Ojai Valley News Blog

May 23, 2103
Kimberly Rivers, OVN correspondent

In a four-to-one vote, the Ventura County Board of Supervisors approved a measure that will create a change in the application for new conditional use permits (C.U.P.) related to oil and gas drilling in Ventura County.

Supervisor Peter Foy cast the only no vote against the measure, brought by Supervisors Steve Bennett and Linda Parks.

New questions will be added to the application, asking whether the operator intends to hydraulically fracture (or “frack”) the wells. If so, the application asks when fracking will occur, what chemicals will be used and how waste fluids will be disposed of.

Bennett indicated that this change will provide planners with necessary information to determine whether the project should be approved.

Hydraulic fracturing is a well completion process that uses water, sand and chemicals injected at high pressures to break apart hard, dense rock formations deep underground to release oil that has been previously unrecoverable.

“I don’t know how anybody can say we shouldn’t ask that question,” said Bennett while introducing the measure.

“It is important to protect our water supply,” said Supervisor John Zaragoza.

Foy, however, countered by saying “We have to be careful that we don’t put so much burden on the industry. I haven’t seen (fracking) done irresponsibly in our state. Other counties haven’t (passed similar measures).” Foy emphasized the economic importance and number of jobs the oil and gas industry brings to the county as part of his basis for not supporting the measure.

The measure also asks the Ventura County counsel to provide information to the Board of Supervisors regarding how the county can have more oversight over “antiquated” C.U.P.s, some of which allow oil companies to drill more wells after getting county approval for minor modifications. It also requests information on what requirements the board can place on water usage.

This approval comes just days before the county’s Planning Commission will hear an appeal filed by Citizens for Responsible Oil and Gas (CFROG). The group has asked for a review of the approval, made by the Planning Director, for Mirada Petroleum to drill nine new wells and rework two existing wells in an oil field behind Thomas Aquinas College between Upper Ojai and Santa Paula. The applicant, Mirada Petroleum’s Scott Price, asked for a minor modification to his permit, which was last modified in 1992. Mirada operates 30 wells in the area.

CFROG members have retained the help of the Environmental Defense Center (EDC), a non-profit environmental law firm, whose work is focused on the central coast. CFROG hopes the county will be required to perform a supplemental environmental review for this project, as it has been decades since any environmental report was done.

Brian Segee, lead attorney with the EDC, was present when the measure passed earlier this week. The action is “well within your police powers (and) your duty as a local agency to protect the health and safety of residents. No one else is doing that,” Segee told the board during the public comment portion of the hearing. “This is not your grandfather’s fracking. (The industry) has married existing technology with horizontal drilling. (This is) different technology, different chemicals and nobody has looked at the environmental impacts,” he said, adding that it is incumbent upon local agencies to do so.

“Nobody is opposed to jobs or oil. (We support) responsible oil development,” said John Brooks, a resident of Oak View and a CFROG founding member. “The next oil boom has to be done in a way where we can save the planet rather than hurt it further. This will help lift the veil of secrecy. It is a baby step and a responsible step.”

“This (measure) is well within your scope of powers. Of course the oil industry is going to dispute that,” said Helen Conly, also a resident of Oak View and founding CFROG member. It is the duty of the supervisors to “take care of the well-being of residents, small business and all industries — not just the oil industry.”

The EDC will represent CFROG at the Planning Commission hearing set for next Thursday at 8:30 a.m. in the Board of Supervisors meeting room, at the Ventura County Government Center. The hearing is open to the public.

Visit www.CFROG.org for more information on CFROG.

May 23, 2013
Misty Volaski, editor@ojaivalleynews.com

A new U.S. Senate bill — which has gained bipartisan support — is giving rental car safety proponents a reason to feel optimistic.

Tuesday, Ojai mom Cally Houck testified in Washington, D.C., in the first hearing for the Raechel and Jacqueline Houck Safe Rental Car Act of 2013.

“The hearing went incredibly well for us,” said Rosemary Shahan, president of Consumers for Auto Reliability and Safety (C.A.R.S.)

The bill, S. 921 was named for Houck’s two daughters who were killed when the rented car they were driving slammed head-on into an 18-wheeler, killing both women, ages 20 and 24, instantly.

A jury eventually found Enterprise Rent-A-Car at fault for renting a PT Cruiser to the women that was the subject of an unresolved safety recall.

The bill was introduced by U.S. Sen. Barbara Boxer (D-CA), Charles E. Schumer (D-NY), Lisa Murkowski (R-AK) and Claire McCaskill (D-MO), and is co-sponsored by Sen. Dianne Feinstein (D-CA), Richard Blumenthal (D-CT) and Kirsten Gillibrand (D-NY).

If passed, the bill would protect consumers by banning rental car companies from renting or selling vehicles that are under safety recall. According to a press release from C.A.R.S., “While current law prohibits car dealerships from selling recalled vehicles to consumers, no law bans rental car companies from doing the same or renting them to unsuspecting consumers.”

It has eventually received support from Hertz, Enterprise, Avis Budget, Dollar Thrifty and National, as well as the American Car Rental Association .

It’s a marked change from where Houck’s fight stood just one year ago, when only Hertz backed her efforts.

“What a difference a year makes,” Houck said Wednesday. “Although I’m not ready to be a cheerleader for Enterprise, and I suspect their graciousness has a self-serving edge, I get the impression they are committed to this campaign, and they like doing this.”

In testimony Tuesday, Houck told legislators, “Recalled cars endanger the lives of everyone who shares the roads. Not only the people who are riding in them, but other drivers as well.” Raechel and Jacqueline hit an 18-wheeler, she went on, but “it could just as easily have been a minivan full of children, with more lives lost.”

“Our goals for this legislation are twofold — to protect families, and to prevent undue burdens for employers — and this agreement succeeds on both fronts,” said McCaskill, chairman of the Senate Subcommittee on Consumer Protection. “Neither side got everything they wanted, but by everybody giving a little, we’re getting a lot — and that’s what compromise is all about.”

As it was presented Tuesday, the Houck bill would prohibit the rental or sale of vehicles subject to a safety recall, and force companies to ground the vehicles within 24 hours of receiving the safety recall notice, and keep them grounded until repairs have been made.

However, the companies do have a bit of wiggle room. If the recall involves more than 5,000 vehicles in their fleet, they would get an extra 24 hours to ground them. If parts are not immediately available — and if manufacturers identify temporary steps that can be taken to eliminate a safety risk — companies can take those steps until parts become available. The bill would also give the National Highway Traffic Safety Administration (NHTSA) authority to police the companies’ recall safety practices.

Opposition voices were few, but included the Alliance of Automobile Manufacturers (AAM). Wade Newton, AAM spokesman, acknowledged Thursday that “We identify with the goal of the bill’s sponsors; we want to promote the speedy repair of recalled vehicles.” However, Newton added, the AAM doesn’t feel that grounding all vehicles with a safety recall is necessary.

“Nine out of 10 recalls don’t include instructions to stop driving the vehicle … often, it’s something that, over time, needs to be addressed … (the bill) is treating all recalls as if they are the same.”

Not surprisingly, Houck, the Senators and their supporters disagree with the AAM’s position. “Our answer to that is, first of all, why are you making millions of cars with the same defect? You should’ve figured that out before you had that many cars that are (defective),” said Shahan. “The dealers and manufacturers are saying, ‘We shouldn’t have to ground the (vehicles) unless it’s a certain kind of defect.’ Well, who gets to choose? If it’s under a safety recall, there’s only one reason why — because they are unsafe.”

“You can’t pass the risk on to the consumer. That is so unfair. That’s never acceptable, we’ve always said that,” Houck said.

“Rental car companies are rolling the dice with passengers’ lives each and every time they rent a car that’s under a recall,” said Schumer.

“This unspeakable tragedy could have and should have been prevented. Certainly, it should never be allowed to happen again,” said Congresswoman Lois Capps (D-CA23) in a statement submitted for the hearing. “I am pleased that the rental car companies have come together with safety and consumer groups to support this common sense legislation.”

Last year, Capps introduced a similar bill in the House. Proponents tried, unsuccessfully, to attach that bill to the NHTSA reauthorization bill. “But I’m kind of glad it didn’t get attached to the transportation bill,” Houck said, “with all the election brouhaha.”

The current bill will continue through the Senate, although a time table for a vote has not yet been set. Soon, however, Capps intends to introduce the House companion to the latest bill.

Houck acknowledged, “We still have some work to do (in the House bill),” but remained confident that the cause is gaining momentum. “The airbag bill took 10 years. Ten years! We’re been working on this since late 2010, and it’s 2013. We’re good. We’re moving ahead.”

May 21, 2013
Chris T. Wilson, OVN correspondent

When the full moon rises over Ojai Saturday evening, Libbey Bowl will fill up with musicians and fans joining forces to benefit a Haitian orphanage and school started by a local couple after the devastating earthquake there in 2010. Rising rock star Lissie will headline the bill, having just arrived back in Ojai after a tour of the Midwest and Britain to promote the release of her new single, “Shameless,” and upcoming album.
The Changing Tides orphanage was founded by Ojai’s Vance and Cheryl Simms in 2010 after the devastating 7.0 earthquake there killed 220,000 people and left millions of others without homes and basic necessities.
This is the second benefit concert Lissie has headlined in Ojai for Changing Tides. Last August, along with Todd Hannigan and others, she helped raise $17,000 for Changing Tides. On Saturday, Hannigan will perform again, and local singer-songwriter Emy Reynolds will also perform.
“Vance is doing this incredible work not only for the kids in the orphanage, but also for the people in the community,” Lissie said. “Within the community, he has a really positive impact. I like his style; he’s very practical and really cool. He’s just like, ‘I’m in a position where I can help, even if I can only help this handful of kids, I know that is something that is worth doing.’”
Funds collected from the benefit concert in August have helped to offset the day-to-day expenses of housing 15 children in the orphanage and educating 30 young students in the school. The orphanage and school currently sit on leased facilities, but Simms said he’s recently purchased a piece of land with the help of another donor, and is looking to build a full 12-grade school there.
“We do a lot of community outreach programs, in addition to the orphanage and school,” Simms said. “The money raised from the concert was a very big part of our budget. It costs about $3,800 per month to run the orphanage and school. We do a lot with that money, including running a clean water program and feeding some elderly in the neighborhood.”
Simms took Lissie and her band’s guitar player, Eric Sullivan, to Cité Soleil, a densely populated slum in Port Au Prince where they was witnessed first-hand one of the poorest places on the planet. They put on a concert for the neighborhood near the orphanage, and spent a week there. Fender donated a few guitars that Lissie and Sullivan took with them.
“These kids are the future of their country, which, even before the earthquake, was the poorest place in the Western Hemisphere,” Lissie said. “We filmed everything and we’ve made a promo video that Vance can use, and we’re making a little series from the video we shot.”
Lissie hopes the video they shot will help her fans be more involved in understanding her interests. “I want people to know what I’m passionate about,” she said.
Simms travels one week per month from Ojai to Haiti, often taking people with him.
“I took a bunch of Thacher kids and their parents and they want to make a return trip,” Simms said. “We’re trying to take people who want to help. It opens your eyes to see how a part of the world lives. You can see it on TV, but it’s so different when you’re there and see it for yourself.”
Simms said he’s got a long and growing list of committed volunteers who are on board to help build the school and new orphanage as those plans evolve.
Ticket sales for Saturday’s show have been going well, he said. He anticipates a last-minute rush of sales the day of the concert.
“Last year we sold 450 tickets the day of the show,” he said.
Saturday’s concert in Libbey Bowl is set for 6 to 9:30 p.m. Visit www.changingtidesorphanage.org to learn more about Changing Tides, and www.lissie.com for tickets (click on “gigs”). Tickets are also available at Julia Rose and Company, 335 E. Ojai Ave., and Contempo Hair Design, 205 S. Signal St. Simms encourages people to follow the Changing Tides page on Facebook.

May 22, 2013
Misty Volaski, editor@ojaivalleynews.com

Although the National Disaster Search Dog Foundation (NDSDF)is based in Ojai, only two dogs from the Ojai area have ever been selected for training.
One of them, Moxie, has been deployed to Oklahoma City after the devastating EF-4 tornado that ripped through the area Monday, leaving dozens dead and hundreds injured. Cell phone service is spotty at best, said Search Dog program manager Kate Horwick — so getting updates from Moxie’s handler, Oklahoma firefighter Brent Koeninger, and the other Search Dog teams has been difficult.
Moxie and Koeninger joined 11 other NDSDF-certified teams searching the rubble in Moore, Okla., Shawnee, Okla., and Granbury, Texas. More may be heading out soon. “They mobilized almost immediately,” said Horwick, adding that they’ve searched through schools, homes and a bowling alley, among other places. “The only reason we know about the bowling alley is that we saw one of our dogs on CNN,” Horwick said. “From what we’ve heard, right now, they feel like they’ve done about 20 percent of the search and rescue areas.”
Weather is a big factor, and things like lightning and severe storms will force teams to “take cover, to sit and wait. We kind of need everything to cooperate,” Horwick added. “We have no idea how long they might be out there. As long as it takes.”
Three-year-old Moxie, originally named Roxy, had lived with a family in Camp Pendleton until she was about a year and a half old. But, according Humane Society shelter director Jolene Hoffman, when her owner was deployed overseas, he had to surrender her to the Humane Society of Ventura County (HSVC) Ojai shelter. She was there for only a day before several locals recognized the Lab’s potential as a search dog.
“We got quite a few calls from people in the community that had seen her, telling us about this great dog,” said Horwick. “Most of our dogs come from California, but Moxie is only the second in 15 years to be recruited from the local shelter. She’s very different from most dogs we get — the majority are strays, found on the streets and are never claimed.”
Search Dog workers headed over to the Humane Society and tested Moxie, who quickly showed herself to be a perfect search dog training candidate. The Ojai shelter typically only adopts animals to approved family homes, but, said Hoffman, Moxie was different.
“She was so high energy, we knew we could not place her in the average home,” Hoffman said. The HSVC board of directors understood, and made an exception to their usual rule. “And it definitely ended up being the right one, because look where she is now!” Hoffman said. “It was a very lucky day for us,” said Horwick of the NDSDF. The Humane Society board allowed Moxie to go to NDSDF handlers in Gilroy, Calif., and go through the rigorous training required for her to earn the title of search dog.
As Moxie neared graduation, trainer Sharon Hanzelka told the NDSDF, “She’s always very excited to work, has a great attitude and wants to please you.”
Shortly after being paired with Moxie in October 2012, Koeninger said, “She has been going with me non-stop … Moxie is a sweetheart. Like the Energizer Bunny, she keeps going and going and going. I hope I can keep up!” The pair are always together, ready 24/7 to be deployed at any time through Oklahoma Task Force 1.
Visit wwww.searchdogfoundation.org for more information, and “like” the National Disaster Search Dog Foundation on Facebook for deployment updates for all NDSDF teams across the country.

May 16, 2013
Tiobe Barron, OVN corrrespondent

A request for a variance to allow a rock wall on North Signal Street help prompt a workshop between the Ojai City Council and the Ojai Planning Commission during which the two groups reconsidered a number of city policies and priorities.

The variance was denied by the Planning Commission, but approved last month when the applicants appealed to the City Council.

“I think Commissioner (Paul) Crabtree brought up the question at the last meeting, where we had a Planning Commission decision that I think was four to one against a variance, and then it came to Council, who voted five to one in favor of the variance,” summarized Commissioner John Mirk during the Tuesday night workshop. “He was kind of concerned that we were getting out of step between the Planning Commission and the Council.”

“There was a (state-wide) presentation we were in that addressed variances, and it basically said, bottom line, that it is rare to give out variances,” offered Commissioner Kathleen Nolan.

Nolan continued that there is typically a stringent list of criteria qualifying a property for a variance — for example, when a stream runs through the property and creates a changing topography. This, she theorized, prevented just about anyone who wanted one from obtaining it.

“What you guys (Planning Commission) did is exactly correct,” stated Mayor Paul Blatz. “We have a little bit of a different calling in that the buck kind of stops with us and we are accountable to the electorate … So we have a little bit more flexibility in the way that we interpret the findings we have to make.”

For Commissioner Troy Becker, the discrepancies between the Council and Planning Commission decisions allowed the property owner to get away with serious transgressions.

“As planning commissioners and council members, we often have to swallow our pride a lot. And I think that’s just something we have to do. We’ve all done it. And I can swallow my pride on the wall. It’s a beautiful wall; I think it looks great. It matches the neighborhood. I really don’t have issues with the wall,” said Becker. “But one of the things that I had articulated to the applicant that I had a problem with is I had a discussion via email with Rob (Clark) when I was in Germany which was: Did the wall require a permit? And the answer was ‘yes.’ Was it constructed by a licensed contractor? And the answer was ‘no.’ So, my suggestion was that we need to put that on the variance application. If you violated the law, we shouldn’t even be looking at a variance. And by the way, it is the law. I went to Sacramento and looked at the big book and it is the law. It looks pretty dumb of us to be approving work that is completed by a non-licensed contractor.”

Councilwoman Carol Smith echoed Becker’s sentiments.

“Why in the world would you not hire a licensed contractor for a job that’s going to cost $25,000? How does a homeowner even think about doing that? Do we need to include some education to our public about the dangers that a homeowner faces when they hire somebody without a license?” asked Smith. “Ignorance is no excuse. Or trying to bifurcate the process is no excuse … How dumb can you be?”

Councilwoman Betsy Clapp was disturbed by another aspect of the variance appeal case for the wall.

“I think we need to consider that they had a stop-work order and continued,” said Clapp. “There is something really uncomfortable to me when people proceed with impunity. It is distasteful that they came to us and they got away with it. I can see where Planning Commission is saying, ‘Come on, you guys!’”

Clapp also inquired as to what the Development Department’s procedure is, when someone comes into the office requesting a variance.

“I think I’m pretty up-front with applicants that it is a difficult process and that there are special findings that need to be made, and that it is expensive and the outcome is uncertain,” answered Community Development Director Rob Mullane. “And that is as best as I can do without going beyond my authority.”

In regards to reconsidering the Planning Department fee schedule and its policy toward right-of-way designations, as well as priorities for the Community Development Department, Commissioners determined it would be most efficient to decide specifics on a neighborhood-by-neighborhood basis.

“Council is getting into the budget cycle to review priorities for the department, as well as other departments in the city,” said Mullane. “(At) the last Planning Commission meeting we talked in some detail about what the priorities for the department might be, and I set forth a laundry list of a few of the items that have been before staff for the last couple years. The Commission came up with an overarching objective or initiative that they thought would really address a lot of the issues all at once.”

“We keep seeing things that come through Planning that quite frankly kind of waste our time and aren’t Planning issues. They cost staff time, they cost city time and aren’t really generating revenue for the city,” elaborated Becker. “In my opinion, it all gets back to — we have to get back into correcting our codes and making them readable and understandable … There’s a little bit of distrust that happens at the Planning desk. It’s a kind of like being in a courtroom, I suppose. You can always find an argument to support your case. It doesn’t mean you’re going to win. So the idea was to work off of something we’ve been talking about, a real planning thing, and that is to look at our community as segmented by certain neighborhoods. That’s already been accomplished, through our Master Tree Plan, Community Forest Management Plan.”

Clapp suggested it might be prudent to hire outside help to consolidate existing data and criteria in delineating distinct neighborhoods of Ojai, and directed staff to consider this alongside the upcoming budget discussions.

Visit www.ci.ojai.ca.us to view the meeting in full.

May 16, 2013
Tiobe Barron, OVN correspondent

Ojai City Council used its regular meeting Tuesday to reaffirm its goals and priorities, consider a new procedure for appealing staff planning decisions and to gear up for the 2013-2014 fiscal year budget.

In response to some contentious decisions on specific planning and building applications, Mayor Paul Blatz suggested establishing a process by which applicants could have the staff decision reviewed administratively by the mayor and mayor pro tem.

“The city of Ojai receives a large number of applications for planning approvals and building approvals — about 600 per year,” explained city manager Rob Clark. “In receiving those applications, we have to make administrative-level determinations … Out of 600 applications, we maybe get about a dozen per year where there is a disagreement, where the applicant feels that, administratively, we have been too black and white. I think that we would admit that in some cases we have been.”

Clark went on to say that in recent weeks, staff has “made a concerted effort to not only take into consideration the letter of the law, but also the spirit of the law.”

Clark pointed out that currently, if there is a dispute between an applicant and staff, the protocol is for the appeal to be taken before the Ojai Planning Commission, which can be costly and time consuming.

Creating an appeal process involving two members of the City Council, as Blatz suggested, would create a “standing committee” under the Brown Act, creating further procedures to follow and requiring more staff time. In lieu of this, Clark recommended either a free appeal process to the city manager or reducing the cost of a Planning Commission appeal by about half. Additionally, he suggested, should the review find in favor of the applicant the fees could be refunded to the applicant.

“I’m comfortable with all three of these procedures being implemented,” stated Blatz.

The matter was a discussion item, so no formal action was taken, but after hearing approval from council members, Clark said he would proceed structuring the new review process.

As far as determining the next fiscal year’s budget, Clark said the process is inextricably tied with assessing the council’s goals and priorities.

“These goals and priorities drive the budget process,” said Clark. “One of the most important goals of the City Council consistently, over the whole time we’ve been doing this, is to address our infrastructure.”

Clark pointed out that a recent increase in the so-called “hotel tax” has allowed the city to actively pursue its capital improvement plans. Blatz credited the new Tourism Bureau Improvement District and the Ojai Visitors Bureau with the recent increase in tourism in the Ojai Valley.

Councilman Severo Lara asked whether the Planning Commission would examine its fee schedule as part of the 2013-2014 budget.

“I just want their input,” said Lara. “I don’t want us to lose too much money, but I want us to be fair.”

In keeping with that ideal, Councilwoman Betsy Clapp proposed they enlist a member of the public to join the Budget Committee.

“I made the suggestion because I felt that it was really important to have, for transparency and public education, somebody from the public participate in the Budget Committee meetings. It would be really valuable to have somebody there,” explained Clapp.

“Right now, the committee consists of two Council members, the treasurer, the city manager and the finance director,” Clark said. “This would just provide another set of eyes to look at our numbers and ensure transparency.”

Councilwoman Carol Smith countered she would be concerned if that individual were to have a personal agenda, and influence budget decision to their own end. Blatz and Lara emphasized the need for transparency, and directed staff to follow up on the matter.

Council is expected to finalize a budget for the next fiscal year by the end of June. Visit www.ci.ojai.ca.us for more information.

May 14, 2013
Chris T. Wilson, OVN correspondent

When Ojai body-work therapist and placemat baron Joe Cocke wanted to return a collection of bottles and cans recently, he found that the recycling center in Meiners Oaks had closed.

“If I want to cash these in, I’ll have to drive all the way to Oak View to the place behind Dahl’s Market,” Cocke said.

The extra 10-mile round trip from downtown Ojai made the effort hardly seem worth it for the few dollars he would make from the California Return Value (CRV).

Meiners Oaks Ace Hardware management confirmed that the recycling center behind the El Roblar Drive store closed and left the site at the beginning of April, but they had little other information about the shuttered recycling center, it’s owners or if another similar business would be opening in the area anytime soon.

The closure of the recycling center behind Ace leaves an opportunity gap in the Ojai valley for a new center to set up shop.

Another recycling center behind the Von’s supermarket at the “Y” intersection of Maricopa Highway and West Ojai Avenue self-decertified in November 2009, citing lack of adequate volume, said CalRecycle’s assistant director for public affairs, Mark Oldfield.

State law, administered by CalRecycle, requires that supermarkets with $2 million or more in annual sales must have a recycling center within a half mile of the establishment.

“A supermarket creates what is called a convenience zone,” Oldfield said. “The idea behind it is that’s where people are paying for CRV and they should have a convenient location to recycle their cans and bottles.”

The CRV is not a deposit, but rather a regulatory fee designed to incentivize recycling, Oldfield added. That’s why recycling centers are usually in supermarket parking lots.

Oldfield added that because of the proximity of the Ace Hardware recycling center’s location to Ojai, an exemption had been in place for other markets in Ojai that would otherwise be viable “convenience zones.”

That exemption has been lifted, Oldfield said.

“The notice to the retailers that charge CRV in the unserved zones has been sent out,” Oldfield said.

That notice establishes a 60-day grace period in which the convenience zone retailers are not required to redeem CRV cash value in store.

“A 30-day notice will also be sent assuming no recycling centers are established in this time period,” Oldfield said. “They will have to begin redeeming in store until a center is established to serve those zones.”

Meanwhile in Oak View behind Dahl’s Market, there’s been a spike in business at the California Recycling Services Corp. location, Manager Ron Zarin said.

“We have been busier lately,” Zarin said of the Oak View recycling center. California Recycling Services operates six locations in Ventura County, but hasn’t made plans to expand into Ojai or Meiners Oaks, he said.

“We’ve talked about it but we haven’t made any decisions yet,” Zarin said.

For Cocke, who lives on the East End and works in downtown Ojai, driving to Oak View was not an option he exercised.

“I ended up tossing them in the recycling dumpster at work,” he said.

To learn more about California’s CRV program and find all the necessary information about recycling center opportunities, visit www.calrecycle.ca.gov or call 1-800-Recycle (732-9253).

May 14, 2013
Tim Dewar, publisher@ojaivalleynews.com

It took 21 pages to do it, but Casitas Municipal Water District (CMWD) attorneys refuted or agreed to all 133 allegations in the Golden State Water Company’s (GSWC) lawsuit seeking to stop the August bond election that could finance a buyout of the latter’s Ojai service area by the former.

In its answer, filed with the court March 26, CMWD attorneys agreed completely with only three of the allegations GSWC presented in its Ventura County Superior Court lawsuit. CMWD agreed partially with 36 of the allegations and completely denied 94.

“Casitas denies the allegations set forth in Paragraph 2 of the Petition, including without limitation the allegation that Casitas already has made a decision to exercise its power of eminent domain and Casitas further denies any inference that Casitas is engaged in some sort of “power grab” or “empire building” or that it is doing anything other than responding to widespread community support for Casitas’ acquisition of Golden State’s Ojai service area due to Golden State’s extremely high water rates and Golden State’s unresponsiveness to the needs of its customers and ratepayers,” wrote Casitas special counsel Jeffrey Oderman from Rutan & Tucker.

“Paragraph 4 of the Petition contains nothing other than improper and incorrect legal argument,” the response continued. “Casitas denies that this lawsuit is necessary to prevent Casitas from implementing a plan that violates the law and Casitas alleges that, in fact, this lawsuit is an improper attempt by Golden State to prevent the voters in Golden State’s Ojai service area from expressing their constitutional right to vote on the question of whether Casitas should be authorized to impose a CFD special tax on taxable developed properties within Golden State’s Ojai service area and sell CFD bonds in order to enable Casitas to acquire Golden State’s Ojai service area and help Golden State’s existing customers and rate payers escape the oppressive water rates currently charged by Golden State.”

In answering another GSWC allegation, Oderman wrote, “Casitas alleges that the true financial harm at issue in this case is the harm that currently is being suffered by the customers and rate payers in Golden State’s Ojai service area every day due to its excessively high water rates.”

Among the many issues to be determined in the lawsuit is whether GSWC has standing to interfere with the election, whether Mello-Roos funding can be used if a project involves an eminent domain action, whether GSWC would be entitled to compensation for loss of business goodwill and water rights — which GSWC claims are intangible rights and therefore not eligible for Mello-Roos funding — whether the Casitas board has already decided to institute eminent domain proceedings and whether the cost of GSWC’s assets could exceed the bond amount, making the risk too large.

“While Casitas has not yet prepared a formal appraisal of the fair market value of Golden State’s Ojai water system and alleged water rights, Casitas alleges that the California Public Utility Commission has set Golden State’s water rates for its Ojai service area (in 2012) based upon a valuation of Golden State’s entire Ojai water utility of only $14,643,249 and that in Golden State’s most recent general rate-setting application (Application 11-07-017) to the California Public Utilities. The Commission’s assigned Administrative Law Judge recently (on March 19, 2013) recommended that Golden State’s water rates for its Ojai service area for 2013 be set based upon a valuation for Golden State’s entire Ojai water system of only $17,144,400, which makes Golden State’s allegation that its Ojai water utility “potentially has a cumulative market value exceeding $100 million” grossly inflated and absolutely preposterous.

According to court records, the trial — which is open to the public — has been set for June 10 in the court’s Department 43 at the Ventura County Government Center.

EDITOR’S NOTE: This story was updated on May 15, 2013 at 12:06 p.m. to remove references to future filing dates.

The Amgen Tour of California bicycle race will be coming through the Ojai Valley Wednesday afternoon. Riders will follow Highway 150 from Santa Paula to Carpinteria, as part of Stage 4 of the seven-day race.

For riders’ safety, portions of Highway 150  — which includes Ojai Avenue — will see “rolling closures,” as riders pass through the Ojai Valley on their way from Santa Paula to Santa Barbara.

Expect closures and delays between approximately 2 and 4 p.m. along Highway 150. As cyclists pass through town, all streets crossing Ojai Avenue will be blocked to cross traffic.

Although closure times may vary due to riders’ speeds, CHP and local police estimate that participants will hit Gorham Road in the East End between 2:15 and 2:58 p.m., and they’re expected to pass Villanova Road between 2:22 and 3:07 p.m.

Ojai Avenue will be closed to eastbound traffic at Goldenwest Avenue starting at 1:45 p.m. At about 2:10 p.m, eastbound traffic on Ojai Avenue will be closed at Maricopa Highway.

For those wishing to watch the race as it passes through the Ojai area, the best viewpoints include Dennison Grade and Casitas Pass (“King of the Mountain” areas) and through the heart of downtown Ojai, through which riders will sprint.

Visit www.amgentourofcalifornia.com for more information.

May 9, 2013
Tiobe Barron, OVN correspondent

Representatives of the Ventura County Planning Division were disappointed by the low attendance at a Tuesday night workshop, which was designed to get public input to develop design standards for wireless communication facilities in Ventura County.

“We were happy that we could spend so much time speaking with the folks who did attend,” said Rosemary Rowan, the county’s long-range planning manager. “However, we were disappointed with the low turnout.”

Until recently, there have been no county-wide standards for wireless communication facilities, or cell phone towers. As wireless companies seek to expand and improve their coverage areas, the number of permit applications for these facilities has increased significantly in the past few years; so, last November, the Ventura County’s Board of Supervisors voted to remedy that.

A series of Planning Department workshops were scheduled to get public involvement and feedback on what criteria ought to be included in the ordinance.

A group who did attend, left upon learning the county was seeking input only on aesthetic matters — such as preferred sites for facilities and antenna design — with no criteria for health and safety issues designated within the ordinance being drafted.

“I can’t participate in this. It doesn’t address the most important issue at all, which is the health and safety aspects of the facilities,” said Ojai resident Sasha Leiterman at the workshop.

“When a facility goes up, what we should have is a meter telling the public exactly how much EMF (electromagnetic frequency) radiation is at that facility,” contributed Ojai resident Shalom Joshua. “It should be intelligible to laymen why this is such a real concern to so many.”

“The people who spoke here tonight are concerned with the health issues of these (facilities). These issues are real,” summed up Upper Ojai resident Bruce Garber. “There have been more and more authoritative documents coming out showing this. The main thing is that we (the public) don’t know enough. But we do know, there is a World Health Organization study showing measurably and definitively that as EMF increases, there is also an increase in rates of cancer.”

“When it comes to EMF, we are prohibited from addressing those issues at all,” responded Rowan. “We do hear and understand your concerns.”

“You don’t have jurisdiction when it comes to frequency issues, I understand and appreciate that,” replied Municipal Advisory Committee chairman Todd Wilson.

Canoga Park resident Phil Shiver urged county officials to approve all permits and to not restrict air rights or land rights in any way.

“These people are trying to put us into Hitler’s rule,” said Shiver.

While the city of Ojai does have established standards for these facilities, county officials sought guidance from the public for the rest of the county on issues such as height restriction for antennae, whether one tall antenna or an array of smaller ones was preferable, whether facilities should be allowed on ridgelines or built below, whether the public preferred “stealth” or “non-stealth” facilities. For example, certain antennae can be concealed under a new roof addition or behind a wall, blending in with architecture. There are also those designed to look like various types of trees, or false water towers.

