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iHow this transcript is madeUnGovr transcribes the official recording with automated speech-to-text, separates speakers by voice, and matches voices to the seated roster. Names and attributions are AI estimates and may contain errors.Verify any quote yourself: click anywhere in the transcript and the official video jumps to that exact moment, so you can check any quote against the recording.Scheduled start 6:00 PM · clock-time estimates pending review
0:00 – 0:1514 turns
The order, we have a quorum. Could we have the roll call please? Mr. Management Analyst?
Roll call — called by Weston Montgomery
Show transcript
Thank you and welcome everyone to the April 9th 2024 meeting of the Ojai City Council Would you say the pledge for us please?
Agenda Discussionitems moved / continued / pulled — click to expand
And is there a motion to approve the agenda? I'll move to approve it
second. Second but aren't we all in favor.
OK. All in favor of approving the agenda I thank you very much. All right we will move on to
commission reports and we have a report from Chair Smitty yes
I just wanted to thank you guys once again for being so supportive in getting us commissioners. So we're going to have our meeting in April and hopefully Rachel will be there, it'll be our first full slate of commissioners on the Arts Commission so we can move our thing ahead. Five minutes before you approve it, or 30 minutes I guess. If you haven't yet had a chance to meet David Leeds who you will be voting in as our fifth commissioner and just want to thank you very much.
Can you tell us something about him? Because I didn't see an application in the staff report. Or maybe you could speak, tell us about yourself.
I was trained actually as an art historian at Harvard, and I've been involved in art and business both actually for my entire career. I've been in the movies. I've been a writer, producer, director of feature and docudrama. I have been a sculptor and painter. I had sculptures in many private collections and paintings as well. I do some ceramics now. I'm still involved with business in some venture capital companies, technology companies that I've been involved with for a number of years and recently moved to OIM three-and-a-half years ago during the pandemic. My wife who I've been with for 25 years has been taking me here ever since we met. She came here 45 years ago When there was only one building at the Ojai Valley and I've done nothing but want to move here since she first took me here.
So, I'm very happy to be able to contribute to the community and look forward to working with you all and Smitty in the commission.
Thank you. You sound very qualified, highly qualified. Thank you.
What I liked about David most despite his great resume was that he worked or works for a homeowner's association on their board for decades and worked. And I'm
glad it's worked
believe me because we want good commissioners not just good artists.
And through the mirror, I just wanted to say that I did not know that David Leeds was the David that I know. I know him to be a great community member and just a really swell guy so you have that as well as to the qualifications, the personal qualifications are there as well. So welcome David. Thank
You Chair Smitty and thank you David for your desire to serve we are lucky to have you thank you All right, we will move on to presentation. We have a presentation from Dr. Bill Simmons of Broadband Consortium Pacific Coast and Vivian Vasquez of the Economic Development Collaborative. They are here to facilitate an update on the Ventura County Broadband Strategic Project. So welcome Bill and Vivian and thank you for being here.
Good evening, I'm Bruce Stensley president and CEO of the Economic Development Collaborative. And I'm sneaking in as a stand-in for Bill Simmons who's long been the coordinator of our broadband consortium not able to be with us tonight. First thank you Mayor Sticks members of the council really appreciate your opportunity and your invitation to be here want to do just a couple of things that I'm going to introduce in a moment right while I can do it now Vivian Vasquez is part of our staff lead on a variety of things on broadband and digital upskilling and related programs And Malika Oum is also with us. She's our expert for the region in working on issues related to digital equity. Vivian is going to do most of our talking, but I'm going to kill a minute or two with you first.
Before I hand it over just a couple of things first as a thanks again Councilmember Lange sits on our board of directors we really appreciate that council member Francine has been on our board and is the alternate I'm here as the president and CEO of Economic Development Collaborative. We serve as what's called the Pacific Coast Broadband Consortium. 14 regional consortia designated as such by the California Public Utilities Commission. Our charge is not to be anything related to delivery of Internet service or broadband deployment, rather to be a facilitator, a coordinator and advocate, a partner with cities in the private sector and other anchor institutions that rely on high-speed communication to make sure that we are effectively deploying fiber and high-speed communication resources, and increasingly around what we call adoption.
That is the ability of folks to access and work with the material effectively. A couple of other things... Our broadband consortium is a three county area so we're Ventura, Santa Barbara, San Luis but we are most passionate of course about what we're doing in Ventura County I just want to mention two things before I get out of the way So one is that there's often a question, why are we still working on broadband issues in the 21st century? Don't we all have cell phones and high-speed communication? We did a study in collaboration with Southern California Association of Governments and Caltrans just about two years ago.
While we're still coming out of COVID, and about 25% of all families with kids in Ventura County do not have access to high speed communication. And their kids are trying to go to school and try to do education online. And increasingly we've discovered that we are wildly dependent on high speed communication for working remote, for telehealth, for engaging in public service and government, and of course education and public safety. But lastly on my end what do we mean by adoption? There's a handful of things that I could mention I have them written on a card here somewhere. And essentially what we mean is fast, reliable and affordable access to high-speed communication for all residents in the region. A lot of us can afford it, a lot of us have access but the current providers don't reach everyone and they don't reach everyone affordably necessarily And beyond that, what we're really talking about is the ability of low-income families to close the digital divide.
Again, if you're talking about education and telehealth and the rest of this without access to high speed communication, you're really being left behind in the 21st century. I'm going to stop there and turn it over to Vivian who's got more information and I'll stay on the sideline. Thank you.
Thank you, Bruce. And thank you so much to the council for having us here tonight. I'll just be giving a brief informational update about our strategy project and I think Bruce gave a really great context as to why this is so important. I'll ask for the next slide please. In terms of what I want to share with you all, I just want to share a little bit more context as to why we're working on this project. And I know we have a VCOG representative here so as you know VCOG received some funding to be able to do this project and so we're really excited to be able to be carrying it out and sharing more information with your city about where we are.
So I'm going to give a little bit of information about what the Broadband for All initiative is at the California level and then talk a little bit about what we've been doing for the past six months, what the next couple of months will look like for this broadband strategic plan for the county. What that timeline is and then also what some of the outcomes you can expect for Ojai and for the region.
Next slide please. In terms of legislation, I don't think I can say anything more than what Bruce shared in terms of just you know at this point especially around COVID and in the past few years it just became so much more vital and important to think about broadband connectivity for all aspects of life. For employment, for health, for all different areas and walks of life. And so California Broadband for All It includes a bunch of different funding sources, one of them being SB 156 which is how we were funded to be able to kind of think about what the strategic plan is and as Bruce said make that plan for the region. Not necessarily be the ones deploying it and putting the fiber in the ground but thinking about how do we coordinate and make sure that we're thinking about the resources in the area and how to best work together.
And next slide please. In terms of the project plan and activities, our team has been convening a working group, a VCOG Broadband Working Group since September so we've been convening every month and we have Jamie Fleming from Ojai who's been representing but we don't have an official member of the Ojai City Council or someone of your staff working with us so we'd really appreciate having someone continuously who could be part of those meetings for the next few months as we finish out that plan But as part of those convenings, we've been bringing together this working group with representatives from each of the cities and the county to talk about what are the resources that you have? Where do you want to be when it comes to broadband? And also just coordinating among the cities to know who's applying for what grants.
How can we make sure that we're working together and really capitalizing on the resources that are coming down from a state level but also from the federal level that we expect over the next year or two. In terms of data collection, we've also been doing a lot of that. We have an expert on our team working on GIS mapping who's looking at all the different internet service providers and what they're offering and which areas we really need to focus on when we think about making sure that broadband is accessible to underserved communities and making sure that we're prioritizing that.
Although we do have the internet service provider data, we definitely also want to validate that with what people are experiencing on the ground because often there's a discrepancy between what's advertised versus what people are actually experiencing in terms of download and upload speed. And so I'll talk a little bit about this later on as well but we're doing kind of two parts. We have a need survey and then a speed test that we're doing. More of an understanding of where people are getting their internet from, how much it's costing them. And then also a speed test which is just very simple. You go onto a website and click one button and then it just gets the information about how fast your internet upload and download speed is and that allows us to see what people are actually really experiencing on their computers or their phones so you can do that from any device.
So that's the data collection we're doing, and that data collection is helping us understand what areas need to focus on when it comes to broadband. And then using that data, we've been working on creating maps as well to think about what are their priority areas within the region? All this information, the convenings, the data collection that's allowing us to coordinate better among the cities and to make sure that we're offering policy recommendations not only that but also just opportunities for collaboration and regional planning.
In terms of outcomes we are working towards ultimately a broadband regional plan which will include an entire plan for the region but then also chapters about each of the cities and so we'll have a specific chapter about Ojai to talk What are the resources and how is this community unique when it comes to broadband infrastructure and needs? Next slide please.
In terms of the timeline, we're pretty far along the timeline which is exciting. So we've been meeting with the working group since the early fall and so we're kind of at this point now where we're doing a lot of the data collection and so one of the things that we'd really appreciate your continued support with is pushing out the need survey and speed tests. So we've been doing that a little bit in Ojai and using kind of some of the city channels but happy to you know talk about other ways that we can really make sure that we have Enough responses from folks in the area.
So we're kind of at that point now where we're still pushing for the data collection, and as this spring comes to a close, we'll be using that to inform that strategic report. In terms of the qualitative data, we're also doing focus groups and a regional convening which will allow folks from the community, and we hope to have Ojai represented there as well, to talk about what's important to them when we think about the broadband strategic plan for the region.
Next slide, please. In terms of outcomes for the region, as I mentioned we really want to have this roadmap and strategy for the entire region with those pullout chapters for each of the cities in the region. But even though we want to have a report it's really great to have a beautiful glossy report. We want to make sure that this process is really bringing together a lot of different voices and that we're making sure that the folks that are you know really experiencing a lot of the underservedness with broadband are able to be centered in this process and so digital equity is really important to us and we want to make sure The process brings together folks who maybe haven't worked together before or have an understanding of what different folks are doing in terms of the broadband space.
So although the report is the outcome, but the process is really, really important. In terms of GIS mapping as I mentioned we've been doing a lot of data collection and will continue doing that. And so that will also help us create more GIS maps that are accurate representations of what people are experiencing when it comes to broadband connectivity And some of those we're hoping to make public so that way we can make sure that other folks have access to that information as well.
In terms of the results like I mentioned previously, and we really want to make sure that digital equity and inclusion is central to the recommendations that will be making in that report. And we also want to make sure that we're setting ourselves up in a way for the region to be able to be responsive to a lot of the federal investments that are being made in broadband and that were well positioned and have a plan for The next couple of years as that money comes down.
Next slide please. In terms of what we're asking from Ojai, we are not asking for any funding. We're just asking for your continued support in this process and just helping us center this issue and realizing how critical it is to so many areas of life. We hope that you'll continue to participate in these conversations with us. And if you have a special representative that can be sent to our working groups, we'd really appreciate that. And just continuing to support us with the data collection process and sharing out the needs survey and speed tests That's what we asked for at this point, and we hope to come back to you all in the coming months once we have the report finalized and we can share that process as well as the specific OHI data with you all.
Next slide please. And that's it! Any questions?
0:15 – 0:2211 turns
I just want to say thank you, Vivian. And thank you, Bruce. It's so important, especially about the digital equity inclusion and getting broadband to our students. So thank you for being here. Any questions or comments from council?
Well my only comment is that I have mixed feelings about all this because it's important that kids be when you say broadband or equity. It's also important that kids be educated without depending on all of this. You know I think we need to recognize balance and not make everyone overly dependent. You know that's that's all but that's probably a separate conversation but thank you very much.
Yes, definitely hear that. Absolutely
through the mayor I very much look forward to your report and as as I remember for Ventura County Your expectation is to reach 95% of the homes in Ventura County And then potentially phase two would be to figure out how those others Would get would get served but a 95% Saturation would be fabulous so I very much look forward to The report and you know any support that we can give And I don't want to, but I'll volunteer to be the staff liaison. You know?
But I will say that I was part of building the largest municipally owned fiber optic network in western Massachusetts. It was a collective of 26 small towns that decided to take the state's money and build it themselves which they did do successfully. So it's a great model but this is also yet another great model so thank you.
Thank you very much. Thank you for being here.
Thank you.
OK, we will move on to public communication and just a reminder to the public these are items not on the agenda and because they're not on the agenda, we cannot discuss them. We appreciate your participation and we can agendize them for the future. So we'll begin with Ron Solarsano then Hannah Drumwright and then Dan McLaughlin
All right. Thank you so much, members of council. My name is Ron Solorzano and I am the regional librarian for the Ojai Valley. And I want to speak with you tonight during National Library Week which is an annual celebration highlighting the valuable role that libraries, librarians, and library workers play in transforming lives and strengthening our communities.
From the American Library Association's website, quote, the theme for National Library Week 2024 is ready set library and promotes the idea that in our always online world libraries give us a green light to something truly special. A place to connect with others learn new skills and focus on what matters most you can find your crew at your libraries author talks workshops and book clubs.
No matter where you find yourself on the roadmap through life's journey, preparing for a new career, launching a business or raising a family your library provides an inclusive and supportive community where everyone belongs." So we have quite a bit coming up specifically next month at the Ojai Library. On this coming Saturday, April 13th CSUCI Associate Professor of Sociology Dr. Rachel Soper will visit the library at 2 p.m. to give a talk titled Defining Regenerative Agriculture in California. Dr. Soper is currently writing a book about sustainable organic and regenerative farmers in Ventura County.
Then on Saturday, April 27th, local Ojai author Joseph Pulia will return to the Ojai Library to deliver his talk, A Brief History of Westward Expansion from Thomas Jefferson through Manifest Destiny. Dr. Pulia is a former college professor who taught English, philosophy, social science and history of western expansion. Moving into next month, into May we're going to have another CSUCI professor. This time a professor of English Dr. Bob Mayberry who's going to visit the library at 6 p.m. on Wednesday, May 8th so in the evening to talk about Who Wrote Shakespeare? Dr. Mayberry will examine why the authorship of Shakespeare's plays is questioned and will briefly look at some other likely candidates.
