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Tuesday December 17th of the Ojai City Council. Let me read one note before we begin which is at special meetings as is today, the city council allows for public comments on notice agenda items only in accordance with the Brown Act so we will not have general public comments not on the agenda today hopefully that was clear for everyone Mr.
Roll call — called by Weston Montgomery
Show transcript
Thank you. Welcome here everybody and thanks for making a special effort to come out to our one item for tonight, Pickleball Hours and Measures at City Hall. And we will begin with a staff report. Mr. Harvey?
Thank you, Mayor. I'll make this brief. The Ojai Pickleball Act was approved by the voters at the general election in November. Since that time it has been certified by the Ojai City Council. That was on November 10th. It is slated to go into effect on December 20th. One challenge that we face as a city is the act is silent as to what the hours for the pickleball courts shall be. I wrestled with this topic quite a bit, scouring through the Ojai Municipal Code and policies and procedures.
We have released information to the council going one way, going another way trying to decide what the hours should be but the bottom line is The city manager does not have the authority to set the hours for the pickleball courts. It's a recommendation according to the code from the Parks and Recreation Commission, but ultimately you as City Council have the authority to make that determination. So we have in front of you tonight a proposed resolution.
I've characterized it as a starting point. The resolution basically uses the hours and the measures that were in place at the time the courts were closed because Sewell Park Pickleball Courts opened It does not mean that has to be the proposed hours or measures, but I figured council needed some place to start from and so that is where we are beginning tonight. I don't feel the need for your benefit to recite what those hours are. You struggled over them for a long time months ago, but I think that's really all I have unless the city attorney wants to add anything to what I've said.
That's a good summary of
it. We're available for questions as they come up. Let me ask the question, and it could be for now or later, whatever you think is appropriate for either one of you. Can you clarify the role of the Parks and Rec Commission in relation to the council? Because we've seen several things go past.
It'd be
nice to be on the same page
there. So the Parks and Recreation Commission, like all city commissions and boards is advisory to the City Council. The code has tasked the Parks and Recreation Commission with setting the hours for park facilities but ultimately it is for you to approve because they are advisory to you.
Agreed. All commission decisions in the end either directly or on appeal come to the council. Any
other questions for staff?
I have a couple. I won't go into whether or not the code actually says that, because that's a pretty clear code that Park and Recs determines the hours and for instance in Planning Commission it says the Planning Commission determines hours But can be appealed or overruled by the City Council. So there is a direct and absolute connection between the Planning Commission and the ability of the City Council to overrule, but that does not exist on the Planning Commission. I mean on the Park and Rec's commission, but that's not actually... so that's just one point I would make.
The pickleball courts have had three times, three hours and days in their history. The first was open dawn to dusk seven days a week. The second was based on an MOU two to three years ago that was, you know, hammered out. That was for I think three years or whatever it was—I'm not exactly sure because it predates me—that it would be all days But the hours would be 8.30 to 11.30, and winter would be 2.00 to 5.00, and summer would be 2.30 to 5.30. Then at the time that the pickleball courts were closing—that is a stopgap measure between closing the courts And opening the soul courts, it became extremely restricted. Which was two days you couldn't play at all. Sunday you could play for three hours.
You had to use owl paddles and so what it seems to me is that we have taken the most restrictive period ever and the shortest and made it the baseline from where we start. And I found that that probably caused a little bit of confusion amongst the community, that that was the chosen time because that was just a stopgap measure until the Seoul Park Courts opened. So I just want to also make clear that there were three time frames that we could have chosen from and we did not. We chose the most restrictive. And then I will point out well So I was wondering why that was.
Sure, I can answer that question. So you know, I understand what you're speaking to and those are all true things you've said but for me this is something that has to be decided by council and that's why we're here for the special meeting. I agree with having a special meeting to make this determination. That is my recommendation As your city manager, I'm just going from the last direction that was provided and it wasn't really for any other reason than that. This is the last direction provided. I understand what you're saying that it is also the most restrictive but it was the last direction provided. It's also the only direction provided to me during my tenure as City Manager
Fair enough. And then I have one last question for the City Attorney. Hithertofore, when those two reductions in time were made they never went to the Park and Recs Department so there was no recommendation for any of those from the Park and Recs Department. So I just want to point out that as well that you know There's a lot of moving parts here, there's a lot of processes that haven't been followed that have been followed that we don't understand. So I just want to sort of point out where those are and why did it never go to the park and recs because their only recommendation that they've made about pickleball was that you know the courts stay open, you build a wall and use blue paddles So that was the last recommendation from the Park and Rec's commission that never was formally either adopted or rejected from this council.
So it's once again more confusion, but let's get on those are my questions really is why didn't it? Why haven't we ever done that?
In summary, prior councils chose for reasons that worked at the time and are lawful to not have the Parks and Rec Commission advise on the settlement of a lawsuit threat which was the deal from 2020 through 2024. That was the City Council settling a lawsuit threat by agreeing to limitations on hours. That has of course now expired. That expired at the beginning of this year.
The other adjustment in hours the council acted on their own because in the end it's up to the council. And so tonight it's up to the council
If I can respond to this rule just to say, I'm not taking the hours as presented as anything special or in more concrete. I was hearing the city manager say here's a place from which to at least start from but not fixed in any way.
Yeah, I actually heard the same thing. But to articulate something is to make it more real than anything else so that is my only point.
Understood any other questions for staff? Yes,
I just want to clarify that if the Parks and Rec Commission is unable to act The city council sits in its place. That's my opinion, yes. And that and that's what's asking the city attorney as well but uh and that would be applicable as to any of our commissions that if we have a commission that's set up to handle particular issues And for any reason they're unable to act it remains the authority of the City Council To act in their stead
In the end, the City Council has the power. The City Council is elected entity There's some asterisks on Planning Commission regarding interaction with our code and state law But we're not talking about the Planning Commission tonight but in general if the commission can't act the council can act in its Asserting the authority of the city
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Anything more, Mr. Whitman? And then just to clarify one more time just so I'm clear let's the Parks and Rec Commission is meeting in 2025 they could come up with hours for any park we would it would then come it would tell me if I'm correct it would not come to this body although a council person could bring it up and the Council could discuss it is that correct?
It depends.
Okay, according to your code they have the ability to set the hours for park facilities. Park facilities are also somewhere else in the code defined actually to include a pickleball court because the code says that they have the ability to set the hours arguably one could say that if they make a recommendation that recommendation stands but ultimately it is a recommendation because in their powers the first statement is that their advisory to you
Mm-hmm, and there's also other language on the code that allows anybody who's unhappy with the decision whether council member or any other person To appeal any decision at the staff or Commission level up to the council So in the end it can come to Council which we've seen recently right? We've seen that in other contexts.
Mm-hmm
So just a quick clarifying so even I have only seen that in the planning commission context so that is also the case for the other commissions and
Correct, and
that's in
chapter four of title one appeals
great.
Thank you most often see section 1-4.05 which is a council appeal but the same language earlier in the same section allows anybody else to appeal And again planning commission tends to have its own rules. Yeah zoning is something different
yeah
Just just for clarification because that this seems like Maybe it's a whole or there's, you know, inconsistencies in the way that our ordinances read and I'll note for the record that we may have the perfect clerk to help us go through our ordinances and try to get everything resolved. I'm talking about Steve Quillacy, he has performed that function for the Planning Commission for years in terms of saying hey this provision is inconsistent with this but the point I wanted to make is It seems to be a unique situation that the parks and rec can set an hours of use.
And it can be implemented immediately, but that it would then be subject to appeal Or is that, am
I incorrect
in that?
So I'm gonna let the city attorney jump in. I am arguing that they can do that but this is the problem with the code. Okay it's a little unclear and if you don't like one provision sometimes you can go find another provision that contradicts what you just found Mr. City
Attorney. Yeah in total the code is 500 pages written over 100 years so it's not all consistent. I'm not giving up anything we don't already know. Every line of the code is not consistent with every other line of the code There is sufficient support, though for me to give you my advice as your city attorney that all decisions are appealable to the council. There is code language that would support the Parks and Rec Commission making an hours decision which staff would then implement but immediately on appeal to council. There's other language that could support the manager deciding in this kind of a context to take that as a recommendation and not implement it until the council has acted again at all roads lead to the council,
the parks and rec manager in that context that you just said or you mean the city managers? I see. Yeah.
But then ultimately for what we're doing tonight. We're the board that has authority to make a decision about hours.
Correct, and any other aspect of the pickleball subject?
Such as sound mitigation etc.
Correct and then one of the key options is already noted but worth repeating is the council could adopt tonight if desired an interim set of rules and then ask also task the Parks and Rec Commission with coming up with a recommendation to come back to Council for further discussion for a more permanent set of rules In other words, your decision tonight doesn't need to be the end of this discussion. Not that we need more special meetings than pickleball but if this isn't the be-all end-all, the council can absolutely have the Parks and Rec Commission study this matter in detail and then come back to Council in the future once we have a commission seated.
Anything else?
I just want clarification, because I think I've read so much stuff the last few days. Did I read somewhere where it said that the pickleball courts at City Hall are not considered a park? And that's why
there was questions. That was our original opinion. However, we have since found language in the code that actually defines what park facilities are and included that it would be a court. So it's a park.
