City Council — 2024-04-09April 9, 2024

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BodyCity Council
MeetingRegular Meeting
Date📅 April 9, 2024

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Meeting Summary

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Present: Stix, Whitman, Rule, Lang, Francina

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

Arts Commission Appointment

  • David Leeds was introduced as a candidate with a background in art history and filmmaking.
  • The council unanimously approved his appointment to the Arts Commission.
  • No formal motion was taken during the initial informational report segment.

Ventura County Broadband Strategic Project

  • Representatives presented a plan to address the digital divide affecting 25% of families with children.
  • The consortium requested a city staff liaison to assist with data collection and survey distribution.
  • Council members discussed the importance of broadband access for students without requesting funding.

Planning Commission Appointment

  • The council debated the appointment process and the qualifications required by city ordinance.
  • Concerns were raised regarding individual interviews and the lack of specific planning training on the current commission.
  • The council voted to defer the decision until the scheduled nomination process in May.

Short-Term Rental Ordinance Revision

  • The council revised the ordinance to prohibit rentals of less than 30 days and removed specific exemptions.
  • Penalties were strengthened to require both fines and the disgorgement of unlawful rental revenues.
  • Private enforcement provisions were amended to require city consent before a civil suit can be filed.
  • Staff was directed to consider dedicating additional resources to enforcement efforts.

Closed Session

  • The council discussed the North Montgomery Street property for the Habitat for Humanity project.
  • An update was provided on ongoing litigation regarding water resources.
  • No reportable actions or votes were taken during the closed session.

Full summary

Call to Order and Roll Call

  • The meeting was called to order by Mayor Stix, who confirmed a quorum. The roll call was conducted with all council members present, followed by the recitation of the Pledge of Allegiance.

Approval of Agenda

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

Commission Reports: Arts Commission

  • Chair Smitty of the Arts Commission provided an informational report regarding the upcoming April meeting and the commission's near-full slate of members. David Leeds was introduced as a candidate for the fifth commissioner position. Mr. Leeds described his background as an art historian, filmmaker, and business professional, as well as his long-term residency in Ojai. Council members expressed appreciation for his qualifications. No formal motion regarding the appointment was taken during this segment.

Presentation: Ventura County Broadband Strategic Project

  • Representatives from the Economic Development Collaborative and the Pacific Coast Broadband Consortium presented an update on the Ventura County Broadband Strategic Project. The presentation outlined the consortium's role as a facilitator focusing on coordination, advocacy, and digital equity, funded by SB 156. Key points included the goal of addressing the digital divide, noting that approximately 25% of families with children in Ventura County lack high-speed internet access. Activities include convening a working group, collecting data via surveys and speed tests, and creating GIS maps to identify underserved areas. The goal is to produce a regional broadband plan with specific chapters for each city, including Ojai. The presenters requested continued support from the City of Ojai, specifically asking for a staff liaison to join the working group and assistance in distributing surveys and speed tests. No funding was requested. Council members discussed the importance of digital equity and broadband access for students. One council member expressed concern regarding over-dependence on technology, while another volunteered to serve as the staff liaison. No formal motion was taken.