Finally, we will have local Ojai author Catherine Ann Jones visiting the library at 2 p.m on Saturday May 11th to present her book East and West Stories of India. Jones is an actor and award-winning author of eight books who has also taught writing workshops around the world. That's all that I have for you right now please reach out to me if you have any questions about your Ojai Library and thank you so much for your time
Thank you Ron. Ready, set, library. I like it. It's cool. Okay next we have Hannah Drumwright and then Dan. We do appreciate your enthusiasm. I'm going to ask the audience not to clap or make noise but thank you for your enthusiasm. Hannah Drumwright then Dan McLaughlin and then Leanna McNeely.
Hello City Council members, my name is Hannah Drumwright. I'm here to talk about the Community Development Department's decision to deny all temporary use permits and how it's affecting the small businesses As an artist born and raised in Ojai, I was surprised to find that there were no consistent artisan markets for makers and creatives. So in April of last year, I decided to develop the space I was looking for, and I started the first Ojai Artisans Market.
And since then, we've created a collective of artisans here in Ojai that has really become a family. Our market has given back to the community by providing affordable spaces to small businesses and working with local arts stores as well as providing free spaces to minors that are creative. The vendors you see with me and many that aren't have utilized our market on a monthly basis and expressed their concerns as it's a consistent income for them, as well as a meet-and-greet setting to gain customers.
The denial of TUPs in the city has affected our local vendors and prohibited us from continuing a market in a safe open space. for vendors and customers. Complaints from downtown brick-and-mortars have been the source for the department's decision. While I agree there have been too many markets starting in our small town, I think that ours has catered to Ojai Valley residents and it helps keep money in our local economy.
We ask that the City Council and the Development Department reevaluate the decision, and look at TUP applications on a case-by-case basis. And make the right decision for the entire community's development not just businesses in the Arcade. Thank you.
Thank You Hannah Next we have Dan McLaughlin then Leanna McNeely and then Len Clayford
0:22 – 0:326 turns
Good evening, thank you very much for letting me speak. I'm here because my profession is I'm a building official retired and I do build, I work, I consult in codes. I had a neighbor who's disabled come to me one day and said all the work that's going on 150 she said there's a lot of things that don't look right so I went out and looked at them, and I saw a lot of curb ramps going everywhere. So I called the city, and I asked the City Public Works what is your involvement? And they said we have no involvement. It's out of our jurisdiction. So, I went to our supervisors, and their staff said it's out of our jurisdiction. So...I waited for a response from Caltrans representative, and didn't get one for two weeks so I filed a complaint with the Civil Rights Division of the State of California, and they put me on a list So what I want you to understand and I left some pictures here for you to see of all the things that I noticed on 150, all the way from 33 to Gridley.
There were ramps that went into trees, there were ramps that went into light poles, there were ramps that went nowhere but the sidewalks, the path of travel that you use on the north side of 150, I challenge you to walk from 33 to Gridley. I did it with my wife in a wheelchair When you go from Gridley down about a quarter mile, there is no sidewalks. So a person in the two hotels that are down there, guess what they get to do? They get the wheelchair on the highway which I don't think that's a good thing. So my logic here is if I can get the city and the county to start questioning Caltrans which should have been done in the planning process and it wasn't done Why not because the city is not going to redo those sidewalks. Even if you was even if you did it would only be if somebody's developing those private lots you would require them to put in compliant curbs and gutters but not you got one down there that's a sewer gutter almost its dirt water and people have to walk in the dirt so if you're visually impaired you're on a walker you're in a wheelchair Good luck.
You're not going to make it without going on 150 you go down to Country Club Drive. You've got a right. You've got a curb ramp on the north side one goes into a light pole one goes into an oak tree where is the person supposed to go? You go across the street on the south side. It goes into dirt both ways. Why would why would a government agency do that? They're never gonna put sidewalks on the south side of Highway 150 on the north side. It's feasible to do it all the way and Again I'm just trying to make you aware of the situation. I brought a wheelchair here if you'd like to try and do what my wife and I did, and my wife couldn't come she's a she used to be the planning director her interim. I worked here for a year as a building inspector so I know this city have lived here 30 years but I think you ought to just walk it see what I'm talking about and see what you think because remember.
Thank you Dan. Next we have Leanna McNeely, then Len Claife and then River Sauvageau.
Good evening, Mayor Sticks, council members and city administration. My name's Leanna McNeely and I live very close to the City Hall campus out here on South Blanche Street. I'm a member of Better Solutions for Ojai group comprised of over 60 neighbors at City Hall in the encampment. The purpose of our group is to encourage city council and the city administrators to seek a better solution for the homeless population than the one laid out in the grant proposal, as well as to remind the council that the permanent residents around City Hall need to have their concerns heard and addressed. From everyone in our group we do want to thank you and the city administrators who have put forth a great effort cleaning up the encampment. The progress is steady and does allay some of the frustrations many of us in the surrounding neighborhoods have felt.
The increased engagement by our city officials with the citizens has also been a welcome change and I encourage continued engagement. That said, there's been much talk about the needs of the homeless on the City Hall campus. In particular, the need for security. There has not been a public discussion about the impacts to the surrounding neighborhoods. The encampment does not exist in a vacuum. The issues that plague the encampment do not stay on the campus. They bleed into our neighborhoods sometimes with profound effect.
We would ask City Council to publicly acknowledge that the current site surrounded by residential homes is completely inappropriate for the permanent location of this project. We would also like the City Council members to publicly recognize the impact the encampment has had on not just those in the neighborhoods, but the merchants in close proximity who serve those neighborhoods and all of this city. I once again urge the Council to not take the easy and fiscally irresponsible route as outlined in the grant proposal, but to continue to work with the County and other entities to identify and procure a site that better serves the needs of the homeless population without disruption to families and businesses that occur when camps are embedded in residential neighborhoods.
City Council and the administration must find a solution based on a long-term viable plan which can accommodate the growing population of homeless in our valley, and one that will be physically responsible to all the citizens of Ojai. Thank you so much for your time.
Thank you, Leanna. And just a note to the public. May 14th, the unhoused encampment progress status update is on the agenda. OK, next we have Len Clayf, then River Savageau and then Robert Graham.
Good evening, Leonard Claife. I live in the city of Ojai. Something like 40 years ago, I walked into a chocolate store in Solvang and saw a young high school student employee dipping milk bone dog biscuits into pink chocolate. I thought that was really odd, so I asked her about it and apparently I was the only person who questioned this practice. So I thought to myself well maybe it's not odd to put milk bone dog biscuits in pink chocolate. Maybe I'm odd for thinking it's odd.
And I mention that because I sort of feel the same way about Caltrans leaving holes in six major intersections, six major curbs in the city of Ojai. This is the third meeting in a row that I've come before you. Nothing has changed and as far as I know, the city has taken no action. So if you have taken no action because you think it's perfectly okay that Caltrans leaves holes in our major intersections then I'll go away and I won't bother you anymore. If you agree with me that it's just dangerous...
and strange that they would abandon these projects, then if you can't do anything without first agendizing it, I would ask you to put it on an agenda. If you can do something without agendizing it, please send a letter to the local Caltrans, the state Caltrans, our state representatives, the governor's office, and there's a GOA in Sacramento which is the Government Office of Accountability which is supposed to monitor programs like Caltrans It's beyond my ability to comprehend how a state agency could leave holes in front of the post office, in front of the pharmacy across the street at Chevron.
And you really need to do something and the same goes for the fact that it's 35 miles per hour going through downtown Ojai, only if you're heading eastbound until you get to the Bank of America. 35 miles an hour throughout downtown is too fast and I believe it's the only place in the United States where the speed limits are different depending on which direction you're going in. It's clearly a mistake Somehow, we should be able to light a fire on the Caltrans to get them to remedy that. And I ask you that you gather all the resources you can, bring in as many people as you can and fix it. Thank you.
Thank you Len. Next we have River Savageau and then Robert Graham and then Pauline Corey and sorry, I can't read that.
0:32 – 0:4316 turns
Hi, I'm River Sauvageau and I'm here in support of Hannah Drumwright. So for those of you who don't know me, I've been a resident of Ojai for 46 years and a small business owner living off my crafts and my art for 35 years. And I had a boutique that was in downtown Ojai for 20 years that I made a living from my own designs So, one of the things is I closed my store downtown during COVID and I'm working out of my home and then I'm selling at the markets and online. And I am not able to place my work in any stores downtown Ojai.
I can't get in those stores even though I have had a very successful business here for 35 years. So the artisans market that Hannah started is here for the local community and she is fostering young people, she's also creating community there, the kind of community that Ojai has a great reputation for And many of the other markets that are in town, the other art markets and artisan markets are run by people from out-of-town. And they have artists from other places from out-of town, out of the county.
So I wanted to also say that there are studies that having art markets in a town does not take away business from the brick and mortar businesses here. And most of the brick and mortar businesses don't carry local merchandise. So that's something to think about, and even OVA Arts would not talk to me to have my work there. I am a local artist here so I just want to ask you to consider Hannah's Market because I think it's a great benefit to the community. Thank you very much.
Thank you, River. Next we have Robert Graham, then Paulina Corey and Themis Themis. I don't know. And then Larry Stangle. And yeah, and just hi, Bobby, if you want to this is general public comment. If you want to speak on the consent calendar, we're going to ask you to wait
Yeah, I just wanted to introduce myself
briefly. OK. Can we wait for let's wait for can we wait for the public? Absolutely. The consent calendar. OK, thank you. Next, we have Paulina and. Thank you. Appreciate it. Sorry for mispronouncing your name. Yeah.
It's not an easy name, it's Teresa Holliman. Teresa, okay thank you. Hi we also have Echelle Gladstone and Carrie Sanders and we are members of Dance Ojai a 501c3 nonprofit here in Ojai that is dedicated to promoting dance and I just wanted to take a moment to thank you all For one, letting me speak but also like your job looks really hard. I can't imagine being up there it often looks so thankless so thank you for being in this position and trying to do your best to help our city.
This, the Council as well as the Art Commission for the 2024 art grant that you all gave us. It's helping us to co create a wonderful event on April 20 from seven and 9pm carries holding the beautiful poster. It's the Ojai World Dance Festival where we're having a bunch of professional dance troops from Southern California come and put on a really lively, amazing show. So we wanted to make sure you all knew about it and wanted to offer you all tickets as we're offering all of our other sponsors like The Ojai Valley Inn, little small companies like Willow, the Rainbow Market. They're all helping us sponsor this event also and we offered all of them tickets so we wanted to make sure that all of you are coming and had tickets too. So we want to let you know that was available to you.
Did you want to say anything about the festival? Okay um so yeah the show- That's really what we wanted to say. We didn't have any requests from you. We wanted to give you something and thank you and look forward to seeing you all at our show
Thank you, thank you very much exciting
April 20th Thank you gonna be a great event so we hope to see you there. Thank you. Thank you
Next we have Larry Steingold Larry Steingold then Starchild and that's it. Thank
You good evening I've been a resident here now for seven years It seems like 50 And I love it. I want to thank you for the Becker agreement. I was at planning meeting and the homes or apartments are going forward for affordable housing, and that's a good thing so thank you very much. I really would like to know how much it has cost the town, the city Since the Simply Ojai lawsuit, how much in dollars? Legal fees and staff time. How many was it tens of thousands hundreds of thousands? How much money did we spend when we could have probably gotten it then too?
All right on the Caltrans thing Mr. Bennett is our state rep And he's running for election, so I think it's time to call him on the carpet to get all the things straightened out. Also regarding the ATP, I understand it's going out to bid and I would like to know if we, the city have the money to pay for it out of our pocket or are we hoping to get funds from somewhere else?
And the last, I know I sound like... The last Falcon 9 launch was very nice except it turned my motion lights on in the back of the house and the whole house shook. So I realized that sending a letter to the FAA or to anybody will do absolutely nothing But at least it shows that you have an interest in taking care of us and just a letter saying, hey Mr. Musk, Mr. FAA can you do something about it? I don't know. It's a technological issue. It is not a science issue.
Sonic booms are going to happen but some sort of comment to somebody up there saying hey this community is getting buffeted And I mean, I'm all for defense. I'm all for rockets. I think it's wonderful. But having an earthquake every week, every other week, is not really acceptable and I had my first earthquake two months ago so I'm new to this.
So thank you. Thank you, Larry.
Yes, sure. Council Member? I just wanted to make a comment that that that I'm planning on with the being a part of the Tax and Revenue Policy Committee. I'm planning on mentioning the SpaceX as a real concern. So I'm with you, Larry.
Next, we have Starchild
Good evening, I wanted to reiterate some of the comments that Lenny made about Ojai Avenue being sort of unpassable for pedestrians. I walk often across Signal Street carrying my daughter from the post office to the library and there's no place to push the button to get the little white stick figure to turn on it's always the red hand and I feel like I'm gonna get Hit by I'm turning cars. So that would be a great thing to add as well I got to talk to Lenny about it And I also told him I was gonna tell you about something that he and I might disagree about which is about pickleball So a funny thing happened to me on the way To the council meeting today.
I went down to the pickleball court because I wanted to hear exactly how loud it was and There was only one court going, two people from San Francisco. The lady kind of sounded like one of those professional tennis ball players you know making the oof when she hit the ball and the guy was a little bit quieter but I stood there in front of the neighbors houses that are just facing the pickleball court and two were actually coming to go in from their house from two different houses and I asked them you know hey what do you think about the noise? And both of them said it really didn't bother them One of them was I spoke to for a really long time, a gentleman with a young child like myself and he said really it's about Well, he said that it didn't really bother him that much but also it's about people having fun.