It also says pickleball courts at Libbey Park and a big bold city sign right there just as an FYI more inconsistency whatever
another project long term we could make the code all match but that's a much harder project
in our free time,
right?
Wonderful. So we are going to open it up to public comments and I have the tiniest preamble, which is I was thinking about this for the past couple of days. What I'm hoping we could do is talk about what is in front of us today, which is we have a Measure O that was passed and we have what's in front of us. So I'm hoping that obviously you can say whatever you like, but what I'm thinking is it would be easy to want to rehash all of the conversations we have had in the past, but that's not what we're here to do today. So to talk about the sound testing, et cetera, is not what's on our plate.
Okay first off we have Brian Akins then Randy Roth and then Allegra Roth
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Good evening, Mayor, Council, City Manager, City Attorney. My name is Brian Akins I'm a 10 plus year commissioner with the city of Ojai's Historic Preservation Commission six and a half years as those is chair and two years as vice-chair I have been to, believe I've been to every meeting that has discussed pickleball. That meant a lot of cold nights over at Libby Bowl.
Really cold. I'm not here tonight to express an opinion just to share a few facts and insight of these landmark Smith Hobson grounds so sorry Mayor but i'm going to go back 100 years A brief history towards the grounds that became a city landmark. 1926, the conversion of the outside of the Hobson House to Spanish-style construction in the guest house is completed. 1928, Grace and Fred Smith, in case you weren't aware, the Smith-Hobsons permanently moved into the guest house at the Hobson. 1968, Grace Hobson dies. 1973, Fred Smith and his daughters Barbara and Helen Margaret Smith donate the Hobson estate to the City of Ojai. 1976, the Ojai City Hall moves in. 1981, Fred Smith passes away. 2017, Ojai City Council approves a resolution designating the Smith-Hobson Estate as historical landmarks.
And when we're talking about landmarks, we talk about character-defining features. So also in that same report it concludes with, it should be noted that at the completion of the Smith Hobson Estate in 1926 consisted of the main house, guest house, garage with apartment, horse barn, small cabin, tennis court, trellis picnic area, outdoor dance floor, miniature golf course and extensive gardens.
So just for history, that tennis court has been around for about 96-98 years. Not in the best of shape. In the 10 years that I've walked those grounds, I've walked the area over there when it was Dangerous to walk in the daylight. Tim Kraut called me about three or four years ago, said hey we want to repurpose. Repurpose is a great word that we love at HBC. The tennis courts to a pickleball court I said okay I'll hop in my car and I'll drive there and right the next thing I did was I googled pickleball because I had no idea what it was I also asked Tim Kraut, have you ever walked those asphalt grounds? Because to walk them in the daylight is dangerous. And so he gave me the different things. He told me what their plans were. I took it back to the Historic Preservation Commission to tell them about it and to see whether they would approve just in taking that concept forward and they did again repurposing.
Thank you.
Thank you Mr. Eakins. Randy Roth, Allegra Roth, and then Renee Roth. Triple Roths.
I'm Randy Roth, Ojai resident and an enthusiastic but not very talented pickleball player. First of all, I'd like to welcome Kim and Andy to the City Council. I am personally grateful to both of you for the service. Anybody who's willing to take on the burden of public service deserves our gratitude. Thanks. Thank you. I want to make a few observations. First, I believe in the rule of law and the value of democracy.
You might ask what practical impact these beliefs have on my life, and here would be my response. In the most recent presidential election, the candidate I voted for did not win. Nonetheless, on January 20th, I will accept the fact that the man who won the most votes—and not my preferred candidate—will be my president. I respect the will of my fellow citizens at the national level.
I ask that the citizens and public officials of Ojai respect the will of the majority who voted in favor of Measure O. My second point is that the words of Measure O are clear and unambiguous, quote, City Hall pickleball courts shall be and remain open to the public year round without any, any City permit or other city permission required, unquote. Given the strength and clarity of these words, the pickleball community would be justified if we chose to play at any time with any equipment with no limitations.
But because we are not unsympathetic to the sensibilities of our neighbors, of our own free will, we're willing to impose upon ourselves some limitations of schedule and paddle usage. As I said, we will impose these constraints upon ourselves not because the city has the right to regulate us but because we want to be respectful of our fellow citizens. Ojai has some important issues that deserve the time and attention of our elected officials.
The pickleball issue is settled. The people have made their will known.
Thank you Mr. Roth. You already know what I'm going to say. So yeah, please just so we can get through it because what we want to do is not have it where people feel uncomfortable to talk here and so let's just all respect each other. We're all neighbors right? So Allegra Roth, Renee Roth and then Bill Miley
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Hi, my name is Allegra Roth. That's a hard act to follow. I'm the daughter of Renee Roth and Randy Roth. You might not know them. They kind of stay out of local politics pretty behind the scenes. I grew up in Ojai. I went to San Antonio school. I went to Matilla Ha. And I'm back here today to speak in front of you about pickleball. Never never thought I'd be here.
I studied community development at UC Davis, I studied public policy at UC Berkeley. And there's a lot of overlap here with pickleball and everything I studied. And what I think of right now when I think about the resource that the city has right now with these pickleball courts, it's pretty impressive cities throughout the state cities throughout the country Are writing grants begging the federal government, begging the state government for resources to create what you have right here.
And what a privilege it is to have these this resource available to the public. And I think it's really great opportunity right now for the city to say we want to create hours that are accessible to working class families. People that work nine to five, they want to play on the weekends. That's kind of just like how working class America is and Ojai has the opportunity to make this space accessible for those folks. I could talk more about how much I love pickleball but I don't think that's necessary a lot of people are here to say that And I'll just close by saying, I think one of the greatest shows of leadership is to delegate and to know when your job is done.
And it does seem like this ballot proposition is clear on what you're responsible for and what you're not responsible for. And so I think, yeah, respecting the vote of the people, what a privilege it is to do that. And I urge you to do that tonight. Thank you.
Just do the quiet ones, that's great. So Rene Roth, Bill Miley and then Tim Kraut.
OK good evening council. I remember being here and saying please please keep the pickleball courts open on weekends because my family when they come to town and my daughter is here with her boyfriend who's visiting. They what's the first thing they want to do? Let's go play pickleball dad where can we play when can we play. I was here begging for those courts to stay open so that we could have weekend play. Now, I just want you to know, I was out playing pickleball today for the first time in nine months. I had knee surgery. I haven't been able to play. I was thrilled to be able to play with my family today.
And we all took the day off. We really didn't plan on having to be here to talk about Pickleball for this meeting tonight. This was the last thing we really wanted to have to do, to tell you the honest-to-God truth. But we're here because there are people who have continued to interject into public policy of our council, limitations and restrictions that go above and beyond the reasonable effort of people to try to make concessions and get along.
That's why we're here today. Unfortunately, that's why we're here. I really wish we could have been able to sit down get along and make some decisions but there were people who did not want to make any concessions whatsoever they wanted us gone from the courts Okay, so we're here today. We have many more options. I am not sure what the hours of play should be and what the limitations should be. I really hope you will support keeping the courts here in the center of town for children and families to come and play on Saturdays and Sundays. I think that's really important For our families to know they can bike ride into town, they don't have to go to Casitas or Soule Park. This is a community resource on community grounds with the City Hall being the center of our community.
It's a great resource and I hope you can continue to make that possible. Thank you.
Thank You Ms. Roth. Bill Miley, Tim Kraut and then Linda Wilson
Hello. My family has lived in Ojai City since 1968. I read the letter from the attorney, the pickleball players hired to draft the initiative and also who they retained to write a letter that's on their website about this meeting. What the hired attorney missed in the letter was the original concern about play on the Old Smith Hobson Tennis Court. Sounds that become noises when it reaches others beyond the pickleball play area.
Quick history, right after the initial play, it's about four years ago, noise complaints started coming to this city. Layman efforts were made by the city to build a rock wall with a screen on top, and then a three-foot wall along South Ventura Street. A screen above the three foot wall. Noise complaints continued over four years. Then the council agreed to work with the county to build five new courts at Soule Park, which we now have.
Interesting even the city administration touts the health benefits of playing pickleball even through the extent it helps with depression. They don't mention the injuries that's not the issue folks the issue is sound which becomes noise when it enters the property up to 500 feet away. Repetitive, interrupting, disturbing, maddening pop-pop-pop voices of players, waiters and watchers resulting in potential mental health issues including depression.
Owl paddles brought some less intensive pops The hardball sounds continue. The voices can be a significant part of the noise intrusion. How will the rules for paddles and balls be enforced? They can't with the rules that exist now. No one controls these courts daily and hourly. Owl paddles, how are they enforced? Softballs to play with, how will they be enforced?
Loud noises, how will they be enforced? So they're not allowed. The traveling sounds and noises are the issues. It's a noise that pickleball play creates that's the issue. Residents that live 100, 200, 300 plus feet away will still be intruded upon. Pop pop pop, voice voice voice. Likely, there will be digital decibel meters used to record play sounds in the future. By those of us who believe...