Public Comment

  • The public comment period addressed items not on the agenda. Speakers included:
  • Ron Solorzano, who announced upcoming events at the Ojai Library for National Library Week.
  • Hannah Drumwright, who spoke regarding the denial of Temporary Use Permits (TUPs) for the Ojai Artisans Market, requesting a case-by-case review.
  • Len Clayford, who raised concerns about unsafe curb ramps and lack of sidewalks along Highway 150.
  • Leanna McNeely, representing "Better Solutions for Ojai," who urged the council to find a permanent site for the homeless encampment outside of the residential area surrounding City Hall.
  • Robert Graham, who reiterated concerns regarding unfinished curb cuts and holes at major intersections by Caltrans, requested action on speed limit inconsistencies, and introduced himself as an applicant for the Planning Commission.
  • River Sauvageau, who supported the Ojai Artisans Market.
  • Teresa Holliman of Dance Ojai, who thanked the council for a 2024 art grant and invited them to the Ojai World Dance Festival.
  • Vicki Carlton-Byrne, who asked for cost details regarding the "Simply Ojai" lawsuit, requested action on Caltrans issues, inquired about funding for the ATP project, and raised concerns about sonic booms from SpaceX launches.
  • Starchild, who discussed pedestrian safety at the Signal Street crossing and shared community perspectives on noise from the pickleball courts.
  • Leslie Hess (Online), who criticized the behavior of a council member during the previous meeting.
  • Renee (Online), who supported local artisan markets and pop-up events.
  • A member of the public who addressed the Council to honor the life of Nancy Hill, describing her contributions to the Ojai Valley.

Consent Calendar

  • The council addressed the consent calendar. Mayor Stix pulled Item G (Planning Commission Appointment) from the consent calendar for separate discussion. A motion was made and seconded to approve all remaining items on the consent calendar (excluding Item G). The motion passed.

Arts Commission Appointment (Item F)

  • Council Member Francina requested to pull Item F from the consent calendar for separate discussion. A motion was made and seconded to approve the appointment of David Leeds to the Arts Commission. Council members expressed support for the appointee's qualifications. The motion passed.

Planning Commission Appointment (Item G)

  • The council discussed the appointment to the Planning Commission. Mayor Stix explained her selection of Kathy Lattes, citing her extensive background in planning. Public comments were heard supporting various candidates, including Robert Graham, Catherine Lodis, and Kathy Lattes. Robert Graham introduced himself and his qualifications. Steve Quilsey, Chair of the Planning Commission, urged the council to vote for Mr. Graham and follow the established nomination protocol.
  • Discussion among Council members focused on the appointment process and qualifications required by city ordinance. Council members debated whether the Council's role was strictly to ratify the nominating committee's selection or if individual members could propose alternative candidates. Concerns were raised regarding the Mayor's decision to conduct interviews individually rather than as a group. Additionally, a Council member cited city ordinance requirements mandating that at least two Planning Commission members possess specific training in fields such as land use planning or urban planning, noting that the current commission lacks a member with this specific background.
  • Council Member Lang moved to pause the decision and bring the item back at the next meeting due to unanswered questions regarding process protocols and candidate qualifications. This motion was seconded. Council Member Whitman moved to appoint Kathy Lattes, which was seconded. Council Member Montgomery moved to appoint Robert Graham, which was seconded.
  • Ultimately, Council Member Lang moved to defer consideration of the midterm vacancy until the scheduled nomination process in May, allowing for the upcoming expiration of three other terms. This motion was seconded. The motion to defer was put to a vote and passed. Following the vote, the City Attorney clarified that the same nominating committee would be responsible for the vacancy when it is revisited in May.

