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Call to
order,
we have a quorum. Could we have the roll call please Mr. Management Analyst?
Roll call — called by Unidentified speaker 2
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commission reports so we will move on to presentations. We have presentation from the Chief of Police Trina Newman and Assistant City Manager Carl Alameda to present or review the 2023 city of Ojai crime statistics. Thank You chief Newman and thank you Mr. Assistant City Manager.
Madam Mayor, members of Council, thank you. Trina Newman with the Ojai Police Department and I'm here to present you the crime statistics for the City of Ojai. The crime statistics we capture are in accordance with the National Incident Based Reporting System also known as NIBRS and it is reported to the Department of Justice on an annual basis. This review contains information compiled from our Sheriff's Crime Analysis Unit as well as records from the Ojia Police Department And these statistics are compared to the previous year from 2022 and before.
The Sheriff's Office uses these statistics to ensure appropriate coverage and delivery of services, as well as to gauge and determine whether or not our programs and policies have an impact on the reduction of crime. I also want to say for those that are watching or listening, you can also look at our crime statistics online at our website VenturaSheriff.org.
The statistics I'm presenting tonight are a little bit more in depth so they may not be the same. With that if you could go to the next slide please? The first slide, this is an extremely basic overview of our patrol functions here in Ojai. So on 2023 we responded to over 3,000 calls for service. Those calls for service range from anywhere between low level report calls, barking dog nuisance calls all the way up to investigations of criminal behavior including weapons and serious injury and everything in between.
Our average response time listed here at 5.29 minutes, that is our response time for what we refer to as priority one calls which are truly emergency calls where we respond with lights and sirens. So within the city if someone calls for an emergency we have an average response time of just over five minutes. In 2023, we made 243 arrests between both felony and misdemeanor arrests. And we also handled 42 non-injury and 22 injury traffic accidents in 2023.
Next slide please. Now generally when we look at statistics, we look at them in two categories. One being property crime and one being violent crime. This slide depicts our property crime numbers. So in 2023, we had an overall 8% reduction in property crimes. This category represents crimes of burglary, residential and commercial burglaries as well as petty theft, grand theft, vehicle theft and arson.
And as you can see the 2023 numbers are listed in the light green if you can see that on the slide there which is the column farthest to the left so with exception of residential burglaries all of our property crime numbers went down. We had eight incidents of residential burglary in 2023. We made arrests in half of those, the other half those cases we were unable to establish any evidence and there was a lack of any suspect information in those cases.
Next slide please. This particular slide shows the number of violent crimes by incident in the city of Ojai. And this category consists of homicides, rape, robbery and aggravated assault. In 2023 as you can see aggravated assault numbers were increased by a total of seven incidents in 2023. In this, I'm sorry. Yes that's correct seven incidents. This is actually consistent countywide we not only saw this in Ojai but we saw this in every jurisdiction within the County of Ventura.
We believe that we're kind of getting back to pre-pandemic numbers when it comes to looking at person crimes In all seven of those incidents, we made arrests. So 100% clearance in terms of arrest for those cases. The degree of assaults and what we're looking at in terms of those incidents were neighbor disputes, domestic related and then of course we also had a couple of incidents occur in our encampment but again all those were cleared by arrest.
Next slide please. This slide shows just the comparison of property crimes compared to violent crime. So as you can see, majority of our crimes in Ojai are property crimes. In 2023 again we had a decrease in property crimes versus the previous two years. I can say that I would rather see majority of property crimes versus violent crimes not that any crime is great but I would rather see it in terms of property versus person-to-person violent crimes.
Next slide, please. This is a count of arrests we had in the City of Ojai last year. So we did have a decrease in arrests. We had 33 felony arrests and 210 misdemeanor arrests. There was a significant decrease in misdemeanor arrests in 2023 which could be attributed to the fact that we did have a decrease in calls for service in 2023 although they're not always related there are a lot of factors that could determine Next slide, please.
I know that traffic is of a major concern here in Ojai so I did want to give some perspective on traffic citations that were issued in 2023. They range again from no registration to moving violations, illegal turning movements, speeding We issued 288 traffic citations in 2023. And we do have plans to, and talking with City Manager Ben Harvey, we have plans to look at some options for increasing our traffic enforcement. So more to come on that.
Next slide please. Before closing, and I do want to give time if anybody has any questions. But before closing, I just wanted to give kind of a quick recap in 2023 of some things we did in the community last year. We partnered with schools and participated in Read Across America Red Ribbon Week. We held a bike rodeo in Oak View. We hosted Coffee With The Cop events last year. We had our Ojai Youth Explorer group attend a national event in Chandler, Arizona for the first time We will and we'll continue to have services brought to our vulnerable population in terms of our backpack medicine and one stop group.
And in 2024, this is kind of exciting for us and I think this may bring a lot of help to us here in terms of our encampment but in 2024 the Board of Supervisors approved a full-time eight person excuse me homeless liaison unit Which means we will be able to use those services from that unit every contract city will be able to use services from that unit Then they will be able to assist us in issues with our encampment in terms of cleanup enforcement assistance with studying laws and regulations in regard to homeless camps In 2024, we also created a full-time organized retail theft unit which we don't have a lot of in Ojai. I think the couple incidents that we did have in 2023 were at Rite Aid but again this is a full time unit that may be able to provide some assistance to us should we need assistance with investigations in terms of retail theft.
For 2024, we'll continue to utilize grants from our Office of Traffic Safety to bolster our traffic enforcement. We will continue to use our COPS grants to also do our bike patrols and our foot patrols in the city. I know those are really popular so we want to continue to do that. And in 2024, we also hope to continue with our community events. Last week we were able to put on our pizza with the police which the mayor attended and it was a great turnout so we hope to continue to do those as well.