I think when we live in community lots of people are going to do things that we personally don't enjoy very much. For example Where I live, there's a gardener that comes by with one of those gas-powered leaf blowers that aren't legal in the city of Ojai. That happens once a week and I don't like it because I work from home and you know I take a break for 10 minutes while he's coming by the window but I think that's part of living in a community The other thing that I think about a lot with pickleball is my grandma, who I just visited in Minnesota. She lives near Pickleball Court. She's 92. Her friends play pickleball. Every once in awhile she gets out there and she swings a paddle. She doesn't play too hard.
And I think, you know it's great that there's something that people who are somewhat like older or even a little bit disabled can do outdoors as part of the community. The final thing that the person I wanted to talk about is the person mentioned. that the real problems in front of their house aren't, isn't pickleball. It's a noise from the Encanto and also when the police vehicles kind of leave the gate if they have to go really fast because there are lights and sirens, that's the majority of the noise not pickleball so I just wanted to share that comment and express that I signed the pickleball petition which I heard about here first at City Council and you can do it too.
Thank you, Starchild. Any comments online?
Yes, Mayor Stix, we have two comments online currently. The first is for Leslie. Leslie, please unmute your mic.
Hi, my name is Leslie Hess. I live here in Ojai and I just want to talk briefly about the last meeting and the public comments at that meeting. A correction of behavior is in order For council member rule, in my opinion. Sarcasm, rage and yelling are unacceptable coming from a city council member. Committing to City Council protocol such as requesting acknowledgement by the mayor before speaking and remembering to speak with respect to colleagues and members of the community may help Yelling cannot be an option.
In the past, we have seen this bullying behavior directed at high school and college students. This behavior can be corrected but this behavior diminishes all of us that experience it. Thank you and thank you City Council for the work that you do.
0:44 – 0:5012 turns
We have one additional comment from Renee. Renee, please unmute your mic.
Good evening members of the council. I am not here to chastise any member of the council For standing up for themselves, which is what I saw happening at the last meeting. But I would like to echo the comments made by River regarding Hannah's market. For local craftspeople to be able to have a place in our town is a lovely addition to our town and I don't know who or how they have to get permits to do things.
But I love the idea of local craftspeople being able to do a pop up things at events. I grew up in Ashland, Oregon and Ashland, Oregon had a robust theater and drama with the Oregon Shakespearean Festival in their park, and they often had dancing events and singing events and pastry events before the theater started which created a very festive environment And I like that festival environment where people feel that local residents, citizens, young people have a chance to show up and participate in a festival kind of environment. And I feel like those markets do that same kind of thing. They allow local trade and craftspeople to be able to show Display their wares and interact with people who are residents as well as people who are visiting our town.
So I think that's a great addition, I hope you can make that possible on a more regular basis. Thank you.
Thank you, Renee. That's it? Okay we will move on to the consent calendar. I would like to pull item G.
We also have three public comments on the consent calendar
as well. I'm going to pull item G would anyone like to pull any other items? ** Okay. We have three, four comments on item G. So is there a motion to approve everything else other than G? Can I remind you, I appreciate your enthusiasm Councilmember Francino. Could you run it through the mayor? Just ask to be acknowledged by the chair No, can you just asked to be acknowledged from the chair so you want to do you want to pull item which one oh F and G they go together. Okay, I pulled G you're gonna pull F Is there a motion to approve everything else? I'll move to approve everything else All in favor aye All right. We have no public comments for F councilmember Francina
Oh Okay all I want to say is that there, I feel fine about it because he was the applicant was introduced by the chair but if he had not done that I would not have known anything about him because there was no application. So in the future I think there should always be the applications I'm sure it was just an oversight so the application should always be included that's all Okay,
is there a motion to approve F then? Yes.
And I'll move to approve and I'd also like to make a comment about David. Just really thrilled to have you as a part of the commission and I had the opportunity to speak with him and I just think he's going to be an incredible contributor to our community and to the commission and a huge asset and fill a need that the Arts Commission has So, thank you Chair Smitty and thank you David for volunteering and signing up.
And I would like to echo that. I met with David and you're very impressive and really appreciate all your skills and your background in your emotional intelligence and thank you Chair Smitty for making that happen. Okay,
we will move on to item G. And I pulled this because it's for the Planning Commission and I just want to say and I interviewed we had five applicants just a little background and I spoke to all of them and they were all very qualified and I really am so grateful that we live in a community where so many people give back And I met and Bobby, I want to thank you. And I think you're wonderful and I really appreciate your desire to give back to our community and your background and your intelligence. I selected Kathy Lattes who has served on the Planning Commission in the past and my reasoning is that Kathy has so much background. She is a planner extraordinaire, she's worked her whole life in planning, she has worked in every area of planning including general plans and rezoning.
And I think at this point in Ojai's history we would really benefit from her experience having an experienced planner on the commission who has spent decades rigorously overviewing so many different plans. So I really appreciate Chair Quillacy and Council Member Ruhl working on this, and it's okay to disagree. This is what government's about, civil discourse, so it's okay to have difference of opinions And I appreciate the process that we, and this is where I stand. So any other
comments? Yeah,
we have public comments so first we have Steve Quilsey then Anita Cram then Joe McDonald. Well actually you know I should take Robert Graham first because you were here first if you want to.
0:50 – 0:5611 turns
Thank you, everyone. Good evening, Council. My name is Robert Graham. As you know, I recently applied for the Planning Commission. I just want to say I would be honored to serve on the Planning Commission if confirmed tonight and wanted to introduce myself. I grew up in Rose, which is a small town or was a small town in northern California where my dad was on the planning commission and the city council.
And my mom worked for the city of Roseville in the planning department working on housing elements. And so they instilled in me at a young age, a strong sense of civic duty and I'm lucky to have them here tonight joining me. In college I interned in Congress and after college, I did a graduate fellowship in the state legislature working on public policy. I have three bills that were signed into law that I carried and after the fellowship I ended up going to law school at UC Hastings. I think Councilmember Whitman is a graduate of Hastings as well.
Where I participated in the Community Economic Development Clinic And in that clinic we worked with a housing rights coalition to draft affordable housing That was then introduced to the Board of Supervisors After law school, I joined my parents down here in Ojai and while studying for the bar. I met my now wife And we just welcomed our first child this past July. I just want to apologize if he's a little loud He's just a bit excited. It's his first City Council meeting Again, I'd be honored to serve on the Planning Commission. Thank you so much.
Thank you and good evening. For those who don't know me, I'm the chair of the Planning Commission currently and one of the three members who followed the current protocol for deciding on nominations to the Planning Commission. I would urge you to vote in favor of Mr. Graham, I would urge you to follow the protocol that you unanimously approved each of you voted for this and if it doesn't return the result that you want in a given case, I still urge you to follow the protocol that you voted for You've heard from Mr. Graham, he is an attorney, he is used to reading the kind of dense material that we go through on the Planning Commission.
He has as he told you a background from his family in city planning and City Council actions for that matter and I'll say this As a person who's on the other side of the fence, let's say he's young. There ought to be a place in city government for 30-somethings. Not just people like myself who are retired and have lots of time to donate to work like this, which we love.
But I think we need an example in front of this city to show that people who are younger than retired folks actually have a legitimate place in serving the city And in helping to draft those things that the city decides on behalf of applicants before the various commissions So I thank you for your time and I urge you to vote in favor of mr. Graham. Thank you. Thank
You Steve Yeah, if you can just wait till I finish speaking Just to be clear
Are there currently three planning commissioners? Because I missed the last meeting. No
ma'am, no ma'am. There are currently four planning commissioners. Myself, Mr. John Trent, Judy Murphy and Jamie Bennett.
So there's only one
vacancy at the moment. Yes ma'am.
Thank you
Next we have Anita Cram then Joe McDonald and then Starchild
Good evening Mayor, Council, City staff. So I'm here to support Catherine Lodis for the Planning Commission. I have seen her in action on the commission. She actually has been on the commission before, so she has a good knowledge and basis for any kind of document that's necessary to be reviewed. I was very impressed with the way she handled herself, her judgment, and actually one of the meetings that I observed her in, she actually offered a perspective and asked questions that no one else on the Planning Commission did.
And those were questions that were very important in the process, were important to me, important to a lot of like-minded in the city. So I think that's really important. She has a deep knowledge and understanding of Ojai, a serious commitment to our community and expertise in planning. Been doing it for a long time, and we really need that in our city. We have so many things coming at us from so many different directions that I think it's really important that we get someone that we know is going to represent us, represent our values, represent what the future of Ojai is, understands where we have come from the directions we're going and what's really important. So I think she will do our community well, and she will serve us very, very conscientiously from a strong point of view, and she will offer certain balance to the committee that maybe wouldn't be there if she wasn't on it.
Okay thank you.
Thank you Anita. Next we have Joe McDonald and then Starchild.
0:56 – 1:028 turns
Hello City Council Anita pretty much said everything I was going to say. I'm here to support Kathy Lotta's for Planning Commission and I've watched her in the past on Planning Commission, and she She's a really amazing so I urge you to vote for Kathy for Planning Commission Thank You
Thank You Joe next we have star child and then teal row
Good evening again. I'm happy to talk about Bobby for Commissioner. I got a chance to just meet his wife and his family. They drove to the Pickleball Court accidentally, at least his wife and his family. So I got to ride with them and talk to Bobby walking in. There are couple great things I think about his candidacy When he's a lawyer, and as we all know the city is often subject to lawsuit. Maybe as a lawyer on the planning commission, he could do something to prevent future lawsuits going forward.
The other having young child. himself, like I have. I know that he's going to take a special interest in safety for our youngest most vulnerable members of the community. The last thing that I think is really important is his commitment to housing for people of lower income. I think everybody deserves a house Here in Ojai commute who lives here and I think his strong commitment To providing housing for or to allowing housing to be built for low-income residents is very important Also, just before I came down to the council meeting. I got a chance to look at the paper I look at it several times throughout the day and you have to because two hours before the meeting, right? They published an article just about this.
And they talked about a process and gosh I don't know all the processes at City Council who does but they said there was a three-person panel that should interview candidates and one of the benefits of that is perhaps that the people doing the interviewing can inform one another their questions can inform each other and I worry that if we have just one person Doing the interviews that we lose something and so that I think you know the same way. I like it if council members go through the process of Going through the mayor.
I want to also have the mayor go through the process And so I think if we follow one process, that's what we should do Thank You
Thank You star child next we have teal row
Good evening, Council Mayor and staff. And thank you for letting us speak because I didn't even know this was happening until I read it in the newspaper. So I highly recommend I mean, I'm not voting for Kathy Lattice. I mean, it's not about policy is it? Is it about anything to do with how somebody so great she's got institutional knowledge? We're always talking about institutional knowledge She's, to me, been on the planning commission so it's not just like some new staff person that we have to go through reinventing the wheel again.
So I highly recommend Kathy Lattice. I think it's an awesome thing and I'm so glad to be here tonight because I didn't even know what was happening! Thank you!
Thank you, Teal. Next we have Larry Steingold and Nora Harrell.
I didn't know this was coming up either. I know I applied for it and I was interviewed by three of you, and I think that's great, that's wonderful. In this particular case the person chosen was Mr. Graham. And as somebody who is retired and older, I do think I agree with Mr. Quillacy that the city needs to bring in Let's call it new blood. I don't want to call it younger because that would be considered ageism or whatever you want to call it, but the younger more...I don't wanna call it energetic, but younger blood because there's a lot of younger people moving into town and the younger people need to relate to somebody younger not to a bunch of altacacas who are sorry for those who don't understand that's an old fart.
Okay, but somebody like that. So I would go with the person that the review committee picked by vote, I'm assuming they voted and go with that because if you're going to interject somebody at the last minute to overcome that vote why bother? Why bother even taking an interview? Just have the mayor or whoever's sitting here with a majority vote on whoever the committee is and call it a day.
Don't have any interviews, don't have any discussions just do it. So I think you should well do what you have to do but I would stick with Mr. Graham
thank you. Thank You Larry next we have Nora Harrell
1:02 – 1:1411 turns
Hi, Nora Harold Miner's Oaks for three more weeks. So if I'm not mistaken, I heard something about protocol or policy in a newspaper article that just came out and it sounds like this is about choices around interviews and I'm thinking about what happened with the arts grants and how when that came up before you all Councilmember Francina was opposed initially. You all had discussion, and it actually went Councilmember Francina's way.
So Mayor Stix has come in with information Throwing it in, I believe she had those interviews with everyone just as you all did. So whatever was printed, I didn't read the article so I have no idea but again it sounds like maybe not all the information was in that article that actually happened. So I think for the health of the community it would be great If we could hear about that and have that clarified since I've heard some veiled attacks and kind of you know bashing of the mayor which.
We don't need. We just don't need bashing. We don't need it. It hurts our community. So Mayor Stix has offered another name, and I hope that you all will talk about it in a civil and respectful and considerate manner. Thank you.
Thank you, Nora. Any anyone online? Well,
yes, we have two members with their hands up online. First is Michelle Ellison. Michelle, you're unmuted, please unmute your microphone
Good evening, Council. While I appreciate Mr. Graham's willingness to serve our community in this capacity, I really appreciate that. Since this commission is currently short on land use and planning expertise however, Kathy Lattice is better equipped I see to fill the important role as others have mentioned she just brings decades and decades of professional planning experience and she's been involved in our community civically and really committed and would provide much needed guidance on the general plan so I know our committee would benefit greatly from her service on the commission, so I encourage you to appoint Kathy Ladas. Thank you.
