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Order, thank you. Could we have the roll call please Weston?
Roll call — called by Weston Montgomery
Show transcript
Thank You Weston and welcome everyone to the Tuesday October 3rd 2023 special meeting of the Ojai City Council. Weston would you say the pledge for us
Agenda Discussionitems moved / continued / pulled — click to expand
And is there a motion to approve the agenda? I will move to approve the agenda. Second?
Second.
All in favor? Aye. Okay, all right thank you and just reminder that we will there's only
public comment on because of special meeting on this one item so we will take that after the staff report. So we'll move on to discussion It's the first reading and introduction of an ordinance of the City Council, of the city of Ojai. California adding section 10-2.1411.5 to the Ojai Municipal Code regulating valley parking. I sound like you Matt reading numbers.
Do you have a staff report?
Yes Madam Mayor briefly so as you'll recall this item has come up a few times Most recently, the Council directed two meetings ago that we try to strike a deal at the September 12th meeting. So two minutes ago. We tried to strike a deal with interested parties on proposed ordinance that would regulate valet parking and we have come up with a proposed ordinance that has been agreed to by Attended by staff subject to council decision and by the plaintiffs in the valet parking lawsuit who have stated that they would dismiss the lawsuit if the council were to introduce and adopt the ordinances proposed, and also by the Ojai Valley Inn.
It was indicated that they're okay with the proposed ordinance as structured. We have one minor edit that I'll cover briefly but in a nutshell, the ordinance is similar to the prior ordinances under discussion but with an adjustment to regulate rather than always prohibiting valet parking And with a critical creation of a new area called the on-site valet parking zone, there's maps around and the text is in the staff report that defines an area roughly the middle half of the city.
In that area, valet parking would have to be only on site meaning, thank you, so meaning that valet parking has to begin on the same premises as which the car is dropped off. So not moving it to another site, not parking in a public right of way, it has to begin and end on the same premises, the same land. And also within that area, the valley parkers have to park the cars on the same premises. They cannot traverse public rights-of-way in moving the cars around as well so it's fully onsite. It has to be purely internal circulation of the valley parked vehicles on the same premises And there's an exception for up to six special events at each property by city permit or events that are non-commercial valet and residential uses.
The ordinance for the area outside, so the two edges of the city, the west edge and the east edge or eastern portions, there the only rule is that no Valley parked cars can be parked or temporarily stored in the public right-of-way, or in any public parking lot. But valet parking could still happen on multiple sites. So you could have cars received at one site and parked at another and driven across a public road to get from where they're received to where they are stored. But nowhere in the city can anyone park valet parked cars on a public right of way or in a public parking lot as proposed.
We have one edit to the map to reflect the text, and I proposed adjustment to the text to make the boundary clearer. I'll cover that in just a moment. The other thing to note is that none of this relates to bicycle parking. This is all vehicles. Valet parking. So bicycle valet parking or bicycle parking is entirely separate. This is about cars and trucks and vans and motor vehicles.
It also would apply solely prospectively, so any project approved before the ordinance took effect such as a Roblar Hotels proposed 18 space offsite valet parking operation will be unaffected. This is future only not backwards. The proposed correction to the mapping, do we have a way to put this up there? Is in the southwestern part you see this sort of trapezoidal shoot southwest, cut that off. The intention was to be from the southern edge of San Antonio Street south to a line intersecting with Saddle Lane and Creek Road so it would be cutting out that and we're gonna see if we can get a revised map on the screen and we passed out revised maps there and here so I'll take the liberty and show it orally You've got the southwestern boundary, right now it extends through down to south of Vianova.
And the idea was to cut it off here so it'd be San Antonio Street South to a line intersecting due west of the intersection of Saddle Lane and Creek Road cutting off that southern southwestern trapezoid. So that is the proposed update to the map and the text which shows up in two places in the Western Boundary delineation. And the last thing is that the discussions with the plaintiffs also brought to mind the note that there is this idea or this concern about persons with mobility challenges and what to do for folks with mobility challenges And there the negotiators recommend, and staff concurs on this recommendation that the city proceed if the council so approves with a feasibility in a needs assessment as to whether there is a need for public and private parking management strategies for persons with mobility challenges.
The idea being to figure out two questions, number one is there a significant need for city intervention or city assistance in the space of persons parking who have mobility challenges? Which could look like a number of different programs but is there a need and if so what is the scale of that need? And if there is a need and this scale is significant as opposed to just one or two people significant enough to warrant investment of city resources, then what are some options to handle that?
To meet that need so to speak. So we would recommend that the council, if so inclined, authorize that initial step which would be the feasibility needs assessment. And we will look to Mark and his staff to develop the how there but start with an appropriate feasibility needs assessment for parking management strategies for persons with mobility challenges. Recognizing that in part valet parking can help folks in that situation but isn't the only solution.
And with that staff would recommend that the council introduce the ordinance As proposed what the adjustment is discussed to the southwestern boundary and we're here for any questions or Comments, then I would suggest as an order of operations. We take council questions Then public comment and then counsel discussion in action is desired
Thank you very much Matt. Thank you for all your hard work on this mayor pro tem
Was the zoning change driven by the Ojai Valley Inn so they could use their parking, their off-site parking?
That was part of it. Yes. It was to ensure that the Ojai Valley Inn would be unaffected. The other goal of it was to ensure that the original intent was to define a, as the plaintiffs put it, a core area that would be given a different set of rules than the periphery
So that rule applies to any business in that area. For example, if Beck wanted to do something or...
Right, if Beck which is outside the boundary wanted to set up some sort of off-site valley parking system they would be able to do so in compliance with the other rules and regulations And I will note that there are hotels on, extant hotels outside the Onside Valley parking zone on both east and west sides. Not just the inn. So the inn and the Rancho Hotel on the west side and on the east side, the Hummingbird and Casa Ojai are both on the eastern portion thus able to do offsite valley although none of those four hotels only the inn currently does valet.
Okay, and then I have another question that I want to be crystal clear on. And so would the public. The plaintiffs or the people behind the initiative have no objection to off-site parking, private off-site parking that customers find on their own. The objection is strictly having a valet driver who then moves the car to an offsite parking, which is not gonna be allowed. And then that person hopefully a young person in very good shape is gonna run back to the business.
And the reason I asked that because at one point it was whispered in my ear back in 2021, that there was a fear that there could be offside parking even outside the city limit and now that I understand it better That's highly unlikely, right? Because every car the valet driver whatever you want to call him has to go back to the business without a car.
Right, typically they stay within walking distance. So my understanding is that the plaintiffs object to the idea of the offsite valet parking where someone can leave their car at one site and then it gets parked elsewhere because it allows that business to not be bound by the number of parking spaces they would otherwise need on-site.
Yes
I understand. That's my understanding where they are and I believe they're present tonight or at least a rep there so
they
can also speak for themselves.
But there's no objection to the other alternative, which is a private.
I'm not entirely sure about we didn't discuss that, so I wouldn't want to put words in their mouth as to whether they do or do not object to something we didn't discuss.
Well, my recollection when we had the meeting was that there wasn't an objection. That might
be a great question to pose.
Yes. I mean, I'll ask the plaintiff. Thank you. Yeah. OK.
Any other questions from council? Okay, all right we will move on to public comment. Let's start with Jody Kaler then Leslie Hess then Skip DeMuth.
0:11 – 0:1617 turns
Oh and as public comments coming up I'll also note my colleague Lily Wyckoff the litigator on this on the lawsuit piece of this is on the zoom and available if there's questions on that end but obviously if we settle them we the litigators can not have to get out of their get on the table but I want to note she's present thank you
I Support foot traffic for business the quality of life that walking is the social equity the business equity Maintaining our charm and simplicity No need to bring the car in and out twice Passing this ordinance would be nice.
Thank you Thank You Jodi next we have Leslie Hess then skip to move then Jamie Fleming
Hi everybody. I'm Leslie Hess. Thank you Mayor Sticks council and staff for all the work that you do for us. I ask the council tonight to vote yes on this ordinance. This council has been proactive and long sided on several actions you've taken recently on three ordinances that are forward looking and meaningful. You improved the chain store ordinance by tightening it up.
You adopted the local climate action ordinance and you enacted rent stabilization these ordinances protects protect Ojai. Thank you for doing those three things. What weaves these together with on-site valet parking is that they all relate to social equity and our quality of life here in Ojai. This ordinance along with the others will help keep Ojai livable for residents and attractive to visitors.
Thank
you. Can I ask
now the question?
