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The views expressed herein are the personal views of each individual author or commenter and are not intended to reflect the views of The Ojai Post or its Authors, Tribal Core or Tyler Suchman as managing editor.

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We Have an Ordinance (No. 798)

It all began in April 2006 with the impending opening of Jersey Mike's, when many Ojai residents awoke to realize that we didn't have an ordinance banning chain stores. Twenty months later, effective December 28, 2007, we have an ordinance on the Ojai Municipal Code regulating chain stores. The new ordinance bans fast food chains and chains over 10,000 square feet in the City of Ojai; all other chains will be regulated. All formula businesses (aka - chains) must come to the Planning Commission and ask for a conditional use permit. It further limits the size in the downtown core (Arcade) to 2,000 square feet and 25 feet of store front. The only dissenting vote was from Council member Sue Horgan. Thank you to the hundreds of people who signed the Citizen Initiative, to those who collected signatures, and to those who spoke up at meetings. Finally, I think we can thank Dan Burrell, owner of Jersey Mike's, for waking us up from our slumber. Let's continue to Keep Ojai Real and not cookie-cutter like the rest of America.

Comments (17)

Kenley for Council! Congrats on your perseverance, dedication and commitment. You have made Ojai a better place, and one I continue to be proud to call home.

November 20, 2007-- From the London, England press

Howard Shultz, chairman of Starbucks cofffee companynhas been awarded the prestigious
First Magazine Award for Responsible Capitalism 2007.
Presented by the national cabinet member the Chancellor of the Exchequecher(a combination of the US. secretary of commerce and treasury) by the Rt. Honarable Allstair
Darling M.P. of the Labor Party. ( the labor party is politically progressive with a policy legacy of concern for social welfare, economic fairness advocacy for community concern " for the "average citizen" not big business or multinational corporatios)
The annual award recognizes business leaders who put social responsibility at the heart of their commercial strategy.In making the award the judging panel considers a company's commitment to establishing a responsible approach business, it's relationship wit it's customers , suppliers and the local communities it operates in.
In making the award to Shultz, Lord Woolf, chairman of the judging panel said,
" Mr. Howard Shultz has demonstrated how it is possible to combine being an extemely
successful leader of a highly innovative company with social responsibility, concern for the enviornnent, the well being of the communities it operates around the globe; and the integrity of it's products and services.
The First Magazine Award for Responsible Capitalism was initated during the celebration of the Millenium 200 awards. The presentation of the award is presided over by by a distiguished panel of politicians, business leaders and leaders from the consumer activist community.

From the United States:

-based on carefully constructed scientificaly adminstered polls of workers--
Starbucks has been named in magazine articles amongst the " Top 100 Employers
in America to work for "

I am an Ojai relatively long term Ojai resident. I have no affiliation with Starbucks in anyway. I am an infrequent customer -- usually only if I am on the road, in need of a caffenine pick me up to continue driving and no other local coffee shops are available.

With that said, I believed it is neccessary to present a more complete picture of some businesses from a broader perspective than has been presented during dialogue during the period leading up to the recent passage of a formula retail ban and size limitations on business in Ojai.

for instances, using Starbucks as an example:
-- they offer a cafeteria style benifit package that inlcudes for employees working at least 20 yours a week ( basically part time ) medical benifits, tuition reimbursement, retirement benifits, disability benifits, paid vacation

Most employees in the Ojai retail sevice industies ( outside of Von's which is unionized )
receive benifits of this caliber. Wages also tend to be comparatively low with promotional opportunites few relative to what an employer such as Starbucks offers.

Not to make invidious comparisons, but most of the council members who voted for the ban, and probably Kenley Neufeld as an employee of Santa Barbara city college receive relatively generous medical benifits that are publically paid by taxpayers as a consequence of working in publically supported jobs or are retirees from such jobs.
These jobs usually have contracts which are negotiated by unions. That is a good thing. .Public employment and public education are amongst the last bastions of organized employees negotiating good benifts and relatively good salariesand pensions. Ironicall, Starbuck is not unionized , operates in the free market but still has a commitment to providing benifits to their employees. I know that most of us hpe for some form of universal health insurance , but ther are no guarantees that is forthcoming.We have had so many disappointments in the past.