Thank You Michelle
and we have one additional comment from Renee. Renee please unmute your microphone
Good evening council members. I was hoping to not have to speak tonight and have a smooth transition To Mr. Robert Graham as our new member on our planning commission, I didn't realize that all this was going on until I read the Ojai Valley News today so thank you to the Ojai Valley News for bringing this to our attention Mr. Starchild, I appreciate all of your comments and they are very thoughtful and respectfully given.
It does sound like Mr. Robert Graham would be a great addition to our planning commission. It sounds like he's got The commitment and the ability to be committed to this kind of work on our planning commission. And I think we'd be really lucky to have him. I would like to see a younger member in our community as well, being able to do public service. I think that's great.
So I really do hope that you will support Mr. Robert Graham on the Planning Commission. Thank you.
Thank you, Renee. Is that it?
That's it
Okay We will move on to discussion and I did do want to clarify a little for the public and about the process we Passed this City Council passed a new ordinance ordinance about how to appoint commissioners not sure how many months ago but And that process gives us the, there are three people who interview. The mayor, the chair of the commission and a rotating council member and the ordinance gives us the option to meet individually, to meet two together or to meet three together. It all depends on what we request, what works best for us and also scheduling So I'm going to go ahead and get started.
And two spots on the Arts Commission, and the process worked well. So I hope that answers some questions. Who would like to begin?
Through the Mayor, I'd like to speak to the process a little bit more. As I understood the process, it would be that three members would be nominating and this body would serve as a ratification of that nomination. And I believe that the ordinance allows for there to be a second nomination if we feel that the candidate that was nominated I did never understand the process to be that one person wouldn't like the nomination and would therefore put up someone that they preferred. We had a committee of three, it was agreed that the majority would nominate and this body would ratify. Think about Mike Pence. It's kind of the same thing only we have a committee here that is saying, you know, we have people on this council who are saying well I have a candidate that I prefer therefore the nominating committee's recommendation is going to, you know...
Microphone please That is what we talk about, you know. Is this the process that we discussed? We discussed the rotating council member so that each council member would have a voice in who came up. I thought at the time it was a mistake to give the mayor the third vote on every council but Council Member Francina I'm going to talk a little bit about planning.
preferred occupations that is in the list of those for this, for the planning commission. Whereas land use attorney is and I don't want to go deeper into evaluating Kathy Lotus and how I came to understand you know, for instance that she was not reappointed to the commission last time And I did delve into why that was the case because it was of great interest to me.
Most commissioners are routinely appointed, although my guess is that is going to change. So basically when we talk about the process as it was understood by this board would be a nominating committee of three if there couldn't be consensus then the nomination would result in the majority. We have done that. There is the loophole that any council member can nominate anybody. I mean, we did not take that out of the possibility and hence that is what is being used now.
I consider it to be a travesty of the process. We all sat here and we all wanted to have an ability to have our voice recognized in the appointment of commissions. Not to be, you know... And I appreciate everyone who has come up and has acknowledged that Kathy would be a great choice. We see you come up all the time and acknowledge positions. You are you are here all the time Basically, you know acknowledging the same positions all the time The point being is that this process was meant to be a nominating and this council was meant to be a ratifying.
Unfortunately, that was not codified. And once again I will say we have plenty of planners in the city. We have very experienced planners who know the planning very well and have more institutional knowledge. If we need to delve deeper and we need to talk about the characters of each, and why they were not reappointed, we can do that. I would prefer not to do that. That is why these happen, they do not happen publicly. Why these kinds of discussions do not happen publicly.
So, I hope that people do understand the process. There's a nominating committee and a ratifying council. That's the process. There is a loophole if the nominating committee comes up with someone who's just completely unacceptable but that's a loophole that I believe is being taken advantage of, exploited. And it's there so it can be exploited. So that then once again, it relies upon this council to sit and decide that they're either a ratifying committee as was originally decided or their nominating committee and it is a free-for-all.
I can come in and nominate anybody. And as long as I get two other votes on the council, we're good. Is that really the process that we have here? Really? So with that, I encourage my council members to remember how we structured the commissioners and the deciding of the commission. It's a rotating council member And if you want to choose somebody else when it's your rotation, fair enough. This is embarrassing to me. This is embarrassing. It's embarrassing that we have to put our potential commissioners through this. So that's the process.
A nominated committee, a ratifying council. Is that what we have here?
1:14 – 1:2219 turns
Who would like to speak next?
Well I don't know why this is affecting me so deeply but it is my heart is just racing. We are in an awkward position, in my opinion we're in an awkward position of having two excellent highly qualified candidates with completely different qualifications now the problem I have is this When I strongly advocated that the mayor be able to serve, every time there's an appointment, I was a strong advocate that the mayor be the one member that was always on the committee. It never occurred to me that you would refuse to meet with the two other Thank you.
We all considered it the best practice that it would be a group interview, that we could hear each other's questions. And especially in this situation I see that you lost a golden opportunity to work with the chair of the commission who has served the city as a volunteer. His opinion needs to be respected. You can disagree but you need to hear it and likewise Council Member Rudy. It's a gesture of respect to work with your colleagues, whether they agree with you or not.
And I would like to know why you refused to meet with them. It has nothing to do with schedules because as far as time goes each commissioner had to meet Twice instead of once so I mean whatever excuses What is the real reason that you refused to work with your two other colleagues? I mean to me That is a divisive action. It doesn't bring the community doesn't bring the commissioners and the council closer together
Councilmember Whitman
Wait, I need for I would like I asked the question. Well, let's take turns. Okay, you'll answer the question is your turn Yeah, so So part of our
discussion of
a selection process
was about the fact that traditionally, or as long as I can remember back when I was on planning almost 20 years ago there was a requirement that we have two members of the Planning Commission who are experts in a series of fields related to land use. And so I'm going to read that provision which we retained after much discussion. We decided to keep this in it says at least two members shall be chosen from persons having distinctly separate training and experience from the fields of architecture, Art, building construction, civil engineering, land use planning, land use law, urban planning or landscape design.
When I served on planning we had a landscape architect and we had an architect. And the fact that I was a lawyer and could read land use law was not part of the equation Being a lawyer doesn't make you an expert on a particular topic. Now, I don't want to say anything that disparages Mr. Graham because I have every reason to believe that he would be an excellent planning commission but my belief is that since sometime in 2022 our Planning Commission has been illegal because we removed somebody who had the experience it's required by our ordinance And they were not replaced with somebody with any of that type of experience.
So I would like to read just briefly from Kathy Lotta's resume, she received a masters of city and regional planning from Harvard University in Cambridge Massachusetts She worked for over 30 years in city planning positions with the City of Laguna Beach, Costa Mesa and Irvine and also served in management positions for the City of Laguna Beach and Palm Springs.
So I guess the other comment I'll make is Is that you know, we're coming up on a general plan. A pretty rigorous set of activities and I think it would be extremely beneficial to the Planning Commission to have a planner who's been through that process serving as one of our planning commission members. There are three terms of the three of the current planning commissioners terms will end on May 15th.
I think what we need to do is appoint, the next two appointments need to be in these areas that are specified in our ordinance And then after that, we'll have the ability to appoint people who are more like at large. And Mr. Graham may very well be one of those. Everything I've heard about him sounds like he'd be an excellent candidate. So my strong preference is that we appoint Catherine Lattice as our next planning commissioner because she fits the criteria that's spelled out in our ordinance.
Through
the mayor,
I have a question of the speaker. We need to be able to respectfully question each other. This
is not a conversation we go one at a time and so please write
your question down. No, I have a clarification that I need from Council Member Whitman. Can you hold it? It's completely unreasonable for me not to be able to ask the question right now OK, the question is this for clarification. May 15th is only one month away. Are you the next person to do we know who's the next?
I have no idea who the next person will be making an appointment.
Does anybody know
that the city clerk did set a schedule and I can provide you with that. I can go find out.
Can you provide it now?
I don't have it with me on hand at the moment. Mayor and Council, we'll look that
up. Actually in light of the fact that this was a consent calendar item and We've heard from the public that they didn't even know this was something they could talk about I personally have not talked to Kathy Gladys. I have not, I personally think I'm gonna propose or make a motion that we because there are questions that are unanswered and because this is the questions about process protocols and also questions about a commissioner, I would move To pause this decision and bring it back at the next meeting.
Is there a second for that motion?
1:22 – 1:3210 turns
OK,
OK. And I would like to ask a clarifying question for staff because I did communicate quite a lot with staff during this process and this is the process we adopted. Can we confirm that?
Yes, Mayor. There was nothing outside of the process under which was taken by anyone involved that I'm aware of. I have talked with the acting city clerk. I've spoken with the city attorney. I'm not aware of any process violations that took place.
Okay, thank you. Thank you and just want to you know I did communicate quite a lot via email with Councilmember rule and council member Quillacy And I'm always open for a phone call from anyone You know we disagreed on our decisions and that is normal
through the mayor please first of all I would not characterize your communication with the chair or myself as adequate. So that would be the first thing, you didn't answer emails. The second thing I would say is that we expected that norms and best practices would be followed so hence we did not codify every step of the way. If we now need to do that It was understood by all of us that the nominating committee would nominate with the majority and this body would be a ratifying body.
I'm sorry, Mayor, that you would like Kathy Lattice to be the choice. But that is not the way this played out and no, there's nothing that you did that is not... The point being we expected best practices, we expected proper behavior, we expected that you would follow the understanding And you didn't, you didn't. You've brought up your own candidate and you have expected that this body will ratify that.
The nominating committee including the chair has brought up another nominee majority so what's the point if anyone can bring up anybody? And then I will also ask our city attorney a question, and I knew you were gonna do this by the way. It's just so clear. City Attorney is what Councilmember Whitman has stated that we are in violation of the law given our current makeup of the Planning Commission?
Once the council appointed each individual planning commissioner, the Planning Commission then takes all lawful actions and stands. The professional qualifications once a commissioner is appointed and the relevant statute of limitations passes to challenge that appointment, the commission stands. The statute of limitations have passed to challenge all of the present appointments
Okay, so let's say. Yeah okay. Okay, let's just talk about we have a council here who cannot make an appointment to a planning commission without delving into complete disarray. Including saying that their current planning commission is illegal you know I just we don't need another planner on the commission. Honestly, we have planners in the department. One thing I don't want to start talking about Kathy Lattice and the discussions that I had with her and why I chose not to nominate her but I am willing to do that if that's what I need to do and that is so unpleasant And it is so ridiculous. But once again, that is what this mayor has brought us to. That is what nominating when you have a ratifying committee and anyone on this council who doesn't believe there were a ratifying committee is not remembering and is choosing not to move forward in the way that we agreed to move forward.
There's a nominating committee and there's a ratifying committee. That was the agreement. I mean, Councilmember Whitman, you were like I want my guy. I want my guy. That was how this whole commission unfolded. This whole debacle unfolded. Was I want my guy on the Planning Commission and I wanna change the way the commissions are done so my guy can be on the Planning Commission.
And this is where we sit now.
I would like to actually respond to that because we were given a choice as to the process, and we were given the choices what process works the best for us. And I chose to individually interview each person. And what I have observed in the last 15 months with Councilmember Rule on the council, when someone disagrees with Councilmember Rule then they're bullying techniques that are used pretty consistently. And so what I've seen when there's a disagreement, there's name calling.
You don't listen. You look at your computer when people are talking. You interrupt. You raise your voice. Do you have a whole list there for me? You roll your voice. You interrogate me or others. Point your finger. You misrepresent the truth. You criticize me or others. You question people's motivation or intention. You accuse people of breaking the Brown Act. And therefore, I don't think that is good for decision making and that's why I chose to have the interviews on my own.
My findings in a very positive way with both you and chair Quillacy And we disagree on the person who would be the best, you know, and it has nothing to do with any of the other candidates Mr. Graham is lovely We've met I've known him for a couple years. We met in the park a few years ago I really feel that we need someone on the Planning Commission who's got a planning background. We have planners on staff I'm talking about on the Planning Commission and thank you to Mayor Pro Tempore Seeing Kathy's praises and her background. That's just a you know, her entire career has been dedicated to this so I Think I'm gonna finish So I think we really need to make good decisions, and this is about making the best decision for our community. So if we can look beyond personalities and not make it a politically driven distraction, and just each one of us from our hearts and our minds pick the best person who would have the most benefit for our planning commission.
Let's take turns. I think
you read a litany of attacks in a very nice way, which you were wont to do. You did not say to us that you did not want to meet with me. What you said was the scheduling would be best if we didn't, which was an out-and-out lie. You know, that's what you said. So that was an out and out lie. And so thank you for your very complete list of all of my failings. Very much appreciated. It doesn't take – nobody said that you couldn't meet with them by yourself.
Your excuse was pathetic, but there it was. And once again I will say that Councilman Whitman can nominate Kathy Lotus in one month with you and with the chair. You have the ability to do that. You have the ability to do that, and that's what should've been done. That's what should've been done. This should've been an easy breezy kind of discussion. You rallied the troops. Once again I do not want to talk about why Kathy Lotus was not reappointed to the commission.
But I could. But it's just not something that I want to do. But there was a reason and there was a good reason, and it bears weight on qualifications and just the kind of person that you need to have working with four other people.
Mr. City Manager?
1:32 – 1:4319 turns
Yes, Mayor and to all council members I'm just speaking to you as your hired professional. And I just would ask all of you please let's lower the temperature of this discussion. Let's limit the amount of attacks and issues that are brought forward. I think it's very important that we just have a calm deliberative discussion. Let us please recognize that the mayor presides over the discussion So that means that you do have to ask to be called upon.