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Thank you Mr. Miley. Tim Kraut, Linda Wilson and then Brenda Kraut.
Good evening, Council, staff, Mr. Mayor. So my question tonight is why are we here? The people have spoken. I don't think that if we had lost, we'd be having this meeting. I don't think the opponents would be giving us any concessions had we lost And that's the truth. So why are we here? You're discounting the citizens of Ojai, the ones that passed this measure, the ones that put you Andy in that position and that's not respecting the vote of the people.
This council, the past council when Betsy and Susan was on it they had a chance at that time to negotiate. We couldn't negotiate it to deal with the homeowners actually we never had a chance to. We were never included in any negotiations at all. It always came from they had hired an attorney, the attorney wanted this that another thing. The city bent over backwards and put all those mitigation measures in When they got done, I asked Bill Wyrick. I said OK Bill all these things are in now what happens now? He said we've done everything that the neighbors had asked for.
Everything they never came to us and ask us what we wanted so. The council voted then to shut it down so we the public citizens got that initiative on And then the public voted for it. It's not about me, it's about the citizens in Ojai and they're telling you right now we want this. We wanted to stay but yet the neighbors are saying wait a minute let's back up. We want concessions.
They never would have given us one concession and we wouldn't be here had we lost. We would have taken our ball and gone elsewhere So tonight I want to close with Andy, you won the election fair and square. This is like Michelle telling you how to set the agenda. You see what I'm feeling like? You won the election. You're the mayor. But yet Michelle's going to come in and set the agenda. That's not right.
Thank you.
We talked about Linda Wilson, Brenda Kraut and Jessica McRae.
Good evening, my name is Linda Wilson and my husband and I have been residents here in Ojai since 1981. I honestly can't wrap my head around what's happening here two or three years ago $13,000 was paid for a professional sound study the Park and Rec Commission made their recommendations And what did they say exactly? What the people just had to force through by an initiative this month Just think how crazy this moment is. Your own constituents had to organize, gather signatures, mount an entire initiative campaign to make you do what your own experts recommended years ago.
It is time to implement these very studies you commissioned and then ignored. The sheer waste of it all is staggering. The waste of the taxpayers' money on ignored studies, the waste of countless hours, the citizens time energy to achieve what your experts already told you to do and now incredibly this is still somehow before you tonight. As if a voter mandate that perfectly mirrors your own expert recommendation needs what exactly? More decisions, more delay, more hoops to jump through.
The people not just a few loud voices the majority of the voters have legally mandated this action it's time to stop bending to the wishes of a few over the clear legal directive of the many I find myself standing here frankly astonished, having to defend a voter initiative that does nothing more than implement the very recommendation you had sitting on your desk for years.
I urge you finally please to listen both to your own experts and their constituents. Stop this and implement the initiative without further delay. The people have worked very hard to make this happen. The time is now.
Thank you. Brenda Kraut, then Jessica McRae, then Ron McRae.
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I've kind of the same opinion as Linda that I just can't believe that I'm standing here again and I really kind of take exception to the manager's explanation of why his staff report Contained the recommended hours that it did because I know all of you received the email from the opponents Demanding that you do something even though they did lose the election which seems to be lost in this whole conversation That you implement these hours The hours that were in the staff report was almost a mirrored reflection of what they were requesting and So we're still, I feel like this council, the staff is still listening to the opponents. They are acting like the opponents won this election and like had been pointed out before me is that it wasn't just a handful of people who put that ballot on the election, I mean that measure on the ballot We got over eleven hundred signatures from the citizens in Ojai to put that.
That measure on the ballot and then it was then it was passed. The margin of which is past has no relevance here there. It doesn't matter if it was one vote just like we pointed out with the mayor. It does not matter so I still feel like that we are being that we are not being listened to And I'm sure all of you have seen this letter from the attorney. It's been mentioned. He outlines the requirements and the content of that measure very clearly, and in fact there is one paragraph it says to the extent the city is considering giving into the demands of Measure O's opponents, especially with regard to limiting the hours and days during which the City Hall Pickleball Courts may be used or the types of paddles and balls that may be used. The addition of such new and different terms would amount to a permit or permission requirement would not be consistent with or further the purpose of Measure O Would not be consistent with measure owes liberal construction requirement and would violate measure owes amendment provisions.
So that's clear, I mean you have. You know maybe? I mean like Randy said, maybe we would be willing to make some kind of concessions, but if we do its concessions on our part. In fact, if everyone has forgotten here, I Thank you.
Thank you, Ms. Kopp. Jessica McRae, Ron McRae and then Denise is it's Keone Skippy?
Yeah.
Hi, I'm Jessica McRae. Welcome to our new mayor and council member.
Thank you.
I'm here to speak on the enforcement of the commitments That are stated in the ordinance on sound mitigation. Imagine being sick with the flu and trying to sleep in your home but you can't because of pickleball imagine trying to relax and read a book but you can't because of pickleball imagine leaving your house and getting sent into fight or flight mode because of the terrifying screams coming from the pickleball players true story happened to me Imagine what that does to a person's nervous system. These are those people's homes, this isn't a game.
The ordinance states in section B purpose and intent of the ordinance item seven our local community of pickleball players is committed to being respectful and responsive to the concerns of others including neighbors who reside near the City Hall Pickleball Courts. Item eight Our local community of pickleball players will apply state-of-the-art technology to mitigate sound and other potential adverse impacts from the playing of pickleball at the City Hall Pickleball Courts. And in Section D, City Hall Pickleball Courts Mitigation Commitment.
Those who use the City Hall Pickleball Courts shall commit to making reasonable efforts to adopt state-of-the-art technology, to mitigate sound and other potential adverse impacts from the playing of pickleball at the City Hall Pickleball Courts. The most effective sound mitigation technology at this time is the Owl Paddles and Gamma Librarian Foam Pickleballs. Per the ordinance, this equipment should be mandated in order to play on the city hall courts.
There should also be some sort of enforcement and of this technology by way of fine or removal of player if they violate the ordinance. In addition to this equipment those guttural screams while playing shall be removed from play just not making those alarming noises is the ultimate state-of-the-art Technology. The ordinance should not-
Let me interrupt for one second. Gang, audience please really what we want to have here is a place where everybody gets to come and talk and so if anybody feels uncomfortable coming here they won't come here anymore and we don't get to have a government. So I want to ask one more time please to give respect to the person who's speaking thank you. Please continue
The ordinance should not be ignored and these measures should be enacted and enforced. In addition, I have previously attended a council meeting and pointedly asked the question if the hours would remain the same as they were prior to the court closing. I was told by this council that that was the case. They would stay the same. I believe the statement released on December 11th was done without authority or an error.
Changes to play must be voted on by either the City Council or the citizens of Ojai per the ordinance section E amendment and repeal. I think I would just like the ordinance that was written to be respected.
Thank you, Ms. McRae. Ron McRae, Denise Skippy and then Lori Juntz.
0:42 – 0:499 turns
Nobody here is trying to stop the pickleball playing. That's not the issue, of course. It started four years ago when the City Council said let's just put a picket ball court right over here, Johnny Johnson and Randy. They had no idea what that was or how loud it was. Asked the question, is it loud? They said no. Tim said no. So the people on the south side of the courts there, the neighbors on there had a petition that started at 7 o'clock in the morning and went all day. You could not live there. It was impossible. So we tried to sue them but we were not listening to the people across the street. We had no idea, it was just South people and we got the new hours and then after that new hours were set then the people across the street on the East side, a whole group of them wanted this started again.
They had nothing to do. I got what I wanted on there of the hours that worked they wanted it to stop also So that's what happens, but you can't live with that noise. They tried everything they can to soften it, make it a little better, but no, you can't live there. There was 2,000 people that voted to not be there and then there was 2, 000 people that said yes let's have it over there in their neighborhood who cares? I don't care, it's not going to be by me. Those two thousand people that voted for those things. Would you like it across the street from your house? That's the issue, that's all we're asking.
We're not gonna try to overturn the election. No, we lost by a few points and there was a snake because we didn't have a rebuttal on there. If we would've had, if the council coulda got us a rebuttal to say something against on the election ballot, we would've won hands down. We didn't know what they were talking about But all I can say, it's not about having the pickleball player. They gotta have a good time. We're all for that. It's about the neighbors, the people that live across there. I've been there for 30 years. That's been a really quiet place down there. The people across the street, they're getting ill about what's gonna happen. If they had that back again, like they said on the newspaper, seven days a week, all day long...
Absolutely, no one could even live there. I guarantee it There's no enforcement about I go over there a lot of time and say listen that's part. It's closed Oh, we didn't know that how are you gonna enforce them? Anyway, it's not about pickleball is about the Neighbors don't they even care about the neighbors
Thank You mr. McCrae Denise Keown Skippy Laurie Johnson and Lisa Laramendi Hi.
Hello, good evening council members and mayor my name is Denise Cowan but only my mother calls me that okay I'm known as Skippy looking at your agenda I feel like you are accepting the hours equipment and days for pickleball at City Hall which were set by three neighbors and one property owner but we won the measure I feel the Ojai Valley Pickleball Association needs to set these according to the sound study that the city paid for after all we did win Let me remind the mayor and council members you are here for the residents of Ojai, the majority who voted yes for Measure O. Please don't make us sue you to follow the law. Thank you.
