City Council — 2024-04-09

Commission Vacancies and Rotation

• Council deferred consideration of the midterm Planning Commission vacancy until May.
• The deferral aligns the appointment with other expiring seats on the rotation list.
• The motion to postpone the nomination process was approved.

Short-Term Rental Ordinance Revision

• Staff proposed enhanced enforcement tools including increased fines and revenue disgorgement.
• Council established a minimum rental length of 30 days and removed existing exemptions.
• An amendment required City consent before private citizens could file enforcement lawsuits.
• The revised ordinance passed with the agreed-upon amendments.

Closed Session

• The Council discussed real property negotiations for the Habitat for Humanity project.
• Legal counsel was consulted regarding existing litigation involving state water resources.

Ojai City Council Meeting Summary

1. Commission Vacancies and Rotation

• The meeting began with a discussion regarding vacancies on the Planning Commission and other city commissions. The City Clerk had not yet finalized the rotation list for all upcoming vacancies.
• Motion: Council Member Lange moved to defer consideration of the current midterm Planning Commission vacancy until the scheduled nomination process in May. Mayor Pro Tem Whitman seconded the motion.
• Rationale: This deferral would allow the Council to address the vacancy alongside the three other seats expiring in May once the City Clerk provides the full rotation list.
• Outcome: The motion to defer passed unanimously.

2. Short-Term Rental (STR) Ordinance Revision

• The primary agenda item was a discussion and vote on a revised ordinance strengthening the city's prohibition on short-term rentals.
• Staff Report: Staff presented an ordinance with enhanced enforcement tools, including increased fines, disgorgement of unlawful rental revenues, and liens. The proposal also discussed setting the minimum rental length at either 30 days or 90 days. Staff recommended a new enforcement software provider (Rentalscape) to assist with compliance monitoring.
• Public Comment: Residents offered mixed feedback.
• Stricter Restrictions: Several residents argued for a 90-day minimum or a total ban on vacation rentals, citing housing shortages, tourism congestion, and the difficulty of enforcement.
• Flexibility: Others supported maintaining a 30-day minimum with exemptions for local landlords needing flexibility (e.g., house swaps, temporary sublets).
• Enforcement Concerns: Commenters emphasized that strong language is useless without dedicated staffing and enforcement resources.
• Council Discussion:
• Minimum Length: The Council agreed to set the prohibition on rentals of less than 30 days (rather than "one calendar month" or "90 days"). This aligns with the city's Tenant Protection Ordinance.
• Exemptions: The Mayor proposed removing various exemptions (domicile, fractional ownership) to create a clearer, simpler policy with fewer loopholes.
• Enforcement: Council unanimously supported increasing penalties to include both standard fines and disgorgement of unlawful profits.
• Private Enforcement: There was significant debate regarding allowing private citizens to sue for violations. Concerns were raised about frivolous or vindictive lawsuits between neighbors.
• Amendment: To address these concerns, the Council amended the motion to require City consent before a private lawsuit can be filed. This ensures the City validates the claim, providing protection against nuisance litigation while maintaining the "private attorney general" incentive for legitimate violations.
• Vote: A motion to pass the ordinance with amendments (30-day limit, removed exemptions, stronger penalties, and City consent for private suits) was made by the Mayor and seconded by Council Member Lange.
• Outcome: The motion passed 5-0.

3. Public Communications

• During the remainder of public comment, Wendy Hilgers offered a tribute to Nancy Hill, a long-time Ojai volunteer who had passed away that day. She was remembered for her work organizing Memorial Day celebrations and supporting clients within the community.

4. Closed Session

• The Council adjourned to a closed session to address two items:
• Conference with real property negotiators regarding the Habitat for Humanity project on Montgomery Street.
• Conference with legal counsel regarding existing litigation (Santa Barbara Channel Keeper vs. State Water Resources Control Board / City of San Buenaventura vs. Abbott).

Meeting Adjourned.