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

well since I'm still up and just ate a huge bowl of ice cream, here I go...

it may seem strange to those of you who weren't at the meeting tonight to see: planning commission rejects proposal, city staff back to the drawing board, Kenley to possibly withdraw his citizen's initiative! and you thought we were making progress, right?

This actually is huge progress toward a chain-free (or at lest regulated) Ojai because the commissioners have rejected the historical commercial district. If there is to be a zone, it won't be based on any arbitrary historical markings. The commissioners made it clear that they wanted to see protection from the Y to Gridley.

Commissioners also made it very clear that they're concerned about our existing formula businesses and how to exempt them from the regulations. City staff will conduct more research. The favored approach is to create a stronger regulatory approach.

It's also progress in the process of a meaningful public dialouge. Thank you to the planning commissioners for that forum and for your genuine interest in the citizen input.

Hopefully at the next meeting this item will be earlier in the agenda so people don't leave early again. Also, so the minors can stay. WE had a group of young people there ready to speak and they had to go home before the public comment period. They can't vote, so we really need to hear their voices in these meetings. I hope they'll come back in 2 weeks.

Sometimes I guess I can't stand to wait. Looks like it may have been worth it according to Leslie and Kenley. I look forward to a thorough report that supercedes mine. Perhaps so much seemed to be achieved in the meeting two weeks ago that this one was bound to frustrate me. If my previous post might be detrimental to the success of the effort I would be happy to delete it. Someone noted that agenda alterations like those of last evening are common practice.

Kenley, what does the Planning Commission like and dislike about the Citizens Initiative? Would they gladly accept it in whole or are there holes in the C.I. as they see it?

Thanks for your reply and your hard work(Leslie too).

Dana - It isn't so much that they don't like the Citizen Initiative but that they didn't like the proposal made by the City Staff. I am certain most of them of reviewed the Citizen Initiative, but they probably did not scrutinize it because it was not on the table for them to discuss. That being said, the biggest issue with the Citizen Initiative, from the perspective of Planning Commission, is probably that it is not easily changed. For example, any time a change would be needed, it would need to return to the voters. Basically, there is little flexibility. There is more to say, but that is enough for now.

Thank you Leslie, Kenley, Steve, Pete and everyone else who showed up. As the years go by, there's always a new wave of caring citizens(along with a few old-timers) willing to go to endless meetings, stay up late and do whatever it takes to maintain our unique, small-town character, which should all be common sense. I can totally relate to Leslie eating a big bowl of ice-cream afterwards. I hope it came from a small, hormone-free family farm.

Thanks Kenley. I understood that the matter before them(P.C.) was what the City put forth. I just never really heard/read what they liked or disliked of the C.I.. I thought it (for me) be instructive to hear their input on the initiative. Understanding, at least, it's the rigidity of the C.I. that is not desirable to them and to some others. For me, I like that element. It makes changing any of the provisions, a deliberate/open process, one that has not occurred for decades. You certainly can argue, thanks to your efforts, that is what seems to be happening now, to some degree anyway.

Now that the charade of the HCD appears to be discarded, I'm relieved in part. In part only, for as I understand it, the Planning Commission wants protection from the 'Y' to Gridley. What about Maricopa Hwy.?

I also sent the following message to the City Council members:

Dear Council Member,

The Planning Commission meeting last night finally adjourned at 12:35am! After three meetings of thoughtful discussion, including three hours last night, we are starting to make some progress with the issue of chain stores in Ojai. By now you may have heard that the Planning Commission rejected the proposals made by City Staff and that I have offered to withdraw the Citizen Initiative. I made my offer in an effort to keep the conversation going in the Planning Commission. It seems that the proposals were rejected because commissioners wanted more flexibility in the ordinance, wanted more time to talk about the options, and they simply did not see the merit of creating the Historical Commercial Downtown.