Thank you very much Lori Johnson Lisa Laramendi and Sandra Hansen
Thank You the people voted yes a city park with pickleball play is Very disappointing for working folks over the last four years, we've not been able to play with the eight-to-five work schedule. Then it got restricted even more and there's no weekend play or very little weekend play. It was designed for a special group, not the general public and that's over the last four years.
We did win the ballot to open it up Summer heat can be a problem with the part-time hours, also the 2.30 to 5 especially for the older elderly group which is a lot of us not all of us but a lot of us please go with the majority vote Park Hours Dawn to dusk thank you.
Thank you very much Lisa Laramendi Sandra Hansen and then Polly Hawkins
Hi, I'm Lisa Laramindi. I play pickleball and I love it. I opened the paper up the other day and saw The Dawn to Dusk and I went oh my God we've got a compromise this. And so then I found out that the people against Measure O really aren't willing to compromise. The pickleball players have compromised all along with limited play balls hours and we won the measure So I think we should be the ones that determine.
The hours that we play and we want to be reasonable and respect the neighbors, but closing the courts on the weekend leaves families out, and I play with my family who all works so we won the measure. Please keep us open. Thank you.
Thank you, Miss Irmandi Sandra Hansen, Polly Hawkins and Joe Crocker.
Hello, I'm Sandra Hansen. I've been a resident of Ojai since 1961. Yes, I am that old. I'm missing the poetry reading at the library tonight to speak to you once again. I've been doing this for, I don't know it seems like years and years and years on this pickleball thing And, you know a lot of people put in a great deal of work as you all know into getting the measure on the ballot and the ballot passed. And so it doesn't seem it seems like a no brainer you know there's a lot of discussion I'm a retired school teacher and there's a lot of discussion about people losing faith in democracy and that is crumbling it's no longer working. Well, I think maybe it's because of things like this the ballot passed. We have no limitations It should be implemented in the way that it was that it was written You know and I mean, I think the dawn to dusk is a park all the parks are open dawn to dusk I don't know why that would be any different for or the city courts I also feel that, and I hear the neighbors and have concern for them as well.
There's construction going on around me and it's dawn to dusk every day of the week and it never ends. There's tractors and sawing and hammering and pneumatics and stuff but it's constant and it takes years and years to build a house now it seems. Um, and I also feel like the courts at Soule Park are beautiful. They turned out lovely. The courts at Lake Casitas are even more beautiful with the scenery so I don't think it's going to be as impacted as it has been in the past because there are now other places Thank you, Ms. Hanson.
0:49 – 0:5812 turns
Pauli Hawkins, Joe Crocker and Leonard Cleef.
Hi, I'm Polly Hawkins. And my husband and I have owned property here for about eight years. And we found the Pickleball Courts here. And it is one of the most loveliest, most respectful group of people. You may have noticed that not all of us are old but a lot of us are. I'm 72. And we're not the Hell's Angel or a biker gang out there. We do enjoy at the company but nobody is yelling.
And I want to say one thing, a lot of great things happen out there. But Skippy who is a former teacher on Mondays it's really criminal for not to be open on Mondays because that's when a lot of school kids are off. And she gets kids to come over and teach them how to play. And then she gets people like me, I'm 72 and I get to play with a little kid. And that's a pretty neat thing and it doesn't happen often enough so thank you. And I think elections matter and we need to prove that. Thank you.
Thank you very much. Joe Crocker, Leonard Claith and Larry Steingold Oh, I'm sorry Jack. Nope my fault Jack
Thank you That was my wife and mr. Mayor council and staff thank you And we are new to the community and and we found the community that Tim and and his wife and Brent and Skippy had had built Around those courts one of the most welcoming things in this entire Ojai community And it was a wonderful way to get to know people and get to meet people. And so I just hope that if it's concluded that the mayor and council have the right to set the hours, that there is sufficient deference paid to the fact that it's a welcoming community there, that the vote was won by passage of the Pickleball Act And that the number of people who are benefiting by being able to play pickleball far exceed the people who are, and I appreciate that. But there's discomfort for them but the numbers are overwhelmingly in favor of the pickleball community.
Thank
you. Thank you Jack. I'm using his first name deliberately so I memorize it. Leonard Clay, Flarey Steingold and Leslie Clark
Good evening, I too would welcome Mayor Gilman and Councilmember Mang. Thank you for serving. I voted no on O and I worked for the people who wanted no on O but I accept the fact that yes on O won and we've got to move forward from there I would like to comment only on one thing that's been said so far by a yes or no person. Tim Kraut talked about how the pickleball people were excluded from all negotiations about the hours, the residents were excluded from any conversation when the pickleball courts were installed There was no notice. Nobody knew what pickleball was, so if there's unfairness it's been unfairness in both directions. During the election season and I don't remember the exact date but before the vote was final, the city issued a statement saying that if measure 01, the hours would be the same as they were before they were closed That was what people were advised.
That's what people voted on. Gordy Clawson, who is a big pickleball person and I bet $1 to a donut, I said that if Measure O passed the pickleball and the city tried to limit hours, the pickleball people would sue. And Gordie said of course not! We wouldn't do that. Of course they would and they are threatening. And the rudeness which has started with Leslie Rule at the first meetings about Pickleball continue, but the rudeness of the Pickleball adherents at this meeting and I find it contrary to a democracy which they're so big on proclaiming.
The Pickleball initiative said nothing about ours The letter from the attorney for the Pickleball People concedes that the Parks and Rec can set the hours. His argument about the separation of powers, and only the Parks and Rec can do it and not the City Council is stupid. And as has been said by staff, the city council makes that decision. There is nothing in Measure O that says it has to be open 24 hours a day seven days a week And people were told that it would be limited hours when they voted. That's what we are asking. We're also asking for big signs, whatever hours you choose so the people know when it's open and when it's not open.
That's all. Thank you.
Thank you, Mr. Clay. Mr. Harvey, can you verify? Was was it publicized on the city's website during the election time out the hours from from the prior closed hours?
There is an FAQ. It is still on the website, I believe. The city attorney might have to help me out with what the FAQ says. Looks like you have it in front of you. Yeah, I have it
in front of me. There's two documents that speak to that one is the FAQ question 31 who would and I'm going to quote this to make sure we're not summarizing question 31 a quote question who would decide the days and hours of playing time? Would they be able to 24 seven could they install lights for nighttime play? answer. If the initiative passes, the city anticipates the City Hall Pickleball Court will be open the same hours as cities other parks any hours limits below the current limited hours would only be possible with voter approval lights could only be installed at the City Hall campus if approved by the City Council and the impartial analysis I wrote based on initiatives text which was in the voter packet states quoting also quote If the initiative passes, the city expects the City Hall Pickleball Court will be open the same hours as cities other parks.
Lights could only be installed at City Hall Pickleball Courts if approved by a city council. Thank you.
Thank you. I appreciate that. Larry Steingold, Leslie Clark and Casey Abbott.
All right. Good morning. Good evening. I heard about the time issues prior to the election so this shouldn't have been a surprise how it got here should have been vetted more carefully Quite honestly. And even with the threat of a lawsuit, it can go back on the ballot again in November. So push comes to shove, it can go both ways. The blame the Park and Rec Commission that hasn't been constituted for a year-and-a-half intentionally is kind of self-serving. The fact the blame the park rec manager is even worse Because somebody was giving him direction or he was doing it on his own.
So, I mean where you go with this? I would table it create the Park and Rec's commission change the ordinances to reflect what you want to limit the times that take not make it a park and do it that way everybody is talking about voting and that's great well you have the vote table it create the Park and Rec's commission change the ordinances so that they you can control the times and call it a day And start with that.
Thank you, Mr Stengel. Leslie Clark, Casey Abbott and Jeffrey Starkweather.
0:58 – 1:055 turns
Hello, my name is Leslie Clark. I'm fourth generation Ojai resident and I'm really sorry to be here once again to revisit this issue that has occupied so much time and costs so much money You have very you have a lot of other very important civic issues to deal with. The pickleball supporters have been consistently polite and accommodating and honest it may have won us an election but it got us nowhere with the city council so I'm going to try another tack This is no longer about pickleball. It's about politics and our democracy.
Measure O did not pass because 2,129 people care about pickleball. It passed because the voters were tired of the way the City Council was conducting business. I'm not accusing anyone of anything but I do know what the perception was. Many voters believe that the city council felt it was above the law and did not listen to its constituents. The pickleball community are not politically connected as are the opponents. That is obvious from their extensive literature that stated that all past present and future public officials were opposed to Measure O with the exception of one But even with that kind of political support, the voters spoke and Measure O was passed. When a candidate wins by only 23 votes, he or she still wins. They do not share the office with the person that received 23 less votes.
The loser has no say. So why are they still being heard? It's time for the opponents to gracefully accept defeat and withdraw. The newspaper published that the courts Would be open the same hours as other public parts in the city, which seems only sensible. Now you're going back on that public statement just as you did when you gave us permission to be there in the first place.
