Lighting ordinance closer, Farmers Market must pay weekly fee
Feb. 27, 2013
Tiobe Barron, OVN correspondent
Ojai is one step closer to darker night skies.
Tuesday night, the Ojai City Council unanimously voted to take a second look at an ordinance that would add new standards to the existing municipal code concerning exterior lighting.
Mayor Pro Tem Carlon Strobel was the only dissenting vote to adopt the “companion resolution” to the ordinance that establishes a compliance policy for the updated exterior lighting codes.
The ordinance, aimed at lessening light pollution in the city of Ojai, states in part that “The general purpose of this article is to protect and promote the public health, establishing regulations and a process of review for exterior lighting.” Should the ordinance be adopted after the next reading, newly-constructed homes — and remodels where costs total more than 25 percent of the property value — would be required to install outdoor light fixtures which are shielded and do not exceed a certain level of brightness.
This level of light varies according to zoning and density, with multi-family units and the downtown area given allowance for more lighting. A “curfew” of 10 p.m. for all non-essential outdoor lighting is suggested to not burden those who can’t afford to replace fixtures, although holiday string lights are exempt within a 60-day window of the applicable holiday.
“This ordinance is not retroactive; it will gradually bring about a better lighting environment,” explained community development director Rob Mullane. “There is a one-year emphasis on education and outreach. This allows the city to reach out to those with really offensive lighting.”
The ordinance has been crafted and fine-tuned after six workshops and hearings, along with a final review by city attorney Joseph Fletcher prior to this public hearing, according to staff records. At the hearing, members of the public spoke in favor of the ordinance.
“I wanted to emphasize that I support this ordinance,” said Ojai resident Jane Spiller. “I think this will be wonderful for Ojai.”
“I look forward to once again being able to see the beautiful stars,” added resident Sonia Nordenson.
“It seems to me that this is an ordinance whose time has just come,” summed up Ojai resident John Broesamle. But, cautioned Ojai resident Martin Potter, “The best ordinance in the world, if not enforced, is just a piece of paper.”
Spiller agreed that it is crucial the city staff lead on enforcing the ordinance, that it not create a neighbor-against-neighbor scenario based on complaints and identification of whistle-blowers.
Councilwoman Betsy Clapp clarified that the city’s policy no longer designates code violation complaints as public information. Mullane emphasized the new ordinance does not apply to existing lighting, and said the community development department will undertake the burden of outreach and enforcement.
“We did get some written correspondence not in favor of the ordinance,” said Mayor Paul Blatz. “Someone made a comment that they thought it was inappropriate for us to consider comments or opinions from those who live outside the city … I think that public comment, however we get it, is important for us to hear.”
“I’m really big on this freedom of speech thingy,” agreed Strobel. “I will absolutely protect your right to speak, regardless of where you live.”
“Ojai is a valley. Honestly, some people move here and have no idea if they live in Ojai (proper) or in Ventura County (unincorporated areas),” weighed in Councilwoman Carol Smith. “People move here for the quality of life. They frequent downtown, they are a part of the valley, and I absolutely want to hear from them.”
Councilwoman Betsy Clapp echoed this sentiment, then questioned whether the lighting standards could be applied to street lights owned by Southern California Edison. City manager Rob Clark said staff could look into that possibility.
A second reading of the ordinance will take place March 12 during the next regular council meeting.
Council also approved, in a 3-to-2 vote, to charge the Ojai Certified Farmers Market a $50-per-market-day fee. Originally the fee proposed was $100 per day, or half of what a nonprofit organization is usually charged for use of city property. Currently the only money the city gets from the market is a $63-per-year encroachment fee.
Last November, City Council directed staff look into the possibility of charging a fee to the market “to cover the impact of the Farmer’s Market on the Arcade Plaza Assessment District,” explained Ojai City Manager Rob Clark in his staff report. “The Farmers Market does not participate in the Arcade Plaza Assessment (a tax on Arcade Plaza businesses to cover the city costs of maintenance for the area) or pay rent to the city for use of the parking lot.”
“I feel their profit is considerable enough to pay $100 per week,” said former market vendor Alicia Tharp. “However I feel that the fee should not go to vendors.”
“My mother is not a rich woman,” countered Santa Monica resident Ashley Korman, daughter of Ojai Farmers Market founder Cynthia Korman. “Yes, this fee is a burden to her.”
Korman also said one of the farmers who sells at the OCFM told her mother he would go elsewhere if any additional fees we charged to vendors. Mayor Blatz pointed out farmers would only be faced with an additional charge if Cynthia Korman passed along the fee to her vendors.
“There is no question that there is wear and tear to that parking lot, and the parking lot is part of the Plaza District,” said Blatz.
“I love the Farmers Market, and I do understand the value, how it brings a lot of tourists into town,” said Councilman Severo Lara. “Every time I go, the market is always filled. Yet you say it is not profitable?”
“How many years have you lived here? How long have you been coming to the Market?” queried Cynthia Korman.
Lara answered he has lived here his entire life, and has frequented the Farmers Market ever since he can remember.
“Well then maybe you can remember how it used to be,” countered Korman. “And people don’t just buy things, they also socialize, stand around and talk.”
“The Farmers Market is great, don’t get me wrong,” contributed Clapp. “But this is a for-profit business, and there are costs. $63 per year, I wish I could pay that for my business! There is wear and tear to common areas, I think it’s important that everyone share in that burden.”
At Lara’s suggestion, the fee was reduced from the proposed $100 to $50 per event, and passed with Strobel and Smith providing the only dissenting votes.
The next regular Council meeting is scheduled for March 12 at 7 p.m. at 401 S. Ventura St. in Ojai. Visit www.ci.ojai.ca.us to view videos of previous meetings, or for information about upcoming meetings and agenda items.
I noticed that last night even though it was raining the Sarzotti park lights were burnin away into the night even though the park was completely vacant.
I like the dark nights ordinance I love watching the stars and meteor showers, don’t care for the ban on plastic bags. I still see tons of litter on the side of the road. I was hoping the ban would open the eyes of people who litter, cause them to stop and think before they toss out their empty cigarette packaging, their candy bar wrappers and the ubiqueous over- sized gas station purchased soda cup, plastic cap and straw.
Since virtually every street in Ojai is plagued with potholes, making it darker at night will bring about an epidemic of sprained ankles and crashed bikes.
Way to go Ojai! You certainly know your priorities!
No shopping bags, no smart meter ban enforcement, no lights, no common sense.
I couldn’t agree more. And I’ll be damned if this podunk city council will dictate how I light my front porch. It’s a safety issue – jesus. Small minds – that’s for sure. I miss Sue Horgan – she got out just in time.
It’s too bad that the city council doesn’t realize the very generous income being made by one individual off the farmers market. $80,000 is a very conservative figure. The costs are minimal in comparison.The fee should have been set at $100/day.
This market needs to become a non profit event like most others are.
Ah yes, “they don’t live in the City of Ojai” argument which goes on and on. But their children go to school here, they shop here, they contribute to the tax base here, their friends and family come here to shop and stay and pay local and bed taxes…..