City Council — 2022-08-23August 23, 2022

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BodyCity Council
MeetingRegular Meeting
Date📅 August 23, 2022

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Meeting Summary

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Present: Stix, Haney, Blatz, Francina, Weirick

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At a glance

2022 Ojai Day Poster

  • The winning artwork "The Bounties of Ojai" by Gail Childress was selected from nine submissions.
  • The artist received a $250 prize, and the poster is scheduled for release in mid-September.
  • Discussion noted the high quality of all entries and the possibility of displaying non-winning works.

Animal Ordinance Amendment

  • The ordinance updates terminology and transfers nuisance complaint hearing responsibility from the county to the city.
  • Concerns regarding the euthanasia clause led to an amendment restricting euthanasia to animals in severe pain.
  • The amended ordinance was adopted to align with Ventura County Animal Services best practices.

League of California Cities Delegate Selection

  • Mayor Stix was nominated and designated as the voting delegate for the annual conference.
  • No alternate delegate was selected for the upcoming event.

Resolution Supporting Reproductive Rights

  • A resolution was presented to support women's reproductive rights and designate the city as a "right-to-choose sanctuary."
  • Discussion included support for the measure alongside concerns about its practical impact.
  • The resolution was adopted by the Council.

Wireless Facility Permit (202 West Ojai Avenue)

  • AT&T requested approval to expand a rooftop enclosure to house nine antennas and raise the parapet to 35 feet.
  • The proposal met all aesthetic and siting standards despite federal limitations on denying facilities based on emissions.
  • The permits were approved without conditions regarding a separate parking lot maintenance issue, which code enforcement will address independently.

ADU Sprinkler Requirement Appeals (112 Shady Lane)

  • Three appeals were filed regarding the cancellation of a Building Appeals Board hearing on fire sprinkler mandates.
  • Staff clarified that the Board lacks jurisdiction over Fire Department decisions, which had since removed the requirement.
  • The Council denied all three appeals, noting the Fire Department has its own appeals process.

Community Service Grants Funding

  • The Council funded the Ojai Valley Green Coalition, Ojai Community Farmers Market, and Ojai Valley Family Shelter.
  • Additional grants were approved for the Ojai Valley Chamber of Commerce and the Ojai Valley Fire Safe Council.
  • Funding for the Higher Ed program and Girls Empowerment Workshop was approved contingent on securing matching funds.

Urban Forestry Management Plan and Utility Tree Maintenance

  • Discussion addressed the ongoing status of the Urban Forestry Management Plan and utility tree trimming activities.
  • Staff reported that code enforcement is monitoring utility crews and reviewing arborist reports for potential regulation updates.
  • No formal motion was taken, but members noted the need to potentially increase penalties for non-compliance.

Water Conservation and Turf Replacement

  • Staff reported that the city is exceeding water savings expectations by 40% through current conservation efforts.
  • Guidance was provided to ensure existing trees are drip-irrigated when residents remove turf.
  • No formal motion was taken during this discussion.

Future Agenda Items

  • The City Attorney updated the Council on the lawsuit challenging the Pine Mountain logging project, noting the Forest Service conceded the city's standing.
  • Council members determined that the Urban Forestry Management Plan and arborist hiring should be added to future agendas.

Closed Session

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

Full summary

Call to Order and Roll Call

  • The meeting was called to order with a quorum present. Attendance was confirmed for Mayor Stix, Mayor Pro Tem Haney, and Council Members Blatz, Francina, and Wyrick (attending remotely).

Approval of the Agenda

  • A motion was made and seconded to approve the agenda. The motion passed.

Presentation: 2022 Ojai Day Poster

  • Ben Harvey presented the results of the 2022 Ojai Day poster competition. Nine submissions were reviewed by a panel of judges. The winning artwork, "The Bounties of Ojai" by Gail Childress, was selected, and the artist received a $250 prize. The poster is scheduled for release in mid-September. Discussion noted the quality of all submissions and the possibility of displaying non-winning entries. No motion or vote was taken.

Commission Reports

  • No commission reports were submitted.

Public Comment

  • Public comment was opened for items not on the agenda. Speakers included candidates for City Council in Districts 1 and 3, representatives from Ojai Trees and the Ojai Art Center Theater, and community members. Topics included requests for a full-time accredited arborist and a tree department, criticism of utility tree trimming practices, suggestions to invite the Lake Casitas Municipal Water District to present an annual report, announcements of candidate forums, and comments on fire safety and defensible space.

Consent Calendar

  • A motion was made and seconded to approve all consent calendar items except Item J (Animal Ordinance), which was pulled for separate discussion. The motion to approve the remaining items passed.

Item J: Animal Ordinance Amendment

  • Discussion focused on an ordinance amending Title 5, Chapter 4 of the Ojai Municipal Code to align with Ventura County Animal Services best practices. Changes included updating terminology and transferring responsibility for nuisance complaint hearings from the county to the city. Concerns were raised regarding the euthanasia clause, specifically the lack of a requirement to contact rescue groups before euthanizing an animal not in severe pain. Staff clarified that the city intends to strengthen the ordinance in the future but needed to adopt the current version to meet county requirements. A motion was made to adopt the ordinance with an amendment restricting the director's authority to euthanize an animal only if it is in severe pain and not likely to survive. The motion was seconded and passed.

Item 4: League of California Cities Delegate Selection

  • Mayor Stix nominated herself to serve as the voting delegate to the League of California Cities annual conference. A motion was made and seconded to designate Mayor Stix as the delegate. No alternate was selected. The motion passed.