Are you going to show the voters that what they say does not matter? Are you going to punish working people and children who go to school by not allowing them to use this public park on weekends? Please do not rescind what was published in the paper, and please show the voters who pass this measure that their vote means something.
Thank you Ms. Clark. Casey Abbott and Jeffrey Starkweather
Good evening Casey Abbott, Ojai resident. I never even heard of Pickleball until I came to Ojai. Later on it was in the national news that there were drone wars going on in other cities, documenting that tennis courts were not being used and they could be converted to pickleball courts. Lawsuits have been flying, lots of money going into it. I don't really care.
You want to play pickleball? Fantastic! But I went to see it myself. A couple guys from Ventura came up and probably gave Jimmy Connors and Eli Anastasi lessons in swear words He probably gave sailors with Tourette's Syndrome lessons in swear words. They were horrible, their screams were indeed blood curdling and they were frightening. I'm not saying that the Ojai Pickleball Association, was that the right name?
That they are hells angels but those guys that came up here to use these courts right out here I'd rather hang out with the Hells Angels than with them. Thank you.
Thank you, Mr Abbott. Jeffrey Starkweather, Starchild and Dale
Hanson. Good evening. I hadn't planned to speak until I saw Brad Hurt's letter, who had been my attorney actually at one point. I highly respect him he is one of the best election lawyers in the state and I think given what we've experienced here with so many measures passed that ended up having legal issues, I think we should go ahead and bend over backwards number one to avoid that issue I went door to door actually campaigning for the mayor. I did not take a position on pickleball, I've got friends on both sides of this issue.
I have only played on these courts once and I found the players were older and less aggressive than I experienced at the club, and when they first opened Stowe Park. The louder more aggressive male players don't generally play here. At least that was my experience. I think the key here is a second caution because if you're looking at being sued four of you came out publicly and took a position So I think you should need to be very careful about what you do, given that.
I think we're at the stage of being reasonable. What is a reasonable approach? that would accommodate pickleball and do the best to maybe limit the hours. I think, I don't, I'd love someone explain it to me why logically you wouldn't have it on Thursday through Friday and Sunday but not on Saturday and Monday? I just don't understand that. from any kind of public policy.
So I hope you'd be reasonable and I think it probably would be unreasonable just to have it done on the desk actually, so I think there could be some limits on hours but I think it's reasonable that people should be able to play every day And I think, I don't know if you can regulate it but I certainly encourage the softer paddles and the softer balls. And maybe more sound barriers could be erected even since the voters voted for it. I would add one other thing when they talked about what's in the frequently asked questions, no voter reads any of that stuff, no voter.
No voter reads the measure. They take general impressions And they talked to their neighbors. So if you're trying to be like a lawyer and say, oh God it said it here and therefore they thought that was true, that's just not true. I can tell ya, I went door-to-door in this campaign and nobody mentioned anything like that. Thank you.
1:05 – 1:1311 turns
I read it. I read the Ojai Pickleball Act. I read the attorney's impartial analysis and I wanted to say we're here today, we're not at the Ojai Tent Town meeting that was scheduled in this building for tonight. That's rescheduled for Thursday, I'm gonna miss it I have something else going on. We're not at the Help of Ojai event tonight, we're here talking about pickleball.
Mr. Summers told you that all roads lead to city council. He's wrong. In Ojai government, all roads lead to the people and the people spoke They may have read the impartial city attorney analysis. Mr. Summers read it, I'll read it again. If the initiative passes, the city expects the City Hall Pickleball Court would be open the same hours as the city's other parks.
That's what the voters saw, that's what the voters knew and that's what they voted for. Now Mr. Summers tells you this impartial analysis was wrong, that really it's up to you to decide what the hours would be, that his expectation that the city hall courts would be open from dawn to dusk was not correct. But what I want you to think is this is an emergency. It's not an emergency, it's not a crisis.
Dawn to dusk is only from 730 to five. It' wintertime. There are some crises here in Ojai. There's a crisis of leadership in our government, there's a crisis of lack of transparency, lack of affordable housing. There's a tent town outside and a cabin village that needs to be built. They're on safe streets. Our town might go up in smoke and fire. These are all reasons to have a special council meeting Not this.
Reconstitute the Park and Rec Commission, and let them decide on what hours the park should be open. Mr. City Attorney said that you're the ones who decide not to Park and Rec's commission but he also said the Parks and Rec Commission couldn't have solved or got in front of the gymnastics crisis. I stopped taking his word on this issue and I think you should too It's time to table this discussion and leave it to that commission.
Thank you.
I'm Dale Hanson. I live in the city of Ojai and for all those folks that are talking about how they won the election, it's true. They won by 23 votes. There were over 2,000 people in this city that voted in favor of no. And I do agree with what Jeffrey Starkweather said, that most people do not read it. Thank you for reading it but most people do not. Many people come to me and ask me how to vote because they're not going to read those measures and initiatives But at any rate, I do hope that you consider all of us who have endured with this noise and it truly is noise. For some people who say that Ron can't hear it they're incorrect he can hear it. You can walk over there by his house and you can hear it, and you have no rest when that's going on.
The other thing that I want to say is that for someone who compared your vote with Stephanie's vote, there's no comparison. You won by a landslide. That's not how the measure 01, it run by 23 votes. Am I not correct? Michelle is the name. Michelle, thank you. Yeah, I knew I said it wrong.
I think they were thinking of the former election, not this one.
Well, whatever. OK. Whatever.
Yeah.
The only other thing that I want to say, I mean, I could go on and on about this, but I've already said it so many times and I won't repeat it is that all these folks that are up here talking about you know, it's not a big deal. You have Seoul Park. Don't say you can't play on Saturday or Sunday or any other day. City spent so much money to put in a beautiful facility out there so you can play. And it's not the only place. And the other thing I would say is that Those of you who want it there 24 hours or every day from dawn to dusk, it's not next door to you. And if it was, you wouldn't be voting that way. Please consider the neighbors. Thank you.
Mr. Montgomery, any online? Mayor we have no raised hands right now but let's do extend our public comment period for this item to our Zoom participants. Zoom participants now is the time to raise your hand and now we do have one raised hand from Brad Hertz. Thank you. Brad Hertz you have the ability to unmute and you have the floor.
Thank you can you hear me?
Yes.
Very good and hopefully you can see me my name is Brad Hertz and I'm the attorney for the official proponent of Measure O as well as supporters of Measure O. I've specialized in political and election law for the past 36 years, and have handled scores of ballot measure matters. I've sued cities for violating the law, and I've represented cities as outside counsel.
I'm past president of the California Political Attorneys Association, and have taught election law and civil procedure at Chapman University Law School. Simply put, Measure O, the Ojai Pickleball Act is now the law of the land in the city of Ojai. The city is legally obligated to implement the measure not to undermine it. The only legally proper course of action for the city at this juncture is to open the City Hall Pickleball Court from dawn to dusk beginning this Friday October 20th.
To the extent the city believes Measure O is ambiguous which we believe it's not It can seek clarification from the Superior Court. And to the extent Measure O's opponents disagree with the City, they can seek judicial clarification as well. What the City cannot legally do is narrowly interpret the measure as if it were never voted on, disregarding the will of the voters.
Doing so will lead to a lawsuit against the City at the very least for equitable relief that compels compliance with the new law and attorneys' Not only would the City have to pay its own attorneys fees, but it would have to pay attorneys who enforce Measure O based on a specific provision. And if the City is unsuccessful in defending its actions as I am confident it will be, it will likely have to pay the Measure O attorney under a provision of the California Code of Civil Procedure. Such attorney fees can quickly add up, as I'm sure you're aware. And this is definitely a look before you leave situation.
Before the ink was even dry on the certification of the election, Measure O's detractors were advocating for it to be ignored or amended. Having lost at the ballot box, the opponents want to go back to the way it was before Measure O was even a thought. When you gamble and lose, you are not exactly in a strong negotiating position. As creative as the city is contemplating being, via tonight's proposed resolution.
The proposed temporary hours of operation and temporary equipment standards violate the law plain and simple. I'm confident that the superior court and the appellate courts if necessary will not take kindly to the city's actions. And the city would regret having undertaken such a knee-jerk reaction. Thank you.
1:13 – 1:2625 turns
Mayor, we have no more raised hands. Thank you. So the public comments are closed. I have one question for Mr. Harvey. Now we'll go to discussion. Is there a plan at all in place to build walls around the court? Does that currently exist?
We do not have a plan currently. We have had some studies, we've had some rough estimates. We don't have a plan that we could go begin construction with immediately. That would be considered a capital improvement project. You'd need to adopt that as part of your annual budget and ask us to implement that.
Thank you. Anybody? I'll just clarify on that last point I'll let Mr. Harvey fill in the details, but I did ask him if we were to build a fence that we could potentially hang sound deadening material on the fence what would the expense of the fence be? And I think you said that a 12 foot fence would be $180,000. Let
me go back to my... I have a very thumbnail sketch from the Public Works Director. You'll give me a moment. I can see what she told me. Give me a moment. Okay, so I asked her for a very rough estimate for a 10 to 15 foot fence with sound deading material around the pickleball court. And so we're talking about the entire perimeter. So her preliminary estimate and this is again just super preliminary you know It was around $700,000.
