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Guest Editorial: Sean P. Keenan

subway chain in ojaiThanks to Kenley for submitting this initiative and exposing himself to a potential lawsuit from the City. Barring any attempt by the Council to thwart Democracy once again and sue Kenley like they did Jeff Furchtenicht, Monte Widders and the city have 15 days to return the initiative to us with a Ballot Title and Summary so we can begin gathering signatures. Another SLAPP suit by the City seems unlikely now because the ACLU has come out against their previous SLAPP suit in court. Then again, they did file a cross appeal against the ACLU. Who knows what moves them to do what they do? At least they appear to be making the right noises against Subway now. At any rate, this is how things progress from here.

By far our best option is that the City Council simply adopts this ordinance wholesale. Our first move to get this to happen is to get a large number of citizens who are concerned that Subway has been allowed to come into Ojai to show up at the City Council meeting tonight at 8:00 p.m. We need to go in large numbers to the meeting tonight and let them know that they should attempt to pass a moratorium on any further chain/formula incursions until they are able to adopt this new ordinance in full without editing or weakening it. This ordinance is very strong and it be adopted as is. The City Council was repeatedly pressed to do something about this issue, instead the Council basically threw up it’s collective hands and claimed that such an ordinance was impossible to draft, but that they would look into it. It is this history of recalcitrance that makes me fear that the Council won't just adopt this ordinance, and that they will force us to gather signatures and go to election. I sincerely hope I am wrong.

This morning I spoke with the city clerk, CarIon Strobel, of whom I am a big fan, and she gave me the full rundown on the timeline for this initiative:

1) If the council does not adopt the ordinance tonight, we'll get the initiative back by the 23rd of April unless Monte releases it early. Again, this presumes he won't try to pocket veto it or even sue Kenley for submitting it.

2) Once we get the initiative back, we have to publish a notice of intent to circulate a petition in the OVN or other citywide publication.

3) Once it is published, we file the notice of intent with Carlon within 10 days. Obviously we'll attempt to file it the same day it appears.

4) Then we begin gathering signatures. We'll need to check with the Ventura County Registrar of elections on the exact number of registered voters in Ojai at the time we file the notice, then we'll need at least ten (10%) percent of the registered voters within the city limits to sign the petition to move forward. From the OVN's reportage of the number of registered voters in Ojai, ten (10%) percent would be about 480 VALID signatures. Ten (10%) percent gets us four options from the city:

a) The council has another chance to adopt the ordinance.
b) They can set it for the next election. Not until November of this year.
c) They can opt for a special election, or
d) They can ask for a report on the impact of the initiative and eat up a bunch more time.

5) If we get fifteen (15%) percent of the registered voters or about 740 signatures, the council only has two options:

a) The council can chose to adopt the ordinance, or
b) They set the initiative for a special election.

6) In either the 10% or 15% cases, we have to have the signatures verified by the city clerk and county registrar of voters. Carlon says that she always seeks 100% verification of the signatures because Ojai is a small town and that she has 30 days from the day we turn in the signatures to accomplish this. At that point either the city adopts the ordinance or the clock starts for a special election.

7) If the council fails to adopt the ordinance, the special election must take place not less than 88 days and not more than 103 days from the verification of the signatures.

The timeline may look something like this:

Mon. April 10:

Kenley submits the initiative

Tues. April 11:

Best Case Scenario: The City Council redeems themselves and adopts or paves the way to immediately adopt the ordinance.
Second Best Case: The City Council enacts some kind of moratorium on formula retail and restaurant businesses in Ojai until this initiative can work through the system.

Mon. April 23:

Monte Widders returns the initiative with Ballot Title and Summary

Tues. April 24:

We submit the Notice of Intent to circulate petitions to the OVN, or some other citywide publication. The OVN’s deadline for something like this is 10 a.m. Tuesday morning.

Wed. April 25:

The Notice of Intent is published in the OVN and we then start collecting signatures. Obviously we want to go for the 15%, and it seems to me that it will not be difficult to get the +/- 740 signatures. However, they must ALL be registered to vote and residents within the city limits of Ojai to be valid. I’d be surprised if it takes a week to accomplish this, but it might.

Tues. April 30:

We submit the signatures to the City Clerk for verification.

Wed. May 30:

If we did our jobs right, Carlon must submit the valid and verified petitions of 15% of Ojai’s electorate to the City Council by this date, and they either adopt the ordinance or set a special election.

Tues. June 5:

The City Council has a scheduled meeting and announces that they have adopted the ordinance or that it is going to special election.

Mon. Aug 27 – Mon. Sept 10:

A Special Election on this initiative must occur within this period.

If the city does not adopt this ordinance immediately, then they can wait until May 30 when the signatures are verified. At that point they have another opportunity to adopt the ordinance. If they neglect to do this, we have to go through the time and expense of a Special Election. All of this is a long time for the growing commercial vacancies in this town to remain vacant and not get leased to the innumerable chains that are encouraged by the existence of Jersey Mike’s and Subway. If it wasn’t obvious before with Jersey Mike’s, now that Subway is here we are definitely on the radar. Other formula retail and restaurant businesses will be coming at us very quickly. For the initiative to pass legal muster, it contains a grandfather clause for all existing formula retail and restaurant businesses; this means that any such business that gets in before this ordinance is passed is allowed to stay. The fact is it may already be too late

This is why it is very important for the City Council to simply adopt the ordinance now--tonight. It won't stop Subway, but it will stop the myriad others stampeding in our direction. At the very least they can try to adopt Rea Hansted’s moratorium until this initiative can work its way over the hurdles outlined above. It is time for this City Council to act.

Sincerely,

Sean P. Keenan
Ojai, CA

Comments (8)

My fingers are crossed, for tonight.