No, you requested that one of us answer questions so that'll be Tom Francis he'll be answering. Oh
okay thank you Next we have skip to Mooth then Jamie Fleming then drew Mashburn
Greetings mayor sticks and council members. I've read the background information and proposed ordinance regarding Valley parking Regarding oh my god, I knew this was gonna happen. Oh Regarding valet parking to off-site locations and have concluded. This is an eminently reasonable piece of the effort to slow down over commercialization and gentrification of our small city From what I read no harm is done To the end or to Elrobar Thanks are due to Rachel Lang and Leslie House Sousa Francina mayor sticks and others including our capable city attorney Matt For working hard to create this complicated proposed ordinance a side benefit of passing this ordinance is that the lawsuit Challenging the clerk's rejection of the petition will go away Thank you for your time
Thank you, Skip. Next we have Jamie Fleming then Drew Mashburn then John Boetti.
Jamie Flemming, Ojai Valley Chamber of Commerce. First I just want to know that it was nice to see positive changes come back from the previous ordinance so I know there's been a lot of work. Need some clarity I was sitting here and I on the ordinance the proposed ornance permits off-site Valley parking or up to six special events at each property within the zone So we're talking about within that zone. We can have off site six times Because that seems
to answer
the question
Yes, so the ordinance doesn't apply to special events that get a city permit and there's up to six special events at each location per year.
I think that's a huge step, at least in the right direction because we're actually using our permitting process which is what I talked about last time. What still throws me is that we've come up with a number six. I'm not sure why we did that and so my suggestion would be that we maybe make the number six a trigger And then I would recommend that all we do is adjust this ordinance to say, okay so if someone actually needs to go for maybe a really good reason over six it triggers more review maybe with the planning commission or some higher level. So that we just do not arbitrarily block things completely still in this town. We should always have some process in place
Thank you, Jamie. Next we have Drew Mashburn then John Boetti and then Bill Miley.
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Good evening I'm Drew Mashburn 72 year Ojai Valley native in the early excuse me in in the nearly 30 In the nearly three quarters of a century I've lived in the Ojai Valley, the three legs of the stool primarily supporting its local economy have been agriculture education and tourism. More should be done to reinvigorate and save our agriculture other than our public school system all the other educational institutions seem to be doing fine however I'm concerned about our tourism in the city of Ojai and the entire Ojai Valley. Not that we don't have enough tourism but that we have way overdone it and continues to be the same. I get that tourism is needed to help sustain this city and valley, tourism has been important to this area's economic support since Ojai was called Noorda for example back in In those days, folks came from all around the world to partake in the famous hot springs.
Those tourists spending their bucks in Nordhoff supported the businesses back then and that's still desirable. Yet in all the years I've been here, I've never heard any business clamoring for valet parking in order to survive. Only recently have a couple requested as a convenience for their guests. Convenience! Convenience, not survival. I do miss many of the small-town ma and pa businesses that have all but disappeared. I certainly missed the Ojai and Ojai Valley in the 1950s, 60's and 70's before the significant increase of urbanization.
Hand in hand with that increase was an increase in tourism and an overabundance of businesses that cater primarily to tourists. A lot of those businesses are small, they need tourist dollars to survive, and the city needs the businesses for the tax dollars they generate. However, off-site valet parking should not be allowed. Such parking would undoubtedly compete with parking areas that are now self-parking uh... areas for locals as well as tourists. Self parkers will find a parking spot and walk by many businesses where they may wind up shopping in contrast those folks dropped off at specific businesses by valets will most often only shop at the businesses which they were delivered There are other reasons why I'm opposed to off-site parking, but my time is limited.
Here's a biggie for me. People want to live in the Ojai Valley and tourist flock here because of what it is at present. Valet parking is not needed to encourage more residents and tourists. Change can be a good thing. Without it, it's stagnation. But all—not all change is a good thing. And things right now are pretty darn nice. Valet parking connotes big city off-site valet parking would be a detriment to it Let's keep that our small town charm and keep our focus on what's good for locals and local businesses And yes, I support this proposed ordinance read the staff report very good
Thank You Drew next we have John Boettie then Bill Miley and then Anita cram
Good evening council I Support the this ordinance for the reasons stated in section 2 findings and purposes Specifically the desire of Ojai citizens to maintain the city's small-town character by adopting quote Reasonable regulations on the use of valet parking by Ojai businesses, unquote. And it allows valet parking for mobility-challenged people which addresses a problem that several citizens expressed a concern about in previous meetings.
It accomplishes this in a practical, efficient and safe manner. I want to commend City Attorney Summers, Councilwoman Lange, Mayor Pro Tem Francina, the initiative proponents and the OI Valley Inn for the excellent work they have done on this matter It demonstrates what willing partners can achieve through respectful, civil engagement. I urge the council to approve this plan tonight. Thank you.
Thank you John. Next we have Bill Miley then Anita Cram and then Robin Gerber.
Hello. The question valet parking yes or no banner regulate retain freedom to move about or place an arbitrary limit on it? My email to your council says we have a choice. Will we lose freedom of movement with a limit by quote, the 600 initiative signers who want to save the soul of Ojai, their Ojai? Or will we get a soul of Ojai of the 4500 plus registered voters who have supported past city councils which regulate through their decisions and not remove freedoms?
What is the soul of Ojai? Freedom of choice is a backbone of our nation. It's an element of who we are. We regulate for public safety, public health and public welfare. All three are basic elements of our laws. We work hard to prevent arbitrary limits, like recent ones in the news. We work to save our freedoms. The Council is spending $200,000 to protect the choice freedoms of unhoused folks.
We passed a resolution to protect elephants. Banning off-site parking is arbitrary. It's wanted by the 600. Remember, we have 4500 plus registered voters in this city. Simply Ojai which says they represent the 600 says if we don't get it, we're going to sue you. That's part of their soul of Ojai, not very friendly. Please protect our freedom of movement. Design an ordinance which regulates for freedom choices, not loss of a movement choice.
The one we're trying to protect is the freedom beyond business sites. Freedom retention through responsible ordinance design and planning commission regulation is the way to go. Retain freedom of movement choice, please. Thank you.
Thank you Bill. Next we have Anita Cram then Robin Gerber and then Larry Steingold.
Good evening Off-site citywide valet parking in Ojai is not in the best interest of our community or for maintaining our small town character We do not need to bend over backwards to take care of people who do not live here Particularly at the expense of our community members This for profit scheme would be a perk for visitors and up The ante for those of us who live here to try to find parking. Valet parkers are very resourceful at sequestering parking spaces for their sole use and increasing their profit margins.
Valet drop-off points in our city would be one more point of traffic snarl in our small town. This is preferential treatment. Visitors can park and walk, what a concept, walk The proposed ordinance before us tonight allows for some valet parking while still protecting public right-of-way and public parking from being overtaken by for profit valets. It's a good compromise.
On a side note, I tuned in to the Earth Keepers Summit this past week. Deepak Chopra was asked what's the school of the future? He said self-realization. He also said the Indian scholar J. Krishnamurti built such schools in India. There was one in Ojai, there is still one in England. We might think he was mistaken but no he wasn't What he said was to point, that was for our ears here Ojai.
Ojai is changing. Spirituality and exclusivity do not coexist. City Council is in a powerful position to keep the spirituality that has been a core of our community way back from when they meditated in tents at Besant Meadow, and therefore probably even before then. Today, it's valet parking. Tomorrow, it's a housing development that is marketed as affordable which isn't.
It will be another exclusive perk. I implore the City Council members to remember who we are. Every decision you make here Can take us further away from that core spirituality that Ojai is so well known for. It can bring us closer or it can remain neutral. We don't want this to become a legend, lore that oh one time Ojai was a spiritual community but exclusivity came in and squashed it. Thank you very much. Thank
you, Anita
Maybe
I'm mistaken but I seemed it seemed like the speaker is under the impression that That valet parking can go on a public parking lot or on the street, and that's not the case. Valet parking has to go on a parking lot... Okay, that's what I want clarification on. So I didn't understand your conclusion that we're gonna... Excuse me?
So she didn't say that and let's go move on.
But I but that's what I heard, and I just want to make sure
that I think we have the clarification she didn't mean that
well that I still want the clarification from the city attorney that valet parking as it's described in this ordinance or understood by this ordinance is not going to take up parking that the public would use is that correct? No no no I just want the clarification from the City Attorney
Under current law today, valet parking in the city cannot park the cars on public right-of-way or public parking lots. And I don't believe that's happening in any valley operation is operating now in the city. This proposed ordinance in section 10 to 1411.5 sub D states that directly, no operator shall park or temporarily store any vehicle anywhere in the city during any valley parking activities and any portion of the public right-of-way or any public parking facility.
