Stop the Trucks: Another Victory for Ojai!
Photo by Daly Road Grapics, Ojai Ave at Montgomery, 7:00am on 1/22/08
Appeal by Ozena Mine to Expand Trucking Hours Rejected
On January 16th, Ojai and the “Stop the Trucks” Coalition racked up another small victory when Pat Richards, Acting Director of the Ventura County Planning Division rejected the Ozena Valley Ranch Mine’s attempt to gut the time restraints on trucking through the Ojai Valley through an appeal to the Planning Commission.
Under current guidelines established in their initial 2001 Conditional Use Permit (CUP) and renewed in a 2003 Modification, Ozena is restricted from sending trucks in either direction on Highway 33 between Casitas Springs and the City of Ojai on weekdays at any time other than 6:00am to 7:00 am and 9:00 am to 3:00 pm and Saturdays from 6:00 am to 5:00 pm.
According to documents sent in October and December of 2007 to the Planning Division by John Hecht of West Coast Environmental & Engineering, which purports to represent Ozena, in this matter, the mine operators wanted the Planning Division to re-interpret the CUP Conditions as “directional” only, (i.e. traffic is only restricted southbound between 7 and 9 in the morning and northbound after 3 pm.)
Such changes would have expanded allowable and permitted trucking through our valley from the current seven hours a day on weekdays to more than double that.
Hecht’s intimated that the Planning Department staff had agreed and approved his interpretation of directional limits only. He tried to bolster this claim by citing “verbal concurrence from staff” and work on an early draft of the CUP Modification #2 that were discussed but – importantly – never approved that would have allowed trucks to travel north in violation of Condition #72.
West Coast also claimed in that October letter - and here in lies the crux of the entire matter - that, “The applicant has relied on the county’s staff’s previous actions and interpretations in operating the project. If staff positions on Condition 72 changes and the limitations become absolute and bi-directional, it will severely harm the applicant and render this project un-economic.”
Not only was Ozena apparently trying to shift blame onto the County for any possible past non-compliance, they have clearly put themselves in a double bind:
If Ozena has been running a successful and economically viable operation for seven years without violating the terms of the CUP, there is no need for them to expand the scope of their operations or change the limitations on hours as they have proposed in the new Modification #2.
If on the other hand they have been economically viable only because they have been interpreting the CUP in their own (and unjustified) manner), then it is clear that they have potentially been in violation of the terms of the original CUP and Modification #1 and they should have their permit terminated and the request for Modification #2 denied.
Ozena’s interpretation was also rejected by Kim Rodriguez, Director of the Ventura County Planning Division. In a letter to “Stop the Trucks” on January 17, 2008, Ms. Rodriguez supported our position and declared that the Planning Division will enforce Condition 72 (Days and Hours of Operation) using a strict and literal reading of the conditions.
Ms. Rodriguez goes on further to indicate that if Ozena was in regular and routine violation of the CUP that the Department would take appropriate action against the mine, beginning with a hearing before the Planning Commission to either modify, suspend, or revoke the permit for cause. If corrective action were not taken it is unlikely that the Planning dependent staff would recommend approval of the CUP Modification Request #2 that is currently under review by Division to the Planning Commission.
“Stop the Trucks” salutes both Kim Rodriguez and Pat Richards as well as the entire Planning Division for being courageous enough to stand up to this assault on the CUP.
In a related matter, “Stop the Trucks” has raised the issue of “Authority” with the Planning Division. Apparently Mike Virgilo, the applicant on the CUP and the purported owner of the Ozena mine operations, died several months ago. As of January 24, 2008, no one at the Planning Division had seen any legal documents indicating who might be the rightful heirs to the land to which the CUP is attached. Our legal consultants are of the opinion that the Planning Division should cease all communications with anyone who purports to represent the mine operation until such time as their legal authority to do so is established and properly confirmed in writing.
Without proper documentation there is no way to know who rightfully speaks for the new owner(s) and that owner(s) could theoretically be anyone, from the proverbial “Aunt Tilley in Topeka,” to Mike’s son, Stephen Virgilo, who was arrested last year after an ATF raid on his father’s gun stores in Compton and Oak View on a federal criminal complaint that alleges Stephen sold firearms and ammunition to straw buyers who were purchasing the weapons on behalf of convicted felons and other prohibited persons.
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Comments (1)
Thank you, Howard, for your tenacity and reportage. And please extend a thanks to Kim, Pat and the Planning Commission for sticking to the fine print. Mr. V died "several months ago"??? So who IS the legal owner -- probate? Son popped on a weapons trafficking? The plot thickens......
Upon my morning travel on 33 (7-8 am), I've counted sometimes 4-5 "duallys" speeding east through Casitas -- I ALWAYS slow to less than 35 mph out of respect for the school bus/school children/workers on 33, and I am outraged that the CHP/Sheriff doesn't stop and ticket speeders/school bus violaters, much less the trucks (gravel as well as others cubes/semi's!) Try being a school bus driver having to left turn on 33 in the morning! Please...stop for the school busses and let them turn! AND...slow down...especially on the Arnaz grade...may times, I've had speeders pass me up the grade going 50-60 and on through Oak View... scary, scary ... and there's even a Sheriff's sub-station there...please, please respect other's lives, SLOW DOWN ON 33 -- save lives AND the road-wear! We've lost too, too many good people at the Creek Rd/Arnaz grade (which, IMHO, should be closed to left turns) Why didn't CalTrans put in a left-turn signal and/or a middle turn–merge lane there, of all places???
Comment #1 Posted by: judy k | January 27, 2008 11:13 PM