I look forward to the continued discussion at the next Planning Commission meeting and hope that the City Staff can draft something to the liking of the Planning Commission, those that signed the petition, and for the dozens of people who have spoken at the meetings over the past six weeks. My offer to withdraw the Citizen Initiative was continent on continued discussion at Planning Commission, with the goal of having a draft to the City Council by October. If it takes that long, we can be certain this issue has been fully explored and vetted.

Welcome to the revolution! The planning commission meetings of August 1st and 15th, and the council meeting of August 14th were truly historic turning points in Ojai's history. Thanks to all who showed up and all those who were there in spirit. I think credit should also be given to the OjaiPost for providing a medium of communication. I haven't visited the OjaiPost for three or four days, and in catching up I realize how important this medium is. I spent two whole days preparing for last night's meeting. It was awesome. There are not adequate words to describe it. It is just now hitting me what transpired, and it's going to take me some time to digest it. I will never forget the young woman with her baby, I think her name was Marcia, who was there for the August 14th council meeting and the August 15th planning meeting. She and her baby spoke volumes. She also spoke most eloquently. Kenley and Leslie, Kim and Jeff, Olivia and Steve and so many others who sacrificed so much proved that ordinary people, families and children can have an effect on politics. By the way, I felt just like you did, Steve, about the change in agenda. I was angry but in retrospect see it did turn out for the best. I'm sorry those teens did not get to speak; imagine, youth show up to get involved in politics and they have to take a back seat to someone wanting to build a 10,000 to 14,000 square foot house. It makes my blood boil. - Anyway, need to bottom line it. Any reasonable, rational council that was not intimidated with fear would immediately fire the attorneys. Imagine, we are being forced to pay the salaries of those who are incompetent and working against the public good. The council is the problem. We need to send tons of light and love to them so they wake up from their sleep or whatever state they're mired in. Unfortunately, the same attorneys who came up with this last fiasco are being asked to go back to the drawing boards and present yet another plan. Well, miracles do happen like last night. I swear to Godus that there is an Ojai Chumash Spirit Squaw who is rousing herself to preserve at least one town in this god almighty patriarchal corrupted to the core world. Womem of spirit and men of soul are our only hope to turn things around here in Ojai and in the world at large. - I am proud of Ojai. She has a great future. It's time to let go of our fears as we did last night, put fear mongering attorneys in their place, see what we want, and go for it with boldness and confidence. - I just talked to my ex wife. She had a dream where Carol Smith came to her house at Mallory Way. I interpret this kind of thing that there is a powerful spirit at work and it shows up sometimes in dreams of womem. Carol Smith was there last night but had to leave before the end; I presume because she had to work the next day. Joe DeVito was there for the whole meeting so I think even he got a good taste of the revolution which he will share with the council. It's spreading fast folks. We've got to be strong and keep speaking up. Don't let up now. This revolution is just starting. As Evan would say it is about peace; but there also is a hell raising aspect. If we're going to usher in heaven, we've got to kick the hell out of what stands in the way. I better get the hell out of me. Maybe it's time for me to get out of the way and let the revolution happen. Peace. Love, Dennis

You are not in the way Dennis. You are a trailblazer. Take breaks but never stop.

The Ojai Valley News has posted their article for Friday's paper online. Read Ojai Planners Reject Staff's Chain Law.

There is hope!

I wimped out at 11:15, a while after having my say. It's not often that I've had the pleasure of seeing a government body (or voting public for that matter) agree with my position on anything so I'm sorry I missed the conclusion. I will rephrase here a couple of things I said last night. I witnessed a group of concerned citizens who have volunteered to serve on the Planning Commission listening in earnest as attorneys and community members alike presented their opinions. This was democracy in action and it seems to be working in Ojai regardless of what is happening to it at other levels of government.

This David and Goliath battle is not unique to Ojai. It's already been lost in countless "villages" where the citizenry never realized what was happening until it was too late to grab their slingshots. Most are happy to have a large variety of formula retail eateries to choose from because their collective memory has long forgotten their quaint, homegrown local restaurants. (How many of you remember Angie's Spanish Foods on Maricopa Highway at Fairview Road, for example?) The city attorneys are doing what they are paid to do: avoid the, dare I say, inevitable legal challenge from a mega-corporation.