So that's the current rule by default this ordinance would codify that rule
Yes, that was my understanding. I just want the public to know that the valet parking would not use parking that the citizens of Ojai would normally use unless they're spending the night in a hotel which is unlikely. You know what I'm saying right? That's correct. There's a
difference between parking the citizens would use, that's not a legally defined term versus The parking on public rights of way or public parking lots. Those are legally defined terms. Okay,
thank you.
Okay next we have Robin Gerber then Larry Steingold and then Sherry Ann Cate.
Mayor, members of the council, I'm Robin Gerber. I live in the city. I want to talk about three untruths that this issue has brought up. First of all, the 600 or so voters who signed the Hess-Francis Simplio High Notice of Intent to file a petition are not necessarily in favor of having a valley parking ordinance. The 600 signed a document to allow a petition to be circulated, to put the valet question on the ballot.
The 600 signed a statement mostly full of the Hesse-Francis simply Ojai gobbledygook about preserving our historic rural town that's being overrun by tourists losing our soul supposedly run amok valet parking endangers all that so who wouldn't have signed? 600 people did not vote to ban off-site valet parking. They did not even sign the actual petition that laid out the plan to ban valet parking. They signed a document to take the first step, to get a signed document, to get a signed document to take the first step to get citywide vote.
So anyone who gets up here or sits where you're sitting and says 600 Ojai voters want this ordinance is lying On truth number two, the Hess-Francis Simplio High efforts costing this city a great deal of time and money have nothing to do with valet parking. Banning valet parking was a cynical tactic to stop the El Roblar Hotel. Do we not remember how Council agreed to the Planning Commission's approval for the hotel? But then Hess, Francis and Simply Ojai forced yet another hearing before city council more staff time more money. And when they lost again they tried to bring the initiative that has become the legal knife that has forced us here today if these people want to govern why don't they run for office instead of hiding behind lawsuits appeals and complaints?
The truth is that valet parking was never about valet parking it's about stopping development And on truth number three, we needed this special meeting. Nope! We needed a special meeting to move forward on the Code of Conduct and other priorities you spent an entire meeting work on. This meeting was jammed on the calendar because of the legal costs of delaying settling Hess & Francis and Simply Ojai's legal terrorism.
Apparently Leslie Hess has untold sums of money to fight the outrage of Valley Parking but the city does not. So tonight you're poised to encourage more governing by whatever arrogant citizen or voter has bags of cash and lawyers on call, but at least try to tell the truth.
Thank you Robin. Next we have Larry Steingold then Cherianne Cate and then Jay Simons.
0:31 – 0:374 turns
Larry Steingold, resident. I fully expect you people to approve this ordinance because of Hess-Francis Simply O'Height lawsuit. Why? Because they put you in office! They supported you so you're rolling over and helping them makes great but the attorney says oh wait there's no money involved so what you don't have to recuse yourself if it looks like a duck and quacks like a duck it's a duck So I fully expect that.
The Ojai Valley Inn, great. Mothership, your words. They're being carved out. Why? Because it's a separate lot. It's on the other side of the bicycle path. They would have to go through the process and get a variance but your own number H Says future regulation of valet parking, yada, yada, yada. And requires all parking and temporary storage of vehicles parked by an operator as part of valet parking to be located on the same premises as the business.
Let them merge the lot Let them merge their lots, let them get a variance from the county and go about it the right way. Don't carve them out. He who has the gold rules, right? They've got the gold, they're the mothership, roll over for them but let them do about it. Don't carve them out otherwise carve everybody out. But the idea that you want to have no valet parking I don't care okay but the fact is how many businesses How many buildings, how many usages have to get changed or closed because they can't get the parking because you won't give them a variance and they don't have the right parking to go about their business? Suzanne's for example. And I have no idea but if they have 22 car parking and they're required because of the new ordinance to have 30 car parking and they need eight cars somewhere else Are they going to valet, though?
No. They're going to tell their customers go park over there and walk across the street with no sidewalks or maybe there are sidewalks on that side or not. Or do we have shuttles? Maybe we have a shuttle business for the handicapped, ADA. That's a good thing. Why not? Who is going to get the contract? Are we going to put it out at the bid or is somebody going to get it as a grant?
Okay, but it's more importantly just be honest. Why are we doing this? You want to regulate parking and not have it on side streets fine no kiosks on Ojai Avenue they would need three cars to park in valet parking anyway so you can regulate this thing to death but don't prohibit it there's got to be a pathway to somebody to get valet parking Just like the Rancho Inn, they had to get parking to have their venue. They were told hey you need parking spaces so they went up and tied up a church, they tied up a property around the corner, they tied up some other ones. No problem! They're not having valet. They're having people walk back and forth. Do you remember the conversation? What if they're drunk? What if they're stoned? It's going to be...they're gonna be walking all over the place.
Not a problem. That's okay. But just be honest why you don't want valet parking. Because there will be businesses that can't operate, they'll sell. I'm not against prohibiting valet parking but you need to have a pathway to get to it.
Thank you Larry. Next we have Sherry and Kate then Jay Simons and then Renee Roth.
Well forgive me for always going to the past but bear with me for a moment. I remember in the early 90s going to Chaparral Auditorium and it was to reevaluate the general plan, to receive public input about what did we want in our general plan? I'm sure a number of us in the audience were there. The place was packed and they had these giant flip charts all around the room and each one of the flip charts had a different element of the general plan, and with space underneath for people to write with markers what did they want to see going forward in the general plan for our city?
The overarching preference of everyone, almost everyone there was they wanted to preserve the small town character of Ojai. Valet parking in no way is a characteristic of a small town. I don't know of a single small town that has any kind of valet parking unless it's on the business property itself, ala the Ojai Valley Inn. The city manager and the city attorney's proposed valet parking ordinance represents a compromise.
What a concept as long as businesses park their patrons cars on their own business properties except for a few occasional events during the year most of us could probably live with that Just addressing Jamie Fleming's comment like, well six could be a trigger. I already think six is too many because that's every other month and every business could do that every other month and now we've got special events in valet parking all the time but I'm okay with the compromise as it's written so I urge a unanimous yes vote on this proposal And thank you all very much for the time and effort that you put into this. I know it's not an easy job trying to protect our precious little city.
Thank you.
Thank you, Cherianne. Next we have Jay Simons then Renee Roth then Karina Wright.
0:37 – 0:4515 turns
City Council staff, again thank you for the hard work that you have done on this. This is not an easy thing in any sense but I am here to speak in support of the proposed ordinance. I urge you all to pass this and It really does go back to it, because I think if we had something like this in place a couple years ago, we would have avoided the whole El Roblar thing. And I agree in a sense that in some senses there's a sense of trying to control the development or the development that a lot of us in Ojai feel like is changing the very nature of our community.
And that is increased traffic, increased tourism. And these things are subtle and they are delayed in the sense when you pass something you don't see a lot of results until like six 12 months, a couple of years down the road. And we're seeing that so with the El Robar I you know it's obviously it's water under the bridge. It's happening fine but I really hope that this ordinance will protect Ojai going forward from developments like that
thank you. Thank You Jay next we have Renee Roth and Karina Wright and then Joe McDonald
Good evening, Mayor and members of the Council. I am Renee Roth. I live in town. So first of all, Mayor, how did we get here? How many times has this been on the agenda for the City Council? Really, how many times? Six times? Seven times? Eight times? This has been on the council with staff having to do a report to try to figure out what to do about somebody who's complaining about our little town and how to keep it a nice little town. So really, how did we get here?
It seems rather dysfunctional and dishonest to put this on a special meeting agenda like this. It really does, it really stinks to me. So as far as I'm concerned, this is really dirty city politics. This is dirty politics. This is how dirty politics is run. You put it on the agenda, you have many people who say they're going to sue you, they're going to file a lawsuit, they don't like what you're doing and they're gonna threaten you and they're gonna manipulate you Betsy to put it on the agenda again and again. This has got to be humiliating personally for you to have to do this over and over again So a small group is attempting to plunge us into more chaos and uncertainty over valet parking.
Really? Really, don't you think the city has better things to do than to monitor how many times somebody has come up and requested a permit and they get a checkmark for six or seven or eight and they're out there it's not allowed You know, I just really am opposed to this kind of public policy. This isn't how it's done. This really is not how it's done. So we need real engagement. We need real leadership.
We need real transparency. We need to get people engaged For the first time, somebody asked the Ojai Valley Inn, oh you might not be able to use your parking lot that's right adjacent to your property? That just came up. It is just like that's not how you run government or make public policy. You work together. Jamie Fleming came up and said at the last meeting, we don't have a problem with valet parking. We really don't. And there are methods in place for how to do this. There are methods in place. We have a planning commission. We can meet. We can talk about it. But let's try to cooperate and come together. How about if the help of Ojai Parking Lot is able to be used for across the street?
