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Ojai City Council adopts interim hours for City Hall pickleball courts after heated public comment
Summary
After hours of public testimony and legal warnings, the Ojai City Council voted 3–2 on Dec. 17 to adopt interim hours and mitigation measures for the City Hall pickleball courts and asked staff to return with a sound-mitigation plan in three months.
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The Ojai City Council voted 3–2 on Tuesday, Dec. 17, to adopt interim hours and mitigation measures for the City Hall pickleball courts, directing staff to pursue a sound-mitigation plan and return with a report in three months.
The action implements temporary rules while the council and staff work toward longer-term options after voters approved Measure O (the Ojai Pickleball Act). Supporters of Measure O urged the council to open the courts “dawn to dusk” as other city parks are open; opponents and nearby residents pressed for limits citing persistent noise. The council adopted a compromise schedule, authorized recommended equipment lists and asked staff to explore sound walls and signage.
City Manager Harvey opened the special meeting by telling the council that the certified Measure O left the courts’ hours unspecified and that, under the municipal code and past practice, final authority on hours rests with the council. City Attorney Summers advised that commissions are generally advisory and that, while commissions and staff can make recommendations, appeals and certain disputes ultimately come to the council.
Public comment filled the meeting. Brad Hertz, the attorney for Measure O’s proponents, warned the council that “Measure O ... is now the law of the land” and said the city risks litigation if it narrows the measure’s effect. Pickleball players and supporters repeatedly said they would accept some voluntary limitations to be good neighbors, while nearby residents described repeated noise problems and urged strict limits or sound mitigation already recommended by a professional study the city paid for.
After extended discussion the council approved an interim set of rules described and read into the record before the vote: winter hours (October–March) of 8:30 a.m.–12 p.m.; courts closed 12–2 p.m.; courts reopen 2–5 p.m.; summer hours (April–September) of 8:30 a.m.–12 p.m.; courts closed 12–2 p.m.; courts reopen 2–7 p.m.; weekend days would open at 10 a.m. with no midday break. The council also authorized the use of recommended quieter paddle/ball equipment lists, asked staff to develop a sound-mitigation plan (including an estimate for walls or panels) and directed staff to install clear signage about hours and consider locking courts outside posted hours. The council set a three-month follow-up report to review how the interim measures are working.
The recorded vote was: Mayor Gilman, yes; Mayor Pro Tem Lang, yes; Councilmember Ruhl, yes; Councilmember Meng, no; Councilmember Whitman, no. The motion passed 3–2.
Council members said they sought a balance between enforcing the voter-approved Measure O and responding to neighbors’ complaints and technical recommendations from the city’s earlier sound study. Council discussion included multiple references to prior periods of different hours at the courts, the Parks and Recreation Commission’s advisory role, and whether the city manager or the commission should set hours in ordinary practice.
City staff told the council that a rough, preliminary public-works estimate for a 10–15-foot fence with sound-deadening material around the full perimeter of the court was roughly $700,000 and would require treating as a capital improvement subject to prevailing-wage and procurement rules. Staff emphasized that the estimate was preliminary and would require formal design and bidding.
Supporters of Measure O said the initiative requires liberal construction in favor of public use and that limiting hours beyond what voters expected risks legal challenge; opponents said decades of residence and multiple sound studies show the courts produce intrusive noise for neighbors and must be mitigated. Brad Hertz, counsel for Measure O supporters, said the city should open the courts “from dawn to dusk beginning this Friday” and warned that narrowing the measure would “lead to a lawsuit” and possible fee awards if challengers prevail.
The council’s interim decision includes these immediate directions: (1) apply the interim hours and equipment measures adopted by the council; (2) authorize staff to develop a sound-mitigation design and cost estimate to return to council; (3) install clear signage describing permitted hours and equipment; and (4) return with a staff report in roughly 90 days on how the interim measures are functioning.
The council did not adopt a permanent policy; members said the Parks and Recreation Commission could be tasked to study and recommend a permanent schedule and mitigation options once that commission is functioning. The motion and staff direction do not, by themselves, resolve remaining disagreements; multiple speakers and the Measure O attorney made clear that litigation remained a possibility if proponents believe the council’s measures conflict with the voter-approved ordinance.
Affected parties and staff will next weigh technical designs, capital cost estimates and timelines for any sound-mitigation construction the council may choose to include in a future budget. The three-month report will be the council’s opportunity to assess whether the interim schedule and recommended equipment reduce neighborhood impacts and whether additional action is needed.

