UnGovr Transcript
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 – 0:0210 turns
Call to order, we
have
a quorum.
Could we
have the roll call please
Weston?
Roll call — called by Weston Montgomery
Show transcript
Thank You Weston would you please say the pledge for us today
yes welcome
everyone and welcome to the October 10th 2023 meeting of the Ojai City Council.
Thank you, Estin. And in honor of Indigenous Peoples Day which was yesterday and given that it's such a chaotic time on the planet right now I would like to begin our meeting with a land acknowledgement and then a moment of silence. A land acknowledgment is a formal statement that recognizes and respects indigenous peoples as traditional stewards of this unceded land and the enduring relationship that exists between indigenous peoples and traditional territories.
The land acknowledgment signals a commitment to develop a meaningful relationship with the Chumash. The Ojai City Council recognizes that we are fortunate that Ojai and Ventura County still have many residents from the Barbarino-Venturano Band of Mission Indians. They remind us that the land that we love and live on was protected and nurtured by the indigenous people for thousands of years.
In the spirit of healing, We acknowledge and honor the Chumash tribes who live among us today, the original people of the land upon which our city stands, their ancestors and future generations. And if we can all just take a moment of silence in recognition of Indigenous Peoples Day. Thank you all.
Agenda Discussionitems moved / continued / pulled — click to expand
And we will move on to the approval of the agenda is there a motion to approve?
I'll move to approve. I'll second it.
I would like to pull item 2, the commissioner, the HPC appointment because one of the applicants was out of town and I was just able to meet with her today and it's too rushed so we will bring that back. So thank you for your patience Chair Aikens.
And I want to pull item 3. And the reason being that there, I think we need more analysis of how the three things we're being asked to do might impact the claims being made by the developer.
So we have a motion to pull two and three. Is there a motion to approve the rest of the agenda?
Wait a minute, I'm not in favor of a motion necessarily in favor of a motion to pull item three. Can't we use that time to add... We don't have to make a decision can't we use that time to ask questions? That seems like a big item to pull and we have so many other things on the agenda
I think it's very important that we get analysis of what this is about before we start discussing what we would do on it.
And I would actually agree with that. I have heard from many members of the public and they would like to do some more research on this item So, I think we definitely need more time so
I would make a comment that I'm agreeing with Council with Mayor Pro Tem Sousa Francina that we could discuss it and not vote on it but even to air out what some of those Confusions might be would be helpful. I have questions Potentially there are people here to speak on it. Once again, I would prefer before we move this forward that on to what this exactly means. It doesn't in any way bind us to voting on it and or tabling it, so to me this is a premature motion and I would prefer that we at least understand the situation before we just say go away and come back with your analysis. I would like to have some questions in there and figure out what my questions are
I did take time to ask my questions to the city attorney, and he responded to my satisfaction. So I'm actually ready to move on it.
Okay well we do have a motion and a second.
So the motion on the table, as I understand it, is to approve the agenda as proposed. A substitute motion could be made to approve the agenda with item three polled and then that voted upon first or amend the original motion to delete item three, vote on that and then vote on what's left?
Pulling item 2 also.
My sense is there was consensus to pull item two, but I would ask the council to confirm that.
Okay Councilmember Whitman did you want to make a motion? Yeah,
I'll make the motion that we pull both item 2 and item 3 for later analysis and discussion. Bring them back at a later time.
Is there a second for that? Just one second. Is there a second?
I did have some questions for the City Attorney regarding this topic. Here we go again, we're in that same situation where my colleagues are asking for more time and And so I'll go ahead and second that motion. Okay,
discussion? Well we have a motion and we have a second. There has to be discussion. Excuse me, excuse me council members could you please remember not to interrupt or bring it through the chair and I can hear you but if you could take turns because when you're speaking at the same time it's not effective. So we have emotion, we have a second would you like to make comment Council Member Rule?
I would. Once again, I think Councilmember Lange is not understanding the situation. We are not saying we don't want more time. What we're saying is that there are questions here in this room. There are people that showed up to discuss this item. This is the same thing that happened with the general plan where we just said nope, we're not going to discuss anything. We're not going to move on anything.
There is nothing here that says we have to vote on this. The only thing with this on the agenda We're not asking not to have more time. We're asking to have a preliminary discussion right now with the ability to give more time. What we're doing by pulling this motion is saying that everyone who showed up here to make comment will not be making comment, I will not be making comment, Susie Francina will not be making comment or asking questions So that's what we're really doing, is we're saying that we don't need to have any public input right now or questions right now regardless of the fact that people have showed up to discuss it. It's not a matter of giving more time or not giving more time. That is a misrepresentation of what this discussion is.
Mayor Pro Tem?
Yes, I would like to know what is meant by further analysis and who's going to do this analysis. And I would like to know from the city attorney if you are prepared, I guess hope that you can answer questions that may come up. Absolutely. I don't understand what you mean by... I think the
issues need to be framed properly and that requires analysis.
Who's gonna be doing this analysis?
That's yet to be determined
Excuse
me, could we please have some decorum and civility? And if you could refrain from any comments so that we can hear please All right. Well, we do have a motion and we have a second. So if we have the roll call, please Weston
who
would be doing this further analysis I
My expectation is that if the council were to ask for further analysis, myself would provide additional analysis. Likely the staff, Mr. Siebert, Mr Scott and from there as the council may direct.
Well, you know one of the reasons we get our agenda usually on Thursday or Friday is that we have three days Even four days to ask for further analysis to gather information I mean to spring this on us at this late moment I'm I object to that.
Okay roll call. Oh, I'm sorry councilmember Lang
So since we already having a discussion about it let's have the discussion and and We'll go ahead and have the discussion Thank you.
All right, approval of the agenda with pulling item two and motion to approve?
I'll
move to approve.
I thought we already did that.
It might be cleaner for a new, erase the prior motions in a new motion make the record clear.
Okay do we have a motion?
I'll make a motion to approve the agenda except pull item number 2. I'll second that. Roll call please Weston
Okay, thank you very much. All right we will move on to presentation. We have a presentation of the annual Ojai Day poster competition and an update on this special event of 2023 so thank you to Christy and Louise, much appreciated they're bringing forward a presentation of the Ojai day poster design entries and we'll also update the council in public on plans for the day. Thank You Christy hi
I am the events and public information officer with the city of Ojai. And I'm here to present the submissions for the Ojai Day 2023 poster competition. We had eight in total, so next slide please. The first is titled Downtown Ojai by Jack Kendall Velazquez. Next slide please. Then we have Fountain Park by Jack Kendall Velazquez as well. Next slide, please. Ojai Day by Dennis Wood. Up on Chief Peak by Ren D'Angelo.
Cruisin' Ojai Main Street by Francie Beeman. Eye of Butterfly by Tina Miller. Next slide please. Daydreaming by Tina Miller. Next slide please and Sprinkle of Ojai by Tina Miller as well.
Roll-call vote Passed 4–0 motion to approve the agenda except pull item number 2. I'll second that. Roll call · 1 under review
Show transcript
0:12 – 0:2118 turns
And then we had a staff art jury who, next slide please. Decided on the winning design Ohai Day by Dennis Wood. Next slide please. And that's the winning design.
They're
in person as well.
Very nice.
It's beautiful. Yeah
yeah.
So just a brief update. Ojai day will be October 21st on Saturday. We will be having it on Ojai Avenue from 10 a.m. to 5 p.m.. The road will not be closed overnight. It'll be closed starting 6 a. m. that day reopening at 8 p.
All right. Thank you so much, Christy. Looking forward to it. Appreciate it.
Thank you. Have a great night.
You too. All right. We'll move on to commission reports. We have a commission report from Chair Aikens.
So let me I'm Brian Akins. I'm the chair of the Historic Preservation Commission. My head is exploding, but lots of things happening. Head is exploding, but lots of things. And so is my phone wondering why the HPC item got pulled and I'll explain it to you. So as you know, we've been working for that. One of the things we have... I made a comment, I think, a month ago that the outreach in the newspaper I felt was lacking.
I went back and double-checked that. There was an advertisement June 9th for Parks & Rec's and a youth commissioner June 23rd Ventura Parks and Rec in Ventura, California. The next advertisement that was in the paper was actually last Friday and that's when the Historic Preservation Commission advertisement for the position that Cindy Convery vacated September 14th was finally advertised for. And so we as I've mentioned in the past we have been doing Our own recruiting reaching out to candidates. I do want to clarify something so people are talking about the four applications that are out there This is one applicant she put it in at the beginning of the year June 7 or January 17th Mayor sticks met with her thank you for doing that Here's another applicant.
She put it her application in January 11th Here's the third applicant a non-resident put her commission her application in March 1st and our fourth Applicant also a non resident put her application in April first so Again, and this is just I came to you on the priorities before we even lost our commissioner and said that our commissions are not able to meet for various reasons. So that's where we are in our commission. We thought we had candidates in place.
In fact, that changed this afternoon because of a family health issue on one of our candidates that we're looking forward And so we will just postpone and do what we can when it comes in November. For Ojai Day, we will reach out to Mara our staff liaison and have her reach out to the commissioners so that were staffed for Ojai day and I'll be dusting off my gel stripes in my crazy hat So that's where we are. We are waiting to meet, we're anxious to meet.
The other thing that if we had actually a meeting in September which is when we were planned it got canceled just before that and I've mentioned this before some rumors going around that the structures of merit Which came about nine years ago, my first meeting in the HBC in September 2014 was actually talking about the structures of merit between Craig Walker and Terry Hill.
So when Craig came back on the commission he asked that item be brought forward to the commission. We did that again I was on the commission with Craig before That there is some crossover between the structures of merit that we brought up in the joint meeting We had with all of you and with a downtown historic district So I am here because we we didn't get to have that meeting on September 14th. That would have clarified that do again clarify that for those that are listening That the Structures of Merit is an independent initiative. The Structures of Merit is mentioned in the code session, city code. It is something that is suggested by the historic preservation that they find and they put forward.
If we had brought it to you by now which I hoped we would have done, that would have actually been the third time that it came before the council. All of those the first two times he got punted so go figure But the structures and merit even though there's a slight overlap to that is not being put out as a Backdoor wait for the HPC to get control of your properties. I Don't live in this city.
I Not indebted to anyone or I give all I can so I have All I want to do is keep Ojai the beautiful Ojai that it is. The downtown historic district, we had planned to bring out the new map in October but may not be able to meet in October. Hopefully we are. Well, it is October now. Sorry once months going too fast I said my head had blown up so again I want to thank all the many people that That helped us. I had a new phrase that said sometime the magic happens after the closing gavel bangs and I saw some of those magic, and since Matt was there, I will tell you none of that broke the Brown Act in any way at all.
If we had have, Mr. Summers would have reminded us that we were out of turn. So anyway, I appreciate everyone's support and your efforts in trying to enable us to meet, Large agenda that we put in place for our September 14th meeting And again, just a plea for the other commissioners that we bring them applicants as much as we
can So there's four applications but the the qualifying person has to live in the city limit Correct. So there's only two yes qualify and so my question is are they are we still taking applications or OK, so the public needs to know that. All right? I hope
so.
Yes. Yeah.
And again, I'm sorry.
The application form is available at city clerk's office and I assume on the website.
Correct. And again, yes, four applicants two of which were residents. Two are non-residents because with the new rules we can't bring in a non-resident they weren't interviewed but the other two were again by Mayor Sticks so. Okay
thank you Chair Aikens much appreciated. Thank you. All right we will move on to public communication and just a reminder these are items not on the agenda and because they're not on the agenda we cannot discuss them. We appreciate your viewpoint and participation and we can agendize them in the future Just a reminder that you have three minutes and at the end, you'll hear a chime. So please stop speaking when your time is up.
There's no giving away time to any speaker and if you're in agreement with a previous person, please just say ditto. And there's been a request to say your name and address of course that's optional. We will begin we have half an hour so we'll begin with our first 10 which are in my hand and then we will continue after the first item. So let's begin with Ron Solarseno from the library, David Bell and Colin Jones.
0:21 – 0:278 turns
All right thank you so much members of council my name is Ron Solarseno and I am the regional librarian for the Ojai Valley here to just give you a little update on what we have going on at the Ojai Library this month First, I want to mention that on this coming Saturday, October 14th, we have an author, former FBI and Department of Justice Special Agent Kenneth Strange, who's going to visit the Ojai Library to talk about his newest book, which is called A Cop's Son, One G-Man's Fight Against Jihad, Global Fraud, and the Cartels.
During his career, Strange served with three U.S. government agencies pursuing criminals and bad actors including some of the most heinous criminals on the planet. This book draws on true crime investigative stories accrued over a remarkable career and includes a posthumous homage to Strange's father's storied 38-year NYPD career. So local author coming on Saturday October 14th Then the following week on Thursday, October 19th, the Ventura County Regional Energy Alliance is going to be joining the Ojai Library to celebrate Energy Awareness Month. You can come to the library at 5 p.m. to learn about electric vehicles at an exciting event that's perfect for families and EV enthusiasts of all ages. You can join in for an Electric Vehicle 101 presentation, you can explore an electric car in person at the library And you can enjoy a fun craft activity we're gonna have set up for kids.
These special events are happening alongside our usual offerings, we have of course our Monday morning ukulele club, we have our Wednesday morning story times for children's age zero to five and then we have our knitting and fiber arts workshops on Sundays as well as many other activities. For a list of all of our programs please visit our website vencolibrary.org That's all that I have for now. Thank you so much.
Thank you, Ron Next we have David Bell then Elle Caldwell and then Colin Jones And just a reminder that I'm sorry and these these this color card are for events and organizations
Yes, I'm an event in an organization. Thank you.
Wonderful!
Thanks for listening my name is David Bell and I am a member of the Ojai Film Society so we're the people that put the free movies on at Libby Bowl. I know a lot of people have been coming out this year was the second year. I know that the Ojai Film Society goes back a long ways but it's been kind of revitalized Re-whatever, animated and I think it originally started with a group of people that during the pandemic they're like hey why don't we show some movies in Sarzotti Park and it'll be great. We can be outside and I think it was actually the city that said why don't you guys use Libby Bowl? And so you know we did. I got involved that last year by going to a movie and saying like well I'd like to do this We had like a blow up screen and it was all kind of put together, and now this year we've got just a giant screen.
It's a fantastic place to see a movie. We've had over 4,000 people come, and it really feels like it's becoming You know, the idea is like we want it to become a thing in Ojai where people can come see these great movies for free and that it gets sort of branded. That people are sort of like hey, it's the Friday night movies right? And so the reason I'm here is we're having a bit of an issue with the city in terms of getting the dates that we need for the Libby Bowl and it's kind of an important thing that we actually have Certain specific dates because like it has to do with like the time the sun sets and things we you know, because we got to be out. We got over by 10 so I have it here the dates who've been looking for and like I say the city's always been great they've helped us a lot But I wanted to get out here and put it on somebody's radar, whether we can possibly get those dates either kind of legacied in for the Film Society.
It's a great event. It's completely free for everybody in the town. It really was a major success this year. But if we don't have the dates sort of locked down, it becomes kind of difficult to sort of commit to doing it. And I do know that the last movie we did was Friday, last Friday and Monday, yeah. It was great and Sound of Music we did, The Princess Bride, so many great movies but on Monday we were meeting to basically plan for next summer. That's how quick it's gotta... It doesn't seem like a lot to just show a movie in the park but it takes a lot of getting your ducks in a row. So if I might, to just pitch it to the City Council. The dates we need for next summer are July 26th August 9th and 23rd September 6th and 20th and October 4th and that sounds very specific but literally if we can't get those dates it just might not work out.
It might not work out for the sun We can't really do two weeks in a row because it's just too much to kind of pull together, so it's sort of like every other Friday. For any help the City Council can give us we appreciate everything you've done so far and thank you very much.
Thank you Dave. at a future time. Thank you very much, appreciate that.
And thanks too for all the work that you've done. This summer series was incredible and it was really a fantastic event. Thank you David.
Next we have Elle Caldwell then Colin Jones then Barry Rabe.
0:27 – 0:3522 turns
Good evening Council and Mayor Sticks I'm here, I should say now for something completely different. I'm here to ask each of you to thoughtfully question who you are here to serve. Do you serve the majority of opinions of speakers and email senders on any particular issue? I wholeheartedly ask you to listen to and consider every opinion expressed but we do not know who or how many people they represent.
Your tally of pro and con comments is a questionable premise to base your votes on. It seems to me the same is true in the case of the number of voters who sign a petition. Again, I assert you should listen and be informed by the numbers but should you base your votes on that? Do you serve the people of your district or at large in the mayor's case who supported you in conversations with funding, time, energy and their votes?
This is a very important question when an election as close as the recent races have been. And because the district system was forced upon us. Again, the more folks you listen to and constructive ideas you consider, the better But are those opinions what you should base your votes on? Do you serve only the people who live inside the Ojai City limits who can vote for you, or do you consider the impact of your decisions on our whole community, the people of the whole Ojai Valley, our neighbors, our friends, our families.
I ask these questions based on statements some of you have made in past council meetings I suggest that each of you should represent every one of us, our whole community. I want to trust that each time you vote, you will base your vote on community input and more importantly on your own research, thoughtful consideration of what will create a community that works as well as possible for everyone. Thank you.
Thank you, Al. Next we have...
Can I
make a quick comment to Al?
Al?
And just a reminder Council, generally we don't comment on public comment.
I'll just comment here. As we move forward with our whole process, thank you for bringing that up. I think it's very important that we all understand how decisions are made and I think it's really important that we also have a process for that So thank you for bringing that to our attention. It is something to discuss for us, for sure. How do we make decisions? Thank you.
Next we have Colin Jones then Barry Rabe and then Bob Kemper.