And with that I will close and if anyone has any questions I'm available.
Thank you so much, Chief Newman. We are so grateful for you and all their diligence and data and your calm demeanor and being the first female chief of police in Ojai. That's a big deal. So thank you. Any questions or comments from from the council? Council Member Francina.
Thank you. So I have two or three questions. Is this on online, the slideshow?
It is not online. That was exclusively for today's presentation.
Okay, but now it is because it's part of
the...
It will
be part of this presentation.
Yeah and it might be well it's at the beginning so people can find it easily that was one question and then I heard you say Ojai City arrests but the other statistics were Ojai Valley wide correct?
Yes so are you talking about our statistics that are listed on our website?
No just from the presentation.
That is all relating to the city specifically
All of those
statistics are only within city limits.
Okay, but I heard you say that there was something at a robbery or shoplifting at Rite
Aid? Yes, that was not included in any of these statistics. I made reference to that because of our organized theft retail unit that would be able to assist us in that type of incident. But again, I realize that has no effect on the City.
I guess if you divide it all up by 365 days, and it's not. But it was I was surprised at the statistics. So thank you for that. And that's all for now. Thank you. Thank you. Any other
questions or comments? All right. Thank you, Chief Newman. Much appreciated. All right, we will go ahead and move on to public communications first.
Actually mayor if I could
I'm so sorry mister
on Presentations which would be more appropriately an introduction? I would like to introduce To the community in the council our new recreation manager Matt Davis who's with us tonight joined us from the city of San Clemente down in Orange County. So Matt if you'd like to let the council know about your background and what you'll be doing with us
Hi, so thank you guys for welcoming me near the city new to the area So originally from Seattle Washington and was most recently with the city of San Clemente Very grateful to be here my background I have a recreation background Management degree from Central Washington University. I have a master's degree in public administration, and got 15 years of recreation management experience managing facilities and programs and staff.
And so I'm really excited to be here. I feel like I have the best job in the city, and really excited for the future of what we can do for the facilities and the programs for the community. So glad to be here.
Well thank you so much for being here Matt.
Thank you.
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We're excited
to work with you, thank
you. I have a quick, just a quick comment. I assume you've been on the job a couple weeks?
This is my second week.
This is your second week. Sarzotti looks beautiful. They came in with new mulch. It just looks fabulous so thank you very much for that. You know they worked three or four days and it's just a beautiful park and the mulch and the clearing up of it was lovely so thank you very much for that. Welcome to town Matt.
Good. Please Chair Smitty, it's past time but we will make an excuse for you.
Just a quickie hi everybody we're celebrating a couple things this month over the Arts Commission first of all I want to acknowledge and recognize Leslie Rule she has been our liaison for the last three months and she has had I complimented her to her face this week that she has shown her face more than anyone else has been since I've been chair and I want to just thank her for the meetings that you've had with us. She's the one council person who has sat down and gone over the actual in detail, the five-year plan with me so you all continue to have an open invitation to do that.
And the other thing I just want to thank you in advance for tonight, to do our plan we need commissioners and I saw on the consent items that we may just get one tonight. And I just want to thank you for moving on that all of you council. And that's it. The only watch for education seminars this month and we'll also be starting a mentor program where we're going to have 10 different artists from the valley paired with young people teenagers From the Valley for a job shadow program. That's part of this as well
Thank
you, thank you chair Smitty
I Appreciate your recognition of councilwoman Leslie rule I think that's very important because it's that we I'm a big fan of attending in person when possible and But I also want to say that there were no meetings when I was the liaison, so you can't fault me
for
that.
All right, well I have good coffee at my house too.
Thank you very much Chair Smitty. Yes Council Member? I just wanted to say that the upcoming as I understand the upcoming educational offering is the elevator speech is that correct? Yes and I wanted to say I think that's excellent even though I don't consider myself an artist in that way I would like an elevator speech so I think I'm going to come.
I think everyone
should have an elevator speech.
Elevator speech pretty much is when do you stop talking?
All of us should be attending yes, thank you very much
That is the less is more. Thank You chair Smitty Okay, we will go ahead and move on to public communication So let's begin with Leonard Cleif then Andy Gilman and then Starchild
Leonard Claife, I live in the city of Ojai. I had two things I wanted to talk about. I'm going to add a third. 17 moving violations which include speeding turns and et cetera are grossly insufficient considering the problem we have with vehicles that speed through Ojai and I hope that number like triples or quadruples and if you do that for year you probably won't have to do it again so please.
In a related matter, when I was here two weeks ago, I called your attention and asked for your assistance with respect to Caltrans leaving holes at our intersections. Mayor Sticks told me that there was something on the council website. I went to it and it was a PR piece from Caltrans which said that they were working on the curbs February 8th and 9th And which is kind of silly, that may have been the last time they worked on them. It may have been the last time they intend to work on them.
So I sent off another note saying nobody's been here. We have holes in the ground at intersections, at major intersections. In addition if you're standing in front of the Ojai Pharmacy getting ready to cross Ojai Avenue to the post office. The ramp that they just built is to the left of the intersection, so if a car comes up stops before it gets to the crosswalk and somebody comes down the ramp in a wheelchair they will crash into the front fender of the car You would think that Caltrans knows how to build a curb ramp, but they don't.
So again, they're not paying any attention to me. I don't know if they'll pay any attention to you, but I think there's a better chance that they'll pay attention to you than they will to me. So I would ask the council again to please attempt to do something to get the holes in the ground filled before somebody really gets badly hurt. That's second thing. Third thing, we have 43 seconds.
