ojai news at The Ojai Post :: blog, newspaper, events in Ojai, California

the document also appears HERE, where you can read it and look at the maps without downloading anything (although you can do that too via the link at the very top of the text).

great review of the document, Kenley. one of the benefits of formatting these docs for posting on Ojai News is that i'm kind of forced to read them as i go. your document and the City's both have strengths and weaknesses...the combined version has the best and worst from both. but overall it is good and getting better, and i hope we can appreciate that it's an issue and a document in motion, driven by Citizen input. this, friends, is Democracy. See you on Wednesday the 1st.

Not really sure why we're exempting the Maricopa Hwy section of Ojai from any formula retail and restaurant regulation. Seems kind of arbitrary. I think it weakens the (still too small) HCD overlay district by allowing a property owner within the HCD to gain legal traction by claiming that they are being discriminated against because they cannot rent to a chain while someone only 2 miles away can rent to whomever they want. Why not just cover the whole of Ojai-all 3.5 miles. Does someone know something we don't about potential development on that side of town? If the worry is that the new regulation would stop the already existing formula businesses at the Y from being able to remodel, it seems fairly easy to exempt Vons, Ben Franklin, et. al. from the new regulation for remodeling or even expansion.

For my thoughts on this and other threads recently posted here, see #1.3 on my new web site: http://laojaivalleyepost.blogstream.com. I'm getting too scattered posting on all these threads; complaints are that my posts are too long; I want to link Ojai and the world; I need a forum to talk about LOVE to dovetail with The Love Government and the Red Brown and Blue Party; and to disseminate the acronym of LOVE via La Ojai Valley Epost; and a number of other ojectives using Ojai as a home base. Love, Dennis.

I've revised my theory of the Green Zone to the Red Yellow Green stoplight theory. I will oppose any sell out to the city cabal's crazyquilt tactics. For the extended expose, see http://laojaivalleyepost.blogstream.com.