Colin Jones, East End. I have a little poem about current events Judge Coates was not fooled. He has cleared both Drucker and Rule. He says they did not violate the Brown Act, that they were merely stating fact. In Ojai, there is a group with a technique that wishes to strangle our ability to speak. To intimidate us into silence is their plan using frivolous lawsuits free speech to ban but the wicked strategy has failed now they're the ones getting nailed attorneys fees they must pay or how they will rue the day when they thought the way was paved to destroy the freedoms we all crave, by threatening our First Amendment rights to make us all afraid to fight.
For all of this who is to blame? Who abused the Brown Act without shame? The judge said in a secret meeting it was the city council who was cheating. We now know who caused the conflict, it was Whitman Lang and Sticks. The judge said of Whitman's declaration that he misrepresented the truth in his citation. And what of Mr. Summers? Did he not claim that Leslie Rule broke the Brown Act again and again? That should give you something all to chew when he comes up for his next review.
How much time and energy and money is this all cost? How much faith in this council has been lost? How many voters need to be upset before we hear one word of regret. The judge said in his evaluation, Lesley Rule did not disclose confidential information. Yet you three would not give her two red cents to help her in her defense? Do you feel no shame leaving her alone to take your blame?
Mayor what kind of counsel do you present? You are in this office, and it's our town's lament. And who exactly do you represent? And who and where do you derive consent? Is it simply Ojai that you put first, leaving truth and justice in the dirt? We're all so tired of hearing you three whine we're presiding over Ojai's decline. This town of ours will never align until you, you, and you resign. Thank you.
And just a reminder, if you can hold any kind of noise. I'm going to make a statement and I'm sorry, Barry, just one moment because I think it's important that the public needs to hear this. So here is what I think is happening at City Hall. There is a small group of people who in the last election supported four candidates who lost two council seats and the mayoral seat.
This group chose to engage in an unprecedented, unrelenting and vitriolic negative campaign. They have continued their personal attacks on those with whom they disagree. Excuse me, I'm going to ask for a point of privilege. No, I am going to finish. The public needs to hear this and I have the floor.
One of the privileges recognized under Rosenberg's it would be in order to see what the point of privilege is and then deal with it as needed.
What did you just say?
Councilmember Rule called for a point of privilege. Rosenberg acknowledges points of privilege, typically like a personal privilege point. I would suggest that may be worth resolving.
So I'm going to continue
Well, this is you have to deal with the point of privilege before you continue and I'm
not sure
what the point What
is your point
my point of privileges as I recall? You just admonished me and said that we shouldn't be speaking back to To public comment yet here. You are not only make speaking back on a public comment. You're making a statement Well, and I think that is out of order it's inappropriate And it's not on the agenda
Well I would
let's see sticks in there but it is me excuse me. You're asked about my point of privilege mayor Betsy sticks declaration of how she sees this is not on the agenda and it is inappropriate for you to be stating a proclamation. It's inappropriate and so I'm going to make a motion that we stop this right now. This is not appropriate. It is not on the agenda. Is there a second
for that motion? All in favor?
0:35 – 0:4634 turns
Okay, let's
discuss. We can just vote and who is in favor of that motion?
The problem is it feels like you're speaking for all of us.
No, no, Suza there's a motion on the table so motions allow discussion.
If I could just take a moment and remind everyone that Pluto just stationed direct and that we are headed toward an eclipse and Mars and Pluto have been square one another. I'm just trying to be unpredictable here.
Okay, well here's a there's a motion and there's a second we can have discussion eventually whenever roll call so is it you've already had time to give your statement. And
if you make a statement that there has It's not possible for you to make this strong of a statement that we don't, then you have to open it up for discussion. And it's going to take a lot of
time. By the time we have taken more time discussing whether or not she should make a statement, she could've just made the statement. Okay let's just vote. Can we have
a vote? Let's just vote. It's a matter of process and procedure and it is always It's always.
Excuse me, let's be
polite. You know process and procedure is good until it comes to you.
I'm going to ask for the roll call on this motion. We have
Roll-call vote 0–0 Moved by Leslie Rule · Seconded by Suza Francina · 5 under review
Show transcript
Roll-call vote 0–2 motion by Councilmember Rule seconded by Mayor Pro Tem Francina for mayor to seize her statement due to the point of privilege. Roll call · 3 under review
Show transcript
Do I get a chance to make a statement? Just vote, please. Yes. I would like to make statements
as well. Mayor Pro Tem Francina. Yes Council Member Whitman No
Okay, I'm going to continue and then we'll keep going. This is the problem right here. Excuse me. This approach has led to unnecessary... God please not! Here's what's
happening at City Hall. Point of privilege again. We have an audience member shouting from the back which she does
often. This approach has led to unnecessary and destructive discord at City Hall This destructive approach to political discourse is playing out in the U.S. House of Representatives and is being mirrored in communities all over the nation. I went to two workshops at the League of California Cities Conference a few weeks ago in Sacramento, which focused on communication and specifically the toxic political dialogues on social media, print media, and at council meetings For example, the Sacramento and Ventura City Councils recently banned Zooming due to outrageous and unacceptable comments.
Though I put a very high value on the importance of people being able to express dissent at council meetings, the unrelenting personal attacks damage the process and the community. It's painful to be at council meetings. The negativity drives kind and thoughtful people out of the process, and in the long haul discourages community members from running for office.
Who would want to serve on the council if that potentially means continual attacks from a few people who might disagree? The good news for our children is that despite the hostility and several years of delay by the previous City Council majority, this council was able to bring forward local climate action that passed with a unanimous vote. Not long after in an effort to provide relief for Ojai renters whose wages could not come close to keeping up with rent increases I introduced rent stabilization that passed with a vote 3-2.
I vote in support of what I believe is in the best interest of our community. Could I have quiet please? Sometimes special interests don't like that. We can, though, all be the change we want to see in the world by moving forward, stop questioning colleagues and community members' motives and practice unconditional, excuse me, quiet please, quiet, unconditional positive regard.
Each of us has a responsibility to lead with compassion not fear and stop the attacking so that we can work together The finger pointing is the problem. It's time to be part of the solution, we need to work together for a better future for our children. Thank you for listening and thank you Mr. Ray for your patience.
To amend the agenda in order to have the mayor make a statement this was not a response this was a statement this was. A page and a half type statement that's not on the agenda so this is a violation of process right off Is that what we did? We said that we are amending the agenda so that the mayor can actually make a statement. Is that what we just did? What did we just do? Did we just, the mayor just decided that she had the right to make a statement?
It's not on the agenda. It's not Rosenberg's rules. We're not following process and procedure. So my question to you is what did we just do?
The Brown Act allows council members to provide a brief response to statements of members of the public at general public comment. My understanding what the Council has just done is that the majority, admittedly by a 3-2 vote allow the mayor to provide a brief response to a member of the public's comments in public comment.
Thus
there was not a violation of the Brown
Act. Okay I want to be very clear this was a brief response to a public comment that was typed out that was written and that was a page and a half let's be really clear about what just occurred And I will leave it at that. This is once again, shameful.
Mr., just a reminder to council that we are practicing unconditional positive regard and let's not... Excuse me, could y'all show some decorum and civility and stay quiet? We have Barry Rabe, Mayor Pro Tempore.
Mayor Stixx, the problem is that you make these statements When someone speaks against you and your beliefs. I have never heard you make a statement when your boyfriend came to the podium and said all those things about me. You know there's a double standard and hypocrisy. I love your good qualities but wait, I want to say this is you know we're scheduled to stop public comments at the half hour mark and there is no item two so I think for tonight Let's have the public continue, let's not interrupt since we seem to be able to make up the rules as we go along.
This half-hour rule cannot possibly apply
because we've
taken up the public's time.
Barry, excuse me Mr. Jones could you please be quiet? Next we have Barry Rabe. Mr. Rabe? My
name is Barry Rabe I'm a long-term resident of the Ojai community with family inside and outside of the city limits. Three members of this council have repeatedly blamed the council's dysfunction upon Leslie Rule for disclosing protected information from closed session Ms. Rule's attorney John Drucker asserted in January of this year that the information she disclosed was not confidential because it was outside the scope of the closed session agenda, and the three-member majority of the Ojai City Council nevertheless voted against indemnifying Leslie Rule against a slap lawsuit arguing she brought it upon herself by her disclosures. Betsy Sticks and Andrew Whitman actually wanted the city to sue her, and they voted to exclude Leslie Rule from being present for their discussion.
By voting to abandon Ms. Rule, the council majority supported the plaintiffs in their attempt to intimidate Mr. Drucker and Ms. Rule. Council Member Whitman went further, actively supporting the lawsuit with a letter that brought him a well-earned smackdown from the judge for misrepresenting the truth. The judge's recent decision tossing the SLAPP lawsuit confirms that Mr. Drucker was absolutely right. It finds that the information disclosed by Leslie Rule was not protected under the Brown Act. Judge Coats also notes the irony of trying to use the Brown Act which is intended to ensure openness and encourage public participation to withhold important information from the public.
Let that soak in. The City Council violated the Brown Act repeatedly exactly as John Drucker, common sense of Ventura County District Attorney and now a superior court judge told them they did so this city council's dysfunction didn't result from Leslie rules disclosures it stemmed from Mayor Stixx's double dealing and deceit She worked behind her colleagues' backs with Leslie Hess and Tom Francis of Simply Ojai to betray the elected supermajority of the prior City Council. They then supported candidates they expected to be deferential to them so that they could force-feed the city Simply Ojai's agenda. The successful result was a majority that misunderstood, disrespected and abused the Brown Act. In the case of Mayor Sticks and Andrew Whitman, the result was a master's class in petty vengeance and abuse of power.
Their behavior and the judge's ruling in this SLAPP lawsuit demonstrate the critical necessity of recording future closed session meetings so that they can be reviewed in the district attorney's office when there is a dispute about compliance with the Broward Act. On a positive note, Rachel Lang sometimes broke with Betsy Stix and Andrew Whitman to do the decent thing.
Susie Francine consistently and courageously tried to put a stop to the nonsense. Leslie Rule refused to be intimidated but Betsy Stix and Andrew Whitman as Joseph Welch said to Joe McCarthy have you no sense of decency? With all you've done to poison the very soul of Ojai, you owe it to the community to apologize and to listen to and learn from those who disagree with you.
Starting now.
Thank you, Barry. Next we have Bob Kemper then William Wyrick and then Robin Gerber.
Excuse me I have a point of privilege again so Colin Jones is asking to come up and respond to your statement which seemed to be addressed to him as it was a response to a public comment So we need to take that under consideration. I would make a motion to give him time to respond. Your response was ostensibly in response to his poem, so he would like to come up. I would make a motion.
I'll second that.
As
we have given many people over the time to come up.
Is there...there's a second? Is there a roll call please, Weston?
Roll-call vote Passed 3–0 motion. I'll second that. As we have given many people over the time to come up. Is there...there's a second? Is there a roll call · 1 under review
Show transcript
0:46 – 0:5714 turns
Motion
passes.
So, I apologize if you don't like my tone in the past I have not come to these meetings to speak because I had no problem I had no issue I come now because I see injustice here in this city. And if my tone is strong, then I apologize. But tell me Betsy anything in here that I lied about, anything in here that's untrue about what you're doing and about what happened with the SLAPP lawsuit. I am not up here spreading misinformation. What I am doing up here is trying to bring some sense to you guys, hoping that you will see some sense.
You're just beyond the
pale. Thank you.
Thank you Colin. Next we have Bob Kemper then William Wyrick and then Robin Gerber.
Hi, I thought it was a hard act to follow. Bob Kemper, I'm an Ojai resident. It's been months since I've been here. I frankly stayed away because I just simply got tired of the nonsense that was going on here basically following the Simply Ojai doctrine and agenda But the reason I'm here tonight is that I was appalled when reading the text of Mr. Whitman's declaration and as I read that, and I won't go to the trouble of reading the whole thing here but I will leave a copy here for the record if that's okay?
Put that into record. I was shocked when I read it and my previous individual read parts of it as well He says it also possible that Councilmember Rule's disclosure of confidential information was an effort to carry further favor with the developer. This type of leak is a breach of Councilmembers legal rule, ethical responsibilities blah blah blah blah blah.
So what happened with all of this? And then he goes on to talk about disadvantages and injuries are triggered by council members rules, failure to maintain confidentiality etc. I think what's most telling is what the judge said And I quote, the court notes and this is page eight of 10. The court notes that Mr. Whitman in his declaration under penalty of perjury misrepresents a letter from the district attorney by stating that it was issued to council member rule and then advised her that the disclosure she made violated the confidentiality of closed sessions provisions of the Brown Act. In truth, the letter was issued to the entire city council as a cease and desist demand blah, blah, blah, blah, blah.
He goes on to state, excuse me for delay. On page nine of 10 that it is ironic that the Brown Act which is intended to ensure openness and encourage participation by the general public in government business is being used here In an attempt to withhold important information from the public, public officials have a general duty to keep the public informed about public business.
We heard it from the district attorney. We've heard it from the judge in this particular ruling. You've heard it from a whole lot of people that come up here and talk. It's not one or two people that are complaining, it's about the discourse here and the way in which this city council is being run. And unfortunately you Mayor Sticks, you Councilman Whitman, and most of the time you Ms. Lane going along with simply a lie Thank you,
Bob. Next we have William Wyrick then Robin Gerber then Didi Dorskine-Levay.
As a council you are collectively responsible for two people the city attorney and the city manager. You rely on these people for advice and good direction I would suggest that you have a situation here where the city attorney has failed to properly advise council about proper conduct of closed sessions and the proper application of the Brown Act. He hasn't had your back, in other words. You haven't been able to rely on his advice.
He consistently promoted the view that anything discussed in closed sessions, whether fitting into the strict Brown Act exceptions or not was strictly and legally confidential. He actively attempted to silence Councilperson Rule's attempt to make appropriate disclosures regarding violations of the Brown Act including failing to advise there are proper procedures for appealing his attempt to suppress these disclosures.
As a result, the Ventura County District Attorney issued a cease and desist recommendation. Also as a result, arguably plaintiffs listening to these repeated statements We're arguably drawn into a lawsuit against Councilperson Rule, which has now been ruled by a Superior Court judge to be frivolous without merit and dismissed with these plaintiffs now at risk for substantial legal costs. I really feel badly if they were misled.
This same ruling specifically stipulated that Councilperson Rules disclosures were illegal in direct contradiction to City Attorney Summers' public statements. This council needs to consider whether or not it can trust and rely on The quality of City Attorney Summers' advice and direction going forward. A performance review for City Attorney Summers is overdue, I think it's been more than a year, I could be corrected on that, and should be scheduled at the earliest opportunity. Thank you.
Thank you Bill. Next we have Robin Gerber then Dede Doris-Kind LaVey and then Brad Taubach Bank.
Mayor, members of the council, I'm Robin Gerber, I live here in Ojai The frivolous lawsuit against Leslie Rule and her attorney has been soundly dismissed, as we've heard. A Ventura County Superior Court judge found that she did not violate the Brown Act. Leslie Rule knew that what she heard in closed session should have been public. She has braved a lot of abuse for doing the right thing and informing us, the voters, I'm sorry, informing us, the voters, of what the public had a right to know.
Her colleagues should trust her more not less. We voters hope you all act with integrity. Sadly Mr. Whitman you have done the opposite You made a sworn declaration to the court supporting the failed lawsuit against Rule. Shockingly, shockingly for me an attorney, the judge reprimanded you for misrepresenting facts in that declaration. This is a serious allegation against any lawyer and embarrassment for our town in this council and no way to create trust.
But, Mr. Whitman you also defamed Leslie Ruhl stating with absolutely no evidence that she was trying to curry favor with developers by revealing closed session statements. Leslie wouldn't know a developer if they were dancing on this dais right now! But what kind of person much less attorney puts an unfounded libelous statement in a sworn court declaration as you did?
We don't need that kind of divisive behavior on this council. I'm hopeful the council can build on the court decision, which has laid to rest this continued controversy about the Brown Act. More healing and cooperation are needed, as you Ms. Lange often say. An apology from you Mr. Whitman for your libel and the bullying and the vulgar attacks on Susan and Leslie?
Well it's long overdue isn't it? Those words are no longer protected by the phony claims of confidentiality. This court decision should allow you to all move beyond these last 10 months And strive for more honesty and trust towards each other and towards the community. Thank you.
Thank you, Robin. Next we have Didi Dorsken-Levy. Is that? Levy, sorry. Hi. And then Brad Taubach Bank.
I'm Deedee Dorskan. I am a constituent in Mr. Whitman's district. First, I'd like to say ditto to Robin Gerber, ditto to Colin Jones, ditto to Barry Rapp and ditto to Bill Wyrick but I am asking and more or less pleading with you, Mr. Whitman that Council Member Whitman To resign. And save face I will give you the courtesy of resigning because you're going to put us through a recall.
And it's not a pretty situation I'm one of the ones that suffering from no sewer lines and leaky sewer septic tanks and water that's contaminated you have done nothing for our district. You claim you've done things but you actually have done nothing for us, and in your statement today that you quote unquote said please don't sign the petition. I'm begging you to save your dignity and resign. And as far as Mr. Summers goes, you should do the same. You should ask your firm to let you be replaced with somebody that knows the law You misled our city council and you have misled it to a point where you did damage to one of our members and to an attorney.
And you should step back. And Mayor Sticks, enough is enough. We're not out to get you. You're out to get us. You are not following the rules of the law. And I'm still hopeful that there is hope for Rachel to really be herself and independent of the two of you. But Mr. Whitman, I am begging you, keep your dignity and your pride and resign. Thank you. Thank you, DeeDee. Next we
have Brad Tabach Bank.
0:58 – 1:0518 turns
Good evening everyone. I'm Brad Tabak-Bank, I am a resident of Ojai. This is the first time I've spoken in front of this body. It's a very short issue. My recollection is that this whole thing started as a result of an opinion of council that was presented in a closed session. The court has ruled that that was not proper, and I'm now calling for release of that memorandum.