The Ojai Arts Center Theater. People have said why can't we use that as a public space for people? Thank you
Renee.
Let's cooperate, get people together to up our parking options.
Thank you and just to confirm Go ahead Councilmember Lange
I just wanted to clarify For Renee and others that That actually I was the one who reached out to the city attorney to ask to have this on the meeting It wasn't Betsy it wasn't the mayor and that's because of legal deadline So I just wanted to to clarify that so So there is the reason for the...
Thank you, Council Member Lange. Karina Wright? And I'm just going to ask the audience to please refrain from side comments because it's very hard to hear when you're talking. Next we have Karina Wright then Joe McDonald and then Teal Rowe.
So good evening, thank you Mayor Stix and council members for holding this meeting. I really came down here tonight to applaud you and let you know that I support you in your vision to make sure that Ojai is developing in a way that we can all feel good about. And having to put forth ordinances like this is a big job and I know we addressed this a couple of years ago Really panicking. I was panicking. I was imagining this whole L.A. scene with traffic and people getting out in their stilettos and why did I move to Ojai if we're just going to have this so I really want to support you in going forward and figuring out this compromise which you did which is not Necessarily how I would do it. I would just say no So that's why I'm not in government so thank you for that and I urge you all to vote yes on that and You know things change, and that's why maybe next year or three years from now People will say you know what we need more valet parking And that's why these ordinance are not forever so this is what we need right now to Protect our small-town feel and I urge you to vote yes, and thank you for your time and for your service
Thank You Karina next we have Joe McDonald then teal row
Hi there, City Council. I'm here to ask you to vote yes on this ordinance. I don't think valet parking is the right vibe for Ojai and it would increase traffic if we had it and so thank you for bringing it up to this meeting and please vote yes. Thank you.
Thank You Joe next we have Teal Rowe
Good evening, Mayor and Council and staff. And thank you so much for the compromise that it sounds really good. It reads really well. Thank you council member Lang for bringing it to the special meeting tonight and all of the time that it's taken years. Appreciate it a lot. Please vote yes for this ordinance. Thank you.
Thank you, Teal. All right we will move on to Zoom any comments on Zoom Weston?
Yes mayor we have two raised hands for this item first we'll have Jerry Schwenk and then Nora Harold. Jerry you have the floor.
0:45 – 0:5525 turns
Good evening my name is Jerry Schwenke I live in the city of Ojai and I absolutely support this ordinance. I want to thank City Council and staff and everyone involved for They're hard working, they're good work and bringing this ordinance before us. And my initial problem with valet parking was not so much who was parking the cars but where they were going to be parked because what I have a problem with is off-site commercial parking Ojai residents who live adjacent to the Ojai Business District probably have a hard time getting to sleep some nights.
You know, wondering when some were going to wake up and somebody is going to be bulldozing the lot next to their house to put in a private park a commercial parking lot. To service their business with those nice big bright. A high-pressure halide lamps that buzz all night and a security fence. I am absolutely against anything that promotes, that brings commercial encroachment or commercial intrusion into Ojai's residential neighborhoods, you know? And I think that this one is a real win for residents of Ojai.
We're getting back to putting people above profits It's about time, you know. So thank you everybody who has brought this forward for us. Please I just, I'm not urging you on begging you please pass this ordinance. Thank you.
Thank You Jerry.
One more raised hand Nora Harold. Nora you have the floor? Nora, are you there?
Oh yes. I was muted. Thank you, Heston. Sorry, I can't be there with you all tonight. I'm home with a bug. I really want to thank you all for your work on this and appreciate you all so much for your commitment to the health and beauty and sweetness and specialness and magic of this valley and our lived experience here. And it's not the first time citizens and council have had to say no to a particular kind of growth to facilitate that, and this is what I see you all doing. I see you continuing to facilitate the specialness that Ojai is And when Anita spoke about spirituality and exclusivity, not being able to coexist together that really hit me. When I moved to the Valley 14 years ago we moved here in part because it was known for being a spiritual hub.
I don't really think it's interpreted that way so much any longer. I don't see it Uh, spoken about that way so much any longer and. And that makes me sad and it's not because it's not true because it certainly is. It still is as healing and magical and wonderful as it was when we 1st landed here but what I see. Ojai. Becoming known for is our restaurants and our hotels and our shops and becoming another tourist hub and finding balance is just so important. So it seems that this ordinance find some balance here in this one way. And I wholeheartedly support it. I support all of your work on it as a ditto to everything everyone else has said and wish you all a great night, thank you.
Thank you Nora, get well soon. That's it Weston? That's all Mayor, no more raised hands. Okay we will move on, excuse me I'm gonna finish my sentence. We're gonna move on to discussion because we're finished.
No, we can't, I wanna keep the public open, the public comment open because we didn't hear from Tom Francis unless you can answer my question. I think my question is very important and needs a clear answer.
I am not sure if Mr. Francis put a card in
He did not. If you have a... Do
you want to restate your question and then we move us off from
there?
Yes, okay. My understanding is there's no objection to private off-site parking that customers find on their own. The objection is strictly of having a valet driver who then walks back to the business. And that's the essence of my question. If it needs further clarification, I'll give it.
So I can't speak for Mr. Francis nor Ms. Hess nor the plaintiffs because we didn't discuss the non-valet situation. We discussed the valet situation.
Okay but my recollection is that we did maybe you were he wasn't there Rachel and I did ask and the answer we received was It did not affect off-site parking. Self parking? Yeah, private if a restaurant is successful and they notice their customers parking. The customers are... I lived. Okay now you can close. I might be
able to clarify this point. There's a difference between required off-site parking and simply people finding a space to park on their own So the city's code currently requires all parking for a business that is all required parking. So, a business that needs 10 spaces for its whatever under the parking standards those ten spaces have to be on site unless the planning commission through CUP approves off-site parking within 500 feet or adjustment by variance if as has been done in the past That offsite parking under the city's current code could itself be valet instead of self-parked if the planning commission so approved as was done for El Roblar through there, through the council. This ordinance would prohibit that in the defined zone but it would still allow offsite parking self parked as part of the minimum required parking spaces if within 500 feet and approved by the Planning Commission or is beyond 500 feet distance approved through variance And none of this, none of those requirements.
That's all about the required parking spaces off the required minimum parking spaces. None of this regulates people simply Finding a place to park that's a legal place to park and walking into a business. The city cares or regulates the minimum number of required parking spaces, we don't regulate where people who might patronize the business park on their own.
And I don't think the plaintiffs care about where people park on their own, their care is the required minimum parking spaces.
I understand all that. But are you saying that if a business purchases, it's hard to imagine 500, say the business purchases first of all they cannot, you cannot put a parking lot in a residential zone? That's not allowed correct?
If it's an R-zone no. It
can be in the mixed use zone.
The VMU is where that would come up.
But my question is can a business, if there's an empty, okay let's take Seafresh. There is an
empty- Let's use a generic example. Okay,
generic, okay. A
restaurant.
Let's say a restaurant, there's an empty lot next to the restaurant that has been empty for decades And the restaurant, not that I want to encourage driving. OK? This is not and I'm not looking at this in isolation because what we really need is a walkable town, really walkable town. But say the restaurant wants to purchase the lot for parking. Are they or are they not allowed to do that
right now? They can buy the lot for parking and they don't need special permission if it's internally connected. So, if the existing business has access to Oia Avenue or whatever street they front on, if they can access the new parking lot they bought next door internally, no special permission needed. What if it's across the street? If it's across the street or they have, you can't access it internally because where the buildings are then they can still do it but if they want to count those spaces as part of their required spaces for the business then they need planning commission approval and it has to be within 500 feet of the business unless they get a variance.
And if they want it, and that's if it's South Park. That would be allowed within the 500 feet with Planning Commission approval. If they wanted to do a valet off-site then they would need Planning Commission approval.
So how wide is the street? 20 feet? 40 feet?
0:55 – 1:0812 turns
Typically 40 to 60 feet for, Ojai Avenue is bigger. Standard Residential Street is 40 feet.
So if it was a matter of 10 feet the Planning Commission can make these decisions. The
ordinance does not prohibit...
This ordinance does not prohibit the decisions that a planning commission usually makes.
So in this scenario we've just discussed If that off-site lot is used for self parking where people drive and park themselves, this ordinance doesn't affect that at all. That can still happen and the only requirement would be that's still within 500 feet in planning commission approval if outside 500 feet they need a variance. If they wanted to have, so this ordinance doesn't affect it if that's self-parked. This ordinance would affect it and it would prohibit
it
if it's valet and they're within the zone.