I'm certain that our intelligent, well-educated officials and citizens together can craft an ordinance as good as anyone's. That still may not be enough to ward off a challenge, which, even if unsuccessful, could drain the city coffers. I suggest they (we) continue to seek out other communities like Ojai across the country that have already drafted ordinances or are facing this challenge, start communicating with them, join forces, get media/internet attention, and let the corporations know that we will band together and visibly boycott their chain businesses if they try to defy the will of the people.

"How many of you remember Angie's Spanish Foods on Maricopa Highway at Fairview Road, for example?"

I remember! My sisters and I would walk from our house near the corner of Fairview and Rice, turn left and cross Maricopa, to Angie's house, to pick up the rice, beans, and enchiladas...

Lanny: "Inevitable" legal challenge?

Perhaps. After all, anyone can file a lawsuit in this country, for anything.

But last night, I heard that ten California cities already have formula retail restrictions in place. Numerous other cities around the country have restrictions on formula retail.

I heard that in California, only one of those ordinances has been challenged legally. The challengers lost in the trial court. The challengers appealed. They lost in the appeals court.

I heard that in the cases where similar kinds of zoning or business regulations are in place, they are generally upheld against the challenges that come their way.

I heard that our Supreme Court has held in strong terms in the last few months that California cities may regulate competition in service of a legitimate public purpose, be it neighborhood preservation, attracting tourism, or what have you.

I heard the city attorneys advise that there are no cases on point which cast doubt on a city's power to regulate formula retail.

The bottom line I heard from the legal discussion last night: Nothing in the law requires a city like Ojai to permit formula retail chains to locate anywhere in our city limits. The restrictions simply must be reasonable and further the purpose of protecting our unique small town, tourist-attracting character.

So sure, perhaps some "mega-corporation" nevertheless will sue in order to get into Ojai (as opposed to just moving into Miramonte). But it is by no means inevitable, and really, its not even likely. There are plenty of riper targets, especially if the city does a good job as it seems intent on doing.

So let's put the lawsuit boogeyman aside. After all, he didn't come out when Ojai recently went out front with its "social host" ordinance (despite the many issues with that). What good reason is there for him to be trotting out now? I don't see it.

That is the way I see as well CFO. I never thought a lawsuit was likely nor do I think those on the City council ever really believed it likely. It is/was a boogeyman play, for what I believe is their attempt to simply protect the ability of chains to come in, hence, all the delay along with poor writing on the part of the staff. The City is waisting lots of money and everybody's time on this issue.

I make no claims of expertise is this legal territory so I apologize for the alarmist rhetoric. I hope I'm way off base but I still think the city is wise to consider the possibility of litigation, given the financial resources of the corporations in question, even if it means spending more time and money now to prevent it.

Lanny you are in good(used loosely here) company. I make no such claims either, nor do many here I believe. I go with my above comment because before we got to this point in the chain/formula debate, before Jersey Mike's and Subway, we did not already have chains beating down the doors of local real estate outfits to find locations, and then set up shop. If the interest was not great before, I don't think those who come in later are going to put up a fight. I could be wrong.

As I said before, on other threads, our earlier city leaders didn't need this legal move that is going on, for they discouraged formula/chain, and protected local businesses. We don't have that leadership anymore. I'm convinced that most on the council would prefer to have chains in Ojai. Understanding why they do is beyond me. But as we go through this process, it's painfully clear, their heart is not in this fight for Ojai's appeal to our number one source of income, the tourists. Other practices by the last two councils, such as not stepping in to protect an Ojai icon in the way of The O-Hi Frosty, making lame excuses for not doing their duty, that completely contradicted what the City of Ventura did for her Citizens in the matter of the Top-Hat. Allowing over sized developments that over power the homes nearby, is illustrative of the problem that many in Ojai have with the way the "Character" of Ojai is not being protected.

