In the City Hall, packed
with Ojai residents, including local real estate agents, the CEO of
the Ojai Chamber of Commerce and at least 10 local business owners,
14 attendees spoke in favor of the moratorium.
Many congratulated the city for taking the initiative to write an
emergency ordinance and offered suggestions.
Ojai resident Leslie Davis suggested extending the parameters of the
temporary ordinance to the entire city, rather than just downtown,
"I can't imagine that customers of the Ojai Valley Inn want to
drive by a Jamba Juice and Starbucks at the "Y" Shopping
Center," she said. "That would change their impression of
our community."
Ojai Mayor Carol Smith agreed and asked the ordinance be amended to
include the entire city.
Councilman Steve Olsen said he would support any emergency measure
that would pre-empt formula businesses from taking advantage of the
city's present lack of regulations for such businesses.
Kersnar clarified that the city could not legally deny any prospective
owner of a business license, which primarily insures that a merchant's
revenues are taxed by the city.
But the moratorium would prevent the issuance of any building-related
permits to a formula retail store. Almost any formula retail store,
especially in food service, even if it had the same use as the previous
occupant, would need to do some construction on the premises in order
to operate, said Kersnar. A Subway sandwich shop would probably ask
for a sign permit at the very least.
The Subway owner had not yet applied for any permits, Kersnar confirmed.
A moratorium against formula retail, if it passed on Tuesday evening,
could thus prevent him from operating.
Included in the council packet was a proposed initiative written by
local resident Kenley Neufeld, listing regulations for formula retail
stores in Ojai.
Councilwoman Rae Hanstad thanked Neufeld for submitting a permanent
measure to regulate formula retail and suggested that the council
use it as a draft that could be later developed while a temporary
measure was put in place for current protection.
City attorney Monte Widders agreed but added that the ordinance could
be even tougher.
"Since the wars of Wal-mart I think the city can craft an even
stricter ordinance, based on recent court findings he said."
he said.
Many local business owners testified against the suggestion that a
Subway might provide more job opportunities in Ojai. Cathy Cluff,
an owning family member of the Oaks at Ojai, reminded the council
that their spa and inn employs 140 people and is always hiring.
Gregory Mackey, who owns a business in the building where the Subway
is expected to open, said he employs unskilled laborers and his lowest
paid employee makes $12 an hour. Moreover the proliferation of chain
stores could eventually put such locally owned establishments out
of business.
John Wells, owner of Ojai Pizza, said he came to Ojai because he thought
the city protected local businesses. He said that seeing the direction
in which Ojai was moving, he realized he would have to take measures
to protect himself.
"I've already talked to Pizza Hut," he said.
Olsen, Hanstad and Smith were ready to pass the moratorium but Councilman
Joe DeVito said he was not comfortable doing so.
"This meeting is being conducted without notice or formal hearing
and that really bothers me," he said.
Kersnar explained that for a temporary emergency measure such notice
was not required.
Though the meeting was posted on local news blogs, the city's web
site and was well-attended by downtown business owners, DeVito said
he would feel more comfortable if another meeting would be scheduled
with formal notice including an announcement in a newspaper. He would
also like to see Horgan present.
"I'm not opposed to what we are doing as far as opposing chain
stores," said DeVito. "It's just that this must be done
carefully. Someone mentioned something about lawsuits..."
Hanstad tried to "cheerfully twist his arm."
"I agree with you that this has to be done carefully," she
said. "I think this ordinance would buy us some time, the very
time you are suggesting, to think about it. We should take advantage
of this window of opportunity."
But DeVito was not swayed and the moratorium, which required unanimous
approval received a 3 to 1 vote. DeVito voted in opposition.
The council requested that the moratorium be brought back at another
meeting on May 1, with proper notification and all council members
available.
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