Note: recent resesearch by Professor Elizabeth Warren has found that over 50% of bankrutcies in America are a consequence of overwhelming medical bills impacting those without medical insurance or with inadequate medical insurance

If we have closed our local market to some that businesses that offer medical insurance with a free market operation, and have essentially freed Ojai business in a significant way from competition ( in essence created a cartel ).
Then let us propose for Ojai what Santa Barbara has already enacted: a living wage bill,
also coupled with that should be some form of employer mandate to offer health insurance.
What can be explored is an insurance pool in which small business can pool together fund spreading out risk and increasing the buying power for health care. This is one area where economies of scale can benifit small business and it's employees not just chain operations. This is what embodies the nature of the " social contract " in which the primary motivation of the frmula retail ban was stated to " preserve our small town character. " Well, character starts with neighbors helping neighbors in some form of reciprocity to maintain dignity and preserve security in tangible manner through enactment of a living wage law and an employer health care mandate.

If the motivation of the ban was essentially economic protctionism, It can be legally challenged by the interstate commerce clause of the US constitution citing the criteria stated in the precedent ruling which applies a standard called " Pikes' incidental burdens test " as well as 14th amendment equal protection claims, trademark and other legal issues. The prospect of litigation challenging this recently enacted municipal law finding itself before courts full of Bush appointees, including the Robert's Supreme Court is not a prospect to be taken lightly, fees paid to whomevever is the Ojai municipal attorney aside.

Here are some other considerations regarding affordable housing since the city counsel
has stated " we are nt in the business of fundin or building affordable housing, especially now that the cottages on Aliso are in imminent danger of being developed into condos fuether reducing the number of affordable housing units.
How about considering the deveopment of couple organiztions both market based and non profit. One could be establishing an Ojai real estate investment trust which would be market based but would have guidelines how the money can be invested like socially responsible mutual funds. This way real estate investment in not the sole purview of banks and developers. People could by fractional amounts of varying sizes while still contributing to funds for affordable housing , earning reasonable(not exhorbinant) returns on their funds and maybee even get some tax advantages depending on how it is structured. In this way you can not only shop Ojai but invest Ojai.
A redevelopment non profit in addition to allready existing organizations can be considered. Also, how about working with estate planning attorney who have no immediate heirs , or wants to make a preliminarly tax exempt gift of real estate thathat could be administered by a redevelopment non profit.

Another consideration for maintaining the quality of the aging housing stock in Ojai,
other municipalities around the country have done thid - enact a municpal law where by each time a property goes through a transfer ( sale, estate,etc ) the city conducts an inspecton ( using guidelines , from FHA or VA motgage insurance approval which are rarely used in Ojai because they don't gaurantee mortgages in the amount the prices range most houses fetch here. The improvements can be paid by a combination of seller and buyer. Many of the improvements can be tied to offsets the the state provides for greater energy efficiency. Perhaps the city can provide some matching funds ( they will be charging inspection fees ) Local contractors and skilled trades workers as well as some laborers will be receiving funds to preserve the local housing stock. These funds can be spent inlocal businesses to support local businesses and local jobs.Any additional cost will be offset by greater energy efficiency which will within a matter of time pay for itself. This is a step to making Ojai a greener city both
enviornmentally as well as economically. This is a quite literal way to preserve Ojai. If our oak trees are worthy of municipal law for protection ( bless the trees! )
aren't our dwellings also worth of protection.

George Bailey

Thank you, Kenley, for helping to preserve what is left of Ojai's small town character! I echo "Kenley for Council" if your spare time and finances ever allow for the untold hours of service this position requires.

A little note to George Bailey, it seems like the points you are trying to make are buried somewhere in your article, alas, I got lost...