It is no longer protected. I'm sure Mr. Summers knows this. I am also an attorney. I am sure Mr. Summers knows that under code section, and let me pull this up, Government Code Section 54956.9b states For the purposes of this chapter, all expressions of the lawyer-client privilege other than those provided in this section are hereby abrogated. This section is the exclusive expression of lawyer-client privilege for the purposes of conducting closed session since the court has ruled That this issue was taken up improperly in closed session. There's no longer an attorney-client privilege held, and I'm asking for the release to the general public of the memorandum received in closed session. Thank you.
Thank you, Brad. All right we will stop close public comment at this point. We'll return to the others after no we had a half an hour so then we
make a motion because it's my understanding remember when I made that motion to close the meeting? I mean to end the meeting at 11 o'clock yes you told me that if a council majority can change the rules and
On something like that, yes. So you can make a motion to amend the agenda to allow general public comment to continue?
Yes.
With a second and majority vote that would control.
Okay I want to make a motion that we allow public comments to continue especially since we pulled item 2 from the agenda so we don't have to go to item two it's been pulled
okay I'm just we agree as a council to do the rest of the public remainder after we do one item
Yes, but I'm asked. I'm changing that because we also agreed as a council not to bring new items on the agenda after 1030 That's just the fact and so you changed it that night well So
I'm doing the same thing no, but we but just to remind you to the public We voted as a council to do it this way you made a motion is there a second?
We're gonna vote yes I'm
just
asking.
Can we have quiet in the audience? So we have a motion, is there a second?
I'll
Roll-call vote Passed 4–0 motion, is there a second? I'll second it. Okay roll call
Show transcript
And once again, I would like members of our community to please practice civility and compassion. And if you could just refrain from making comments that would be appropriate. Thank you. Next we have Lee Heineman then Jeff Schneider and then Larry Steingold
Good evening, mayor, council members and staff. The fall is a time to shed our old ways. It's the start of renewal. We the Ojai Valley citizens are preparing to facilitate a transition of our city council members in order for our community to flourish. Let's look at a couple of the mistakes this council made this past year. This is my understanding of events over the past year.
Granted it's been very confusing one Matthew Summers you gave bad advice to this council resulting in a huge waste of councils time communities time not to mention money I don't know how much it was but huge Betsy Stix. It appears it appears you collaborated with Sabrina Venskas to push forward an undisclosed agenda. I've mentioned this a few times. I've never heard anything back correcting that correct me please if I'm wrong but that's what it looks like Andrew Whitman Your stand against Leslie Rule, who's your colleague.
That prompted the start of the splintering of this council the way I've viewed it. It culminated in a hugely expensive lawsuit and again all these people's time and Rachel Lang You voted against having the council fund Leslie's legal defense for this meritless lawsuit. I don't understand why you did that, I don't know where you are but I have high hopes though for you Rachel that you can stand in your own integrity instead of the shadow of a couple of those who are misguiding you.
We live in times of great division. This City Council has mimicked the greater political climate of our country, one of divisiveness. Interestingly enough a large portion of the community have come together Republicans, Democrats, Independents, non-party people coming together as a collective looking at the dysfunction and the nontransparency of this council We have become united, oddly enough. So perhaps mistakes made served a greater good, one of unifying Ojai.
A nation divided against itself cannot stand Abraham Lincoln."
Thank you, Lee. And I would love to go over the truth with you because the word that appears so could we go out for coffee and talk about it? Okay thank you. Next we have Jeff Schneider and then Larry Steingold.
1:05 – 1:1721 turns
Council citizens Though you denied any wrongdoing, Judge Coates determined that you violated the Brown Act three times. Despite the embarrassing fact that you have a lawyer on the council and a city attorney at your disposal who should've been able to steer you towards the truth. But no, instead you resorted to blaming John Drucker and Leslie Rule Judge Coates exonerated their behavior and statements.
Now, an honorable person in your position would apologize and probably step down. I don't expect that to happen. It's too bad. Thank you.
Thank you, Jeff. Next we have Larry Steingold then Wendy Larner and then Renee Roth.
Larry Steingold, resident. Nothing is personal here. It's all about business. It's everybody's behavior, your actions, your comments and your motives. If I was sitting there, I would expect the same treatment from them too. Okay? We deserve what we get. You give, you get. Also a moment of silence for 40 babies that were executed, butchered today, last week, couple days ago. But something more simple.
The Lavender Festival was last year. This two weeks from now is Ojai Days. Have we done anything about buses, tour buses? Is there anything been changed on the books because I know there was a big to-do immediately after the Lavender Festival because the buses were everywhere. Can you instruct the Chief of Police for this that weekend to say hey all the tour buses go to one lot That means buses over 12 people or 13 people, all of them. Can you do that for one weekend in emergency ordinance and then actually have something on the books? It would be nice because otherwise we're going to have a lot of buses here and we're going to be back at the same place we were last year with the same problem.
12 buses, 15 buses loaded with people all spending money. Great. Park somewhere else. Okay also the Ojai Unified School District is meeting tomorrow about Chaparral. Have you people set up a meeting with them to discuss what's going to be happening? Because we're gonna get sandbagged when they present us with a fait accompli. They're gonna be building this, this and this and we don't have a clue so we should really stick our oar in the water or stick in their spokes one of the other either work with them or do something to whatever they want to do.
The valet, the parking it's like Anyway, I'm more concerned about good governance. Right? I want the roads paved great everything's working toilets are fixed roofs fixed things moving good governance that's all just make sure we can pay for it or have other people pay for it
Thank
you
Larry. May I briefly respond about the buses?
Yes, it's just a matter is not on the agenda so we cannot discuss
it. We do have an emergency ordinance
Yeah the council adopted an ordinance last summer that is still on the books and still in effect. In summarizing, it requires large tour buses I forget the exact trigger but you know your bigger buses to park at a designated location as determined by the police chief which typically last time around was Seoul Park we'll have to confirm with the Chief in Public Works where they're gonna park this time around but we have an ordinance on the books that requires the larger tour buses to not pick up and drop off passengers on Hawaii Avenue to park at a designated location.
Wonderful Also, there was a company with three black buses there a couple of nights ago. Big not 12 passenger but like 24 passenger loading up on the street so if they can do that too maybe we can reduce the size of the buses that are required to be stored?
Through the council that can be looked at and I would suggest if you or anyone else sees a Wildcat tour bus to call the non-emergency number at the police station and that can be looked into. Or just stop over and leave a note.
Thank you, Larry. Next we have Wendy Larner then Renee Roth and then Jeffrey Starkweather.
Good evening I'm Wendy Larner and I'm a resident and citizen of Ojai. I'm taking a chance that I'm free to say thank God at least some justice was served by last week's judicial decision however the majority of this council with the poor advice of the city attorney Voted to restrict my free speech on March 14th, 2023. And others have been denied by the same abuse of power.
We were making references to occurrences that were publicly known because of a validated eyewitness report of misconduct that occurred during the closed session of the City Council. Actually sessions plural. Our concern in this matter has been vindicated But even if that were not the case, if a private citizen wants to speak to the content of a closed session there is nothing I can find in the Brown Act that allows said person to be gaveled down nor have their civil right denied by a public body's vote. You actually voted to deny a citizen's right to speak.
If such practices go unchallenged, the rights that protect our liberty are compromised. It is a more critical issue than housing or elephant rights or valet parking. I pray you all take note, especially the officer of the court who counsels you. Thank you.
Thank you, Endi. Next we have Renee Roth then Jeffrey Starkweather and then Nora Harold.
May I ask a question? Do we have a lot of cards left?
We have four cards left and then Zoom.
Okay, that's manageable I think. Otherwise we can limit to two minutes.
Good evening City Council. I want to thank many people who've spoken up here. I really appreciate a lot of the comments. Barry and... I can't remember everybody's names right now I'm thinking but You know, there were a lot of people concerned about this legal decision that just came about and we were relieved. I have to tell you, I was almost able to go to sleep that night joyous and happy and feeling that trust had been restored for our city and our town as a result of reading that opinion There has been so much deception, Betsy Stix and Mr. Whitman.
Now I want to set the record straight right now so there aren't rumors spread about what Renee Roth is doing as a proponent for the recall petition from Mr. Whitman. I have a copy in my hand right now of the recall petition for Mr. Whitman. We had signatures in the paper, in the last Ojai Valley News edition and this, I am now officially, I met with Weston this afternoon and I'm now officially a proponent of your recall, Mr. Whitman Now, I have no animosity towards you.
I think you were a good man and your family is a good family. You come from a good place. I honestly believe that in my heart but we have not seen the honesty and the respect that I was expecting when I also ran for City Council. I ran in the seat that you won And I congratulated you and said, thank you. Good job way to go. I do not want to be a member of the City Council.
I did not run a dirty campaign. I did not say deceitful information about you. At all, I never did. I didn't know you and I know your brother and your brother has got a lot of respect in town. I do not want to be on the city council. I am so glad I avoided and dodged that bullet and did not have to sit on this body and have to witness all the discussions and terrible things that have happened. So I just want you to know Mr. Whitman, you're in a tough spot We are filing a petition to recall you and I believe that we may win and I hope we do But if you want to resign good on you way to
go Thank You Renee Next we have Jeffrey Starkweather then Nora Harold and then Janine
Good evening mayor councilmembers citizens particularly First I want to apologize myself Because I think apologies sometimes are needed. I was viciously attacked by members of this board falsely but I lost my cool a little bit. I got angry as not the way I normally behave. I don't believe in being angry. I don't believe in being revengeful. I don't believe in holding grudges and so I went out for a long hike the other day Listen to Bob Dylan's Forever Young and it just inspired what I'm really about, which is about trying to solve solutions for everyone and involve everyone.
I would also add that when the election because I think there's a false premise being put here that somehow there's some group that's resentful about the election. That was not the position of Those of us who ran campaigns, and I didn't run any false accusations and I didn't accuse anybody personally. I went on your record Ms. Mayor and what was in the documents. No, I didn't accuse anybody but I thought since the race was close that we would actually have elected officials who tried to rule for everybody. And Rachel knows I met with her and talked about collaboration, and I have not seen that.
I have not seen that. I want to ditto what all the people have said about the closed-door meetings. I want to remind people what this was actually about. Back in October, the mayor received an email from Tom Francis saying our candidates who have agreed to get rid of the Becker Agreement are in trouble. We need to get out and get votes so when we get an office, we can overturn this thing."
That's what those closed meetings were about. They were about trying to convince Rachel Lange to go along with you two to rescind the Becker Agreement. Otherwise there would be no reason to be spending $30,000 if you were going to go for a referendum anyway. In addition I would point out that we can't trust now At least two of the members of City Council to actually follow the brand because you don't even agree that you actually broke it.
It's kind of like the kid who goes into his parents cookie jar and goes into his room to eat the cookie when he's not supposed to and there's crumbs all along, and his mother comes up to him and says, You did what you weren't supposed to do. You got the cookies. And the person said oh no I didn't. I didn't eat the cookies And he says, Johnny you gotta follow the rules. He says well I will follow them on the rule but I didn't take the cookies. We cannot trust you guys to follow the rules because you haven't even admitted that you took the cookies thank you.
Thank You Jeffrey next we have Nora Harold and then Janine.
1:17 – 1:3215 turns
Bye Leslie every time hi Nora Harold I live in Miners Oaks I don't know what to say right now other than our city deserves better than all of that. Our city deserves better than all of that. We live in a beautiful place, we're so fortunate to be here and I hear people angry And I think, I don't really think you even know what you're angry about. And we have elected...
I'm gonna ask people to practice decorum and civility. If you could stay silent and be respectful.
Can I have my time back?
Yeah, you wanna...
James in the back please restart three minutes.
And just a reminder, everyone. If you could stay silent so we could hear the speaker? Thank you. Just one second, Nora. Let's wait for silence.
Yeah.
Thank you.
So you all are demonstrating right now exactly what I'm talking about. I started to talk about my love of this valley and the anger that is very present right now in our society and it's everywhere Mayor Stix tried to speak about that anger and how it seeped into every political space in our country. And it has, and you all think you're fighting a fight, and I see it as something different altogether.
We are in a moment of accelerated change in this country All of our systems are being upended. All of our systems are showing the dysfunction clearly in front of us, and we have these five elected officials up here with a manager and a lawyer and their helpers Doing the best you all can to navigate your way through a period of time unlike any that we've ever experienced before in this lifetime.
And it's hard and it doesn't really have to do with Drucker in his email sent out to everyone that fomented all of this hatred against Councilmember Whitman, which is exactly what just happened. But that's not what this is really about! Everyone feels powerless We're all feeling powerless right now because this reality by and large except for a very small privileged few sucks It's hard It's hard every second, we don't have healthcare. We don't have enough housing. We don't have roads that work. We don't have structures that work. Our school system is falling apart here. Our public schools due to lack of enrollment because of financial issues because we don' take care of each other.
So I'm gonna commend you all a shut up seriously.
Please be quiet everyone. Continue Nora.
Yeah, I am angry! That was a foundry violation and that's what anger is for. You violate my foundries, I will express my anger. That's how it works. Put the dog on a leash!
Quiet please. Madam Mayor perhaps we allow Ms. Harrell to finish and then recess.
You want me to take a break? We're all going to take a break. Okay.
Madam Mayor.
Okay, we will take a short break and we'll be back. Thank you. We're back, if you could take your seats and we will begin please. If everyone could take your seats and come to quiet we will resume with Nora Herold.
1:32 – 1:4020 turns
Nora she's still talking! I just came up here to take a breath and again, tell you I appreciate you all. Even you Council Member Ruhl because this is hard job who leaves every time I come up to speak. Watching everyone infantilize Council Member Lange feels really problematic to me so I just wanted to comment on that and then the conspiracy theories again about Mayor Stixx and simply Ojai Okay, Mayor Stix does not work for or with Simply Ojai.
Period. To hear Tom Francis' name and to hear all that come up again and again... And if I'm not mistaken Tom Francis was the campaign manager for Johnny Johnston on both of his campaigns. Can someone just nod the assent? Right, Tom Francis was the campaign manager for Johnny Johnston on both of his campaigns and I don't believe once that we ever heard he was Johnny Johnston's puppet master.
This is misogyny again! Andy, I appreciate you. I want you to keep your seat. I want you to do good for this valley. Sousa, Betsy, Rachel, Leslie, I want you to keep your seats and do good for this valley. Matthew, thank you for your work. I want you to keep that seat, continue to do good for this valley, and Mark, for as long as we have you. Same.
Thank you Norai. Next we have Janine.
Good evening. Janine Easton, homeowner. I saw you a month ago September 12th and I told you how you went ahead of my Bravo viewings on Tuesday. You moved ahead of the New York Housewives the whole year because it was so dramatic and I voiced my concerns about the Brown Act violation. Now what we just saw happen here this is messy This is really messy. And if something doesn't get cleaned up, it's going to continue.
I would hope to think that Ojai would be a blue zone for our aging population, that we could broadcast that we have all these centenarians, right? Because we play pickleball, we're in the sunshine, we have volunteer, it helps the extension of lives. Yet here we are yelling, being rude And why? Because of a Brown Act violation. And I take offense to you deserve better than all of this.
Well, all of this didn't happen for no reason. Leslie, thank you. Thank you for having the courage. OK. You guys are a team. I don't trust you right now. I actually got, I was going to call in to this meeting but what had happened before about the statement literally threw on my coat and drove straight down here and I'd like to say that I agree ditto ditto ditto ditto ditto and unfortunately I'm sorry nor I don't agree with your opinions but every other speaker before me loved the poem Something needs to happen.
Sanitation, you know you offered to have coffee with somebody? I'd like you to have coffee with everybody because you sat in front of my house asking for my vote and we had a very good conversation about few years ago And I'll tell you, I'm disappointed because some of the things that you said that you would do didn't happen. And now this whole Brown Act violation and Andrew Whitman, did you ever apologize to speaking to these women that way in those closed sessions?
But did you ever apologize to Leslie? Okay so I hear misogyny and everything it's like okay we need to We need to heal. And the only way we heal is that we look at the sore, we look at what's going on, rip the Band-Aid off, look at it and slowly start putting some ointment, slowly start healing and putting us back together because this is a beautiful community and I would hate for it to get so divisive and so ugly.
Thank you, Janina. Would you like to have coffee? It's hot
water.
No, I mean would you like to go out to coffee with us? Yes! But I would like you to do that forever. Will you email me or I can get your number afterwards.
I just would like you offer an open forum so that you can actually for once just address this stuff, right? Let's just put this stuff to bed. But the only way we're gonna do that is we have a conversation, we talk about it and we look at what really happened because Leslie can't be the only one that went... I mean that's horrible what happened. It's horrible and that we sued her.
And I'm happy to get together with you individually if you'd like that.
I don't want an individual, I rather have it a group of all interest of everyone because when it becomes individual then it's just me and you in some room and you're telling me whatever whatever. I want you to publicly have an open forum discussion all of you.
Okay and that is what we were doing tonight too here yeah.
But I mean on these Brown Act violations okay I mean on what just happened The divisiveness, this behavior of what just happened to our city. This is caused by misleading of the Brown Act right? Thank you.
Anyone online?
Yes Mayor we have one raised hand for general public comments. Jerry Schwenke. Mr. Schwenke you have the floor. Give one more chance.
Here we go here we go. Hi, I'm Jerry Schwenke. I live in the city of Ojai. There's been a lot said here tonight that I am not really at liberty to address as things stand right now but I will say just a couple of brief things. I've heard sanitation issue come up a couple of times. You know, I was on the crew that upgraded the Ojai sanitation system Uh, so that it could be turned over to the Ojai Valley Sanitary District. That would have been about 37 or 38 years ago and so anybody who is complaining that the City Council isn't taking care of their sanitary, uh, their sanitary problems here in the city I'm suggesting that you're being told who to be angry at by somebody, you know because you're speaking out of ignorance You don't know who's responsible for what.