Councilmember Rule is starting a petition drive to get the pickleball courts reopened that will result in a cost to the city of several thousands of dollars to administer an election and perhaps several thousand dollars more if there is a lawsuit, if the initiative passes It is not the first time council member rule has taken steps that have resulted in grossly excessive costs to the city.
And you're supposed to be representing the city, not costing the city money. Thank you.
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Right, saying that I started that initiative. You have no right to say that you have no evidence if that's true and once again- You
were out collecting
signatures. Just a reminder that this does not mean that I started the initiative. Thank you. Thank you for correcting yourself and your information, I appreciate it Mr. Claife. Okay thank you Lenny, thank you
all right we're gonna end now excuse me could we please have silence please? And just a Lenny I will be circling back to you about the traffic next week we'll have a meeting okay thank you all right next we have Andy Gilman then Starchild and then David Chapman
Andy Gilman, live in Ojai. Greetings Council and staff before I start to say what I'm going to say we did a really wonderful interview with Ben Harvey that I'm going to be sending him the link to tonight and I hope it comes out this week but it was I felt much more confident, not that I wasn't confident but so excited to hear him speak and I think it's great for Ojai. So good job on the hire, want to say that?
I have been concerned for a long time and have deliberated for a long time there should be no surprise that I've announced that I'm going to run for mayor in 2024. And I'm not gonna focus on policy here it's all on my website Andy Gilman for Ojiai but I will say if I had to say it in one or two words it would be compromise and goodwill That would be my main focus here. And what I hope to do today is to set a stage and a tone to say we have tolerated campaigns that reflect our national spirit, which I want to say in Ojai, we are small enough and mighty enough to not have to do that. So what I'd like to propose is the following buck from the national trend on campaigns with the following things.
Number one, whoever runs for office I suggest that we agree on a campaign spending limit and that anything raised in support of our campaigns we diverted to Ojai's non-profits. Number two anybody who has lived here for awhile knows we had this very strange phenomena of lawn signs up and down Ojai Avenue let's just avoid that whole thing and all agree not to have lawn signs and use the money for Ojai's nonprofits. I would love us to agree on that Number three, and this is the most important one.
When our supporters go on to social media and want to trash the other candidate for some particular personality or anecdote or historical reference or something like that we candidates go onto that platform and say thank you supporter This campaign won't run this way. We're going to focus on the issues, we're going to speak with each other, we're going to say what we intend to do coming up in the campaign. I hope that we can set a new tone for how campaigns go and then lastly number four, I hope that whoever does run and whoever is finally elected reaches out to those other candidates for advice Because I think that's an issue that I'm hoping that I can help address, which is we're not speaking to each other well and not trusting each other.
Well, there's a lack of goodwill in this room generally speaking. So I hope that we can achieve what's been missing, which is a trust within this group and a trust from outside for the group. Thank you.
Thank you, Andy. Next, we have Starchild then David Chapman and then Jill Dolan
Good evening. I want to talk a little bit about the reach ordinance and some of the litigation you're gonna talk about It was too mumbly, okay good evening. I want to talk a little bit about the reach ordinance tonight and Some of the litigation you're going to talk about in closed session I wanted to start out by saying that I very much am in favor of the environment.
I personally try and use as little gas as possible. I have an induction stovetop that I put on top of my gas stove at my rental, and I never use the gas stove. I have an electric oven that I bake bread in, and it works just fine. But I do want to say that I think some people for whatever reason, want gas stoves or gas dryers or gas whatever. And I think that the City Council can achieve the goal of having less carbon emissions and still allow those people their choice too.
One thing we might consider is incentivizing electric appliances Maybe giving some money to reduce the cost so that our neighbors can afford electric appliances. Right now, the reach ordinance only reaches those people who are building new houses, the handful of people who are building new ADUs. The over 90% of people who aren't building a new house aren't reached by the reach ordinance but they could be reached by subsidy on electric appliances Also, it might avoid some very costly litigation.
Perhaps Council thinks that they'll win this lawsuit? I don't think that's a certainty but I think that there is a certainty that Council could reach an agreement on perhaps an extra fee to hook up gas that could be used to pay for somebody else to put in electric dryer and then you still have the same amount of emissions So I want to try and support an idea of compromise tonight. And I think there is a compromise that can reach the goal of less emissions, and also allow the property owner in this case to have their preference and for the city to have less emissions as well. Thank you.
Thank You Starchild next we have David Chapman then Jill Dolan
0:26 – 0:329 turns
Hello, David Chapman. I live on South Blanche just around the corner. First of all, I'd like to express my thanks to Mayor Sticks, the council and the city administrators for all your efforts in cleaning up the homeless encampment and providing the wilderness tents for the homeless population. Our group of concerned neighbours that are surrounding the encampment have organised and formed the Better Solutions for Ohai Group.
Our mission is to ensure that the City of Ohai designates a permanent housing site able to serve the needs of the growing homeless population. We look forward to having the green areas and creek restored to their original condition prior to the inception of the Encanto. Despite these efforts, however, the neighbourhoods surrounding the City Hall campus continue to experience negative disruptions.
At a recent neighbourhood meeting, we learned that one of the camp's occupants was hitting golf balls across the creek into the residents' yards living on Crestview Drive, endangering pets and children enjoying their outside areas. The resident brought a bag of 21 golf balls that she had collected during the last month or so. I'm not quite sure of the actual time frame, but there was a collection of 21 golf balls she bought to show us.
We would like the City Council to acknowledge that the current site is completely inappropriate for the permanent location of this project. We also would also like the city council members to acknowledge the profound impact the encampment has had on surrounding neighborhoods We urge the council and mayor to continue to work and support city administrators to find an alternative site for the encampment. One that would accommodate the population needing housing, one that would minimize disruption to family neighborhoods, and one that would better serve the needs of the growing homeless population. Thank you.
