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Ojai debates chain retailers Officials to consider 45-day moratorium


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Kenley Neufeld's Ojai is a place where people swap family stories and recipes at the farmers market and where the local pharmacy has existed since 1891.

It's a place where people take their pet geese on walks using leashes, or jog with their llamas. A place where a cup of joe at Java & Joe is actually made by Joe.

It's not a hub for Subway, the fast-food giant that pumps out its familiar sandwiches in more than 27,000 outlets spanning 86 countries.

Neufeld, a longtime Ojai resident, is pushing for a ballot initiative to keep chains like Subway, Starbucks Coffee and Gap out of Ojai. He and others say chain stores threaten to ruin the personality of their colorful area.

"Ojai has a unique, natural beauty," Neufeld said, "and I would like to keep it that way."

Within days, Neufeld could begin collecting the 750 signatures needed to qualify a measure for the ballot. He predicts it will take only a weekend or two.

The effort, however, might not be necessary. The Ojai City Council, at the urging of some residents, is scheduled to consider an urgency ordinance May 1 that would impose a moratorium on "formula" businesses — defined as chains of 14 or more stores — for at least 45 days.

It's unclear, officials said, if the ordinance could prevent a Subway franchise, which has signed a lease for a small downtown store at 323 E. Matilija Ave., formerly a sandwich shop called Howie's.

The temporary ban would at least give the city time to craft a permanent ordinance to prevent future chain retailers.

Many of Ojai's 8,200 residents believed such rules already were in place, Councilwoman Rae Hanstad said.

"There's always been this assumption in the community that chain stores are not allowed," she said. "What we are doing now is trying to change that assumption into reality."

Ojai is not the first city to attempt that. The backlash against chain stores, particularly so-called "big-boxes," has sparked regulations in numerous areas. Some towns have limited the number of chain restaurants and retail stores. Others have set strict size and design requirements to keep out cookie-cutter outlets. A few, such as Port Townsend, Wash., have banned them outright.

Some property owners have raised concerns about an outright ban, arguing it could unnecessarily restrict property rights.

The Ojai Valley is not chain-free. It has a McDonald's, a Radio Shack and a Chevron service station, among others. But for the ban's supporters, it's a matter of proportion.

"Once one formula business comes in, more will follow," Neufeld said.

Subway reignites debate

The city wrestled with the chain-store phenomenon last year when a Jersey Mike's Subs franchise moved into a building on Ojai Avenue. Jersey Mike's, based in Manasquan, N.J., is a national sandwich chain with more than 300 stores.

Then-Ojai mayor David Bury believed banning chain stores would be illegal.

The city already has rules for signs, architecture and other aspects of a business's appearance that, coupled with the small size of Ojai's market, effectively discourages chain retailers.

Unsatisfied, Ojai resident Jeff Furchtenicht submitted an initiative to get the city to adopt policies to either ban or discourage chain stores in the downtown.

That set off a legal dispute when City Attorney Monte Widders refused to certify the initiative, claiming it was too vague and didn't propose a specific ordinance.

Widders sued Furchtenicht to keep him from circulating petitions, but a judge in December tossed out the lawsuit because Furchtenicht is no longer pursuing the initiative.

In February, a sign announcing Subway's arrival reignited the debate.

"Subway is going to galvanize this community," said Neufeld, a librarian at Santa Barbara City College who started researching his initiative months ago.

Neufeld's announcement of his initiative on a popular Ojai Web site triggered strong support. Dozens turned out for a recent meeting on the matter.

His proposed citywide law has a long list of criteria for defining a formula chain store.

A formula retailer would be one with at least 14 outlets in the United States that use the same logos, signs and color schemes and have a standard way of operating. Existing businesses would be exempt.

Neufeld said he was starting his initiative because the city was dragging its feet.

Mayor Carol Smith said she plans to vote for the temporary ban on May 1.

A permanent ordinance, she said, will have to be carefully crafted to preserve the city's unique character but still ensure it has a mix of businesses to capture enough tax money from tourists and locals to pay for essential city services.

Tired of revolving door

Ernie Salomon has owned the building where Subway wants to go since 1989.

He's seen nearly a dozen businesses during that time, including a handful of locally owned sandwich shops. Not much else can fit into the 853-square-foot space.

"If the people of Ojai desire such an ordinance (to keep chain stores out), then so be it," he said.

But he's tired of the revolving door. So is Joe Ruggiero, co-owner of Java & Joe, located a couple storefronts away. He wants to keep Ojai's distinct, small-town charm, but not at the expense of his bottom line.

"I would like to see something successful there," he said. "A barren store doesn't help anyone."

Discussions

Posted by kenley on April 22, 2007 at 7:36 a.m. (Suggest removal)

Thanks Kevin for covering Ojai and trying to get all the information out to Ventura County residents.

One quick point of clarification. Technically I am not a "longtime Ojai resident" though my wife grew up in Ojai and I have spent many holidays here since 1990, I have lived in Ojai for two years.

The popular Ojai web site mentioned is called The Ojai Post (http://www.ojaipost.com). If you are interested in this topic, check out the Ojai Chain Store Resource Page at http://www.ojaipost.com/ojaichainstor...

Posted by kosmoz13 on April 22, 2007 at 9:40 a.m. (Suggest removal)

I really hope this is passed. There is no need for any chain retailers in Ojai, we do just fine without. The residents of this town should be able to decide what kind of merchants occupy their streets. Worst case scenerio, we'll have to show them with our purchases. I will not support chain retailers in Ojai even if our government does.

Posted by SPK on April 22, 2007 at 4:34 p.m. (Suggest removal)

Good article, but there are a couple of areas that need clarification:

The lawsuit by the city against Jeff Furchtenicht was thrown out because it had no merit and Mr. Widders had no case.

More importantly, the lawsuit filed by the city attorney, Mr. Widders, is considered a SLAPP suit (Strategic Lawsuit Against Public Participation) and the ACLU is appealing the judges failure to rule in that regard in the Ventura courts.

Posted by ThinkingForMySelf on April 23, 2007 at 4:56 a.m. (Suggest removal)

The Ojai Post Has become the most relevant vehicle in the Township of Ojai for information, discussion allowing those with immediate concerns to act upon them in the most productive way, as is the case with this initiative. I would be interested in finding one like it for the City of Ventura if one should like to share it.



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