And I see a lot of that anger here and that dissatisfaction, people are angry all over the place and a lot of them aren't even sure what they're angry about but there are other people who are willing to tell them what they're angry about and direct that anger for political purposes. And I've seen a lot of that happen here tonight And it's a shame. It really is a shame.
So I guess that's all I
got to say,
thanks.
Thank you Jerry.
No more raised hands for general public comment.
All right thank you Weston we will move on to the consent calendar is there a motion to approve?
I'll make a motion to approve but I would like to pull item J.
1:40 – 1:4728 turns
Microphone, please
Okay All right. Is there a motion to approve everything other than J?
I'll Make a motion to approve everything other than J.
I'll second okay We'll take public comment first though because we have on J in E and L
Madam Mayor, I suggest taking the public comment on all but J first. Then take J after we hear from Mayor
Pecino. First, we have Larry Steingold on E and Larry Steingold on L.
Thank you. Regarding the preparation of bank reconciliations, if Mr. Scott could It says preparation of bank reconciliations from June 23rd back to 2022 October. Preparation and then it says in the process of performing, is performing the same as preparing? No I know because either that or they've been preparing to balance the books now they're being paid to actually balance the books and that's the way I read it. I'm just curious because it says prepare Then it says balance process, and then it's from July 23rd backwards.
But if they've been hired from June 23rd back, shouldn't they already be doing that?
I don't know the answer to your question. I'd be making it up if I tried to answer. These are people that we hire because this city finds it easier to save money without paying a lot of people High salaries, high overhead, medical insurance, retirement insurance. And we bring these people in each year to finish the auditing work that needs to be finished to get the audit ready for completion.
This is something that's done every year. Carl I know you've been working on this item. Is there anything you can add to that?
Yeah, correct. So it's the Bank Reconciliations through July 2023? That is correct. Right. Which is required to go one year past end or one month past the end of the fiscal year for the audit purposes.
Right but they were hired June 23rd for the preparation of bank reconciliations dating back to October 2022 to prepare for the annual audit that probably didn't happen in 2022 But now they're already engaged in the process of performing the bank reconciliations through July 23rd, but they were hired June 20th. In other words, it's like are they
doing- Just so I can clarify, it's one company
that is familiar with
our processes and our financial software? They're previously hired under a different contract, not this one. To do previous bank recs. That contract is done. It's spent. This is an amendment to extend it to go through July.
Are you worried that we're paying somebody twice for the same work? No I'm just curious
what is the worry here? There's no worry. They were hired to prepare the balance, and now they're being paid to actually do the balance. In other words, it's somebody watching the store. If they're the only company that's watching reconciliations— Well,
the finance director is involved with that. Carl is involved with that. I couldn't begin to tell you the nitty-gritty of how bank
reconciliation— It's income and outgo. I mean, it balances.
Yeah, you can we can put you into a room with the finance director and she can walk through how all of that
works great Thank you. I look forward to it. Yeah, thank you And
you have another item Larry that you wanted to talk them yeah L
Okay
That's an L. Okay, all right well we will move on to, we have three.
Madam Mayor we need a vote on item, is that the last commenter on A through I? Then we need a vote on A through I.
Okay motion to approve. And I'll second it. Okay all in favor? Aye. Aye. Aye. Okay great. All right we will look at Item J. We have three public comments first Elle Caldwell then Jeffrey Starkweather and then Renee Roth.
I'd like to hear the public comments first, is that
okay? Oh sure, yeah. Yep, Al Caldwell then Jeffrey Starkweather and then Renee Roth.
I'm here to ask you not to pass this ordinance. I am here to ask you to let the Planning Commission do their job evaluating individual projects on their merit and value to the community with processes already in place. Please stop using your valuable time and energy on unneeded legislation when so much work is needed on other issues. especially on housing. Please do not bend to yet another lawsuit threat to accommodate people who can afford to make those lawsuits, who have the means to litigate, to try to force you to legislate, to assuage their demands.
If you do that, you are setting a precedent for folks with the means to sue to use that means to control you If you do not bend and they continue their suit, how likely is it they would win? It took three attempts to get a recent petition's technical details passed by the city clerk's office. That sets quite a precedence for our city clerk's insistence on technicalities on petitions being very correct.
This litigious group might end up required to pay the city's legal expenses if they lose That's a good chance they would. Finally, just in case they continue with these attempts you might want to add a line item in the city budget for fighting further attempts to control you in this way. Thank you.
Thank you Al. Next we have Jeffrey Starkweather then Renee Roth.
1:47 – 2:0016 turns
Thank you, Jeff Starkwith again. It's been 18 months now since this issue was brought before the City Council by the Mayor and I've probably spoken on it way too many times so I'll try to be brief. I think we're being blackmailed by a lawsuit which I think we could simply win because and it wouldn't be very expensive because the rules are clear they clearly violated them. I've had to go through those rules over and over again recently And when you miss a deadline that is stated there, you've got to turn in your proof of publication within certain many days. That's clear. It's red letter or black letters, excuse me. Maybe it's red letter and I just think we could win this lawsuit very simply. That's the first thing we should do. The second thing is we're solving a problem that doesn't exist and will never exist There's no, there was never a problem with valet parking and causing traffic.
Valet parking everywhere is used as a tool to prevent traffic problems. It's a tool for sustainability so we don't, people spend probably maybe 20 minutes, excuse me, 20% of people who are driving in the downtown are looking for parking spaces and valet parking solves that problem. I don't believe there is a business in downtown Ojai that has enough customers and enough money that they can afford to buy a lot, and then valley park for people. So we're solving a problem that doesn't exist. Besides, we already regulate it, and the Planning Commission, or excuse me, the Parking Committee came up with a reasonable regulation. That's what we should be going through with the planning process. The comparison of this with the formula business is turning it on its head.
Formula business was promoted by the business, they were consulted and it went through the planning process. This one is anti-business and it's not going through the planning process and it's top down by the threat of a small group. I think that we need to be We may be not wasting so much, this is what I'd call a virtue signaling political statement issue because there's no real issue here and yet we're trying to solve it.
And I would say Mr. Whitman's attempt to be compromising was exactly the opposite. Eventually he created a zone that includes the entire downtown, that's a ban. on parking where we might need it if we ever did. So I would ask you to not approve this ordinance, to go ahead and fight this lawsuit and start working with the Planning Department and the Planner's Commission on a reasonable ordinance that could regulate valet parking like the Parking Committee came forward to you several months back thank you.
Thank You Jeffrey next we have Renee Roth
Thank you Jeffrey and El Caldwell for your very thoughtful remarks. You know I've submitted remarks on this and sent them to Weston several times, and this has come before the City Council seven meetings maybe? Eight meetings. And I've said and talked to people in the community who were saying, what is this valet parking thing? Ladies at my church on Sunday said, what is the deal with valet parking? Why is the city spending so much time on valet parking? We don't have a valet parking issue. Nobody we don't use it. We don' need it.
I agree with the previous speakers, but what I'm really wanting to say is that I believe that this is a bad faith effort to try to control and manipulate our city council. by the likes of Tom Francis of Simply Ojai and your supporters, Betsy. I saw Tom Francis here in the lobby with Mr. Matt Summers negotiating the boundaries on the map for should the Ojai Valley Inn be in or outside of this? Tom Francis was here He was discussing it, and Leslie Hess was here saying we need to do this because we're concerned about people who come from Los Angeles and want to park in our city. And they have lots of money, and they're going to take over our public streets.
And they're going to take over our public parking spaces. So we need to protect the residents of Ojai. So what I'm getting at is these are power plays and manipulations that are straight out of the book, the rules for radicals playbook. I grew up in the 70's right? I was a hippie. I wanted to go live on in Haight-Ashbury in San Francisco and I was a radical and I understand rules for radicals. I see what's going on here You vilify, you distort, you make the people who are the outsiders the bad guy and you protect the insiders. We the people of Ojai so we can save the soul of Ojiai.
That narrative is a false narrative. It's not based on fact, Betsy. It's not! It's no based on fact. So this whole threat is a fake lawsuit. So why are we cowering to this attempt? Thank you very much. Thank you Renee. Any comments online
Weston?
Yes Mayor. For consent item 1J we have Jerry Schwenke. Jerry Schwenke you have the floor.
Gotcha. Hi, I'm Jerry Swanky again and I still live in Ojai. And you know this is a lot of misdirectionist. We're talking about valet parking as if valets are somehow people who skulk about in the dark, you know, shuttling cars around doing something dirty. And the issue has never been about valets. The issue was about commercial encroachment in residential areas and it's about commercializing all of the parking downtown and sending the signal to the residents of Ojai, we don't want your business here.
Go to Walmart, go to Target you know? You don't rate You know, your money doesn't spend well here in Ojai. Go somewhere else. And none of the people who have come in here and spoken about supporting valet parking are going to wake up some morning with a commercial parking lot next to their house. There are people who live in mixed-use areas It, you know, around downtown Ojai for whom that's a very real possibility. If we allow Valley, if we do not pass this ordinance, you know, I fortunately am not in an area where that's final to happen to me.
Uh, but you know what happens somewhat if it doesn't pass? Thank you.
Thank you, Jerry. That's it? No more
raised hands,
ma'am. Okay we will move on to discussion. Mayor Pro
Tem? So I want to call your attention to attachment A page 1 and I want to assure the public that we simplified the findings. We removed the part about comparing it to the chain store ordinance. I don't want to repeat we already debated that point Microphone please. Oh, I'm sorry. Okay. Thank you We simplified the findings we removed fine Findings that we felt were not could not be proven such as that valet Parking increases the number of trips that argument we felt was balanced out by people circling the block So we made a very simple statement, and I'm comfortable now with the findings as stated. There's no comparison to the chain store ordinance that we explained why you know, I explained and the council did agree to take that out. So I want to, I actually can absolutely see the arguments made by the speaker.
I tend to agree with the speakers but I think it's better to get rid of the lawsuit and to regulate the best as we can. We no longer have a ban on the outskirts in part to accommodate the Oʻāi Valley Inn It's a much more reasonable, I feel like the ordinance is moving in the right direction where it's reasonable. I have couple of concerns still that I would like council hopefully briefly to discuss and it was called to my attention by Jamie Fleming of the chamber he wanted to know why Why the number six and I think there was some thought maybe six means that a business wouldn't use Valley parking except every other month Is that there was some logic to the number six? And I started to think first it seemed reasonable to me and then I had another week or two to think about it First of all Rachel clarified something I misunderstood.
A business can still have as many events as the planning commission will give permits for? They just can't use valet parking more than six times a year, is that correct?
Yes so generally events at a business don't necessarily need a permit period It depends whether the events go outside the allowance of the business's existing authorization. Common example of that is a business that's inside, it wants to do something in its parking lot outside the building. That requires a permit from the city typically a TUP sometimes a CUP depending on the facts so that would be something that would require a permit but there's no numeric limit on the number of those events in that category.
The only limitation here is on using valet parking This is nothing about events generally and just about valet parking
okay, and my understanding is if a business comes before the council and It has it becomes we can't predict the future And if it is determined to be problematic that the council can revisit that point
Yeah, the council could amend the ordinance at will with the appropriate process. I
Okay. And I'm also thinking that some, you know, some locations have less impact on neighbors and I mean, I think I'm comfortable with how that's written. I did Google the future of valet parking and in the future this whole ordinance will probably be mute because people are going to have cars with sensors that park themselves. So, you know we're going to be honest I'm going through this because I think the city is already faced with too many lawsuits and I think that Rachel and I met with Tom Francis and Leslie Hasson and the former City Manager And they have agreed that if we abide by these reasonable concessions or whatever, that the lawsuit, all of the legal stuff will go away. Correct?
Yeah, the plaintiff has confirmed if the council adopts the ordinance they'll dismiss the suit.
And I understand that it looks, the point made about blackmail and all of that. So I've come to a choice in this. The other thing that I think we should look at right now is the point where on mobility challenged people, and I forget where that is, but the city... Where's that again?
2:00 – 2:0822 turns
That was the separate direction provided at the prior meeting.
Oh, it's
not independent of the ordinance It was direction to staff To prepare a feasibility and needs assessment for public and private parking management strategies for mobility challenged persons
But it seemed to put the burden on this city to provide it or only the city had the right to
No, it was direction from the council to the staff to prepare an assessment of strategies and options for providing parking for mobility challenged persons. It wasn't a statement that only the city can do that. That's not at all the case. It was direction to staff to prepare an assessment to come back to the council.
There is a statement though.
It's on the bottom of page three that reflects what the council directed I just want to make sure that any business
That when you investigate this, any business can provide valet parking for mobility challenged people. Not just a city, any business.
Provided that they comply with the locational requirements of the ordinance, yes.
I guess we'll figure that out.
Can I offer? Council Member Lange, yeah. So my intention with directing staff in this way was we heard from so many people saying this could be a concern if we adopt this ordinance what about the instances where people would want and so I know that ADA regulations make basically businesses provide for, excuse me I'm talking. There are ADA requirements for businesses but my thought was let's find out do we is there a need and if so then I as a council member Thank you, Mr. Chair.
for mobility challenge, or we could have shuttles or something. So my thought was let's address that concern that was really voiced and so that was my thought in adding this.
And if I could just add briefly, staff understands the direction to be as we go through that assessment and we return to the council with some options. If the need is confirmed to exist then the council could adjust the ordinances needed to accommodate whatever program is developed so this ordinance won't straitjacket that future program. The council with appropriate process can adjust the ordinance in the future is needed to allow for a mobility challenged person's mobility solution
Thank you. All right, well is there a motion to approve? Jay?
I have some discussion points. At the risk of repeating myself, I want to say that this process was absolutely undemocratic. That there were no businesses that were brought into the conversation. There were no citizens that were brought into the conversation. There were no best practices about how you handle cars coming in To the process, this was just a de facto.
Leslie Hess and Tom Francis and Simply Ojai decided that they did not want valet parking. And to the people who say that Mayor Sticks is not associated with them I will say that this language was used both by Mayor Sticks and in the actual initiative referendum which was save the soul of Ojai.
I'm going to ask you, Council Member Rule, to focus on policy and not question people's motivation but just stick to facts.
My fact is that this was an undemocratic process that didn't include anyone in the city but you and a couple of people from simply Ojai And the city attorney representing us, and that when you make decisions like this banning stuff. It requires more than five people deciding that this is what it's gonna be and where the boundaries are going to be. I actually had a conversation with someone from outside of here who suggested a different model. That I thought was really, really smart. But guess what? That never percolated up. Nobody was ever asked. Nobody said where have you been where they do innovative things with parking? No that never happened so for me once again it's about process and when you make ordinances You follow a democratic process.
You look to your constituents, you ask for best practices. You don't have two people file a lawsuit, sit down with one city attorney. It is not a process that I support and as I said it last time But what I'm finding here over and over and over again is that the democratic process is being subverted, and or shortcut. And I am not comfortable with it. And for that reason, I'm going to abstain or vote no on this ordinance.
I don't think it necessarily is gonna hurt anything but I have learned of much better ways to solve this problem. Only guess what? We didn't ask the community. We didn't ask anybody who's ever had an experience with it. So, and it has to be said I'm sorry. I'm sorry it has to be said and so I'm going to leave it at that.
Any other comments from Councilmember Lange?
I just wanted to remind you because I really hear you and I just wanted to remind you that we did have several public comment sessions talking about this. We received countless emails, we involved, we had a whole parking committee to discuss this and so Just wanted to remind you that the democratic process was used. The newspaper published an advertisement announcing that this was going to be on the agenda. We had members, business owners, Jamie Fleming met with us individually and so I do believe that the democratic process was used.
And I appreciate that. Once again, it was post fact but I appreciate your pointing that out. I truly do.
Mayor Pro Tem?
So this is strictly about valet parking and I do not really believe in studying parking in isolation like this but this is what we have. We're doing the best we can so that we can move on to other important subjects Part of a larger parking study and it will become at some point part of a larger parking study
Okay, so we have a motion to approve from Mayor Pro Tem in a second. Yes. Okay roll call, please Weston
Roll-call vote Passed 3–1 motion to approve from Mayor Pro Tem in a second. Yes. Okay roll call, · 1 under review
Show transcript
2:08 – 2:144 turns
Motion passes.
Okay, thank you Weston and
we will move on to item number three just a reminder to the public that item two was pulled so discussion item number three as requested by the developers applicant rescind approvals of development agreement for Ojai bungalows cottages among the flowers World University and 304 South Montgomery Consider whether to rescind the approval of a general plan land use designation for World University and the removal of a referendum measure.
Is there a staff report?
Briefly, yes, and then of course we're available for questions. And I believe Mr. Siebert may still be with us for additional questions on the planning side. As noted earlier, this item after some debate was maintained on the agenda. But as staff understands it we are hearing the matter, taking public comment, asking and posing questions and then returning for a future meeting.
We understand that there would not be vote tonight but that will be of course, that's what we understood the council did earlier. Briefly, the genesis of this item is as all will recall in October of 2022 The then council approved a development agreement with Ojai Bungalows and Greenhawk LLC that allows for development Of a housing project at four sites in the city Cottage Among the Flowers 312 West Aliso Mallory Way bungalows 412 Mallory way World University 107 North Ventura and what's known as the Montgomery affordable housing at 304 South Montgomery The council's approval was then subjected to a referendum that has paused the council's action to approve the ordinance.
The referendum was set by subsequent action by the council for the March 2024 ballot, and a lawsuit was also filed to challenge the council's approval of that. The lawsuit has been stayed pending the outcome of the referendum. As noted, the referendum is set for March of 24 Subsequent to all of that, the developer through council on August 11th filed a letter that's in the packet asking that the development agreement application be withdrawn and that instead the city provide decisions on their otherwise pending applications.
The staff has prepared the attached resolution in the packet that would take three actions. One is rescind the approval of the ordinance, rescinding the approval of the development agreement as requested by the developer. Two, rescind the separate approval of the resolution that approved the general plan land use designation amendment for 107 North Ventura and three ordering the removal of the referendum from the ballot as moot given the developers request to withdraw the development agreement from consideration The developer's letter is not self-executing.