Thank You David. Next we have Jill Dolan
You haven't seen me for a while. Well, I'm back. I'm back and So I not even gonna make you guess what? I'm here to talk about The Arts Center's upcoming production of deer who has their tickets. I want to know raise the hands Did you guys know that it's our 85th anniversary? You knew that right and you knew that I mean people out there in TV land The Art Center is owned by the community It's not owned by the city we are We're proudly independent and we're celebrating our 85th anniversary, and we want everybody to come to all of our events. Every branch is planning something but I'm here for the theater branch and we're doing this show called Dear.
And though it may look really cutesy, that's definitely for an adult audience. Okay? It's very funny but it's edgy. But you guys are all grown-ups here and I think that if I don't see you over there, I'm going to be really disappointed and I'll be back! I'll be back and I'll tell you again. So it opens this Friday night. It's got an amazing cast of two people. It's dark, it's dark, it's kind of grisly but it's very funny and I encourage you to come. And then after that we'll be doing Spamalot, who could not like that right? A little classic action, The Crucible is coming up and then a Christmas show so please join us in our 85th anniversary every branch has got something going on that's exciting. We're gonna do history things I don't know.
I really think seeing you there makes our community stronger, and I appreciate it when I do see you at our events. So thank you very much. Look, I've got a minute spare. I'll hand out some postcards. Anybody? Postcard? Postcard? Thank you.
Thank you, Jill. Much appreciated. Will, any comments online?
Yes, we do have two comments online currently.
John, I see that you have for items two and three for closed session so we'll wait and take comments before that.
So the first hand on line is for Peter Laramendi. Peter you can unmute yourself.
Can you hear me? Yes. Hi, Peter Laramindi and I'm a registered voter on Mercer Avenue. I just wanted to talk about the curbs as well that Leonard was talking about particularly on North Montgomery at the corner there of Chevron. That sidewalk entrance has been closed for almost three months and then in various stages of disarray as well The sidewalk or the light entrance there at the Chaparral Auditorium has also been in a stage of disarray for over two months.
It's kind of ridiculous at this point, and I've emailed Assemblyman Bennett and have gotten no response. So I would hope the City can put some sort of pressure on Caltrans, especially now that you know, I know Ojai is continually a tourist town but it's going to ramp up here pretty soon. And so having safe sidewalks for people to walk on is ideal. So thank you.
Thank you, Peter.
0:32 – 0:4229 turns
Next we have Renee. Renee, you can unmute your mic.
Good evening members of the council. Can you hear me?
Yes.
OK. Just three quick comments. One, I noticed that Bill Miley sent in an email to the Council about benches and places for elderly and all of us actually to be able to sit down and congregate in our community. I think it's a great, great idea I was fortunate enough to spend some time in Puerto Vallarta, Mexico last year. And they had a Parks Commission that worked together with an Arts Commission project and they created the most beautiful mosaic benches I've ever seen in my life.
And they made these mosaic benches available around their park in various areas. And they allowed the work for the mosaics to be done and paid for by local artists. It was a beautiful, beautiful project. Actually down there it was actually funded by somebody who paid to have it done But I could see that being done through an Arts Commission project and the City Council and the Park and Rec. So anyway, that's one comment. I would love to see more sitting areas downtown. The other one, I agree wholeheartedly about the REACH code And making the Reach Code more user-friendly and something that you invite people to participate in.
The comments that were just mentioned I totally, heartily agree with his comments that we need to be encouraging energy conservation and everybody can be stepping forward and doing something today. And those are the kinds of steps our city should be taking action on rather than punishing people like Mr. Chasse who's coming up in your hearing. I think that's just atrocious and I'm violently opposed to that I think we need to do more. Let's talk about it, let's figure out good ways to do it.
I also read the comment about the 90-day ADU limit that was submitted. The very thoughtful comment about ADU limits and please avoid further lawsuits against the city by imposing that kind of Restriction it's really onerous. It's not well founded and it's not well thought out and I hope you reconsider that Looking forward to seeing options. Thank you Thank You Renee
One remaining comment,
okay, let's take one more
I want to make a quick comment to Renee's comment, which I'm allowed to do. And I just want to assure Renee and anyone else who's listening about the benches that we've brought this up many times and at the parking committee, I reminded the people that participated that this was not just about car parking. It was also people parking, bike parking, you know, and the more we have people parking, the less car parking we're going to need. Because people can, if they want to carry their groceries home and they know they can't walk two miles without sitting down. If they know there's a bench in a beautiful spot, they're more apt to walk. So we should take that request very seriously that Bill Miley who I don't think he's here tonight. I know that if he was able to be here, he would be speaking about the benches at the podium.
Did I go over a minute? Sorry.
We do have one more comment in the house. Vanna Doresian, is that how you pronounce it? Vanna? Say it one more time. Dakeshian. Okay thank you.
I'm a little too short for this mic. Good evening, Mayor Sticks and City Council members. My name is Vanna DeCassian and I'm freshman at Villanova Preparatory School. The issue I'd like to present to you today is the overpopulation of non-native plants in Ojai. Looking at the mountains from a distance, you can easily overlook the amount of non native plants there really are and how many of them are harming our environment.
Native plants provide several animals with resources such as homes and food, etc. while a non-native plant takes up space and doesn't really provide as many resources. Allowing more native plants to have their turf back is important but who's going to do this job? 19.4% of Ojai's population are people under the age of 18 Being a part of that population, I know most high schoolers have a service hour requirement at their school in order to
move on to the next grade. And advertising the removal of non-native plants and the planting of native plants as a way to earn service hours could really bring you a large amount of that high school community. However it's not just the high school students that are unaware of this volunteering opportunity. In order to get the rest of the community's attention and support, we have to be able to advertise in town with banners, posters, signs and other forms of advertisement.