County employees gave remaining meeting attendees green and red stickers to place next to examples of designs and sites illustrated on posters around the room that they approved or disapproved, respectively. Shiver and Wilson participated, while Garber elected to limit his participation to writing comments in the spaces allotted to that end.

Currently, the Ojai Valley has approximately 20 approved permits for wireless facilities, the majority of which are strewn along Creek Road and clustered around Highway 150 through Upper Ojai. While the county keeps track of approved permits, Rowan cautioned that an approved permit does not always result in a completed facility; projects may fail due to lack of funding or the whim of a corporation.

A list of sites of the existing facilities in the unincorporated Ojai Valley is not available through the county.

The next public workshop for this ordinance is scheduled for May 14 from 6 to 8 p.m. in the multi-purpose room at the Ventura County Administration Building, 800 S. Victoria Ave. in Ventura.

Visit www.ventura.org/rma/planning for more information.

Mike Daley demonstrates how to adjust a sprinkler head for maximum efficiency. (photo by Angelique LaCour)

May 9, 2013
Angelique LaCour, OVN correspondent

The Ventura River County Water District (VRCWD) discussed drought preparations for 2013 at its board of directors meeting Wednesday. VRCWD is trying to keep customer costs down by buying as little water as possible from Lake Casitas; but, because of below average rainfall, it will have to do so to supplement the low water level in the area’s groundwater aquifers.

“We will be spending about $440,000 buying Lake Casitas water this year, and we have to pass that cost through to our customers,” said Bert Rapp, VRCWD general manager. “For the typical customer, this will add $15 to $25 to their monthly bills this summer.”

“We really want to minimize what we take from Lake Casitas, not just because of cost, but because this is the first year of drought conditions and we don’t know when that’s going to improve,” Rapp said. “We don’t need to panic, but we have to conserve as best we can since Lake Casitas is our only backup water supply in the Ojai Valley.”

There are many things customers can do to conserve daily water use: salvaged gray water from washing machines can easily be diverted to gardens; it’s also legal to recycle gray water from showers and bathroom sinks (but not kitchens). Rapp also suggested installing water-saving toilet fill valves to prevent the toilet tank from filling if there is a leak.

“I recently put these in my home, and I’m amazed at how often the tank is empty,” Rapp said. “My toilets would have leaked for months before I would have noticed the water running. This is really a big water saver for a common problem.”

With summer almost upon us, the biggest challenge facing inhabitants of this coastal desert region is how to conserve water while caring for lawns, plants, trees, flower and vegetable gardens.

“Irrigation is the elephant in the room,” Rapp stressed. “One big change people can make is to replace Blue Grass with Bermuda grass, or exchange your lawn for native drought resistant plants.” According to Rapp, Bermuda grass can go without water an entire summer and still come back the next year.

Gardeners can visit the VRCWD office demonstration garden that is planted with native flowering plants that require as little as 0.4 gallons of water per week.

Mike Daley has been in the landscape design business for more than 30 years, and admits that even landscapes designed to be water conserving still require irrigation.

“Irrigation technology has come a long way, and we need to utilize it for water conservation,” Daley said. “Smart irrigation controllers and on-site weather stations that can be programmed are now available to control cutting-edge computer designed precision nozzles on sprinklers.”

The new multi-stream mini rotors apply the water more slowly, and this slow absorption prevents runoff — so less water is wasted. Another advantage of these systems is that the sprinkling patterns provide much better watering coverage. Daley also recommends drip irrigation systems for water conservation.

“An irrigation system needs to be set up to water the most efficient area,” Daley said. “Often, if your system is applying water to an area that needs it most, you are probably overwatering an area that needs less. So you are wasting that water.”

Daley agrees with Rapp that lawns can be the biggest challenge when it comes to water conservation.

“Lawns on average can consume an inch and a half of water per week in the summer,” Daley said. “Turf is best for high traffic areas because sod holds up better than any other ground cover, but if it’s just for show, it’s best to have a small lawn as part of a landscaping design.”

If you are thinking of replacing your lawn with a swimming pool, Daley says it’s a wash when it comes to water usage.

“A sod grower recently told me that a lawn in summer will consume the same amount of water per square foot as what evaporates in a comparable sized swimming pool,” Daley said.

Casitas Municipal Water District will host a graywater workshop July 27 from 9 a.m. to noon. Attendees will learn how install their own systems according to permit standards for Ventura County. Register by calling 649-2251, Ext. 118.

May 9, 2013
Misty Volaski, editor@ojaivalleynews.com

Valley Oak Charter School is working on a proposal to offer 11th and 12th grade curriculum, which would expand its current offering of kindergarten through 10th grade. Established in 2002, the home-based independent study program is part of Ojai’s public school system, described as a “parent cooperative learning center.”

Tuesday night, Valley Oak director Laura Fulmer made a presentation to the Ojai Unified School District board of education which included, in part, a request to revise its OUSD charter so that it can offer a full K-12 program.

Boardmembers had several questions for Fulmer, but it was emphasized that Valley Oak will be further discussed at the June 4 meeting, and that no decision was being made that night.

Fulmer said Thursday she is eager to work with OUSD staff to develop an 11^th- and 12th-grade program that will provide students a viable track to earning a diploma. Right now, once they reach 10th grade, Valley Oak students can either transfer to another school or take the California High School Proficiency Exam (CHPSE), which is similar to a GED (General Educational Development) test. A change in the charter — and proper accreditation — would allow Valley Oak students to stay at the school and still get an actual high school diploma.

“We want to ensure that children in that program (11th- and 12th-grade) would have an equivalent education to what they would get at Nordhoff (High School). But we know the program will look different,” Fulmer said. “We are a home school charter, and we’re not looking to provide the rigid structure kids would get in a traditional classroom. That’s why they’re here in the first place, because (that structure) didn’t work for that child.”

But if it is to offer its high school students a path to a diploma, Valley Oak will have to do more than just create an 11th- and 12-grade program on paper and get it approved by the OUSD board. It will also need to get that curriculum accredited through the Western Association of Schools and Colleges (WASC).

“WASC comes into a school and reviews the program … in order to certify that its programs are consistent with the expectation of the state,” explained OUSD superintendent Hank Bangser. The difficulty is that, in order for WASC to determine whether Valley Oak offers a viable 11th- and 12-grade program, that program must already be in place — and that program cannot exist without the go-ahead from the OUSD board.

“It’s a little bit like the cart before the horse,” admitted Bangser. But both Bangser and Fulmer underlined their commitment to work together to develop the program. OUSD staff and its board, Bangser said, “will not be looking for a replica of all the courses at Nordhoff High School. But we need to be shown that there’s a program, that parents who want to work with their children in a homeschool environment — if they follow this program, that it will provide a viable educational experience for juniors and seniors.”

Also discussed at this week’s board meeting was the state of the OUSD budget, which elicited cautious optimism from those present. The budget gap from 2012-13 to 2013-14 has been narrowed from a high of $1.4 million earlier this year to just under $400,000 as of press time. And, based on information coming out of Sacramento, said Dannielle Pusatere, the OUSD’s assistant superintendent of business and administration services, that gap should narrow even further once Governor Jerry Brown’s May budget revision comes next week.

“I would say we are moderately optimistic that the $400,000 gap remaining will be eliminated through better funding,” Bangser said.

Visit www.ojai.k12.ca.us for more information.

The next OUSD board meeting will be June 4 at 5:30 p.m., in the board room at 414 E. Ojai Ave.

May 9, 2013

Recorders, library books, a kiln and a new computer for student-produced videos are among the 21 annual education grants, totaling $16,000, awarded by the Ojai Education Foundation to local public school teachers.

Ojai Community Bank hosted teachers and community members last week at a reception, where the education grants (formerly called minigrants) were announced. The bank also donated $1,000 to OEF, which matched the donation to purchase a computer for Nordhoff High School’s Leadership class.

“Literally, I was jumping up and down,” said teacher Cull-Michels. “I was so excited.”

Currently, Cull-Michels’ students work closely with the video production class to produce videos. Now, with their own computer, “the possibilities are endless,” Cull-Michels wrote in her grant application. “I envision creating such projects as student campaign commercials for our student body elections; a student newscast…; Ranger of the Month recognition videos, highlighting students who embody our monthly character traits; and much more,” she wrote.

An aspiring filmmaker, senior Adam Dunn Sr., wants the computer in the classroom as soon as possible so he can train his fellow students how to use it, before he graduates, she added.

“The bank is very proud to be a part of this grant,” said David Brubaker, president and chief executive officer of Ojai Community Bank, which donated $1,000 to OEF last year and has pledged $1,000 a year to OEF for the next three years. “We want to see the continued growth of our young people who are going to be our next leaders.”

Pam Dzukola, Mira Monte Elementary School fourth- and fifth-grade teacher, can’t wait for her students to have “clickers,” which allow the entire class to answer questions at once, so a teacher can see that the students have mastered a lesson, before moving on. The so-called “Learner Response Systems” are used with the interactive whiteboards that are in nearly every elementary-school classroom as a result of previous OEF donations. The clickers are so popular, Dzukola anticipates sharing the new tool with other classrooms, she said.

Wendy Varian, who teaches second grade at Mira Monte, said she is excited to have the clickers, which are an excellent tool for “kids to stay engaged.”

Kim Hoj, dance teacher at Nordhoff, received a grant to purchase a video series of ballet guru Finis. Hoj has been experimenting with “flipping” her classroom, which is a term for using technology, such as video instruction, to leverage classroom instruction. For example, with video instruction, her students can learn dance moves at home and then perfect the dance in the dance studio.

Chris Hess and Sharon Michels, Mira Monte School teachers, wrote in their grant application for recorders: “This will put an instrument in the hands of each third-grade student at Mira Monte. Many of these students will not have an opportunity to play or learn music until grade six.”

Esther Gullatt, a kindergarten teacher at Meiners Oaks Elementary School, explained in her application for a document camera that it is “like an overhead projector that doesn’t use transparencies. You can place a piece of paper, any student work, or a three-dimensional object under the camera and it will be displayed on the screen for all to see. It is a dynamic tool for shared reading.”

Tracy Oakland, a first-grade teacher at Topa Topa Elementary School, said she is excited about using Kindle Fire tablets in her class. “Research has shown that the Kindle Fire increases motivation and keeps students engaged longer on any given task,” she wrote in her application. “Handwriting apps will give students immediate positive reinforcement for correct letter formation. Apps in phonemic awareness will also give the immediate reinforcement needed. This frees the teacher to be working with another small group.”

OEF was able to fund 21 of 35 grant applications this year. Even though the amount of the OEF Education Grants has steadily increased over the past 15 years they have been given, the OEF would like to provide even more, said Carol Holly, OEF board member and retired principal, who oversees the OEF grant program. One grant that did not get funded was for a laptop computer for San Antonio School. The teacher wrote in her application: “The current start-up time on my classroom computer is 20 minutes.” Among the other unfunded projects was a Nordhoff High School Arboretum of native California tree species and Google Chromebooks for Matilija Junior High School.

“I want to thank all of you teachers,” said OEF President Deborah Johnson, a retired school principal, at the start of the reception.

Hank Bangser, Ojai Unified School District superintendent and OEF board member, said donations from the community through OEF have a “remarkable impact” on the schools. OEF’s nearly $100,000 donation for educational technology at Nordhoff High School in 2012-13 “has changed the face of the classroom throughout Nordhoff,” he said. Before that, OEF funded technology in the district’s five elementary schools to complement the new math curriculum. Now, he said, OEF is now working on providing more learning tools for Matilija Junior High School.

Ojai Education Foundation is a nonprofit, community-based organization that supports, enriches and supplements the instructional program in the OUSD.

Its next big fund-raising event, with the Ojai Valley Youth Foundation, is the annual Ojai Golf Classic June 3 at the Ojai Valley Inn & Spa.

For more information about the golf classic, visit www.ojaigolfclassic.com or call 640-9555.

Log on to www.ojaief.org for more information about OEF.

May 7, 2013
Kimberly Rivers, OVN correspondent

Local residents are forming a nonprofit organization aimed at working with stakeholders to ensure oil and gas operations in Ventura County have “effective oversight.”

Citizens For Responsible Oil and Gas (CFROG) was formed by a group of 20 west county residents, in response to what they deem has been a lack of environmental review by Ventura County, which recently approved nine new oil wells and two wells to be reopened in the area above Thomas Aquinas College in Upper Ojai.

The area is part of the Ojai Oil Fields that include oil plays on Sulphur Mountain Road, along Sisar Creek and in the hills lining Highway 150 from Upper Ojai to Santa Paula.

According to the Division of Oil, Gas and Geothermal Resources (DOGGR) online database, there are 609 wells in the Ojai Oil fields. That number includes active and abandoned wells.

Monday, two of CFROG’s founding members, Marianne Ratcliff, of Upper Ojai, and John Brooks, of Oak View, presented appeal papers to the County of Ventura Planning Department. In addition to CFROG, a second private party also filed an appeal with the county regarding this project.

In the 1970s, John Whitman, a resident of Upper Ojai now in his 80s, successfully sued the Ventura County over its failure to consider cumulative effects when it approved one new well in the Ojai Oil fields. That case still stands as precedent.

“On April 24 the County Planning Department approved (these wells), discounting all the issues raised by several nearby residents related to air, water and traffic,” said Ratcliff. “CFROG has filed an appeal to ensure adequate environmental review.”

“At this point there is no way to know the impact of these wells,” Brooks added. “So until there is an Environmental Impact Report (EIR) that looks at both the individual and cumulative effect, the drilling should not go forward.”

He said that things have changed since 1985, when the county last reviewed the impact of new wells on this conditional use permit (C.U.P.). “My own view is that a new EIR and a county policy on hydraulic fracturing would be the best result of our appeal.”

The project in question is considered by the county to be a minor modification to an existing C.U.P. held by Mirada Petroleum of Santa Paula. At a public hearing in March, Mirada owner Scott Price indicated that he had no plans to hydraulically fracture these wells, but CFROG members point out that since the controversial practice, also called fracking, is not currently regulated or tracked in any way, nothing would prevent him from changing his mind.

“There is no environmental review for fracking,” said Ratcliff. “Oil and gas companies do not have to report what chemicals they use, how much they use or when or where they use them. Several bills to regulate fracking are being debated in the state legislature, but none is yet law. In the meantime, the chemicals injected into the earth — many of which are toxic and known carcinogens — are exempted from the federal Safe Drinking Water Act as a result of the 2005 energy bill.”

The appeal will now put the project before the County Planning Commission for a vote, and if that decision is appealed, it will then go to the County Board of Supervisors. The Planning Commission is comprised of five members, each representing a district in the county. Paul Magie represents District One, which includes the Ojai Valley.

“A Planning Commission hearing will likely be scheduled in approximately two months,” said Brian Baca, head of the Commercial and Industrial permitting wing of the Planning Department. “The Planning Commission will hear testimony from the appellants, the public and county staff and determine by vote whether to grant or deny the requested modified C.U.P., and concurrently, whether or not to grant or deny the appeal.”

For this appeal, CFROG paid a filing fee of $2,000, which was raised from donations made by its founding members and supporters.

According to a press release, CFROG supports a moratorium on fracking in the county and the state “Until disclosure, ground water monitoring, waste water disposal and other critical issues are addressed.”

Fracking is a decades-old practice, that — with new technology — now allows operators to tap into deep rock formations and extract oil and gas trapped underground for thousands of years. The process fractures the rock using a mixture of water, sand and chemicals injected at high-pressure deep underground.

“CFROG is not opposed to the drilling of oil and gas,” said Ratcliff. “Its aim is to ensure that oil and gas drilling is done safely and responsibly with adequate oversight. The current system that has no fracking regulations and relies on self-monitoring, self-testing and self-reporting by the oil and gas industry is insufficient.”

Scott Price of Mirada Petroleum did not respond by press deadline to requests for comment on the appeal.

Visit www.CFROG.org for more information or to join CFROG; visit www.conservation.ca.gov/dog to view wells, well records and the fracking discussion draft regulations.

May 7, 2013
Misty Volaski, editor@ojaivalleynews.com

Clean lines, lots of light and transformational indoor/outdoor living spaces: Those are the hallmarks of renowned architect Kazumi Adachi’s homes. The only one in the Ojai area sits in the East End, and is so remarkable in its style — referred to as mid-century modern — that HGTV’s FrontDoor television show has chosen it as a finalist in the annual Doory Awards.

HGTV editors combed through countless homes currently on the market, eventually settling on six that represent the best mid-century modern style homes that America has to offer. The contest’s winners will be chosen through an online voting process — open to the public — that will be announced in June.

The Ojai home’s listing agent, Tonya Peralta of Keller Williams Realty, thinks her listing is tops. “This nomination is a testament to how spectacular this home is,” Peralta said.

The McNell Road property is just under an acre and features a salt-water pool, mountain views, floor-to-ceiling windows, terrazzo floors, an outdoor fireplace and kitchen (yes, there’s one inside, too), and a pool room — which contains a walnut murphy bed and full bath, effectively making it a small guest house.

“The entertaining areas are really pretty neat,” enthused Peralta.

The gardens are full of drought-tolerant native Australian plants, but there’s also a Zen garden and small orchard with avocados and oranges. One of Peralta’s favorite things about the house: Each of the three bedrooms opens to its own patio, along with garden spaces that connect to the others

The home was originally owned by a Japanese-American artist and landscape architect, who passed it on to a Canadian film and television producer before finally falling into the hands of the current owners, one of whom is an art dealer. “It’s always attracted a creative type of person,” pointed out Peralta.

The current owners “Remodeled the property when they moved into it,” Peralta said. “They have a really keen eye for details and quality, and keeping it authentic. It’s very authentic to the style. It has all the modern conveniences but is still very simple and sleek, just like it was originally.”

Homes were also selected for 19 other categories, such as Waterfront Escapes, Tiny Homes, DIY Dream Homes, even Homes for The 1 Percent.

Another Ojai home, the Wallace Neff-designed Libbey Estate — currently owned by actress Reese Witherspoon — has also been nominated in the Celebrity Homes category. The historic 7-acre ranch, on Del Norte Road, is pitted against homes owned by Jon Bon Jovi (in New York), Kelsey Grammer (Malibu), Pamela Anderson (Malibu), Cheryl Tieg (Los Angeles) and Wayne Gretzky (Thousand Oaks).

The competition runs through June 5, and voters can vote for one home in each category once a day. Log on to www.frontdoor.com/doory/midcentury-modern to vote for the East End home; select “Celebrity Homes” under the “Luxury Homes & Places” tab to vote for the Libbey Estate.

The U.S. Geological Survey (USGS) reported two earthquakes near Meiners Oaks early Tuesday morning. A magnitude 1.9 occurred at 2:05 a.m., with a 3.6 following just seconds later. The smaller quake was centered about 2 miles northwest of Meiners Oaks, at a depth of 7.1 miles; the second was also centered about 2 miles northwest of Meiners Oaks, at a depth of 8.3 miles.

The epicenter of the second quake was, according to the USGS, was less than 800 yards from Matilija Dam.

Other recent quakes in the Ojai Valley areas include a magnitude 1.8 in Oak View last Wednesday at 3:22 p.m., and a 2.0 in Upper Ojai last Saturday at 12:40 p.m.

Visit www.earthquake.usgs.gov for more information and to sign up for customizable email alerts.

Cars parked in Matilija Canyon will be a sign to law enforcement that someone is trespassing on the property. (photo by Lila Barnabas)

May 2, 2013
Misty Volaski, editor@ojaivalleynews.com

Matilija Canyon’s Hot Springs, revered for thousands of years by local Native American tribes as a sacred healing place, has been closed down by the property’s owners to allow for an extensive cleanup and a “resting” period for the land.

In four to six months, the hot springs are expected to reopen under the management of Ecotopia, a nonprofit organization dedicated to responsible, sustainable stewardship of the property.

“We knew how upset some people were going to be that they wouldn’t have access (to the hot springs) for a period of time,” said Gunnar Lovelace, who owns the land along with his family and is a co-founder of Ecotopia. “We know there’s a lot of people that go (to the hot springs) who love and respect the land, but there’s a distinct and growing segment who go to party and they trash the land.”

Ojai Police said there has also been criminal activity in the area, primarily vehicle break-ins. “On average, we see about two to three vehicle break-ins per month up in Matilija Canyon,” said Ojai detective Mike Harris. “It’s the same issues we’ve had at other trailheads throughout the county.”

Lovelace said residents in the canyon are on the lookout for cars parked on the side of the road, and that they plan to alert police if anyone is seen trespassing on the property. Ojai police are supporting the efforts by responding to calls for service, and will also conduct periodic patrols. “We need to allow the land time to rest and reset the energy,” Lovelace said. “We need to slow the whole thing down, really make sure that it is reasonably safe for our staff and volunteers to come in and manage the land.”

Lovelace said surrounding neighbors and the U.S. Forest Service all agreed with a property assessment that proved the hot springs were on his family’s property. That cleared the way for them to move forward with their plans for the land.

Those plans include public access, but, Lovelace emphasized, “The era of using the land without giving something back is coming to an end. One of the concerns that’s arisen is whether or not we’re going to be charging money and try to commercialize it. That’s never been our aim with this property. What we’re interested in doing is creating an exchange network … if you want to come use the land, you’ve got to give something to the land, be it your time, a service, an in-kind gift, help pick up trash or it can be a financial contribution.”

Local Chumash elder Julie Tumamait-Stenslie supports the spirit and efforts of the Ecotopia group, and recently held a ceremony on the ancient site to help initiate healing the land. “We prayed, asked for guidance for what needs to happen there, how it can guide us and direct its use for the future,” she said.

Regarding the resting period, she said, “I think it’s really necessary. The litter, health issues, no restrooms, that kind of stuff. It’s just practical stuff right now, and then we’ll go from there. It’s going to be a change, but a change for the better.”

Tumamait-Stenslie also addressed the issue of giving back to the land in exchange for use of the hot springs. “Some people argue with this purchase — ‘Oh, they’re going to be charging money to go there now?’ And I’ve said to a couple of people, ‘Well, what if I bought it, what if my tribal group bought it? We would need money to do the things we’d need to do for the land.’ We’re not a federally-recognized tribe, we don’t have federal aid or grants … so we would need to ask for everybody’s donations to help support us. And I think that’s what Gunnar is looking to do — be stewards of the land.”

Lovelace said his family has studied the site for about two years now and has met extensively with neighbors, the U.S. Forest Service and other community representatives to determine the current state of the land and receive input on what to do once the resting period ends. As Tumamait-Stenslie pointed out, “There are lots of questions that are unanswered — and we have to ask them.”

To that end, Lovelace and the Ecotopia group will host a community meeting Wednesday from 7 to 9 p.m. at Yoga Nest, 2240 Maricopa Highway (parking is available on the highway). Ecotopia representatives will give an overview of their vision for the land, then will host a question-and-answer session and receive feedback from attendees.

“We need input from the community,” Lovelace said. “This is basically an opportunity for the community to meet the parties who are interested (in helping restore the land). This is about the community seeing itself and becoming involved in a real way.”

Visit www.ojaihotsprings.com for more information and to sign up to email updates on the project.

The Dry Lakes area in the Los Padres National Forest. (photo by Craig R. Carey)

May 2, 2013
Kit Stolz, OVN correspondent

Ojai cares more about its national forest than many other communities in Southern California, according to Jeff Kuyper, who directs the environmental watchdog group Los Padres ForestWatch. He thinks Ojai’s relationship with the backcountry is special.

Although his organization is headquartered in Santa Barbara, and oversees the entire Los Padres forest — which extends across hundreds of thousands of acres in the state — Kuyper relies heavily on the little town of Ojai for volunteers and fundraising.

“The national forest is the Ojai Valley’s backyard,” he said. “I think that’s why the community is so concerned about these public lands and the fate of the national forest. From anywhere in Ojai you can look out at the mountains and the national forest, and that’s a relationship that not a lot of other communities have. This is a place where people go hiking and camping and fishing and bike riding in the national forest, or even joy-riding up Highway 33. It’s pretty unique.”

ForestWatch is pressing the U.S. Forest Service (USFS) to designate As wilderness two areas on the edges of the existing Matilija Wilderness for protection from development. One is the Dry Lakes Ridge area, which can be reached by an old trail from Highway 33 north of Wheeler Hot Springs, to the east of the existing Matilija wilderness; the other is a smaller chunk of ridge land, called White Ledge, which is further to the south.

“The Forest Service overall did a good job of adding additional protections, under the category of backcountry non-motorized use,” he said. “It’s a step in the right direction, but it still leaves the forest vulnerable to certain kinds of development. For example it still allows for oil drilling, for mining, for logging and for the construction of communications facilities like radio towers.”

Kuyper and his allies would like to see about 4,000 of the 17,000 acres in the Dry Lakes region designated as wilderness, for their extraordinary natural features and unusual plant communities, as well as for their beauty.

“What is unique about the Dry Lakes area and how it got its name is a series of shallow depressions along one of the ridgelines, which collect water during the winter and is dry in the summer,” he said. “This area also includes some of the southernmost stands of ponderosa pines in California, at an altitude of about 4,700 feet.”

Ojai’s David Magney, an environmental consultant who literally wrote a book about this area’s plants in the 1980s as part of his doctoral thesis, supports the idea of expanding the wilderness in the Dry Lakes region.

“I am sympathetic to the idea of a wilderness designation for the Dry Lakes region,” he said. “There’s a stand of Ponderosa pines there that dates back to the Pleistocene era, as well as some other unique plants. These are really big pines. There used to be a campground there, but it was abandoned due to budget cutbacks I think in the Reagan era.”

Also visible from Highway 33 is the area known as White Ledge, whose rocky outcrops can be seen on a tall peak to the west, near Rancho Matilija. Kuyper and his allies would like to see this smaller area recommended for a wilderness designation as well.

Only Congress can make such a designation final, but if the Forest Service recommends a land for wilderness, it is protected until Congress acts on the application.

In the draft of a new land management plan for the four Southern California National Forests, which is open for public comment until May 16, the Forest Service designated one percent of existing lands in the Los Padres National Forest for wilderness in their preferred plan. Much more land was recommended for wilderness from the other forests — from a low of 37 percent in the San Bernardino Forest to a high of 59 percent in the Angeles National Forest. But, this reflects the fact that much lower percentages of land in the more urbanized forests are designated as wilderness at present — 48 percent of Los Padres is designated as wilderness under existing land use management, where only 12 percent of the Angeles National Forest is designated.

In its discussion of the Dry Lakes area, in an appendix to the draft plan, the Forest Service stated that one-third of the area was of the highest scenic value, with “landscapes (that) have strong positive attributes of variety, unity, vividness, mystery, intactness, order, harmony, uniqueness, pattern and balance.” The report noted the Ortega Off-Highway Vehicle (OHV) trail at a lower elevation, but added that a smaller portion of the Dry Lakes area could be set aside as wilderness without interfering with the existing OHV trail.

“The trail would need to be closed or the wilderness boundary drawn to exclude the trail leaving a remainder that is reduced in sized and suitability for wilderness,” the report notes.

Bob Hawkins, the project manager for the report on the four forests, said that the final report will be written over the summer and will reflect public opinion. Sue Exline, Ojai’s USFS district ranger, pointed out that the Forest Service is pressured both by conservation groups and off-road use groups.

“Certainly this is what the whole process is about,” Hawkins said. “When we get all the comments in, we will weigh them in the production of the final draft decision, but we will have one last pre-decisional process this year, with 60 days to receive comments.”

Hawkins expects a final report next spring. In the meantime, Kuyper, Magney and Exline all would like to see more visitation to the potential wilderness areas in question. According to the draft report, visitation in the Los Padres National Forest has declined slightly from the year 2000, although Kuyper said that his group hears many less formal recent reports of renewed interest in the backcountry.

“We’re thrilled when people go out and enjoy and visit and explore the Los Padres National Forest,” Kuyper said. “That’s how people develop an appreciation for these lands, and want to protect them.”

For Magney, it’s simpler. He recommends people “Check it out,” speaking of the Dry Lakes region. “The trail is being restored by volunteers. It’s steep, but you’ll go through several different plant communities to get there. It’s definitely walkable. I’ve been there over a hundred times, even though I still haven’t camped there.”

May 2, 2013
Kimberly Rivers and John Brooks, OVN correspondents

Officials who manage the water supply in the Ventura River Watershed (VRWC) say residents of Ventura and the Ojai Valley have been on a water supply roller coaster many times, and once again the reservoir and ground water levels are dropping because of inadequate rainfall.

During an April 25 VRWC meeting at the Oak View Community Center, Lorraine Walter, coordinator at VRWC, told approximately 75 attendees that since 1903 the average yearly rainfall in Ojai has been approximately 21 inches. This year only 10 inches have fallen.

At the meeting, Dr. Toby Moore, hydro-geologist and water resource manager at Golden State Water Company, detailed a rationing project that occurred in Simi Valley in 2009 to illustrate what might occur should rationing in Ojai be required in the future.

Following the meeting, Moore said, “Voluntary conservation has been in place for many years in Ojai. In 2008, we asked all customers to voluntarily reduce water use by 20 percent. This is aligned with the state mandate to reduce per capita water consumption statewide 20 percent by the year 2020.”

Moore added that voluntary conservation is “complemented by implementation of tiered rates” and encouraged customers to visit their website (www.gswater.com) for details.

Steve Wickstrum, general manager of Casitas Municipal Water District, said the water level at Lake Casitas has fallen 31 feet since it reached capacity in 2005. He says the lake is 70 percent full and rationing for their customers is not likely until next year, assuming the next rainy season is also below average. He suggests that all customers — both residential and commercial — conserve now so that shortages can be averted.

Shana Epstein, general manager of the Ventura Water District, said the long-term solution for the city of Ventura is a reverse osmosis plant that would turn sewer water back into drinking water. She says Ventura gets half its water from Casitas and the rest from wells along the river. Without direct potable reuse, she said, there is no other source to increase supply to Ventura’s 113,000 water customers.

“The Ojai Basin has a limited yield. Additional demand utilizing groundwater, above current demands, puts additional stress on the basin,” said Moore in responding to a question about how more straws in the pond, or more wells tapping into the groundwater basins, would effect water supply.

There has been recent concern in Ojai over water use by large industrial users, such as oil companies. Aera Energy operates in the Ventura Oil Fields along the Ventura River.

“Aera does not operate any fresh water wells in its Ventura oilfield,” said Susuan Hersberger, an Aera spokesperson. “While our overall activity in the (Ventura) field has increased over the last five years, we have decreased fresh water usage by almost 40 percent.” She explained that Aera is “self-sufficient” in the water used for most of their oil recovery operations because they primarily use produced water — brackish water that comes up with the oil — that has been filtered. “Aera uses water from the Casitas (Municipal) Water District for domestic (office) use, dust suppression, stored fire suppression, equipment and engine cooling and drilling. The amount of water used in drilling activities is approximately three acre feet per year.”

“Water management depends on consumption and the weather,” said Moore. “In California, we live in a natural state of varied precipitation from year to year, so we proactively plan and manage water supplies — whether it’s a wet or dry year. And, we always encourage our customers to take voluntary measures to reduce water use.”

Visit http://venturawatershed.org/blog/1942 to view “Sustainable Water Use in the Ventura River Watershed,” by the Bren School of Environmental Science and Management at UCSB.

May 2, 2013
Tiobe Barron, OVN correspondent

The Ventura County Planning Division will host a public outreach meeting Tuesday from 6:30 to 8:30 p.m. at the Oak View Community Center to discuss standards for wireless communication facilities in Ventura County. The meeting is the second of three being held to collect public input before the county drafts an ordinance delineating criteria for cell towers, antennae and other structures used in wireless communication. The Tuesday night meeting will focus primarily on the unincorporated areas of the Ojai Valley.

“The Ventura County Planning Division receives numerous applications for wireless facilities each year,” according to a statement from the Planning Division website. “As the wireless communications industry continues to implement a wireless network to provide the next generation of service (fourth generation service, or 4G), the number of applications for new wireless communication facilities is expected to increase. Because Ventura County does not currently have a comprehensive set of regulations for wireless communications facilities, processing these applications can be challenging and time-consuming.”