The council put the measure on the ballot, only the council can take it off the ballot if the council so chose. Same thing for the approvals. The approvals were suspended via the referendum process And only the voters can approve it. In this case, with the developer having requested it be pulled from the ballot and repudiating the deal, requesting that it be withdrawn, if the council concurs, act to pull it from the ballot and thus rescind the prior approvals If the council chooses to do so, whether tonight or another night, as was noted, another night.
The net effect would be that the development agreement's approval would be erased and the referendum will be pulled from the ballot. The city would then seek to move the lawsuit because the lawsuit would then challenge, would be challenging an approval that doesn't exist. The other next step would be the city would have to give a hearing to the developer On the pending entitlement extension applications for cottages and among the flowers and Mallory wet bungalows. As you'll recall, the genesis of the development agreement itself was a series of 2019 decisions in April and May that paused the council's consideration of appeals of the extension requests extending the entitlements for cottages and extending the entitlements for Mallory were paused to allow the council at the time to consider a development The net outcome was as noted, if the development agreement's approval is rescinded as requested by the developer then the council must give a decision on those two entitlement extension requests.
That would be at a subsequent meeting as a second step to be scheduled as a public hearing with appropriate notice. The council will also at some point in the future, once the applications are complete, they're not yet complete. Provide a decision to the developer who has separately applied for approval of the same project for World University at 107 North Ventura and also separately applied for approval of the 304 South Montgomery Project. So the four pieces of the development agreement will all have to be decided separately in the future.
Two of them, the applications are complete and were paused in 19 Council will have to give a decision at some point At a notice public hearing not tonight on those two applications and then the other two The applications aren't yet complete but once the applications are complete and it works through the process Then that will eventually come to the Planning Commission in the council for approval at some point in the future So that's a brief overview of the request.
I'll note is an is the, the other option of course is that the Council declines to pull it from the ballot as is also the council's option, then the voters will have to vote in March of 2024 whether or not to approve the development agreement and the ordinance. If the voters voted to approve it, the city would then present it to the developer as approved and the developer would have the choice to accept that approval and build a project as proposed and is approved by the voters or to decline and then not build it at which point developer could choose their other choices.
Thank you, Matt. Any questions from Council? Council Member Ruhl?
2:14 – 2:2023 turns
So what I heard was no matter what we do, we're going to get to the same point. If it goes to ballot, if we refuse to rescind and it goes to ballot and it is approved then Developers can can disavow it they can say no we don't want it at which case they will go ahead and do what they do correct? And if we Don't Put it to ballot. They're gonna go ahead and pretty much do the exact same thing, right
Correct, the outcome of rescinding it from the ballot or voter disapproval or voter approval are all likely to end up at the same place. I say likely not certain because if the voters approved the development agreement, the developer might then choose to build a project
having secured an approval. Okay so there is that possibility even though right now they're requesting not to move forward. They've said we're not interested in doing that but they could change their mind
Absolutely, and nothing would stop them. The lawyer's letter doesn't foreclose the opportunity if the voters approve it they could absolutely accept that approval.
Okay so we are basically we've flipped positions here right I mean we're up discussing whether or not we want to allow a recension of the vote I mean, right? I mean that's what we're doing here. That's what we're doing
right now. It's whether to accept the developer's request to pull it off the ballot or not.
Right and we fought long and hard this whole 10 months we've been fighting this same battle can we rescind The development agreement and now they've said we want to rescind and now we're saying well councilmember will that we are. I mean I'm asked is this a question yes the question is we all we end up at the same place no matter what we do except for the fact that we will have to pay for the spec for the to go on the ballot which is I understand it was about eighteen thousand although I can't something like Right, okay. So that was what I wanted to know. Do we all end up at the same decision point only it's going to cost us $18,000 or they could decide that actually they might want to go ahead with it? If they were to win, okay. I just wanted to be really clear because to me it was a little bit confusing as to where we were going to end up given any one of these decision tree paths that we took but now I do understand so thank you.
Appreciate
it. You're welcome and yeah the key component is we control some but not all the decisions in the tree. That's the key component. Just
a
reminder to go through the chair. Council Member
Whitman? My understanding is that on January 24th we voted 5-0 not to rescind and to send it to the voters, is that an accurate statement?
That's my recollection
yeah. I'm not sure what we've been fighting since that point in time
Okay, let's focus on questions irrelevant. Thank you. Excuse me. Are you finished councilmember Whitman? Yeah, okay mayor pro tem You have a question.
Yes At that point we didn't have an option To rescind, only the developer can re...
That's also not quite correct. In January 24th, 23, the council had two choices with a referendum in hand. Rescind the development agreement and the approvals or submit it to the voters. And the council chose to submit it to the voters. Now the council has the same basic two choices but the developers requested to rescind it
So tonight, we can either accept what the developer wants and what he wants is my understanding it's legal and in my opinion understandable due to the passage of time or we can decide that we want further analysis. Those are basically the two choices and so one question I have is what is the time sensitivity to this item? I know it's already waited 20 years but
The deadline to pull something from the ballot is 88 days before the election, which is December 4th or 5th. I forget the exact date of... Is it the 9th? Thank you. It's the 8th or 9th. 88 days before the election so it's early December of 23. So we have some time but not infinite time for the council to decide whether or not to pull it from the ballot
Thank you
Matt.
Council
Member Wolff? Just for clarification, when I made my motion I was not making a motion that we would not decide tonight. The motion was basically keep it open and I'm fine to go either way but that was not the intent of what my motion was. Just a reminder that were
on questions still.
2:20 – 2:2726 turns
What is your recollection? I mean, I don't know when I would ask that question otherwise. The way it's being represented back to me is not how I meant it to be so I want that clarified and I think this is an appropriate time to ask
that. Certainly, it's a valid question. I would suggest what do the three who voted for the motion understand or ask the court to read back the motion as approved.
I'm unclear on the motion. Okay,
then I was the original the motion to approve the agenda with item 3 kept on is that unclear No, that one is not unclear. Can you do you want to read back? Mr. Montgomery the most
Okay Weston will you read the motion back please
and then approve the agenda I think just for clarification, I think that Council Member Lange was the deciding vote and what I heard her say was that I'd like to go ahead and allow discussion but we won't make a decision tonight.
That we would keep the discussion open. I didn't specify one way or another that whether or not we would make a decision, just let's hear it, let's get some more information.
Then with that, I'll retract my
comments. But we have the option of getting more...
Yeah,
so keeping the options open.
Right, thank you. So then with that, the council has full options and your basic choices are approve the resolution pulling from the ballot Decline to approve not approve the resolution pulling from the ballot and leave it on the ballot or Continue for more discussion analysis, etc Okay.
All right. Well, I have one more question So councilmember Whitman has said that there is a need for further analysis Or he would like to see further analysis Do you have an understanding of what further? Analysis would be what further analysis you would do what further analysis might need to be done or is this As complete an understanding as we need to have in order to make a decision. So that's my question, if we need further analysis I would like to know what that further analysis is from your point of view and if we don't I would like to know that as well.
Is there further analysis here?
I would posit that the council members should each ask questions they have. I couldn't presume to know whether or not the Council is ready to make a decision.
Okay,
thank you. Mayor Pro Tem.
So when it comes time to make a motion we can't combine...I already have one thought of how to combine all three but you want it separate?
It's one resolution that does all three together. So it's all three together, because it's one resolution that does all three. You can
make one motion and put all three together?
Yes, because it's a single resolution that does all three steps.
Okay thank you. Okay well let's
move on to public comment first we have William Wyrick then Ginger Anderson and then Elle Caldwell Well, we'll have Zoom after the live comments. So first we have Ginger Anderson and then Elle Caldwell and then Jeffrey Starkweather
Good evening, Mayor Sticks and Council. My name is Ginger Anderson. I'm a colleague of Beth Collins at Brownstein representing the applicant for the development agreement. The letter we sent to the city via Matthew Summers on August 11th lays out in great detail the reasons why we're rescinding the DA. At this time my clients are moving forward with their development on their properties on an individual basis rather than the development agreement We expect the time extensions for cottages and Mallory will be before you in the coming weeks. World and Montgomery have separate applications currently in process, our clients are also pursuing redevelopment of their property at 510 East Ojai. All of these projects are still proposing affordable units and we are working with staff to move these applications forward.
None of these projects individually however are on your agenda tonight so we'll conclude with that and say the DA withdrawal letter Says what we need it to say and I'll reserve my remaining two minutes if you have Questions or if we need to rebut.
Thank You ginger any questions Okay, next we have L Caldwell then Jeffrey Stark weather and then teal row
Again I have lived in the Mallory Cottages for 15 years. I've lived in three different units, and each of the times that I've moved, I've signed another rental agreement, and all except the last one have said we are going to develop this property, we will give you ample notice, and in the first one they said there would be a stipend for helping with moving.
I know it's a very contentious issue, and I know that the people who live there including me are very worried about losing that housing because at the moment in Ojai there is no housing available for us. The only chance for someone like me is to now in the lottery for Whispering Oaks to have a chance of getting in there. That's usually a three-to-five year wait if your number is in the lottery and a position that will let you get there. There is no secure housing for low and very low people, retirees, many people like myself who've done worlds of service in our life for Ojai and other places that we've lived who have not chosen jobs that will give us a ton of money to buy homes, to have property and so forth But now we are in this situation.
It's not this developer's fault that there is no housing for us, and it's an interesting thing to think that you hold him responsible or them responsible for that. The responsibility is on the city to provide the housing we need. Let's let the Cabrillo project go forward. Let stipulate that Ojai citizens have first chance at those, that housing We have just had our rent raised. That has not happened every year as it could.
Any landlord would have the option of raising their rent every year, passing on costs of maintaining property to the tenants. This landlord does not do that and we have been given notice that probably this project will begin in four to eight years So you've got time to forward housing for the people who live there. The question is, will you do it? Thank you.
Thank you, Al. Next we have Jeffrey Starkweather then Teal Rowe then Renee Roth.
2:27 – 2:4223 turns
Good evening. As you know, I supported this project back when it first came before the board and was voted in. And I would remind you that the issue back when we were discussing holding a referendum was when we hold a referendum because eventually two of the commissioners that wanted to change their minds because of the legal situation I predicted the time, if we don't go with an election ASAP that we'd end up here.
And we are. You can't expect a developer, time is money and when they're having to spend time and money that's making less money available for affordable housing so asking them to wait a year and two months before we even have a vote Then two of the council members, mayor and women wanted to wait till like almost two years or a year-and-a-half to the general election.
I love elections. I love elections! I wish we were having an election on valet parking. I wish we'd have an election on this. I would love to get out there and campaign on it. You know, there's other elections I'll be involved with but But I support their request. I think it's time We stopped delaying and blocking affordable housing in this city 30 years with no deed restricted units Let's get started give them an opportunity to move forward if you look at the numbers on page 19 of their Beth Collins letter.
They're talking now about having 78 units, 30 affordable 21 moderate 7 low and 2 very low. The comment was always made, oh I love the very low and extremely low and the low. Why aren't we doing that? You cannot expect a private developer generally to provide anything but moderate. It's just not economically possible what it costs to build. We are lucky that we have a developer who is willing to work with us and expand their development so they can provide some low and very low. Yes, we need to get on with the Cabrillo project so we actually can provide 50 units of the extremely low and the very low and So I would strongly support Going along with this even though I would love to have an election Because we need to move forward in getting affordable housing in this city.
Thank you
Thank You Jeffrey next we have teal row and then Renee Roth
Good evening mayor council and staff And I just want you all to know, I really appreciate your service. I'm just really grateful for you to be sitting up there and just taking it for the team. So my head is completely spinning around this issue and I ask that you don't whatever it is to not make the decision tonight. I'm a county resident and I believe I'm speaking for the people of Ojai that signed the referendum, the voters.
And I want to add one more thing that I just...I've got my old notebook And I've got all these notes from way back. And this is a quote from Beth Collins, it says developers constrained only if it hurts others and I have some state laws here, I don't even know if they're right but I'm gonna say it anyway, if it's 91444 or 97423. I believe that project hurts the people of Ojai I know that doesn't have anything to do with tonight's decision, but I do ask that you please do the analysis.
Take time because my head is spinning and I'm sure everybody that signed the referendum's head is spinning as well. Thank you.
Thank you, Teal. Next we have Renee Roth.
Good evening again. I'm hoping I don't have to come up here and talk anymore about this ever again. Oh boy, so I'm going to put this in the perspective again about the Rules for Radicals playbook And how rules for radicals might attempt to squash a housing project such as one proposed by the Beckers. So, one characteristic of this approach When looking to disrupt a housing project is to strategically vilify developers.
You vilify the developers and I heard that in past City Council meetings, Mr. Scott you missed all that but we had a charade and a show that was orchestrated with Mr. Tom Francis bringing in lots of people here those money-grubbing rich people Those people who are here, why can't you just give us some affordable housing in our community? I heard this. Literally, I heard this.
The vilification of those rich people and those developers. It happened while also portraying the displaced residents as victims. Victims of corporate greed and government indifference. So, this strategy has actually worked so far in Ojai to create a moral divide casting villains and the developers of the villains and the displaced residents as sympathetic underdogs.
By framing the issue this way, simply can seek to garner public support and signatures on new petitions with names and phone numbers. And those names and phone numbers are then used to continue to generate more outrage which they have been channeled into protests at city council meetings. This has actually happened here So another characteristic is to make legal threats.
As a means of stalling or stopping the housing project. We have that going on right now. This was the purpose of the Meiners memo, which Betsy Sticks requested and we now know was looking to condemn the property or sequel violations etc., etc. We now know that those, that Minner memo is something that was used It's worth the development agreement. So let's move forward and let's stop the vilification and get this project
going, thank you. Thank you Renee and just a reminder that it was a council majority vote to do that.
Larry Steingold?
Yes one more in house.
Have to point out it was a council vote to do that without the knowledge that the attorney came from Sabrina Vinskas So let's do full disclosure if we're going to make a statement. It's important that people know that I would never have voted for it Had I known that the recommendation came from Sabrina Vinskas, which you did not disclose
Just a reminder, I got three recommendations. I researched them all. The one that was the most highly lauded by U.S. News and World Report was the one that is a great firm so that's what happened.
And Sabrina Vinskus called them and vetted them for us. Larry
SB SB 649 which was mentioned by our city manager at your priority conference saying hey this is a layup. This is something that's provided us by the governor you get to pick local preference for affordable housing my city councilor said she's for it she's for it she's forward I assume you two are I assume everybody here is for Ohioans to be housed first, right? We're your constituents. So we should get first choice at affordable housing. So why can't you put it on the agenda?
If you can put elephants on the agenda with three phone calls, why can't you put this on the agenda? Why can't you do it tonight? Okay? You sit here and say oh, Ojai. Great. Ojai community. We'll put it on the agenda, vote for it. Ojai citizen preference. Is it that difficult? Is it that hard? Maybe the property doesn't qualify. I don't care. The point is it's good optics. Why? Hey! You get first preference.
It's not that difficult. So just do it.
Larry can I make a comment really quickly to you? SB 649 which by the way I read through 150 Housing laws and found that one. Let's be really clear about that, you know, okay Yeah, yeah so it's fine I mean Right, but that's not the question The question is is that these particular developers can opt in to do that Not require they're not they don't need to follow You know SB 649 They could just say as good citizens and as people who love Ojai We would be willing to make that one of the things that are conditional. Okay, thank
you. You guys can make it legal It's okay to pick Ojai residents first now what that preference is how you set that up? I have no idea Okay, maybe that devils in the details but at least put it on the books. At least it looks good
Thank You Larry any comments online yes
mayor one raised hand Jerry Schwenke Jerry you have the floor
Um, I'm still Jerry Swanky. I still live in Ojai and you know, I have a problem with language here we keep talking about affordable housing but what's being proposed here may be affordable statewide you know and maybe affordable in the county generally but people who work in Ojia their wages are about half of the mean for the county and the mean for the state. So this may be affordable housing for somebody, but it's not affordable housing for people who work in Ojai.
You know? So why are we building it in Ojia if people who work in Ojai can't afford to live there? Or why don't we call it what it is? Housing that's too expensive for people who work in Ojai. Housing that's too expensive and cost prohibitive For people who are retired and living on social security. You know, we're not kidding anybody. And you know it's also very disheartening to listen to someone stand at that podium and vilify and disparage the City Council on three separate occasions this evening come up and plead and cajole about the verification of contractor developers.
Mrs. Potney, Mrs. Kettle, thanks.
Thank you Jerry. Is that it Weston? No more
raised hands.
Okay we will move on to discussion who would like to begin?
I'll begin My concern in reading through this is that I think we as a city council need to be in the best position to get the best deal possible for the public. And, I am very interested in advice about how each one of these decisions were being asked impact our ability to get the best solution for the public. I think it's worthy to take the time, I don't know for certain that it's going to require a closed session because I don't know what I don't know right now but if an attorney comes back and says we need a closed session to discuss the legal impact of each one of these decisions then that's what we should do.
And that's my position and I think that's what we should do is seek advice about how each one of these impacts our position vis-à-vis What the developer wants to do.
Mayor Pro Tem?
Well, for me this is like a nightmare revisiting what the previous council already did. Previous council already did what you would like to see happening now that was already done and There was opportunity to negotiate, but we weren't happy. Some of us wasn't ideal, but we didn't intervene. So I'm going to make a motion to accept the developers' rescinding of the previous approval And to formally undo the prior approval and pull the referendum off the ballot. I would like to be done with this so that we can move forward on the Cabrillo project and the Habitat for Humanity. We should you know, I'm sorry that this is still that we're still having this discussion that will more than likely end up. I don't see any new information coming that we don't already know legally.