The Only Reason that the City Council is doing anything now is because of the Citizens Initiative, no other, sad.

For clarification, I'm not entirely against chain stores, I use them all the time. If money is tight, I'll make the flight. I just don't want them in Ojai and surrounding areas that are currently free of them. It's tough enough for locals to survive in Ojai without the unfair competition that will drive them out, leaving us with less of an Ojai to pass on to others.
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I also remember Angie's, my dad would take us there. I also remember the Topa Topa Cafe-the best breakfast in town. More recently, until she was forced to close, Shanda's had the best breakfast in the entire Valley in Oak View.

I don't know if the chains have been beating down the door to get in, but they are knocking. Subway tried a couple of other spots before Mr. Solomon's building, including the Jersey Mike's location and Polito's development. I spoke with a member of the Fitzgerald family and to Ron Polito -- they both said no to Subway. Mr. Polito also sad that he said no to a few other chains. The emergency ordinance was a amazing move by our city council.

I wouldn't call it amazing. They were forced to pass it kicking and screaming. If left to their own devices, I doubt there would be any protection right now. The citizens initiative and the threat of recall are what forced the city council to finally do the right thing over a year too late.

Your right Leslie, the emergency ordinance is in their favour and I should have given the council credit for that, particularly when they renewed it, if I have my facts straight on the renewal.

Also, I was aware of some of those contacts by Subway, maybe due to the O.P., but when I said they (Chains), were not beating down the doors, it was more of a reference for the last several years, not just the last couple or so that have passed. I believe they saw that Ojai was open for business, where it simply was not many years ago. I believe they saw an attitudinal change if you will. Because of this, I see the chain store measure as an imperative in keeping with what we took for granted for so long, that unwanted business would stay clear of Ojai Valley.

I just wish the council would simply get it done. Drop all this garbage like the HCD. I know it is not exactly as simple as I may put it to them, but we already have a citizens initiative ready to go. Why aren't they ready to go, it's been how many years since this issue became a hot one. Peace treaties have been written and signed by people who hate each other, in less time than this ordinance.

I don't want to tic anyone off, including the council, yet I'm frustrated like others are, as to why it takes them so long to bridge the gap between the initiative and their concepts of what should be done. Even the Planning Commission isn't thrilled by their lackluster attempt to come up with a proposal that makes sense.

Dana, part of the problem is that the commissioners are relying on legal staff to draft the ordinance, and their lawyer appears dead set opposed to having comprehensive and meaningful chain store protection. He seems perfectly happy to let this drag out, redraft and redraft, never quite getting it right... this is not a new problem in this town. The lawyer should be working for the city, not kicking and screaming and charging them by the hour to tell them they cannot or should not do what they can and want to do.

Unfortunately, it will not change unless and until a commissioner or two stands up and tells Widders with all due respect, he's had enough chances and is not the right lawyer for this job, and makes a motion to hire someone else who is. (Or perhaps until Mr. Kersnar decides he cannot afford to step up once again behind a deficient ordinance, and gets someone else to get the job done.)

Hey, a question: Is it certain that the council at the next meeting is not going to ignore Planning's rejection, and take the staff recommendation to adopt the ordinance and HCD?

Everyone is assuming its dead. But it will be on the next council agenda, right? Still with staff recommendation to adopt. Right?

What if three councilmembers voted to ignore Planning's recommendation and take the staff recommendation?

What if three councilmembers voted to ignore Planning's recommendation and take the staff recommendation?

What if the entire Council votes to accept their Planning Commission's advice?

Just as likely, if not more so.

Phalarope,

That's only just as likely if the city council were actually interested in enacting an ordinance, something they have been unwilling to do for two years. We'll see. If they do enact this flawed ordinance, the Citizens Intitative will just have to go to a special election and overide the new law.