She had just built 140 foot retaining wall that was eight to 13 feet tall for $350,000 so she's estimating this to be about 360 feet over that and so that's how she arrived at that number and then of course you need to add the sound deadening material but that's a very rough estimate and if you wanted that we would want to get a professional estimate not that she's not professional but a more detailed one and bring it back to you
thank you
Yes, yes. But yes and then as the city attorney is pointing out you know this is a public works project so it would be bid we take the lowest responsible bidder.
Anyone? Yeah, I'm going to start just because my name was on calling this meeting. Good. And just just yeah, just just understand what when the we received information that was initially saying we were going to have the old hours play, we're going to be reimplemented But then before that information was released the city manager Reconsidered based upon his review of materials and said he thought we had to be implemented at Dawn to dusk I was concerned. I went back and read the Pickleball act.
And I didn't read it to say anything about hours or play, or to give the public any indication that they would be adopting a dawn-to-dusk playtime for pickleball. And so my thought in terms of then the next information that I received was that the Parks and Rec Commission, and not the city manager have the authority to set hours of play. And that there of course, well I think we thought there was going to be a Parks and Rec Commission and that they could hold a meeting but we did not.
We were not successful in appointing a quorum so it's us as we spent some time discussing earlier And my thought is that the best thing that would happen to this community, if we could just agree to reasonable hours of play. I fully expect to honor the result of the vote which I understand and interpret to be reopen the courts And I plan to support reopening the courts But I believe that we have to Implement reasonable hours of play and then hopefully everybody gets along and we can never have a meeting about this Yeah,
so
yes miserable
Yes, thank you. So I have Andy and Andy Gilman and I were Brown Act buddies. Do you mind if I move forward, Andy? You want to
talk first? Yeah, let me talk first.
OK. Is
that OK?
Well then can I talk first? Oh
yes of course
you can! Well I was just going to put a motion on the table because I think it makes it easier but we can all talk first if you would prefer that
I was gonna modify slightly, but let me feel of course make a motion. That's completely right
Well, I guess I'll speak first and then I'll make emotion So I just wanted to kind of Speak to some of the comments that were made Because I think they're important. I think the idea of family and weekend play is paramount And the courts here are different than the courts at Seoul. The courts here, families can come, their kids can run around. I've seen it over and over again where two families will come together and you'll have eight kids or six kids and half of them are playing pickleball. Half of the parents are playing pickleball The other half of kids are running and playing hide-and-seek. The other parents are talking to each other. That's just not possible at SOLE. It's highly divided, and it's surrounded by a parking lot. So when you ask what's the difference between the two?
That's the huge difference is that SOLE doesn't encourage intergenerational family play. And if you take a look at it, you can understand why. There's a bench outside of each court there all the courts are highly fenced for good reason because the balls go everywhere but it's a different kind of feel. There's no oak trees, there's no shade so I wanted just to... But it's more about the families for me because I've seen it over and over again on the weekends and I also have heard over and over again that there's nothing for families to do here together Right? I mean, there isn't a pool.
There isn't a bowling alley. Kids don't like to walk really. You can't play tennis because it takes years for you to get to the point where you can hit the ball over the net. So, you know, it's really true that this is one thing that families can do which is why it's so important that it be open on the weekends. You know, I understand the noise. I understand all of that but once again there are laws. There's a noise ordinance. There's no noise ordinance for things zoned public but there's still a general noise ordinance So if you have a noise problem, you have a recourse. The recourse is not to shut down everybody. The recourse is to figure out what the noise is about and no one controls that really.
I did want to talk to Ms. McCray's comment about the state of art technologies that would be, we had a sound study done by an acoustic company professionals that we spent $13,000 on it they recommended a sound mitigation wall. I don't remember it being those figures so we may be looking Yeah, so yeah. So I don't remember it being that kind of money. So maybe it's a different kind of wall. I don t know what it is but it could also be that money but you know
One thing, sorry to interrupt you to consider is that the city always pays prevailing wage for our projects which usually adds 30% to the cost that you would normally
see. Yeah no I totally get that and I 100% support that absolutely but there's you know so I think that sound mitigation and I think that the pickleball people would be We'd have to figure out sort of what the mitigation commitment would be. And then I wanted also to talk about, you know, the previous council who gave away the courts and the—I mean who gave away—so not the previous council, the council before Who basically just said, you know here's a here's the tennis court. You can have it play pickleball there They and the complaints started immediately that council could have revoked what they did But they did not so And I think that that's also really important they did not do that and You know and the other things that I understand That the neighbors have been offered that have been denied our triple window panes triple paned windows That there are you know white noise for fountains that were refused.
Oh dear How is that possible?
Because
oh my god,
well we can come back to you Do you need to finish the thought and then
we'll come back to it? You know, I think the final thought is 13 neighbors. Thirteen neighbors supported this measure. Thirteen neighbors that live right in here. So when you say all of the neighbors, you're not including the thirteen neighbors that signed on to the initiative. So I just think that's really important. And then, of course, there's much more to say, but we shall come back to me. Thank
Yeah, if I could. What what I'm thinking about is several things and for me it actually seems sort of clear. The voters did decide it's not our job to determine what they voted on and what they didn't. They voted right? What they understand is not our business to ask. And it also seems to me that I am understanding that there is some accommodations that the pickleball community is willing to concede. I heard that word loud and clear, um, I understand that.
And so from my perspective here's what I'm proposing it-it is something like a dawn to dusk because that is simple and clear and reflects our other parts. I have understood that the pickleball community is willing to not play from 12 to 2 I hope that's correct. I hope that's still correct. I've also understood that there is a blue paddle list for which they that authorizes quiet paddles for which they have also agreed to and that they are conceding to that.
And that I would then say that, I would ask staff to come up with a clear plan for a sound mitigation wall that we can then look at and vote on with the expectation that we would be mitigating the sound as much as possible and have very clear signage on hours. And if it's feasible to lock it when those hours are done, as Soule Park is locked. So that's the motion that I'm proposing.
1:26 – 1:3318 turns
Could I make a friendly amendment? Yes. So this initiative process, and I've been thinking about this is a very expensive process so the citizens of Ojai paid for this and it came out to around $10,000. And so I would like to propose a friendly amendment that the city reimburse the pickleball community for that expense, not for campaign materials, not for anything because essentially what has occurred is the Ojai Valley Pickleball and those people who contributed paid for an ordinance to be written. And then I was thinking about well that's kind of a weird precedent Honestly, I mean jeez. But when you think about it who can actually do initiatives? Only people who can come up with money so in some ways It's also like a lawsuit well if you win Then you can get your just the drafting of the ordinance nothing else You get that money back because that allows you to actually have a foot in the game Otherwise you don't it's just way too expensive So my my friendly amendment which can be taken or not, is that the city reimburse for the cost only of writing the ordinance.
Which you do not have to declare to the FPPC right? So just in case you know it's not considered an election expense okay it's a drafting of a law and it's a very different thing Anyway, that would be my friendly amendment because I hear you. You got it.
I'll decline, but I'm still looking for a second on my proposal.
I'll second.
OK, thank you. Discussion
speak up for I'm sympathetic to both sides. I've met with those that voted for I met with those that are against it and You know, I just I feel terrible that I think with open honest communication from the get-go we wouldn't be in this position now Sympathetic to those that you know live there and their time their day is you know Not the same because of the sound and all of that, and those that put in the effort I wish we could go back and change things, but we can't. The only thing we can do is move forward from this day out with open honest communication so if there's an issue, we never have to deal with it again.
And I just have to, you know, like I said been in touch with both sides. This is in my district and I have those that want the dawn to dusk. I had never read that in any of the ordinance or anything. There was never any time set and that's why when the ordinance passed and I reached out What are the times? And that's what initiated me to say, hey I think we need a meeting because I'm unclear and I'm new.
So I would just hope that we could listen to more the flip side of the community with limiting the hours I think it's a great idea to turn it over to the Parks and Rec when you have a commission and let them, do the studies. There were sound studies that like we said, the city paid thousands $13,000 plus that wasn't implemented all of these things. And that's what I think is the way to kind of write the wrong to hopefully work together and we'll come back in with more community input with open honest communication You know,
please clarify what you're
proposing. I don't agree with the dusk to dawn. OK, I think we need more hours. We do have you know how much money was just spent on the Soule Park pickleball
courts? So you're proposing few less hours? Yes. OK. Gotcha.
I'm in agreement with Councilmember Mang. I think, I would be in favor of going back to the hours that were there before the election. You know we've heard from We've heard from the neighbors about dusk to dawn, or dawn to dusk rather. Imagine waking up to pickleball. And regardless of that, the ordinance didn't specify as it was submitted for election materials, it didn't specify the timing and so there were actually a lot of people who read it and who were voting thinking that it was going to be The same hours that were restricted from the beginning and in the interim we spend all this money building Soule Park. And there's new courts at Casitas their new courts coming up in Oakview so there are so many places to play.