It is the mayor's choice whether to call upon you or not, so if you say through the mayor or you raise your hand and the mayor doesn't call on you, that doesn't mean that she didn't see you or hear you. Please just allow her to get to you in the order that she chooses. She is the presiding officer over the meeting but I really asked all of us please Calmly and professionally and politely finish this discussion for the betterment of all of us. Thank you
councilmember mayor pro tem Whitman
Yeah, I do recall that we discussed whether it would take a majority in the City Council to approve a commission Commission appointment My memory might be perfect but I usually have a pretty good memory and that's what I remember us discussing and agreeing to. And you know we could have gone in stricken out those things that we don't need maybe we don't need an architect, maybe we don't need someone in building instruction or civil engineering, maybe we don' tneed anyone in land use law or landscape design But we actually did adopt and approve of these special qualifications.
And among those are land use planner and urban planning, and the candidate that's being proposed as an alternate to the one that was brought up is somebody who is an expert in land use planning and urban planning. So I don't think it's appropriate to say we don't need a planner on our planning commission. I think there are currently, there is currently no one with a land use planning background on the city, on the Planning Commission and I think that would be a good addition of this Planning Commission.
And just to structure, I would like to put a motion on the table that we appoint Kathy Lattes to the planning commissioner commission. Is there a second?
I'll second.
I'll put an alternate motion on the table that we appoint Robert Graham, but I'd like to explain why I'm saying that. Okay, if I may? First of all, when Kathy Lattice did not get reappointed, I objected to that. I felt she definitely deserved to be reappointed. I was very disappointed when she was not reappointed. I didn't agree with the reasons that were given for her not being reappointed. But because there's going to be more than likely a vacancy in May, there is no reason why she can't be appointed a month from now if that is the council majority's desire.
I appreciate that you explained why you didn't want to work with Councilmember Rule, but I feel in my judgment you lost a golden opportunity to work with her because I cannot even imagine In an interview process, you wouldn't be deciding on the candidate. You're asking questions. You're learning from each other. There would be no reason for her not to be on her very best behavior so I'm seeing this more I feel as mayor, you really need to make an effort to work with everyone. And I'm disappointed because it makes me feel conflicted about supporting your nomination. I just feel very conflicted about it and for that reason, I feel like we should follow the process and respect the choice of the planning chair Councilmember rules, so through the mayor.
Are you for Robert? You're gonna make my motion is to appoint Robert Graham Is there a second sorry that it's been like this. It's very is there a second for that motion? I
I'm going to second that and I'm going to point out that in one month, who's ever up can make whatever recommendation they want. And we can follow the process and we can put an end to this very unpleasant situation. Okay,
we have a motion and a second.
I'd like to say a few things. First of all, I mean, I do think this could have all been avoided. We have four positions opening up this month and next month and one of the challenges of the Brown Act is that we're not able to talk with one another about who's going to do what And so I just wanted for anybody watching who's saying, oh this is disturbing. There are aspects of the laws that protect our right to transparency, there are aspects of those laws that prevent us from having these conversations outside of a public hearing.
And so, I don't know. So there are things that I don't know as someone voting on the planning commissioner that were said or conversations that were had and we could have really come up with a better strategy for how to appoint all the different commissioners that we have. One thing that I actually insisted on when we were developing the protocols for commissioners was the involvement of the chair. And there were a couple of reasons for that, one was we didn't want this to be a political appointee And two, we had had problems in the past with previous commissions where the chair did not agree with council members on an appointee and the appointee didn't fit.
This happened in one instance before we were elected into office and then we had to clean up that—we had to be the intermediaries in that situation And then also we've seen just the different ways that that's been complicated. I personally feel Kathy Lattice has the qualifications. I think she's just an incredible resource who has extensive history in planning and she meets the qualifications that Council Member, Mayor Pro Tem Whitman was talking about.
And at the same time Our the chair of the commission has been very vocal about who his selection is. So I am wondering if I mean, it seems like an opportunity. We have enough space potentially for both candidates and I don't want to have to be the one who says no to Kathy when I think she is By far the most, she has the institutional memory. She has the qualifications and I also am really excited about Robert.
I had an opportunity to talk with him and I think he brings such a great amount of experience and skill. Is there any way we can determine who has the next or that we can find the list of who has the next appointees? Or the next nomination committee?
The city clerk, the elected city clerk has not yet made available the list of the rotation as applied to all of the coming vacancies. Mindful that there are more than just three Planning Commission vacancies. There are several vacancies on I think every other commission coming next month and we don't yet have the rotation from the elected clerk for all of those vacancies.
Council could on that vein defer this consideration to be equal with the Terms expiring in mid-may and revisit the question then or the council can can take action now.
I would make a motion to do that I'm gonna make
a substitute
motion Can we remember to run it through
the I Make a motion that
we defer this decision Until the May appointment and And I think that's all like I need to make
and is there a second for that motion, I'll second the motion okay
Okay, all right so
that's
the third motion. And if I can add one more thing too, I also just want to acknowledge that Larry is a candidate we have great candidates and so it's a great problem to have all these amazing volunteers and willing participants.
1:43 – 1:4810 turns
Just
one second. Yes, do you want to repeat the motion?
I heard the motion. I don't know Are you saying that come May there's going to be two vacancies and then we can three
In addition to the one the main count mayor counts if I can clarify that point On the Planning Commission right now, there is the vacancy which is a midterm vacancy because of what happened in the fall. That seat is up in May 17th, 2026. So that's the seat under consideration tonight. On May 15th of this year three more seats terms four-year terms will expire. Those are the chair Steve Coulosy, Commissioner Murphy I'm sorry not Murphy Commissioner Trent and Commissioner Bennett those three seats will then be up for reappointment or appointment of new persons as the council may desire so the motion as i understand it is to defer consideration of the vacancy the midterm vacant seat Thank you very much.
Yes, the Chair Steve Cooley was first appointed in 2016 so that would be two four-year terms. Commissioner Murphy was first appointed in 22 so that would be one and Murphy is remaining she's up in 26 just reading the list Commissioner Trent was first appointed in 2020, so he's in his first and only term so far. And Commissioner Bennett was appointed as a midterm appointment back in 2021, so he's in his first term as well.
So Chair Quigley will see two terms, Vice-Chair Trent one term and Commissioner Bennett one term, partial term.
OK, well we have a motion and we have a second. Any final comments before we have the vote? Yes I have final comment.
This seems to me If three positions are coming up, those who want to vote for Kathy Lattice can bring her nomination forward and we can try to resurrect or save this process that has just fallen into complete disrepair. Do that. Ratify the nomination that was put forward by the nominating committee as you should do. And in one month, one of you can nominate Kathy Lotus. If there are three votes here or three people who can't vote against her or four people, that's in one month.
Please try to maintain the integrity of this process. This process was a nominating committee and a ratifying committee, which is why it was on the consent calendar and why it was not an item. It's a ratifying committee. And you can spin that any way you want, but that's what it was and that's what it was meant to be. And we can in a month whoever's turn it is, whosever turn it is bring forward whoever you want. It's one month I'm asking you to ratify the nomination from the nominating committee Can we
have a roll call please, Will?
Roll-call vote 3–1 motion from Council Member Lange and seconded by Mayor Pro Tem Whitman to defer the consideration of the unscheduled commission seat vacancy · 2 under review
Show transcript
motion passes for one
Okay, let's take a brief intermission and we will back be back with our discussion through the mayor
I do have a question for the City attorney there is something in the ordinance that says that if it goes back to the nominating committee the same nominating committee is at play. In other words, so we will once again have the mayor, the chair and myself making a nomination.
1:48 – 2:034 turns
It's the same vacancy, the same nomination. The language you're referring to is in the staff report which is the Clarification of the ordinance, the ordinance doesn't say that language precisely. What the ordinance simply says is that the mayor rotating council members determined by a city clerk and the commission chair shall nominate each commissioner which must be ratified by the approval of a majority of the full City Council. Here the consideration is continued so it'll be the same nomination process and in the same the nomination of Mr. Graham will be on the table for the unscheduled vacancy and then of course the council may act as they desire
OK thank you City Attorney. I'm going to go apologize to the Graham family. We will take a brief
intermission. Thank you. Okay, if you could please take your seats and we are back. Excuse me, we're gonna begin so if you could take your seats and come to quiet please? Okay, we will begin with item number two, discussion item number two, introduction of revised ordinance strengthening the city's prohibition on short-term rentals.
Is there a staff report? Yes there is Madam Mayor, I'll be giving this one. Mayor and Council what we have before you is a further revision and adjustment of the short-term rental ordinance and if you'll focus your attention for the moment on the last page of staff report I tried to put some bullets for the key questions First key question is staff would ask that the council introduce the ordinance with the additional enforcement tools, which includes the increased fines requiring disgorgement of the unlawful rental revenues.
On that one, the draft at the present matches what Pacific Grove does from our city manager's prior experience where it's the higher of the disgorgement on the unlawful revenues or the standard fines as stated That could be an and, it could be disgorge the unlawful revenues and pay the fines. That's a choice. And then also whether to allow the additional tools including collection via fines, penalties, liens among other lawful remedies, whether to allow the private enforcement provision by aggrieved persons, whether to require the disclosure of the short-term rental ban to prospective real property purchasers So that's the increased enforcement tools question. The second question is whether to authorize the city manager to put in the next budget, increased enforcement resources which would include increasing the amount of expenditure and staff resources put into short-term rental enforcement.
We have recently switched from one company who is great One of their skill sets and not so great in short term rentals to a new company that I'll ask Mr. Siebert to speak about in a moment on the sort of strength of this new, the new company and where additional resources could be put to good use Those additional resources would be paid for in part by the higher fines and revenue discouragement.
Mindful there's always some amount of collections costs along the way, but certainly the higher fines would offset a portion of those costs. And then last to mix the policy choices At the present ordinance, the minimum stay length is one calendar month. Staff asked the Council to provide direction on whether to leave it at one calendar month, to lengthen the minimum stay to 90 days or three calendar months, or to set it at another length of time. I know the community conversation has focused on keeping the one-month but revising it to be Simply rentals less than 30 days are prohibited. That has an administrative ease of enforcement. There's no questions about, well what if a rental starts in the middle of the month? What does that mean? It simply is it 30 days or longer okay.
I'm going to go ahead and get started. I want to start by saying thank you very much for the opportunity Minimum rental length is set longer than one month of 30 days Then to consider whether the several exemptions that came out of the prior discussion should or should not be included The three exemptions that are included in the draft from the prior discussion are An exemption for one-month rentals created by operation law after a prior rental at least three calendar months under civil code section 1945 which is the provision in the landlord tenant law that provides after a rental residential rental of a year or longer The, if it doesn't get renewed by a new signed lease the auto renewal is at one month or whatever other term length rent was collected minimum one month.
Often landlords who have to do one year lease and then you renew it becomes a month-to-month rental. Those have to be allowed if you have a longer than one month minimum rental stay. Second exemption that came out of the prior discussion was to exempt rentals of at least a month if the renter establishes domicile at the rented premises And that would be if somebody does a rental in which they intend to live up front as a month-to-month, allowing that. And then last, the last exemption that was discussed previously is to exempt rentals of a month or more Where the properties occupy the landlord or defined family members for at least six months before that fixed-length tenancy, and for which the landlord or their defined family members have a good faith intent to reoccupy the unit after conclusion of the tenancy.
This would be the scenario that was discussed previously where an Ojai resident travels abroad or does a house exchange type situation where they leave their space for a month or two and would like to be able to rent I'll ask Mr. Siebert to speak briefly about the increased enforcement tools we're looking at, plus any other comments.
2:03 – 2:0917 turns
I'll just briefly speak to an agreement that we just reached with a company that actually the City of Oxnard uses, referred to as Rentalscape. They're a great company in interviewing and going through the process. And before we even actually onboarded with them, we had them kind of let us play with the technology and found it to be very useful. Unfortunately the other company that we had been using for the last, I want to say six years.
We found to be inconsistent and just not helpful in the process. We heard more no's and non-existing but when we would actually do just a plain research we found that they actually existed on the websites So Rentalscape, on the other hand, we're finding a lot of consistency and a breath of sigh relief in terms of us doing the due diligence and also having community development staff and doing their research finding a lot of positive reinforcement in terms of going after some of these delinquent and illegal short-term rentals.
Any questions from Council? Mayor Pro Tem.
So I think there's a fairly strong majority here and community support for the idea of Short-term rentals not being great for the community and the question is how do we? enforce our rules and so I guess my my question is What Can you know, what can we adopt to make your job more easier? You know to Accomplish what we're trying to accomplish
The first answer to that would be to adopt the provisions that are in the additional enforcement tools in section 424.05 as drafted, and if the Council wanted to strengthen them further beyond the draft it would be to revise subsection C to provide that the disgorgement of unlawful revenue would be in addition to the fines not whichever is greater.
And through the mayor, if I could just jump in to add to that. I would actually add a couple things. You have a goal setting session next week. I think that if you're so inclined and you wanted to dedicate additional resources it'd be appropriate to make that an objective within a goal Next week and to direct us to allocate some funding for you know, either a contract or a part-time Employee because really I mean yes the city attorney is correct having all the words there is totally helpful, but the bottom line is we have somebody working internally using the software and doing this. But this person also has other job duties too. So at the end of the day if it really is a council priority then yeah, have your spending plan reflect that.
Thank you.
Any other questions?
Just wanted to go back to Matt on his response, uh, to translate because I have actually been using page five of your report more so than the code itself. And that second question staff asks City Council to confirm the addition of some all or none of the enforcement tools. So all of these Questions that are below if we adopt these That's what you were referring to with, you know 4-24 Yeah, I kind of lost when you started talking yeah,
yes So each those bullets on on that section staff has the council to confirm the addition of some all or none of these enforcement tools Those are embodied in that section in the ordinance on pages 2 dash 12 through 2 dash 14
Okay, Council Member Lange. I have a question. So in the county short-term rentals are prohibited correct? Is that correct?
Yes with the possible exception of the coastal zone portion of the
county.