The Ventura County Planning Division’s long-range planning manager, Rosemary Rowan, said requests for wireless communication permits are increasing. “The current system for processing wireless communication facility (WCF) permits works reasonably well when the number of permits processed each year is not large. For example, between 2006 and 2009, the Planning Division, on average, processed about 13 permits per year (that includes new facilities and modifications to previously approved permits),” explained Rowan. “However, the number of permits processed by the Planning Division increased recently. In 2011, for example, we issued 33 permits. We expect that trend to continue as providers expand network coverage and upgrade networks for the fourth generation, or 4G, service. As a result, we believe this is a good time for Ventura County to develop an ordinance that provides a consistent set of siting and design standards.”

Currently, an applicant for a WCF permit in Ventura County must obtain a Conditional Use Permit (C.U.P.) through the Planning Division. Because a C.U.P. is discretionary, these projects are subject to the California Environmental Quality Act (CEQA) standards. Additionally, WCF project applications are subject to the county’s Non-coastal Zoning Ordinance, Federal Communications Commission limits on Radio Frequency emissions, specific area plan policies and a set of guidelines adopted in 1999 by the Ventura County Board of Supervisors.

As part of the Ventura County General Plan, the Board of Supervisors did adopt an area plan for the Ojai Valley. The policies pertaining to WCF projects prohibit “grading which will significantly degrade or destroy a scenic view or vista,” restrict structures that are on or near ridgelines to single-story construction, use setbacks of 50 feet or more from the edge of a ridgeline and use landscaping “to soften the visual impact of homes and graded areas.” In addition, antennae facilities are to be colored to “blend in with the background view,” and, except for monopoles, are limited to a 40-foot height limit, among other design criteria.

In order to craft a new ordinance for WCF projects, the Board of Supervisors voted Nov. 13, 2012 to allot $48,000 for the fiscal year — $15,000 for consultant services and $33,000 for about 660 hours of staff time. Nearly the same was proposed for the fiscal year 2013 to 2014, for a total of $97,000 to craft the ordinance.

Current pending county WCF permit applications include: a renewal of a C.U.P. for a 350-foot television communication facility on South Mountain Road in Santa Paula; a 10-year extension of a C.U.P. for a 120-foot AT&T monopole and four panel antennae on Crooked Palm Road near Highway 33; a continued C.U.P. for “an unlimited term” for an existing 80-foot WCF atop Hall Mountain above Ventura Avenue; a C.U.P. to replace an existing 50-foot monopole with two 15-foot frames with four panel antennae each on Creek Road; and a C.U.P. for the construction of a new monopole disguised as a 55-foot pine tree in Mira Monte by New Cingular Wireless, among others.

To contribute you input to these discussions, attend the meeting May 7 at the Oak View Community Center, 18 Valley Road, Oak View. Visit www.ventura.org/rma/planning for more information.

May 2, 2013
Tim Dewar, publisher@ojaivalleynews.com

Ojai city officials are confident that a road construction project that has been “cursed” for 25 years will be completed within the next few weeks and within budget.

The extension of Fulton Street, between Pearl Street and Bryant Circle, hit its first snag almost 20 years ago when the city began planning for the project.

“On one hand this project has been cursed for 25 years,” noted Ojai Public Works Director Greg Grant. “There have been obstacles every step through the history of the project, from obtaining right of way, grants, environmental clearances, etc.  Taking 20 years to get a project built is extraordinary.  And now what should have been a three-month construction project is approaching 10 months.”

For many years, the project was backshelved as funds for road construction projects took a back seat to more pressing needs as the city budget shrunk.

Fast forward to 2011hwen the project gets new life after the city was able to snag a $412,000 transportation grant. Unfortunately for the city the curse didn’t stop there.

The project hit another roadblock when Southern California Edison (SCE) threw an 11th hour curveball calling for changes in the plans to place utility lines underground in the project area. Grant explained Hurricane Sandy even had a hand in delaying the project when SCE crews were pulled from this area to help with the disaster cleanup, delaying the underground work.

The remnants of a railroad depot, last used in 1969, were the next part of the curse to slow construction as crews were forced to remove and dispose of the debris left behind.

Grant said the next obstacle crews had to overcome occurred when early winter rains saturated a portion of the as-yet-unpaved portion, creating a water-soak road base under a portion of the project.

“The project design was reviewed and approved by Caltrans, what appeared to be a straightforward road design,” Grant noted. “ The same design worked well on adjacent Bryant Circle.  The concentrated clayey subgrade at the failed pavement area was unfortunate, but they happen occasionally.”

Change orders were approved to dry, replace and recompact the base material around the clay pocket, and to provide additional drainage in the impacted area and the paving work was scheduled.

Jump ahead a few more months, to the asphalt concrete (AC) stage and the curse reappeared.

“The area was proof rolled and accepted by the Geotech consultant after subgrade placement, after base placement, but moved slightly during the heavy construction loads of AC placement which resulted in the thicker AC section,” Grant explained. After consulting with several experts, he added, the city determined that the damaged area was not the contractor’s fault. He said the city will likely approve an additional $10,000 to $20,000 to repair it.

Several other problems will also need to be repaired and Grant said the contractor, J&H Engineering — which has a reputation for quality work — has agreed to do so. These include replacing sections of curb and gutter and concrete planter areas that were not built to design standards, adding additional fill material around some of the sidewalk areas, straightening portions of a chain link fence near the project, replacing portions of a wooden fence damaged during the construction and grinding portions of the AC around handicapped access sidewalk ramps to meet design standards.

A retaining wall that was built off plumb will be accepted by the city because it is structurally sound and the adjacent property owner is opposed to having more work done on that portion.

“So far,” Grant explained, “I believe we have negotiated a fair resolution with the contractor, all problems will be corrected, and the project will be completed well within budget, using no City general funds.”

The total cost of the project so far, according to Grant is expected to be in the area of $358,000.

“It’s important to note that J&H Engineering, was over $50,000 below the second bidder,” Grant stated. “If they hadn’t shown up, we would have started with a base bid of $232,632 and change orders would have accumulated from there, likely cutting our remaining $100,000 contingency in half. Projects always have challenges.  Usually there’s minimal interest in the challenges, people just want the project done.  This will be done soon!  And within the original budget/grant, at no cost to the City.”

City crews worked Monday to install several trees, additional drains and a post and rail fence. Grant expects the rest of the fix to be complete and the road opened sometime within the next two weeks, unless, of course, the curse returns.

April 30, 2013
Monica Lara, OVN correspondent

During her hearing at the Ventura County Superior Court Tuesday — the day before her birthday — Ojai’s Amber Workman changed her not guilty plea to no contest in her grand theft felony case.

Equivalent to guilty, the no contest plea puts the responsibility on the court to determine conditions of the conviction. The case will not be taken to a jury trail, but will be reviewed by the probation department and James Cloninger, the superior court judge overseeing the case.

“I’m satisfied,” said Richard Hanawalt, defense attorney. “I believe we have the right judge looking at the material, and it will prove favorably.”

Deputy District Attorney Julia Snyder, who is prosecuting the case, could not be reached for comment.

Workman was charged with embezzling as much as $49,000 from the Ojai Eagles Youth Football League, a nonprofit organization supported by membership dues, donations and fundraising monies. Workman was the organization’s treasurer from January 2007 to December 2009. She was arrested in June 2012.

Hanawalt said the upcoming review will focus on identifying what funds may have been improperly used.

“There will be substantial discussion required to determine what was appropriately spent and what might be in question,” Hanawalt said.

During the review process, Workman and other witnesses are expected to be called for questioning.

Workman is expected to receive the terms of her sentencing June 28, which could include jail time, community service and restitution.

In court Tuesday, Workman’s preliminary hearing was waived after her change in plea. “The prelim added nothing to the operation,” Hanawalt said.

Workman remains free on a $30,000 bond. She has no prior convictions.

April 30, 2013
Misty Volaski, editor@ojaivalleynews.com

Longtime Ojai resident, football coach and business owner Scott Titus will face a federal judge July 15 to be sentenced for failing to report to the Internal Revenue Service (IRS) almost $1.6 million he paid to workers in his painting company.

He pleaded guilty Monday to making a false quarterly federal tax return for the second quarter of 2008 for his business, Scott Titus Painting.

According to a plea agreement Titus signed with the United States Attorney’s Office for the Central District of California (USAO) earlier this year, Titus reported that he paid employees $22,195, when he actually paid them $215,774 — for a total of $193,579 in wages he paid employees but did not report. The agreement further states that Titus owes the IRS $666,748.40 for employment taxes he failed to pay between 2008 and 2010. The unreported wages during those years total $1,594,971.

“I paid my guys cash,” Titus said Tuesday. “The $1.5 million was paid out in full to my employees in cash. I did not pocket any of that money. It all went to them. I did not withhold anything from my employees for their taxes … I’ve run my business completely professionally, and with integrity — everything except how I paid my employees.”

Titus faces a maximum sentence of three years in prison, a $250,000 fine, and the repayment of the $666,748 he owes the IRS. However, those are just guidelines for the judge, said Linda Lowery, special agent and public information officer with the IRS criminal investigation office in Los Angeles. “The judge is not bound by those sentencing guidelines … (Titus’ sentence) is at the judge’s discretion.”

Several things are taken into consideration, such as the 35 letters written in Titus’ favor, which were submitted to the courts by Titus’ attorneys. Other considerations could include Titus’ previous criminal record, which he said is clear. “My lawyers feel confident that … I have a good shot, I’ve never had a criminal record, I’ve been forthright with them, haven’t denied or dodged anything,” Titus said. “I’m just at the mercy of the court. If I’m gonna’ go down, then I’m gonna’ go down doing it right. I’m not gonna’ fight. I was wrong.”

Titus said he received audit paperwork from the IRS in 2011. “When I got that letter, I gave them everything, I fully cooperated with them,” he said. “I’ve done everything they asked of me. I want to make it right. Ever since I got that letter, I’m trying to run my business right‚ I hired a bookkeeper, CPA, attorneys. I’ve surrounded myself with people to help me run my business right.”

Because he is now a convicted felon, Titus will lose his contractor’s license. He said he is closing down Scott Titus Painting, and has sold his business assets — “paint brushes, sprayers, all that stuff” — to son Randy and a niece, who will open Ojai Custom Paint, Inc. Scott Titus Painting employees, he said, will apply with Ojai Custom Paint, Inc.

Lowery said it was unknown whether the employees would face any charges. “Public record was silent as to the employees,” she said.

“I started my business right out of high school. I’ve never been an ‘office’ guy, never … I’m not dumb, it was just the paperwork that got me … I was going off coaching, working, doing my thing,” Titus said. “I was like one of many young contractors — never got a business degree. I’m just a working man. I never wronged a client. But I apologize to all my clients for letting them down in any way.”

Until he faces United States District Judge Stephen V. Wilson July 15, Titus said it’s a waiting game. “I am taking full responsibility. I’m not blaming anybody but myself, my lack of business sense,” he said. “My faith — this is a fate thing for me. It’s all for good, it’s all for me to be better.”

April 25, 2013
Misty Volaski, editor@ojaivalleynews.com

Just before closing time Sunday, a man entered Starr Market in downtown Ojai and pointed a handgun at an employee and demanded money, according to Ojai Police department officials.

Police said the employee “led the suspect to the business safe where the suspect took money and fled the area.”

Officers received a call alerting them to the robbery around 9:30 p.m., but by the time they arrived, the suspect had fled. Despite a search of the area — which included a K-9 unit — the suspect was not located.

The employee, who was uninjured, described the suspect as a 6-foot one-inch male weighing between 180 to 200 pounds wearing a black sweatshirt and dark pants. It is unknown how much money was allegedly taken or whether there were other employees in the store at the time of the robbery.

Terry Starr, owner of the grocery store, refused to comment other than to say, “We did get robbed. They took some money and that’s it.”

This was the first Ojai-area armed robbery since November 2012, when a man with a handgun approached a woman at an ATM on Thanksgiving night and demanded she give him the money she had just withdrawn.

That suspect, described as a Hispanic male in his 20s or 30s, between 5 feet 5 inches and 5 feet 9 inches, is also still at-large.

Ojai detectives and the Ventura County Sheriff’s Department Major Crimes Unit are investigating the Starr Market robbery.

Anyone with any information on either incident is urged to call the Ojai Police Department at 646-1414.

April 25, 2013
Tiobbe Barron, OVN correspondent

Meiners Oaks Elementary is trying to win a beehive for its Food for Thought garden.

“Food for Thought has given our students the chance to grow amazing fruits, veggies and flowers,” says Ojai resident Katie Metzger. “We’d love to add a beehive to the mix as they are critical to pollination, and hence the health of our land and community.”

The contest, sponsored by Attune Foods and the Rodale Institute’s Honeybee Conservancy, offers a beehive as the grand prize.

Visit the contest website before April 30 to vote for Meiners Oaks Elementary and improve the school’s odds of winning. As of press time, they were in second place, two votes behind New Hope Christian Academy of Memphis.

“We have a great pool of volunteers that turn out to help in the garden. They regularly come up with great ways to expand and enrich the garden-based learning program,” said Food for Thought board member Kevin White, a teacher at Summit Elementary School. “(A beehive) will be a teaching tool to show the kids the important connection bees make by helping flowers become fruits. It is so important that we have bees to pollinate our fruits.”

Meiners Oaks Elementary has had a garden for more than a decade.

“Meiners Oaks (Elementary School) has the largest garden in the (Ojai Unified School) District,” said Food for Thought Garden Coordinator David White. “It has 12 raised beds and two ‘food forest’ areas with fruit trees inter-planted with strawberries and artichokes, as well as annual vegetables. We have an active composting area, a seating area below a beautiful wisteria arbor. There is also a large worm bin which the sixth-grade leadership students feed with lunchtime leftovers.”

Current crops in the garden include grapes, figs, apples, kale, peas, pears, carrots, beans, celery, beets, strawberries, guava, cilantro, beans and more. In addition to the garden curriculum for kindergarten, first and fifth grades, there is a weekly lunchtime Garden Club that is open to all students attending both Meiners Oaks Elementary and Topa Topa Elementary schools.

“Many students have become regulars at Garden Club,” said White. “They come week after week and help work the compost, pick fruits and veggies, sample the produce, help plant and also just enjoy the beauty of the garden.”

Members of the girls’ Empowerment class prepare for a group exercise Wednesday. (photo by Tim Dewar)

April 25, 2013
Angelique LaCour, OVN correspondent

The Ojai Valley Youth Foundation organized in 1997 to provide kids with experiences that foster their individual growth while integrating them into the fabric of the community.

In true “it takes a village” fashion, the OVYF flourished for many years. “But, like so many organizations, we have suffered through the classic story of the economic downturn that began in 2008,” said executive director, Suzanne Feldman. “One by one, programs and great people were forced to leave, and once that starts it’s a difficult train to turn around.”

Feldman was named executive director last August; also around that time, OVYF was given office space at Nordhoff High School. One of OVYF’s flagship programs, Building Lives, Inc. (BLINC), was floundering and Feldman was looking for a way to re-invigorate it.

She invited poet, teacher and now stay-at-home dad, Aaron Gardner, to speak at the weekly BLINC meeting. Gardner, who grew up in Ojai, moved back last year with his wife, Tegan, and their two children.

“There were four kids there. I read some poems and talked about my life,” Gardner said. “It went over pretty well, and Suzanne asked if I’d like to run the group. It was good timing because I was looking for the right thing to do in addition to taking care of my kids while my wife is at work.”

“Aaron is pretty awesome, and he’s definitely an inspiration to me because he’s proof that even though he had hardships when he was young, you can get through them,” said Serene Fairbanks, 16, whose family moved to Ojai in October. “I love coming to BLINC every Monday — it helps open up the week and get things off your chest. I like that Suzanne has an office on campus because I can drop in an talk if I need to.”

Isaac Arquilevich, 17, has been attending BLINC on and off since eighth grade. “I was a very troubled kid when I started coming, then I stopped going for a few years, but I never miss it now. It’s a safe place to express yourself — and I like the food too.”

“When kids find their voice and are able to use it, their confidence soars,” Gardner said. “Once that happens they feel a lot more connected to society and their community, and are better able to advocate for themselves. Eventually they start believing that they are being heard.”

Holly Wiggins looked online for a non-religious youth group to help her daughter, Paige, 19, who was suffering from depression. She found BLINC, and Paige attended her first meeting in October.

“There’s no judgment here; it’s confidential and writing helps get your thoughts on paper,” Paige said. “I like it much better than posting on Facebook. BLINC is much more personal.” She was so inspired by the benefits of interpersonal communication that she began a love note-writing campaign. She began by designing decorative handwritten note cards, writing encouraging, hopeful messages, and randomly handing them out to strangers at the Arcade. It so boosted her own spirits that she enlisted help from fellow BLINC participants Allie White, Amanda Dickenson, John Rogers, Marc Hoppel and Arquilevich. They have distributed more than 100 so far, and the campaign is growing.

In 2006, Ojai resident Tobi Jo Greene founded The Girls Empowerment Workshop, for which the OVYF has served as the umbrella organization. “Since Suzanne has come on board with OVYF, I feel empowered and supported,” Greene said, who has also helped to add a Young Men’s Integrity Workshop to the OVYF’s offerings. “She and board member Jeanine Murphy attend the workshops and have helped find financial support to expand the programs.”

The 8- to 10-week after-school boys and girls workshop programs are presented at four Ojai schools and at the Oak View Park & Resource Center. At a recent session, Murphy — also a counselor with Ojai’s public schools — gave a presentation on suicide and cutting to about 75 seventh and eighth-grade girls. “I love the workshop because we get to freely talk about things that afflict teens,” said Aliyah Zweig, 14, who is participating for the second year. First-year participant Caitlyn Radica, 13, signed up because she believed she “needed some girl empowerment.” Sara Smith, 14, was surprised to find out how many of her peers have thought about suicide, and Alex Yanez, 13, is interested in learning about “boyfriend-girlfriend stuff.” She admitted she’s not really into that yet herself, but a lot of her friends are. Another first year participant, Jasmine Adams, 13, liked what she heard, “when Tobi came to talk about the workshop, especially about eating disorders because I know somebody who has a problem with that.”

There are 200-plus nonprofit organizations in Ojai that compete for volunteers and financial support from the community. Feldman acknowledges that she has her work cut out for her. “But Ojai is a very giving, supportive community, and I’m encouraged by the response we’ve gotten this year from the Optimist Club of Ojai, the City, Rotary and Rotary West Clubs of Ojai, the Ventura County Sheriff’s Association, Jersey Mike’s, Wells Fargo and Bank of America.”

For more information on OVYF or any of its programs, visit www.ovyf.org or call Feldman at 640-9555.

April 25, 2013
Tiobe Barron, OVN corrrespondent

The city of Ojai will work with the Casitas Municipal Water District to bring Ojai Trolley service to Lake Casitas this summer.

The Ojai City Council, minus absent Mayor Paul Blatz and Councilwoman Betsy Clapp, voted unanimously Tuesday to direct City Manager Rob Clark to collaborate with CMWD Park Services Manager Carol Belser on establishing a Saturday Trolley route to and from Lake Casitas.

The proposed route would run from 10:30 a.m. to 8 p.m. each Saturday between Memorial Day and Labor Day.

“Having the Trolley go to Lake Casitas has been talked about for years,” said Belser at the Council meeting. “Casitas will pay the cost of this pilot program. It is a good time for the city to work with CMWD. This would not be a special or private charter, and it has already been approved by the Ventura County Transportation Commission. It will stop at the (Ojai) Skate Park. Our youth lifeguards can use it as transportation to work. We get five to six thousand visitors each summer, and we want the Ojai Trolley seen throughout the Recreation Area. Trolley riders and city residents can get on the Trolley, pay $1, not have to pay the vehicle entry fee, and spend the day at the lake.”

“I think this is an excellent pilot program,” commented Mayor Pro Tem Carlon Strobel. “Maybe it will increase general use of the Trolley.”

“I am here to support two Chamber members: the Lake and the Trolley,” contributed Ojai Valley Chamber of Commerce CEO Scott Eicher. “Hopefully this will increase the number of locals who visit the water park, because they won’t have to pay the (vehicle) entry fee.”

“I would just like to encourage the schedule to come out sooner,” offered Councilman Severo Lara. “I would like to see the city promote this in any way possible.”

At the same meeting, Council heard two reports on statistics from the area. Ojai Police Capt. Dave Kenney updated the Council on crime statistics from 2012, and Tom Tarantino with the Ventura County Civic Alliance gave the “2013 State of the Region Report.”

Kenney compiled data from the Ventura County Sheriff’s Department’s Ojai Substation records and the Sheriff’s Crime Analysis records. According to this data, crimes against persons — including rape, homicide, robbery and aggravated assault — decreased by 48 percent from 2011 to 2012 in Ojai. While theft in general decreased in 2012, shoplifting and theft from vehicles both increased.

Traffic collisions rose from 92 incidents in 2011, to 96 in 2012. There have been 21 accidents in the first three months of the current year, Kenney noted. While instances of driving under the influence have decreased, vehicle vs. bicycle accidents increased.

“Our Police Department does a fabulous job,” said Councilwoman Carol Smith. “I am glad we have you (Kenney) for another three years.”

Tarantino, with the Civic Alliance, corroborated Kenney’s data, noting that even though Ventura County “has not had an economic recovery since 2008,” overall crime statistically is decreasing, flying in the face of conventional wisdom that links crime and poverty.

“As you can see, there’s been a huge drop in crime since the early 1990s. This is true in Ventura County, it’s true pretty much everywhere in the country. The common thought that the poverty level and the crime level coincide is not necessarily true,” said Tarantino.

Tarantino pointed out that there is still a substantial divide between east and west Ventura County in terms of resources and community, and that transportation continues to be a “quality of life issue” for the majority of residents.

Visit www.civicalliance.org to read the complete report, or www.ci.ojai.ca.us for more on the Ojai City Council.

April 23, 2013
Maria Saint, OVN correspondent

HELP of Ojai’s Transportation Program provides about 700 rides a month for seniors and disabled folks, according to Terri Wolfe, HELP of Ojai’s executive director. The program transports clients to places such as doctor’s appointments and grocery shopping.
“We provide door-to-door service within the Ojai Valley and we drive about 3,000 miles a month,” Wolfe said.
One of the program’s clients, Victor “Vic” Crowder, died in 2012 and did not have any immediate family. Crowder bequested $99,000 to the program.
Wolfe said that it takes about $90,000 annually to run the Transportation Program.
“We’re constantly looking for funding for this program,” Wolfe said, adding that it is expensive to run because of such factors as the price of gas. “We get annual support from the Area Agency on Aging, which is through the county of Ventura. We also receive annual support from the city of Ojai because we are their contracted paratransit providers.”
Wolfe said that the program has a suggested donation based on the client’s ability to pay. The suggested donation is $2.50 a ride.
“We actually average about $1.50 a ride — it actually costs us $9.36 a ride,” she said.
Despite the cost of the program, Wolfe said it is vibrant.
“HELP of Ojai’s general operating funds make up the difference between the cost of the program and any grant support that we have and we’re able to do that on an annual basis with really the community support and the donations that we received from the general community,” she said. “So when Mr. Crowder gave us this wonderful bequest, it was something that now will help us over and above our general operating expenses, which means we can reserve it to actually purchase a new vehicle and to take care of extraordinary and planned expenses to our other vans … We have a healthy, well-run, well-funded program and this is just a way to help it be even better and provide even better services.”
Wolfe said that they were certainly appreciative of the bequest and that Crowder was a regular rider who really supported the program and he loved using it.
There are about 28 volunteer drivers and David Des Laurier is among them. He remembered Crowder as a nice, quiet-spoken man who used the program to go to and from Westridge Market. For Des Laurier, Crowder was unique in that he didn’t ask for help to have his groceries taken into his house.
“When you drive him home, you drove him to his driveway and he had a wheelbarrow there. He’d put the groceries in his wheelbarrow and he’d wheel it out to the house,” he said. “I thought it was really cute.”
Des Laurier, a volunteer driver for almost 16 years, added that he knew Crowder planned to give money to the program.
“He always said he was going to do it,” Des Laurier shared.
Glenda King, program director, said that she would help give rides to clients when they were short-handed on drivers, so she drove Crowder a couple of times.
“My picking him up and taking him home was not too long of a distance, so we didn’t have a lot of time to chat, but I found him to be very appreciative of our service and just a really sweet, gentle man,” she said.
Those interested in the program, can call King at HELP of Ojai.
Once someone becomes a registered rider, they can call and make a ride reservation a day in advance of their need.
“Then I put together a schedule and let them know what time we’ll pick them up. When they complete their shopping or their appointment, they call us back and I dispatch a van as quickly as I can to take them back home,” King said.
For more information about HELP of Ojai’s Transportation Program, call 646-5122.

April 23, 2013
Tiobe Barron, OVN correspondent

A ballot initiative California voters passed in 2008 has placed California and the issue of same-sex marriage in the national limelight as the Supreme Court conducts hearings to determine whether to uphold or overturn Prop. 8, an amendment to the State Constitution which restricts the state definition of marriage to heterosexual couples.
Domestic partnerships, which have been legal for same-sex couples to obtain in California since 1999, afford many of the same tax and insurance benefits as a marriage, but are not recognized out of state. For many, the distinction itself —between domestic partnerships and marriages — inherently creates a “separate but equal” issue similar to those faced during the Civil Rights Movement. For others, the main issue is one of states’ rights, and the idea that a panel of justices could overturn something that voters decided is repugnant.
“I don’t believe the judicial system should be overriding what the state has voted on,” explained Ojai resident Mike Lenehan, a former coach, Recreation Commissioner and veteran of the first Iraq War.
Same-sex marriage was legal in California after the California Supreme Court ruled in an equal protection case June 2008, until the voter initiative Prop. 8 passed in November of the same year. Prop 8 amended the California Constitution to read: “Only marriage between a man and a woman is valid or recognized in California.” Multiple lawsuits were filed with the California Supreme Court almost immediately. In one case, Perry v. Schwarzenegger, United States District Court Judge Vaughn Walker ruled against Prop. 8 in 2010, rendering it unconstitutional. The case was appealed to the Ninth Circuit Court of Appeals, whose panel also ruled the amendment unconstitutional. Proponents then petitioned the case to the United States Supreme Court, which recently agreed to hear the case. The court heard opening arguments March 26 and are expected to announce their decision sometime in June.
“If California votes again, and rescinds Prop. 8, I can respect that,” stated Lenehan. “I think marriage is between a man and a woman, but I have no problem with civil unions. That’s putting my personal views aside. I’m a Roman Catholic. But I’m not going to impose my views on them (same-sex couples). Basically the will of the people should be the law of the land.”
Others would go further still, in regards to both substance and procedure behind this controversial landmark case.
“If this is overturned (by the U.S. Supreme Court), that would be like saying ‘don’t even bother trying to legislate, just let the judges decide everything,’” said Katie Shorts, a resident of Ojai for more than a decade. For Shorts, legalizing same-sex marriage is a slippery slope.
“I think the people made the right decision with Prop. 8,” Shorts maintained. “For those who say, ‘How does gay marriage ruin your marriage?’ well, how does the dissolution of marriage hurt everyone? When it is expanded and changed to fit the mores of the moment, the institution of marriage is finished. If marriage can be redefined to mean simply any loving relationship between two people, then it is not marriage anymore, and there are no bounds to how we will define it … If we accept that, what do we say to people who want to marry two people? Why should gender be any more sacrosanct than the number of people? If you look around, you will see many people already advocating for that. It makes marriage a joke at a certain point. Marriage is between a man and a woman, for procreation; ultimately that is why we have the institution. And there is a much higher percentage of open marriages — what we would call adultery — in the homosexual community. It (marriage) really means something different to them.”

April 23, 2013
Kimberly Rivers, OVN correspondent

After the fracking panel on Monday night, Helen Conly, president of the Ojai Valley Democrats (OVD), said the group will be discussing a plan of action to support the resolution recently approved by county Democrats that calls for a moratorium on fracking. About 45 locals gathered at the Ojai Art Center to hear the discussion on hydraulic fracturing — also known as fracking — hosted by the OVD. One focus of discussion was that fracking has been used in the county — including Upper Ojai, and other Ojai Valley oil fields — since the 1950s. Panelists said new chemicals are used and technology has changed, allowing slant and horizontal drilling with much higher pressures at deeper levels to fracture the rock and extract oil previously unrecoverable.
The four-member panel included two residents of Upper Ojai — John Davis and Marianne Ratcliff — and R.L. Miller, environmental blogger and chairperson of the State Democrat Environmental Caucus. and Tom Williams, Ph.D., a geologist with Sierra Club of California who has decades of experience consulting for oil companies around the world.
Applications pending with the county for 19 new oil wells in Upper Ojai prompted the panel. With new technology, and reports of many new leases being bought up for lands with no previous oil activity — including 200 acres at the Ferndale Ranch area near Thomas Aquinas College — at this point it’s unknown whether other parts of the Ojai Valley could become active oil fields.
“If the price of oil goes to $105 a barrel they will frack everything,” said Williams. “Everybody can break even and they can frack to their hearts delight.”
“There will be fracking,” said Davis. “The best way to deal with that reality is regulation. California and the US will have very little impact on global warming. We have failed in our responsibility as a nation [by bowing out of the Kyoto agreement]. There is no going back. Whatever we do, it’s not going to change that.”
“The thing that is critical to know,” said Ratcliff. “Is there are no fracking regulations [right now], at all. I didn’t believe it, but it’s true. All [fracking] chemicals are completely exempt from the [federal] Safe Water Drinking Act (SWDA). Unknown chemicals are injected into the ground [during fracking], and it’s perfectly legal.” Ratcliff told about how Sen. Hannah-Beth Jackson confirmed with Division of Oil, Gas and Geothermal (DOGGR) regulators that all of their oversight is based on – self-testing, self-monitoring and self-reporting, by the operators. “When they said yes, there was stunned silence [at the hearing in Sacramento],” said Ratcliff.
A portion of the 2005 amendment to the SWDA, known as the Halliburton Loophole, exempts the industry and specifically fracking from the requirements of the law.
Fracking is not mentioned in any of the permit applications required by County planning, or in any paperwork that DOGGR requires operators to submit when they drill, rework or abandon a well. DOGGR officials admit they only have approximate numbers on how many wells have been fracked because they have not and currently do not track the process. State Oil and Gas Supervisor at DOGGR, Tim Kustic states that all wells are subject to “robust regulation” regarding well construction and that DOGGR officials do witness pressure testing of the casing. DOGGR currently has discussion draft regulations out and is conducting workshops to receive public input as they prepare to begin the formal rulemaking process. Some operators voluntarily disclose some fracked wells at fracfocus.org.
“This is a question of how much more poison can we put into the atmosphere,” said Miller. “We need to say, no [to fracking].” She pointed to issues related to carbon, water and earthquakes. “The climate crisis is the biggest challenge facing the next few generations of humanity.”
There are several bills making their way through the State legislature. Some deal with wastewater, monitoring or notification, and some call for moratoriums unless certain conditions are met.
The panel in Ojai came on the heels of DOGGR’s public workshop on April 19 in Santa Barbara where Mark Nechodom, director of the California Department of Conservation – which oversees DOGGR — was asked about partial moratoriums on fracking.
“It is worth considering, given public concern,” said Nechodom. He said that while fracking regulations are being created it is possible for DOGGR to draw a boundary around existing oilfield areas and require that fracking only take place within those boundaries. When pressed about a moratorium on all fracking Nechodom said, “Jerry Brown wouldn’t allow one of his departments to place a moratorium on fracking.”
At the same time as DOGGR’s hearing, Sen. Jackson was blocks away in Santa Barbara introducing panelists for a California Communities Rising Against Fracking discussion held by Global Exchange – an international human rights organization that empowers citizens to pursue local action on various issues.
“Do not wait for your politicians,” said Doug Shields, one of nine Pittsburgh, Pa. council-members, who in 2010 unanimously approved an ordinance banning natural gas drilling in their city, effectively banning fracking. “If you expect us to save you all, it’s not going to happen. What the people did in Pittsburgh allowed the elected officials to do what they did.”