2:42 – 2:5633 turns
That's my motion. I'll second it. And we still need to have comments from, so you want to go ahead? Yeah,
I do. When I hear Councilman Whitman say the best deal we can get, I hear negotiation. We're not in negotiation. They don't want to negotiate. There's no negotiation. They want to rescind. They wanna walk. Are you suggesting that we go back into negotiation and get the best deal that we can?
I'm suggesting we get advice.
We got advice. We have it. It's not, we're not negotiating. There's no deal here. There is a path forward. There is a decision that we make. It all ends up at the same place. The best deal, that means negotiation. I mean, I hate to say it so you know really? I think not. You know, it all ends up at the same place. So we can spend $18,000, we can have Matt... I mean there's nothing left to understand. There's no negotiation. There's no best deal. There is a make a decision and so I'm not going to continually repeat myself but you know we could as well ask the developers to consider SB 649 Maybe that would be the negotiation. And to Jerry Schwenke's point about how low income and moderate income and low, low income, that is a confusing concept that has to do with household income.
It does not have to do with how much one person makes, and you need to really understand it in context. And it's important that you understand it in context. So I just want to make that really clear, that it's not about what one person makes. It's about what a household makes and so if you have two teachers each making $70,000 they qualify Anyway, that's a discussion we need to have. But it's this misinformation all the time about that particular term which you just need to look at the numbers. You just need to look at the numbers to know who would qualify for low and who wouldn't qualify for low. Your teachers will qualify, your EMTs will qualify, your healthcare, your dental hygienist will qualify.
Anyway, I'm seconding the motion. There's no gray area here. If we don't do this it goes to the voters and we still end up at that same decision tree. And you know, I think we ask our attorney are we missing anything? Is there any analysis to be done? Councilmember
Lange, I would actually like to hear that too. I mean because There are a couple of things that I am not certain about and that would be You know The the potential of this coming back in separate in separate properties and so there are some things that I actually do have questions about and That that I mean, I'm leaning toward Giving the know these developers have been through so much And they're you know, they've I'm also with mayor pro tem Francina that this That as much as I want this to move forward Forward I also do feel like there are some questions that I have regarding the the potential of of this coming back, so I'm wondering
What I understand these questions would likely be is as noted The next steps if the council withdraws Adopts the Reza we're drawing the approvals and pulling it from the ballot. The next steps will be hearings on the two extension applications and the two separate applications for World University and Montgomery Affordable Housing. Those four applications will be four separate decisions to approve or disapprove those four projects based on past history we can expect that will be sued whatever the council decides all four options, four projects means eight options approve or disapprove each of the four projects Lawsuits are likely on all eight of those options.
The council could, of course, consider the litigation risk of those options and the chances of success in those lawsuits in a future closed session. That would be the additional piece of advice that could be provided to the council that's, of course, not in this staff report.
That's what I was looking for, thank you. Is the potential...I would like to have more information about the potential for lawsuits on this coming back.
That can certainly be provided in a future closed session.
Okay, I'm going to comment. I appreciate what my council members have said and members of the residents. I do agree though that we need to be in the best position this is a huge And I appreciate what Teal said. I don't think we're ready to make a decision tonight. and see how those decisions will impact us to get the best results. And I think there is a lot to understand, and I agree that these numbers are very random.
We need to talk about how much per month these units cost. So we are looking at a rental rate disclosure ordinance which I'm excited about At the next meeting so that will I think help illuminate So that's where I'm coming from. So we have a motion and we have a second
If I could make us just a second secondary motion I would like to make a motion that we continue analysis, but that we come back with this before the December deadline so that we would have the choice of taking this off. I want to give us the opportunity to make this decision before the deadline to get this off the ballot.
Is there a second for that motion?
Yes. For Council Member Langs.
No, I'm
not ready to vote. I would like to point out that all of this is going to delay us moving forward on low-income housing. There's only so much staff time. We've already delayed almost a whole year and now we're going to delay until December 4th. I also want to remind people, all of us that even if housing is more expensive at least we have housing and those people can rent out a room and probably will rent out a room or do a home share. During the election there was always talk about home sharing and renting out a room. I'm renting out a room it's working out just fine it's not ideal but as I have a roof over my head because somebody built a house If that you know, that's just a fact. So the other concern I have it sounded like when you said if this council does accept the rescind Then the developer comes back with the four projects separated and I'm very keen on that.
I like separating all four projects, but why did you say that there would automatically be lawsuits?
I said there would likely be lawsuits and the reason is because the developer has threatened in writing to sue the city if the city is to deny one or all of the four projects. And based on past history, if the city were to approve one or all of the four projects we would likely see litigation challenging that approval because the existing approval was a lawsuit filed to challenge it.
I didn't follow, I couldn't follow that.
Let me try that again so the developer has already threatened to sue the city if the city denies those four projects any one of the four. So if the city denies it the developers already threatened to sue us for it and they probably would pull that trigger I don't know for certain, but I would expect they will. And then on the other side if the city approves one or all of the four projects, the folks who sued to challenge the approval already would probably sue again because nothing will have changed.
Okay, well let's be clear on that. Because if the projects go through the Planning Commission and it goes through the normal standards, good standards, and then the council gets approved, the people doing the suing is not the developer, it would be the same people who are suing now.
Exactly, but either way the city gets sued.
That's correct, but I wasn't clear on that. I want the public to be clear that we're dealing with a group of people that are likely to sue if they don't get what they want.
And that's true
on
all sides?
Yes, but
on the developers project is going to go through the planning commission. We already are familiar...I think it's a good project I mean, that's my feeling. I'm very familiar with the project, the pros and cons of the project. I have struggled with this for, I think almost four years and I am confident that the developer will do good work. This is not some...
So yeah.
If I could caution all members of the council, the four projects aren't yet before you so I would refrain from saying anything about potential approval or disapproval or conditions of the four projects because you want to preserve your ability to vote.
Okay, Council Member
Lange. I have a clarifying question too. So if we vote to continue the analysis at another time before the next election would that prevent the developer from moving forward right now with applications for those four individual properties? Would that stall their process?
Yes and no. So the applications break in two categories, the World University and Montgomery affordable housing applications are on an independent timeline they'll continue processing on that timeline The other two applications to extend cottages and Mallory are if the development agreement is approved, then the underlying entitlement extensions are also approved. Same thing if the development agreement is disapproved but those hearings would only be held if the development agreement were disapproved whether by the voters or by the council.
They haven't yet applied separately for builder's remedy projects, for example. They could do that but they haven't done that. They've demanded rather a hearing on the two existing applications from 2019 that were paused by the development agreement. So those two would remain paused until we had a decision on the development agreement. But World University and Montgomery would continue to process through the usual timeline.
Okay
councilmember
rule. Yeah, so it seems to me that we are going to go back and review everything in that we've already done we're going to talk about the what ifs what if this happens then that will happen What we have done ad nauseum and we're not gonna I mean you can do an analysis But this analysis has already been done You know, I mean all of this has gone into the nine years or however long the development agreement All of this has already been done These analyses are being sued And what they're going to sue us for now. It's true There are new housing laws But even an analysis of how they can sue us is not gonna change the matter of whether or not they're going to sue us. And it could be a new, I'm just saying we're prolonging this...
I concede to no end that we're prolonging this. Okay if we don't possibly they will sue us there'll be a whole bunch of new laws that they can throw into the mix We don't need to know that. I mean, honestly, I just have to tell you they're going to do what they're going to do and simply Ojai and that group is going to do what they're going to do. They're going file another CEQA claim and new laws coming out looking around CEQAs it's like we know what that is. That's a stall tactic so My point is everybody's gonna do what they're going to do we should just move on with this and I mean if.
I don't see the new analysis and if we're going to hold off until December you know once again Actually do our job. So we have a motion
and we have a second do you want to repeat the motion?
Roll-call vote Moved by Rachel Lang · Seconded by women
Show transcript
2:56 – 3:0126 turns
Thank you. Can we have the roll call, please? I have one more point. What else are we not going to discuss when we bring this back? What else on our list of 35 priorities are we not going to discuss and that we're gonna... Before people vote, I want you to understand that our discussions are a zero-sum game. You know what we do discuss means we don't discuss something else important And we've done this for ten months now You know, we passed a reach code that you know, let's stay on the agenda. I'm staying on the agenda I'm staying on the agenda. I think it's a it's a point to make before we vote You know what? What are you willing to kick down the road voting for in order to revisit this yet again is A question that you should ask yourself and for me nothing
Roll call, please.
We got our attorney Identifying the potential for eight lawsuits So we're not going to be doing nothing an attorney is potentially going to be telling us how each one of these decisions Impact or don't impact Eight different lawsuits And I think it's worthwhile for us to have information To know how it's going to impact it if it doesn't have any impact than then. It's not a problem, but We're you know, we're so in my mind. That's what we need to do to have due diligence.
I Agree with councilmember Whitman. Yeah, of course you do yeah ginger
I'm really sorry to interrupt. I know it's kind of out of order, but we've been waiting since 2019 on these time extensions and the development agreement was a good faith effort. It's gone. We're still proposing development as similar as to what we can based on not having a development We really don't want to wait till December. I know it seems like oh, it's another two months. It's been four years What is another two months? It's a lot and I respectfully let the council member rule through the mayor. I agree with what you're saying I think you know what's gonna what the options are So I would just beg I think Beth begged in last September a year on a month ago begged for 30 more days I'm begging for not 30 more days Think we should do this a lot faster.
I think you could get your council Advice and come back before December. I just Respectfully would hope we could do it quicker than that. Thank You ginger
Would would like two weeks No, no never mind like like in November at some time but
I don't think we can promise to do it any faster than it's feasible to do it but I, I don' have a problem with it being moved forward as quickly as we can.
That's what staff always understands is the directive on this one.
All right
thank you roll call please.
I'll look to City Attorney does that change the motion as previously stated? Yes.
Well I understood the motion was to come back as soon as we can December is a statutory deadline
I think that they were asking for as soon as we can is pretty ambiguous. So, as soon as we can, how soon?
The key then is the question for the council. Do you want a closed session and an open session item on the same night or do you want the closed session followed separately by an open session item? That's the key question of the council not from me.
Why is there a closed session?
Because the motion would entail...the motion is to have a closed session. Because the council wants advice. Your colleagues are looking for advice on the legal risks.
And the public can't hear that?
The council has the right to receive legal advice in closed session.
Okay, and the council can also make it an open session, can they not if they so chose? I'm not saying that. But the council does have the power to do that. A closed session is not de facto must. A closed session is a choice of the council.
It's a choice of the majority of the council yes. I understood the motion to be have a closed session discussion received that legal advice
Um, we never said closed session so that was an assumption but not a bad one.
That was actually stated by Council Member Lang so not an assumption it was a statement.
Oh was it? Okay I missed that. I'm sorry. Right right right but legal advice never has to be a closed session.
Councilmember Lange, do you want to repeat that? Do
we need to call the suicide hotline? I don't even
remember what I was saying. I don' t want you to commit suicide.
3:01 – 3:1357 turns
City Attorney, would it be your advice that we would have a closed session meeting? I didn't explicitly say closed session but it was the implication.
We'll take majority direction but we would advise to receive legal advice on the implications options and risks of several lawsuits against you that received that advice in closed session. It's equivalent to not playing poker with your cards down okay that's my firm advice obviously it's the council choice
We're not playing poker, this is not cards. Let's
have the roll call please
Weston Can you read the motion and please thank you
Roll-call vote 0–0 Moved by Rachel Lang · 5 under review
Show transcript
to continue analysis of the item And receive that advice in closed session and to come back as soon as possible and before the March 5th 88 days before the March 5th election deadline of the Ventura County Elections Division
Roll call, please. Once again I'm going to make the point we looked for as little ambiguity as possible and as soon as you can. Can you give us any sense so that other people can know?
The short answer is it's up to the scheduling of the council. If the council wants to schedule a special meeting between now and the 24th, we could return with the open session item, same item as now on the 24ths.
Let's do that. Is it possible? City manager, is that possible? This is
where I defer back to the council.
I haven't spoken all night, okay? I don't have a clue what kind of special legal analysis you're going to do between now and two or three weeks from now. What are you talking about doing that you couldn't have done tonight? What kind of legal analysis, whether we're gonna get sued or not? Because they're asking us how soon we can get done. I don't know the answer to the question because I don't know what it is we're going to do between now and then. What are you gonna do to get that advice to the council over this period of time? Because unless we understand that, what are we doing?
What I understand that I'll be doing is write a memo that explains the options.
Of what?
Of the coming choices, meaning...
That's
not a sentence. Let me finish the sentence.
Okay. Sorry. I've been listening to you all night long, Matt. Don't tell me what I'm going to ask you, okay? I want to know what exactly you think we're going to do in this period of time, this short period of time. Because it's a short period of time. Two weeks? There is not a chance in the world that if we don't already know these answers today that we are going to know them in two weeks. Tomorrow's agenda item is due for that item.
So let's be clear. Are we talking about going and getting Somebody to evaluate the litigation case, whether we have rescinded the ballot measure or not. Is that the thing that we're trying to evaluate? Or are we trying to evaluate the legal case as it relates to four or five projects down the road? What is it we're going to try to do in order to answer this question for the council?
My understanding is the latter. It would be assessing...
Then it doesn't really relate to what's on the agenda tonight.
Well, it does if each of these items has a potential impact on those.
In what
way?
Rescinding the development agreement approvals and pulling it from the ballot triggers an automatic requirement to have a hearing on the two applications for Cottage and Mallory. That hearing will then result in a decision to approve or disapprove those two applications which the council could receive advice on who will sue us and how from that.
I agree and I don't see any reason in the world why we have to have that discussion in closed session. And if, in fact, we think that's a fundamental issue in terms of not rescinding then how does that change our behavior on that question? Do we decide not to rescind because somehow we think that's not going to happen later on
If the council chose not to rescind and the voters approved the project, then though having to give a hearing on the extensions wouldn't happen. In other words there's a possible state of the world that could come from the decision to rescind or not? That's if
the applicant decided to go forward with it.
Correct.
And if the voters
approved it. Two ifs.
Yes but if the applicant decided not to go forward we'd be right back in the same place. Absolutely. So it's an extremely narrow issue that we're looking at here. We're looking at what happens under a scenario where it goes on the ballot and the applicant decides to accept the approval of the project. That's what we're talking about looking at.
And if the voters approve it? That's what
I said, if the voters approve it. If the voters approve it and the applicant accepts it. And the applicant accepts it. That is the legal risk that we are talking about how does that change our perspective on these four projects.
I also understood that the council wants advice on the losses that would follow from approval or disapproval of the four applications.
But that's going to happen one way or
another? Yeah, exactly. And you don't know.
Let's bring it through the chair please. Are you finished Mr. City Attorney? Yes.
So we can provide the legal advice as fast as the council wants it. As noted much of it does already exist.
Okay, Mayor Pro Tem.
I asked similar questions and I've come to the similar conclusion as our interim city manager. I
haven't reached a conclusion.
I
just didn't understand the questions.
My thought process is similar and it's okay if I read how you responded to me right? Because I thought it was very clear-cut and simple. So, I asked what was it that the council has to decide tonight because when I read the staff report my interpretation was that we didn't really have a choice and I wanted clarification and the response I got from our City Attorney is the Council's action is to accept the rescinding of And to formally undo the prior approval and pull the referendum off the ballot. As a practical matter, there's not much choice because the developer has rejected the development agreement but their rejection alone cannot undo the prior approval and does not automatically result in the ballot measure being withdrawn. The council needs to formally act to rescind the approvals and pull the referendum off the ballot.
And that's why that last sentence was my motion. Okay.
Council Member Lange? I want to, Clare, thank you so much for reading that because I'm hearing it in a different way than I'd heard it before. Because even if we do proceed with a closed session or with some other discussion, we're likely moving toward the same outcome. Correct? Is that correct? Did I hear that correctly?
Likely yes with the possible caveat that the developer might, if the voters approve it, the developer might still build.
OK.
That's the only caveat.
But understanding that they want not to do it.
I know so if the voters yeah, but I think this is all just
okay. The issue is we don't know what we don't know. So until we hear advice as to how each one of those three decisions potentially is used for or against us in some future litigation from one of the two possible plaintiffs depending on what the lawsuit is, we don't know. We can't know. An
attorney can give
us advice.
I'll just
say one last thing and it's a little bit off mark but this weekend totally unrelated to any of this, I sent an email to the council and I'm happy to make it a public email was no big deal Suggesting that we may have reached a point where it would make sense for us to retain special counsel as it relates, and this is Matt and I both agree with this. I think I'm not putting words in your mouth. No yeah agreed.
That we bring someone in who can advise us on housing legislation and who can advise us on relationships with HCD I think it's a good time to do that. It's messy for the city attorney to also be our litigation lawyer and I think that this would be a good time to do that, and there are firms out there that the council considered to do that. I don't think it's possible on the short term to get somebody up to speed in order to do on this time schedule, but I would still suggest that that's something we should do going forward.
And frankly, I think that's 99% likely to be where the analysis of litigation risk falls. I don't think it's likely to be analysis on what happens if we withdraw from the ballot. I think it's likely to be on what's going forward with all these other projects. And we need to figure out how to do this cleaner, let's face it. We've got to be an organization that can deal with development in a less messy way than we've been doing it so I still think that's something you want to do. I just don't think that you can really bring somebody in and get good advice on that short of time frame. I don't think it's gonna going to be possible
Thank you. All right, well yes Council Member Lange?
In light of all this discussion I mean and what you're saying now that we're not going to be able that it's that it's going to be very difficult if not possible to have special counsel come in to work through this in a closed session. I think we are dealing with the time I'd like to you know I'd like to take my motion back because I just don't think it's feasible to be able to do the kind of analysis that we're talking about doing. I think we're gonna end up at the same result
Well, I thank you for that councilmember Lang. I still think that this is a huge decision and we need advice on these lawsuits and it's housing legislation is really tricky right now so I would Still think we need to be in the best position and we need to take a little more time and get some more advice but anyway You want to rescind your motion?