Okay thank you great thank you let's that's what I needed to know we'll move on to discussion now um
council member lang did you want Sure, I can start you know and Susie. I just want to speak to the question that you asked and and I remember specifically when we were in our negotiations And when we were talking the first time we did our rounds is that there that that that was actually Encouraged itself parking was actually encouraged because then it would drive foot traffic to the businesses so I That was a part of The reason why this only counted for valet and I am in support of this ordinance for a number of reasons.
This settles a lawsuit. And that is going to save us time, it's going to save us energy, it's going to save us money. I think we voted 4-1 last time in the last meeting To ask our staff to move forward with Negotiating a settlement that was closer to something. That was a regulation and not a complete ban And I think this accomplishes that the fact that we have a designated area even though You know, I think that that this designated area Is Thank you, Mr. Chair.
I think that this also accounts for not just the inn, not just the El Rancho but it also counts for anything that we would build out over on the east side of town. I think that there's a lot of provisions. I think this is a compromise that really takes into consideration some of the original things that we discussed during our settlement negotiations And it also takes into consideration concerns that we had last time with the inn, with some of the potential businesses.
I also like the idea of directing staff to do a feasibility study, to assess the needs for mobility-challenged residents or visitors. That was one concern that I had when we were discussing this last time. was, you know, how do we accommodate some of those individuals? And so I think that's something that I would like to move forward with. You know, you took the direction that Councilmember Whitman brought last time and I can tell a lot of work went into this. And so I just want to thank you for making this a little bit more flexible for us and You know, this is a great I think this is a workable ordinance and if and I do agree with what Jamie said that If there if there are concerns that businesses raise in the future that that that that this if we if we pass this ordinance Avoid the lawsuit.
I do not want to take this to the voters, because we will not have any flexibility should they vote to do away with a complete ban. So I think this is a good start. I think this is a really good foundation to move forward with. Councilmember rule
Yes, so I Just first of all. I want to say that I understand people are scared that they're going to lose what they value And They're gonna lose what they have. I understand that so I And those people have been here to say that they are scared of losing what they consider to be fundamentally Ojai. That having been said, I do have some issues with this ordinance.
Most of my issues are process-based. So just to give a little bit of history here, there was the previous council, Mayor Betsy Sticks and Susan Francina voted to have the discussion. The previous council voted 3-2 not 2. So then there was, I guess signatures were gathered. That was in April I think and that the actual processing of that did not happen until October. Why there were five months delay? I don't know Why that wasn't done appropriately, I don't know. I don't know how the signatures were gathered.
One thing I do know is they were never... We don't have 600 Ojai voters who signed that because it was never verified so I do agree with Robin Gerber that the information coming out that there were 600 voters who signed on to do this, that is simply not true Which brings me to the real process here. We are in doublespeak, and I'm going to take an example from this ordinance.
Section two, findings and purpose. Findings, number one, residents of Ojai value their unique low key lifestyle markedly different from most towns and cities in Southern California including a beautiful natural and built environment. That may or may not be true, but that is an opinion. That is not a finding. Let me give you a definition of what a finding is. A piece of information that is discovered during an official examination of a problem, a situation, or an object.
And it goes on to say in the past our city council took positive steps to ensure this unique small town environment was and was maintained including enacting the formula business ordinance in 2007 which regulates the location. And I want to point out that the regulation that that was done- In a holistic and honest way this has been done completely dishonestly no there Other than those who have shown up to speak, who have been involved in this at all. And I think that the fact that no one really called to say no, I don't support a valet parking ordinance is because it's a non-issue. And third, this is the big one, Off-site valet parking impacts Ojai residents and their neighbors by increasing the number of vehicle trips to and from a business.
We have no idea if that's true or not, there has been no study done, we have no idea what the traffic pattern would or would not be. And presents the possibility of using scarce public parking spaces on public rights-of-way or in public parking facilities by valet parking operations or businesses. The ordinance clearly states that that is not legal, so what we're putting in a finding here is that it's potentially possible that the valet parking folks are gonna break the law.
I just, this is not a finding and I had the same problem before. These are opinion pieces that absolutely do not belong in an ordinance and I am unable to support anything that has nothing but opinion to it. I made that point last time. This is not an ordinance. This is a public statement. And the problem with this whole procedure has been yes Leslie Hess and Tom Francis and anyone who wants has the absolute right to go out and get signatures, has the absolute right to turn him in to the city clerk. And likewise has the absolute right to sue the city and the city clerk if they disagree with the city clerk or the city's opinion on this. What is not okay is that this particular body Folds under that. I mean, so which brings me to another point and a suggestion perhaps there are a lot of retired lawyers in Ojai.
I'm suggesting that we ask if any of them would be willing to work pro bono to have summary decisions In other words, this could have gone to a court asking for a summary judgment and we would have gotten that back immediately. We would not have been working for the next 18 months and God knows how many legal hours we have spent towards this. So you know the whole process has been completely askew Generally, if there's a problem it comes before the body and the public contributes and has a sense of working through this with us.
In the end I do believe that our city attorney did a very good job in trying to negotiate this but in the end it really wasn't his job to do that. This was the public's job to weigh in on what they wanted on a valet parking And as far as the soul goes, right now my soul, as they say in A Natural Woman by Carole King and a lovely rendition by Aretha Franklin. My soul is in the lost and found right now. I do not know where the soul of Ojai or where the soul at this council actually lives. We're sowing the seeds of our own destruction in this kind process where the people have no part of it, where it's all lawsuits. We're eating ourselves apart and it's very clear to me that that is what is occurring with this particular ordinance and with other ordinances as well.
The people had no part of this. These findings are an opinion that has no part of being here and I don't know... At some point You know, people do threaten us with lawsuits all of the time. So once again I suggest we get a whole list of pro bono lawyers, retired lawyers in Ojai who will do the work for us and actually save us some money. Of course then to go through our council themselves because once we start looking at how much all of this has cost us it's just gonna be It's going to be sad, and so this whole process to me was twisted and contorted. And it was a twisted and contorted non-democratic process that I'm ashamed to be a part of.
Excuse me, Mayor. I'm going to ask you to
do your job. Could the audience please be quiet? Thank you and refrain from any comments. Are you
finished? I think I'm finished. You know, I'm not going to vote for anything that has findings and a bunch of opinions. I simply will not do that. That does not represent the majority of Ojai. We have no idea what the people of Ojai actually believe. And these are opinions, not findings. It's sad.
1:08 – 1:2445 turns
So I would like to go through the ordinance. I have some individual points and to be honest, I'm undecided completely undecided how I'm going to vote at this point Because I agree very much with Rachel's observations and comments that we want to avoid a lawsuit at all costs because then, you know for the reasons already stated. I also completely agree with Councilmember Leslie Rule that the process was all wrong And I want to, what I would like to do, my chances of voting for this would be greater if we eliminated the first three points.
The first point, I actually believe this is true but I don't believe it belongs in the ordinance. It sounds like something I put in my platform when I was running for election You know, and I've lived here for 67 years. I love our small-town character with all my heart and soul, and in my own way, I've worked very, very hard through three terms on the council to preserve it. But I would like to strike that because that's a phrase we could put in front of a lot of ordinances. To me, it doesn't belong here. And then the second part about the formula business ordinance, I was involved with the original group that brought that forward. We never based it on a statement. The signatures that were gathered were based on a statement on something that somebody was told The formula business was adopted through the right process, through the planning commission, through public hearings.
The businesses attended. It was the right process. It had nothing to do... Nobody was doing lawsuits back then. This was in I believe it was early 2000's? Yeah because I was off the council at that point and then the last time that it came for What's the right word? Not renewal. Adjustment. It went through the correct process. We had a public hearing at Kent Hall, the businesses attended. I mean the businesses should have been part of this process all along and if you were but now they're growing tired of it So to me, this makes sense. If you start with item four, you could say off-site valet parking impacts Ojai residents and their neighborhoods by possibly increasing... I don't know. I would even strike that because I'm not convinced that it increases the number of trips.
I honestly am not convinced because when you...I lived at 206 North Signal Street for over eight years which is practically next door to the El Roblar Hotel Parking lot and every time there is an event farmers market, whatever event the entire block is wall-to-wall cars I accepted that living that close to town. I had the benefit of being able to walk in five minutes to the down into any almost any place in town The price of that is that people park in front of your house. So to me, one of the unintended consequences if we're not careful with the language is we're going to have more and more neighborhoods asking for signs that say parking only for residents. That might be a separate discussion but I could see that everything in life has pros and cons My job is to look at the pros and cons, and I am doing that with all the intelligence that I can bring to this.