Editor’s note: This story was changed April 25, 2013 to correct the name of one of the panelists.

April 19, 2013
Kimberly Rivers, OVN correspondent
Monday, April 22 at 7 p.m. at the Ojai Art Center, 113 S. Montgomery Street in Ojai, the Ojai Valley Democrats will host a panel on hydraulic fracturing or fracking. The oil and gas well completion process involves injecting water, sand and chemicals under high pressure into deep oil and gas wells, to fracture the hard, dense shale rock formations, releasing oil and gas trapped in the rock. New technology is allowing access to oil and gas plays across the nation, including the Monterey Shale formation lying under Ventura County and the Ojai Valley. Lawmakers, the public and environmental groups are tracking the uptick in activity of the oil and gas industry in the area and since there are no regulations in California specific to fracking, some are raising concerns.
Panelists will include RL Miller, nationally recognized environmental blogger and newly elected chairperson of the State Democrats environmental caucus; Marianne Ratcliff, journalist and 19-year resident of Upper Ojai; John Davis, resident of Upper Ojai, architect and blogger at Urban Wildland.
In February, the Ventura County Planning Department held the public hearing for Mirada Oil’s application for nine new and two exploratory wells to be added to an existing conditional use permit on an oil field in Upper Ojai. Several Upper Ojai residents attended the County Planning hearing, and most expressed objections to the changes, pointing out that no environmental review was conducted regarding the cumulative effects. Mirada owner, Scott Price indicated that he had no plans to frack any of the wells.
Also noted in the notice is the 1970’s court case, Whitman v. County of Ventura, where Mr. Whitman, now in his 80s and still living in Upper Ojai, sued the county regarding their issuance of conditional use permits in Upper Ojai without conducting the necessary environmental review that would consider the cumulative effects of adding wells. Whitman prevailed, the county was found to have issued the permits in violation of the law and the case still stands as precedent.

The two abandoned horses stand in the Upper Ojai field where they were left last week without food or water. (photo by Kimberly Rivers)

April 18, 2013
Kimberly Rivers, OVN correspondent

Two horses have been rescued from a field across from Summit Elementary School in Upper Ojai by the Humane Society of Ventura County (HSVC) and are currently being treated at Ventura County Animal Services (VCAS) in Camarillo.

According to Officer John Brockus, director of investigations at HSVC, the Ojai shelter received several calls April 12. Two officers responded, but declined to comment at the scene, other than to say they would begin an investigation. As of press time, officials have been unable to establish ownership of the horses who were left without access to food and water.

“We expected Ventura County Animal Services to (retrieve) the horses on Friday,” said Brockus. “But on Saturday we received word that they did not have enough staff to get them.” So Brockus picked them up Saturday. A veterinarian determined the dark bay Arabian stallion was 350 pounds underweight and the chestnut part quarter-horse mare was 400 pounds underweight. The mare was treated for an infection in both eyes. The pair were cared for at HSVC’s Ojai shelter until Monday, when they were picked up by VCAS and transported to the Camarillo facility.

“We contacted the property owners, and the horses were abandoned on the property,” said Brockus. “We were unable to establish ownership.”

He indicated that he would be interested in any information members of the public may have.

There are reports from Upper Ojai residents that conflict with the findings of the Humane Society investigation.

“There is not a doubt in my mind that those horses have been in that field since last summer,” said Sara Barnes, a horse owner in Upper Ojai. “There was a third grey horse that is gone now. We reported them last summer to the Humane Society and we were told that they couldn’t do anything because the horses were not contained.”

Last Friday, the horses were at the fence along Highway 150, easily visible and easier for the officer to catch.

“They are doing very well,” said Officer Pat Bryan with VCAS Wednesday. “They are eating and drinking.”

Brockus has spoken with the real estate agent for the property which has been for sale for more than a year. According to Brockus, the agent was confident that if the horses had been there, they would have been seen during the numerous visits and tours made to the property. The agent also confirmed that there is no water on the property.

Brockus noted that the Humane Society received one call in February 2012 regarding horses in the same field, but officers were unable to locate any despite several visits. He said he is confident that these horses were recently put in the field and at this time is unable to further work the case since they are unable to establish ownership.

Brockus added that he receives about one call a week of horses being abandoned. Folks will be out on a trail ride and come back to find a horse tied to their trailer.

“If someone is having a hard time providing for their horses they can contact the Humane Society and ask for help,” said Brockus. “Call us for help, we don’t want anyone to abandon animals. We can help find a rescue.” He said that someone who asks for help would not be charged. “Unless (they wait too long) and the horses are skin and bones and almost dead, then I will arrest them,” said Brockus.

For information about making donations to help in the care of the two horses, or to inquire about adoption, contact Ventura County Animal Control at 388-4341.

Anyone with information about the rescued horses should contact the Humane Society at 646-6505.

April 18, 2013
Misty Volaski, editor@ojaivalleynews.com

For five decades, sick students in Ojai’s public schools have depended upon Charlene Fitzgerald to help them keep up with their classwork.
Five days a week for an hour a day, the “home teacher” instructs students — who are unable to attend class with their peers due to medical conditions — in their homes and hospital beds. “Sometimes it’s a cancer patient, or mono (mononucleosis), even something emotional like bipolar (disorder). Sometimes it’s only for a few weeks, sometimes it for a year,” Fitzgerald said. “It just depends on the situation.”
The veteran teacher was honored by the Ojai Unified School District’s board of education Tuesday night for her 50 years of service. The Board presented Fitzgerald with a necklace to commemorate the occasion.
“Charlene is emblematic of a teacher who has a heart for students, especially teenagers,” said Marilyn Smith, a longtime OUSD teacher and current director of elementary education. “She thoroughly enjoys connecting with students.”
Emily Mostovoy, an OUSD graduate who is now the District’s director of special education and student services, agreed with Smith. “Charlene has played such an integral role in educating so many youths within the Ojai Valley. She is a champion for our students and is dedicated to supporting each student’s academic and social emotional growth.”
Many of Fitzgerald’s former students have fond memories of their time with her. Lacey Noble, who underwent treatment for cancer while she was attending junior high school, exclaimed, “Oh she was amazing! There were points where I would be too sick to actually work, and she would just come and sit with me. She was always super easy going, such an awesome lady! She made my school experience super positive.”
A Nordhoff graduate herself (class of 1956), Fitzgerald moved to Ojai from Walnut Creek when she was 13. Excepting the years she spent in college at UC-Santa Barbara, she has lived in Ojai ever since.
She began her career as a teacher at Isbell Middle School in Santa Paula. After taking a year off to have her first child, she moved on to Matilija Junior High School, where she taught physical education.
A few years into her career at Matilija, a freshman girl at Nordhoff High School got pregnant, and Fitzgerald made the transition from in-class teacher to the job she’s held for the majority of her 50 years with the OUSD.
“They wanted a female to teach the pregnant girl at home, and asked if I would be interested. I said yes,” Fitzgerald remembered. “So I did that, and I started doing more and more (home teaching), and decided I liked it and wanted to stick with it.”
Because she only has one hour per day per student, she’s got her work cut out for her. “That’s only 15 minutes per subject — English, history, math and science. That’s not a lot,” she said. Add in elective classes and things get tricky. Fitzgerald’s students still use the same textbooks and follow the same basic syllabus as their peers, but Fitzgerald has the ability to be a bit more flexible in order to cover everything.
The years since her first home teaching job, Fitzgerald said, have taught her much and shaped her into the person she is today. “Especially the kids with cancer, cystic fibrosis, leukemia, liver transplants — from all of it, it’s made me a stronger person, a better person,” Fitzgerald said. “These children have never complained … they just want to keep life as normal as possible.”
She’s experienced a number of triumphs as well as several tragedies.
“Four of my students have died,” she sighed. “Thats’ what makes this job really hard. But those kids really taught me that you just have to take what life gives you.”
She’s attended sports games, weddings, funerals and quinceañeras for her students. One teenage mom made Fitzgerald her son’s godmother.
Fitzgerald has also taught multiple generations of students — “I’m now teaching the children and grandchildren of kids I went to school with!” she laughed.
One girl, who had a baby when she was just 14, had two more children later in life — one of whom required Fitzgerald’s assistance after being hit by a car. “It’s so interesting who you run into,” she said.
More than helping students keep up with their schoolwork, Fitzgerald said, “I think the thing I give them more than anything else is stability. They know I am coming every day, and I’m going to check their homework and I’m going to grade it.”
Jodi Heath, OUSD coordinator of certificated personnel services, said, “Charlene is the fairy godmother we all wish we had in our lives. She’s just a wonderful person.”

April 18, 2013
Tiobe Barron, OVN correspondent

Those looking for something to do in Ojai for this Saturday’s Earth Day need look no further than Oak Grove School. Oak Grove has been producing the local event since 2001. More recently, it has partnered with Food for Thought, the Ojai Valley Green Coalition and the Ojai Valley Land Conservancy.

“It became so intense we asked other non-profits to collaborate,” explained Andy Gilman, director of outreach for Oak Grove.

Last year, between two to three thousand people attended the festivities throughout the day. This year, Ventura County Supervisor Steve Bennett is slated to kick off the festivities and Assemblyman Das Williams and Assemblywoman Hannah-Beth Jackson are also expected to attend.

In preparation for the event, Oak Grove sent squares of fabric to every school in the community on which students wrote their wishes for the Earth. These will be strung together Tibetan prayer flag-style and displayed at the event.

“We have really been working to create a whole-community event,” said Gilman.

The local business community has rallied around the event, contributing items for a raffle, that will cover the event’s costs. Raffle prizes include tastings at the Ojai Beverage Company, dinner for two at the Deer Lodge, an electric bike rental from The MOB Shop, among many others. The grand prize is either $4,000 cash or a trip for four to New York City, including airfare, hotel and tickets to a Broadway show.

Food vendors will range from a vegan Jamaican option to Jim and Rob’s Fresh Grill and even fare from the Oak Grove School chef. Musical talents scheduled to perform include the Ojai Youth Symphony, school bands from Nordhoff High School, Besant Hill and Oak Grove, as well as from Dave Palmer and Friends and others.

Activities range from free yoga lessons to solar-powered Lego creations, a rock wall and bubble roller, as well as peace stick demonstrations and Aztec dancing.

Booths will inform attendees about sustainable farming, conservancy, electric vehicles and more. Ojai Food Co-op, California Solar Electric, EJ Harrison & Sons, Los Padres Forest Watch and others will have exhibits as well.

In honor of the event, Ojai Trolley will provide free rides all day.

“Earth Day gives us an international day of intention on community, sustainability and regenerating our planet,” said Green Coalition executive director Deborah Pendrey. “It’s a way for Ojai to work together to ensure our community will be here for our children and grandchildren.”

The Earth Day celebrations are free to the public, and will run this Saturday from 11 a.m. to 4 p.m. at Oak Grove School, 220 W. Lomita Ave. in Ojai.

Visit www.ojaiearthday.org or call 646-8236 for more information.

April 18, 2013
Kimberly Rivers, OVN correspondent

The county of Ventura is currently repaving 4.68 miles of asphalt on 11 roads around the unincorporated parts of the valley, in a $1.8 million project that is expected to be completed by the end of May.

Toro Enterprises, based in Oxnard, was awarded the contract by the Ventura County Board of Supervisors April 12 as part of a multi-year, countywide-repaving plan. Toro’s bid, the lowest, was 8.3 percent below the county’s estimate for the project.

“I’m very happy with the large number of Ojai Valley roads that we’ve been able to resurface in the last couple of years,” said Ventura County Supervisor Steve Bennett. “The quality of work has been excellent. They’ve even been able to correct some long-standing drainage problems as they go.”

All road repaving is funded through gas taxes, which are dispersed to the county by the state. Roads are selected for repaving based on their condition, and consideration is given to make limited funds stretch the extra mile.

“Sometimes this means that the worst road won’t get repaved first because a medium-poor road can be prevented from reaching the point of major deterioration with an inexpensive light surface coating,” said Steve Offerman, assistant to Bennett. “Repaving lasts around 15 years, a light surface coating lasts eight years.”

According to information on the plans released by Bennett’s office, the project “uses rubberized asphalt for repaving, which both recycles used tires and delivers a longer-lasting, smoother and quieter pavement surface.” The paving project includes “surface prep and crack sealing, base repair, leveling, cold milling and grinding, asphalt rubber hot mix overlay, shoulder backing, curb and gutter removal and replacement, pavement delineation and striping.”

Shoulder improvements are also a part of the project.

“The county has been focusing on the Ojai Valley,” said Bennett. “This fall, we will be repaving over two dozen roads in the valley in a multi-million-dollar repaving push.”

The county gives a three-day notice for any planned road closures, and works to keep such closures to a minimum. During this project, a road will be closed for half a day at most. Roads to be paved during this phase include: Kenewa Court and Tewa Court off Creek Road; Nye Road in Casitas Springs; Carne Road, Fordyce Road, Gorham Road and Orange Road in the East End; and Chaparral Road, Grapevine Road, Rockaway Road and Sierra Road in Oak View. Offerman added that 43 other roads in unincorporated Ojai will begin the repaving process this fall.

Greg Grant with the city of Ojai’s public works department, said several streets within the city limits will also be paved, most likely in the fall.

April 18, 2013
Tiobe Barron, OVN correspondent

Ojai’s City Council will meet Tuesday night to discuss the possibility of establishing weekend Ojai Trolley service to Lake Casitas.

The proposed route extension would run from downtown Ojai to the recreation area throughout the summer.

“The Casitas Municipal Water District park services manager, Carol Belser, contacted city of Ojai staff to discuss the idea of having the Trolley service provide summer season weekend or Saturday service to and through the Lake Casitas recreation area,” states a staff report for the meeting. “While both Saturday and Sunday service were preferred, their budget only allows for Saturday service at this time.”

Ultimately CMWD and city staff would need to hammer out the finer points of such a service, should the Council express interest in pursuing this further. The cost to the city would be offset by a “route guarantee” of $79 per hour paid by CMWD.

Other agenda items include a request from local businessman Chet Hilgers to place a well on the eastern part of his Bryant Street property to supply landscape irrigation. According to staff reports, the Ojai Basin Groundwater Management Agency has already given its approval, and public works director Greg Grant is recommending the city approve the permit for this project.

At the same meeting, Ojai Police Capt. Dave Kenney will brief council members on Ojai’s 2012 crime statistics and police response times.

The City Council is also slated to hear a presentation from the Ventura County Civic Alliance’s Tom Tarantino.

The City Council meets 7 p.m. the second and fourth Tuesday of each month at 401 S. Ventura St. in Ojai. Visit www.ci.ojai.ca.us to view recordings of previous meetings, or for more information on these and other Council agenda items.

April 16, 2013
Kimberly Rivers, OVN correspondent

Ojai Valley Municipal Advisory Council (MAC) approved a motion to support a new Meiners Oaks sidewalk project at its Monday night meeting. About two dozen citizens came to hear the Ventura County Public Works presentation on the proposed project, which will feature five-foot sidewalks on the south side of El Roblar Drive, from Lomita Avenue to La Luna Avenue.

MAC board members support came with one condition — that public works office will continue to work with affected property owners to address their concerns.

The project will break ground in October, take six weeks to complete and will cost $260,000, according to the presentation. Half of the funding comes from California State Transportation Development Act funds, the other from the Ventura County Road Fund, which is supported by gas taxes.

According to the public works department nine or 10 parking spaces will be lost due to the project.

“The public works agency and all of us at the county are very aware of how precious parking is along El Roblar,” said Steve Offerman, representing Ventura County Supervisor Steve Bennett’s office. “We received communications from the PTO at the school (Meiners Oaks Elementary).” He added that Bennett’s office has also heard from  “Many residents of Meiners Oaks (who were) concerned about pedestrian safety and making Meiners Oaks a more walkable community.”

Chris Hooke, deputy director of the Ventura County Public Works Agency, pointed out that public comment time is still open. “Within the next couple of weeks, if you have comments we want to meet with you and hear what you have to say,” he added.

According to Alison Sweet, engineering manager for the public works agency, the county is in the process of purchasing easements (where needed) for the project. The design is in the preliminary phase, so changes can still be made based on input from the community.

During public comment, residents, business owners and homeowners expressed support, concerns and asked questions.

Long-time Meiners Oaks resident, Pat Baggerly, presented a letter to MAC suggesting that the safest option would be to place the sidewalk on the north side of El Roblar Drive, because that is where most of the children currently walk. Public works officials replied that more parking spaces would be lost in such an option, because three blocks of perpendicular parking lie on that side of the street, and it is unsafe to have pedestrians walk behind parked cars.

Hooke indicated that the county can explore options for making safer crossings and request that Meiners Oaks Elementary School implement a community education program for families to encourage students to cross where it is safe and to utilize the new sidewalks. Offerman said he will pass along requests for more enforcement of speed limits on El Roblar Drive.

“I’m here to find out why you would want to replicate an already existing sidewalk,” said Ralph Aguirre, a property owner and resident of Meiners Oaks for more than 40 years. A sidewalk is currently adjacent to his property along El Roblar Drive.

“This is an area where right now the sidewalk is on private property,” said Sweet. “ Our goal is to have public access for the school children. So yes, there is already existing concrete but it’s not a public way to walk. So that is why we would like to purchase that property in order to make it a public easement.”

“For me it’s kind of an insult when you’ve already made your decision,” said Aguirre. “Now, finally, the community is here for the first time. I think the (sidewalk) is necessary, and will benefit everybody. I don’t like how you waited so long to inform the community about your plans. I just got a little emotional when you were pointing at my property, I’m very protective of my home.”

“This is a preliminary design, and that’s why we are here to hear concerns and see if we can make adjustments,” answered Sweet.

“The question is eminent domain,” said Aguirre. “When you make me an offer, are you forcing me to sell my property to you? I honestly don’t feel like selling my property to anybody. I’m in a very defensive mode right now. It’s my home. I’ve been paying my property taxes for 18 years. All of a sudden, you say I think we’re going to use eminent domain and try to take away peoples’ properties.”

“Has anyone threatened you with eminent domain?” asked Hooke. “We are not going to use (eminent domain). We would like to purchase the properties if you will sell them to us. If you won’t sell, there may be a gap where there is no sidewalk, or the children will use your sidewalk.”

“I want to make sure you don’t just construct a bunch of concrete down the street and then you neglect it,” said Aguirre. “I’m in there for the long run, to actually help the community. I don’t think big government is going to help the community. I think individuals help the community.” He asked about whether there can be trees, bricks or other elements incorporated into the design.

“We actually have had meetings and discussions about this project,” said Patricia Cardinali, owner of Cardinali Brothers Music in Meiners Oaks and president of the Meiners Oaks Business and Arts Association. “And we had notifications in the paper of our gatherings. We try to be very public and invite the community (for input). I see that you are not being forceful about acquiring property and you want to do as much as you can to work with property owners.”

“I’m a property owner in what I affectionately call MO-Town,” said Mike Krumpschmidt, a resident of Meiners Oaks for 36 years. “I walk a lot through Meiners Oaks, I ride my bike a lot. I’m a former teacher, so I feel I’m in tune with the ebb and flow of students to and from school. I’ve walked on your sidewalk (indicating Aguirre) and really enjoyed (it), and I’ve walked at other places where I found myself in danger a couple of times. I am really happy that the county is proposing to do this project.”

“I’ve been watching Ojai City Council meetings, and I’m proud of (Meiners Oaks) not being part of Ojai,” said Aguirre. “We don’t have it dictated to us what color to paint our house, or that we can’t have Christmas lights up. I like being in the unincorporated part of Ventura County. We have a little more freedom. I don’t want us to lose it.”

Community members who wish to express their concerns or meet to discuss specifics of how the project will affect their property can call Sweet at the Ventura County Public Works Agency at 477-1911.

April 16, 2013
Tiobe Barron, OVN correspondent

The Ojai Valley Museum is requesting the city of Ojai allocate $50,000 in the next budget cycle to subsidize its maintenance, exhibits, outreach and utility costs. The Museum, which also houses the only official visitors’ center in Ojai, has been at its present location since 1997, when Saint Thomas Aquinas Catholic Church sold the property. Between 1997 and 2005, the city funded the Museum to various degrees, depending on the Museum’s needs, until the city was no longer able to afford this expenditure after losing revenue it normally collects via bed tax from the Ojai Valley Inn & Spa, which had closed for renovations.

“It costs $21,000 per month just to keep us open,” says Museum president, Ann Scanlin. “We just went through a whole budget process, cut back. We’re on a bare-bones budget … We would continue to try to raise money, but we spend so much time fundraising we don’t have time for creative things. I don’t like to even think about the Museum closing. That would be a real tragedy.”

Although the city has not funded the Museum in approximately seven years, Scanlin remains optimistic.

“We are confident (of the city’s support). They give the Visitors Bureau $50,000 per year. We feel we do a lot for the city of Ojai, and that we are equally deserving,” says Scanlin.

“The Museum board and many of our supporters are here tonight to request the city’s help in keeping the Museum open during these difficult times,” said Museum trustee, Craig Walker, at the last Ojai City Council meeting. “We have struggled on our own for the passed few years. We have increased our membership, worked hard to maintain our donor base, and cut expenditures to the bone. Yet we are unable to close our budget gap. We urge you to give our funding request a high priority in your mid-year budget deliberations.”

“It is very difficult to get the support we need to stay afloat,” admits Scanlin. “We do a lot for the city that people don’t even know about.”

The Museum is housed in the former Saint Thomas Aquinas Chapel, the only building in Ojai on the National Register of Historic Places. Additionally, the Museum is home to a research library, fireproof archives, a sculpture garden, rotating exhibits, art classes, a shop specializing in Ojai-related books and locally crafted products, guided weekly walking tours and an oral history committee. The Museum is run by one full-time director, one part-time administrative assistant, one part-time graphic designer and a number of volunteers.

“It’s no easy task to do what we do,” said Scanlin at the Council meeting. “We feel the Museum is worthy of the city’s financial support because we are the only museum in Ojai, and we do what we do very well, and no one else does what we do for this city in so many ways.”

“We have a big story to tell of all the people who make this valley a beautiful place to be, and what better place to do it than in the Museum?” commented Julie Tumamait-Stenslie at the meeting. “It’s the first place people go, it’s the first place I go when I travel, to see the cultural centers, the museums. It’s a beautiful spot with beautiful architecture behind it. Where it was once supported by the city, it should continue that way.”

“During all the turmoil around the world in the last 10 years, there’s been times when different regions in the world have had their museums pillaged and artifacts destroyed. I remember how all of us looked at that as how horrible it is. It really brings home how important protecting your legacy is,” said Councilwoman Betsy Clapp. “I really want to say that I really appreciate the Museum, and recognize how important it is.”

Council is expected to make its budget decisions this June.

Call 640-1390 to get involved with the Ojai Valley Museum or for more information.

April 16, 2013
Kit Stolz, OVN correspondent

In January 2001, just days before exiting office, the Clinton administration issued a “roadless rule” prohibiting construction of new roads on more than 58 million acres of national forest lands.

Now, after numerous legal fights over the rule, the Forest Service has issued a new “land management plan” to protect 300,000 acres of wild areas in the Los Padres backcountry from the construction of new roads, and is asking for comments from the public.

“The environmental groups’ beef was that our land use management plan from 2006 didn’t reflect what was in the roadless rule,” said Kyle Kinports, planner with the Forest Service in Goleta. “It wasn’t as restrictive. We’re making a good faith effort to align our land management zone policies with the roadless rule, and so we’re being a little more restrictive and not allowing motorized vehicles (in the roadless areas).”

The lands in question, called Inventoried Roadless Areas, are already being managed as “backcountry non-motorized lands,” according to Ojai’s district ranger Sue Exline. Near Ojai, they can be found on the fringes of the Matilija Wilderness and the Sespe Wilderness. Exline stresses that the plan in consideration would restrict the construction of new roads, but will not mean the elimination or restriction of activities on existing roads, including mountain biking.

“A wilderness designation would preclude the use of mechanical equipment, including mountain bikes,” she said. “That’s a popular use. We see a lot of use of our fire roads by bicyclists, and that influenced our decision to recommend these lands for ‘backcountry non-motorized’ uses and not for wilderness.”

The Forest Service issued a land management plan for Southern California forests in 2006 that was quickly challenged by lawsuits from environmental groups such as the Center for Biological Diversity (which often litigates on endangered species issues) and from California’s Natural Resources Agency. After three years of legal back-and-forth, Federal District Court Judge Marilyn Patel Hall accepted a settlement between the many parties, which required the Forest Service to redraft the plans with an emphasis on preservation of habitat for endangered species.

The Forest Service put forth three alternatives for consideration by the public, which has until May 16 to comment. The first alternative calls for no change. The second alternative, recommended by the Forest Service, calls for most of the roadless plans to be designated as “back country non-motorized,” which allows for mountain bikes. The third alternative calls for more lands to be recommended for wilderness, which would require eventual action by Congress. Exline said that none of the plans would restrict those who have “in-holdings” in the National Forest from accessing their lands, nor would it restrict the Forest Service or county agencies from using the tools they need to fight fire in emergency situations.

“I think what the planners have been trying to do is find an alternative to wilderness in large open areas where there will not be industrial activities such as logging, but where certain activities could be permitted where a road already exists,” said Allan West, a former administrator for the Forest Service, who has retired in Ojai after serving for many years as a district ranger in Los Padres, and in Washington, D.C. “Fire is such a problem in Southern California that they need the ability to find fire, and to do defensive actions such as prescribed burns, which is contrary to the wilderness act.”

Ileene Anderson, a biologist for the Center for Biological Diversity, one of the environmental groups that sued over the 2006 land management plan, stressed the co-operative nature of the process. She said her group had worked with public officials and with off-road vehicle groups to design a fair process for consideration of which roads and trails should remain and which should be considered for eventual removal and restoration.

“Certainly we have concerns with some of the roads that are out there now, with impacts on rare and endangered species, and also on clean water downstream from crossings. Even trails can cause problems for some species, such as the arroyo toad,” she said. “Is there a better way to do a trail than for it to go in and out of a perennial stream 75 times over a period of a few miles?”

The Forest Service has not scheduled meetings on the issue in Ventura County, but has held meetings in Frazier Park and Goleta, which were chosen as a halfway point between Santa Maria and Ventura. Both Anderson and Exline encouraged public comments.

“It’s important for people to know that we provide many opportunities for comment, but once we issue a decision, if people want to object they need to have voiced their concerns about it during the public comment process,” Exline said.

Most comments are received by email. A form for commenting online is available at the Southern California Land Management Plan Amendment page, https://cara.ecosystem-management.org/Public/CommentInput?Project=35130.

Alice Liu, Bamboo Creek Spa owner, was caught in the middle of a battle between her signmaker and the city. (photo by Tim Dewar)

April 16, 2013
Tim Dewar, publisher@ojaivalleynews.com

Allen Quigg has made a life out of making signs. His work is on display throughout the Ojai Valley and he claims to have produced more than 250 in the Ojai Valley alone.

But his 45 years as a signmaker have done little to help him navigate the “bureaucratic larceny” he said occurs in the city of Ojai’s Building and Planning divisions.

Quigg, the owner of Woodcrafter Signs in Ventura, has been honored by the city in the past for his signs. He was hired recently by Bamboo Creek Spa owner Alice Liu to produce a sign for her business at 1002 E. Ojai Ave. After he created the sign and hung it on the building, Liu received a call from the city saying the sign did not conform to the Comprehensive Sign Program (CSP) for that building.

The city requires that buildings with three or more tenants have a CSP. A CSP outlines the guidelines a tenant must follow if they want to hang a sign without getting a permit.

“They (CSPs) are all specific to a property,” said Ojai’s community development director Rob Mullane. “Some are detailed and some are vague. The older the sign program, the more vague they are and the more need for interpretation. The newer ones are very detailed.”

When Quigg contacted Mullane about the notice, he was told the sign would have to come down or that Liu would have to apply for a request to modify the CSP if she wanted to keep a graphic element — bamboo stalks — on the sign.

“He (Quigg) basically explained rather strongly that the sign was exempt,” Mullane noted. “I told him I had reviewed the project and it was my determination that the sign is not consistent with the CSP.”

Mullane added that the CSP for this building does not address the issue of graphics. “I haven’t done many of these for the city, it is something I am still getting used to and understand in terms of how they work, but elsewhere in the zoning code if something is covered, it is allowed, if it is not covered, it’s not allowed,” he noted.

He said he told Quigg removing the graphic element was all that was needed to make the sign conform to the CSP. “Since he had already installed the sign, I thought this might be the easiest solution.”

But easy isn’t Quigg’s style. He said he went to the city to talk with Mullane, but said he was greeted less than enthusiastically.

“Why had I, on several prior occasions, been allowed a valid, approved sign permit if the CSP did not allow that?” Quigg asked. “A staff member clarified that mystery for me in the presence of the director as the three of us were standing at the planning counter. The reason they were approved, they said, was because I am so difficult to deal with that the permits were approved just to get rid of me.”

Mullane doesn’t recall that happening and explained that if anyone on staff did say something like that it would likely have been in jest.

“I would say that I have seen Mr. Quigg at the counter and he is stubborn. He fights for what he believes to be the case in a confrontational way. It makes me uncomfortable that my staff is put in a position where someone is raising their voice. One thing he has difficulty with is restrictions to his creativity.”

The cost to request a revision to a CSP is $90, and under the city’s cost recovery system, a deposit of $1,200 is also required. More complicated requests can cost more. If staff costs do not exceed the deposit amount, the balance is refunded to the applicant. If costs exceed the deposit, the applicant must pay the additional cost.

The deposit for a new sign permit is $1,500.

Mullane noted that Quigg was quite upset with the cost to appeal. “Those permit costs are set by council and reviewed every year. I do have discretion and I often decrease the amount of a deposit if I think something is very simple and won’t involve a lot of staff time. In fact, I offered that to the owner of the business. We would only charge an $800 deposit and the $90 administrative fee. The deposit is there so the city can fully recover staff costs to prepare and bring the request to the decision makers.”

Mullane said he intends to ask the Planning Commission to weigh in on a modification to the CSP program fees. They could recommend that Council leave it as-is, reduce the cost or they could make it a set fee, not deposit-based.

Because Quigg is not the only applicant struggling to come to an agreement with city staff over the complex — and often contradictory — zoning ordinances and building codes, (the Ojai Valley News will profile others in the near future) Ojai Mayor Paul Blatz announced last week that he will propose considerable changes to the way some permits are handled.

While the changes must be approved by the City Council, Blatz envisions that projects that allow for discretionary approval by city staff — where the applicant and staff disagree on the interpretation of the code or when Mullane recommends denying the project — would be referred to Ojai city manager Rob Clark. If Clark approves the project, it could move forward. If the city manager agrees with the community development director, it would then go to the mayor and the mayor pro-tem to review. If both agree to grant approval, the project moves forward. If one or both recommend denial, then the applicant could pay the permit fee and deposit to follow the normal appeals process.

As for Quigg, he said he plans to continue to push for more changes in the city. “It’s criminal the way they treat people and that has to change.”