3:14 – 3:4812 turns
I want
to
amend my motion. My original motion is to accept the resent and to formally undo the prior approval and pull the referendum off the ballot, and do what can be a separate motion we should definitely do as our interim city manager recommended is that Can you help me with the word seek
It'd be retained special counsel on housing issues to provide advice to the council in closed session regarding Several pending housing projects.
Yes. Yes, okay. Is there a second for that motion? I Would second that motion Roll call please Weston
I'd like to seek city attorneys Repeat that motion for me please.
As I understand the motion it would be to adopt a resolution that would rescind the approval of ordinance number 934, rescind the approval of resolution number 2258 both approving the development agreement and general plan land use designation amendment and order the removal of the referendum measure from the ballot and directs the hiring of special housing council.
Roll-call vote Passed 3–1 Motion understood roll call. · 1 under review
Show transcript
Can I split my vote?
You'd have to make a motion to separate the question and at this point you might just vote. Okay. I believe the motion
already has votes. Because I do approve of retaining special counsel, but I'll vote no since we've got three votes to retain special counsel. Motion passes.
All right, motion passes. Let's take a brief break and we will be back. Thank you. If we could come back to, come back to council please. We will begin with item number four, city manager update on City Council top priority items. Mr. City Manager?
Thank you and I promise I'm not going to do a lengthy update on everything on that list. I put the, I listed all of the top 12 or so priorities just in case people wanted to ask questions about them. I wouldn't have to say it's not on the agenda but those items that are listed in the agenda title are the ones that the council identified as the top priorities when we did our exercise So I just wanted to give oral updates on where we are on some of these. And, I'm gonna start with one that probably would cause everybody heartburn and that's the city manager recruitment because well let me address the city manager candidates who are still watching And I will also address the ones who may watch this on replay.
if they get to this point in the meeting. And they might, because it says city manager recruitment so they might watch through the end to see this. So I want to address those people and tell them something that, and I'm saying this from the heart. As I sat here tonight and listened to you all talk about a whole bunch of things that happened before I ever got here, meaning that I didn't really have much background on any of them, I didn't feel like I was doing you much good today.
But as I sat and listened to this, and I thought about the potential this community's got. And the issues that we've got in front of us. Real honest-to-goodness solid issues of management and city planning and environment things that really matter You know, there's two ways to evaluate a spirited discussion in a community. And one of them is to be discouraged by it and the other is to realize that we're talking about people who care about their community And I can say to those candidates, if I were good enough to look into the camera I could do this but I'm not.
All those years in Beverly Hills and haven't learned how to look into the camera. That one? See, everybody's trying to help me. This is the kind of community we've got. People are trying to help me. So all of you candidates who are watching for all of the discussion we've had tonight it's only 930 and and all of you candidates know the meetings that you're going to in your own cities right now are probably longer than that So it's not that we have Meetings that go forever and ever never sometimes we do but mostly not But the most important thing is that it's a community that cares about their town. I wish I were 15 years younger and I could make this a city that I wanted to spend You know, another 12 years in. I wish that I could commit myself in this town to really being able to make that difference that a good manager like our last one did, James Vega.
And all of you candidates should call James Vega with the Port of Wainimi and ask him if he loved working in Ojai because he will tell you that he did. So I'm truly shamelessly pitching to these candidates tonight when I'm talking to you. I like very much working with every one of these council members and with my colleague city attorney here and my other colleagues sitting at the table, this is a good group of people to work with and a worthy group of people to work with This is a great community and so I wanted to take this time the city manager recruitment.
Update is that the job is posted. This is the update for the public The job is posted we've hired Ralph Anderson and associates to do the recruitment We've got a top quality recruiter All of the council members now have had individual discussions with the recruiter I believe that's true And have let the recruiter know what we need and let the recruiter know what our challenges are.
And our challenges, among other things, we've got some governance challenges and we all accept that, we all admit that. We all know that we need to do better in some of those ways. So it's a good place for a manager who wants to be part of something that's on the way up. And I'm still hopeful that we're gonna find those candidates out there. And I encourage people to call me if they want to talk.
So, that's the city manager recruitment. We're working on it and hopefully in a couple of months it'll be closed and we'll have finalists and the recruiter will do an evaluation. We'll come back ask the City Council to choose finalists from among the group And we will then have an opportunity to get to know somebody and hopefully make a good decision. So that's the city manager recruitment, that'll be my second longest update.
The second one is just the overall discussion of the City Hall campus issues that we raised at the workshop And those included the fact that this is city-owned property. It's a great piece of property. It is property that needs to be managed right in a sustainable manner, on a respectful manner respecting the land and and the habitat. We have public activities occurring on this site Potential for public education on the site.
We've got a community garden that is not getting the respect that it deserves we had a we received recently a report from the Green Coalition if I said that right That is a very impressive report. I hope the council is okay if we schedule that for presentation to the council coming up and The public can can receive that All of that relates to the to the land in the property the big issue that we're all very very aware of Is the encampment that has occurred here?
where people are camping on the grounds and the numbers of campers has gotten bigger. The tents have gotten bigger, and the council gave me authority to move forward with a budget of $200,000 to seek a couple of things. One was to seek some way to supervise the site to work with the people who are camping there, to come up with some reasonable rules and guidelines by which camping could continue there in the short term. And I say the short term not in weeks but it's probably a few years probably before we don't have People on this side, I would guess But to put it to keep it in in an orderly way with a capacity because we can't just put everybody in there That's going to create some issues so it's gonna take a skilled person who can come in there and work with this population and try to accomplish those goals And to treat them respectfully.
We have put new port-a-potties, I don't like that word, but we've put new equipment. Temporary restrooms? Temporary restrooms, I like that much better. And we've put nicer ones out there and we're going to try to upgrade some other ways that we address the living conditions out there. And I think it's possible that I may have found someone who will take this task on.
I'm not going to name names, but I'm quite optimistic that there is someone with some experience in doing this who is going to be capable of taking that on and work within the budget we've talked about and probably will need a couple of assistants to help with that because no one is going to be able to do this 24-7. So I think we've made some progress in a fairly short period of time.
The other part of this equation is these three incredible, and I'm sure there's more than three volunteers working on this but the three super volunteers that I've been getting to work with Ruth Miller, George Gaines, Betsy Van Light have been working non-stop on this and trying to get Trying to help with how we could put together a grant application to get some funding through the state.
That would allow us to put together some kind of an interim, I've been told not to use the term transitional in terms of this grant application but rather interim housing that would then allow people to eventually move to permanent housing. There are some challenges with that, there's challenges with the grant itself. Now some other cities in Ventura County have succeeded to get these grants. We want to think we have a chance to get there.
The grant itself if we could get it would pay for the development of the facilities we would hope And two years worth of operations of the facility. This trio of volunteers has arranged for meetings, some of which I've been able to participate with people who would operate the facility if we're able to get it. We've worked with the help of Ojai that already serves some clients there and we continue to be involved. We've talked to other groups that operate other kinds of services, food and medical, and we're really zeroing in on what I think is a pretty impressive application. Two challenges with the application and I'm not asking for answers, I'm just telling you where we are.
The notice of funding available hasn't come out yet so we've probably got about two months once that comes out but we need to have a site And it's going to be tricky to get a site that quickly that we can use, but we are very interested in identifying the site where these small houses go. We've been working with Dignity Moves in terms of a possible developer of the site and we're very impressed with what they've done.
And the other problem is that the application they look for where these people can move after their interim housing period. In other words, where are we going to have housing available that people can move into in terms of permanent housing at the end of an interim housing period? That's a harder challenge and some of the other cities it's been easier for them to identify One angle, and I hope my trio doesn't get mad at me for spilling the beans on all of these things. But one angle in all of this is that we actually could apply for permanent housing not for interim housing. We can still do it with the small houses but that's another angle on how to do this.
Another angle would be if we could find enough land that we could do both. And if we could do both that would be win-win-win. So we you know, I'm married to a woman who always says dream dream your dream and So, I think we got a dream our dream first and go for what we can get And if we have to step back We'll look at stepping back but all that's going on and all that's gone on since August 30th when we had that discussion With the City Council so there are things that are certainly moving on these topics The other thing to two or three other things I'll mention briefly the ATP project, you know where we are in that We had that discussion just very recently We did have a team meeting team a project meeting today That included Caltrans and and Alta planning who's doing the engineering designs for the ATP project it included people doing the right-of-way acquisition at And it included the gentleman from, Peter from the Transportation Commission who was here the night of our meeting.
And we laid out to them what the council said that night, and we said the council is leaning favorably toward pursuing phase one with a couple of understandings. One is that all of the money that is budgeted for phase one and phase two can be used in phase one so that we're not out-of-pocket on that project, at least not for that amount of money, and hopefully it wouldn't be more than that.
And that seems to be something that people are comfortable with The other caveat was that we want to be able to take the time on phase two To really evaluate the scope of that project, especially as it relates to the bike path Element of it and The answer to that is pretty much what we were told that night, although I don't know that I caught it as readily. That the California Transportation Commission is the final authority on that. It's not Caltrans as much as CTC and they said CTC has been very rigid on scope change and then they said but there is a process So we will have the opportunity to pursue the process to talk about that. And I think there is some understanding that there are places along Ojai where it's very, very scary to think about bicycles.
It's hard to drive down Ohai, in that section with the retail. Somebody opening a car door could hit a bicyclist or vice versa and somebody in a car could hit the bicyclist and we're not talking about a project that's making that wider so there may be some arguments for looking at the other path and doing those kinds of enhancements But that's yet to come, we've got time to work on that. So by and large I felt pretty good about the project team and their reaction to what we said.
Pickleball! Pickleball, the good news is I talked to Supervisor LeVere very supportive of what we're trying to do. Soule Park he's very supportive of what had been negotiated already on that and lots of time had gone into that I asked him how rigid the county was on the $58,000 gate fee to cover that. And he said well it was really the city that didn't want to have a gate fee.
That the $58k was the cost it would take to eliminate the gate fee And that right now if you're, if you buy an annual pay, of course the rate could change but right now I believe it's $30 for a year. Is it? I think it's 30. If Luis was here he'd know. And I believe if you're a senior it's only 20 So, I'm not sure that's something we can talk about whether or not the gate fee is is That big an impediment that we want to pay $58,000 a year to get rid of it. But maybe we do maybe you do but that's that was one of the two issues people brought up and the other one was if we're gonna put an investment in a And he said, well, we hadn't really assumed that you were putting that kind of money into it.
I think that part of the equation is something that can be accomplished. Lindy Palmer and I would suggest that the right way to proceed on that is to hire somebody to put together an RFP With some at least basic design elements so that we're getting bids on the on the facility we want That'll cost a little bit of money. So we're not going to pull this off for $150,000 it's gonna cost more than that but But we don't have to go We don't have to go for top-of-the-line almost a Cadillac, but I guess that doesn't count anymore I'm that old.
But we'll, but we can pursue that one fairly quickly. The harder part of the pickleball equation is always or is still going to be What other kinds of location can we get in the short term while we're trying to build something like that? And I don't, I can't tell you I've got solutions for that. I've talked to the school superintendent and I'm not going to repeat her words right now but she had some facilities she's open-minded to. She's not speaking for the board that would be a board decision And then some facilities she'd be more open to. And I think we'll just have to pursue that in terms of whether there's a school district solution. I have not worked with a committee, I've not had time to put anything together that would... That Committee of People of Goodwill to figure out what to do about Lower Libby and the existing site which I know That the council had indicated you want to try to abandon at some point.
And I haven't been able to work on that, so that's still something that's a work in progress that we need to do. But that's basically where I am with Pickleball. And I only try to remind people it hadn't been that long since August 30th. General plan, Lucas has put together an incredible report on the status of general plan and we'll be bringing that to you pretty shortly I'll tell you that I thought the general plan was further along than it is.
Anyone who thinks that they came on the council when the general plan was already pretty well wrapped up, it's not. You got plenty of time for your input on the general plan. There's a lot that's been done but there's still several hundred thousand dollars worth of work part of that's budgeted That needs to be done. He's also going to provide Estimates on and options on climate Climate action plan and there was another element that apparently was asked for that related to tourism management and And he's got, I think, estimates on what it would take to do those pieces of analysis if you wanted to do that.
But that's coming very shortly. He's done a lot of work on that and there are ways – we haven't done the environmental yet. We haven't done the project EIR yet. I'll be long gone before this general plan gets done. So it's not in a situation like I had once thought that we were on the verge of adopting, we're not that far along.
3:48 – 3:5723 turns
And there's no deadline for that right?
Well we're supposed to do our general plans within a certain time frame but I would tell you that if you've surveyed the cities of California, you'd find that we're probably in the middle of the pack. We're not trailing at the end. There are a few elements that have to be done and the housing element is of course the biggie. I will, the only thing I want to say about revenue options and I've said it before if there is any thought about putting a tax issue on the March ballot I need to put this on like next meeting And if that I'm seeing some yes the head shakes So I better get this on we need to talk about it because there's a lead time on that that we need to watch
Yes So
if not sooner
yeah it's 88 days before the ballot which is the fourth or the fifth.
No, it
doesn't have to go before the voters.
We can do that I would I would like to do that Unless somebody I mean I've been told by council members before no don't know that to us
Councils wait forever to change the compensation and you need to be at least able to get a little bit of your expense back. That's right. And in the future it will affect whether somebody can afford to run, so I would do that. All right, I'm going to cut this short. The capital budget fiscal model, I think it's very important to do that one And I'm going to get some quotes on that. I've talked to a couple of firms already and there's others that I'm sure will quote. I think you need that when you have your new manager and you go into your next budget, I think you need to have that so I'm gonna take that one and move it Andy we're sitting there a minute ago Is working on a housing affordable housing form or housing or affordable housing?
Both. Yes, we'll call it Fred and he's he's working on one that I'm impressed by I think there may be some elements that I'd want to do as a follow-up to what he's working on, but right now my predilection is to work with him on what he's working on as part of the Gora Foundation initiative. And so hopefully we can have something positive happen in that arena.
Citywide speed limits. That's something that could be done. I think we still may have to do some speed surveys even Even under the new law but we can, that's an initiative that can be moved relatively independent of a lot of other projects. The one thing that I, the two things that I think we haven't done are really important. One is the fire hardening and the NIMS training.
Maybe that the NIMS training you'd be better off to wait for your new manager and a few other department heads that we need to have on board. The fire hardening, what could be more pressing issue than that? And we probably should get some kind of idea of what it is we want to work on in that arena. And we probably need to get the chief and And people who were interested in helping us with that and see what we can put together on that.
Just a question,
what does NIM stand for?
National Incident Management System. It's the protocols that every government and non-profit agency in the country trains to use in an emergency management situation, whether it's an earthquake or a flood or a biological attack you use the same format, the same structure. I trained where I was working Trina trained where she's working and yet if we had an EOC call out, we would be using the same structure.
We would know innately to use the same structure because that's what the whole world trains on and it's really powerful so council needs to be It's really a requirement That we all train on NIMS
We do have a disaster council meeting in a couple weeks, which you're on now.
It's on my calendar.
Could we talk about those?
Yeah sure. I think that's the place to talk about it. And finally I was going to mention the Council Protocols Workshop. I still think that's a good idea. I'm sorry that you all got so stressed with the commission discussion because frankly when you talk about council protocols, you can go through some stress. It's just part of being on a city council it's part of being in a team that has to work through what your protocols are going to be But I think it's very worthwhile and I think it needs to be done. And I think you can pick the top, the council can pick the topics you want to start with we could do one of these every six months and have plenty to work on but you will put some topics out there and you can figure out which ones you want to start with then you can pick a date and we'll We'll do the first workshop We said we were gonna wrap into that the Ethics Commission concept and the code of conduct I believe was what the phrase was And so that's that's something that we can do within the context of that So that kind of other than growth management philosophy, which was my My dream That I'm not you're not going to do while I'm here because we're not going to get to it But I think it's still worth doing So that I've covered all 12 of the topics.
It's impressive Thank you very much for that any questions from Council?
Microphone
mayor On the council protocols workshop code slash code of conduct slash ethics Commission That's an umbrella for a number of whatever the council thinks is important. It could include how the city meetings are run, the length of time you know conduct and how the agenda is set all of that
yeah I mean obviously My idea is that we find a very respectful way to deal with those issues, building up our processes rather than finding a way to complain about how everything's been done this way or wrong. I don't think we need to deal with the past so much as we need to deal with, okay going forward what is it we want to do and what do we think the protocol should be. If we can have those kinds of discussions in that context, I think it could be very useful
Yeah, two things that have been brought up recently and the writers are in the audience. Drew Mashfield. We're
still on questions. Can we wait?
Okay I'll wait.
Any other questions? All right let's move on to public comment. We have Jessica McRae and Renee Roth.
3:57 – 4:0622 turns
Me again on this subject. Thank you so much for everything that you're doing I we definitely appreciate it and Did get the restrooms, which is great? I know that you are moving forward but still Yeah, but still Growing.
Oh,
yeah loud noises all night long. It's unruly and crazy and Keeps going. So I know there's things going on, but we can't the community cannot feel it see it that anything is happening. I would love to volunteer if you need some organization here. Here's a campground. I'll volunteer to get a group smart enough to put those together tomorrow and get that done while you're trying to hire someone to actually Manage it but to organize it because that's what we need. We need some structure some organization if we need this Speed it up. I'll volunteer to get those smarter people, you know,
I hope you understand that I really need to have the person in control To be involved in the creating of the rules and and It's just agreeing on who's gonna be where and what's in bounds and what's out of bounds I really need to have that in place, but I think I'm really close.