And we also noticed how on city property there are numerous non-native plants and the Youth Council would like to humbly ask the City Council to consider removing those non-native plants for the benefit of our environment. Thank you all so much for your time and consideration. Have a wonderful evening.
Thank you, Vonna. And next Youth Council we will definitely make a plan to get that going. Thank
you. Can I make a? Yes, sure. To the mayor? I just wanted to let you know that I read in the paper today, I think, that PAX Environmental and also CRU which is, the age is up to 23 but it starts at, in high school are going to be restoring San Antonio Creek at Soule Park from Boardman, so I think that it'd be a great opportunity. Their idea is to pull out all of the invasives and to promote the local fauna, flora, I'm sorry. So that might be something to hook into because they're gonna start work and they're gonna have a real plan.
And I was very glad to see that and thank you for bringing it up. It's really, really important.
Thank you.
Yes,
Council
Member Francina.
First of all, you're like an incredible speaker when I was your age there's just no way I would have had the nerve to speak so wonderfully. Thank
you.
But I do want to say that be careful saying that non-native plants they're the animals love non-native plants also And when the, unfortunately when the eucalyptus trees were cut at the meadows were cut down many, many little animals lost their life. I know this firsthand from a wildlife rehabilitator because many times people don't realize that little you know what's what's you know newborns they're burying under the ground so i hope that any removal is done thoughtfully and especially during nesting season you have to be really really careful Of course,
yes.
And the whole issue of non-native plants if you want to really dig deep is controversial also because remember we're all non-natives with very few exceptions. We're all non-natives. Okay.
Thank you, Vonna. And Council Member Francina, the Youth Council is working with the Land Conservancy so we're getting some great advice.
Yeah but the Land Conservancy's not always correct
because they have to- This is not on the agenda so we're not gonna discuss it. Thank you so much, Vonna. Thank you. Lovely to see you. Will, any other comments online?
We have one last comment online from Larry Steingold. Larry, you can unmute your mic.
Thank you very much. Good evening, Larry Steingle resident and voter. Um I may have missed this with the chief but regarding electric bicycles on the in the arcade and Libbey Park and in areas where they should not be. I'd like to know what the city and the police are doing about that? Are they installing cameras or are they doing anything about Uh, electric bikes and being where they aren't going to be.
Um, two regarding park benches. We have the money. It's just in the Maricopa. And walking with groceries two miles we're gonna need a lot of park benches. But we have the money. You just need to have the will to do it And so I think that the big thing is actually doing something, getting back to the electric vehicles. What is going to be happening or is there nothing going on?
I'll look for an answer from somebody. Thank you.
Thank you, Larry. That's it will.
That's all
OK. Wonderful. All right. We will move on to the consent calendar. Is there a motion to approve
0:42 – 0:5041 turns
I'll make
a motion to approve.
I do want to ask a question about item... Do
you want to pull
something?
B. Okay, we'll pull B so we have a motion to approve everything except B is second for that?
I'll second.
All in favor? All right, okay. Councilmember Francina?
Item B? Yeah on page 3 we spent $268,201 for It says February 24 invoice for January 2024 patrol services. So that's one month of patrol services, and that means can you explain? I mean, not just for me, but for the public what patrol services? What exactly? You know, just briefly,
I just want to make sure that you didn't want to respond first. I can I can answer.
Yeah, if I could respond first so as a contract agency we contract for law enforcement support so Well does say patrol services for one one month that the amount is correct One month is correct. But it's actually far more broad than just patrol services It's all the services that the County of Ventura Sheriff's Department has to provide So that's not only just staffing, that's the assets of the vehicles on the streets. That's all the investigative services.
So if there were a residential burglary or God forbid a homicide It's all the support services that you're contracting for, that frankly a city of our size and our scale could
not do in-house.
So it's more than just patrol.
It's
far more
broad. And that's valley wide?
That's for our city. So that's our portion
Okay
Yeah,
I do understand the unincorporated is funded by the county
correct the county supports the unincorporated and actually Some extent would subsidize for custody and other demands.
We might have yeah. Yeah. Okay that explains Explains it thank you. Yeah
Okay, so then we can have a motion to approve? Yes. Second for that? Motion to approve. All in favor? Aye. Aye. Aye. All right consent calendar is approved and congratulations to Karina Wright our new Commissioner on the Arts Commission. Welcome. And Karina, we are so grateful to have your expertise and your background and your willingness to serve and your wonderful demeanor. So thank you very much.
Great. All right. We will move on to our items two and three closed session. We do have one public comment on that item. John Drucker.
Might need a little more than three minutes. But good evening everyone, John Drucker for Attorney for Scott Chessay. Two weeks ago I alerted you to the fact that the Ninth Circuit Court of Appeals whose rulings apply to the Western United States including the city of Ojai had at the very beginning of the year struck down a Berkeley all electric ordinance identical in effect to Ojai's.
I thus asked you to relieve Mr. Chassez of the need to build an all-electric home. You refused, and instead offered him an option to install a gas stove with everything else having to be electric. That was unacceptable. Mr. Summers informed me after your closed session that that result came about because he advised you that this Ninth Circuit decision does not apply to Ojai since Ojai was not a party to the Berkeley lawsuit.
As I told him and I will tell you, Mr. Summers' approach is not only wrong it is offensive to the rule of law to which every government body should be committed. Article 11 section 7 of California Constitution provides that municipalities may enact and enforce ordinances quote not in conflict with general law under this provision any ordinance such as this one that conflicts with or enters into an area fully occupied by federal general law is preempted and void.