Coastal Zone has separate zoning and the Coastal Commission is very currently is very pro short term rental but for the non coastal zone part of the county short term rentals are prohibited and that includes the unincorporated Ojai Valley
And do you have any idea how they define short-term rentals in the county? I'm only thinking, if you don't it's okay. My
understanding is that the county definition is 30 day minimum rental length
OK. And and so how would that? How would that affect any ordinance that we would put into place like does the county have have any kind of enforcement that we could tap into or that we could draw from?
We can certainly have a conversation with the county in partnering on enforcement tools, I'm not quite sure what the county does in terms of enforcement, but we could have that conversation with them.
OK, thank you. Okay, let's move on to public comment. First we have Nora Harold then Tara Jeffrey and then Anita Cram.
2:09 – 2:188 turns
I'm so glad you asked that question because I was having dinner the other night and the couple at the table next to us, we start talking and they said oh we're staying at this little Airbnb. I said oh yeah where is it? And they said Miners Road which is just over the border of Ojai into Miner's Oaks my neighborhood So I thought, what is the county doing and how can the city and the county collaborate here to facilitate the health and well-being of housing in our valley?
Because I know that I'm losing my home in part to STRs. I know it. My neighbor the other day was crowing about how she's going to have a 30-day SDR two doors down from me, right? So whatever you all can do to make enforcement work—so if that's 30 days and that's best Right, that's a tough question I think because I'm way on board with like 90 day minimum but if 30 days is doable and then you revisit this once you have enforcement under control.
And lengthen that stay, yes. I've already said everything else about this you know so I love you all and appreciate your work and just appreciate your consistency in providing housing for those who are most in need here thanks.
Thank You Nora next we have Tara Jeffrey then Anita Cram and then Larry Steingold
Hi there, thanks you guys. I was gonna say all this great stuff and now I'm not gonna say any of it because it's already been said except a couple of things. I've been at this for a long time since 2016. I think if there's not going to be an enforcement then you should just make them illegal across the board. If you can't do it might be impossible might not be able to be done then just make them all illegal I just don't see, since 2016 we've been at this and really it's just getting worse so I'm kind of not having a lot of confidence in the ability to regulate these things. So I also wanted to talk about the carve out that was discussed and the rub here for me is that what if people use this as a way to rent a short-term tourist? What if guests are now called tenants It appears to be a way to get around having to follow the rules that everyone else is expected to comply with.
One of the reasons STRs are so hard to enforce is that owners find sophisticated ways to get around the system and this could turn into yet another way to do it. Having a tenant is a different story, they are not tourists and have regular contract with the landlord. You are a tenant not a guest. So I guess it depends on the intentions of the landlord slash homeowner and if they're honest or using certain language to get around the ordinance. Another problem with enforcement is the onuses on the neighbors who are fearful of turning in other neighbors. This is really unfair to put this kind of pressure on people when all they want to do is just be able to live in peace and not have to deal with tourism in their homes and neighborhoods. By not enforcing the ordinance, there has been an environment of fear and dishonesty created.
There needs to be a much tighter restraints on this or if it's too difficult to handle as I mentioned before just make them all illegal. We have to put up with this since 2016 along with the rest of the huge influx of tourism, with its traffic noise littering and congestion. I feel the priorities of the city need to balance in the direction of its residents for a change. Constant kowtowing to tourism is making this town a bit of a crass parody of itself. We need to swing that pendulum the other direction for balance.
Thank you. Thank you, Tara. Next we have Anita Cram then Larry Steingold then Jennifer Fleischman.
Hello again so I can see by reading the staff report you put a lot of good work in this and there's a lot of good things in it so thank you very much staff for what you did in this in this staff report I think the three months should be the minimum. So, I really like the three months part. The increase in fines is great and I think disgorgement should be an addition to the fines. I think these people need to pay. It's decimating our community has decimated our community still is and still will into the future.
So I think this one-month exemption part is a real sticky wicket here because there are so many ways it can be abused. There's nothing to stop someone from saying, oh yeah, this is my home. I've established domicile here but I'm going to come for a weekend and then rent for a month and I'm going to come back for a day and rent for a month. It's just so ripe for abuse.
And, you know what I would say is if you feel you must do this and again I'm completely against it that you should set a limit one or two times a year have a registry whatever where people but do not this will get out of control very quickly. And I think with home ownership there comes responsibility to the neighborhood, responsibility to the community. And this is really tearing up neighborhoods it's tearing apart our community like others have said people are doing it and they're doing it in Ojai and you know they're getting around at this point already hopefully this new software this new company will help You probably want to have a portion of it where residents can be, have a tip form of it where they can call in and say hey this is happening in my neighborhood.
Here's the address so that it can help control them but again I think this one month exemption could be a big problem and I remember when Larry Stein, Goldstein sorry Got up at the last, previous meeting and said people are going to abuse this. He admitted he had done it before and when the one month exemption came up I saw him shaking his head with his eyes brightening up by well okay by how people are going to abuse it so listen to him. Okay not here but he knows the industry so thank you.
Thank you, Anita. Next we have Larry Steingold, then Jennifer Fleischman and then Vicki Carlton-Byrne.
Larry Steingold, resident citizen. Short term rentals in Airbnbs have essentially destroyed the residential housing market by causing them to be businesses. You can enforce it, you can prohibit it but it'll be like a dam with overflow. If you don't let some of them happen then they're just going to continue to break the law. So if you treat them like businesses and tax them just like a TOT, just like a hotel room because if I go rent 30 days at the Ojai Valley Inn for ungodly amounts of money You'll end up getting a TOT tax.
So if I rent an apartment, a house here for three months you should pay a tax. It's a business. Treat it like a business. Run it like a business. License it like the business and you can solve some of these problems. Let them have a B&B or whatever, three months. But you have to have some exceptions but you're going to have to enforce it and having a snitch I'd rather not go that way.
I mean if you have an inspector you've got all these rentals let them pay for the salary let them pay for the benefits You have a hundred rentals. Charge them $100,000 each to be able to have a rental that pays for the staffing. They have to pay a tax. They're licensed and you just charge them and if they make a mistake, you put a lien on the property and foreclose or do whatever you have to do.
I mean if you're going to stop it, you've got to stop it. I mean you do it right. You use a hammer. You don't use a velvet glove but tax them. That's what I would say.
Thank you, Larry. Next we have Jennifer Fleischman, then Vicki Carlton-Byrne and then Wendy Hilgers.
2:18 – 2:246 turns
Hello City Council. Thank you for your time and also I want to thank Rachel and Betsy for meeting with us myself and Rosanne this week separately. Appreciate it and I hope you consider some of our points. And that basically, you know support strengthening the Enforcement of current short-term rental law. I think that's important and that it should be explored and if these ordinance is provisions in your ordinance Reinforce that that's great Except for the extension of the minimal rental term from 30 to 90 days.
I know that I've written several letters about this and made a comment, and you know, I have a tenant that rents and leaves during the summer, and it would be a hardship for me to not have the opportunity to rent. I spoke to about half a dozen other people who have similar situations that supplement their rent, and this wouldn't, this would not return housing if we were stopped from doing that. This wouldn't return housing to people like Nora In fact, I think if you prevent that what's going to happen is there will be a run on Miners Oaks where more and more investment or those types of rentals will be filled up because it's legal there. So it's almost like creating a financial moat around Ojai where you'll have to drive the need for So, I'm going to start by saying thank you to all of our panelists.
You know, there's their situations like that which I think if you if you completely shut this down If you change that ordinance it it shuts that however, if you do decide to take it to adopt it then The exception D at least covers my situation. I don't think he covers all situations You know, I don' tknow if it applies to standalone units and But that's you know, that was just a question I did have a question for the legal Legal team though and I brought I don't if you were able to see this letter. I sent it to the city manager but there's civil code 4741 and AB 3182 which prohibits associations from adopting or enforcing provisions at I want to start by saying thank you very much.
To the group, so I would say look at those first before dot before changing the 30 to 90 day thing because I don't want the city to Be in hot water again And please at least have exception D. In fact if you do, thank you Next
we have Vicki Carlton burn then Wendy Hilgers and then Starchild
Well, I can make this excuse me shorter. Um, I agree with a lot of what's been said already I have to say though after eight years Of this the proliferation of short-term rentals has just been really depressing and disappointing We have I just happened across check some information that I had in the past two days and I found A tiny home that's on Airbnb. That's one that was approved as an ADU, where you specifically are prohibited from short-term renting an ADU. That's operating in the city limits. An ADU approval was given to a person who is running a short-term rental It's like maybe the two or however many agencies or pieces of the city aren't speaking to each other. I think there needs to be better coordination.
I've thought for a long time that the challenges and considerations of enforcement need to be driving the information and the language that's used in the ordinance, not the other way around. And I think It's really important to know what staff can enforce before you create language to accomplish that. I can answer your question, Rachel, about the county in 2018, the county supervisors approved short-term ordinance or whatever it's called on the county level That gave a special zoning overlay for the Ojai Valley and that would run from Casita Springs out to the east end. It does not include upper Ojai.
So there was a two-year grace period for people to recoup their investments, and after that I think it's July 2020 Any freestanding, any whole house short-term rental. Any guesthouse short term rental, any ADU anything except a permitted licensed home share is illegal. So all this stuff that's going on around us in the valley is illegal and the county is doing apparently nothing to shut them down.
So there's a lot of words in the ordinance already. We don't need more words in this ordinance, we need teeth. We don't want them in compliance with language, we want them gone. We want them shut down and if you've got a new company that can help with that, that's fine. I just want to make a comment about that for 24.04 Paragraph D. I'm opposed to it. It's a it's obviously a Minority special interest carve-out that I think is may even be well intended, but it's not going to work it It leaves a whole bunch of loopholes Thank You
Thank You Vicki next we have Wendy Hilgers and then Starchild
Through the mayor, Mayor Stakes. Wendy just wanted to clarify that she intended to speak during the continuation of public comment. Can we allow
that? Sure, of course. Thank you, Wendy. Next we have Starchild.
2:24 – 2:317 turns
Good evening. I was very happy to see the carve out for month-to-month rentals, that's how my family was able to move to Ojai and I hope that stays. Also when I think about somebody who owns a house and is deciding maybe to build ADU in their backyard, I think that doesn't really take housing if they build that ADU and they use it for short-term rentals, it doesn't really take away housing from other people. I think the most important part of this short-term rental ordinance is to try and decrease the price of housing overall. I remember at the last time it was discussed we talked about maybe a 7% decrease in the price of rentals or rather that short-term rentals caused a 7 percent increase in rents. And I presume we think by taking away the short-term rentals will get the price of housing down One of the most important tools we can we can employ to get the price of housing down is to increase the supply by allowing more building and I think you know having this discussion without Acknowledging that leaves a lot on side.
So I just wanted to say that thank you
Thank You star child any comments online?
Yes, mayor sticks We have two comments online The first of which is Renee Renee your mic is unmuted
Good evening, Council. I would like to support what Starchild said and also what Jennifer said. I do believe in the carve out, I think if people who aren't paying attention who own property in this city find out that they cannot allow somebody else to swap houses with them for a certain period of time, they will be outraged. So I like the carve-out. I'm very appreciative that you were able to put that in and it was done in a thoughtful way I don't think a lot of people are paying attention to this.
I do agree short-term rentals are reducing the available housing, but I think the limit should be 30 days. I think that's a reasonable time limit for people, and it's even an excessive time limit. And you know the other thing that I know is people who can't—we've had this happen with our family members during the holidays—they can't find a place to stay here so where do they stay? They stay down in Ventura. So what do they do? They drive back and forth from Ojai to Ventura because they cannot find a place to stay here that's reasonable and affordable. So they're putting miles on their car, they're adding greenhouse gases because we don't have enough affordable places for people to stay here.
The other thing that I think you're doing, and I've seen everybody attacking STRs as if they are the villain. There are many people who are buying houses in Ojai and they are vacant. They're leaving their houses vacant. They're doing nothing to live in their houses and some of them even share the ownership of the house but that house is vacant Vacant, vacant, vacant. I see a lot of them as I'm driving through town and you're doing nothing about that. So this is like one leg of a three-legged stool and you're putting many, many hours into this and it just seems unreasonable.
So, I think you should do it. I think you should go with the county as Rachel was saying and do some kind of cooperative enforcement agreement and have it be 30 days like the county does and have an enforcement person that is easy to do it whether it's in the city or the county. Thank you very much. Thank You Renee
Next we have Teal. Teal you can go ahead and unmute your microphone
Thank you. First off, well it's me again and STRs are banned in Ojai. Ojai was the cutting edge in 2016 at the county. I would highly recommend yes Increase the fines. Yes, require disgorgement. Yes, place liens. Yes private enforcement and first of all going back to my opening line yes require disclosure to buyers that STRs are banned in Ojai I would suggest taking money from the fines, from the enforcement, putting it into an account and going from that. Keep it separate.
Use that money separately. STRs ruin communities at the county level They allow home shares. It's in order to have somebody help with their taxes if they need financial help, so they rent out their room under the same roof. That's the law at the county. Councilmember Lange, you have to live in the same house and rent out a room. That's the law. What happens is the neighbors become cops and it ruins communities. It completely deteriorates The loving vibe that Ojai is.
Okay, and then one more thing I really want to add the one month exemption is a complete loophole and I think it's a huge mistake. And I'm with what Tara said about just do away with all of it and just start enforcing and making money on that. Because STRs are banned in Ojai and have been since 2016. Thank you! Thank
you.
2:32 – 2:4440 turns
On the front page of the MyOhai app at the top, you click the start request and then scroll down. And one of the request options is short-term rental or transit or vacation rental violation so folks can put get that information to the enforcement team through existing tools We have that now. Second is the Honolulu lawsuit is not a concern at all because there, the trial court judge ruled that Honolulu's short-term rental ban ordinance shifting it from 30 day minimum up to a 90 day minimum violated a Hawaii state law. We're not in Hawaii we're not subject to that so no concern there Second is Civil Code section 4739 prohibits HOAs from requiring a longer minimum stay than 30 days. That does not apply to the city, the city is not an HOA so that's an issue for condo boards but not the city.
