sterling Venue Ventures

  • Staff presented a proposal to extend the agreement with Sterling Venue Ventures for four years at a flat fee of $2,500 per event. The current agreement allows for 17 events per season; Sterling requested an increase to 24 events to reschedule those missed due to the pandemic. Council members discussed managing potential conflicts between Sterling events and traditional community events. It was agreed that the increase in events would be managed at the administrative discretion of the City Manager rather than creating an entitlement. A motion was made to approve the four-year extension with the $2,500 per event fee, subject to the additional events being managed at the City Manager's administrative discretion. The motion was seconded. A roll call vote was conducted, and the motion passed.

Small Wireless Facilities Regulations (5G Update)

  • The City Attorney presented proposed amendments to small wireless facilities regulations following a Ninth Circuit Court of Appeals ruling affirming local authority over aesthetic concerns. Staff recommended strengthening stealth requirements to mandate "all technically feasible stealth techniques" while maintaining the prohibition on faux trees. A Council member expressed concern regarding health effects and proposed a preamble stating the city would decline 5G deployment until proven safe. The City Attorney advised that health effects are preempted by federal law and recommended against language that could be legally challenged, suggesting instead a sentence stating the city would pause installation pending health investigations if federal law permitted. A motion was made to approve the resolution with the suggested amendment to the preamble. The motion was seconded. A roll call vote was conducted, and the motion passed.

Extension of Agreement for Building and Safety Services with Charles Ablett & Associates

  • Staff presented a proposal to extend the contract with Charles Ablett & Associates for building and safety services. The proposal included a fee reduction from 65% to 62% of the first $30,000 collected monthly, potentially saving $10,000–$15,000 annually, while maintaining current staff levels and counter hours. The agreement includes a one-year term with a mutual one-year extension option. A motion was made to approve the contract extension. The motion was seconded. A roll call vote was conducted, and the motion passed.

Council Member Reports

  • Law Enforcement Contract: A Council member provided a statement regarding unpaid invoices to the Sheriff's Department and the lack of a current contract. Another Council member noted that negotiations are ongoing and should be handled through the City Manager and City Attorney.
  • Community Updates: A Council member congratulated local filmmakers on a documentary premiere and highlighted an article on complete street implementation.
  • Oil Wells: The Mayor reported on a webinar regarding orphaned and idle oil wells and the city's intent to verify if any exist near the city border.
  • Coningston Road Project: Staff reported that the Ventura County Board of Supervisors postponed the Coningston Road project pending the adoption of the County General Plan.
  • Election Information: Staff announced that election information, including a map to the ballot drop box, is available on the city website.
  • General Plan Update: Staff outlined plans to relaunch the General Plan update process, starting with presentations to commissions in October.
  • Speed Bump Funding: A Council member inquired about donated funds for speed bumps. Staff agreed to provide an update on the amount raised and costs for a decision on matching funds.

Future Agenda Items

  • Discussion regarding future agenda items was opened. No motions were moved, seconded, or decided, and no votes were taken during this segment.