Don't fall for the city's latest Trojan Horse trick. I was up on Shelf with three feathers in my hat: hawk for messenger, raven for wisdom and flicker for power. The spirit of the feathers say "white man speak with forked tongue." The city cabal has not changed its spots. It seeks to disempower the people and to consolidate its own power. It rejects the Citizen Initiative precisely because it is a citizen initiative. Thomas Jefferson could write it and the city would reject it if he were a citizen. Now is the time to stand up for our rights and our Citizen Initiative. The City Initiative is phony as a three dollar bill. The city marginalized the Citizen Initiative because it claimed it was regulatory, forgetting that an initiative is a regulation. The second draft tries to overwhelm us with verbiage and regulatory language. This is bait and switch: first no regulation and now a landslide of regulation. - The city offered the bait of a small Red Zone to stop all chains; now it switches to a red, yellow and green zone: no chains in the red zone (stop), some regulated chains in the yellow zone (caution, slow down) and a go, go, go free for all chain alley out on Maricopa Highway (except for rules already in place which didn't stop Jersey Mikes and Subway), between the Ojai Valley Inn and the Meadows Preserve, the FIRST thing visitors (and us) see coming into Ojai. This is not just insanity; it is a carefully crafted plan to help financial interests. - The new red yellow and green zone plan positively invites litigation. Don't be fooled by the city claim that it fears litigation; this is just a smoke screen. If it feared litigation, it would never have sued Jeff, and would have backed out when the ACLU came in. The city's ordinance is prejudicial to one business owner when her competitor right across the street can have a chain and she can't. The city (and lawyers) get paid regardless; in fact the lawyers make more by lawsuits. This is a set up. If there is an injunction and lawsuit and the whole ordinance gets thrown out, the city will achieve its secret goal of getting chains into Ojai while pretending the opposite. - Look at the big picture, the masterplan: Politoville, the mini mall at Ojai Avenue and Gridley, the Maricopa Chain Alley, the bridge over Creek San Antonio, Bryant Street and the biggest plum of all, the east end orange groves when SOAR comes up for county review. - Just say No. We're holding the ace in the hole, the Citizen Initiative. Just turn in the 10% at the last moment. We don't need a 15% special election. The Citizen Initiative trumps whatever the city does. The city knows it and that explains its strange, fearful behavior. The reasonable course of action would be for the city to take the Citizen Initiative and work on it with Kenley and others. The Citizen Initiative is not perfect but it is a solid working document; much better than the city's first draft, and the second, and probably the third and fourth, etc... The city forgoes reason because it's into a power trip. Apparently it never heard of government of the people, by the people and for the people. The city is scared to death of people exerting their power and acually taking the Initiative and making their Initiative law (God forbid, it might set a precedent). Here's our chance to stand up for principle and not betray those who signed our initiative. - Here's the difference: the Citizen Initiative is for the whole city and the City Initiative wants to cut up Ojai into districts so that by dividing and conquering, it can deliver the goods for special interests. - The new planning commissioner, Koehler, nailed it at the last planning commission meeting although he had to speak in code. He said not to play Alamo (he's from Texas) and try to defend one small area but to build a matrix of regulations that will discourage unwanted development while allowing the kind of development you want which may include small chains. - The first draft was a bait which most people were smart enough not to bite into; they called the city on the hidden switch which was that the draft actually gave the green light to development all around the red zone, and eventually would make the Historic Commercial District a dead zone. Now the city offers another bait, the switch being the green zone out on Maricopa Highway which will destroy the beauty of the Meadows Preserve and make the entryway to Ojai a gauntlet of chains. And don't forget that Krotona may some day sell to developers, and despite its good intentions now, so may the Ojai Valley Inn if things turn really bad. - Don't buy the argument that regulations will make the city look capricious and arbitrary. This is nonsense. The city's job is to regulate, and many citizens think the city behavior is already capricious and arbitrary. (Remember Frostie, Mallory, Los Arboles, Jeff's initiatives, the ACLU lawsuit, and now this backhanded rejection of the Citizen Initiative; it that isn't capricious, I don't know what is). - Don't buy the city argument that the Citizen Initiative can only be changed by another citzen initiative. It's just another scare tactic on the part of the city. First, if the city cooperates, the ordinance can be done right in the first place. And if it has to be changed by the citizenry later, so what? Isn't that the point of a government of the people, of a democracy? Let's get our priorities straight. The people hire the city servants. Most of the people of Ojai want to keep malignant chains out of ALL of Ojai. - Some chains are benign and some are malignant. That's why you have regulations that can make the distinction. Face it: some chains suck money out of Ojai to fill the pockets of the stockholder class who live God knows where and they demoralize small owner operated business. If and when the crash comes, we are going to need resourceful local people because the chain masters don't give a **** about Ojai, and they will bail out when the money dries up. - Stand up and speak for the Citizen Initiative at the planning commission meeting on August 1st at 7:30 PM in city hall. The City Initiative needs to scrapped; it was fraudulent from the beginning. It will be a bitter pill for the city to swallow but it's a medicine to cure their money addiction. - Let's build on a solid foundation. Support the Citizen Initiative drafted by Kenley Neufeld and demand that the city do the same. Ojai deserves nothing less. Love, Dennis

There are several issues with the proposed ordinances by city staff. I think we need to focus on three 'big picture' items when addressing the Planning Commissioners either in person or on the telephone.

1. As proposed, any formula business who does not require a building permit could effectively open without oversight. A far more effective method would be a 'special' permit process that must come to the Planning Commission for review, where the public can have the opportunity to comment on any proposed formula business.
2. The ordinance should be city wide, including Maricopa Highway.
3. The Historical Commercial Downtown is a larger topic that should not be tied to this issue of formula businesses. In particular, it is defining "appropriate uses" for downtown Ojai (see Attachment B, Section 2 of the proposed ordinance). In the definition of appropriate uses, it seems to not include business types such as Rains, Rainbow Grocery, or The Hub.

Bottom Line: The proposed regulations will not provide effective protections from formula businesses for Ojai.

Here is some nitty-gritty for those of you interested in more than just the brief talking points above.

In Section 2 of Attachment B, it states, "Appropriate uses within the overlay would include unique specialty retail (e.g., handicraft shops, art galleries, antique stores), personal services, professional and business offices, financial institutions and unique restaurants."

Comment: This is a far larger topic than just the chain store issue, and should be addressed independently. We are concerned that the HCD Overlay District redefines out what currently exists in downtown Ojai. For example, Rains, Rainbow Bridge, and night life activities do not fit into this "appropriate use" definition.