April 11, 2013
Tiobe Barron, OVN correspondent

Ojai City Council Tuesday night passed to a second reading the ordinances necessary to implement the 2006-2014 Housing Element. The finer points of these ordinances were hammered out at the Feb. 20 public hearing. City staff made slight changes to the special overlay site list after the Carty family reportedly contacted the California Department of Housing and Community Development; in response, staff recommendations changed the density of overlay sites from 20 units per acre to the more “realistic” 12.6 units per acre. This, in turn, meant the existing list of sites fell short of the required acreage to provide 177 potential units of affordable housing, which was remedied by bumping up the number of applicable acres on the school district site from 3.4 to 4 as well as including a portion of the former bowling alley property.
“I can tell you firsthand the amount of work that the Planning Commission put into this was absolutely astounding,” commented Mayor Pro Tem Carlon Strobel.
“The Housing Element is such an intrusion into our community, but it does make us focus on affordable housing, which we do need in Ojai,” contributed Mayor Paul Blatz.
Ojai resident Doug Lebarr encouraged Council to concentrate on developing Ojai’s “eastern entrance,” the area around the former bowling alley. Local Chumash elder Julie Tumamait-Stenslie cautioned members to safeguard artifacts lying undiscovered in potential development sites.
“I am glad to hear there will be mitigation of cultural resources,” said Tumamait-Stenslie. “I would like to hear more on the methods used.”
Community development director Rob Mullane reminded wary residents and Council members that any development project that comes forward for the overlay sites will still have to undergo the design review process through the Planning Commission, ensuring some amount of discretionary control over these projects. Council will begin discussion of the next housing cycle this summer.
Council also heard a presentation given by Greg Gamble, executive director of the Ojai Valley Land Conservancy (OVLC). The OVLC recently entered into an agreement to purchase a parcel of land above Shelf Road, and had originally requested the city contribute $45,000 toward the approximately $500,000 needed by May 31 to secure the site. After additional contributions were received, the OVLC decreased the requested contribution of the city to $20,000. City staff recommended contributing this amount using Park and Recreation tax funds, as the preserve will have public hiking trails. The parcel, called the “Valley View Preserve,” measures about one mile east to west, comprises about seven percent of the land within city limits, and is nestled between Shelf Road and the firebreak road.
“To me, it would feel right if the city would contribute this $20,000,” Gamble stated. “This (protecting the land as a preserve) is one of the few things we can do that is permanent.”
“I think it’s a great project, but I would like to see things brought to the Parks and Recreation Commission, just as a courtesy and to utilize them,” offered Councilman Severo Lara.
“I would agree; I would like to endorse it tonight, but it would be appropriate to send it to the Commission,” agreed Councilwoman Betsy Clapp.
“It is very important that we have the protection of this property,” contributed Tumamait-Stenslie. “There are also well-documented cultural resource site, sacred sites, near and about that area, so having this land in a conservancy protects the sacred sites, the religious sites. As we endorse and support the Ojai (Valley) Land Conservancy, it’s a great opportunity to also support and protect the cultural resources that are there, and to protect the mountaintops that were at one time walked up to. Well, people are still doing that, in their way; praying and having solace up there.”
The next regular Parks and Recreation Commission meeting is scheduled for 6 p.m. May 9, and presumably will discuss the use of the tax funds toward the Valley View Preserve.
Council unanimously approved a resolution supporting approval of a special tax for the Casitas Municipal Water District to acquire and rehabilitate the Golden State Water Company’s Ojai service area. While this tax will not be levied on Ojai itself, Council felt it worthwhile to formally encourage the acquisition.
“In their staff reports they listed a number of reasons why their rates in Casitas would be lower than under Golden State,” said city manager Rob Clark. “First of all, Golden State has to pay income tax and property tax. Casitas is tax-exempt, so they do not. Golden State has to pay franchise rights to the City; Casitas is again exempt and does not. Golden State Water does not get property tax money, but Casitas does get tax money, and can use that for this service. Golden State Water has to pay very high executive salaries, or at least they do pay them, and Casitas does not.”
The next regular Council meeting will be held April 23 at 7 p.m., at 401 S. Ventura Street in Ojai. Visit www.ci.ojai.ca.us for upcoming agenda items.

April 11, 2013
Tim Dewar, publisher@ojaivalleynews.com

Ojai resident Bob Daddi understands what Gustav Mahler was talking about when he said, “I am hitting my head against the walls, but the walls are giving way.” Except in Daddi’s case, the wall is a fence and it is going up.
The politically charged case has been brewing since 2009 and went deeper than the question of where the fence would go.
Thursday, Daddi received a mea culpa of sorts from the city when it determined that the building and zoning codes were in conflict when it came to his situation and he should have been able to construct the fence without a permit (except for a five-foot section that required a variance because it is in the street’s right-of-way).
For Daddi, who estimates he has spent dozens and dozens of hours and approximately $10,000 to prove something he has been arguing all along, it is too little, too late.
“It should have cost me nothing,” Daddi said. “If they can’t screw you in planning, they screw you in zoning.”
After Daddi lost his appeal in January seeking to build a four-foot masonry fence and pilasters at the curb line of his property on Quail Oaks Drive, he removed a portion that had been built in the right of way.
When he checked to see whether a permit was required to complete the remaining portion of the masonry fence six feet high instead of four, Community Development Director Rob Mullane told him “A
6-foot high wood fence is exempt from a Building Permit. We would, however, need to review and verify a site plan showing the location of the wall in relation to the property line, the roadway easement, the improved roadway, your driveway, and any other pertinent improvements. Given that the improved roadway does not follow the roadway easement, we would further require that you have a licensed surveyor ascertain the property line and indicate this on the site plan submitted to the City. Also — and this is something that we did not specifically discuss — should any trees need to be removed or substantially trimmed, you may need to obtain a tree permit. The site plan should note the species and diameter of any trees proposed for removal or trimming, and Planning Division staff can advise you if a tree permit is required.”
Daddi’s attorney, Ryan Blatz, said Thursday he had been trying to have a discussion with city staff for two weeks regarding the wording of the code.
“The city’s building code says that you have to make a wall or fence out of certain materials, including wood and masonry, then in another part of the code it says if you use masonry then it is a wall,” Blatz explained. “They can’t have it both ways.”
Meanwhile, because of the city’s fee recovery policies, the price tag kept growing as staff devoted more time to the project.
“Since the city believes cost recovery is their right, I believe it is my right,” Daddi noted. I can’t believe they wouldn’t check first to make sure they were correct and on solid ground. The community development director should not have to rely on a subordinate that is not a licensed engineer or who holds a special technical position. He has a responsibility to research and fully understand the conditions and codes and current, codified requirements before he decides there are conditions and stipulations which are extraordinarily expensive to a homeowner, only to find they are erroneous and unnecessary. They (city staff) haven’t even said they were sorry. He had a chance to come in here and be an expeditor. Instead, he became a firewall.”

April 11, 2013
Kimberly Rivers, OVN correspondent

Tuesday afternoon the Ventura County Board of Supervisors were told by County Counsel that they could not “say ‘no’ to fracking,” but that they do have authority to monitor it through their land use permitting process already in place. Following the two-hour hearing, the Board unanimously voted to receive and file the report they received, and instructed staff to gather more information on monitoring fracking through the existing land use permitting process.
Fracking is a process using water, sand and chemicals injected at high pressures into deep, hard rock formations to fracture the rock and release the oil and gas sealed inside. The resulting “produced” water contains frack fluids which then require disposal in class II underground injection wells. The California oil industry is preparing to extract the 15.4 billion barrels held underground within the Monterey Shale formation.
“We can’t just say ‘no’ to fracking,” said Supervisor Steve Bennett. “The Board of Supervisors doesn’t have that authority” according to County Counsel.
“No, you cannot say ‘no’ to fracking,” said Leroy Smith of County Counsel. “You can deny permits.”
County land use rules require operators to get conditional use permits (C.U.P.) for new wells that are not included in the original permit. C.U.P.s must also be obtained for any activity on land not included in an existing C.U.P. Operators must also notify and receive approval from the state’s Division of Oil, Gas, and Geothermal Resources (DOGGR) to drill new wells, rework a well, or abandon a well — whether they are part of an existing C.U.P. or not. DOGGR depends on operators for notification of when new wells are drilled, reworked or abandoned.
“There are older C.U.P.s, granted in the ’60s,” said Bennett. “Many with no end date. I’m going to ask (staff to report back) on what extent we can get back some authority over these C.U.P.s that have no end date. And with new wells, not in an area with a C.U.P., can we require as part of the permit process that they inform us whether they will be fracking or not?”
“Yes, as part of the application process,” said Smith. “If they do not exclude (fracking), we can assume they want to frack and use all modern extraction techniques, so the environmental review that the application would have to go through would include the assumption that fracking would occur, and all the environmental aspects of that would have to be analyzed.” Smith clarified that the state is responsible for all “subsurface” regulations and the County is responsible for overseeing surface activities through its authority to regulate land use. According to Smith, through that power, the county can include disclosure of an operator’s intent to frack a well in the permit application process that is now in place.
Currently, the county’s Planning Department is processing two applications to modify existing C.U.P.’s and allow for new wells. According to the Planning Department’s website, Mirada Oil has a pending application for 11 new wells in the Upper Ojai area, and Venoco has applied for five new wells in Oxnard. Last year ,the county approved five new wells for Venoco on the same C.U.P. that they are again seeking to modify, for a total of 10 new wells for Venoco in less than a year — if the current application is eventually approved. Those wells approved in 2012, according to the staff report, “Will be directionally drilled to bottom in offshore locations … the bottom hole locations will range from 1,200 feet to 4,000 feet offshore.” The current application process has no requirements for the operator to indicate whether or not they intend to frack. Both the Mirada application and the Venoco project approved in 2012 were not subject to a California Environmental Quality Act (CEQA) review, as planning staff determined the projects would not have a significant effect on the environment.
In the 1970s, the county of Ventura was sued and found guilty of issuing permits for drilling in Upper Ojai in violation of their duty to consider the cumulative effects of adding new wells. The suit, Whitman v. County of Ventura, still stands as precedent, and John Whitman, now in his 80s, still lives in Upper Ojai.
Supervisors Steve Bennett and Linda Parks led the field in asking questions and expressing concerns at Tuesday’s meeting. “It doesn’t give me much confidence,” said Parks regarding www.fracfocus.org, the chemical disclosure website. She was speaking to Tim Kustic, state oil and gas supervisor with DOGGR, about the fact that the site is the proposed database to be used for disclosing fracked wells and chemicals. “Is there any verification of the information on the site?” she asked.
“We verify it (against) what we see,” responded Kustic.
Parks indicated she had found different information on a fracked well outside Somis than what was on FracFocus. And while the discussion draft regulations will require disclosure on the website of fracked wells and chemicals used — excluding those protected by trade secret laws — there is no framework for the information to be verified.
“There are no perjury (ramifications) with FracFocus,” said Tom Williams with the Sierra Club of California. He pointed out that it is not an official state-run site and therefore not subject to perjury requirements. “Fracfocus (is no longer) the only disclosure option. The South Coast Air Quality Management District (SCAQMD) has just passed requirements and will have a site up in two months.”
Williams was referring to SCAQMD’s passage of the first requirements for fracking to be on the books in California. The rules were adopted April 6.  The district monitors air pollution issues Orange County, parts of Los Angeles, Riverside and San Bernardino counties.
There are no other regulations on the books in California specific to fracking. DOGGR is conducting public workshops to receive input on the agency’s discussion draft fracking regulations. The next workshop is scheduled for noon to 8 p.m., April 19 in Santa Barbara, at the University Club located at 1332 Santa Barbara Street.
During public comment, Oxnard resident Steve Nash presented the Board of Supervisors with a Google Maps image of the Anterra Waste facility at 1933 E. Wooley road in Oxnard, and told the Board about Anterra’s application to move the facility to Santa Paula.
“As you can see there is substantial surface contamination,” said Nash regarding the Google Maps image he handed to Supervisors. “One would naturally wonder how much is going underground. Like it or not, fracking fluids are already in the ground. Regulating the industry is not about ‘NIMBY-ism’ or killing jobs … it is about the health, safety and welfare of the community.”
Visit http://maps.conservation.ca.gov/doms/ to see the oil and gas wells in the Ojai Valley.

April 11, 2013
Tim Dewar, publisher@ojaivalleynews.com

In response to a surge in citizen complaints about the city’s enforcement of its ordinances and codes, Ojai Mayor Paul Blatz said Thursday he intends to ask the City Council to approve a new approach to handling some cases.
“There are two things that are in the process,” Blatz explained. One is a Citizen’s Appeal Board. Staff had put that into the new building code, but it has just kind of been sitting there. I asked for that to be pulled out and looked at as a separate item.
The other idea I have put balloon up on and has gotten some traction is that with any discretionary approval, director’s exemption, or sign design for instance, an applicant and staff might disagree on the interpretation of the code,” Blatz continued. “My suggestion is that he (Community Development Director Rob Mullane) take that to (Ojai City Manager) Rob Clark and if he looks at it and says ‘I’ll grant the exemption, then it would be granted. If the city manager agrees with the community development director, then it comes to the mayor and the mayor pro-tem and we decide.”
Blatz explained that he envisions these additional steps would be administrative and would not have to be scheduled for a public meeting. He added that if a project makes it to the Council level, both the mayor and mayor pro-tem would have to agree or the applicant would then have to decide whether to start the existing appeals process.
“Like so many who work for a bureaucracy, it is easier for the community development director to say no and deal with one person being mad than it is to say yes to something that might cost him his job. He is a staff guy and he is going to say no far more often. I’m an elected official and if I can’t take the heat for making a decision, then there is something wrong with me.”
Besides helping improve community relations, Blatz thinks his plan will also help Clark and Mullane, who have worked in the city for approximately two years, understand better what the City Council and the community want.
“Sometimes we are telling the community such bull#^%* that nobody believes it,” Blatz remarked. “They can both be educated to look at things with logic and common sense.”
“Under the current process, the only person who reports to the Council is the city manager. I don’t think the community development director was taking things to the city manager,” said Blatz. “It wasn’t until these cases starting coming I really began to look specifically, and saw the absolute backward interpretation of the code that was the straw that broke the camel’s back.”
He said the projects that come to mind that could have been decided using this method include the Sea Fresh Seafood remodel, the Casa Ojai remodel, Bob Daddi’s wall on Quail Oaks Drive and a masonry fence appeal at 902 N. Signal St.
“We can’t open the flood gates to everything. We need to keep city looking the way it should, but don’t accomplish that by having everything be black and white either. I gotta believe that if it is successful, it will make life so much easier. There won’t be as much resentment and we will be doing the right thing.
Blatz said he would like to have the discussion scheduled for the May 7 City Council meeting.

April 9, 2013
Chris T. Wilson, OVN correspondent

While it’s come to light recently that controversial herbicides and pesticides are used to enhance and maintain public access areas around the Ojai Valley, it may be reassuring to some to know that other trails and open space properties remain chemical free.

Trails in the family of properties entrusted to Ojai Valley Land Conservancy are maintained entirely by hand, says OVLC preserve manager Rick Bissacia.

“We don’t use any herbicides on our trails,” Bissacia says. “I work mainly with the trails, and we just do everything by hand out there. The reason other agencies use pesticides and herbicides is because it’s cheaper. The Land Conservancy spends money to not use pesticides.”

The Land Conservancy maintains dozens of public access trails in the nearly 1,600-acre Ventura River Preserve west of Meiners Oaks. Other public access areas the OVLC protects include the Ojai Meadow Preserve adjacent to Nordhoff High School, Cluff Vista Park in downtown Ojai and Ilvento Preserve near Thacher School in the East End.

Thanks to a mild winter, Bissaccia says the need to do trail work in 2013 has been minimal.

“This has actually been a super mild year,” Bissaccia says. “Because of the lack of water, we’re not getting a lot of growth anywhere.”

Heidi Anderson, wilderness/trails manager for the Ojai Ranger District of the U.S. Forest Service (USFS), says that in the past decade that she’s been responsible for the trails in the national forest around the Ojai Valley, those trails have been maintained without the use of chemicals.

“We use volunteers to maintain the trails,” Anderson says. “The federal government doesn’t give us a budget for herbicides. So we don’t use them.”

The USFS trails system around Ojai includes many miles of trails including Cozy Dell, Pratt Trail, Gridley Trail, Sisar Canyon, the Sespe Wilderness and others that are publicly accessible and maintained by volunteer labor without the use of herbicides or pesticides.

Ventura County Parks Department has drawn public criticism recently for its use of glyphosate-based herbicide RoundUp® along sections of the Ojai Valley Trail. It’s a practice that takes place a few times per year, officials said. That’s a decision the parks department makes based both on budgetary restrictions and end user enjoyment, parks manager Theresa Lubin has said in recent months. Lubin said that herbicides are used sparingly along the trail to nock down thorn-bearing weeds that can harm bicycle tires. Considering the many miles of trails the parks department maintains, this kind of weed-pulling maintenance would be too costly to do by hand Lubin added.

Casitas Municipal Water District uses a variety of herbicides and pesticides to maintain its office and pump-house properties, water storage tanks and the recreation area at Lake Casitas. Officials say the reasons for using chemicals include maintaining dam structure by poisoning burrowing rodents, controlling weeds around the campsites with RoundUp® and reducing yellow jackets stings by using Friponil-laced bait traps for user comfort.

“All the chemicals we use are approved by the U.S. Bureau of Reclamation,” said CMWD Water Conservation Manager Ron Merckling in an interview last week.

While the use of chemical herbicides and pesticides continues, opportunities abound in the areas of trail adoption and volunteer trail maintenance. To learn more about these opportunities, visit the Ojai Valley Land Conservancy website at www.ovlc.org, Ventura County Parks Department at www.venturaparks.org, or call the Ojai Ranger District of the U.S. Forest Service at 646-4348.

April 9, 2013
Misty Volaski, editor@ojaivalleynews.com

From October 2012 to March 2013, officers at the Ojai Police Department responded to six traffic bicycle-vs.-vehicle accidents. Of those six, four were determined to be the fault of the bicyclist.

That percentage has Ventura County Sheriff’s officers concerned. “We’ve been seeing a lot of close calls too,” said Ojai’s Sgt. Steve Arthur. “Those are small numbers, but all it would take are two or three more this month then all of the sudden, you’d have a 50 percent increase (in accidents) … That’s what really bothers us, the potential for serious accidents. It doesn’t take much.”

Senior Deputy Ed Beauvais added, “And keep in mind, those are winter statistics. We’re going to see the upswing soon when people are going to be out enjoying the valley as it warms up.”

In hopes of preventing that upswing, Beauvais ia spearheading an effort by the Ojai Police Department to hold a free bicycle laws and safety class, slated for April 17 at 6 p.m. at The MOB Shop, 110 W. Ojai Ave.

“I walked in and they agreed to host this seminar almost immediately,” Beauvais said.

“This is part of our mission,” said Kelly Pasco of the MOB Shop. “We want to increase (bike) riding in Ojai, and we need people to (follow) the rules of the road.”

Beauvais last week, announced that his department will increase law enforcement efforts for bicyclists and motorists alike. “If someone is riding a bicycle in an unsafe manner, they may be cited as well,” Beauvais said. “Bicycles are subject to the same traffic laws as cars, so please ride carefully.”

In the days following the announcement, Beauvais said, “Seven people emailed me back! They had no clue that bicyclists have to follow the rules of the road. That’s why I approached The MOB Shop to hold this seminar.”

The free event will be hosted by MOB Shop owners Pasco, Tim Rhone and Greg Prinz, along with Deputy Chris Johnston, the Ojai Police station’s traffic safety expert. Among topics to be included are current bicycle laws — both California state laws and Ojai Municipal Codes — and tips to stay out of harm’s way.

According to a release issued by the Ojai Police Department, traffic laws that bicyclists must follow include: stopping at stop signs and red signal lights, riding on the right side of the road and riding with lighting and/or reflectors at night. In addition, riders 18 and under must wear a helmet, and no one may ride while under the influence of alcohol or drugs.

Arthur and Beauvais said being aware of one another is vital to keeping safe on the road. “Motorcyclists are told to be defensive drivers, but for some reason, many bicyclists think that they have the right to be on the road. They see the signs saying ‘share the road,’ and that’s true,” Arthur said. “But my thing is, who really loses (in a bicycle-vs.-vehicle accident)? … Even if the car was at fault, who cares, you’re going to be hurt.”

Avid cyclist and former City Councilwoman Suza Francina pointed out that it’s not just the bicycle riders who are the problem. “Just yesterday I was driving into town from the East End, and there was a cyclist on the bridge (near Boardman Road),” she said. “I didn’t want to pass him, because there was a lot of traffic, but the car behind me honked at me to speed up. He was totally oblivious to the cyclist.”

Francina acknowledged, however, the flip side of that coin. “Unfortunately, a good percentage of cyclists also seem completely oblivious to the rules of the road — riding on the wrong side of the road … ignoring stop signs, or they don’t signal. It makes me kind of embarrassed for the rest of us (cyclists).”

Visit www.facebook.com/themobshop for more information, or call 272-8102.

Hannah Hassien, a member of the Chief Peak 4H club, holds 22-day old piglet Turbo.

April 9, 2013
Angelique LaCour, OVN correspondent

Most Ojai Valley students returned to school this week following spring break. But for 4-H Club members participating in the Ventura County Fair in August, there is no time off. They’re kept busy daily being caretakers for chickens, turkeys, rabbits, goats, sheep, pigs, cows and horses.

The Ventura County 4-H Youth Development Program, started in the early 1900s, takes a “learn-by-doing” approach and offers a wide array of activities for its members.

“4-H is definitely not just about animals,” said Chief Peak 4-HClub president, 14-year-old Hannah Hassien. “Our group is the only one in the county that offers a rifle project. At our meetings, we learn all the parts of the rifle, how to use it and we go to a shooting range in Ventura.”

Citrus Valley 4-H Club offers a leadership development project to teach organizational skills. Mikayla Miles, 14, is part of the club’s leadership team. “We have to keep everybody organized and get their paperwork turned in on time for the fair, and get their animals tagged, weighed in, and into the pens.”

Citrus Valley president Savanna Stanley, one of only two 4-H All-Stars in the county, heads her club’s leadership team. She recruited two members, Samuel Hoyt, 10, and Remington Martin, 15, to be co-sergeants-at-arms for their club.

“My job is to keep everyone under control at meetings so they pay attention, and I have a gavel to bang when they get too loud,” Hoyt said. Martin admitted, “This position gives me power, and I like keeping everybody focused so they know what’s going on.”

Sarah Poland, 14, is in her fourth year in Mira Monte’s 4-H Club. She has raised pigs each year, and will try raising a turkey this year. Poland’s mom, Sue, is the club’s enrollment specialist, and handles the paperwork for new members. The club has 40 members and 15 adult leaders.

Mira Monte’s Club isn’t the only one that gets multiple family members involved. “We have 12 kids raising turkeys for market this year,” said Deborah Hoyt, poultry leader for Citrus Valley. “But for those who prefer to raise pets to show, all birds, including peacocks, are eligible.”

Last year, Hoyt’s son, Sam, took first place with his bird, because he was able to answer senior-level questions as a novice. Member Wyatt Fuchs, 15, has been raising market swine for five years and is thinking of raising a turkey this year — “If I can get the coop built,” he said.

Adult leadership is key to a successful club. “We have doubled in size to 60 members, and that’s because we have 20 certified adult leaders,” said Monica Stanley, Citrus Valley Club leader. “We do a lot of fun local activities in addition to field trips, like bowling, ice skating and trampolines. Last year, we did the ropes course at the Ojai Foundation in Upper Ojai.”

Norm Plott, leader of the Mira Monte Club, attributes the club’s success to the Ojai business community. “When our kids send a letter to businesses asking for help, the response has always been wonderful,” he said. Rabobank helps by advancing funds to kids to purchase their animals, which the kids pay back when the animal is sold at the 4-H auction at the fair. The Woods-Claeyssens Foundation is the top buyer at the auction, and donates all of the animals to Food Share in Ventura.

Breeder Italo De Los Reyes grew up on a large cattle ranch in Peru, and has been involved with 4-H for 29 years. He serves the Ojai Valley 4-H clubs as an animal specialist and offers birthing training to 4-H families.

According to the Institute for Applied Research in Youth Development at Tufts University, kids involved in 4-H are two times more likely to get better grades and to go to college. The same study found that 4-H kids are 41 percent less likely to engage in risky behaviors and 25 percent more likely to positively contribute to their families and communities. “And in 4-H kids are 100 percent guaranteed to have a lot of fun,” added Savanna Stanley.

For more information about the Ojai Valley 4-H clubs, visit http://ceventura.ucanr.edu/Youth_Development/4-H/Clubs/Ojai/ or call the Ventura County 4-H office at 645-1474.

Tuesday, the Ventura County Superior Court trial for 56-year-old Scott Doornbos, who is accused of attacking an Ojai veterinarian Feb. 23, 2012, was postponed until June 4.

Doornbos, of Oak View, allegedly assaulted Dr. Steve Sallan after learning his 5-year-old dog died while in the hospital’s care.

Doornbos faces three felony offenses, including battery, assault and making terrorist threats.

He pleaded not guilty to the charges at his arraignment in September.

For the second time, the preliminary hearing for 37-year-old Amber Workman, 37, has been rescheduled.

The next hearing date is scheduled for April 30 in the Ventura County Superior Court.

Workman was charged last year with allegedly embezzling $35,000 from the Ojai Eagles Youth Football League between January 2007 and December 2009.

The April 30 hearing will be held to determine whether she will stand trial on the charges.

She pleaded not guilty during her arraignment in November.

April 8, 2013
Kimberly Rivers, OVN correspondent

Tomorrow (Tuesday) at 2 p.m., the Ventura County Board of Supervisors will hear a report and presentation from the Ventura County CEO’s office on hydraulic fracturing. The public is welcome and encouraged to attend the meeting at the Ventura County Government Center’s Administration Building, 800 S. Victoria Ave. in Ventura.

Hydraulic fracturing, also called fracking, involves blasting water, sand and chemicals into deep underground rock formations to crack them and allow oil and gas to flow out. Fracking is unregulated in California, and Ventura County’s Planning Department does not require disclosure of fracking in its permitting process.

Part of the CEO office report indicates that the county is unable to place regulations on fracking. However, Santa Barbara County passed fracking regulations after three wells were fracked without disclosure, even to the property owner.

Across the nation, communities and states have developed rules regarding fracking. Some have placed temporary moratoriums on the process or have banned it entirely. California has discussed draft regulations, and is preparing to enter the official rule-making process. Regulations are expected to be in place in about one and a half years. Until regulations are passed at the state level, or locally in Ventura County, companies do not have to report whether they frack a well, or what chemicals they use.

Ventura County’s current report identifies some wells in the area that have been fracked and also includes a map of county aquifers and the Monterey Shale — the deep rock formation that is fractured during the process to release the oil and gas that is unobtainable by conventional methods.

“That map is irrelevant and ridiculous,” said Dr. Tom Williams of the Sierra Club of California, who holds a doctorate in geology and has worked for over 15 different oil and gas companies all over the world. “It shows only the surface outcrops; no one drills the Monterey (shale) on the surface outcrops and it does not show the underlying Monterey Formations beneath the aquifers. (It also fails to show) all the faults through the Monterey.”

Williams mentioned that the map needs to show every fault, as “they can provide pathways from the Monterey Shale up into the lower reaches of the aquifers, (causing) contamination, especially from boron, which will rise up through the deeper aquifers; and by the time they find it in the well water, it could take years to stop the sources (of contamination) and remove it.”

Visit http://maps.conservation.ca.gov/doms/index.html to view all of the oil and gas wells and injection wells through out Ventura County

Visit http://bosagenda.countyofventura.org/sirepub/agdocs.aspx?doctype=agenda&itemid=53937 to view the County CEO report that will be presented at the hearing Tuesday.

Visit http://www.conservation.ca.gov/dog/Pages/Index.aspx to view the Division of Oil, Gas & Geothermal Resources discussion draft regulations.

April 4, 2013
Chris T. Wilson OVN correspondent

When a swarm of honeybees formed a basketball-sized clump in an oak tree Wednesday at the Lake Casitas Recreation Area campground, a camper from Oxnard snapped a few pictures with his smartphone camera and then reported the swirling, buzzing mass to camp authorities.

Within an hour, Bill Weinerth, of Weinerth and Sons Bee Removal Service in Oxnard, was on the job at Campsite J-11, dressed in his beekeeper suit, wielding a 12-foot PVC pipe attached to a shop-style vacuum cleaner. Moments later the bulk of the swarm was sucked alive and well into the vacuum tank. When possible, Weinerth relocates the bees into hive boxes he keeps in Ventura.

“I’m on my second call of the day, and this is the second time I’ve been here at Lake Casitas in the past two weeks,” Weinerth says over the hum of a gas-powered generator as he gently pokes his vacuum tube at the remaining bees. “I can tell by the way they are milling around up there, that I got the queen.”

For more than 50 years, the 73-year-old Weinerth has been keeping bees. And for the past five years, he and his son, Pete, have been in the bee removal business.

Unlike the death warrant issued for most uninvited picnic pests that can be a nuisance for campers at the lake, honeybees are awarded special relocation treatment in the Casitas Municipal Water District Integrated Pest Management Plan.

“We use bait trap with meat and Friponil to address yellow jackets,” says Ron Merckling, CMWD water conservation manager. “We went from hundreds of bites from yellow jackets to a greatly reduced number of reports of people being stung.”

In the works for more than a year, and approved by the CMWD board of directors in September 2012, the Integrated Pest Management Plan outlines the techniques, products and procedures for handling insects, weeds and rodents.

The plan lists 26 pesticides and herbicides to be used at the Recreation Area and at other Water District locations such as the district offices, water storage tanks, the Robles Dam and the 5.25-mile diversion canal. Among the chemicals listed are the weedkiller RoundUp®, aluminum phosphide fumigant for campground rodent control, and Tomcat Rodent Block® for burrowing rodents that could undermine the integrity of the dam structure and canal.

Merckling points out that the chemicals used are approved by the U.S. Bureau of Reclamation and the plan notes that all chemicals are to be used according to manufacturers’ guidelines and are to be kept in locked facilities when not in use.

There was a fair amount of debate about how to best control rodents in the recreation area, Merckling says. It was decided that fumigation caused the least harm to other animals that prey on rodents targeted by the pest management practice.

Merckling says CMWD spends about $2,500 annually to control weeds and pests in the Recreation Area. Another $4,500 was paid to a pest control company for fumigation in the 2012-2013 season. All told, CMWD budgets another $20,000 annually to control burrowing rodents at the dam and for weed and rodent control at the district offices, pump plants and reservoir tanks.

It is estimated that about 10 gallons of RoundUp® is used in the Recreation Area in a given year for trails and roads, Merckling says. The controversial glyphosate-based herbicide is sprayed to target poison oak and stickers and to help with fire control sometimes, he says. RoundUp®, used by CMWD, is mixed at a 1 percent dilution ratio, Merckling says, adding that RoundUp® is used, in part, to keep roots from impacting the infrastructure of the dam.

Meanwhile back at J Camp, while Weinerth is packing up his gear and preparing to return to Ventura with a vacuum full of bees, he puts in his two cents about the use of herbicides and pesticides.

“I don’t really like to have to use pesticides at all,” Weinerth says. “But from what I understand RoundUp® is pretty safe. But then, I don’t really know for sure.”

To learn more about the CMWD Pest Management Plan, call the district offices at 649-2251.

April 4, 2013
Tiobe Barron, OVN correspondent

The Ojai Valley Land Conservancy (OVLC) is raising funds to purchase the 195-acre Valley View Preserve above Shelf Road. At Tuesday night’s City Council meeting, they’ll ask the city to contribute $45,000 toward the acquisition. It is the largest chunk of undeveloped, private land remaining in the city limits.

OVLC estimates the total cost of the project to be at least $500,000 and claims the purchase will permanently protect the land from development.

“After two years of negotiation, the OVLC recently signed an agreement enabling us to purchase the property,” reads a proposal to the city. “The OVLC is willing to dedicate public trail easements on the property to formalize this commitment.”

The proposal points out that views would be negatively impacted should the area be developed, and cites the city’s crucial help in establishing the Ojai Meadows Preserve. To date, the OVLC has permanently protected roughly 2,000 acres of land in the Ojai Valley.

Also on the agenda Tuesday will be a performance evaluation of city manager Rob Clark, who started in Ojai Feb. 21, 2011. He was one of 63 candidates for the position.

The 2006-2014 Housing Element, as well as the special tax for the acquisition of the Golden State Water Company (GSWC) by Casitas Municipal Water District (CMWD) are also slated for discussion.

The CMWD board of directors voted March 13 to move ahead with the acquisition of GSWC facilities, citing an ability to deliver water at a lower cost than private operators, and an opportunity for customers to participate in the governance of the water system. This movement began in 2011 after GSWC customers and Ojai Friends of Locally Owned Water (F.L.O.W.) approached CMWD outraged over service issues and rising rates. “Ojai F.L.O.W. stated that that the residents of Ojai served by GSW have endured rate increases of over 75 percent since 2008 on top of rates already well above those in surrounding communities,” reads a letter to the CMWD board of directors. “The representatives of Ojai F.L.O.W. expressed extreme frustration with escalating water rates, poor service and the lack of responsiveness by the California Public Utilities Commission.”