Short-Term Rental Ordinance Revision

  • The Council discussed a revised ordinance intended to strengthen the city's prohibition on short-term rentals (STRs). Staff presented options regarding enforcement tools, including increased fines, the disgorgement of unlawful rental revenues, collection via liens, private enforcement provisions, and disclosure requirements for prospective property purchasers. Staff also requested direction on whether to authorize increased budget resources for enforcement and whether to adjust the minimum rental stay length from one calendar month to 90 days or another duration.
  • Staff outlined three potential exemptions in the draft ordinance: rentals created by operation of law after a prior long-term tenancy; rentals where the renter establishes domicile; and rentals where the landlord or family members reoccupy the unit after a fixed-term tenancy. Staff also reported on a new contract with a technology company, Rentalscape, to improve the identification and enforcement of illegal STRs.
  • Public comment was received from residents expressing support for stricter enforcement, concerns about loopholes in the proposed exemptions, and the negative impact of tourism on the community. Some speakers suggested making STRs entirely illegal if enforcement proves difficult, while others supported a 30-day minimum stay with a future review to potentially extend it to 90 days.
  • Council members and staff discussed the legal and practical implications of the proposed ordinance. The City Attorney clarified that under current law, rentals of less than 30 days are prohibited, while rentals of 30 days or more are not defined as short-term rentals. The Council discussed the distinction between residential rentals and vacation rentals, noting that landlords may legally advertise month-to-month rentals on vacation rental platforms provided the rental term meets the minimum requirement.
  • Discussion focused on the minimum rental duration. Several Council members supported maintaining a 30-day minimum to align with existing tenant protection and rent stabilization ordinances, rather than adopting a 90-day minimum. The Council debated the necessity of exemptions for domiciliary rentals and fractional ownership, with some members arguing that a clear 30-day standard would render such exemptions unnecessary and reduce potential loopholes.
  • Enforcement mechanisms were a primary focus. The Council discussed increasing fines, requiring disgorgement of unlawful rental revenues, and utilizing equitable remedies such as injunctions. The City Manager noted that current staff dedication to enforcement is approximately 25% of a full-time position, and Council members expressed support for dedicating additional resources, potentially a full-time or three-quarters-time position, to enforcement efforts.
  • The Council also addressed the provision allowing private civil suits by aggrieved persons. Concerns were raised regarding the potential for frivolous or vindictive lawsuits between neighbors. The City Attorney explained that the ordinance includes protections for defendants in meritless suits, such as the recovery of attorney's fees. The Council debated whether to require city consent before a private suit could be filed or to reinstate a 30-day notice and demand period. The consensus leaned toward requiring city consent to validate claims before a private lawsuit proceeds, rather than a notice period, to prevent frivolous litigation while maintaining enforcement incentives.

Motions and Amendments on Short-Term Rental Ordinance

  • Mayor Stix moved to pass the ordinance with seven specific amendments: 1. Change the minimum rental term from "less than three months" to "less than 30 days" (or "one calendar month") throughout the document. 2. Delete exemptions related to domiciliary rentals (Section 424.04, subsection C) as they are unnecessary with a 30-day standard. 3. Modify the definition of fractional vacation property to prohibit rentals of less than 30 days. 4. Delete exemptions related to rentals by operation of law (Section 424.04, subsection D). 5. Revise the penalties section to require both fines and disgorgement of unlawful revenues (changing "or" to "and"). 6. Remove the 30-day notice provision for private enforcement. 7. Add language requiring city consent before an aggrieved person or entity may bring a civil suit to enforce the ordinance.
  • Councilmember Whitman proposed a friendly amendment to require rental advertisements to include a statement affirming that rentals of less than 30 days are prohibited and subject to fines. This was accepted by the Mayor.
  • Councilmember Rule proposed a friendly amendment to the motion regarding private enforcement. She suggested requiring the city to validate claims before a private suit could be filed to prevent frivolous or vindictive litigation. After discussion regarding the potential impact of a 30-day notice period on attorney incentives, the Council agreed to the amendment requiring city consent for private suits, rather than a notice period.
  • The motion to pass the Short-Term Rental Ordinance with the proposed amendments was seconded by Councilmember Lange. Following the roll call, the motion passed unanimously.

Closed Session

  • The Council moved to adjourn to closed session to address two agenda items: 1. Conference with Real Property Negotiators: Discussion regarding the property at North Montgomery Street for the Habitat for Humanity project. The City Manager noted that no reportable action was expected during the closed session; however, direction regarding the price and terms of the deal was anticipated. Final approval for the project was expected to be presented in a future open session. 2. Conference with Legal Counsel (Existing Litigation): Discussion regarding the Santa Barbara Channel Keeper v. State Water Resources Control Board and City of San Buenaventura v. Abbott cases (water lawsuit). The City Manager stated that no reportable action was expected, but an update on ongoing discussions was anticipated.
  • No motions were moved, seconded, or voted upon during this segment. The meeting was adjourned to closed session.