In Section 4 of Attachment C it states, "Any building permit for a use permitted in the C-1 Zoning District or the VMU Zoning District, other than within the HCD Overlay District, that is also a Formula Retail establishment, shall be subject to the following restrictions."

Comment: This provision of "building permit" is completely inadequate and ineffective. As proposed, any formula business who does not require a building permit could effectively open without oversight. A far more effective method would be a 'special' permit that must come to the Planning Commission for review, where the public can have the opportunity to comment. Formula businesses should be asked to provide reports on how they will impact the community. The sentence beginning "other than..." should be stricken from the text. It is not necessary and could cause problems later. The concern here is if the HCD prohibition is struck down by a court, then there will be no protection for the downtown core as currently drafted.

In Section 4 of Attachment C states, "A Formula Retail establishment shall not have a street-level frontage of greater than 25 linear feet on any street or have its retail space occupy more than two stories or two store fronts."

Comment: The "two stories" provision is pointless because it is already virtually impossible to build more than two stories. Maybe this should be 'one story'?

Other Comments

• Why can lots "40,000 square feet" have one formula business? How about lots of 20,000 square feet?
  
• In the definitions of "standardized merchandise". What if a business gets stuff from more than one distributor, but it is still uniform in nature? How about, "50% or more of in-stock merchandise being substantially identical to or bearing uniform markings..."?
  
• In the exemptions section it states, "Establishments that primarily provide a service to the customer." What is a service? Isn't this a large loophole in the draft?
  

Other thoughts?

I have not read the latest City Draft in it's entirety yet. I'm not confident in what I've read so far. Right away, while I was reading, it hit me that there is too much written, without saying very much in the way of protection. Sorry, but I still think this process is a ruse. I hate being so negative, for I'm not so by nature, yet here, I don't feel or see an attempt to protect anything, except the ability for more unwanted franchises to sneak in.

Will any of those on the Council unequivocally state that they are for or against chain store or formula stores from coming into Ojai? I get the sense maybe one is for protection.

My thinking is that the Citizens Initiative should move on to the ballot. If it wins, I'll be grateful. If then, the City Council is not happy with it, as it is quite apparent they are not, let them draft their own, put to a vote of the people. We have nothing to lose, nor do those in the council who put forth an honest measure before the people.

If the City's measure wins, I'll accept it with out too much criticism, then I'll shut up and live with it. That is democracy.