Summary:

1. Propose a living wage law similar to the law enacted in in Santa Barbara and other small
cities in California.
2. Propose an employer mandate for Ojai businesses to provide health insurance to employees. Explore the possibility of employers being able to create a shared risk pool to make health insurance more affordable by negotiating care for larger groups to reduce health insurance premiums. The economies of scale would provide more accessablility of benifits
3. Affordable housing - explore the possibility of creating an Ojai real estate investment trust-- so that small or larger amounts of money can be invested by Ojai residents and others -- paying reasonable rates of return-- to specifically invest in affordable housing projects in Ojai - bypassing banks and developers to fund and develop affordable housing. One can not only buy Ojai but also invest and build Ojai.
3. Explore the possibility of creating a non profit housing development organization to supplement already existing organizations. This organization can operate to access public housing monies, charitable donations and foundation funds. A progam to encourage current or former Ojai residents to include bequests to an affordable housing development organization. Live, give and remember Ojai. Naming rightscan be offered for memoriums.
4. Preservation of the Ojai housing stock should be encouraged with legislation. Ojai has an aging housing stock. Over half of housing units are 45 years old or older.
Other cities have laws in which at the transfer of ownership of a property (sale,estate,etc) the local building inspector utilizing the guidelines that the FHA- Federal Housing Administration standards for insuring mortgages - for the residence -meeting specific code specications for quality. These guidelines must be met before authorization permiting sale is permitted. The costs can be shared by seller and buyer. Some of the work which assures energy efficiency will have the cost rebated by the state and utilities. The may also have an incentive program from the fees collected as part of the inspection and certification process. Much of this work can be done by Ojai contractors and skilled tradespersons and laborers. These earing can be used to purchase local goods and services creating more profitable businesses, supporting more jobs and providing more local sales taxes available to provide municpal services.
Ojai can become greener both enviornmentally and financially while preserving the quality of it's housing stock in the process. Ojai has legislation preserving the oak trees
(bless the trees!). Certainly Ojai can preserve the quality of the dwellings and their energy efficiency for it's residents.

Suza - hopefully this provides some clarification of proposals for future policy and legislation that can benifit a broad range of Ojai residents

George Bailey

Wow! Thank you. I've just skimmed it but will read more closely later today. Are you sending this to the Ojai Valley News?

George,
Sounds like you have a lot to do! Get busy! I think you add a lot of value to the conversation about preserving Ojai's character and I hope you'll take action on some of it.

Kenley and all who worked so hard, you've done wonderfully! Thank you for your time, energy and hope.

Addendum:

Some oher considerations for supporting, improving and developing the viability of small business in Ojai:

1. Establish a non- profit organization eg. The Small Business Institute of Ojai
to which individuals, foundations,etc can contribute on a tax deductible basis to support education and training in areas such as small business mangement, entrepneurship, bookeeping etc.( especially at local community colleg that can enhance the skills of those starting and maintaining small businesses. The failure rate fr small business is high , particulary in the first few years of operation. Many individual know their product, craft, skill or service quite well but lack experience and skills in the operation of a small business. This would be an attempt to provide those skills of small business operation to enhance the viability and success of our fellow Ojai residents attempting
to open and maintain the unique small businesses that add some much to our community. One of the lures of franchises for those wanting to open small business is that they provide as part of theirstart up fee some of this type of trainingin such things as inventory control, dealing with vendors, projected budgets etc. If Ojai were in effect to take the tact of developing in effect the equivalent of a
" Ojai Small Business Incubator " we on a community basis meet many of those needs

2. Establish a " microlending " fund which in effect acts as a " bank for new ideas " or an elemental funding mechanism of small scale venture capital to develop inovative concepts and translate that into nascent small business start ups.
This concept worked quite well in India under the auspices of Mohamed Unhaus with the Grameen Bank in which mostly very poor women in small,poor rural villages were given small amount of funds to start simple busineses such as building a loom and weaving fabric, allowing funding one person to buy a cell phone and provide access for a small fee for other community member to have access to modern telecommunications. The microlending has extende to networks of community member - exchanging business ideas -- and keepeng each other accountable - through peer to peer ccoperation. This initial concept of a trust based , community peer to peer networks in small local settings provided a model to establish


small microlending to people who never had access to capital through the old tradidional means -- has a repayment rate of 98%. Higher than the the traditional lending institutions could ever dream of having. Now that the network of borrowers has expanded and they have collatarized ownership they extend the the network of new loans by establishing project groups which hold each other accountable and have pledge collateral to back them up.The Grameen Bank makes money for it's investors while openning up opportunity for those whose latent skills and initiative can now be unleashed to provide a beter life for themselves,their family; and their community.
Mohamed Unus- a developmenrt economist won last years Nobel Peace prizefor his work-- using his own money initialy to fund young women to become tea vendors - for his work in microlending and the Grammen Bank.