The OVN story just hit. Kenley, what do you say to adding an initiative in support of affordable housing? Good work!
http://ojaivalleynews.blogspot.com/2007/04/nuefeld-submits-chain-initiative.html

Joe Devito's Subway

Time to Recall Joe. Put him out to pasture.

Widders does not need 15 days to prepare ballot title and summary. More like ten minutes. He should be fired if he has not returned title and summary by yesterday. Did he?

Alternative Scenario (let’s hope not!):

Before April 10: Kenley provides draft initiative to city. City begins preparing counter-strategy.

April 10: Kenley submits initiative.

April 10: City holds emergency council meeting to begin campaign to torpedo initiative. Fake "moratorium" killed by single council member. Next meeting date set for May 1.

April 10: Per Devito’s instruction, City sends certified mail notices to out of town property owners warning them that a chains ordinance may be coming down the pike (put in form of a “notice of upcoming meeting”). In response, out of town property owners hurriedly begin contacting chain store operators with attractive lease provisions for their empty storefronts.

April 20-22: Widders advises Kenley that he should change initiative in order to "make it stronger." Council member Hanstad and others contact Kenley to urge him to go along. Kenley revises and resubmits: 15 day clock starts anew for Widders to provide title and summary.

May 1: City has alternative ordinance in initial draft form, providing discretion for city officials to restrict limited types of formula retail in a tightly circumscribed tiny downtown core. People scratch their heads at seemingly arbitrary lines that exclude specific lots even within the arcade. Behind the scenes, city has already vetted proposal with out of town property owners to ensure they are happy with the proposed unrestricted chains district all around the tiny restricted area.

May 2: City begins campaign to induce Kenley to withdraw initiative. Widders and city publicly say that Kenley’s is weak and legally questionable while theirs is strong. They announce plans to adopt theirs after Planning Commission review, as-yet unscheduled. Whisper campaign calling Kenley and initiative supporters “fringe element” begins.

May 2 through July 30: While Planning Commission review is underway and Kenley is either attempting to gather signatures (facing resistance from those propagandized by the city against the initiative) or sitting back to see how the city’s “process” goes, new lease notices from the nation’s worst chains begin popping up in vacant spaces all over town.

September 10: City considers ordinance as vetted and revised by Planning Commission, after several cancelled meetings and various delays. Council approves payment to Widders law firm of $200,000 for its work in dealing with proposed ordinance. After long debate, council votes 3-2 to kill ordinance, citing unfairness now that so many new chains have already executed leases while the ordinance was being considered. Horgan says “it would be bad for consumers to limit chains now – if we limit competition, we would just be protecting Subway and the chains that are already here. Let’s give ourselves a chance for the best chains to win.”

January, 2008: Conde Nast Traveler Runs Article: “What Happened to Ojai?” Recommends readers avoid the "cookie cutter" town. "No reason to leave home to go here," says article.

December 2008: Ojai Valley Inn and Spa sells to Embassy Suites. General Manager says: “Our clientele just isn’t interest in coming to Ojai anymore.”

December, 2009: Los Angeles Times runs article on Southern California towns where the slump just keeps getting worse. Ojai included in top 5. Local realtor quoted: “Property values have dropped over 50% from the peak, and we still can’t sell any homes. People just aren’t interested in suffering the extra commute and roads to live in a town that looks just like all the other suburbs that are right next to their jobs.”

I applaud the people who are so fired up with what is going on, and not so long ago, we were in your shoes. Please heed this advice as it will save you hours of anger and head -banging. SHowing up at planning commission and city council meetings with large numbers of impassioned citizens, does nothing unless the city is already predisposed to voting for your cause. Do the minimum of what is needed before these bodies, (establish the administrative record etc.) as soon it will turn to a humiliating and fruitless loss of evergy. We learned that the only ways to get through to them, is to find a legal loophole to hold them to, or sue them on, if they don't come down and do the right thing. The second thing is, is to change the law, via ordinance. I know this appears negative, but we have years of experience dealing with the city, through countlesss appeals and lawsuits over unseemly developments, and as long as Monte Widders double- dips and lies, he will control the cards, because most of the council and planning commissioners do not think for themselves. In the case of the franchise issue, the city may be on your side as it afftects local business, and the chamber of commerce pressures the city. Having said all of this, follow your passion, but don't burn yourself out. Most importantly, influence as many people as possible not to patronize these busineses. I see an awful lot of people at Jersy Mike's, and Starbucks. (Both places I would not be caught dead)! It is appaling to me that people eat at these establishments and think nothing of it. They are not all tourists eating there. We spearheaded an initiative (traffic initiative) that we thought would be a slam-dunk winner that made total sense for the quality of life for Ojai, and lost. We are staunch of supporters of you all, and just choose to be out of the public eye, as we have many many war stories with the city. Thank you, our support is with you.

Thanks for the advice Anonymous 6:57 p.m. Believe me, we already know the ways of this city government. That is why I went to the trouble to outline the exact course of action for the initiative above. The fact is, if we get 15% of the voters to sign the petition, the City's options are severely limited. They can adopt or schedule the special election. I believe that we would win such an election, but if we did not, it would mean that the majority of the people of Ojai were okay with chains. If that's true, then so be it; at least it will be Democratically decided.

It is very likely that the City will mount some campaign against the initiative using the subterfuge of their own "stronger" initiative. It will be nonsense of course, but I don't doubt they might try. In that case the Special Election will become a de-facto IQ test. Who can possibly believe them after all the things that have transpired. If Ojai goes down like this, that's just the way it is--again, at least there will be Democracy. The only real trouble is, there's just fewer and fewer good places to live.

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