City Council Special Meeting Minutes – February 13, 2024 Page 1 of 4
MINUTES
CITY OF CAMARILLO CITY COUNCIL
SPECIAL MEETING
TUESDAY, FEBRUARY 13, 2024
CALL TO ORDER
The Mayor called the meeting to order at 5:00 p.m.
ROLL CALL
Council Present: Tony Trembley, Mayor
Kevin Kildee, Vice Mayor
Martita Martinez-Bravo, Councilmember
Susan Santangelo, Councilmember
David Tennessen, Councilmember
Staff Present: Carmen Nichols, Assistant City Manager
Dave Klotzle, Public Works Director
Brian Hamblet, City Counsel
Kristy Buxkemper, City Clerk
5:00 P.M. - CALL TO ORDER – OPEN SESSION
ROLL CALL
APPROVAL OF AGENDA
The agenda was approved.
DISCUSSION ITEMS
A. Appeal Hearing – 651 Corte Castano
The City Council conducted a hearing to decide on the appeal submitted by Phillip Wayne Hall, Sr. and Connie S. Hall regarding the Department of Public Work’s denial of an encroachment permit for a wall and driveway that was built at 651 Corte Castano.
Mayor Trembley introduced Special Counsel Mark Manion from Price , Postel & Parma, LLP who provided a summary on the appeal hearing process and procedures.
MOTION to adopt the Appeal Hearing Procedures.
Vice Mayor Kildee moved, Councilmember Tennessen seconded.
Yes: Kildee, Tennessen, Martinez-Bravo, Santangelo, Trembley No: None
The Mayor asked Councilmembers to disclose any ex parte communications. The following disclosures were made:
Councilmember Martinez -Bravo disclosed that on February 12, 2024 at approximately 3:22pm she drove past the property and took three
City Council Special Meeting Minutes – February 13, 2024 Page 2 of 4 photographs.
Councilmember Santangelo had no disclosures.
Councilmember Tennessen disclosed that approximately 8-10 months ago he met with the appellant’s daughters and visited the property. Vice Mayor Kildee disclosed that he drove past the property. Mayor Trembley disclosed that he met with Ms. Kathy Long approximately two months ago.
Mr. Phillip Hall Jr. represented the appellant and handed out a supplemental br ief. He expressed concerns pertaining to due process rights and provided an overview of the supplemental handout. Special Council Mark Manion recommended the Council accept the supplemental documents.
Mayor Trembley noted for the record that briefs had already been submitted to the Council by both appellant and respondent and the document provided by Mr. Hall this evening would be considered a supplemental brief incorporated into this evening’s record.
Mr. Phillip Hall Jr. provided his professional backgro und, detailed the sequence of events for the development and construction of the wall at 651 Corte Castano, and presented relevant evidence and testimony on behalf of the appellant. He was provided fifteen minutes to present his case as identified in the r ules and procedures. Mr. Hall answered questions from the Council following the conclusion of the appellant’s testimony.
The Mayor called for a brief break at 6:07p.m. and the meeting was resumed at 6:11p.m.
Brian Hamblet introduced himself as Counsel on behalf of the City, as well as Public Works Director David Klotzle and Assistant City Manager Carmen Nichols, who would also be available to answer questions. On behalf of the respondent, Mr. Hamblet presented relevant evidence and testimony. He was provid ed fifteen minutes to present the City’s case as identified in the rules and procedures. Mr. Hamblet, and Mr. Klotzle answered questions from the Council following the conclusion of the respondent’s testimony.
Public testimony was provided by the following: Connie Hall, Michele Imrie, Michelle Spruiell, Stanley Gonzales, Tammy Hall, Diane Birg, and a non-verbal comment card was submitted by Craig Spruiell.
The Mayor announced that the City Council, per the adopted procedures, would allow for a five-minute rebuttal for each the appellant and respondent and then would take a break.
Mr. Phillip Hall Jr. provided a rebuttal on behalf of the appellant. Mr. Brian Hamblet provided a rebuttal on behalf of the respondent. Both were available to respond to subsequent questions from the City Council.
The Mayor announced a 12-minute break and the Council resumed at 7:30p.m. with Mayor Trembley indicating it was time to deliberate, discuss, and make a determination on the appeal.
Councilmembers provided individual feedback regarding the case. They unanimously supported denial of the appeal and encouraged the appellant to accept the City’s settlement offer previously offered to the Halls on February 7, 2024, which would require the following:
City Council Special Meeting Minutes – February 13, 2024 Page 3 of 4 Execution and recordation of a License Agreement allowing the 6 foot wall to remain in the City ROW subject to full indemnification and release of liability of the City by the Property Owner, and maintenance of property owner insurance in perpet uity to cover any loss arising from the wall being located in the ROW, as well as agreement that, should the City need to use its ROW for any reason and if it determined by the City (at its sole discretion), that the wall will interfere with that use, Prop erty Owner will remove the wall at its expense.
Obtain an approved encroachment permit for the full removal and replacement of the driveway curb cut (“driveway”) in conformance with all applicable City standards (including the purchasing of insurance approved by the City for construction). Executing a settlement and release of all claims and potential claims against the City based upon the encroachment, the public nuisance declaration, and the denial of the encroachment permit.
Mayor Trembley clarified with Special Counsel Manion what appropriate actions could be taken and it was agreed that the City Council could take action and make a motion on the appeal and provide further direction to staff.
Councilmember Tennessen made a motion, and Vice -Mayor Kildee seconded to deny the appeal and direct City Staff to continue to work with the appellant on settling the matter along the lines proposed in the Settlement and included a tolling agreement for any legal actions.
Mayor Trembley clarified that the motion included findings that there was not substantial evidence which would lead the City Council to overturn the City’s denial of the Encroachment Permit. Councilmember Tennessen and Vice Mayor Kildee approved the clarification as part of the motion.
Mr. Phillip Hall Jr. requested clarification to ensure the Tolling Agreement (tolling any deadline for any legal actions related to the permit denial or the declaration that the wall and driveway are a public nuisance until approximately July 8, 2024) was included as part of the motion. The Mayor assured him that was included and will be clear in the adopted motion.
MOTION to: Councilmember Tennessen moved; Vice Mayor Kildee seconded:
1. Denial of the appeal due to findings there was not substantial evidence; and
2. Direct City Staff to continue to work with the appellant on a settlement; and
3. Order that all legal deadlines related to either the denial of the appeal of the encroachment permit application or the declaration of public nuisance shall be tolled for 90-days (approximately April 8, 2024).
By voice vote, the City Council unanimously approved the motion.
Mr. Phillip Hall Jr. requested final clarification to ensure understanding of the motion to deny the appeal and a tolling of legal deadlines related to it.
ADJOURN
The meeting adjourned at 7:48 p.m.
City Council Special Meeting Minutes – February 13, 2024 Page 4 of 4
ATTEST:
Mayor
City Clerk