ojai news at The Ojai Post :: blog, newspaper, events in Ojai, California

(Anthony Virgilio, courtesy of Ilumination News Investigative Service & the WorldWideWeb)

The OVN reports that, "the county’s position is that they have not done anything wrong, said District 1 Supervisor Steve Bennett. Since 2001, the Ozena Valley Mine’s conditional use permit allows project-related trucks to travel on Highway 33 through the Ojai Valley, Monday through Friday between 6 a.m. and 7 a.m and 9 a.m. to 3 p.m. "

For the full story go to:

http://ojaivalleynews.blogspot.com/2008/03/gravel-truck-owners-suing-county.html

"The plaintiffs believe this to be a reinterpretation of their permit requirements, by which they have been operating their business for seven years according to the lawsuit."

In a letter of January 17, 2008 to Scott Eicher of “Stop the Trucks,” by Kim Rodriguez, the head of the Ventura County Planning Division, she makes several key declarations and acknowledgements. First that although there was some past confusion among department staff as to the interpretation of the hours listed in the 2003 CUP Modification #1 of 2003, the Planning Division has determined that Condition 72 (Days and Hours of Operation) will be enforced using a strict and literal reading of the conditions which prohibit “All Project Related Travel 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.

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 to the Planning Commission.

Last October the agent for Ozena, John Hecht stated in a letter to the Planning Division, “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.”

In an analysis of the Ozena situation sent to the County earlier this year, "Stop the Trucks," concluded that:

A) Not only is Ozena trying to shift blame onto the County's Planning Division for any possible non-compliance, they have clearly put themselves in a double bind:

B) 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 proposed in the new Modification #2.

C) 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 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.

D) Based on this analysis and prior to any Planning Division EIR of Modification #2, there should be a thorough, open and public investigation of whether or not Ozena has in fact complied with the existing CUP conditions.

E) The review should include at a minimum 2 continuous months worth of weigh tickets and billing records for the same time period. Preferably these tickets should be from July and August of 2007 and should specifically include the days immediately before and after the August 14th Complaints. Although the Coalition raised serious questions about the credibility of the weigh tickets, obtaining two months worth along with financial data such as billing records for the same time period should enable a credible analyst to determine if in fact there was true compliance.

F) If in fact the operators are found to be out of compliance, proceedings should be initiated to immediately suspend their current permit and deny their request for Modification #2 and the Aquaculture CUP.

G) There should be a review by Planning Division staff and County Counsel, if needed, to assess the ownership rights of Tony Virgilio. If found lacking, the permits should be denied.

H) There should be a review by California Fish and Game to determine compliance with that agreement and again, if found lacking all permits should be terminated and/or denied.

I) Should the Mine be found in compliance then better means for reasonable and feasible monitoring of the mine operation must be implemented at the operator’s cost. This should include cameras not only at the mine but also in Casitas Springs, in Ojai and at the junction of Lockwood Valley Road and Route 33. Cameras should be accessible online by the public with digital back ups for every day archived by the County for later review. Under no circumstances should the cameras be under the control of the operator.

J) The “Stop the Trucks” Coalition should be prepared to take whatever steps are necessary, including legal action to insure that a full review as noted in B) – H) occur as soon as possible and prior to any other consideration of the Ozena permits.

(Image provided courtesy of Daly Road Graphics & Ray Smith)

Who Are the Members of the “Stop the Trucks Coalition”: The “Stop the Trucks” coalition is composed entirely of citizen volunteers such as yourselves. The coalition and its executive board represent the Ojai Valley Chamber of Commerce; the City of Ojai; the Ojai Valley Unified School District; the Ojai Valley Board of Realtors; Los Padres Forestwatch and many other citizens and affiliated groups. We are represented by a top environmental law firm.

Why are you Raising Money: Members of the coalition are all volunteers who have donated their time because like you, they believe the Ojai is worth saving. Our fundraising efforts help pay mounting legal expenses in our efforts to challenge the Ozena Mine and others from trying to gain approval to send hundreds of mine transport double hopper trucks through Ojai as well as our efforts to challenge Caltrans so that the City of Ojai may end up reasserting control and jurisdiction on whether or not massive industrialization or our two major road arties can proceed.

How can I Help or Donate Funds: The Ojai Valley Chamber of Commerce is helping the coalition collect funds. Please either call the office at 640-2524 or see our “Pledge Form” at:
http://www.ojaipost.com/2007/05/stop_the_trucks_pledge_form.shtml

How can I File a Complaint about Trucks that Appear to be Violating the Rules: We have posted a “Catch the Trucks” complaint form at: http://www.ojaipost.com/2007/06/catch_a_truck_violation_report.shtml

What are the Rules: Some of the mines currently have little or no restrictions imposed upon them. On weekdays Ozena is limited to sending trucks in either direction between Casitas Springs and Ojai from 6:00 am to 7:00am and from 9:00 am to 3:00 pm.

How can I Contact “Stop the Trucks”: You can call “Stop the Trucks” at 640-2524. Leave a message if no one is available or you can email at smythe@ojai.net and we will try to direct your query to the right person. For periodic news updates or for background information go to: http://www.ojaipost.com/stopthetrucks.shtml