Thank you.
Thank you all right who would like to begin
discussion? Through the mayor I just have a question for the City Attorney. We hear STRs but STRs we're talking about a minimum. I mean when we say short term rental we're talking about a minimum of one month right? I mean under the present ordinance yes. Right, so when everyone says short-term rentals it's not just short-term rentals. It's short-term rentals of a month or less right? I mean I just think it's really important because what we're really talking about is short term rentals for one month or short term rentals for three months
Among other policy choices, yes. I think the issue may be that the community conversation is mixing up rentals of less than a month with one-month rentals. Under the current ordinance, rentals of less than a month are prohibited and are short-term rentals. Rentals of a month or more are not defined as short-term rentals under the current ordinance. The Council can ban those if they want and that's the question.
Okay thank you very much appreciate the clarification Who
would like to begin?
No, it's not. I spoke about this, what I'm about to say, I have discussed this with Vicki who has been tracking short-term rental, Vicki Byrne who has, I consider her the expert on the problem. She's been tracking short term rentals since 2015 And I sent my questions to our city attorney. And I still need clarification because from my perspective as a renter, there are legitimate times when someone needs a rental for one month and what I'm hearing is that We can still do that under the radar, of course.
And not everyone is comfortable with that and I'm also hearing that it's difficult to distinguish between a resident and someone who is Doing this for a vacation and from my perspective if as a renter you have a rental Contract one your rent very clear rental contract whether it's for one month or whatever whether it's month-to-month, or whether it's at least and I It's very clear to me that anyone who advertises on a vacation rental platform is automatically, they're a vacation rental.
And any of the criteria in this ordinance applies to vacation rentals. I mean what I'm trying to get at is that I'm still not understanding why it seems so difficult to distinguish between one month Residential rentals and vacation rentals. And I was told by our city attorney that we cannot require a landlord not to advertise on a short-term vacation rental, I'm going to use the term vacation rental Platform. That's correct, right? We can't require them not to
that's not entirely what I said.
Okay. Yeah clarification, please
Whatever minimum rental length the council sets we can ban ads for less than that minimum length
Yes,
but we can't control for a rental length. It's legal where they advertise
okay, but even so that if and a code enforcement officer sees that that tells you It informs the code enforcement officer that this is something that needs to be looked at. Because no legitimate landlord is advertising a month-to-month rental on a vacation rental platform.
Not necessarily.
Well, I don't understand that. That's what I don't understand. One of many things.
Typically landlords will advertise their month-to-month residential rental on as many sites as they can. There are plenty of folks who will look to Airbnb for getting a month-to month rental.
Okay fair enough. What
we can regulate is what's prohibited But where they advertise, as long as the advertisement is for a lawful rental length. We can't control that. We can control the length. So in other words if the council sets the minimum rental stay at 90 days we can enforce against any ad on any website in any way that is less than 90 day minimum stay but we couldn't be able to and if the council sets the minimum rental length at 30 days same thing
yeah I got it okay so I wish we could mandate unfurnished. Yeah, that would help. Unfurnished, only unfurnished. For a
hip bit furnished, that's an option we could consider further.
You can? Really?
Enforcement gets tough but it's possible.
Okay, all right, I'll have to think about that. Let me see if there is anything else.
I don't know how to enforce that
to be honest. I'm kind of joking, I'm kind of joking. I don't think you can.
Let's make sure to go let's make sure it goes through the mayor
I think I was must be naive because I really thought that You know landlords. I didn't realize that they advertise on an Airbnb whether they're legitimate or not
It's not uncommon. It's not uncommon that if a landlord is looking for month-to-month tenants, there are websites now that will put you go and you iLandlord click into it and then they'll advertise on every website possible. There are services that now do that as a pass through which will include Airbnb and VRBO and HomeAway. And we see those advertisements on the websites and if they're for a place inside the city and they're saying minimum rental stay 30 days, then that's legal.
So that leads me to my next, the problem with what some people call a loophole, a can of worms is that in order to establish that it's a legitimate resident then you would have to get into establishing that you don't have another house somewhere else. That there has to be You know, some way to establish that this is just someone that's in between. You know, maybe their house is getting remodeled. Who knows? There's all kinds of reasons or they're a renter like me and they have to have a place to live while they look for a long-term situation. They need it temporary. So why couldn't we require rental contracts that spell out the criteria for establishing residency.
Because a rental contract usually does kind of require some language, you know proof...
So that's doable? That's what exception C would do?
Yeah.
Is exempt residential rentals of at least a month if the renter establishes domicile to rented premises And there's a bunch of case law that defines domicile.
Yeah, maybe we could strengthen that by requiring a specific rental agreement.
We could do that. I mean- We can require registration of all rentals and then require formal agreement to be used or substantially similar provisions thereof. That's possible and not only is necessary if the minimum rental stay is set longer than 30 days.
Yeah. Just to be clear, I'm in favor of all the ways that you've listed in the prior pages to strengthen it My only concern is that I feel we need to be really careful that legitimate landlords are not worried that they're breaking the law, or that it's just not a good feeling. And I don't know, I don't know. Mayor Pro Tem?
Yeah so this follows up on what Sousa was asking a little bit. So you're saying there's a whole bunch of different platforms that can be used for advertising. Can we require that they include within any advertisement of an Ojai rental, that they have a statement that says that Ojai has banned the use You know, for a rental of less than 30 days. And there are fines and penalties that attach to that.
We can strengthen the linkage we have now but we've already banned advertisements for a rental of less than 30 days. We could add more words and there's a bit of an issue with compelled speech, although we would argue that it's exempt from that because it's not political and it relates to operating in business which is less protected. But yeah we could improve the existing but we've already banned rentals or advertisements rather of an unlawful rental so whatever the council defines as unlawful rentals ads for that are banned.
Yeah, so but my thought is a little bit different and it may have legal ramifications Like you said compelled speech. That's one thing So we you know, so we don't allow an advertisement but can we require someone to state the law for short-term rental because I think what Community members and actually I think I am concerned about as well, is that there's this potential wink-wink nod-nod arrangement where you've agreed to a 30 day rental and then the rental only lasts two weeks and the reimbursement occurs.
So that ban on the less than 30 day rental Doesn't exactly tell somebody who's renting. I can't do this for less than 30 days
Yes, we can compel the ads to also have a defined statement We'll analyze closely at the compelled speech piece But as I said, I think it'd be okay under the commercial speech exemptions And that can be done as every additional requirement for the ads All note is a practical matter that will weed out a certain portion of renters but I it's worth remembering that Zero is not achievable It's impossible to eliminate every single rental.
Just ask the federal government regarding several long-term pushes to solve other issues, you can't get rid of everything but what we can do is get rid of most of them and cut down the supply as much as possible so yes adding that language that says rentals must be 30 day minimum, rentals for less than 30 days whether Violates city law. Right, including rentals where the documents are 30 days but you actually only show up for two weeks violates city law that'll weed out a certain portion of
people. A
2:44 – 2:5513 turns
couple of people made the comment which I think is appropriate which can we simply ban The idea of a vacation rental. without attaching the days to it. So the 30 day I think is what creates concern that it can be manipulated and so if you simply say, like I read some, what some different cities are doing and some of them simply say that a Vacation rental is a Is a commercial use and it is not permitted in any Residential
zone
Yes, we can do that that that raises
enforcement of that is the challenge
yeah,
but we can do it Can we ban? Any residential any rental or residential real property for other than domiciliary purposes? I Yes, right. Can we enforce that? That's the challenge
Go ahead so thank you through the mayor if I could just jump in So all this discussion it really just kind of hammers home at one point You can add in all types of stuff But if you don't have somebody that's able to follow up and look for it It doesn't really write then then you are back to neighbors, you know having to feel that they're the ones Doing it. So I think I'm hearing an appetite for maybe some additional enforcement is what I'm
hearing. I think I will be advocating for your proposal that we dedicate somebody to a, if not a full-time position then three quarters time or whatever you know is decided his best for the, I guess it'd have to adapt to the problem right?
Yeah, I mean right now we the community development has a staff person that's dedicating about 25% of their time so Right. It's full-time so You're getting 70 75 percent that's not out there right now, right? They're enforcing other rules Or bringing or bringing items to Planning Commission which then they come range planning through this yeah Project exactly
So you know I'm concerned about the two exemptions that they create more language and more potential loopholes to drive through. And I am concerned that if we go to 90 days then we've got potential conflict in our short-term rental, not our tenant protection rules which trigger at 30 days. Then if we make it a 90 day period then potentially it gets confusing to me.
So I'm right with Councilmember Francina on that particular point. So my thought is we stick with the 30 days because that's consistent with what we've put in our tenant protection and that we tighten up the language about what it is that we're prohibiting And I am in favor of every single one of your enforcement tools that you've asked us for. And I wanted to make one refinement, whether to require... So the second one is whether to require disgorgement of unlawful rental revenues If higher than a standard fine and I. I think we could potentially broaden that to include equitable remedies so injunction would be another equitable remedy.
And there may be others beyond that that I haven't you know thought of but that just gives it a broader Broader base So That's where I am
Councilmember Lang.
Yes, I First of all, I think I was very Thank you. I want to thank you all for joining us today. You know, they're doing their part and so I am in support of keeping that 30 days. I would like to make the language 30 days instead of one month and that is for clarification if someone starts a rental in the middle of the month, 30 days is just a cleaner way of doing that.
And then I'm also in support of all these different, when I read all these questions in the staff report, yes, yes, yes. So increase the fines, the disgorgement or equitable remedies, all of these I think would help to strengthen the policy And I would also see if staff could Find out what's happening in the county right now and if there is any way that we could collaborate with them or perhaps share resources for addressing the enforcement and and I think That is I think that is all. And then if we do the 30 days, then that would eliminate the need for the exemptions. So I'm all for a clean policy and so I don't think we would need these exemptions if we have that 30 days.
Council Member Rule.
Yes, thank you through the mayor So I am in support of keeping the 30 days If we were not able to do that, I really just wanted to speak about flexibility and the need for people who do not have a lot of funds but do have a house that they can rent out for 30 days and go see family or take a much needed vacation. You know, these economic times are so hard for so many and sometimes what they have is a house that they can either trade or share or rent out for a month And when we take that sort of flexibility away from the middle class and the people that are having a tough time or this is the only way they can have a vacation, or they can go visit a sick parent.
So I was very concerned that this sort of lockdown, lack of flexibility would really affect people who need flexibility in these days. And a lot of people do need flexibility. They don't have a 3,000 square foot home. You know they don't have a lot of disposable income We hear from a lot of people that actually do have that. But we've also heard from people, and I appreciate this council immensely for taking that into consideration, that there are people You know, their quality of life is substantially changed because they can take in a home share or they can sublet their place for a month. And it's not easy.
to really game the system. You can't pretend to live someplace, you have taxes you need to pay, you know, you have income taxes, property taxes, you have deductions I mean there's all kinds of ways that it doesn't allow you Just simply wink-wink, nod-nod. There are a lot of systems in place if someone wanted to look at them and anyone who's gonna game the system is gonna look at that and know that they put themselves up for fraud if they do this for not very much gain but my main point is the flexibility and allowing those who need to have that flexibility with potentially the only So thank you to this council.
Even if that wasn't the intent, but I think it's a great gift that we actually give to people that need it. And for those online who have said this was self-serving for me, it's not self-serving for me. I can do whatever I want whenever I want so you can pull that back and I'd appreciate it if you would. Thank you.
2:55 – 3:0113 turns
I'd like to thank the council and the community and the staff because I know this has been a long haul We've worked on this a long time. Thank you very much. Mr. Siebert for all your hard work on this and Mr. Summers A lot of work. And I've talked to a lot of different people on this issue, met with a lot of different people, heard a wide range of opinions, lots of suggestions.
I have worked really hard on this and the question is what is the best decision for Ojai? On the macro level we know it's about housing supply and affordability And ADUs do their rentals. I have an ADU, I've rented it for many years to teachers and social workers and a dog walker, and that's providing homes for people who live and work in this community. And then on the neighborhood level, it's about making sure that there are regulations to help ensure the quality of life of our residents. So I really want an ordinance that is clear and easy to understand and deters people from operating short-term rentals because we know that that hurts our community.
I think the proposed carve-outs are complicated and that we really need laws that are fair and simple and not unnecessarily complicated So I went through the ordinance very carefully And I have seven suggestions that I think will make it stronger and better And I agree with our council members in that One month sounds like we're all in Consensus on the one month 30 days yes one calendar month. I'm gonna say no carve-outs and yes, mr City Manager We need enforcement because without enforcement it doesn't mean anything so if I can quickly just go through these seven Changes if you could please look at page 1 The bottom of page 1 the last whereas is And I'm going to suggest that we use the term one calendar month versus the 90 days there. Because one calendar month is better because, as you mentioned Council Member Lange, we have rent stabilization and tenant protection ordinances that give occupants their rights as tenants at 30 days.
Yeah, this one right here on page one.
Yeah. What did you say you wanted to do with that paragraph?
Not less than three months. She's changing that to calendar month.
And the reason why calendar month is useful is because that you can start in the first day of the month. Every month has a different number of days. So if we make it one calendar month and say someone's renting and beginning or middle of September, it would depend on how many days September has ** Does that make
sense to you? ** When I look at my leases, they start April 5th. You know, different times. And then the renters do 30 days later.
** Back to the 90 days, we don't want to force people to take on renters because that's not our intent of course. ** So removing the three months. ** And make it one calendar month. ** Okay great. ** Then if you could...