It would be like some city council in the deep south after the Supreme Court's decision in Brown versus Board of Education saying, oh we don't have to desegregate our schools because that decision only applied to the City of Topeka Kansas Now we would all be outraged at such a stance, and yet that is exactly the strategy that Mr. Summers has had you following here. I would also point out Mr. Summers' approach to the law also unduly serves his financial self-interest.
That is because it compels someone in the city of Ojai to bring a lawsuit against the city just to make it comply with what we all know as the established law. Summers and his law firm can then line their pockets by representing the city in that losing lawsuit. So, if you have a commitment to honesty, integrity and transparency in how you treat the law, you will relieve Mr. Chassé of the obligation to build an all-electric home.
He is willing to install electric space heating but should not be compelled to do so. You should also immediately stop enforcement of the gas ban as you move to repeal it, as Berkeley has already done. Inherence to the rule of law is the highest value of government. Now, I don't want to bring a class action lawsuit against the city to resolve this matter. I really don't as it would easily cost the city quarter of a million dollars or more but that is the path that Mr. Summers is taking you down.
Please turn away. Thank
you John. Any other comments online? We
have one comment online from Renee.
Am I allowed to ask a clarifying question of our City Attorney or do I have to wait It depends
on the, you can ask it depending on the subject I would answer in closed session as opposed to open session.
My understanding was that we did not take the City Council majority didn't take your advice
We're not going to discuss my closed session advice to the Council. All that has been discussed is my response back which came to Mr. Drucker, which conveyed the offer as was noted, which his client then rejected and we'll discuss further in closed session. And Mr. Drucker's characterization of my advice is his characterization of my advice. We never describe my advice in public because the Council hasn't waived privilege. The Council could waive privilege but it hasn't done so.
OK. Can I waive?
No, no. Majority of council can waive privilege.
OK.
Can Susan ask
through the
mayor, please?
It's a majority of councils that can waive the privilege.
OK, did I read in your letter that we have the option of having this closed session open
Yes, every closed session is an exception to the Brown Act's default rule that public business is done in open. And so when the Council approves the agenda as was done tonight and as could be revisited, the Council is approving the closed session. Every closed session is a choice for the Council to make to hold the closed session or not. So if the Council wanted to have this discussion in open session it could.
Okay at what point would I make that motion?
Right now after we finish public comment.
0:50 – 0:5711 turns
Okay, so we have one additional public comment from Rene. Rene please unmute your mic.
Thank you. Well I would actually really like to recommend that you do consider having the discussion not be in a closed meeting. I don't know...I haven't read the of standing of what Mr. Chasse's filings are against the city at this point, but I have been following this issue very closely for every City Council meeting I can and I do believe sincerely and honestly that Mr. Chasse is being used in a negative way to try to force his property to be an all-electric property, which is a farce. It's really a farce and I'm sorry to have to say that but there are so many other ways that we all know we can go green, go electric, reduce our gas, blah, blah, blah, blah. The city is taking action now finally to have a climate action plan. Bravo! Thank you, I'm glad you're doing those things.
So let's focus on the positive things and the positive ways that we can bring about mitigation changes in our community without holding one person up as the bad guy. Mr. Chasse has been ridiculed and put through a public discourse that is awful. It is Unbelievable what he has been through. And I do not wish that on any citizen in our town to be ridiculed and made statements about in ways that are really not appropriate because he wants to build some housing on his property, and it just doesn't happen to be very convenient to put solar panels on it, to make it affordable. I walked over there. I saw the property. I hope you all have been over there, looked at the property.
Steve Colomay insists that he is in violation of this, that, this, that and this, that and the other. And that's not true. It's just not true. And thus, the Planning Commission allowed him an exemption The Planning Commission heard and worked with him and allowed him an exemption. So please do the right thing, hold this in a public way so we can bring it to rest and have the people and the citizens of Ojai know you have their best will at heart in trying to resolve these issues. Thank you very much.
Thank you Renee. Is that it Will?
That's
it. Council Member Francina, do you have a motion?
Yes I want to make my motion is based on what I read in our privileged letters from our city attorney and based on those letters there is I feel there's an important that we make this closed session an open session. This is of great interest to the public as has been illustrated tonight and that way there can be perhaps a more when our city attorney makes corrections on what was stated, the public can hear it because I felt that That there was some mischaracterization that occurred at the podium from Mr. Chassie's attorney.
Yeah, I'm making a motion that this be an open session and it's is there a second
for that motion?
No second.
Okay,
well I was hoping someone else would second it but I guess I'll have to second it. To me there is nothing that puts the city at risk and which would necessitate going into closed session we do this is a public issue And I think that to have it spoken about publicly makes all the sense in the world. This is a reach code that the public is required to follow as it stands right now, and as I understand it, it is in violation of the Ninth Circuit Court of Appeal But what I also understand is we will have to be sued to follow the law.
That to me is astounding and I would like the public to know that. I would like the public to weigh in on that. We, I don't understand, I would like the city attorney to tell me what in why in closed session? What are we putting at risk by going into closed session? What do we have to keep secret? that we might otherwise put the city at risk for. To me, the choices, the findings... It's all obvious. It's all clear. It has been discussed.
It was discussed in Mr. Chassie's first appeal here. It has been discussed ad nauseum. I don't understand why this council feels like it has to be done in secret Say what you think and let the people know what you think. I don't, it's embarrassing to me that we sit here and we want to go have a closed session and not tell anybody what we think. i'm happy to tell people what I think. It's a disgrace that we are waiting to be sued in order to follow the law.
Okay council members any comments? I'm really uncomfortable with doing this openly and that's because we're talking about one of our community members.
0:57 – 1:1233 turns
And I just know that if I were in his position, he's not even here. If we're doing this in an open way, but he's not even here. It's just, I don't feel comfortable with this and also I'd like to hear City Attorney your recommendation?