For the Housing Element, City Council will review a series of programs, including site designation for a special zoning overlay for affordable housing projects. This hearing comes after the Planning Commission proposed numerous changes to the applicable ordinances at its Feb. 20 public hearing.

In addition to the Tuesday night regular council meeting, members will also hold a special meeting Monday at 6 p.m. to consider rescinding a Conditional Use Permit (C.U.P.) that applies to the Taormina neighborhood, and to place a moratorium on new construction in the area until the C.U.P. is repealed per a petition from property owners there.

Visit www.ci.ojai.ca.us for more information on these and other upcoming municipal issues.

Editor’s Note:

This story was changed April 8, 2013 to correct the hire date of Ojai City Manager Rob Clark.

April 5, 2013
Tim Dewar, publisher@ojaivalleynews.com

Golden state Water Company (GSWC) has fired the latest salvo in its battle with its Ojai ratepayers and the Casitas Municipal Water District (CMWD) — a lawsuit to stop the Aug. 27 bond election.

Filed in the Ventura County Superior Court March 29, the suit asks the court to rule that the three resolutions required to form CMWD Community Facilities District No 2013-1 and hold the election be declared invalid; that the community facilities district (CFD) be dissolved; that the court issue a permanent injunction to CMWD prohibiting it from holding the proposed bond election or from incurring bond indebtedness of any kind to fund a CFD and that CMWD pay GSWC’s costs for the lawsuit.

“We have reviewed Golden State’s lawsuit and believe it has no merit whatsoever,” Casitas General Counsel John Mathews said in a statement released late Wednesday. “Casitas intends to vigorously defend its right to use the well established CFD law to acquire Golden State’s Ojai water utility if that is what the citizens of Ojai wish us to do,” Mathews added.

Jim Word, president of the CMWD board of directors, stated, “The District believes this important decision should be made in public meetings and at the ballot box, not in a courtroom. Golden State’s lawsuit appears to be part of its tactics to intimidate the community to abandon the acquisition so that Golden State can continue to gouge its customers with its grossly excessive water rates.”

“This lawsuit is necessary because Casitas MWD’s plan violates the law,” GSWC wrote in its petition. “The Mello-Roos Act funding mechanism may not, as a matter of law, be used to finance a taking by eminent domain.”

The GSWC petition, however, cites an instance where a CFD had been used to fund an eminent domain takeover. “It appears that the Felton takeover was the only time that the Mello-Roos Act has ever been used to fund a taking by eminent domain … The legality of the Felton takeover scheme was never tested in the courts.”

“After careful review, we believe that the Casitas Municipal Water District’s adopted Mello-Roos parcel tax plan is illegal,” opined Denise L. Kruger, GSWC’s senior vice president, regulated utilities. “The Mello-Roos Act is clear and does not authorize financing for an eminent domain takeover of existing facilities that are already devoted to public use.   We have asked a judge to review the law and rule promptly to protect Ojai residents from facing expensive and annually increasing Mello-Roos taxes levied through a recurring property lien.”

Both the city of Ojai and CMWD have hired attorney Jeff Oderman as their bond counsel in this case. Oderman also represented the city of Felton during its successful eminent domain efforts against California American Water, a subsidiary of RWE, a Germany-based corporation.

Oderman said the basic contention of GSWC’s suit is flawed because CFD’s often must acquire offsite rights-of-way through eminent domain and bond funding is the mechanism used for those purchases.

The Ojai Valley News spoke with several attorneys familiar with eminent domain and Mello-Roos requirements. Although none would comment about the specifics of this case, they were not aware of instances where a CFD had been used to fund an eminent domain buyout. Neither, however, could they cite a case where it had been prohibited.

CMWD has 30 days from the date of the filing to respond to the summons. The case is currently assigned to judge Mark Borrell. A hearing date has not yet been set for the case.

April 2, 2013
Misty Volaski, editor@ojaivalleynews.com

Easter Sunday was not a day of celebration for two Ojai Valley families after a late-morning traffic collision sent a mother, her two children and a 58-year-old man to the hospital with serious injuries.

The head-on collision occurred south of the intersection of North Ventura Avenue and East Villanova Road at approximately 10:50 a.m. Sunday, according to the Ojai Police Department.

Oak View resident Melanie Hall-Mounsey, 33, was southbound on North Ventura Avenue with her two children when police say she veered into the northbound lane and collided with a vehicle driven by Larry Manchel of Meiners Oaks.

Hall-Mounsey and one child were listed in critical condition; Manchel and the other child were listed as stable Sunday evening. As of press time, there was no update available on the victims’ conditions, and investigators are still working to determine the cause of the accident.

Traffic was diverted for several hours from North Ventura Avenue onto Villanova Road as sheriff deputies, paramedics and the Ventura County Fire Department worked at the scene. The Ojai Police Department called in Deputy Mike Berg, an accident investigator and reconstruction specialist with the Thousand Oaks Police Department (TOPD). “He’s the best in the county,” said Ojai Senior Deputy Ed Beauvais, explaining why Berg was called in. “That’s what he does, is major crashes. We’re fortunate to have them (Berg and TOPD) as an additional resource that we can call in.”

“The incident is still under investigation,” Berg reiterated.

The Ojai Police Department is requesting that anyone with any information about the accident call the TOPD at 494-8271.

(photo by Christen Minnick)
Jessica Altman-Pollack (center) and her wife, Loretta, take a walk with their son, Shaya, and their goat.

April 2, 2013
Tiobe Barron, OVN correspondent

This is the first in a series investigating the impact of Proposition 8 on the Ojai Valley community.

While the U.S. Supreme Court determines whether to uphold or overturn Proposition 8 —- the voter initiative passed Nov. 5, 2008 banning same-sex marriage in California — many are watching closely. Some Ojai residents, however, have been awaiting this moment for years.

“We just want equal footing with our neighbors,” explains Ojai resident Jessica Altman-Pollack. “I grew up with the founding fathers’ statement ‘All men are created equal.’ But with this kind of discrimination (via Proposition 8), who is equal? Why can some marry, and others not? And who decides?”

Altman-Pollack and her wife, Loretta, were both born and raised in Ventura County. They met in 2001 while attending California State University-Northridge, eventually moving to Ojai in June 2010.

“We had always known about it (Ojai), and we felt it is a wonderful place to raise a family. We are major animal lovers. We actually have a bit of a farm,” says Altman-Pollack.

The couple had a commitment ceremony in a Ventura synagogue Aug. 11, 2007.

“We went all-out,” says Altman-Pollack. “We spent thousands of dollars, invited hundreds of people.”

Thanks to a California Supreme Court decision allowing same-sex couples to marry in the state beginning June 16, 2008, the Altman-Pollacks decided to celebrate their anniversary by making their union legal.

“It was the same location, but small and intimate. It was wonderful,” Altman-Pollack recounts.

When Proposition 8 passed a few months later, she says it was “extremely disheartening” news. The couple is still legally married — Proposition 8 was not retroactive — but, Altman-Pollack says, “It was a blow to us, to our family and friends. It was definitely not a way to celebrate … Although we are legally married, it is hard to feel like we are, when so many we know cannot get married — our family, friends, community. It makes us feel like we’re not quite there, like it’s limbo for us. Like heterosexual couples have rights, but we don’t. And because of the federal laws, tax season is ridiculously confusing for us.”

Taxes and paperwork are just the beginning of the headaches facing same-sex couples, however.

“When my partner of six years died of AIDS in 1990,” says Ventura resident Doug Halter, “Social Security would not forward me the benefits. If we had been married, it would have been entirely different … The financial side has so little to do with it. It’s just the feeling of being a second-class citizen because of who you love. At a point when you are just trying to survive, the last thing you want is the government to pass judgment on who you are, who you love.”

Halter, who has lived with AIDS himself for 31 years, recalls numerous friends unable to visit their ailing partners in the hospital, or others whose partners’ families took deceased partner’s possessions, because these partnerships were considered invalid in the eyes of the law.

But amidst the horror of the AIDS epidemic that came to the forefront in the 1980s, Halter still finds a silver lining.

“AIDS pretty much outed us,” says Halter. “Without it, we probably would not have been as visible. It took away a lot of fear of who we might be. And in being vocal, open, we created role models. You know, you hear these stories of teenagers committing suicide because they are gay and being bullied. A lot of us who grew up in the ’70s and ’80s would be lying if we said we didn’t contemplate it.”

Halter remembers the pressure of being a gay teenager. “I had a girlfriend until I was 21 in college, but I knew at the age of 14 that the names we called each other on the playground was actually me,” Halter says. “Up to then, I didn’t tell anyone. I made deals with God. I went to bed every night hoping I would wake up feeling different.”

Once he was “out,” Halter says he found great freedom in the process —- and in being part of the gay community. He posits that this freedom of expression is precisely why this demographic counts so many artists among its members.

“There is not a lot of pretense (in the gay community). It’s just people being who they are. There is something inspiring about that,” he says.

Halter moved to Ventura 30 years ago, when he was attending the University California at Santa Barbara. He has been active in the community, often giving talks to current college students. He is currently in a 19-year committed relationship and runs a landscaping business.

When it comes to Proposition 8, Halter says he was shocked by his own reaction; but for him, it comes down to equality. “I come from a divorced family, like most of America. I don’t really believe in marriage. I’m somewhat cynical, I guess,” explains Halter. “But I was amazed when Prop. 8 passed, because I don’t think we have ever voted in California to take people’s rights away. We’re usually more progressive. It was a monumental shift, and extremely hurtful … And now these people are voting on whether I get the same rights as my father, who has been married four times, or Rush Limbaugh or Elizabeth Taylor. I don’t feel that the state really has the ability to sanctify union between individuals, but laws should be applied equally.”

Altman-Pollack shares Halter’s hope for equality.

“We have a son who is 2. We would love for him to grow up knowing we’re equal, for this to be something he reads about in history books, not have to drag him to protests,” says Altman-Pollack. “We’re a normal family just trying to live our lives. We want our marriage to be considered legal. We’ve been together 12 years. It is important to us; we have made it something that is important to us. We want the world to recognize us the same as anyone else.”

“For me, overturning Prop. 8 and DOMA would be a reassuring moment that this is the greatest nation, a place of equality for all, that goodness and right prevail,” says Halter. “If they don’t get overturned, I know we will eventually overcome. We’re on the right side of history. We’ll just have a lot more work to do, more educating. All the polls show we are one generation away from total equality. The sooner we get there, the prouder I’ll be to be American. Just know we are all trying to be the best people we can, in our own eyes, and in the eyes of the God we believe in. We are all part of the same community … I hope we should all have it inside us to love all people, period. I can honestly say, after all the tragedy I have been through, I truly appreciate every day I get to live, and I love everyone, regardless of their politics.”

March 28, 2013
Kimberly Rivers, OVN correspondent

Few would dispute that Ojai has its share of water issues. But should the valley expect more water woes from increased oil and gas activity and the potential impacts of hydraulic fracturing (also known as fracking)?

According to the voluntary reporting site www.fracfocus.org, 13 wells have been fracked in Ventura County since January 2011. Based on the water volume listed for those wells, 3,679,879 gallons of water were used during the franking process. According to the site, that total could include fresh water, produced water and/or recycled water.

Produced water comes up during drilling and has to be separated from the oil or gas. Fracfocus reports that 99.2 percent of the mixture injected underground during fracking is water; the remaining .79 percent is chemicals. That means 29,071 gallons of chemicals, gellants and other components were used in the 13 wells that were voluntarily reported.

Aera Energy — the largest oil producer in Ventura County, according to its website — did not respond by press-time to requests for information about its water sourcing and the quantity of fresh water it has used in drilling operations.

James Hines of the Sierra Club of Ventura County claims industry sources have disclosed that “60 wells have been fracked in Ventura County alone, along the Ventura River and Rincon. Those areas drain to the ocean. And along Sespe Creek,” said Hines. “With the new permits in Upper Ojai and old wells which can be re-drilled, there is nothing to stop them from fracking (in the valley),” he said. “There are plugged and covered wells in the Casitas watershed area.”

Jason Marshall, chief deputy director at the California Department of Conservation (CDC), said that protecting groundwater quality is one of the primary functions of the Division of Oil, Gas & Geothermal Resources (DOGGR). “The Division protects groundwater by supervising the drilling, operation, maintenance and plugging and abandonment of oil and gas, to ensure they (meet the) state’s strict standards,” Marshall said. “Those standards specifically provide for protection of groundwater resources from hydrocarbon intrusion, and vice-versa.”

When asked how DOGGR ensures that spills or leaks are reported, as is required by law, Marshall said, “No regulatory agency has the resources to watch every operation under its jurisdiction on a 24-7 basis.” He indicated that many levels of government regulate the industry and that “Many groups and individuals who are concerned about the environment also watch the industry’s field operations closely. So there are a lot of eyes in addition to DOGGR’s on statewide oil and gas operations.”

But Jonathan Evans, staff attorney with the Center for Biological Diversity, thinks that’s not enough. “The oil and gas industry has an abysmal record of polluting water resources,” Evans said. “A Kern County farmer, Fred Starrh, has been awarded millions of dollars in damages over oil industry water pollution, and a fracking boom will dramatically increase the risk.”

According to the U.S. Environmental Protection Agency (EPA), a source of groundwater in Fillmore is contaminated with the carcinogen benzene. The EPA has designated it a “superfund site,” and is requiring the current owner, Chevron, to clean the benzene from the water and the excessive amounts of lead from the soil. According to a report on the EPA’s website, the contamination occurred as a result of “(Oil) refinery wastes deposited into unlined waste pits,” from 1920 to 1952. However, the EPA reports that “Drinking water wells have not been impacted by contamination,” even though “10,000 people obtain drinking water … (and) 4,000 acres of agricultural land are irrigated from wells within three miles of the site.” The clean-up of that site is ongoing.

In 2011, according to Los Padres ForestWatch (LPFW), a spill at an oil field released “630 gallons of oil and 25,700 gallons of chemical-laden wastewater” into Four Forks Creek, which feeds Sespe Creek and is located north of Fillmore.

“More than 1,000 cases of water contamination associated with fracking have been documented in other states,” said the CDC’s Evans. “Places like Dimock, Pennsylvania, and Pavillion, Wyoming, had vital groundwater supplies contaminated by oil and gas operations and fracking. Here in California, the EPA has criticized state officials for not doing enough to protect water supplies from oil industry pollution. We shouldn’t allow our scarce water supplies to be polluted with toxic fracking chemicals.”

“The Casitas watershed is one of the most pristine, in terms of water quality of surface water. No other sources compares for quality and price,” said Ron Merckling, water conservation and public affairs manager for Casitas Municipal Water District. “We have 11 industrial customers. A few are oil companies. We sell some water to the city of Ventura, which sells to some oil and gas companies in the area. We have seen no increase in industrial use (of water). It is good news that there is very little impact from oil and gas (operations), including fracking, on Lake Casitas. It is one of the greatest sources of surface water that we all get to enjoy,” said Merckling.

Russ Baggerly, board member of both the Ojai Basin Groundwater Management Agency (OBGMA) and Casitas Municipal Water District (CMWD), said, “Lake Casitas is at 70.8 percent full.” But he doesn’t find that worrisome. “If we go another two years without significant rainfall, that would be a problem. In its history, Lake Casitas has never dropped below 50 percent full. We are still OK. We’re not nervous yet.”

When asked about whether an oil company can use all the water under any property it owns, Baggerly said, “All water in California belongs to the people, held in trust by the state. A property owner has correlative rights to use the water under their property, but cannot use water (in amounts that would decrease) their neighbors’ use,” Baggerly explained. “A neighbor would know right away if their well was being infringed upon.” Baggerly confirmed the OBGMA has seen no increase in demand from industrial water users.

“Any oil operation in the Casitas watershed has the potential to be a disaster for the water supply,” said Hines. “That is a pretty big gamble.”

Visit the DOGGR onling mapping system (DOMS) to see where there are active and plugged wells in the Ojai Valley: http://maps.conservation.ca.gov/doms/doms-app.html.

March 28, 2013
Kit Stolz, OVN correspondent

Downpours that saturate the ground, start streams running and fill reservoirs have gone missing this year, and much of last year, in the Ojai Valley. Instead, the area has seen only light rains, a development which surprised even meteorologists at the National Weather Service (NWS).

“A lot of the storms this year looked better in the computer models 10 days out than what they gave us when they arrived,” said Kathy Hoxsie, a meteorologist at the Oxnard station. “We tend to use the gauges in downtown L.A. as our benchmark for rainfall in Southern California, and this year we have not had a single 24-hour period in which we recorded an inch or more of rain.”

Scott Holder, a hydrologist who keeps an eye on rainfall and run-off for the Ventura County Watershed Protection District, (VCWPD) agreed.

“The big thing about this year is that what rains we have had have all been light,” he said. “We haven’t had a storm with a moderate or heavy rainfall this year.”

VCWPD’s rain records show that Ojai has had about 40 percent of the normal accumulation of precipitation so far this “water year” (which begins with the onset of the rainy season in September). Last year was also dry, totaling 11.35 inches of rain, or about 53 percent of normal, in Ojai, according to VCWPD records.

“It’s not the driest year on record, but what’s unusual is the precipitation and rain we have had has been extremely light,” Holder said. “I’ve been characterizing this year as not so much a storm watch as a drizzle-watch.”

Holder said it’s still possible that a good storm could change the trend, but prospects are fading.

“We’re getting to the end of rainy season,” he said. “There’s still the chance we could see a significant storm even into May but the chances are rapidly decreasing. It’s possible but not probable.”

Last year a late storm in May raised total rainfall numbers slightly, but did little to help boost critical fuel moisture levels in vegetation, according to Brendan Ripley, a fire and fuels expert with the Ventura County Fire Department (VCFD). By May last year, native plants in the region begin to protect themselves against the six-month-long “seasonal drought” of summer in Southern California, and so they were not able to take up much water even when it did rain.

This year, Ripley and the VCFD officials are expressing concern about a drought that is developing in California and the Southwest.

“Basically we’re looking at a drought that is developing for all of California, from the northern portion of the state to the southern,” Ripley said. “The central portion of the state has already been in a persistent and intensifying drought. For a long time the coastal region has been excluded from that, but now we’re beginning to slide into drought development as well.”

Ripley said fire officials were also alarmed by an anomalous heat wave that developed in mid-January, with strong Santa Ana winds, conditions that easily could have led to a dangerous, fast-moving fire.

“We had 10 days of very dry conditions, with a long-term Santa Ana condition, and above-normal heat that dried out the fuel component that is always going to be there,” he said. “Plus earlier we had had cold conditions and freezing temperatures and that adds to the dead fuel component. We kind of dodged a bullet with that one.”

Ripley pointed to low rainfall totals for the last two years, which he said will be echoed in very low moisture levels in fuel on the ground.

“Even at Matilija Dam we have only about 50 percent of normal (rainfall),” he said, “and that’s one of the wettest places in the county. The reduction in rainfall we’ve gotten over the past two years means we just haven’t gotten the moisture we need to help offset the potential for fire danger.”

Mike Lindberry, a spokesperson for the department, reminded residents of the importance of clearing a defensible space of 100 feet around homes by June 1, even for homes in town.

“What we really want to emphasize is that it’s not just the houses that are in the urban-wildlife zone, or stand-alone houses in a wildland area, that need to prepare for fire,” he said. “Embers can carry up to a mile on the wind.”

A popular program run by the C.R.E.W. in Ojai last year helped seniors on fixed incomes prepare for the fire season, by clearing fire breaks around several mobile home parks, and offering some clearance for individual home owners as well. Executive director Wally McCall said that that state and corporate grants for that program had been exhausted.

“Interest in the program remains high, but finances are low,” he said. “But it’s still a functional program, and every once in a while I’ll get a small grant to help fund senior citizen requests for help with clearance.”

Call the C.R.E.W. at 649-8847 for more information.

March 28, 2103
Tim Dewar, publisher@ojaivalleynews.com

Although a recent U.S. Court of Appeals decision shut the door on Casitas Municipal Water District’s (CMWD) efforts to get compensated for water it must release to operate a federally mandated fish ladder, it didn’t slam the door and lock it.
The CMWD board of directors voted Tuesday 4-0 — Director Pete Kaiser was not at the meeting — to not pursue the matter further, according to CMWD General Manager Steve Wickstrum. He added that the court decision does, however, leave open the possibility of further action if water levels begin to fall.
On Jan. 26, 2005, CMWD filed suit in the U.S. Court of Federal Claims asserting that the federal government had violated the Fifth Amendment by taking its property without compensation. The suit stems from the 1997 listing of the West Coast steelhead trout as an endangered species and the subsequent need to build a fish ladder at the Robles Diversion Dam.
The completion of the fish ladder, in December 2004, meant the District had to begin diverting approximately 3,500 acre-feet of water each year in order for the ladder to operate properly.
Filed the following month, the lawsuit sought reimbursement of the $9.5 million it spent building the fish ladder and for the water it loses each year.
“The decision was essentially that we are not going to take any additional action at this point,” Wickstrum said of Tuesday’s vote.
Since 2005 when the District began considering legal remedies, it has paid legal fees to the law firm of Marzulla and Marzulla and other expenses totaling $890,939.31, Wickstrum said. The latest appeal cost the District $6,000, he added. “The way the contract was structured kept our costs down and put most of the risk on Marzulla,” Wiskstrum stated.
What did the District get for its trouble? According to Wickstrum, they have an answer to the question of whether the “taking” of water to operate the fish ladder is wrong. “The answer was yes,” Wickstrum explained. “The one part that wasn’t answered was whether we were damaged and what that damage was.”
This question is the one that leaves the door open to further action down the road.
In the recent appeal, the court reaffirmed that the taking claim could only be applied if Casitas could show that the operation of the fish ladder resulted in a reduction of “beneficial use” of the water to which it was entitled. In this case, the court asserted that this meant water that was actually delivered to customers rather than water stored in the lake for possible future use.
The government argued that the District’s contract with the Bureau of Reclamation provided for the “beneficial use” of up to 28,500 acre-feet per year and Casitas had used, on average, only 17,543 acre-feet per year over the past 40 years. This leaves the District 7,450 acre-feet to deliver before the diverted amount would be a factor.
The court left open the option for the District to refile the case if the amount available to customers were reduced in future years because of the need to operate the fish ladder.
“We looked at the storage capacity of the lake and decided that this was a question we wanted an answer to now rather than wait for everybody to not have water in their taps,” Wickstrum added. “They (the court) would rather have someone injured first and be able to see the damage before they make a ruling. At that point, they are looking at recuperation of damages, but the judge recognizes that we, as a district, are trying to manage this and not run out of water.”
So while there are no further plans to move on the issue, Wickstrum acknowledged that this could change if the water loss became more of a problem. “It’s a chapter and we will see if any more volumes get written to that in the future.”

March 26, 2013
Tiobe Barron, OVN correspondent

Just when you thought the 2006-2014 state-mandated Housing Element was almost completed — Ojai’s City Council is expected to finish with that in April — another one is fast approaching.

The Council and city staff have begun preparing Ojai’s 2014-22 Housing Element. The newer Housing Element will replace the current one, and must be submitted to the state of California this summer.

“This last Housing Element is only in effect for a short time, after which it sits on the shelf for informational purposes,” explained community development director Rob Mullane. “The Planning Commission is looking forward to this, because we get to revisit the issues that caused our community heartburn; for example, the three stories allowance.”

According to the Southern California Association of Governments (SCAG) website, “California State Housing Element Law enacted in 1980 requires SCAG and other regional councils of government in California to determine the existing and projected regional housing needs for persons at all income levels … State legislation and the Regional Housing Needs Assessment process are intended to address housing needs for projected state population and household growth.”

“The most important thing is to be plugged into the (Regional Housing Needs Assessment) RHNA numbers,” says Mullane. “Last cycle we were allocated about 200 units. This cycle we had 433 units. The main reason is the previous staff was not involved with the process at the state level, or with SCAG, so we got a bigger allocation than makes sense for our community. The RHNA allocation changes each cycle. If you’re involved, it is possible you don’t have to do a Special Housing overlay (an added layer of zoning that allows developers to build residential units in non-residential zones). There are all these other programs and strategies that accommodate units. This cycle we were allocated 177 units for the overlay, but that number could have been zero or extremely low, if we had started with low RHNA numbers.”

While the Housing Element encompasses numerous programs, including a form of rent control in which municipalities can purchase apartments with state and/or federal funding and rent them out for less than market value, a program Ojai missed in the most recent cycle.

There are also programs that offer amnesty for second units built without proper permits, mortgage assistance and expanding the Village Mixed Use zone to allow for residential units above or adjacent to commercial units, among others. Perhaps the most contentious program has been the Special Housing Overlay District, which has elicited numerous comments from the public, both from those wishing to have the added residential development zoning applied to their properties, and those who decry the types of development it potentially allows. Having the overlay applied to ones property entitles the owner to develop up to 20 residential units per acre, as well as being exempt from completing a California Environmental Quality Act document. Mullane maintains, however, that any development in Ojai must still adhere to guidelines set forth in the city’s General Plan, as well as complete other environmental studies.

“Especially through the design review process you can get projects that reflect community values. You can shape development. That is why Oxnard, and lately Ventura built tall buildings, but not Ojai,” assures Mullane. “In Santa Barbara, we took a tour of some of their affordable housing projects, and they are nice-looking buildings, apparently they are often confused with hotels, because the design review process is very stringent there. That has a huge impact on how projects come forward. There are ways you get community character plugged into development. The State doesn’t interfere with other General Plan components.”

While the State sets no specific percentage of units that must be affordable for development projects under the SPL overlay, Ojai Planning Commission, after hearing concerns from Ojai residents like Bill Miley and others, determined at its March 6 public hearing that Council should consider requiring 65 percent of proposed units be affordable to qualify for development under the SPL overlay.

Council will hear and discuss this recommendation April 9 at its regular meeting, at 7 p.m. at 401 S. Ventura St. in Ojai.

Visit www.ci.ojai.ca.us for more information.

March 26, 2013
Misty Volaski, editor@ojaivalleynews.com

A string of burglaries that took place in Ventura Friday may be connected to another in the 100 block of Willey Street in Oak View, according to the Ventura County Sheriff’s Department.

Starting at Ralph’s (grocery store on Telephone Road) at about 7:30 a.m. last Friday, the suspects allegedly stole several toiletry items before fleeing after being confronted by store employees, said Detective Mike Harris of the Ojai Police Department. They then “Went around to at least four different (Ventura) residences. Following that they then came up to the Ojai area,” Harris added.

A watchful resident on Willey Street called police after seeing “suspicious” people driving around the neighborhood in a blue vehicle. “The (victim) had just left her house,” said Harris. “They (the suspects) may have seen her leave, and thought, ‘Oh, let’s try that (house).’”

Because of the neighbor’s call to police, Ojai Capt. Dave Kenney said Ojai police arrested four suspects. “It’s like the old adage, ‘If you see something, say something,’” said Harris. “Call us, we’ll be happy to go check it out.”

Harris said police were able to return 90 percent of the stolen items to the victim.

It is unknown whether the Willey Street and Ventura incidents have any connection to a Foothill Road home burglary, which police say took place between 10 a.m. and 1:30 p.m. March 14. There are no suspects so far in that burglary, although police hope to gather forensic information from evidence left at the scene.

Ojai police said there has been “an upswing in daytime break-ins,” adding that many criminals are simply looking for homes and structures that present the easiest opportunities. Unlocked doors and windows during the daytime — when most people are away at work — makes for an easy target, said Harris. “They’ll knock on the front door, ring the bell and if nobody’s home, they’ll go around back and go in from there.” Some more sophisticated crooks have cut the power to the victim’s home in an effort to avoid a possible alarm system, although that is not as common, Harris said.

He urged residents to take simple measures to avoid being victimized. “It’s certainly preventable — the ones we’ve been having lately were (due to) unlocked windows and doors — so it’s preventable in that regard,” said Harris. “Any means you can to do slow down the (would-be criminals), to make it more difficult, to make them get on their way, is good.” He added that crooks will often avoid residences where dogs are present and barking.

When calling police to report suspicious circumstances, more information is better, according to Ojai police. “Giving a description of a car is helpful … but giving us the license plate — license plates are golden to us. They give us something solid to go off of,” said Harris.

Locals are urged to call 911 if they see any person or circumstances that seem suspicious. “If it doesn’t seem right, call,” Harris said.

March 25, 2013
Monica Lara, OVN correspondent

Two Los Angeles residents have been arrested for tying up, beating and robbing an Ojai man in his Sulphur Mountain Road home March 4.

The victim, whose name is not being released, reportedly was knocked unconscious during the crime. After regaining consciousness and freeing himself, the victim was able to call for help according to reports from the Ventura County Sheriff’s Gang Unit.

Sheriff’s deputies from Ventura County’s major crimes unit first responded to the home invasion robbery. During their initial investigation, they requested assistance from the Sheriff’s gang unit to help.

Despite his injuries, the victim was able to identify one of his attackers, Foote said.

The victim suffered multiple injuries including facial fractures and lacerations to his head. He spent several days in the intensive care unit at Ventura County Medical Center.

“He is doing better and is out of the hospital,” said Ventura County Sheriff’s detective Jarrod Foote.

Some of the victim’s property, including a shotgun, has been recovered. Foote said one of the suspects had the weapon with him during his arrest. Other items have been found in Los Angeles area pawnshops.

Search warrants were served for the homes of two Los Angeles suspects.

Shavon Oboh, 20, of Los Angeles, was arrested March 15.

Oboh is suspected of being in a criminal street gang, according to Foote. A .357 caliber handgun, cash and narcotics were found at Oboh’s home during his arrest, Foote noted. The handgun had been reported stolen in Los Angeles.

Oboh is currently in custody at the Ventura County ‘s mail jail with a $750,000 bond amount. He has been charged with four felony offenses including false imprisonment by violence, grand theft with a firearm, battery with serious bodily injury, and first-degree residential robbery.

Oboh pleaded not guilty to all counts and denied all allegations. He is scheduled to appear at a preliminary examination at the Ventura County Superior Court April 2.

A 19-year-old female suspect, Hallye Wright of Los Angeles, was arrested March 8, according to Foote. Wright has been charged with three felony offenses including first-degree residential robbery, false imprisonment by violence and battery with serious bodily injury. Wright pleaded not guilty to all counts and is scheduled to appear April 10 in Ventura County Superior Court for an early disposition hearing. She is being held at the county’s women jail facility on Todd Roadon a bond amount of $250,000.

“It’s pretty cut and dry,” Foote said. “All suspects have been caught and arrested.”

March 22, 2013
Tim Dewar, publisher@ojaivalleynews.com

Ratepayers with Golden State Water Company (GSWC) are one step closer to learning whether they will be charged more or less for water they have already used in 2013 and the new rates they will pay over the next two and a half years.

Administrative Law Judge Richard Smith released a proposed settlement ruling Tuesday that, among other things, sets GSWC’s rates through 2015. Since Jan. 1, Ojai water customers have been paying interim rates pending this decision.

The proposed agreement also includes a provision requiring GSWC to conduct customer service satisfaction and affordability surveys. The agreement must now go to the California Public Utilities Commission for a final ruling. A decision is not expected before April.

If the CPUC adopts the agreement, rates will go up for some in Ojai, but some low-volume users will end up paying less in 2013. Either way, ratepayers will see an adjustment in a future bill to make up the difference.

Residential customers with a five-eights-inch meter who use 1,2oo cubic feet* of water per month are paying $73.41 for water at present rates. That would go down under the agreement to $70.59, a savings of $2.82. These numbers are only for water used and do not include other charges such as the meter charge or CPUC funding fee.

Those using 2,500 cubic feet* of water per month are paying $124.19 at present and will pay $126.38, or $2.19 more, while those using 4,000 cubic feet* are paying $188.46 and would pay $201.18 under the agreement.

In Ojai, the tier 1 cutoff for residential customers will increase from 500 to 1,200 cubic feet* per monthly billing cycle and tier 2 levels will include amounts from 1,400 cubic feet to 2,500 cubic feet.* This change will also help some low-volume users save.