** So what if after saying calendar month, we say parentheses 30 days?
Well, what if it's February or September? Still 30 days. My suggestion
would be to set it at 30 days rather than one calendar month because that solves the when does the rental month start issue and we all are under clear understanding that a month-to-month-to month-to month rental for February although only 28 to 29 days is not a short term rental. And I would note that the last one on page one, which can be edited but is also a recital. That's not
just a recital. Thank you. If we could look at page five please, item C. This is no longer necessary because there's no less than a month so... Which is not in the interest of the community, the domicile carve out. This is on page five of the ordinance. Yes, thank you. OK, let's see. So removing that I
think about can we read it? Give me give me just a second. I want to read it myself. So what's the reason for
removing it? Because I think we shouldn't have any vocabulary in there about no less than a month because it's not in the interest of the community and that's where things can get
abused. Can I ask a city attorney about this? I'm reading item C, page 5 Domicile shall be interpreted consistent with the elections code. It doesn't say anything about the length of time, does it?
3:01 – 3:0625 turns
My expectation based on the mayor's prior comments that she wishes to shift it to a 30-day minimum stay is that when you delete on the next page subsection C where domicile is used then you no longer need the domicile definition
Yes,
on page six on
the prior page. So on the next page.
Oh, OK.
So it's going to it's going to she's going to remove this. Is that right? Yes. See.
I keep going on Page five D Can we add the words add or rent before the word fraction, any fraction so that someone with fractionalized ownership cannot rent if it's less than a calendar month. So right at the third line has a legal right to occupy and or rent the home for any fraction of that year that is less because that would avoid that issue
I'm sorry, I'm lost. This
is on D on page five where it says fractional vacation property.
OK?
OK. So if we add the third line has a legal right to occupy and or rent the home for any fraction of the year, which means that you know, if there are four people who own the house, they can't rent it out
Okay. Can I ask a question? Would that, would we also want to change the less than three months in that line to the one calendar month or 30 days? In D?
Yes.
Yeah. So
that changes to... If the council sets it at 30 days, that carries throughout.
Okay. I'm getting there. Page five H. And so that would be unnecessary if you remove the last line. It's unnecessary if the minimum stays is 30 days.
OK, you're on page five H H K. OK and the last
line
this prohibition does not apply
I'm just looking for consistency. Okay, then just three more on page six. It's just consistency because we're changing it to 30 days. And if I can Mayor, throughout the rest of subsection H the same change three calendar months deleted put in less than 30 days Okay, thank you.
I would note that one of the added provisions the sentence before the sentence you're deleting does pick up the situation where the rental agreement is for X period of time but the actual rental is less so that is picked up there
OK, and then on page six section four dash two four point oh four delete B, C and D. B is unnecessary if it's 30 days see less than a month is not good for our community. And then D is unnecessary if the minimum stay is is a month. And then on page seven Section four point dash two four point oh five penalties and enforcement Numbers item C Okay, that's the big one in the middle of page seven Can we replace the word or and that's in the seventh line?
With and before the word forfeiture I Because we want the opportunity to charge fines and disgorgement of profits not one or the other so that would be both Yes, yeah great. And then the very last one page 7 item G We could remove Item G and Replace it With any aggrieved person or entity may bring a civil suit in an appropriate state or federal court to enforce any violation of this chapter. So I'm saying we should have the option to do it right away. We don't need 30 days to enforce it.
I agree with that.
OK, and those are my seven suggestions, so I'm ready to make a motion to pass the ordinance with those seven Changes I'll
second it.
3:06 – 3:1210 turns
I Want to make a friendly amendment, okay that we have Staff bring back Language To be required in a rental Advertisement that affirmatively states that a rental agreement of less than 30 days is prohibited and may subject you to fines or penalties. Okay,
I'll accept that. Okay, well we have a motion and we have a second. Council Member Lange?
I have a question for the City Attorney about that. Would I be correct in saying that there are First Amendment rights to commercial speech though that would preclude us from having that kind of language?
The First Amendment protects commercial speech to a lesser extent than political speech. Summarizing the Fairmont case law, the line is the activity being regulated lawful or unlawful. I think we could take the position that requiring a statement of the minimum rental length is an acceptable regulation in commercial speech because we're saying—we're mandating that the ad state what's lawful.
Okay, all right. Well we have a motion we have a second any comments before the roll call yes, please
So when this says any aggrieved person or entity may bring a civil suit In an appropriate state or federal court. I mean anyone can bring a suit anyway for anything I'm just Yeah, okay. I mean, I just feel like there should be... Like you know, I just worry about something like your neighbor thinking you did something and then they're gonna bring a suit and you have no choice in the matter but to have to fight this suit because they so chose or they misunderstood and then you're wrapped in illegal morass for a year or two You know, there just seems to be I don't know.
It's upsetting to me that anyone can decide that you have broken the law and can sue you for this, even if you haven't. There is no investigatory process. They can just bring a suit against you and you have no option but to deal with it. You know, that opens the door for all kinds of not only nuisance suits but really vicious suits. Right? And I'm just kind of worried about that. I'm just kind of worried about neighbors who get mad at each other or attorneys who are looking for employment.
All these kinds of things. I don't know if there's a way to have standing or if there's a minimum sort of evidence that you would need to provide to, you know, the city to get – and I don' think you could probably do that – to get some sort of verification that there had been something that went on. You know, it's just another way that neighbors can inflict if they so choose pain on each other honestly with no basis whatsoever. So that's my only concern about this is these lawsuits that you have no choice but to have to defend because someone decided that maybe you might've done something.
Maybe you need a little bit of evidence for
I'm sorry. Do you want to respond to that?
Yes, Madam Mayor it's legal to add something like that it could be structured as a A couple ways to do it. One would be require that a suit to enforce the city's ordinance requires city consent, akin to how the Attorney General enforces incompatible offices doctrine where it requires consent to bring the suit forward. Another approach would be to restore the language that was removed in the mayor's motion that would require 30 day notice period and demand That gets at it in part, but doesn't get at it in full. If the requirements say that somebody in the city thinks is not frivolous to bring the suit forward then yeah you require the city consent of the suit.
That would be lawful to add if the council so chose
I would like to amend the motion to include that, that the city validate the claims in some way because we require the city to validate other transgressions to this law. So I hope that my fellow council members would find that to be an amenable friendly amendment
I
3:12 – 3:2019 turns
was going to second
Well, it was posited by comes were rule as a friendly amendment if the Maker of the motion and the second of the motion do not accept it is a friendly moment. Then it can be made as an amendment
Okay, well let's yeah, I
just wanted to say that I mean, lawsuits don't go on for a year if they're without a basis. In fact, you know lots of lawsuits end very quickly when the lawsuit's filed and the person who is being sued communicates What happened either there's a either there is a basis for dispute or not. So I mean should the city weigh in on that or should a judge say hey there's not enough facts here.
The case is dismissed. That's
Well, let's take turns. Yeah. Well, you know when I live next door to a neighbor whose dog barked all day long in order for the county To even investigate you have to have a letter from three other neighbors They did nothing unless three other neighbors or two other had to pass three neighbors in total that would complain III do think this is an important thing to consider carefully because we want We want to be really careful, there is potential.
Why did we remove the 30 days? I like the idea of the city being involved. The city's involved already. The city's already involved. We're banning short-term vacation rentals is what we're doing, so the city's already involved. So it's not unreasonable for the city to see if the code enforcement officer to see if it's a valid claim or something like that. The
most important thing is that you know, we have private Attorney General's Statute and that private citizens can Regain the fees if they win. That's the most important thing And so Yeah,
I'm worried about the city to being drug into a
And I
would some dispute over whether there is a factual basis for the lawsuit or not. Usually the courts decide
that
Yes, so III actually agree with councilmember rules Air of suspicion, you know their People can be mean to one another, they can be vindictive if the dog's barking and they might want to look for a reason to get back at them. There can be bad blood between people. I think the 30 days written notice and demand I think that would serve as a clean delay tactic in any kind of frivolous lawsuits or revenge lawsuits.
Instead of the city consent, I think it's important though to protect neighbors from neighbors. I love my neighbors but you know... Is that a friendly amendment?
I would certainly accept the amendment to my friendly amendment. This is also the language that we have in the rent stabilization
precisely because of needing to make sure that there is true and good intentions. Not true and good intentions, but there aren't bad intentions. You're just not trying to inflict trouble on your neighbor. My son refused to be a real estate attorney because he said it's all about neighbors fighting each other and they will go to the death over a fence. And as far as the judge determining it, it can be months and months and months before your hearing comes to court and all of this time you're stressed and upset and having to talk to your attorney And even if there's nothing in the case, then they appeal. And then you're another six months waiting to be heard and more money. There can be nothing to it and it can take easily a year.
And most people who bring frivolous these kinds of lawsuits, they're out for blood, you know? And they're going to take you as far as they can take you. And it also gives power to people who have more money because they can afford the attorneys Even if you think you're going to get attorney's fees in the end, attorneys won't take contingency for this. So, I think that the 30 days remedy and rectify keeps the ordinance in consistency with our rent stabilization.
I don't have a problem with putting the city in as having to decide if this is true or not. The city's already doing that. The city is the enforcement agent Anyway, I mean there's not to you know they just simply have a finding You know and they say yes or no And this is something that you know I don't know that it would embroil the city in anything other than they made a Finding as they always do. The planning department is nothing but findings unless I'm You know, pretty much you make findings. So I think that having the city involved is a stronger protection. I would not object to your, you know, the consistency of the language if that was where we ended up but I really feel like to make sure before we move forward, that before we put this on our people that they have some protections for bad actors.
You know a lot of you know so anyway that's Whatever the council thinks is a better way to
go.
Mr. City Attorney, did you want to say something?
No. We await policy direction but I would note the last sentence of the present language in part as protection against a frivolous or meritless lawsuit. Okay. In that a defendant who was subjected to a suit that the court found frivolous and lacked any merit would recover attorney's fees.
Mayor Pro Tem.
Yeah, so if you put in this 30 day provision. You will not get any attorneys enforcing this. They will because you'll write a letter and then the person will say I'm not going to do that anymore. And then they'll go back to doing what they were doing when the spotlights off of them there. There will be no attorneys if we're trying to encourage an attorney to take on putting in that 30 day notice provision is going to kill their incentive. So if you want to have some check and balance, then do it with the city as examining the merits of the claim as opposed to that 30 day notice provision.
I will accept that as a friendly amendment. So are we ready for roll call? Well, I think I think we're good for roll call unless you have something else to say
3:20 – 3:2618 turns
So we're just to be clear We're going with the city Some review process by the city.
Yeah, my one concern is creating more work for our staff so I'm looking at our staff and And I'd like you know your opinion on that
Well, Mayor, I think they're hearing maybe an appetite for some additional funding for a resource to help with this effort. And I think you're just adding more reasons why you should think about that. So I think that if we do have an additional resource and I would defer to the city director to think about what that might be doesn't have to answer right now.
Yeah, that's probably acceptable.
All right. Roll call, please.
Thank you, Mayor Sticks. So we have a motion from Mayor Sticks seconded by Councilmember Lange to pass item number two with amendments proposed by Mayor Sticks, Mayor Pro Tem Whitman and Councilmember Rule.
If I may, just for clarity why don't I summarize what I understand to be the adjustments. So it's introduced the ordinance as proposed with throughout changing the reference to less than three months to be less than 30 days in several places deleting the exemptions that were in section 424-04 subsection B, C and D is unnecessary given revising the rental length to be less than 30 days Deleting the definition of domicile is no longer relied on.
Revising the definition of unlawful short-term rental to provide less than 30 days and delete the reference to domiciliary rentals and one run of rentals by operation of law, again unnecessary given the 30 day provision to provide that in subsection C of 424.05 Its penalties are fines as stated and disgorgement of all rents and other gross revenue unlawfully received.
Equitable remedies is already in there in subsections B and D, and to provide in subsection G that city consent is required before a private lawsuit is brought but delete the 30-day notice provision That's what I understand to be the adjustments. Thank you.
All right, Council Member Francina?
Yes, I love when our minds work together. I love it!
Council Member Lange?
Me too and I do too, Council Member Francina.
Mayor Pro Tem Whitman? Yes. Mayor Stakes? Yes. Council Member Ruhle? Motion passes
5-0. Thank you very much. Well, we do have public communications remainder so we have Wendy Hilgers.
Thank you so much. I was sitting at home watching the City Council meeting as I always try to do, and I knew that I couldn't let the night pass without coming to honor the life of a woman who gave so much to Ojai. Nancy Hill passed away today. She was one of the kinds of women who always wanted to help and always did help, she never refused somebody if she couldn't do it she found somebody who could. She was the guiding light for the Memorial Day celebrations every year, year after year gathering people together to help, people to entertain, to honor all Military people who had passed away or were still on duty. She was an incredible inspiration even at her work, she was sometimes the main conduit that her clients had to see what was happening in the city.
They had no other outlet. So she was active in every part of their lives, and I just wanted to say she touched the lives of thousands of people here in the Valley and thousands of people will remember her in a wonderful way. And I had to come and say something. Thank you so much.
Thank you, Wendy. Thank you very much. Any comments online?
We have no comments online
Okay, all right. Well we will move on to closed session We have two closed session items conference with real property negotiators Negotiators and conference with legal counsel existing litigation anything to report out. Mr. City.
Yes Think about a mayor the council will be meeting to consider the two items listed one Council's real property negotiators regarding far away North Montgomery Street for the Habitat for Humanity project. No reportable action is expected tonight, direction is expected regarding the price and terms of the deal and the approval for that project will come back in open session.
And then for the existing litigation it's the Santa Barbara Channel Keeper versus State Water Resources Control Board City of San Buenaventura versus Abbott case there this is the water lawsuit and we're not expecting a reportable action but an update regarding the ongoing discussions thank you
Thank you and we will adjourn to closed session. I want to thank everyone for being here, I assume you're not going to be waiting for us when we get out so have a good night.