This would be different if we didn't have those options. So I would be in favor of moving hours back.
I hear what you're saying and let me if I can respond. If you say, I'm looking at the measure language and it says that as was read without any other city permission or permits and implementing sound mitigation and adverse impact efforts be adopted so I'm taking what we're thinking of right now is sound mitigation and adverse impact efforts. So for example, I mean that gives us that wiggle room. So I know one, I was going farther than what I think was offered as a concession which was, I know one thing that was proposed that seems like it might be amendably accepted would be 830 to 12 winter hours, 830-12 closed 12-2 back on 2-5. That would be winter hours Summer hours, 830 to 12.
Closed 12 to 2, two to seven summer
hours. I would be amenable to that because that is very close to what we had before and it seems like a middle ground. But
it would be weekends also?
Yes.
Just
like
all of our
parks
Yeah, so yeah for the summer hours I wouldn't want to go as late as seven Because you know people are getting home from work and wanting to do dinner and I wouldn't want them to have to listen to that during their dinner and then Mm-hmm So, my other thought is that I think we previously talked about giving the residents some time off on the weekend and we decided a half day on one of those days.
You know, in the interest of compromising I'd be interested in seeing us potentially have two weekend days both both weekend days open. But from from noon to four.
1:34 – 1:4017 turns
Could I speak? Yes, please. So just so you know the pickleball community conceded from 830 to 12 and from 2 to 5 and the motion was not that but coming into that this is what the pickleball community agreed So they conceded that in an attempt to cross bridges and the summer hours, you know two to seven. And requested building an east wall along Ventura Avenue per the recommendation of both the sound study and the park and recs recommendation, both of them.
And investigate and figure out if it's possible to reinforce the south wall, which already exists but it's possible with new technologies and sound panels. You have a wall you can put that up. I think there's room to move on the summer hours tonight, but not much. This will go to court. It will go and you know if you read through this it says clearly in the ordinance that this will be liberally construed which means as broad as possible It does not mean narrowly construed. It means liberally construed, that is throughout the ordinance and you know then the question becomes does permits and permissions, does constraining the hours Translate into permits and permissions, but what the court is going to look like look at and they're not going to care about the neighbors.
Honestly, they're going to look at what is the intent of the Oregon it of the ordinance? They don't care about what the neighbors think Honestly, they're going to look for the law. And the law is going to say this is to be construed liberally. That is as broadly as you possibly can. That is what the voters voted on. They're not going to care that someone's going to come in and say well but the voters never really read it. Okay, that's not going to pass muster. Number one because we have an impartial analysis that went with the initiative that was the first thing that anyone saw that said the hours were normal park hours It's going to be a huge tangle. I think it was pointed out that four of the five council members here were publicly voted against it.
I think it will be pointed out that the city manager sent out an email from the major opponent to the City Council the next day after it was certified. It's not going, the optics are gonna be terrible. The pickleball community has conceded and I don't think they're gonna concede anymore. If you take away the weekend hours, you take away the ability of the public and the working people to play.
And that's just a fact so...
Might I respond?
Yeah sure.
Just this This might sound foolhardy, but I'm not feeling that lawsuit averse. What I mean more like is I'm trying to find justice, I guess that's my real intent. And so from my from my point of view, I would say that and you know anybody who has asked my my reticence about Measure O was simply about land use had nothing to do with pickleball per se. But that's neither here nor there. I what I just proposed those times. So I'll say it one more time if it was winter 830 to 12 Closed 12 to 2, open again two to five.
Summer 830 to 12 again, 12 to two closed, two to seven open and that includes the weekends and I'll just say one more time for clarity that we do work on a project to mitigate the sound as Miss Rule described but as we said a minute ago with clear signage possibly locked and then that blue paddle list in my view And we could disagree, that's the just movement from the pickleball conceding what they could. They're making a movement in that direction. So if I don't know what the protocol would be to...
I would modify my motion to say that and if I could get a second maybe that could be what's on the table? So I'm offering that as, I think a sense of justice but I'm happy to hear from my colleagues.
You did mention paddles what about balls? That's another
topic. Oh, I think it's blue paddle list. The owl paddles are part of
the blue list.
Mayor, would you restate the proposed hours you're recommending? Yes.
Okay so winter 830 to 12 closed 12 to 2 open again two to five that would be winter summer 830 to 12 closed twelve to two open two to seven and for clarity summer would be April
through September like what we use do you guys use the Equinox when you do that as we've done it different ways in the past mm-hmm So we could go with the equinoxes. We could go, which would be the... We just need clarity right? So the prior decision was April to September that could be tightened if you wanted or go by the- How have you done it in the past? April through September is summer.
Okay
fine! Great.
So I, for you know purposes of discussion yes i think i would support this if we reduce the summer hour to 6 p.m and we let
us deliberate a little yeah
yeah and then uh for the weekends we did 10 to whatever the concluding hour was so that people would have their weekend morning off if they were upset by
the sound. Were you saying just for clarity, I'm asking for clarity starting at 10 and going to that end time?
What Yeah, um, winter five summer for me it would be six o'clock. And then you said on the on the weekend it would be start time at 10 Okay to either five or six o'clock and I would I would support that for hours of use and I support whatever equipment limitations we've had in place
1:40 – 1:4612 turns
So different than the ones that I just said or the ones that I know.
Well, I assume that what you just said was what we've been dealing
with in terms of equipment. My understanding is it might be the blue paddle list might be broader than the one you had just for clarity.
OK? I'm fine with that proposal.
You know I think ten, I think nine at best. No so I mean the council can do it but it's always been 830 and it's for people who need to play in the morning 10 o'clock by 10 o'clock in the summer It's already getting hot. It's getting hot, and so that really doesn't work for the summer. It's always been 830. This is the mid ground it used to be dawn to dusk then it was starting at 830 and then it was you know every other day from whenever to whenever. So this is the middle ground.
This is our best chance. This is our best hope let's put this Let's vote this and put this to rest otherwise, we will be back here and we will be back here over and over and if the Opponents of no think that they have you know a claim Then they should make it legally You know make the claim if you think you have it So because of the heat, you know, it's hot by 10 o'clock in the summer. It really is.
So you have to play in the morning and the courts in the summer, you know, its hottest from 4 to 530 so anyway I would ask you to reconsider that and let's find it. The pickleball community came in with these concessions I don't think that it's really fair to then start nickel and diming them. We could have started a nickel-and-dime concession at dawn to dusk, but we started here because they actually do want to find a solution work on this and move on after four years
I hear what you're saying. I guess the question would be, what's worth hanging on? I suppose. Do you see my point there?
Yeah. You know, I think that there is the potential for another initiative and I don't think anybody really wants that. Well, I don't guys hold on and I'm just gonna make yeah i mean it's not great but you know with a 20 vote margin. I wonder how many of those votes would have changed if the ordinance had said dawn to dusk. You may have lost those 20 votes. I hear you. So would you state your hours proposal? Yeah, my hours proposal so this would be a friendly amendment to your suggestion would be 830 to noon, close 12-2, wintertime then 2-5 in the afternoon, wintertime 2-6 in the afternoon and on weekends start time
at 10am So just in it. So you said so summertime, you're just proposing an hour shorter to six instead of seven. And then you said on the week and then the weekends were starting at starting a 10 instead of 830 starting at 10 instead of 830. And then were you suggesting not closing 12 to two on the weekend? So they're starting later leave it open That's a concession, I guess. Yeah, I do that. OK, so starting at 10 staying open closing at those same summer or winter times on the weekend? Five or six. OK.
I can accept that
and in the equipment limitations that you suggested. My and my I guess my other thought on this is that we simply adopt this but if somebody wants to bring this up to plan it to the Parks and Rec Commission and Proposed. I Don't want to do a thing where we're doing something temporarily and this continues to be An issue let's let's see how this works, but the Parks Commission can always bring it back
I would add just one tiny point, and some of you know this already because I've said it. I'm very interested in extending the bike path to Soule Park as one point. I am also very interested in the negotiations of the lower Libby courts which I'm not sure that happened well. That's just a side note but something I'm going to be pursuing As another pickleball court on that place possibly, but to say this.
Another point is something I'd love to carry on as we go forward is to revisit these. I'm not saying rehash it and I'm not saying another workshop. I am saying a few months from now to hear from the players from the staff how's it going? Is it working fine? The neighbors? I mean all of the above. How's it going? I always want to hear that in fact. I wish we would suggest we do it on every single thing So I am accepting your friendly amendment.
I'm hearing upset but I'm here it's for me it feels very close to what the pick about people suggested OK. Oh
yeah that oh yeah the second does not accept it. Oh
OK. OK. I'll second it. So let's wait. So one more time, just to make sure I'm on because it sounded so minimal to me, but I'm hearing it not be. Can we do as you have it? Will you state the hours one more time?
1:46 – 1:5345 turns
Winter hours 830 to noon, two to five summer hours, eight thirty to noon, two to now six April through September. The two weekend days open with a start time of 10 a.m.. With no midday break.
OK.
And with
the blue paddles. With the blue paddle list authorized and clear signage, and that we would pursue all the sound mitigation wall that would come back to the council.