Yeah, a couple comments. One if the council wants to do this in open session that's fine We will accept them Willow majority that would have to of course be agendized on the agenda at a meeting Which means it would kick to next time which would also provide an opportunity for mr Chassé to be present if he wished or his counsel to be prepared for an open session discussion and For other members of our community who have expressed I'm going to go ahead and open it up for questions.
Several of which can result in a lawsuit, including several threatened lawsuits. Other situations where folks who are on the other side may sue us if we take the opposite outcome. We're discussing options that are likely or may result in litigation with a significant risk of litigation. It doesn't make sense to do the handicapping of those. Are we going to win or lose? Or maybe win, maybe lose, or chances thereof. That handicapping makes no sense When we're discussing all of the options in that closed session discussion before the council majority has made a decision, because we will then be defending whatever that decision is. If the decision is made as one or the other or the other, the opponents of whatever decision the council majority makes will have all of the information to use to challenge that decision.
Why would you play poker with your cards face up? That's my recommendation to use a gambling analogy. If you're going potentially into litigation, you don't want to reveal to your opponent That is, whoever may have sued the city to challenge whatever decision the council majority makes don't give them a roadmap to challenge that decision. That's the point of closed session in the litigation context is to allow the council to have a free and fair discussion of the issues and understand all of the risks and all of the opportunities of the options before them on the particular matter so with that this than anything else my recommendation is to hold the closed session discussion when you're considering sets of litigation against the city.
That said it's a policy choice for the council. No, you could always have the closed session tonight and then decide to kick the matter to an open session next time. That's true. That is an option.
Okay I'm gonna withdraw my motion because I didn't understand The consequences that it would kick it two weeks from now because mr. Chassie has Delayed his projects long enough and I liked knowing that we could have an open session on this That we can agendize this in the future, even if
we have a
closed session. And eventually everything in the closed session will be revealed.
Not necessarily everything. What gets revealed is the reportable actions are taken.
Can the reportable actions include how much this has cost us in time and money?
If the Council Majority agrees,
yes. When do I make that motion at the closed session?
In the closed session once we know what action we're reporting.
Okay, thank you.
Okay so motion is withdrawn and thank you Mr. City Attorney for that comment and I would agree with your comments thank you and Councilmember Lange and I think that as council members we owe it to our city to take care of it and so I think you explained very well why it's important for us to have a closed session so thank you for that So with that, we are ready to adjourn to closed session.
I
do have a question for the City Attorney. We're still waiting for reports Is it not true that you need to eventually report out from a closed session whether or not a vote was taken? Or whether or not, I mean explain to me what a reportable action is. Explain to me what a decision is Explain to me the difference when you have a vote versus you don't have a vote and explain to me whether or not regardless of all of that, you actually need to have a report out. I mean can we go in there and say...
because we've had lots of closed sessions and I can maybe think of one report out we've had And I know that the statute says a timely report out, and so that of course gives a lot of leeway as to what timely means. But what is our obligation when we go in there and we have our discussion? What is our obligation to the audience and to the public about what was discussed, how it was discussed? So that's my question and I know it's up to the council to decide, I suppose how much we reveal. Is that true? I mean is there a baseline of what we must reveal?
Yes. The statutory requirement is to report out what are called reportable actions taken. That's a summary of a statutory phrase with law book shelves worth of cases behind it but the summary is an action taken that concludes a settlement agreement Concludes, not the offer. The offer doesn't form a contract. Offer acceptance consideration creates a contract. So if we make an offer out and they haven't yet accepted it making the offer is not a reportable action.
Direction to file a lawsuit is reportable but only once the lawsuits been filed. We have initiated litigation since but you were not on council that was reported out direction given to initiate litigation but then there's no law obligation to then come back in public and report again Oh, we filed the lawsuit because filing the lawsuit is itself public. Direction is given to appeal. That is a reportable action again.
The direction is reported out after you file the notice of appeal. I'd like to start by saying thank you That is reportable. Most of the time, though we don't have a reportable action there because we simply make an offer. We're never the final signatory as is inherent what I'm saying most of the time there's not a reportable action because the council doesn't take action they provide direction which isn't action now if the action if that's the reality but hold on I'm not finished
please
so if the action taken is one of these things and there's a lot further list If it's a concrete action taken by the council, that action gets reported but not at the time. It doesn't need to be reported that night if the action isn't self-required to be reported that night. For my example of direction to file an appeal of an adverse ruling in the trial court doesn't have to get reported until you file the notice of appeal because you don't have to tell your opponent that you're going to appeal the decision when they still have time to do something about that.
Similarly, direction to file a lawsuit is reported out that night as direction was given to initiate litigation. The details of which will be available when the lawsuit is filed. So in many situations simply direction can be given for an action that then is taken later in open session And the agenda item being put in the open session agenda reflects the closed session direction to do this or that, bring back an ordinance that does this and bring back an ordinance that does that. To solve a lawsuit which will be dismissed if the city does this or does that, it doesn't create reportable action. If there is a hard vote taken, that's reportable. Only if the action that the vote did is reportable. If the vote taken doesn't generate a reportable action, but the vote is merely split on direction, that's not reportable."
I know that one is a point of disagreement. Some Brown Act purists would argue, oh, vote must be reported period. I disagree with that. My advice to the Council is always you report actions taken and if there is a split vote, you report out the split vote as well on that action taken. If it's merely consensus that staff proposes something and staff will do it within their authority, then that doesn't need to be reported because it's not an action taken.