So here is a proposal, maybee even a gentle challenge:

For the 600 plus Ojai residents who signed ballot initiatives to ban chain stores:

Contribute $100 to these and other "idea" initiatives to strengthen and develop local and small business in Ojai. Add any ideas you have, have seen elsewhere or have heard about. Contribute what you can.

600 people donating $ 100 = $ 60,000 dollars This can provide a significant start. I pledge the first $ 100.

The ideas might just catch on and other residents and funding sources may contribute as well. We as a community can then operate to some degree outside of traditional government beaurocracy and vested financial interests to operate as a community with greater autonomy but also with greater cooperation to determine the vision of the kind of community we wish to have and work together toward making that a reality.

George Bailey

Heather,

Thank you for your kind comments. It " takes a village " and then some to bring about transformation of ideas into action which becomes policy. But it is neccessary to take that first step in the journey of a thousand miles. That journey is less ardous if one has company and support along the way.
I do believe that as a community it is important not only to say what we are against but also what we are for, and back that up with ideas, resources and action.

George Bailey

I would like to see the Ojai planning dept. approve a structure like the biomorphic biosphere.

http://www.smallangstfilms.com/video/genius-trailer.html

Hi George -

I appreciate your contributions. Just to play devil's advocate to a degree, essential small business training is already available from a number of organizations - just to name two, the Ojai Valley Chamber of Commerce has regular seminars and also provides access to a local SCORE representative, and the Ojai Community Bank has regular beginning and intermediate Quickbooks classes. (I'm a member of the former and have an account at the latter)

Also, we pay taxes and business license fees - the City *should* be doing everything they can to support locally-owned businesses, which protects our primary industry of cultural tourism.

I heartily agree that if we are vocal in our support of a chain store ban, then conversely we should be proactive in our efforts to support existing and new locally-owned businesses.

Tyler-
can you provide a link, phone #, contact for those Quickbooks classes?
That will definitely straighten me out...

El Anonimo -

you need to have an account with Ojai Community Bank
contact Diana Trent
(805) 646-9909
http://www.ojaicommunitybank.com/

OK can we call a spade a spade
here? Why must a city council
process resemble pulling teeth
with a broken wrench? The
ordinance was fairly simple and straightforward yet was passed only
through a numbing series of multiple co-hearings, drafts, a SLAPP suit filed by the city attorney against a citizen, and copious amounts of public time and money wasted. This is the city's version of progress? I'd hate to see their response time for an immediately pressing problem... PL

George - I love your ideas and pledge my support to your concepts of a living wage, universal health care (if I may take your idea a little further), affordable housing, and supporting our local businesses. I'm not up for coordinating, but I can be a grunt. :-)

Congrats. In addition to being good policy for Ojai, this ought to further help Ojai distinguish itself and attract the kinds of visitors that we want. Chain free (relatively) is not just good for Ojai, its unique among attractive towns in Southern California. Its a selling point. Witness the favorable play in the New York Times travel section elsewhere on the Post. (And kudos to Mayor Smith for making the point to the press - good job.)

Curious: What was Sue Horgan's objection?

Not to beat up on Sue, but one more thing is striking: She at one time tried to label Ojai citizens who advocated for regulating chains as "fringe elements." With a 4-1 vote, hundreds of signatures on an initiative petition, and public comments that overwhelmingly favored regulation of chains, who is the fringe? (Luckily, that is not an insult in Ojai - and now that Sue has joined the fringe, maybe she'll even come a little further and join us over here on the enlightened side sometime:>))

Congrats aside, Pete L is right, the process to getting this ordinance speaks of something broken at City Hall. Widders is still appealing the court's decision throwing out his SLAPP suit. The Housing Element Task Force is recommending opening Ojai to what could be, for Ojai, radical high-density development, which, like the chain issue, is something that has already proven its destructive force on small towns throughout Southern California. Kersnar and Widders remain in place - yet I believe I am not the only one driven to conclude from this ordinance process that neither of those two, whatever their talents, are the best people for Ojai in those jobs at this time.

Glad to see Kenley's still willing to be a grunt (!).

I think this is ridiculous protectionism, and it makes me sad. If you really care about small, independent businesses you should vote with your dollars rather than coercing your neighbors into honoring your preferences.

oh no, not the "vote with your dollars" crap again.

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