Thanks for the posts here, Kenley. Bravo for reducing the city's obfuscation to understandability. I think I am in agreement with you, although I take a stronger position on pushing the Citizen Initiative and rejecting the City Initiative. I tried reading through the second city draft but I just got bored and turned off by the shifting verbosity. I agree with Dana that there is way too much verbiage which I feel is a ruse. - Here's the bottom line as far as I'm concerned: the Citizen Initiative should be our working document. It is basically sound because it covers the whole city and it is based on a regulatory approach. The city cabal must swallow its pride and fear of losing power to the citizens, and work with us in crafting an effective ordinance. It would save us all time and money. Now is the time to save Ojai and only the citizens can do that. The Citizen Initiative gives power to the citizens. We must stand up for it. In other words, we must stand up to the city and show them who is boss. We hire and pay them; not the other way around. Democracy is a government of the people, for the people and by the people. We are the people. If there are people out there who support the council, where are they? I very seldom hear them speak at council. Sure, the council got voted in but most people nowadays vote out of habit and fear of change. - The administration has shown time and time again that they do not favor stopping overdevelopment; their basic loyalty is to the financial interests which is OK if it does not end up destroying Ojai's economic infrastructure. This latest attempt to disempower the people by introducing an opposing initiative again blows their cover and exposes their true intentions. If the city administration was sincere in saving Ojai's small town character and in honoring the power of governing which is inherent in people, they would be more than happy to cooperate with Kenley and the Citizen Initiative as a working document. The city refuses to do this, will not even give Kenley the courtesy of public acknowledgement, and are still suing Jeff for his perfectly legal initiative. - The city is at the end of its rope. If it wants to hang itself, let it do so. We do not have to be enablers. The HCD is a ruse which causes nothing but problems. I agree that it should have nothing to do with a chain store initiative. If anything, it should be based on history, not some cooked up political agenda served up just four days before the last planning commission meeting. It is not right to twist Ojai's history to serve a special interest political subterfuge. The city needs to be called on its game. - The city also needs to be called on its phony "regulation number location ploy. This is foolish which the city implicitly acknowledges with its second draft which embraces what it rejected in the first draft. Also, call the city on its scare tactic argument that another citizen initiative is required to change a citizen initiated ordinance. This begs the question: the city ought to work with the Citizen Initiative in the first place to design it so that it does not have to be changed; and if it does, so what? The citizens can do it, and in fact, we don't want the city to be changing rules as it sees fit. - I agree with your talking points and bottom line assessment. They need to be made loud and clear at the planning commission Wednesday night. We the citizens must also show up in force Wednesday night with these talking points, or the council is just going to marginalize us again. My main talking point is: reject the City Initiative in its entirety and adopt the Citizen Initiative as a working document. The regulatory approach can and will work if the city cooperates. Planning commissioner Koehler said as much with his matrix idea. Despite their high salaries and abundant staff, the city has clearly failed, and digs itself in deeper with each new draft because the city willfully denies the basic issue. Now is the time for citizens to act or we are going to lose control of Ojai. This is the moment in Ojai's history when citizens have to take a stand. The majority of the citizens of Ojai obviously do not want malignant chains in Ojai. The General Plan is clear in its demand that we retain the small town character of Ojai. Against this background it is abundantly clear to me that the city cabal has a different hidden agenda. It's OK to be money counters but more is needed at this critical juncture, like leadership. We the people must support our leaders, like Leslie, Kim, Kenley, Jeff, Sean, Pat, Todd and all the others who I apologize for neglecting to name here. The names don't matter; it's the game that matters for our children and grandchildren down to the seventh generation and beyond. - Show up on Wednesday night at the planning commission and at the next two council meetings on August 14th and 28th. Study the talking points which are very simple when the "big picture" is seen as Kenley states. Speak truth to power. It's easy because we the people are the power. Love, Dennis

This entire matter is nonsense. If the City truly intends to limit (unconstitutioanlly) free enterprise in the City, then all the chain Realty Co. businesses (i.e. Century 21, Prudential..) need to be included and go. I find them much more irritating than a sandwhich shop. The bottom line is that none of this will withstand a lawsuit on trade resraint. This is what happends when clowns like Steve Olsen get back on the city council....pot smokin' sufer that he is.

Vern,
I thank you for the comments, but this process began before Steve Olsen came back onto the Council. As for the unconstitutionality to regulate trade and free enterprise, let me make the observation that this is probably done in every city in the United States. For example, porn shops and strip clubs are heavily regulated just about everywhere.

Keep the comments coming.

Free enterprise does not exclude governmental regulation. The Congress has many constitutional and implied powers to regulate the economy of the U.S.. Some of these powers are relegated to state and local governing bodies. Several ordinances or regulation concerning this particular issue have been upheld. Many were pointed out here on the Ojai Post by others. Their is law, their is president, their is case law, that support these efforts by, the Citizen's Initiative, and to some degree the City's attempt. Their is some doubt concerning components of the City's draft.

As for the comment of pot smoking, well, I think the City Council could stand to pass the bowl around during one of their meetings while drafting this measure, maybe they could get passed their will to snub the public. LOL. I voted for Steve, I can see we need to have a closed door meeting and smo--err talk about the measure.

As currently drafted, either of the following scenarios could become a reality:

1. Ann Taylor opens on E. Ojai Ave. overnight. The high-end retail outlet took over the space formerly occupied by Treasure Beach Cafe without any oversight. They didn't require a building permit.
2. The Ojai Valley Inn plans for a shopping center in the old Ford dealership location. All building is complete prior to any tenant contracts. The new center opens with Coach, J. Jill, Banana Republic, Coldwater Creek, and a Starbucks. No oversight. Building permit was issued to the Inn, not to a Formula Retail Establishment.

Just something to consider when reviewing the current proposal.

No building permit needed = no oversight = chains stores in Ojai.

The Initiative sounds better and better all the time.