Yeah, and if the second has to be done by the person who seconded, that can be fixed by my making it a Alternative motion substitute motion substitute motion and so without making Weston restate everything again I'll propose it as a substitute motion. Mm-hmm,
and I'll second it
okay So the way that I'm just to summarize. So I'm hearing the sound mitigation, the signage, the blue paddle list and I'm seeing the same quantity of hours but slightly shifted on the times. That's how I'm looking at the calculation right now. But I'm also suggesting that we hear from staff neighbors and players in three months time. How is it going? Mm hmm.
If we can, would you be willing to add that in three months time to here? Can I come back? Yeah. Yeah, I'm fine with
coming back. Mayor before we vote please thank you just wanted to note that if I've heard the Measure O proponents correctly they will litigate and if it's not dawn to dusk or some other reasonable compromise it may be worth asking those who might be able to speak for them if they'll accept this compromise so we know what we're walking into great
I'm up for that.
And I'm not sure if Councilman Rule or are you positioned to speak for them? Or if not, then...
I am not positioned to speak for them. But you could... Mr.
Hertz may still be on the Zoom
as a lawyer. Yeah we could potentially ask the lawyer but the lawyer is going to take instruction from the clients
so... I wanted to suggest Mr. Kraut if he would be willing. Do you feel like you can speak for the community? Come to the mic, because I want to hear which part.
And get it on the microphone so your attorney can hear among others.
Yeah, tell me which part is the unacceptable piece? Well, the weekend 10 to 12 or something. No.
Versus the 830
with a break. 10 to
5.
No With no break for lunch. No Okay
So let me just make sure...so if you said If we said oh, we're going to stick with the 8 30 to 12 two hour break and then five or six in the wintertime You
would
accept that
Five or six in the wintertime? I mean, well five. Five in the wintertime. Five in the
winter, six in the summer.
Well, the winter is going to dictate the time. It's probably 5 o'clock. But in the summertime, what's the summertime?
Well, I thought you were offering again a concession of seven is what I thought you had said but is that not correct? 7 in the summertime? Yes. From 830 to 12? 830 to 12. This is what I thought you were suggesting that you would accept and then a break from 12 to 2, and then two to seven is what you had said for this. Seven yes. That you would accept that? Yes but not two to six? No. Okay okay No, I hear what you're saying. Yeah, that's good for clarification.
And I think, you know, Susie tells me not to repeat myself, but you cannot play in the summer after 1030. You just it's too hot even with shade there and especially for the older people. The courts clear at 1030. The courts start clearing at ten. It's already 85, 90 only getting hotter and you're playing on courts where the heat is rising. So that's the issue is that 10 o'clock does not work to play.
Fair enough then if the break was 11 to 2 then and it started at 8 30 that would work because it's too well I'm just responding to her point that it's too hot to play at 11
I personally stop at 10, because the courts are always 5, 6, 7, 10 degrees hotter because the heat's radiating off by then. And a lot of people stop at 10. Certainly a lot and a lot of people stop by 1030.
So in the summertime, it doesn't start cooling down till 536 o'clock in the summer. I see what you're saying. And it stays light until 8. Right.
But you wouldn't want there to be more of a break in the midday just in case people do come?
No.
I see.
There, I you know if we can't we can't lose sight of the fact that there are people who live there understood. Who are the, you know, the later the play goes, the longer that they're not able to enjoy their home. And as somebody who has had to sit through meetings over at our prior council chambers. During the midday when pickleball is going on you hear it and it is very distracting from what you're trying to
do. I have heard that but yes, I totally do
hear that and I also hear a vote We're standing here in front of you tonight and we're giving concessions Mm-hmm. I hear you to the ones that have lost. Mm-hmm.
I get that loud and
clear You had at least Andrew had an opportunity to mitigate those several years ago
Yeah, so what you're saying is... I've only
been
on council for two years.
Well the way that I proposed it initially would have been acceptable to you in other words 830-12 and this is winter 830 to 12 12 to 2 closed 2 to 5 winter summer 830 to 12 12 to 2 closed 2 to 7 that's acceptable to you Yes, and that would be seven days. And then the wall, the signs and the paddles? Yes. And we're saying we're talking about changing a few a couple of hours on a couple of sites.
No, no, I'm saying that's what the council had also suggested separately. I mean, I just I'm clarifying what people said.
That is what people said. But those two hours are temperature degree of I mean the criticalness. Yeah, right. I mean it's
Would you be willing, Mr. Whitman to go to those hours or no? I think six is reasonable. Is it really worth it? This is a serious question. Is it worth holding it for that if it is great? Hold on guys hold on hold on we're trying to figure this out.
1:53 – 1:5934 turns
I'm waiting for you. Yeah, I'm waiting for Kim Oh Kim lead me Kim
It's your it's your district So with summer being hot I totally get it so I'm thinking you know to be fair to those that you don't want it The other hours. Could we adjust that, you know 830 to if you say nobody's on the courts past 10 30? To adjust there. That's kind of what
Leslie was suggesting but not them.
Yeah, that seems you know what I mean and then the seven, you know two to seven would be more doable in my opinion if they You know, we don't live next to this court and I just
The voters have decided
There is something that I think is another consideration and that is a lot of pickleball players that I've talked to and have made a real clear decision not to play at the courts because they don't want to disturb the neighbors. You know what, I'm trying to help you out here.
Please go
ahead. And now that we have Seoul they are enjoying those courts so if we were to do these hours there's a likelihood that it wouldn't be as noisy as it was before
Well, I'm hoping that with what I just proposed. Again, that's not an ordinance. That's a wish and it's something that I intend to do which is as I said, a bike path to Seoul one number two possibly lower Libby courts. I hope that we spread out the play in some equitable way
Could I say something else? Yeah, please. If people show up here in the morning weekday weekends and that court out there is full they're going to go to Soule Park or they're gonna go to Lake Casitas They're gonna see 16 people out there playing maybe a couple in the paddle saddle They're gonna go you know what we're going to Soule Park so it's gonna take care of itself It's gonna level out. There's not gonna be 50 people here like there was before They're gonna go elsewhere I'm hoping for that.
I think that'll happen. That's what I hope. That's what I would love to see when we come back in a few months and say, how is it going? Now we hear that.
Yeah. And this is why I really appreciated your proposal to bring people back three months
from now
It's just to come back to
us. Yeah, it would be just a report out to say because that's something that I've noticed that I wanted in general is to say whatever it is like oh, is the street paving going the way we said? Absolutely. Whatever we hope. Well, if you're
with that coming back in three months we would check with the neighbors and those involved and also
We wouldn't know I would say it would be something like this to say we will have a report out And anybody who would like to come comes. I expect this room And we find out and we hear from Miss Rivera how it's going just
please just to be clear. Yeah That you know 90-day call back there would be It would not be noticed for a change So it could result in us Requesting that it come back for a change But it would really just be a presentation. We'd act on it or not. That's what I'm intending.
OK,
I'm fine with that.
OK, so are we OK then? Am I hearing that we're OK with the hours as proposed? As I'll say one more time.
Thank you
please. And is Ms. Rule the second on that? Let's hear it. As stated, here it is. Yes please. Winter and we're going to specify the winter again Mr. Summers again how is it?
Winter is October through March.
Okay, winter hours 830 a.m. to 12 p.m., courts closed 12 to 2 p. m., courts reopened 2 to 5 p. M., summer hours 830 am to 12 pm, courts closed 12 to 2 pm, courts reopen 2 to 7 p.M., the staff is requested to work on sound mitigation walls to come back to the council with a proposal That the blue paddle list is authorized for use and that clear signage is in place.
And I'm adding possible locked in off hours.
I was under the impression that the blue paddles were recommended because there's no way to enforce. And I think that the city manager knows that, there's just no way to enforce and if they're required you will have people coming here as happened for years saying that there are people there not playing with blue paddles what are you going to do about it? How do I send the cops over there? Why aren't you doing what you said you were gonna do?
Highly recommended and there can be a big sign there, you know,
I think that's
fine. I'm cool with that Okay,
what about for clarification? What holidays?
What are our situations before holidays now We're open yeah open
Current
parks are open on holidays. I would say it mimics that Okay
Any more discussion? Let's do it. Mayor, for the record of the motion I would like to add that it is seven days a week and also a three-month return to council with the report.
Mr. Mayor if we could jump in before the vote. It may be worth asking if Mr. Kraut would commit to not litigate on these hours
2:00 – 2:0111 turns
It's got to come back, so I mean he can't. I don't see until... So my problem, I'm fine with it, I probably would vote for it but three months doesn't get us into summer.
No no no, just a check-in
that's all. I don't think that, I mean I don't know, I would assume that his attorney would say you do not give away your right to litigate on a measure. Well,
I am
not asking for that. I asked for it but I'm not requirement
Roll-call vote Passed 3–1 · 1 under review
Show transcript
No. Motion passes, three to two.
Okay. Wow. I thought you were voting yes? All right, we're done.
Mayor? Yes? If I may, we did skip the approval of the agenda. We're seeking a council action on that. Consensus covers
it.
What do we need to do? Consensus covers it. Understood.
We're adjourned.