That's why, at the moment, I see very clear pros and cons to the ordinance as written. It's greatly improved, no question about it, and I too am very grateful for the adjustments and the acceptance of the plaintiffs for those adjustments. I think everyone sitting here agrees that we never wanted valet parking allowed on the streets or in public parking lots and we don't want big city kiosks.
So yes, if you start with the first part with some editing You know, I would to me that makes sense. That's the starting point is number four The kid you want to read it the rest and tell me if you might consider that Well,
I think it'd be good to hear from everyone.
Okay? Let me let me go through And then I oh, you know, I already did ask the question this does not impact shared parking And I don't think it even impacts shared parking, valet shared parking? How would that work?
What do you mean by shared parking?
Okay. Shared parking is well for it's easy private resident can if they live near say a church parking lot they can lease the parking lot for their event. That's the city. Private
leases are unaffected by
this. Yeah but say that we have on you know the city has I do not want to see any more parking lots built. I don't want to see parking capacity increase, but I do envision a future where we will remove the parking from parts of Ojai Avenue to create bike lanes and alternative vehicle lanes. We will never have the kids I think we need to protect the number of parking that we have.
is changing across the United States. There are numbers of books written on this. You go to, for example, to the site Strongtowns. Parking is going through huge... The way cities are thinking about parking, cities recognize when you increase parking You're in increasing the car, the already car centric infrastructure. You're inviting every time you increase parking, you're making it easier for somebody to drive to town when people that live three blocks from town realize that it's going If they live close to the Arts Center, for example. They end up parking further away from the Arts Center than if they had just walked. Pretty soon people figure it out that maybe they should have walked or ridden their bicycle, okay? We're looking at this in isolation but I have a vision for the whole future walkability alternative transportation.
We do not know what that future looks like. We don't know how self-driving cars are gonna impact all of this. So back to the original point, I almost lost it but I'm coming back. If I were writing I would like delete, delete, delete. Shared parking is where business and they're already doing this there's a number of businesses in town For example, there are restaurants that are open certain hours and there's a hair salon that is open certain hours. And the two of them have gotten together and they allow each other's business instead of saying parking for this business only it's a shared parking.
They can the bank the bank parking lots are empty on the weekend. We could use that parking we could negotiate It might take some work and it might take you know, conjuring up their
community I'm gonna ask you to focus on the ordinance.
Yes, but I'm thinking but okay so my this disorderness does not impact that At all unless
anybody can do shared parking arrangements like a bank or leasing its weekend parking to the restaurant next door. That's unaffected by this ordinance with one big caveat
yes
it's got to be self-parking
so okay
is there in the zone as defined the onside valet parking they couldn't do offsite valet But they could have self-parking, so the restaurant could lease the space next door from the bank for restaurant patrons to walk park and then walk over to the restaurant. Again with the 500 foot caveat but next door will be within 500 feet.
Yes but we're going to be looking to see how this impacts people with mobility challenges or people who may need valet parking if they park for an event you know at a shared parking spot that might be you know a good 15 20 minute walk from the location
That's part of the second piece of the puzzle, is the needs assessment for mobility challenge persons. We're going to take a deep look at that question.
We're going to look at that needs assessment? If the council approves it, yes. Okay so I actually like Jamie's idea of...I know some people think six events is too much but I would be good with some kind of process And that would go through the Planning Commission?
That's up to Council. We could provide more than six permits, more than six permits may be approved by the Planning Commission and then develop some regulations for that standard. We look to Council direction on that one. Staff has no preference.
Also the language here it says permit applicant does not at the same location but what if they want to hold it at a different location how do you handle that?
It's tested six times per year, per property. For
property? But what if they want to go to a different location?
Then they get a different six count. So if I own two pieces of land in the city, I own a restaurant and another restaurant.
Okay.
Each restaurant gets six total. Six for this restaurant, six for the other restaurant.
Okay, I wanted to be clear on that. Okay. The next point is great, F. Okay. Now the language where every time it says that for example G number 1.1, it's on page 3, where it says shall not include bicycle or electric bicycles defined by California Vehicle Code Section 231 I would like to add or other You know we used to be able to say human powered transportation that would cover scooters, all the crazy things that kids you know we've got senior citizens going straight up north signal without walking. They're standing up on these things so yeah that's what it's called I would just so there's no mistake it doesn't include You know, people drop those things off when they go to an event.
Let me explain. For example, when we had Ojai Day, we used to provide valley parking for all non-motorized vehicles. So is it implicit that bicycles includes everything or do we need to say other modes of alternative, less polluting alternative transportation just to give it the right idea?
There's no harm in adding that point but I would note that vehicle is generally defined not to include scooters and segways and things like that. So the definition of vehicle, which triggers the valet standards is where that gets picked up. But I have no objection to adding it plainly if you have that concern.
And
Nohai Day also has special city permission because it's a city event so that's something different.
Okay, so again, I realize we can amend this ordinance in the future but vehicle actually we want people to think of those modes of transportation as a vehicle and have them obey the rules of the road One of the problems is that people in this car-centric society, they didn't grow up on the back of a bicycle or with good role models. They think of a bicycle as a toy and it's really a vehicle and it should be, in my opinion, There should be, you know, a test. Kids should have bicycle safety education. It should be.
Those are great points for the school district on the education point and the state on bicycle licensure. We can
add language. Stick to the ordinance. Okay so in the ordinance...
We could add language that would read as follows. Subsection G1 Which ends with vehicle for purposes of this section shall not include bicycle or electric bicycle as defined by California Vehicle Code Section 231, nor any scooters whether motorized or human powered. I think that meets what you're looking for.
Or other, there's more than scooters. There's so many
things. What else are you? I feel like I'm maybe missing something here. Yeah, you know scooters is good. I was trying
to think of a term. The term used alternative transportation vehicles. You
want to stay away from vehicle because alternative transportation vehicle.
Alternative
or other
alternative modes of transportation. Is that acceptable?
That's a little too broad
and everywhere that appears Yeah,
how about nor any scooters or other small mobility devices. You want to stay away from alternative modes of transport because an electric bus is an alternative mode of transport and we don't want we want to
regulate those. Maybe you can
research. Can we run through the chair? Future
regulation, okay page 1A, page 4 of 6 attachment A Where it's H, where it says future regulation of valet parking. Do you see it? The city council may adopt additional regulations of parking so long as any such regulations maintain these prohibitions on the use of public right-of-way and public parking facilities and requires all parking and temporary storage of vehicles parked by an operator valet parking activities to be located on the same premises as the business that provides the valet parking.
I just find that a little bit potentially problematic. Because for you know like I would like, for example, I know you don't want me to name any business but we've got a movie theater with no parking right?
1:24 – 1:3835 turns
Yeah.
They need guarded valet parking. So people go up to the door, somebody takes their bicycle to a secure-
Bicycle isn't affected by this?
Okay.
Nothing in this affects bicycle valet parking.
It's
all about cars. This
is about cars
and
not bicycles. My mistake. I just need assurance. Thank you very much.
Can I ask a question about the scooters? You know, there are some scooters that are gas-powered so Susa are you are you saying just like that's
why it's tricky.
Yeah
That's why because it used to be that all these Alternative modes were human powered, you know, but now they're electric and gas
Right. Did you have two big choices here? Choice number one is to leave things other than cars and bicycles to another day Choice number two is, as we were talking about, to make it clear that this ordinance doesn't regulate bicycles or anything other than cars and trucks and vans and vehicles. So those are sort of the same thing just whether you're expressly or implicitly excluding non-cars and non-bicycles.
Let's let's hear from councilmember
Whitman. Um, can I ask a really quick question based on Susan's question please? Future right so I'm going back to age Yeah future regulation of alley parking the City Council may adopt additional regulations of parking So long as any such regulations maintain these prohibitions on the use of right-of-way in public parking facilities So basically what it's saying is that you can make tighter regulations, but you can't make looser.
That's what I'm reading it to be, is that you have to maintain these prohibitions. What does that
mean? That's what the language says exactly. However, the council can always amend the ordinance at will to drop that. Okay, so okay.
All right, let's amend it now.
Okay. Thank you Let's say councils once a current council is declaring its intent to the future Council But because this is adopted by council at will, by three votes or four or five. It's amendable at will by three, four or five. Okay
that was actually my question thank you. Is it amendable in that way? Let's
give Council Member Whitman a chance. Yeah but I still don't understand, I'm sorry. It explicitly says that a future council can't change
this. No of course they can because its adopted as an ordinance.
So why
would
it
even say
that if its not true?
Its the current council expressing a preference to the future council but the current council can't tie future council's hands. But it also could be deleted, this language doesn't... It's the current councils direction to the future council but it's not enforceable because anything adopted at will is amendable at will.
