MINUTES
OXNARD CITY COUNCIL
Special Meeting
December 30, 2024
A. ROLL CALL, POSTING OF AGENDA
At 5:04 p.m., Mayor Luis Mc Arthur called to order the special meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 West Third Street, Oxnard, California.
The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Luis Mc Arthur, Bert E. Perello, Michaela Perez., Gabriela Rodriguez, Aaron Starr and Gabriel Teran were present.
Mayor Pro Tem Teran led the pledge of allegiance followed by a moment of silence in honor of former President Jimmy Carter.
CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.
B. CITY COUNCIL BUSINESS
City Attorney Department
SUBJECT: Closed Session Participation
RECOMMENDATION: That the City Council consider whether Councilmember Starr can participate in a closed session discussion regarding the pending litigation in Moving Oxnard Forward, Inc. v. Ascension, United States Court of Appeals for the Ninth Circuit (No. 21-56295; D.C. No. 2:20-cv-04122-CBM-AFM), in which Councilmember Starr is the president and chief executive officer of the named plaintiff-appellant.
Councilman Starr provided comments and stated that Moving Oxnard Forward, Inc. is a non-profit organization and that his Attorney Chad D. Morgan is handling this case on a contingency case. Councilman Starr provided copies of an opinion letter from the FPPC and stated that at this time, he is waiving his right to participate in closed session.
Written comments were received from: Rene Aiu; Debbie Mitchell; Steven Nash; Erica Garcia; Ted Maloney; and Jose Guzman.
Public comments were received from Michael Gleason; Dan Pinedo; Douglas Partello; Barbara Macri-Ortiz; Manuel Herrera; Larry Barbarine; Debbie Mitchell and Chad D.
Morgan, Attorney representing Moving Oxnard Forward, Inc.
Discussion ensued among Councilmembers.
OXNARD CITY COUNCIL
December 30, 2024 PAGE 2
C. CLOSED SESSION
Public comments were received from Douglas Partello; Alicia Percell and Michael Gleason.
Chad D. Morgan, Attorney representing Moving Oxnard Forward, Inc. (work to put this behind us).
D. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Government Code section 54956.9(D)(1).
Name of Case: Moving Oxnard Forward, Inc. v. Ascension
United States Court of Appeals for the Ninth Circuit (No. 21-56295; D.C. No. 2:20-cv- 04122-CBM-AFM)
Government Code section
At 6:00 p.m., the City Council recessed into a closed. At 6:39 p.m. the City Council reconvened in an open session in the Council Chambers. The City Attorney stated that, by unanimous vote of the Councilmembers present in closed session and noting again from earlier that Councilman Starr did not participate in closed session, the City Council has given its legal counsel approval to seek en banc review in the case of Moving Oxnard Forward, Inc. v Ascension regarding the constitutionality of campaign contribution limits placed on the ballot by the City Council and adopted by the Oxnard voters.
ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Mc Arthur adjourned the meeting at 6:40 p.m.
Kandus A. Lip If we,
LOURDES A. LOPEZ
City Clerk Mayor