In its July 21, 2011 rate change request, GSWC sought to increase rates systemwide by $58,053,200 or 21.4 percent in 2013. This decision, however, would authorize GSWC to collect $314.6 million — a 16 percent increase over the 2013 interim rates — from its ratepayers statewide.

For 2014, GSWC received the $8,926,200, 2.7 percent increase over the 2013 rates it requested. The $10,819,600, 3.2 percent increase GSWC requested for 2015 was cut to a 1.8 percent increase over the 2014 rates in the agreement.

Adjusted rates will take effect Jan. 1 in both 2014 and 2015.

While the 2013 rates will likely go down for the average residential tier one customer in Ojai, similar ratepayers in other GSWC service areas aren’t as lucky. Simi Valley ratepayers will likely see a 26 percent jump in their bills and Los Osos and Arden Cordova customers can count on an 18.7 and 18.6 increase respectively.

Public participation hearings were held by the CPUC in November and December 2011 and in February and March 2012. Ojai’s hearing was held Feb. 27, 2012.

Protests to the application were filed by the town of Apple Valley, the cities of Claremont, Ojai, San Dimas and the Division of Ratepayer Advocates (DRA).

According to the decision, more than 2,100 attended the hearings and more than 450 individuals, including many state, county and local officials, spoke. Most opposed the application and none supported it, the decision explained. Almost half of those who spoke complained that, after several rate increases in recent years, Golden State’s rates were no longer reasonable or affordable.

Smith’s decision also said the CPUC received thousands of letters and emails from GSWC customers, and written communications from many public officials concerning the application. None supported the application.

DRA raised concerns about the relatively high number of customer complaints in Ojai, and recommended that Golden State improve Ojai’s customer service. DRA recommended that the CPUC reduce Ojai rates in the next GRC if Golden State’s customer service in Ojai did not improve.

Due, in part, to the number of complaints, the settlement requires GSWC to implement a customer satisfaction survey program locally, and to consider an affordability study that may be included in the next rate case.

GSWC will have to analyze customer contact investigation reports to identify ongoing customer issues, identify measures to improve customer service and provide progress reports to the CPUC every six months. In addition, GSWC must analyze field investigation reports of customer contacts for the years 2010, 2011, and 2012 to identify any other potential customer issues, submit a report to the CPUC, DRA and The Utility Reform Network on the proposed customer service improvement measures by Nov. 1, 2013, and provide the CPUC annual updates on the status of implementing the customer service improvement measures.

The estimated $50,000 annual cost for the customer survey program will be split equally by GSWC ratepayers and shareholders.

DRA recommended that Golden State also be required to conduct an affordability study to provide information in the next general rate case about the company’s rates relative to other water companies and to help evaluate the adequacy of Golden State’s low income programs.

DRA also wanted the cost of this study to be shared equally between GSWC’s shareholders and ratepayers, however, GSWC countered that the cost of the study should be recovered from ratepayers only, not from its shareholders.

GSWC and DRA must meet prior to the next rate case hearing, scheduled for July 2014, to discuss the preparation of the affordability study. If no agreement can be reached as to the scope or cost of the study, GSWC will not be required to include the study in the next rate case.

“With respect to the administrative law judge’s proposed decision, we are currently reviewing the 272-page document to ensure the proposed decision accurately reflects the settlement agreement,” explained GSWC’s Senior Vice President for Regulated Utilities Denise L. Kruger. “The Commission has yet to act on the proposed decision, and it may adopt all or part of it as written, amend or modify it, or set it aside and prepare its own decision.”

EDITOR’S NOTE:

* This story was changed April 27 at 2:35 p.m. to indicate that usage amounts should have been given as hundred cubic feet.

March 21, 2013
By Kimberly Rivers
A group of about 15 Ojai Valley residents voiced their objections to 11 new oil wells being constructed in an area behind Thomas Aquinas College at the Ventura County Planning Division’s public hearing Thursday morning.
The purpose of the hearing was to address a proposed “minor modification” to a conditional use permit (C.U.P.) originally approved in 1985 for oil and gas operations. According to the application, Mirada Petroleum plans to drill nine new wells and rework two existing wells, all on existing well pads, and using existing infrastructure.
“That is good public process,” said Brian Baca, supervisor of commercial and industrial permits in the county Planning office, following the nearly three-hour hearing. “It is good to have the public interested in what we do.” Baca moderated the hearing, which was aimed at “gathering public comment” to be considered by Kimberly Prillhart, Ventura County’s planning director. She must make her decision within the next 40 days whether or not to approve the application.
“I’m happy that everyone showed up,” said Scott Price, president of Mirada. “It’s an important process. Important for the public to voice their opinion and concerns, and it’s important for the county to hear the voice of the community.”
Speaking about the project and the concerns raised, Price said, “Our project is very small. We are not expanding … we are adding to an area that we are already producing in. And we can’t add more emissions. We have to purchase emissions from what is available. The general public doesn’t know about that. We can’t just keep adding, you have to take away if you are going to add more.” He referred to the State Air Resources Board program called cap-and-trade, aimed at curbing green house gas emissions. The board distributes “allowances” to certain industries, based on a capped amount which declines over time. The allowances are “tradable permits” which are bought and sold within an industry.
In a letter obtained by OVN, residents joined together on the record, asking the planning director not to approve Mirada’s application because aspects of their operations have been in violation of the original C.U.P. granted in 1985, and because the County Planning office has failed to comply with county requirements regarding the review of the application.
These alleged violations include truck traffic on Koenigstein Road, failure to comply with managing dust on the roadways, tanks larger than what was permitted, property owners not properly notified, and because the application is “inconsistent with the Ventura County General Plan and the Ventura County Non-Coastal Zoning Ordinance (NCZO).” One of the reasons it is in violation of the NCZO, the letter claims, is because Mirada “has yet to provide the Planning Division information … for controlling oil spills.” The letter charges that the Planning office, by not requiring a spill prevention plan to be included in the application, has failed to “review and analyze the application” so as to confirm that Mirada has met “local, state and federal oil spill prevention regulations” as is required by the Ventura County General Plan. The 21-page document includes many other objections related to environmental impacts and various non-compliance issues related to the CUP, among others.
An issue raised repeatedly by residents at the hearing was the lack of consideration by county staff of the cumulative environmental effects of adding the seemingly-small number of new wells, and the changes to the area in the decades since the original C.U.P. was granted.
John Davis, a resident on Koenignstein road in Upper Ojai, said he was concerned with the “creeping incrementalism,” referring to the process of continually modifying an old C.U.P.
“I believe the additional wells will have a significant impact on the environment,” said Marianne Ratcliff, property owner and resident of Upper Ojai. She referred to the many changes in the area over the past 28 years including the growth of Thomas Aquinas College, “several expanded oil projects in Upper Ojai … 220 mineral acres just leased by (Occidental/Vintage) behind Thomas Aquinas. And 300 new wells pursued by Seneca in the Sespe field. Those are just the ones I know of.”
“My father sued the county in the late ’70s over an Environmental Impact Report for exploratory drilling in nearly the same area,” said Andrew Whitman, representing his 85-year-old father who lives on Koenigstein Road. “The Court of Appeal said (to the county), you have not adequately addressed the cumulative impacts in your EIR.” He explained the court found that by issuing that C.U.P. without considering cumulative impacts, the county was violating the law. “I don’t understand how 25 years later, we are leap frogging past the environmental impact process,” he said. “I don’t see any substantial evidence that there are no impacts. In fact, I think this hearing has demonstrated there are substantial impacts.” Whitman entered an objection to the negative declaration — the county’s finding that there are no cumulative impacts associated with the proposal — saying, “I don’t believe it is based on legitimate facts.”

(photo by Tim Dewar)
A section of the newly-paved Fulton Street extension has already been patched.

March 21, 2013
Monica Lara, OVN correspondent

A multitude of delays have moved the Fulton Street extension project completion to possibly mid-April, according to city of Ojai officials.

More than 20 years in the making, the project has been extended several times since work began in July. First, city employees estimated the street would be finished by November. That date was pushed back to Christmas, then again to the end of February.

“This type of project, in a small city with limited staff, is bound to be slow moving,” said Greg Grant, Ojai Public Works Manager.

The contract with the construction company, J & H Engineering of Fillmore, will end in mid-April, and there are no contingency plans if the project gets delayed further, according to Grant. J & H would be financially liable for any work not finished by the end of the contract, although Grant feels confident the work will be done before then.

Other delays were caused by Southern California Edison, which made changes to its original plans, as well as by the discovery of an old railroad station under the site. This wasn’t discovered until the groundbreaking in July. Further adding to the construction woes: J & H Engineering has other construction commitments to fulfill besides the Ojai project, according to Grant.

Despite the setbacks, Grant maintained that the long-standing project has remained within budget. Federally funded, the budget for the street extension is $350,000, and the city has spent $230,000 so far.

Several other steps, such as striping the area, grading, adding signage and establishing the curbs and medians, should be done in the next few weeks.

Landscaping will be installed once the street is finished; that portion of the project will be funded by the city and will cost approximately $30,000.

Final touches will include cleaning the site and addressing project concerns — including correcting a lopsided retaining wall at the south-east end of the street, as well as fixing portions of the asphalt that were weakened due to standing water. Grant said some corrections to the pavement have been made, but any additional issues will be repaired later. “It’s like if you hire someone to landscape your yard,” he explained. “You would wait until the end to see if there is anything you need to fix. You would not want them to do that in the middle of their work.” The city will not have to pay any additional costs associated with these corrections, he said.

A drainage ditch, not part of the city’s plans, was dug as part of an arrangement between the contractor and a private landowner, according to Grant. It extends into the private property along the street line; however, there is some question of whether the ditch was properly built. Grant maintained that it was smaller than it should be, but property owner Denise Wizman said, “The drainage ditch is much too big.”

Currently, the Ojai Valley Trail bike path is open for use through the area.

When the project is complete, South Fulton Street will be no longer end at Pearl Street. The extension will connect with Bryant Circle. The roadway was extended to help alleviate traffic congestion at Ojai Avenue and Bryant Street, which turns into Bryant Circle.

March 19, 2013
Kimberly Rivers, OVN correspondent

According to records voluntarily posted by some operators at www.fracfocus.org, hydrolic fracturing, also known as fracking, has been used to increase the yield in about a dozen oil wells in Ventura County.

Since reporting of fracking is currently not required in California, environmental groups and others wonder what the true count is, since the industry says they have been doing it here for decades.

“We do have a very large, very nearly flat formation,” said Dr. Tom Williams, a lifetime member with the Sierra Club of California. “California is highly susceptible to East Coast-style fracking.”

After a public hearing in Bakersfield last week regarding the development of statewide fracking regulations, Williams added, “For the best fracking they need the harder and brittle rocks; (you) can’t frack sand and gravel. (There are) lots of formations under Ojai with hard shales of more than 200 feet thick, over 2,000 feet deep and areas of over 2,000 acres.”

Williams has PhDs in geology and zoology from the University of California-Berkeley, and has worked for more than 15 oil and gas companies, onshore and offshore, in the U.S., Peru, Japan, Egypt and Kenya, as well as for the government of Dubai.

“This is just the tip of the iceberg. Wait until oil is over $100 a barrel,” said Williams. He points out that will make the sometimes-costly fracking process more lucrative.

“I have concern that fracking is (currently and has been) completely unregulated,” said Upper Ojai resident Marianne Ratcliff after the workshop. Ratcliff lives on property that holds some of the oldest oil wells in the state, some drilled in the 1860s.

“Prop 65 is a California law that requires toxic spills to be reported. It doesn’t make sense that frack fluids with 27 known carcinogens can be injected into the earth and potentially onto the surface with absolutely zero reporting requirements,” Ratcliff stated.

When asked if she believes wells have been fracked on her property she responded, “I know they have, we saw it, the Halliburton and Dow trucks and the well record.”

Mark Nechodom, director of the California Department of Conservation (DOC), acknowledged that Ratcliff isn’t the only one feeling frustrated with the system. “(I see the) passion that the public has around this issue,” he said. “(They have heard) about the process and already assume it to be dangerous. It is hard for us to create information without it appearing to be propaganda … to better educate the public. The public is not part of the process, not aware of where oil comes from. It’s a big black box … when the public knows more it will become less hostile.”

“Hydraulic fracturing is an inherently dangerous activity which needs to be banned in California. The water, air and earth deserve greater protection than what DOGGR is providing,” said Jonathan Evans, staff attorney with The Center for Biological Diversity (CBD). “We have attended and will attend all hearings so that DOGGR knows they are being closely scrutinized. The draft regulations are woefully inadequate and (DOGGR) has a long way to go to make hydraulic fracturing safe in California.”

The CBD has recently filed suit against DOGGR, charging, according to the complaint, that permits issued by The Division violate the state mandate: To prevent, as far as possible, damage to life, health, property, natural resources, or underground or surface waters.

“There is no groundwater baseline (testing requirements) in the proposed regulations,” said Williams. He suggested that such testing be included in the final draft regulations. Baseline testing refers to information gathered prior to any fracking, so that post-fracking tests have a baseline to be compared against to confirm whether or not fracking had any impact on that water source.

“In determining whether surrounding (underground) strata are protected, who is making the determination? What are the standards? Is there any review?” asked David Hobstetter with the CBD, regarding the draft regulations.

“The regulations require operators to submit an evaluation about whether the fractures will reach a confining layer,” answered DOGGR’s Tim Kustic, referring to a geological formation that does not allow water to easily pass through it. “If it’s an oil field and it has trapped oil for thousands, or hundreds of thousands of years, it’s probably a confining layer. If a fracture could reach that layer, then (the operator will) have to evaluate to make sure that the fracture will stop at it, will not penetrate it … there is not specific standards in these regulations as to exactly how you do that, but there will be a review of the information they send to us.”

“The agency relies on self testing, self monitoring and self reporting. So what safeguards do you have that the operators are giving accurate information? ” asked Ratcliff.

DOGGR staff responded that they have used this method of oversight “with success” for many years.

March 19, 2013
Kimberly Rivers, OVN correspondent

Tomorrow, Ventura County’s Planning Division will review Mirada Petroleum’s application to expand a conditional use permit allowing for 11 new oil wells on part of the Ojai Oil Fields above Thomas Aquinas College near Upper Ojai. The public hearing is set for 10 a.m. at the Ventura County Government Center, 800 Victoria Ave., in Ventura.

As stated in the staff report, the permit, if approved, will include “The testing, drilling, production, reworking and maintenance of nine proposed oil and gas wells and two existing wells,” on an existing drilling pad in land that borders the Los Padres National Forest. Activities also included in the application are the “operation of existing equipment associated with the storage, processing and transporting of oil, gas, and water.”

The proposal does not include new grading or removal of vegetation as existing pads and roads will be used.

“The meeting will constitute the final public hearing,” according to the meeting notice. “Following the meeting, the planning director will approve or deny the project and impose any necessary conditions.”

This meeting is the public’s opportunity to have their concerns or support for the proposed new wells put on the record. Only items on the record following this hearing may be brought to bear in any future appeals regarding this conditional use permit. The application and staff report are available online at  www.ventura.org/rma/planning/meetings-agendas/planning-director.html, the Ventura County Planning Division’s website.

The meeting will be held in the Santa Cruz Conference room, on the third floor.

The Ojai Pixie harvest is underway. Workers at the VillaPark packinghouse in Fillmore box what could be a record harvest despite a cold snap in January that threatened the crop.

March 19, 2013
Hannah Guzik, OVN correspondent

Despite a January freeze that could have wreaked havoc with their crop, Ojai growers are set to harvest a record 2.75-million pounds of Pixie tangerines.

Only about 10 percent of the crop was damaged in the four-night freeze, much less than growers initially feared, according to the Ojai Pixie Growers Association.

“It’s not as bad at all as we thought it might be,” said Emily Ayala, association member and secretary. “The only damage was from orchards at the bottom of the valley that always experience frost damage and probably shouldn’t be growing tangerines, because they’re more sensitive to frost than say, oranges, which are bigger.”

Three growers have frost-bitten fruit and may see losses this year, she said. The association as a whole should see a profit, although it’s too soon to say how much money the record harvest will yield because prices are still fluctuating, Ayala added.

“It’s a little bit hard to tell,” she said. “So far the tangerine market has been wonderful — we’ve been picking and selling as fast as we can and we’ve sold more faster this year.”

The association has been selling fruit for the past three weeks, but still has about nine weeks left in the season, Ayala said. Typically prices start out high, and then are deflated by an influx of less expensive tangerines from South America, she said.

“What happens is that the big grocery stories have already contracted with South American tangerine growers, and, in mid May or June, they get shipments and they quit buying from us,” Ayala said. “There’s not much we can do about, it’s just the way of world economics.”

Ojai has about 400 acres of tangerine trees and the tangerine crop brings about $2 million to the valley annually, according to the association.

The valley’s hot summer last year, with its string of days where temperatures reached above 100 degrees, resulted in a high-sweetness level in this crop of fruit, making it especially tasty, Ayala said.

“They’re just the size of marbles on the trees in the summer, but the heat really helps,” she said.

The fluctuation of temperatures this winter, including the cold snap, may have also helped develop and improve the flavor of the tangerines, she said.

The association has hired a Fillmore labor contractor to coordinate picking the tangerines, and is employing between 12 and 14 people full-time for 10 weeks.

“We have a very good relationship with (the labor contractor) and we’ve been working with them for years,” Ayala said.

This year, in addition to picking, the workers are also pruning the orchards afterward, she said.

Association member Jim Churchill, who grows tangerines and avocados on 17 acres in Ojai’s East End with his wife, Lisa Brenneis, said he’s thankful the cold snap didn’t result in significant losses.

“They’ve started picking and we did not have any frost damage to our Pixies,” he said.

March 19, 2013
Kimberly Rivers, OVN correspondent

Following a public hearing in Bakersfield last week, regulators are one step closer to drafting state-wide hydraulic fracturing regulations.

“When a well is hydraulically fractured (it is our intention to) make sure those wells have an increased level of monitoring or oversight,” said Tim Kustic, state oil and gas supervisor at the California Department of Conservation’s Division of Oil, Gas and Geothermal Resources (DOGGR), at the meeting.

Just two hours away from Ventura County, Bakersfield sits in the hotbed of California oil production. Oil wells pump throughout that community, even in parking lots of office buildings in town. According to a 2009 DOGGR report, Kern County accounts for one-tenth of U.S. oil production and boasts the third largest oil field in the country.

What does this have to do with the Ojai Valley? Kern County is prepping for an oil boom, and the same underground formation holding newly accessible oil under Kern County — the Monterey Shale — also lies under Ventura County, and the Ojai Valley.

Western States Petroleum Association spokesperson Nick Ortiz defended the practice at last week’s meeting. “Hydraulic fracturing has been safely and effectively employed in California for over 60 years. It is vital to the state’s economy and central to the Division’s statutory mandate to ensure environmental integrity while increasing the ultimate recovery of the state’s petroleum resources. Responsible development of the state’s resources helps improve the quality of life for all Californians.”

According to a 2011 report by the U.S. Democrat Committee on Energy and Commerce, 14 leading oil and gas companies in 13 states used “more than 780 million gallons of hydraulic fracturing products, not including water … containing 750 different chemicals and other components. The companies used 29 chemicals that are known or possible human carcinogens,” between 2005 and 2009.

DOGGR, or “The Division,” as it is called by staff, operates under laws and mandates provided in the California Public Resource Code (PRC). It says that the Division is charged with supervising the drilling, operations and abandonment of wells “so as to prevent damage to life, health, property and natural resources, damage to underground oil and gas deposits from infiltrating water … loss of oil, gas or reservoir energy, and damage to underground and surface waters suitable for irrigation or domestic purposes by the infiltration of, or the addition of, detrimental substances.”

In addition, the PRC says the DOGGR supervisor “Shall administer this division so as to encourage the wise development of oil and gas resources.”

Mark Nechodom, director of the California Department of Conservation (DOC) responded to statements made by oil industry spokespeople requesting that regulations not hinder the industry. “We will be working on this over the next year. We are writing regulations, but those that are being regulated are the ones that actually know how they work,” he said. “The fundamental bottom line is that these regulations are intended to protect public health and safety. Let me be absolutely emphatic, this regulation is not meant to be onerous but it is absolutely first and foremost to protect the public’s health — and safety it is not to protect the profits of the oil and gas industry.”

A recurring concern at the Bakersfield hearing — and always a part of the discussion around fracking — is the protection of sources of fresh water. Those who are not familiar with the process may have a hard time imagining how it does not endanger the water used for drinking and agriculture. Those in the industry point to the safe long-time use of fracking.

“We support strong regulation that protects groundwater, it’s just good business. We also live where we work,” said Blair Knox, director of Public Affairs with California Independent Petroleum Association (CIPA), during his prepared comments at the end of the Bakersfield workshop. “We have a long and successful history of protecting groundwater in this state. We are very proud of that fact.”

Another topic about which the public and environmental groups had questions was the ability of companies to claim trade secret protection regarding chemicals they may use during fracking.

“We are not inventing trade secret laws. California, and every other state, has adopted the Uniform Trade Secret Act (UTSA),” said Justin Turner, senior staff counsel at DOC. “The UTSA allows companies in any industry to protect information that gives them a competitive advantage. We can’t abdicate that law.”

“I understand that this is governed by the UTSA, that’s fine … Yes, a company may have a trade secret, but does that automatically mean they can inject their trade secrets into the ground?” asked Ojai resident Marianne Ratcliff.

“No it does not,” responded Turner. “Trade secret comes into play with regard to the public disclosure provisions.”

“So can DOGGR say … you may not put any (substance) that you don’t disclose (to the public) in the ground?” asked Ratcliff. “Is that within your purview?”

“Yes, that’s correct,” said Turner.

“That would be my recommendation, that DOGGR do that,” said Ratcliff.

“There is a real concern here that you are hearing repeatedly from the public and will continue to hear, about the UTSA trumping public health and welfare,” said Evans.

The draft regulations do include provisions for regulatory agencies to have access to all chemical information when they need to investigate or respond to a spill. The regulations also provide access to information for health professionals treating for exposure to chemicals.

The public had opportunity to speak about any items related to the discussion draft that may not have been included on the official agenda. The oil industry representatives present took this opportunity to speak.

“I have heard a lot of troublesome accusations, which are of concern,” said Les Clark with the Independent Oil Producers Agency. He responded to suggestions for increasing the fines for violations by saying, “Most people don’t realize, we pay for it all anyway. Everything that we do through DOGGR is assessed through our hide. I want to make sure the public knows that it’s no free ride here. It’s not coming out of the government’s general fund, it’s coming out of our pockets.” Clark referred to the laws with assessment fees on oil and gas producers that are held by the state in an oil and gas fund used to pay for the activities of DOGGR. “And I am on three water quality committees. Water — that is the bottom line. It’s not oil, it’s water.”

“There shall be no corners cut,” said Nechodom in his concluding statement. “And for those of you who have reported to me today some fairly disturbing reports of corners being cut or violations happening and not reported, I can assure you that you need to come forward and tell us about it, you have my number. We serve the public. We work for the people of the state of California.”

DOGGR regulators are holding a third hearing in Santa Barbara in April. The date was not released as of press time.

Other workshops will be held in Monterey and Sacramento before a final draft is written.

To read the draft regulation, visit www.conservation.ca.gov/dog

Members of the public who wish to comment about the discussion draft of regulations can email comments@conservation.ca.gov.

March 14, 2013
Tiobe Barron, OVN Correspondent

The Ojai City Council pulled the plug on the proposed exterior lighting ordinance Tuesday, citing concerns ranging from unclear language to whether the changes would be effective at all.

The ordinance primarily targets restrictions on the amount of light output measured at the property line, with different allotments for commercial and residential zones.

The council directed staff to present a modified ordinance at its next meeting, April 9.

“We had a very qualitative ordinance, and we’re going toward a quantitative one, and that was really at the insistence of the public and the Planning Commission,” explained Rob Mullane, Community Development director.

“It’s about living together in a community and being considerate. I think it’s not that much to ask, for people to shield their lights. I think one of the big misconceptions we have been brainwashed into thinking is that a bright light shining out is making us safe, and the reality is that’s an old wives’ tale; shielded lights actually do a better job at making us safe, so I don’t think it’s an unreasonable thing to ask,” said Councilwoman Betsy Clapp.

City attorney Joseph Fletcher clarified that the Council cannot require residents to retrofit their lighting fixtures without monetarily compensating them, unless the property in question is new construction or is undergoing renovations that total 25 percent or more of the property’s total cost. For existing older light fixtures that do not meet the desired standards, all the City Council can legally request is that the property owner either change the light bulb to a lower wattage, or turn off any non-essential exterior lights after the 10 p.m. curfew.

“Quite frankly, to get it right, if it takes us six times, I think we ought to take as many times as it needs,” said Mayor Paul Blatz after discussion that the ordinance would not pass on to a second reading.

They did, however, move forward on other issues; they approved two well permit applications — one for Ojai Valley School and one for a homeowner — that had previously failed to pass for lack of a second at the last council meeting.

“When it came before us the last time … we were in essence told that we really didn’t have any authority over the approval of the wells, what we were in essence doing was approving the construction…which we in essence had absolutely no information before us about,” said Mayor Blatz.

Offered city manager Rob Clark, “The ordinance on our books that relates to water wells precedes the formation of the Groundwater Basin Management authority, and it specifically gives the council the responsibility of looking at the groundwater supply, and also the safety issues. Since that time, the (Ojai) Basin Groundwater Management Agency was formed, and really that’s their mission in life, is to assure that. So what we’re saying here is that we recommend you rely on their expertise to give you input on that.”

Jordan Kear, staff hydrogeologist for the Ojai Basin Groundwater Management Agency (OBGMA), stepped forward on behalf of Ojai Valley School, which requested a permit in order to irrigate one its sports fields. “Currently, before a well would go in, that field is irrigated with water supplied by Golden State Water Company … If that well is constructed, and that 12 acre-feet (to irrigate the field) is extracted from the area of that basin, it is decentralizing the pumping depression, and there is no net change in the extraction of the groundwater basin vs. current conditions.”

Added Ojai Valley School President Michael Hall-Mounsey, “I just want to reassure the council that we have a very big initiative over the last several years to conserve. We have worked with Casitas (Municipal) Water District, we have installed new meters, we have audited all of our electricity, water, gas, have switched over to non-toxic treatments in soil amendments. We have done everything we can as an educational institution to demonstrate how we can leave a smaller carbon footprint. This is a small project for us in the sense that it is a 2-acre field, but it demonstrates sustainability and a responsible position for our school and community.”

All council members voted to approve the permits, with the exception of Councilwoman Carol Smith, who cited concerns that Golden State Water Company would pass along the financial loss via increased rates to the rest of their water customers.

Visit www.ci.ojai.ca.us for more information.

March 14, 2013
By Maria Saint, OVN correspondent

Amber Young, an assistant in the Ojai city manager’s office, was recently named the 2013 Ojai Day coordinator.

“Amber was the acting coordinator last year while we were going through the recruitment process for the permanent coordinator,” said Ojai city manager Rob Clark. “She also continued to be active in the coordination along with the others through the event. She did a very good job, and showed that she has the skills and abilities necessary. She also did a very good job balancing the Ojai Day work with her other duties. As a result I am very confident that she will do well as coordinator and will be able to balance the duties. We, of course, will help her with that.”

For the city manager’s office, Young said that her duties include preparing agendas and proclamations, and handling the city manager’s calendar.

“I do a lot of administration on the city website and kind of just a little bit of everything. One of the nice things about being part of a small staff for a small city is that I get to wear a lot of hats, and so it’s a wide variety of duties,” she said.

As Ojai Day coordinator, Young will be doing everything from organizing the vendors to handling the road closures and permitting, scheduling the stages, working with sound people and organizing activities.

As far as balancing both jobs, Young, 28, said that as of March 1 her weekly hours had gone up to 40 hours per week.

“Or as simply being the assistant for the city manager’s office, I work a 36-hour work week, so I have a little bit of extra time to dedicate to Ojai Day. As the event gets closer and closer, I’ve been authorized to allocate more and more of my time to Ojai Day to balance the two. Then in the months of September and October, it’s expected that I’ll be spending 100 percent of my time on Ojai Day and my city manager duties will be taken care of by somebody else,” she explained.

Young, who works for both Clark and Steve McClary, said she has been with the city for a little more than two years. She started out as a temp and eventually got hired on full time.

“We are very pleased to have Amber on board now so she has enough time to prepare the 2013 event,” said McClary, who is the assistant to the city manager. “Amber understands how important Ojai Day is to the community and she has some great ideas on how to improve the event without sacrificing its core values.”

Young is very excited about being named the 2013 Ojai Day coordinator. The 2012 event was the first time she was involved with Ojai Day. With the unexpected June resignation of Jody James, who was the Ojai Day coordinator for 20 years, Young became the interim coordinator. She then worked with Lynda Killingsworth and Phil Casanta who were both hired on as co-coordinators for the 2012 event.

“It was a great opportunity for me to learn a lot about Ojai Day and to really start connecting with the community. While it was really frantic, it was also really wonderful in kind of a weird way,” Young said.

As for working with Killingsworth and Casanta, Young said it was a wonderful experience.

“They brought a lot of experience from working on prior events to Ojai Day, so I was able to learn a lot from them just based on what their knowledge base was,” she added.

Young thought the 2012 Ojai Day worked out pretty well, especially after receiving feedback from the people she spoke with in the community.

“They seemed to enjoy themselves. We really lucked out on the weather — it really worked in our favor. The thing that I think that made 2012 really special for me is that the people on the Ojai Day team that came out and gave their time really seemed to enjoy themselves, and pretty much everybody I spoke with who were on the Ojai Day team last year said they’d like to come back for 2013 to participate — and that is really what it’s kind of all about: making it great for the community,” she said.

The city manager also thought the 2012 event went well.

“I think the event was very well-received as presented last year. I am sure we will look at ways to make it even better this year. The main problem last year was that we got a late start and had to spend more time and money getting organized because of the transition of coordinators. This year we are starting on time, and will be better able to control costs,” Clark said.

For the 2012 event, Young said she made her interest known in getting the ball rolling for that event and that she was approached this year to take on the role of Ojai Day coordinator. What she is personally looking forward to as the coordinator is the team of people that come out and help move tables, direct traffic and work with the vendors.

“It’s such a wonderful group of people. That’s definitely my favorite part,” she said, adding that she could see herself as Ojai Day coordinator beyond 2013. “I hope so. I would like that, of course, that’s always subject to outside forces and what-not.”

The plans for the 2013 Ojai Day, which traditionally takes place the third Saturday in October, are still in the infant stages, Young shared.

“At this point, not planning on changing up the format of the day and the footprint,” she said. “Last year, we had shortened everything by a block, and I think that really helped with keeping the size a little bit smaller. Still planning on having multiple stages. We’d really like to figure out new, better and exciting ways to utilize the Libbey Bowl, because it is a community facility and we really want to use that day to showcase it. And beyond that, kind of more of the same good stuff.”

Although www.ojaiday.com is still under construction, Young said that her contact information can be found on the website. There also happens to be two Ojai Day-related Facebook pages, but the one the city uses is called the Ojai Day Fan Page.

“We’re hoping to get the vendor application and all of the volunteer and team member paperwork put up as quickly as possible, so we can really get this thing started,” Young said.

March 14, 2013
Tim Dewar, publisher@ojaivalleynews.com

Golden State Water Company’s (GSWC) Ojai service area customers will get their election.

August 27 will be the day Ojai voters decide whether they keep GSWC or try kick it to the curb in favor of Casitas Municipal Water District’s (CMWD). Voters will be asked whether they support a 30-year property tax bond to fund the buyout.

After listening to nearly three hours of public comments, the Casitas board voted unanimously to approve the three resolutions necessary to form a community facilities district and hold the election.

Of the approximately 45 speakers, more than two-thirds were in favor of holding the election. Of the remainder, three were heavily opposed to the buyout, six others questions aspects of how the bond was apportioned or wanted the CMWD board to postpone action and do more research.