I would strike that.
I would too. Council Member Whitman.
All right. So let's see. I think it's important for people to understand that we have parking requirements. That attached to businesses so each business is expected to provide a certain number of parking spaces. And I there's a really good illustration of that concept in town while I was on planning. The Pleito project which is where Jim and Rob's is came to us it was a fortress, Two stories tall the entire lot and The Planning Commission and planning staff kept coming back to the applicant telling them that you need to balance your parking spaces to your Business space and That's Kind of a good visualization of what is at that?
Space now and there you know, there are six businesses and there's like this interior parking court so The valet parking thing that we're addressing is Partially an extension of that concept, that businesses are to provide parking for their customers. I disagree completely with the idea that something went awry with the procedure here The effort was made to bring a parking, a valet ordinance to City Council before the current city council took their seats and they were not allowed to have a public discussion. And so as a result of that the proponents decided to come forward with an initiative And the initiative gathered possibly a sufficient number of signatures.
I would say it's not a lie to say that there were 600 signatures, but maybe it's more accurate to say that there were 600 signatures that never got to the point of verifying that they were residents. But in any event, The net you know this the procedure is pretty important because we as a body there was certainly some disagreement within that believe that it was in the city's best interest to not allow the initiative to go to court and also in the event that was successful, we did not believe it. It was in the best interest of the city that the ordinance Well, that the city voters would then vote because it would remove our future flexibility for regulating parking.
And so we as a body asked for the negotiation to take place. The negotiation did take place And actually, you know went back for a second round of negotiations that I think created A lot more balance coming out of the proposed regulation. I Like the idea now that we're allowed flexibility to adjust this in the future and I think you know there's been some criticism of paragraph one of the findings.
And I, you know, I've been reading the general plan. I'm pretty sure that it doesn't use these words but The general plan, I think Matt you can correct me if I'm wrong because I don't have it in front of me but I'm pretty sure the general plan says that we value our small-town character. I believe it does have language along those lines, not this exact language but similar So I don't find anything wrong with having that type of statement.
I'd be open to the city attorney looking at our general plan and trying to conform paragraph one as much as possible to what the general plan says about small town character And I'm not sure why there would be a problem. Paragraph two might be superfluous, but I don't think it makes a difference one way or the other. Paragraph three, I think expresses some of the things that at least the second of the two sentences expresses something that I think Sunset has been promoting and something Rachel has said was a part of the negotiations and the discussion and her support so.
I guess what I would say is that I'm open to paragraph one being amended in a way that conforms the language to what's in our general plan, subject to the approval of the plaintiff. And the rest of what I would have to say is The idea that we haven't found a need for valet regulation at this point in time is a two-edged sword because we also have not historically thought that valet parking was, you know Noticeably absent from the events that we hold, you know Libbey Park every year Holds that music festival.
I don't know if we have a bigger event than that But we managed to get people here they find parking They get to their events and Valet parking is completely unnecessary and it causes people to walk past all of our businesses, you know, to get there. And so I'm very much in favor of the ordinances drafted recognizing that if Our experience with it and our experience with how Ojai evolves tells us that we need to do something different about valet. We'll still have the flexibility to look at that, but I'm satisfied with what we have here.
Thank you. I would like to just thank our city attorney for working on this. It's, I think you did an excellent job and we really appreciate that working on this. And I would say this is an example of good governance in that you brought the parties together. We have the Council Member Lange, we have the inn, we have our city staff, our city attorney, the initiative proponents, and all came together And Mayor Pro Tem and in that there was a compromise and collaboration. I think that's an example of working together in community to come up with something that will work for most of us, and I agree with what you said Councilmember Whitman about looking at our general plan and that line the value small-time character is clearly in there. That is a huge part of who Ojai is The idea that this maintains social equity I believe is really important.
You don't need money to park and it's free and open to all, and I think that really is who Ojai is. That we are ideally a diverse community from different economic Backgrounds and we that's what we promote. I think that You know the idea that this promotes foot traffic is huge that people park their cars they walk by local businesses And I'm sure the local businesses really Support that and want that and then the 550 people Yes it Those were 550 people or so who were concerned by the potential growth of off-site valley parking. That's why they signed it, they wanted it to be discussed. It was not allowed to be discussed at a council meeting, so that was important.
And I think our primary goal tonight is to come to some sort of conclusion. We do have a time limit and I just thank our staff and Matt you've done such a great job I think it's, and at the end is agreeable to this. I think it's huge and I think that the direction to direct staff to conduct a feasibility and needs assessment is a great idea to figure that out. And that would be, that needs and feasibility assessment, that would just, that would run through the city which means it would not be private interest. It would just be something, a service that we would be providing For our residents. So, I'm not done either so could I finish speaking? Yeah
but I was afraid you were gonna, yeah okay.
Good? Okay. So I think all these people have made some really good points and look at the overwhelming majority of people who came in who called in don't want valet parking they like this ordinance and I think that the idea that we can change it future councils can always change it it's flexible versus going to the voters. So I think this is a real win for residents, and as Jerry Schwenke said, people above profit, and I think this is an example of that idea. Is there someone who would like to put a motion on the floor?
1:38 – 1:4527 turns
That it's true that you could not have put this on the agenda and allowed public discussion. Correct me if I'm wrong, but you only attempted to put it on the agenda once during COVID at Libbey Park and at that time you wanted to move it to the front of the agenda because of the number of public speakers Well,
what happened at that meeting is that there was a motion and three council members voted to take it off the agenda They did not want to talk about it. So Let me finish my sentence they took it off the agenda So we couldn't talk about I wanted to take a poll That was the idea We did not talk about it because three council members would not let us discuss it
Well my experience has been I have never had any trouble putting anything on the agenda if I really want it on the agenda. All you would have had to do was bring it back and have 20 public speakers ask for it to be put back on the agenda. I could have gone to one of those three I would have been allowed to do that and convince them that they should put it on the agenda.
I just want to go publicly state that your logic, I question it. I'm allowed to say that. I believe with all my heart that this could have been put on the agenda. Okay? You
can... Well then I guess the question would be why didn't you put it on the agenda?
I did not see it as a problem that needed, I supported. You already knew that I supported putting it on the agenda. My question is why didn't you try harder to put it on the agenda? But if you, I think a reasonable person can say that the process was fine but I object lawsuits and, you know, unnecessary lawsuits. I don't think it ever had to go that far. I don't believe that. My other point is that it's not that I object to the first statement. I believe that statement with all my heart and soul but I object to its implication that valet parking somehow would have a negative effect. I don't think that has been proven You know, that regulated valet parking would somehow impact our small town character. What is impacting our small town character is the lack of traffic management.
We're not managing our overall traffic and if you really are sincere about equity we would have public transport every 10 minutes by now. If you want equity improve public transportation create a lifestyle where people are not Car dependent, create housing so that people don't have to drive from Oxnard to Ojai. All of that is impacting our small town far more than valet parking. To me, valet parking is almost a non-issue, something that the Planning Commission can regulate. Not that I object to fine tuning this ordinance but I don't feel that it's Thank you.
I'm gonna suggest that we get a motion on the
table. Yes, thank you So with credit to miss Wyckoff my colleague We've done a little bit of research and have some suggestions for that discussion about The non card as points so if I could propose some language that would be adjusted so this is subsection g1 Valley parking defined as it states there now vehicle for purposes of this section I So we're on subsection g1 on page 1-7 which is also attachment a page 3 of 6.
Okay and where are you?
About the middle of the page, subsection G definitions
okay
the next one down subsection 1 valet parking.
Okay
so that last sentence would be revised to read vehicle For purposes of this section shall not include, colon, bicycle or electric bicycle as defined by California Vehicle Code Section 231. Electric bicycle as defined by California Vehicle Code Section 312.5. Electric personal mobility device is defined by the California Vehicle Code Section 313. Electric motorized board As defined by California Vehicle Code Section 313.5, nor any other mobility device moved exclusively by human power.
And credit again to Ms. Wykoff for the research on that. So that's going to allow for future regulation all of those things as desired.
And when we get to motions, you will say that language. Correct? We'll
restate that. And then the second piece having heard the discussion tonight I would concur in deleting subsection H it is not legally enforceable and that would eliminate confusion The City Council can regulate, can revise this ordinance at will. It's adopted by a majority, it can be amended by a majority. So I would concur and staff recommendation would be to drop subsection H, future regulation of valet parking and renumber the following section. Does that require
approval?
I would expect the plaintiffs wouldn't have any concern with it because they realize the reality is that this being adopted by council by settlement is amenable by council at will.