Item 6: Resolution Supporting Reproductive Rights

  • A resolution was presented to support women's reproductive rights and authorize the City of Ojai to become a "right-to-choose sanctuary city." Discussion included support for the resolution and concerns regarding its practical impact and characterization as "virtue signaling." A motion was made and seconded to adopt the resolution. The motion passed.

Public Comment on Consent Item G (Special Events)

  • A public commenter expressed concern regarding a moratorium on new large festivals in Libbey Park. Staff clarified that the city is not canceling existing events but is pausing approval for new large festivals to manage resources.

Public Hearing: Design Review Permit DRP 20-004 and Conditional Use Permit CUP 20-005 (Wireless Facility)

  • A public hearing was held regarding a request by AT&T to expand an existing rooftop mechanical equipment enclosure at 202 West Ojai Avenue to install an unmanned wireless facility. The proposal involved raising the parapet to 35 feet and expanding the footprint to house nine antennas. Staff noted that while federal law limits the city's ability to deny facilities based on radiofrequency emissions or height, the city retains authority over aesthetic standards. The proposal met all aesthetic and siting standards.
  • Discussion addressed federal limitations on denying the facility and the justification for improved cellular coverage. Concerns were raised regarding the maintenance of a parking lot across the street owned by the same entity. Staff indicated that the wireless facility application is distinct from a prior 1978 CUP for a wired facility and that federal laws limit the city's ability to condition the new permit on the maintenance of the parking lot. Staff recommended that code enforcement address the parking lot issues separately. The applicant's representative declined to commit to fixing the parking lot during the meeting, citing a lack of authority.
  • A motion was made and seconded to approve the Design Review Permit and Conditional Use Permit for the wireless facility without conditioning it on the parking lot maintenance, with the understanding that code enforcement would pursue the parking lot issue separately. The motion passed.

Public Hearing: Appeals Regarding ADU Sprinkler Requirements (112 Shady Lane)

  • The Council held a public hearing on three appeals filed regarding the cancellation of a scheduled Building Appeals Board hearing. The underlying issue involved a Ventura County Fire Department requirement for fire sprinklers in a new accessory dwelling unit (ADU). Staff reported that the Building Appeals Board lacks jurisdiction over Fire Department decisions based on the Fire Apparatus Access Code, as the Board only has jurisdiction over Building Official decisions or determinations based on City or State Building/Housing Codes. Staff noted that the Fire Department had since revised its decision, removing the sprinkler requirement.
  • Appellants argued that the cancellation of the hearing denied due process rights and requested the Council uphold the appeals to establish a precedent. Public comment included testimony from a Ventura County Fire Marshal clarifying that the sprinkler requirement was an option, not a mandate, and that the Fire Department has its own appeals process.
  • A motion was made and seconded to deny the three appeals. The motion passed.

Community Service Grants Funding

  • Staff presented a report on the community service grant program, noting a budget of $151,000 for general grants. The city received 14 applications requesting over $340,000. The Budget Committee recommended funding three organizations: the Ojai Valley Green Coalition ($30,000), the Ojai Valley Chamber of Commerce ($66,000), and the Ojai Community Farmers Market ($6,950). Public comment included requests for funding from the Ojai Valley Fire Safe Council and the Ojai Valley Family Shelter, as well as questions regarding the Chamber of Commerce's eligibility.
  • The Council took the following actions:
  • A motion was made and seconded to fund the Ojai Valley Green Coalition and the Ojai Community Farmers Market, while deferring discussion on the Chamber of Commerce and remaining funds. The motion passed.
  • A motion was made and seconded to approve the $66,000 grant for the Ojai Valley Chamber of Commerce. The motion passed.
  • A motion was made and seconded to fund the Ojai Valley Family Shelter for $10,000. The motion passed.
  • A motion was made and seconded to fund the Ojai Valley Fire Safe Council for $25,000. The motion passed.
  • A motion was made and seconded to fund the Ojai Higher Ed program ($10,000) and the Girls Empowerment Workshop ($5,000), contingent upon each organization securing matching funds. The motion passed.

Council Member Reports

  • Council members discussed the proposed Ventura County sales tax measure (AB 2453) for transportation projects and shared tributes to the late Carmen Ramirez, a former Ventura County Supervisor. A public service announcement regarding driving safety during sunset glare conditions was issued.

City Manager's Report

  • Staff confirmed that city flags were flown at half-staff in memory of Carmen Ramirez. The City Manager announced an upcoming public meeting regarding the Community Disaster Guide.

Future Agenda Items

  • The City Attorney provided an update on the lawsuit challenging the U.S. Forest Service's approval of the Pine Mountain logging project, noting the Forest Service had conceded the city's standing to sue. Council members discussed the Urban Forestry Management Plan and the hiring of an arborist, determining these topics should be added to the future agenda.

Urban Forestry Management Plan and Utility Tree Maintenance

  • Discussion focused on the status of the Urban Forestry Management Plan, which has been in process for approximately two years. No specific completion date was provided due to personnel changes. The discussion also addressed utility tree trimming activities by Southern California Edison. Staff reported that code enforcement is monitoring these activities and that recent incidents resulted in utility crews departing the site upon being observed. Members discussed the potential need to increase penalties for non-compliance and the ability to issue citations. It was noted that the city has an arborist on contract and that utility companies are required to provide arborist reports. Staff indicated that reviewing these reports to determine if regulations should be strengthened is a logical next step. No formal motion was made, seconded, or voted upon.

Water Conservation and Turf Replacement

  • Staff reported on outreach regarding water conservation and the old turf replacement program. It was determined that the city is already exceeding water savings expectations by 40%. The discussion emphasized the importance of preserving existing trees during landscaping changes and advised that residents removing turf must ensure existing trees are drip-irrigated. No formal motion was made, seconded, or voted upon.

Adjournment

  • The meeting was adjourned.