Okay? I hope so because That really
needs
to get taken care
of I I lose sleep over this not the way you lose it because you're hearing the noise and that's losing sleep Lose sleep at night when I think about what's going on out here and knowing that it's something I'm supposed to be taking the lead on so I'm feeling that every day Okay, all the way driving to him from Fresno. I'm thinking about that
And I do I do know that it takes a long time It just it just seems that the conversations just spend and no actual action happens and that's what we need desperately with this situation So I do and and I know you guys are doing your best a couple of suggestions. I know working with the count Hopefully you can get a good relationship with the county Cabrillo could take care of half the people out here according to the task force report, right? There are a lot of elderly People out here that should not be out there in Cabrillo could could house half of those people Why do we not ask the county to fast track it? Why is it gonna take two years to build it?
Yes, yeah.
I don't know the answer that but we are talking to Cabrillo about
Miramonte and if there's anything we can do work through with the county to speed that up we need it months ago right so for it to wait two years to have our elderly sleeping out here for two years is just It's heartbreaking. So and then the other for those that are able-bodied and can you know Aren't on the elderly scale, but on the younger scale can we get vouchers for camp comfort?
Set them up in actual camping sites while we figure out what else to do instead of sites that you know
Yeah, I appreciate the suggestion. I'll bring it up
yeah, so that would that was it just a couple of suggestions and please please agree
Thank you, Jessica. Next we have Renee Roth.
Okay Mr. Mark Scott I have to say as soon as you start talking and explaining things I am just like yes keep explaining keep doing more keep You have a way of being open and honest and experienced, and an administrator who can explain things quickly and easily and get to the bottom line. So when we're talking about a new city manager and what we're looking for, we're looking for somebody like you, to me in my mind.
We're looking for somebody just like you, Mr. Mark Scott. So, but I agree with you. We have issues with our governing structure. The governing structure of our council when you get a new majority and as we have seen in the past they can dictate and control and fire a city manager. You came in and you were able to say, look, you can't fire me. And you got to listen to me and pay attention to me because I know what I'm talking about here. And you did. And that's very impressive credentials and government speak in my mind. A lot of people don't have that ability to do it. So, that's what we're looking for in a new city manager. I would hope that others here can begin to step up and start thinking about our governing structure because I've seen so much more division Since we've gone to the elected mayor separate from the council districts.
I loved in fact but Mayor Betsy's idea of a youth council, but if it's a mayor's Youth Council. And you have a rotating mayor, then it's okay to have a Mayor's Youth Council because it rotates and there's rotating council members. And you were all talking about how you wanted to have council members be rotating. So these are the kinds of issues that I want to be able to go to sleep at night and not have to worry about what is happening at City Hall. And I don't ever want to have to go another council meeting again If I know that you're in good hands, you've got good ideas and a good administrator. And I agree with you, Ojai is a very special place. When I moved here, I thought any government employee here is so lucky to have a job here. I really mean that.
So there's so much potential and so much hope and so much optimism for our future. You're the right man for this job. Thank you. Thank you, Rene. Any comments
online, Weston?
Yes, one raised hand. Jerry Schwenke, you have the floor.
Hi, me again. You know I worked with homeless people here in the Ojai Valley for the past 20 years as an overnight host and for my first couple of years, I guess, as a board member on the Ojai Valley Family Shelter And I heard a lot of good ideas here tonight. But I heard a really bad idea, and that's pushing the homeless population down to Camp Comfort. It's moving them further away from... Remember most of them are on foot.
It is pushing them further away from vital services and resources, and it's going to lead to having those people walk that distance Back and forth in, into town and back down to Camp Comfort frequently after dark. Um, you know, I think that we're supposed to help them not kill them, you know? Because walking along Creek Road after dark is pretty chancy. Other than that, I like what I heard. Thank you.
Thank you, Jerry. Is that it, Weston? That's all, Mayor. Okay, we will move on to discussion. Who would like to begin?
I'd like to respond to what Jerry
just said. Mayor Patel?
Yeah, when I heard vouchers for Camp Comfort or other campsites, I was thinking of the homeless people that are living in their cars or camping but have a car. I don't think anyone is expecting people without a car unless they're carpooling with somebody who has a car It's not about forcing. It was an option, right? The voucher might be an option but we're not going to hand people vouchers and force them into a faraway campground.
Am I correct? I just want to put that to rest. Am i right?
4:06 – 4:1532 turns
Well, I would just like to thank you for this list and all the work and getting all these projects going and
And please I gave the report. I'm not doing all the work You're not So, please take it in that vein
Well, thank you for giving the report. It's much appreciated. Council members any
comments? I just want to second that this, I mean you say that you are not doing a lot of work but how much you've done in the short time that you've been here is incredible and the fact that we've actually made progress on all these things is really because of you so thank you it's because if your leadership and keep continuing to keep us moving in that direction
I'd also
like to thank our staff who works tirelessly and pretty Skeleton crew, and we are really grateful so Matt. Thank you Carl. Thank you Trina thank you not staff
but
You're important
Anybody else oh
Yeah, so thank you also for all the staff but there was a topic that came up tonight and I think all five of us are in agreement that If there is a rule we can adopt that gives priority to Ojai residents for affordable housing opportunities, I think we're all ready to see that statute. And I'd like to see that come as quickly as possible. We're going to be dealing with affordable housing projects coming up. That should be on the books.
Matt had some good ideas earlier this evening on how to move that forward more expeditiously.
Yeah, I think the council has put that in the priority workshop on the to-do list so we can move that forward faster than others.
Would that be a pending agenda item? We get to that section of
the
we are we still have yet to do The future agenda items.
Yes Thank
you
any other comments from Council? Councilmember Lang
I actually do have a question Would in the capital budget Fiscal mode would that be an area where we could talk about things like the management of Libby Bowl and the lights and the staffing and That's
more of an operating budget issue. Okay, I think when you When you get into the budget this year, I think what? You're referencing is One of the practices that the city adopted a few years ago when the budget was being cut, was to eliminate the staffing of events at Libby Bowl. Not entirely because what's the gentleman's name? Dugi. Mark
Mark is awesome, too. He he helps out Gigi's duties great. He was actually here tonight.
Yeah, he was But everybody You know so they're there are people who were who are there and who help but? But we did get some criticism that the city should be actually be staffing it There's a equipment there at all James Hahn who is Probably in the back room is the master of so many different things. Believe me, IT people don't do all the things that James does here.
He's really extraordinary and his new assistant James.
Yeah I just met
him. James and James and James around here but So yeah, there's things that we could put more staffing in. There's a number of places where I would put more staffing if we had the money to do it so that'll be one of those trade-offs the council needs to look at.
Any other comments? Other than a lot of gratitude. Mayor Pro Tem?
Can I ask a question of Chief Trina Newman? Is there anything more we can do, anything we can pass to help control the noise at night? What is your experience and what's happening with that? You know at the homeless encampment.
Sure, yeah I kind of assume that because that's majority of Where the complaints come from is from the camps down there? It you know it's a tough it's Question to answer because we have such a variety of individuals that live down there We're not talking usually when we get those complaints. We're not talking about the individuals who I may not have mental issues, drug issues. I'm not trying to categorize these individuals but based on what we've seen and the experiences we've had that unfortunately influences their behavior.
And so when we're talking about noise complaints usually there's other things that are driving those behaviors and we try to address those behaviors versus just the music complaint And a lot of times our hands are kind of tied in what we can do with individuals that have those types of problems. We try to address and give resources to those individuals that we can, And in other times we may have to arrest those individuals and that is a short term. Very short very short term.
Yeah yeah. OK so nothing has changed in that respect as far as noise it's not that mentally I don't want to use the wrong words but it's not like the people are partying. It's more It's a mental health issue and it's not so simple as, you know quiet after 9pm between nine and six. You know there's no normal campgrounds have those kind of rules, right?
Correct. And there are there's no doubt there are instances where people are Or having parties, just like anywhere else they can have a party in the city. Just because they're in an encampment doesn't make it any different for them. And we try to address those just like we would anywhere else in the city having a party at their home. So because they're living down there, there's not much more we can do because of their situation. It's the city ordinances that we have to enforce and any other laws that we can enforce based on the behaviors that we're seeing in those individuals.
We will try to the extent that we can deal with people who have some capacity to understand the trade-offs. We will try to give people incentives to want to be cooperative with us because if we supervise this right, we have some things we can offer to them and in return for that we would hope that they would want to be allowed to stay I want to be very careful what I say about dealing with the in-house because there are, it's very true. The legal issues are very tricky but we will try to incentivize people to want to cooperate with us better than some of the people have And in some cases, we may need to find someplace else to tell someone they can go other than where they are.
We'll be working on those options as well.
Thank you for everything.
Thank you. Council Member Ruhl? Yeah, I just had an inquiry also for Chief Newman. So I got an email my street kids riding their bikes down tossed a line through a front window broke it and so and I know that this is continuing to happen we've talked about it before What are our options here and, you know, how do we really deal with this other than to say, you know.
So that's kind of my question because it is coming up more and more. It's expanding out the worry.
4:15 – 4:218 turns
Definitely we realize it's a growing concern. We have had and put out extra deputies out there, and when I say extra you know we're using the COPS grant to fund these sorts of things so during the week we've put out extra deputies on foot or bike whichever one and then also on the weekends And we realize that it's not going to have a huge impact right away because again, we're choosing certain times and we're hoping that we may run into these incidents. We don't know for sure.
To really address the problem, we would love to staff it seven days a week and extra on weekends to really have an impact on the problem. What we encourage our folks to do in the community because I've had people ask me because they're kids, right? Adults think that oh it's no biggie, I can go approach these kids but It's not like the kids are very respectful in any of these instances, and so it becomes an issue. And we've had community folks ask us if they can go and put their hands on these kids because they become so frustrated, and that's the last thing we want to happen.
And we just encourage people to, when this type of incident is going on, be the best witness that you can. You know, we've all seen people get out their cell phones and start recording the incident, and that's fine. Give us descriptions of what's going on. Call us when it's occurring so that we can get there as soon as we can. And it's not only unfortunately, it's not only in Ojai this is happening. We've had it occur in several other areas and in the county and it's frustrating because we are talking about kids. Even us when these things happen we're not going to go chase down these kids and tackle them to the ground so There's only so much we can do, but in instances where they're vandalizing it's no different than addressing it if it was any other incident of vandalism or crime occurring in the city.
You know, we are trying to address it by putting extra deputies out there in hopes that it will deter these kids from doing these types of things. And just kind of going through information as we get it who these kids might be if we can get in touch with parents and educate the parents about what's going on so you know it's kind of occurring on different levels.
Thank you. Thank you, Trina. Any other comments? Can we move on? Thank you very much for that report. Okay, let's move on to Councilmember's reports. Anything, Councilmembers?
I have something that I wanted to just—I just wanted to give a huge shout-out to Jeff Palmer and the Sanitary District. I had the opportunity of taking a tour of the new construction and the new project that they have going on right now to reduce the amount of phosphorus that's going into the river. And they have been able to come in under budget, basically work miracles and the whole entire plant is like one great big kombucha.
It's incredible! So I just really wanted to thank Jeff for all his work at keeping our water safe and clean.
Thank you I would like to thank the Ojai Valley Museum for a wonderful reception on Friday night. The Ojai studio artists packed and really fun and great art, so bravo. Thank you Anyone else? Okay City Manager's
report
Okay, future agenda items. We have that
I Have one so I would like to bring up the Film Society's Comment today about getting some legacy dates on the calendar. Oh
Yeah, and I sent you all an email during the meeting we're all we're very aware of all that and the Next year it'll be very easy if the council wants to consider these legacy dates we can We'll just book them ahead of time. What happens, and what happened this year is that we have a contract with Sterling I guess it's called? That does the concert scheduling and we have a contract with them and we give them dates in advance And they then put out proposals to groups to book the dates. They've got all these formal proposals out to these groups and working on dates, and I get confused between festival and society.
They came in looking for specific dates and several of the dates were out. They were already out, so we couldn't... We have asked the Sterling people if the dates fall through let us have them back because we will then give them to the Film Society but we aren't able to accommodate all of their dates this year because we've got contractual stuff that's going on But next year, if they give them to us in advance we can book them and reserve them and it should be fine.
And we think we're going to get some of them back. They've already got some and Carl was telling me there's some others that they haven't come in and booked yet but we've got them available. Microphone, please.
4:21 – 4:3027 turns
Sterling has told us they'd probably have an answer likely around the new year on the complete schedule and what they can release but we are...we have asked them as they know if they could let us know
Thank you, Carl. Council Member Rule?
Yeah I have a couple of agenda items so I definitely would like to move forward with SB 649 on the agenda. I think we need a little bit of education as well so I don't know how exactly that would work and Also figuring out if there is a way for, you know, private developers who might be doing low income or, you know, might be willing also we could give out information to them on how they might I mean they're not they can do what they want to do but Encourage them as well any development to look to Ojai citizens first and if we develop a model We can actually pass that on to them in ways that they might be able to do it. So I would expand SB 6492 include private developers as well so as we think forward, so And also obviously the tax issue.
I think we've all been speaking about that since day one and This might have been for a council report, I'm not exactly sure But also within in my district numerous times as I'm sure with it You know a couple of different districts is speed bumps. So, you know I have Fulton from Ojai Ab to Grand that has only one stop sign and no lights so I am going...I would like to it's a bigger discussion with safety but more and more people are coming up to me and they're just worried about their kids So I'm actually gonna do a survey of both Drowned and North Fulton from Ojai Ave to Grand, to see how many kids are actually there. Like I know on my block, I know on Fulton from Ojai Ave to Grand where all the kids are. I'm not as clear on Drowned so and there are a lot of kids.
And so I'm getting more and more requests for the speed bumps and we've had people come-
Speed humps are the ones that we're testing.
Yes, speed humps whatever.
Not the flat ones that we're using?
Well those aren't really flat.
No they're not and I like them. They call it speed cushions but...
Oh I was trying to figure out yeah
I can
remember.
I like them personally believe me I know more about speed humps than any human being should ever have to know. I've even been threatened to be turned into a speed hump before
Yes, a speed cushions some sort of way to calm the traffic just because of the danger for kids.
Yeah there it's a big issue yeah it's a big question that when you start working on it street by street you know hold on tight We have the test that's out there. James Hahn and Brian are doing speed surveys to measure what kind of impact they're having. It's not huge, it's a little bit of a reduction in the speed that it allows. And then people also need to be aware of what they really do accomplish. You can't engineer for people who are driving down the street 60 miles an hour, those kinds of people. The speed hump is more likely to turn them into a I'm going to go ahead and get started.
We're actually in pretty good shape on that one. But you can't do it on a curve, you can't do it On a slope but and you find when you start putting them in. You can't do it in front of somebody's house who doesn't want to bump in front of their house don't like bumps in the middle of the night So there's a lot to it, but yeah take me out and show me the places and we'll will do some analysis Okay, take a look there's several others in town asking for the same.
Yeah There are and I will do the survey as well first so that we know How many kids were actually talking about and what the you know what the risk? For downtown we're flat
Yeah it's mostly in this town you can do it. We've been putting speed dips in all over, it's called unpaved streets and I think the biggest danger of our paving program is people will drive faster on better streets. So we better think about how we're gonna deal with it. Unintended
consequences of paving. One last one I think you and I discussed is, I don't know what the process is for putting a 2-2 committee to be with the school board, you know, school trustees reenergizing that 2-1 so that we can actually start talking about
things. We'll put that on the agenda for council to appoint at two by two The two by two, two times two. Yeah. I think council's been talking about that for a while. It
should be fairly easy. Mayor Pro
Tem? Now I have so many things! So first of all to respond to the number of kids and the speed just I don't want to be a wet blanket but this has been discussed for 20 years and until there is a paradigm shift where we make the children of the community what's the word the benchmark is it If every child can ride safely to wherever they want to go, then you have a bicycle-friendly community. It's good to know how many children, but it doesn't matter because that child may go down the street. It should be safe.
And traffic can be calm. Go look at the 2016 complete streets master plan that we adopted. Look at what other cities are doing and it can be done. It absolutely can be done that we can be a model for a truly you know all of these are safe routes to school so a truly bicycle pedestrian friendly community. The kids are the measure Not the people that are adult and can look out. It's the kids, what's the word?
The measure if it's safe for kids, that's the measure. And then I wanted to ask, as far as the SB 649 Is it understood that priority is not just people that are trying to stay and live here but it's also the people that are already working here that are commuting from Oxnard teachers that are commuting. Is that understood?
So I think that's going to be one of the key points to consider when the council hears the item in full is where the options are for setting preferences for residents versus workers here versus both all To be decided by the council and when the item comes back and do include a discussion of options to incentivize Developers to provide such preferences.
Okay,
so we'll include all of the above as part of the future discussions
And then real quick, you know you brought up Sterling and the concerts at Libbey Park. I keep hearing these complaints about yellow tape that prevents dancing so I don't have an answer. Who's doing that? It's not the city? I don'y
have a clue what that means but I'll find out
You can ask Sterling. There's a lot of complaints and people are not liking it, right? I don't go to those conferences. Do
you know why they put up yellow tape at the concerts?
4:30 – 4:3113 turns
Keep people from rushing the stage.
We actually did have that incident. The last, yes.
Do you know?
For rushing the stage? Yes. It was for this most recent concert that did occur. We'll find
out. And I would suggest if you get email complaints like that Most folks forget to copy staff, so forward those to the city manager.
Yeah well actually I just see it on social media.
Take a screenshot and forward it. Okay
all right will do
okay thank you.
Well we'll talk about that coming up well thank you all thank you all for hanging in there yes Councilmember Whitman
yep uh I think we've already talked about this but and I don't know if it's tucked into one of our other future agenda items but we have discussed doing an inclusionary housing ordinance and it hasn't I haven't seen it kind of so yeah explore the options that we have what other cities are
doing. It's not a simple thing to do and I suspect Lucas is up to here with all these things that we're doing but but yeah it's very appropriate timing to look at that
Okay, well thank you all for hanging in there and thank you all for a productive meeting. We are adjourned