** Let's have a motion on the table and we can go from there.
** I'll make a motion to ask staff to return with the ordinance considering the language changes that you just mentioned for subsection G and H, Can I? Yeah, go ahead.
Is that a motion to introduce the ordinance?
Yes, yes, yes. I apologize. A motion to introduce the ordinance
and do those changes require it to come back for a first reading? Are those de minimis enough that this can be the first
read? This is this could be the first reading and then the next time on consent would be the final adoption with all the changes written in right now
And is there a second to that motion?
I'll
second.
I have a couple of Let's take turns everybody councilmember rule, thank you
1:45 – 1:5427 turns
I can't get over the findings here, which I consider to be opinions that have no place in an ordinance. They may be true for the majority of people but I don't find this kind of opinion in ordinances. I understand the reason why people want to put them in there so I would ask you, have you seen this kind of narrative Is it a standard in our ordinances that there is this kind of narrative? Nobody disagrees, we all pass the general plan.
But my problem is that these are opinions and they don't belong in a legal document and it isn't ordinance, it's a legal document. I don't think it affects the ordinance at all But that's part of the process that I'm talking about here where we have an ordinance and all of a sudden We have you know, three or four paragraphs however You want to look at it one of which is just simply wrong and presents the possibility of use of scarce pop? Yeah, I mean that that's against what is in the ordinance itself this line, you know if Contradicts what's in the ordinance itself, which is you can't do that.
So You know I mean it's this is somebody's opinion It doesn't belong in an ordinance. It belongs in a general plan and so my question to you City Attorney summers is this normal for an ordinance to have a narrative? structure around it that has no basis, in fact.
So the typical situation for an ordinance is not to have findings except for First Amendment ordinances which legally require them. It's not unheard of however and it would be fine legally to keep them or remove them we have no concern that they're removed
Yeah, the question's not legal. The question was more like is this different than how we do ordinances? And if so, is that something that we want to promote because this was essentially a very small group of people who put this in and it is now an ordinance that the entire town of Ojai has to abide by and covertly agree with So
Hold on once. Do you want to answer that
question? Most of the ordinances city jobs don't have findings of this of this type That's correct, whether it up in or not as a council choice
Hey just come through the chair mayor Pro Tem was next then we'll do comes from relying and then Councilmember Whitman
if we started the ordinance on page two Where it says purpose That would be perfect in my opinion because the rest I Agree with councilmember rule about the rest even if I believe in number one with all my heart and soul But it could start the purpose of this ordinance is to implement an amendment To the municipal code that regulates the parking of cars by Valley Parking operators or businesses, and then you can read the rest to me. That's very clean clear And I could vote for that
Councilmember Lange and then Councilmember Whitman.
Well, I'm wondering if there is a way to add language under the findings instead of so to piggyback on what my fellow council members requested. To add in accordance with the general plan or to use language that to change some of the wording of like consolidate findings one to four and draw language from the general plan That would take out the opinion, the nature of opinion.
It's just a matter of timing.
OK,
we would recommend something with clear language tonight rather than coming back. Let me let
me propose this. We leave paragraph one because I think that is just kind of a restatement of the general plan. Yeah, we leave the second sentence of paragraph three and we leave paragraph four. None of those say anything about Values they they they tell us why? Self parking is important and they tell us why Multiple additional trips is potentially negative those. Those are appropriate findings to make
Okay So just a sec, we have a motion and we have a second Can we have one more round of comments and then we'll vote councilmember rule
Yeah, I mean you know if you wanted to say residents of Ojai value that's fine Number two there's absolutely no reason to have that there You know we know what the ordinance is intended to do encourages people. This is once again just all, you know it's just all pontificating but finally on four we have no way that statement off-site valet parking impacts Ojai residents and their neighborhoods by increasing the number of vehicle trips to and from a business First of all, that may be true. But what valet parking does avoid and I'm not in any way suggesting that this is a good thing but it stops people from driving around looking for a parking place and putting in parking in front of your house. My point is that there's a pro and a con here and we're really not being fair in what we're actually saying around the evaluation of this And secondly, after the comment and presents the possibility of using scarce public parking spaces on public...
What does that even mean? There's a possibility that someone is gonna park on the street. The valet parking people are gonna park on the street. That is in contradiction to what is in the ordinance and number two almost no valet parkers or valet companies allow that. So to me, that's really bad. That's just bad ordinance,
you know? Are
we
finished? I just would like to remind, valet turns two trips into four so it doubles the number of car trips because drop off pick up, drop off pick up. Anyway, how about one more comment from Councilmember Mayor Pro Tem and then let's vote.
I lived in the downtown core. I know people circle around the block looking for a parking space. I do not agree that this is always true, increasing the number of vehicle trips to and from a business. Some people might even walk back to their car. You know, they might pick up their keys. They might like the town so much they want to walk back I do not think I mean I would love to vote for all the good things that are in this ordinance But I think it's much cleaner if you strike all four items and begin on page two We have plenty of time to promote all these other ideas If that's what you believe you can write an editorial but it doesn't belong in the ordinance Councilman
Berlin did you want to say something?
Well I was just going to see if we did, going back to Council Member Whitman. I was going to jump in before you said to write call four but I was going to see if we could have the one, include one and then instead of four or instead of two just that second line in number three. The ordinance encourages people to self-park and stroll downtown Thereby increasing foot traffic passing by local small businesses. So number keeping number one, which is in a line In alignment with our general plan and then just that second line of number three So we'll omit number two will own met number four and will omit that first line in number three That
seems
like
we're taking a lot out of the ordinance. That actually is the I
The
rules are the rules that come after that don't they don't begin
until section 3 so I'm I'd support what
1:54 – 1:5920 turns
Councilmember Lang Has proposed if you want to amend your was your motion in the first place.
My motion was to adopt the ordinance with the modifications Suggested by the city attorney for subsection For for section 10 dash 2 dot 14 4 1 4 1 1 dot 5 subsection G One and subsection H. And then with the modifications we specified under the findings.
Okay, so we have. I
can summarize that briefly. So as I understand it would be to introduce the ordinances proposed with going in order some changes starting attachment a page 1 which is the first page of the ordinance keep finding number one delete finding number two Keep only the second sentence of finding number three, delete finding number four. Next page in section B2 purpose adjust as discussed earlier the western boundary of the area to be the intersection of the city boundary at Creek Road And then on page 3 of 6 modify subsection G one.
For purposes of this section does not include Bicycle electric bicycle Electric personal mobility device electric motorized board or any other human powered mobility device With the subsections as read earlier and then the next page page four of six to delete subsection H And we number the following section.
Okay, and is there a second for that motion?
Yes.
Okay. Could we have the roll call please Weston?
Yes, mayor May Pro Tem Francina
Yes, with the understanding it's the first reading.
Roll-call vote Passed 3–0 motion? Yes. Okay. Could we have the roll call please Weston? Yes, mayor May Pro Tem Francina Yes, with the understanding it's the first rea · 2 under review
Show transcript
In the spirit of compromise, yes.
Okay, motion passes 5-0. Thank you very much. Council Member Lange did you want to say
something? Can
I
make a second motion? Sure. To ask staff to come back with a feasibility study identifying the needs for parking assistance We have a feasibility study for the needs assessment and feasibility study for mobility challenged individuals. And parking options for those people.
Is there a second for that? I will second that.
You know, expand on mobility challenges. What about a mother with a newborn and three toddlers and a dog? And she'd just love to get out of her car. You know some kind of, when you bring it back let's consider not just the elderly with a walker or whatever but expand it. I'm just winging it. I haven't thought about it too deeply.
Do you have in mind that these would be people with a handicap placard? I think
what we're looking at on this one is both persons who have a handicapped placard from the state but also persons who have mobility challenges that for a lot of reasons have not secured a disabled person's placard. And that typically comes in two flavors, or two situations, not flavors. Temporary situations where somebody's got recovering from surgery has a cane for a month but hasn't sort of done the paperwork. Or too there are folks who have mobility challenges and for a lot of reasons rooted in personal autonomy and personal choices have not gone through the process of getting a placard So the idea is to look at placard persons with a placard and that larger category And if the council so chooses we could expand to include Broken legs Family family situation something like that.
Okay, let's keep it
as expansive as we can
just okay Well, we have a motion and we have a second councilmember Whitman you second that no Okay roll call please Wesson
Roll-call vote Passed 5–0 Moved by Rachel Lang motion and we have a second councilmember Whitman you second that no Okay roll call
Show transcript
1:59 – 1:592 turns
passes 5-0.
Okay wonderful all right well thank you all for a productive meeting thanks for being here on a different Tuesday we will see you next week we're adjourned