So on all of the above though this is the baseline minimums. The council can always report above that. And I'm not finished. The council has directed that previously to report above the minimums as we've done on a number of occasions in the current council and before. What I report out is what the Council has done. I report the baseline unless the Council directs me to report more, and obviously I'm happy to report more as the majority may direct. The majority could also waive privilege on all the discussions, as was done previously about six or seven years ago on another matter. So there's options if the Council wants to increase transparency. What I've described are the statutory minimums.
Okay through the Mayor very quickly that was my question really was if a vote is taken because I know that that has been has been a gray area if a vote is taken. And you're saying that if a vote is taken and it's not a reportable action, then the vote doesn't need to be reported? Because there's no reportable action. Okay. Thank you. That was really the heart of my question.
Through the mayor, if I can just maybe help clarify just a bit. Everything Matt said is entirely correct Typically closed session we're going looking for direction and we're usually looking for direction on kind of the broader deal points if it's labor negotiations, if it's property transactions, if its litigation. And usually we're getting direction but there are still finite details that need to be worked out with staff If it's a property transaction, we're looking at maybe what's the range? What are some of the things you might be looking for if it's labor negotiations. What are you comfortable with? What policies? So there's not something that's finite put to rest to vote on.
It's giving staff direction on here you go finish out the deal of whatever it might be and then you see that in the future on an open session item for council to vote on We got the broader strokes of what the council wants in closed session. Staff and the city attorneys worked out the details, here it is finalized to vote on an open session.
If I could just pick up on that example, labor negotiations are a perfect example. The council can provide direction in closed session that we'd like to see a raise at 2%, 4%, 6% or 8%. Pick a percent. That is broad direction not reportable action That direction isn't action because the approval of the budget necessary and the salary schedule adjustments is all open session action that can only be taken at open session. So, the council in closed session gives directions say let's do 4% this year. That then comes back on an open session agenda with their salary schedule resolutions et cetera that affect that.
It's not action taken because it was direction on a policy level in closed session that doesn't mean anything until it's voted on in open session. Thank you.
Okay, Council Member Francina.
But on the other hand if there's a split vote with the direction I heard you say that you're not obligated to say it was a split vote but council can ask...
The majority can ask that I report that out not the minority. Now the majority might be willing to let the minority report it out
Okay, I mean the public already knows that from the very beginning Councilmember Ruhl and I were opposed to everything that's now occurring. The consequences. Folks are watching this started an
open
session. We voted to allow the exemption for Mr. Chassie and that's why I am so asking these questions and especially the consequences of this like at the cost the time We have so much on our plate, I find it so annoying. Well
then can I suggest we move on to closed session at this point? Okay all right we are adjourned thank you Mr. City Attorney, anything to report now?
Yes, thank you Madam Mayor. The city council considered two items interrelated threats of litigation and anticipated litigation related to a Reach Codes appeal by Mr. Scott Chassez. The council provided direction to the city manager to reach a resolution with Mr. Chassez and direction to take up a broader ordinance discussion regarding improving the Reach Codes Ordinance and that will be coming forward at a future meeting. Thank you
Thank you very much. We will move on to council member reports, anyone have anything to report?
Yep. Yes so I just wanted to report that I attended a policy committee meeting for the Tax and Revenue Policy Committee and learned some new ways that the state is proposing to meet up with the budget deficit and there's going to be a Meet the Legislators event later in April in a couple of weeks And we're going to be doing some lobbying on behalf of the California League of Cities. So I'll report back anything exciting that happens from that event.
Wonderful, thank you.
Anyone else?
Microphone please. I just want to report that my granddaughters and I visit the Remain Society a lot, and right now there are the most incredible family-type dogs. They must have come from a good home. They're just so sweet and friendly. So anyone out there that's thinking of adopting a dog—there's one named Chip. He's my favorite. He brings the ball and drops it so that you can reach through the gate opening for the ball. And then we throw it over the fence, and then he comes back.
And you can just tell by his hold, he's full of love and good energy. He hasn't been there so long that he's gotten traumatized. So now is a good time to go and adopt Chip or any other beautiful dog. They have so many that are incredibly wonderful. Great,
1:12 – 1:1514 turns
thank you
for
that. Go Chips! Anyone else?
Council Member Rule. Yeah so on Saturday I went to the Green Coalition's gathering for the Vernal Equinox and it was a wonderful meet-and-greet and potluck and I'd say there were about 20 people there wide range of Ojai represented and it was a wonderful event Quite lovely. So once again, they're still working towards engaging the community in next steps and what's going on and everyone was very appreciative and a lot of really delicious food
Thank you for attending. I couldn't go, thank you.
And I would like to once again thank Chief Newman for Pizza with the Police at Air Pizza last week. It was a really great event. Lots of police officers showed up, lots of kids and it was really, really wonderful so thank you Chief Newman and the police department. Okay anybody else? Any, we'll, ready to adjourn? Okay well thank you all for, oh! City Manager's report.
Keep it brief, but I did want to share some very very good news with the council So this morning and this is the hard work of Ben Lindy and Matt. I just get to simply share the news But this morning the Ventura County Board of Supervisors Approved a 10-year land use agreement with the city of Ojai for use of Soule Park or pickleball courts So it's been approved by the board of supervisors
I listened to the beginning of the meeting. I'm gonna go look it up. That's
fantastic Agenda and approved and then thank you to Supervisor Matt LaVere's office for moving that I don't think I've ever seen something move so quickly with a
county agency
Thank You supervisor Lavere
City
staff is hard at work on the annual budget for this coming fiscal year And we'll be having a series of meetings with the council specifically on budget starting with the capital improvement program. I'm very excited to Lindy's put together one of the best CIP documents I've seen So we'll be starting there and probably do it over the course of two days
Great well with ending with that wonderful news is a great way to end so thank you very much, and we are adjourned