Ventura County Supervisor Steve Bennett, speaking as a CMWD customer, talked about holding an election when frustration levels have reached where they are in Ojai. “It is appropriate to go to the voters and ask the voters to weigh in. Certainly,” he added, “some risks have been identified, but that is what elections are all about. Do you want the advantages and the potential disadvantages of one action or the other action.”

Ojai resident Janet Bolton was a little more blunt. “I don’t want the dividends for their shareholders on my back anymore.”

Jerry Camarillo Dunn concurred. “I am tired of Golden State having a pipeline to my wallet.

Michael Shapiro echoed Bolton and Dunn’s statements. “The bottom line is that Golden State is accountable to its shareholders. We want that to end. We want humble public servants, such as yourselves, who run for election every four years.”

Ojai Friends of Locally Owned Water (F.L.O.W.) member Bob Daddi remarked that if Golden State Water was concerned about Ojai, they could help avoid a potentially costly legal battle by signing over control of the company to Casitas.

Bill Horne, an Ojai resident for 51 years, thanked the CMWD board and Ojai F.L.O.W. for not “going along with Golden State’s money grabbing tactics” and said the Public Utilities Commission and GSWC are attached at the hip.

One speaker said whom the community trusts to provide its water is one of the most important decisions it can make. “Trustworthy doesn’t describe the poor service, poor maintenance and high rates we have been getting from Golden State,” noted Jerry Kaplan.

To those who feel the bond isn’t apportioned fairly, Kathleen Richards said, “Taxes are rarely apportioned fairly. I don’t have children but I have been paying for public education my entire adult life.”

Michael Daily offered a bit of financial advice. “If your property taxes increase, you can deduct that on your income tax. You can’t deduct your water bill.”

Camille Crock said she fears losing property that has been in her family since 1964 because of the tax increase the bond would trigger. “If you can’t pay your water bill, they send it to a collection agency. If you can’t pay your tax bill, they can automatically take your house. It’s far better to owe the water company than the tax collector.”

Jim Finch, an East End farmer, told the board he was concerned that property values would decrease after the tax was added. “Do the valuation, do the homework and sit down with Golden State and try to work something out,” he said.

Nearly all who expressed a preference between a walk-in and mail ballot said they preferred the former. “We want a walk-in vote because we don’t trust Golden State,” explained F.L.O.W. member Ryan Blatz.

If two-thirds of those voting want the change, CMWD would have up to $60 million to make an offer for the GSWC infrastructure and equipment and to fund much-needed repairs to the system.

Because GSWC officials have repeatedly said that portion of the company is not for sale, CMWD would likely have to invoke the eminent domain clause in GSWC’s franchise agreement with the city of Ojai. A court would then decide if the sale can go forward and, if so, what the fair market value of Golden State’s assets is.

If the bond does not pass, CMWD will not be reimbursed for its acquisition costs to that point.

If the bond passes but $60 million is not enough to fund the purchase, as was GSWC’s contention at the meeting, CMWD could decide to walk away from the buyout, but property owners in the community facilities district would still be responsible for the bonds issued to that point.

During the 15 minutes allotted for a presentation regarding its position, GSWC’s legal representative Steve Amerikaner, from Brownstein, Hyatt, Farber, Schreck LLC, said the Casitas proposal was “fundamentally flawed” and warned voters to be “deeply skeptical.”

“The District is asking the voters to bear the cost without doing the research,” Amerikaner noted. If you don’t approve these resolutions tonight, do a full appraisal including water rights and do an independent feasibility study, Golden State will sit down with you.”

Casitas board member Bill Hicks took exception to Amerikaner’s comments. “You are well worth $500 an hour,” Hicks remarked. “You gave a good presentation but I’ve got to say how ironic it is that you are going to try to use the CEQA card on us. You don’t have water rights. Let’s sit down and negotiate. Let’s get this thing done.”

After the meeting, Pat McPherson, Ojai F.L.O.W. steering committee chair, said “We are very pleased with the Casitas board voting unanimously to put the matter before the voters on Aug. 27 using the traditional election process. The Casitas plan provides a way for Ojai to have local control of its water while saving the residents, schools, city and businesses millions of dollars in the first few years.”

The first phase was to get the petitions signed by 1,900+ Ojai Golden State Rater Payers, which we did in record time. The next phase was to encourage Casitas to accept our request to buy Golden State operations in Ojai, create a buy-out plan, and vote to let the Ojai Golden State Rater Payers vote to create a CFD and authorize the Bonds to acquire the system either through negotiations or eminent domain as specified in the franchise agreement. The next phase will be up to the voters Aug. 27, where we are very confident we will receive well over the two-thirds vote required for passage. Ojai is a very special little town that puts politics aside and sticks together whenever an outsider abuses any one of its citizens. I am very proud to live here.”

March 12, 2013
Tiobe Barron, OVN correspondent

The Ojai Planning Commission held its first public hearing regarding the implementation of the state-mandated Housing Element last week. The purpose of the hearing was to receive input from residents on eight programs that comprise the first of two phases in the 2006-2014 Housing Element.

Ojai Community Development Director Rob Mullane solicited the Commission’s input regarding the percentage of units that must be deemed affordable before a development project qualifies as “affordable housing.”

He also recommended that not all of the 23 possible sites be given the overlay designation because this would exceed the state requirement.

“Staff recommends the number of units be as close to 177 as possible,” advised Mullane. “There are potential ramifications if we show an overabundance of sites.”

Commissioner Steven Foster said that he thinks it prudent to utilize mostly city-owned properties, giving the city the most control over development of its own parcels while still meeting the state requirements.

With this consideration, Commissioners decided their formal recommendation to the City Council would include a combination of sites utilizing mostly downtown, city-owned parcels, along with 3.5 acres of the OUSD property, 1.1 acres at 510 E. Ojai Ave., .77 acres on Santa Ana Street, 8.7 acres at 401 S. Ventura St., 1.7 acres at 402 and 406 S. Signal St., 2 acres at 318 Bryant St. and .2 acres at 408 N. Montgomery St.

Commissioners emphasized that this is merely a starting point to address the immediate needs of the overdue 2006-2014 Housing Element Implementation program, and other sites can be considered for the next Housing Element cycle.

“I don’t think if the state didn’t leave us unprotected, with potential lawsuits, any of us would be sitting here talking about this. I would prefer that we actually come up with a plan for the city of our own, and redo our zones based on a plan that makes sense for the community,” said Commissioner Troy Becker. “I think actually one of our goals should be … (to) decide what we are going to be and rezone based on what we want to be, not based on what the state is telling us we should do.”

Ojai resident Bill Miley stated he would very much like the Commission to tally the number of units that would actually be affordable housing units, based on the percentage of total development. “It seems we are offering people the opportunity to take advantage of a state housing law that doesn’t really require a lot of affordable units,” said Miley.

Mullane proposed that the overlay follow state perimeters of at least 11 percent of the project having very-low-income units, or 20 percent low-income, or 40 percent moderately low income, with the rest of the units sold at market value, in order to be considered an affordable housing project.

Becker, however, thought the project should contain 35 percent available for market value, with the rest being broken down as follows: 15 percent extremely low income, 15 percent very low income, 15 percent low income and 20 percent moderate income. The Commission unanimously voted this change be passed on to the City Council for its consideration.

Commission Chair Marleen Luckman asked whether those units designated “affordable” can differ in quality from those sold or rented at market value. Mullane explained that while the exterior materials and design of all units must match for the most part, the interior fixtures and size would inevitably be better in the market-value units.

During public comment, Ojai Valley Chamber of Commerce CEO Scott Eicher said, “The Ojai Valley Chamber of Commerce is very concerned about high-density housing projects in the Ojai Valley. In fact, the term ‘project’ — as it has been historically proven in places like St. Louis and other areas — ‘projects’ become just ghettos, and I’m concerned about that. I think a lot of that relates to age-restricted housing. Growing up in Meiners Oaks, I had relationships with kids my own age, with people my parents’ age, with people my grandparents’ age, and I think it is extremely important that in these housing units we are thinking about, people understand that young kids need to know what the progression is, what happens in life. Old people don’t just go away and disappear. It is important that they have relationships with elders that are not part of their family.”

To that end, the Commissioners also agreed to recommend to Council that a minimum 30 percent and maximum 50 percent of all units built be designated senior housing, in the hopes that this encourages multi-generational affordable housing projects.

“If we are going to do these overlays, we had better build what we need,” said Becker. “(This) would send the message to developers that if you want an overlay, we want mixed housing.”

The City Council will hold its Housing Element hearing April 9.

Visit www.ci.ojai.ca.us for more information on the state-mandated Housing Element, as well as pertinent city documents.

March 12, 2013
Tim Dewar, publisher@ojaivalleynews.com

The battle to determine who will supply water to Ojai customers will hit another apex tonight when the Casitas Municipal Water District (CMWD) board of directors will likely vote on the proposed buyout of Golden State Water Company’s (GSWC) Ojai service area.

But the local, volunteer group leading the effort to unseat the privately owned company in favor of the CMWD is still in high gear. Ojai Friends of Locally Owned Water (F.L.O.W.) members hosted a meeting Thursday at the Ojai Valley Inn to help customers understand how the buyout would impact them prior to going in to tonight’s meeting.

“The key is to understand that this is not our proposal. This is our analysis of someone else’s proposal,” F.L.O.W. member Ryan Blatz told the 50 audience members. “We are not trying to force this down anyone’s throat. We are a group of concerned citizens trying to do what’s right. If it’s not right, we don’t want to do it.

Blatz explained that there are three phases included in the CMWD proposal: pre-acquisition, acquisition and post-acquisition. The first phase, includes between $2- and $5 million for legal fees and consulting work to prepare the bond for a vote.

If the bond does not pass, CMWD will not be reimbursed for its acquisition costs to that point.

The second phase, Blatz stated, are acquisition costs, which are estimated to be between $21.4 million and $36.2 million. This is the money that would be allocated to purchase GSWC’s physical assets. If the bond passes, this amount would be determined either by a settlement between the CMWD and GSWC or by a jury if a settlement could not be reached and the eminent domain process was needed.

Post-acquisition costs are set at $17.8 million for upgrades and repairs to the system. “These are repairs that Golden State wants to do over 10 years. Casitas wants to do much faster,” Blatz noted.

GSWC representatives have repeatedly claimed that their Ojai operation is not for sale. Blatz, however, said because of the franchise agreement GSWC signed with the city of Ojai whether they think they are for sale is irrelevant. “They agreed to this process (eminent domain) when they came here,” added Blatz.

F.L.O.W. member Richard Hajas explained to the audience that some ratepayers would not save money the first year and might not see savings for a few years, but he is confident that every customer would eventually save money as a Casitas customer.

“We looked at the last 10 years of charges for an average customer. In 2003, they were paying $73.86 bi-monthly with Golden State and would have paid $50.75 with Casitas. In 2012, that same customer would have paid $168.88 with Golden State and $65.57 with Casitas,” Hajas explained. That resulted in increases of $95.02 bimonthly in the Golden State bill and $14.82 in the Casitas bill.

Projecting those numbers 10 years into the future, Hajas continued that the Golden State ratepayer’s bill would increase another $192.28 bi-monthly from $168.88 to $364.16 while a Casitas customer would see an increase of $34.31 bi-monthly from $65.77 to $100.08.

The projected numbers for Golden State ratepayers, he added, do not take into account many of the needed system repairs that are included in the Casitas bond’s post-acquisition amounts.

F.L.O.W. members also encouraged everyone to think of the impact on the community overall. Because they likely will be exempt from the bond, Hajas said the Ojai Unified School District would save $66,000 in the first year on its water rates and the city of Ojai, which pays Golden State for the water it uses in the city’s parks, would save $53,000. Future savings for each organization, he added, would likely be in the $1- to $1.2 million range over 10 years.

“Not only can we get rid of Golden State, but the community can save about $680,000 in the first year,” Blatz explained. “In two to three years, almost every property owner will save money. In 10 years, EVERY property owner will save money.”

Camille Cronk said she didn’t feel it was fair to apportion the bond based on the size of the property. Steve Kraus added that the bond amounts that would be levied are not equitable between the different categories of property sizes. Jerry Conrow indicated concern about the lender having everyone’s property in Ojai as collateral. He asserted that CMWD has not said what rates former GSWC ratepayers would be charged.

Blatz disagreed with Conrow, saying that Casitas has included in its proposal numerous charts and information indicating that GSWC customers would be charged the same rates as current CMWD customers.

Tonight’s meeting will be held at the Matilija Junior High School auditorium starting at 6 p.m. Board members are expected to determine whether to move forward with the buyout attempt by scheduling a bond election. If it decides to move forward, the Board will have to set a date for the election, that will have to be held within the next 90 days and it will have to decide whether to hold a mail-in or physical election.

Editor’s Note:

This story was updated March 13 at 10:37 a.m. to include a correction regarding who would pay for costs if the bond passes.

March 12, 2013
Misty Volaski, editor@ojaivalleynews.com

Barking dogs and sleeping babies: A bad combination. But for once, Blanche Street resident Cassandra Edwards was grateful for the noise. Running into her backyard Sunday night in an attempt to quiet her howling dog, Edwards said she noticed “A shadow, a light flashing in the neighbor’s yard. And I was like, ‘Hmm, that’s not good.’ But I thought maybe the neighbors were having a big bonfire or something.”
Just in case, though, she went out to the front yard. “And I saw the (neighbor’s) house going up in flames,” Edwards said.
She and her family called the fire department, and within a few minutes the house in the 600 block of North Blanche Street was engulfed in flames and surrounded by firefighters. According to a Ventura County Fire Department (VCFD) press release, a total of 30 firefighters responded to the blaze, including two battalion chiefs, five engines, one support company, two investigators, one public information officer, one light and air unit and a fire watch team.
“The fire in the interior of the structure was knocked down rapidly,” the release said, “but fire in the attic and walls required more attention. Knock down at 10:57 p.m.”
Mike Lindberry, VCFD public information officer, said that while the home was not a complete loss, it did suffer extensive fire and smoke damage. He added that the fire is still under investigation. Foul play is not suspected.
As firefighters arrived on scene, Edwards said her family was evacuated due to the large tree hanging over both her home and the engulfed home next door. “The flames were going up high enough that if they would’ve reached the branches then our house would’ve been done.” She said the family was allowed back in their home around midnight.
Lindberry said a team stayed at the structure through the night as a precaution. “We had people there all night to make sure there was no rekindle. That’s standard procedure with us.”
There were no injuries connected to the fire, which displaced two adults, two dogs and a cat. The cat was thought to have been missing in the fire, but was later discovered outside, unharmed.

Jake Larkin

March 7, 2012
Misty Volaski, editor@ojajivalleynews.com

At a time when most kids are getting excited for the end of the school year, Jake Larkin and his family will be excited for a very different reason: He’ll be getting his IV removed.
“We’re hoping for June or July,” said Jake’s mom, Ojai native Kimberly Cluff Larkin. “And then, we have a big gong in the house, and he’ll get to bang it.”
In February 2012, six-year-old Jake was diagnosed with aplastic anemia, a condition wherein his bone marrow suddenly stopped producing blood cells and platelets. The only cure for the rare condition is a bone marrow transplant.
Jake, along with his mom, Kimberly, his big sister, CatieJo, and father, Bob, moved to Milwaukee’s Children’s Hospital last year so he could receive daily blood transfusions to keep him alive while a donor was sought.
More than 3,000 people worldwide — including several hundred from the Ojai Valley — responded to Jake’s struggle by registering to be potential bone marrow donors. One, a woman from Europe, was a “perfect 10 match” for Jake, Larkin said.
After months of constant worrying, isolation in sterile hospital rooms and handful after handful of powerful drugs, Jake got his bone marrow transfusion Sept. 14. And, in late January, he finally got to go home to San Francisco.
“He’s not out of the woods yet,” said his grandmother, The Oaks at Ojai owner Sheila Cluff. “But we’re extremely thankful and hopeful that his life has been saved … He’s been an absolute trooper. I’m in awe of him.”
Jake has passed several key benchmarks — albeit with a few bumps in the road — but still has a way to go. He’s not “cured,” but is in a sort of remission stage, Larkin said. Jake “no longer falls within the parameters of having aplastic anemia,” she enthused. “However, all that means is that his body is producing enough blood on its own, so he doesn’t fall into that category anymore. He still has treatment issues.”
For example, he must wear a mask anytime he leaves the house and is mostly isolated from others to reduce the risk of infections attacking his still-weakened immune system. He can’t swim or take showers, and still has lots of medications to take.
“We’re so proud of him, he can take eight pills at one time with water, he doesn’t even need milk anymore,” said Larkin. She paused, then reflected, “Another part of me is a bit depressed; this is my son’s accomplishment, swallowing pills, not hitting a home run or something. But it just shows, you just have to celebrate the little things, meet him where he’s at, and we do.”
Where he’s at is surprisingly normal for a little boy who has an IV in his chest 24 hours a day. “He’s as much a 6-year-old little boy as we could expect,” Larkin said. His hair is finally growing back, and he’s recently been allowed to invite his best friend over for short (well-sterilized) play dates. He can even occasionally dribble a soccer ball. And, while 9-year-old CatieJo is, like her parents, intensely worried about her brother, “She still treats him like a brother. She’s still sassy to him!” Larkin said. That sass isn’t exactly a bad thing, though — the family’s biggest challenge, aside from getting Jake well, is maintaining a level of normalcy in the midst of all this upheaval. That’s why little things, like Jake practicing writing numbers from 1 to 100, putting CatieJo back into school and going out for ice cream and pie — Jake’s favorite — are things the Larkins strive to work into the family’s daily routine.
Of course, it isn’t always easy. “This has definitely changed all of us,” Larkin acknowledged. “We just try to make sure that when we see something affecting us, we focus on, OK, really seeing it, and then trying to find a positive in it.”
They’ve gotten lots of help finding positives, in many unexpected ways. They’ve received hundreds of hand-made cards from students across the country who have never met Jake. Students at Wisconsin’s Marquette University took up a collection in their dorms, and along with a basketball signed by their men’s basketball team, they sent Jake $70 — “In one dollar bills!” said Larkin, getting choked up. “That’s their Domino’s pizza money, their Top Ramen money, they gave up for my little boy.” Jake used that “treat” money to buy frozen yogurt and a solar-powered toy car.
A church in Ojai sent Jake a box of goodies. “I didn’t know any of those folks!” Larkin said. “I did grow up in Ojai, but I didn’t know them. It was just, oh my God, these people in my hometown are thinking of us, caring about us, while we’re in the middle of Wisconsin.”
Larkin said her family has been “humbled” by the response from people around the world. “As pessimistic as people can be about people’s level of empathy and caring, we can tell you personally: People care, people go above and beyond. We’ve been the recipient of that,” Larkin said.
But the biggest point of inspiration has been in the number of people who have stepped up to be added to the National Marrow Donor Program. “To think that thousands of people stepped up and swabbed their cheeks for Jake — wow,” Larkin said. Because of their efforts, at least nine bone marrow patients have found matches, the NMDP told the Larkins. “The idea that nine other families have gotten the phone call saying, ‘there might be a match,’ it’s overwhelming! … I feel confident that there’s a family whose family member is going to live because people tested for Jake. That’s humbling and wonderful. We kind of say, ‘Well, I wouldn’t have ever chosen for my child to get sick like this, but at least we know something truly good has come from it.’”
The Larkins said they will remain dedicated to the NMDP cause. “When Jake is really better, even then this isn’t over for us. We’re committed to continuing the cause of bone marrow testing.”
Visit www.marrow.org to learn more about becoming a bone marrow donor.

March 7, 2013
By Kimberly Rivers

A new oilfield waste disposal facility, including an underground injection well for storing oilfield fluids (and potentially fracking fluids) could become a reality in Ojai’s backyard in the very near future.

Pending before county planners is a proposal from Anterra Waste for a new Class II oilfield waste disposal facility, near the Santa Clara River in Santa Paula. “Class II fluids are waste streams associated with oil and natural gas production operations,” according to the notice on the county’s website.

Related to that proposal, Anterra is pursuing a lease for county land — about a half mile from proposed facility — to drill and operate a Class II injection well that would inject waste from oil and natural gas production deep into the earth for disposal and storage.

Mirada Petroleum also has applied to the county of Ventura to expand an existing conditional use permit for oil leases in Upper Ojai behind St. Thomas Aquinas College, paving the way for eight new oil wells.

A public hearing is set for March 21 regarding their application. Ventura County staff reports are not yet ready, but must be released 10 days prior to the hearing.

“Yes, hydraulic fracturing fluids would be handled at a Class II facility,” said Brian Baca Ventura County planning manager for commercial and industrial permits. Hydraulic fracturing — also called fracking — is a process following conventional drilling, aimed at extracting oil and gas from hard shale rock formations deep in the earth. Fresh water blended with a chemical mix is injected at high pressure into the shale rock, effectively fracturing the rock and releasing oil and gas. The water and chemicals injected, as well as water sitting underground with the oil — called produced water — comes back to the surface and is moved to a treatment and disposal site.

Some communities on the East Coast have opted to ban both the process of fracking and the storage of “frack fluids” within their jurisdictions.

The oil and gas industry points to the safety record of such treatment facilities and injection wells, while some geologists, engineers and others watching the growth in the number of injection wells consider the potential to change the subsurface conditions.

This may be of concern in areas like the Ojai Valley and other parts of Ventura County with high numbers of fault lines. Stories of earthquakes and rumblings in the earth in the Midwest first associated directly with fracking are now being thought to come from the effects of injection wells.

“It is not a done deal,” said Brian Baca, regarding Anterra’s application. “ We have requested more information from the applicant and cannot proceed with the permitting process until we receive a response. Anterra already operates one Class II facility in Oxnard and plans to move to Santa Paula.” The company has facilities in Ventura and Kern counties.

“DOGGR does not regulate (Class II) wastewater facilities,” said Don Drysdale, from the public affairs office of the California Department of Conservation’s Division of Oil, Gas and Geothermal Resources (DOGGR). However, “DOGGR has primacy over Class II injection wells under an agreement with U.S. EPA.”

DOGGR is responsible for permitting, inspection, enforcement and other areas of regulation including the construction, testing and inspection of the injection wells. “The application must include a detailed engineering study including a flood-pattern map showing all injection, production and plugged and abandoned wells, and unit boundaries. The casing diagrams in the engineering study must evidence that plugged and abandoned wells in the area will not have an adverse effect on the project or cause damage to life, health, property, or natural resources,” according to the DOGGR website.

Visit http://www.conservation.ca.gov/dog/general_information/Pages/UICApplicationGuidance.aspx for information on the DOGGR Class II Underground Injection Control Program.

March 7, 2013
Kit Stolz, OVN correspondent

Horse and livestock owners in the Ojai Valley have been asked to clean up their act — their manure — to a greater extent than any other horse owners in the area.

To reduce nutrient pollution that encourages the growth of algae, the Los Angeles Regional Water Quality Control Board  (LARWQCB) has told local horse owners that they must keep 99 percent of all manure from reaching the watershed. This regulation will go into effect within the next 18 months.

“This is the first time that the Regional Board has asked something like this of any horse owners in Ventura County,” said Lynn Jensen, executive director of the Ventura County Coalition of Labor, Agriculture and Business, which often deals with agricultural issues in the county. “We (in Ojai) are the test case.”

Horse owners in the valley have taken up the challenge, and are working together to find ways to meet the new regulatory standards. In the last six months, a group of horse owners have formed the Horse and Livestock Watershed Alliance and are working with experts at the county’s Resource Conservation District (RCD) on plans to handle manure in a new way.

“These regulations were initiated by a lawsuit from an environmental coalition led by Heal the Bay,” said Alan Connell, director of the alliance. “The Water Board was sued for not doing their job under the Clean Water Act and getting (pollution regulations) written. That lawsuit was brought in 1999, and these new standards were just instituted, to take effect this month. It’s still our goal to be good stewards of the river, and to maintain our lifestyle with horses. That’s important to us.”

For engineer Phil Sherman, who owns two horses and a donkey, but has pioneered a plan to handle horse waste and bedding with a new biodigester, the short-term answer lies in working with the young experts at the RCD. Sherman and several other horse owners doubt the idea of a manure biodigester will be financially viable unless the state or federal government steps in with big grants, but think that they can work with the experts at the RCD to solve the problem with simpler low-technology solutions.

The RCD is a nonprofit agency first brought into being by Congress in the Dust Bowl era, when poor farming techniques and widespread drought led to a huge loss of valuable farmland.

“If each individual horse owner or each individual ranch has to deal with the Regional Board on their own, these regulations could become onerous,” Sherman told a group of about 20 horse owners in a meeting at the Little House Wednesday night. “But if you join our organization, and meet the requirements of the organization, then you will be exempt from any of the other requirements the Board comes up with. That’s what happened with irrigated agriculture (in Ventura County), and there’s no reason it can’t happen this way with horse and livestock owners.”

Sonya Webb, district engineer for the RCD, said that to reduce farmland run-off containing pesticides and other pollutants, the RCD, the Farm Bureau and other groups helped bring together a self-regulating body called the Ventura County Agricultural Irrigated Lands Group (VCAILG). This group helped farmers meet the conditions of a “conditional waiver” from LARWQCB, which required agricultural producers to measure and control discharges from their lands for pollutants, nutrients and stormwater.

In 2005, the LARWQCB issued a conditional waiver, clarifying what standards would apply to agricultural run-off. In 2006, it approved a plan allowing VCAILG to act as a single discharger, for the purposes of a waiver.

The regulators at LARWQCB have encouraged the creation of a similar group for horse owners in Ojai.

“Instead of making each horse owner apply for an expensive permit, and undergo all the monitoring that goes with that permit, the Regional Board is going to say that if you join the (horse owners) group, and abide by these best management practices that we have worked out with them, we will issue a conditional waiver, and work with the group as a whole,” said Webb. “That’s the fist step.”

At the meeting Wednesday evening, horse owners discussed possible measures to control discharge of waste from horse manure, including storage in concrete bunkers with roofs, to prevent run-off.

To Webb and Katie Haldeman, who works as an environmental scientist at the RCD, the objective is to provide examples of how good practices at farms and ranches can prevent pollution problems. They say they can help horse owners by walking their property, preparing soil reports and offering design advice, and they hope to have some grant money available to help the horse owners association in the coming year.

For information on the horse owners alliance and details on how to join, contact Connell, at 290-5725, or Leigh Hyndman, at (310) 849-1625.

March 6, 2013
Misty Volaski, editor@ojaivalleynews.com

After six months of around-the-clock care at the Humane Society of Ventura County’s Ojai Shelter, four severely malnourished horses rescued from an Oak View ranch are steadily gaining weight. They’re doing so well, said HSVC shelter director Jolene Hoffman, veterinarians in charge of their care have recently cleared them for adoption.
“We were blown away how much weight they gained, how much it was,” said Hoffman. “They’re pretty big numbers … I don’t know how they could gain so much weight in such a short time.”
Nine-year-old Rusty has already added 175 pounds to his frame. Sarge, age 12 and a half, has gained the most — about 315 pounds. The two mini horses, 7-year-old Momma and her 14-month-old baby Niblet, have packed on 135 pounds and 104 pounds, respectively.
“I’m just amazed how much better they look week by week,” Hoffman said. “It’s why you keep doing this job.”
When the four were first brought in last September, the prognosis was grim. Hoffman rated them all at a one on the Henneke System of Body Conditioning, the worst on the scale of one to nine — meaning they were dangerously emaciated, possibly to the point of starving to death. All four also had infections in their overgrown hooves, which have now been cleared up thanks to visits from the farrier every six weeks.
Each of the four were put on specialized diets by the vet to help them gain weight quickly, but safely, through multiple small feedings throughout the day. “We couldn’t feed them too much or they’d get colicky,” Hoffman said, referring to a condition in which the animal experiences abdominal pain that could turn deadly if untreated. “Those first few weeks were so critical,” she added. “Many of us stayed after hours, walked them while they were colicky, stayed with them while the vet was here at night. The (shelter) caretakers were up monitoring them all night … I couldn’t even tell you how many hours the staff has devoted to these guys.”
Humane office John Brockus said he is relieved to see the progress the animals have made in such a short period of time. “They’ve gotten their personalities back! It’s really nice to know they’re going to live. Honestly, for quite a little while there, we didn’t know whether or not they were going to live.”
Brockus added that the criminal investigation is ongoing, and that he and his staff are still trying to locate the owners of the four rescued horses. Officers have been “stonewalled” so far, Brockus said, but have several leads they’re working. “We haven’t brought charges against anybody as of yet,” he said, “but this is a felony so it gives us more time” to conduct the investigation.
The owners of the ranch, located in the 900 block of Santa Ana Road, have been cleared of wrongdoing, Brockus added. “The owner (of the property) lives a distance from where the horses are kept, and he himself doesn’t have animals down there … he rents the space on his property, and the renter is responsible for everything — it’s not as if rent includes feeding and watering. It’s an all cash business, not like you’re filling out an application to rent there,” Brockus said, explaining why there is no paper trail leading to the horse’s owner. “And there’s a big turnover down there.”
Meanwhile, at the Shelter, Hoffman is overjoyed that the animals are ready to be adopted out. She cautioned that anyone interested in adopting the horses should be experienced in handling horses, and also patient. “They’ll need training, and someone who has the proper facilities and funds to care for them. If you just want to put a horse out to pasture, that’s not what these horses need.” To fill out an adoption application, to donate to the animals’ ongoing care and vet bills, or to provide leads on the horses’ owners,  call the Ojai Shelter at 646-6505.

March 5, 2013
Tim Dewar, publisher@ojaivalleynews.com

In the next two weeks, Golden State Water Company (GSWC) ratepayers will have two opportunities to learn more about the potential consequences of the proposed buyout of the water provider by Casitas Municipal Water District (CMWD).

The first opportunity will be Thursday when members of Ojai Friends of Locally-Owned Water (F.L.O.W.) invite current GSWC customers to bring their questions to The Ojai Valley Inn at 6 p.m.

“Ojai FLOW will be hosting an informational meeting for current Golden State ratepayers regrading the Casitas proposal to acquire Golden State Water,” explained F.L.O.W. spokesperson Ryan Blatz.  “This meeting will focus on how the Casitas proposal will affect our community.  Ojai FLOW will be explaining how the Casitas proposal works and answering any questions the community may have.  Current Golden State ratepayers are invited to bring their water bills so they can compare their current water costs to what they will be under the Casitas proposal.”

Ojai F.L.O.W. members initiated talk of a possible buyout after collecting more than 1,900 signatures in 2011 calling for Casitas to take over the for-profit company’s operation in Ojai.

Casitas studied the issue until August 2012 when its board decide to move forward with the process of pacing the bond before voters and what the terms of the bond election would be.

The CMWD board of directors will hold a public hearing March 13 at 6 p.m. at Matilija Junior High School’s auditorium regarding the buyout. At that meeting, the CMWD board could approve moving forward with the vote, set a date for the election and decide whether a special election or mail-in ballot election would be best.

Registered voters within the proposed communities facilities district would be asked to vote on whether to levy up to $60 million over 30 years on residential and commercial properties to pay for the cost of purchasing GSWC’s assets and to fund future repairs to the system that provides water to 2,900 accounts, mostly within the city limits.

The bond vote, which would likely be held sometime in July, would need affirmative votes by more than two-thirds of those voting to pass.

If the bond passes and GSWC decides not to accept a buyout offer from the CMWD, the city of Ojai would begin the eminent domain process as allowed by the franchise agreement it has with GSWC. It would then be up to a court to decide whether eminent domain could be used in this case and if so, how much GSWC would be compensated.

March 5, 2013
Tim Dewar, publisher@ojaivalleynews.com

Ojai Basin Groundwater Management Agency board member Jerry Conrow pulled from its agenda Thursday night an item that called for considering hiring an attorney to help prepare for the possible adjudication of water rights within the Ojai Basin. He said the item was pulled at the request of the Ojai Water Conservation District, the organization he represents on the OBGMA.

Adjudication of water rights is the process typically used to determine who is entitled to take water from a specific area (in this case, the Ojai Basin) particularly during times of water shortages. All well owners drawing water from the Basin would be required to show their historical water use in order to retain water rights if adjudication were ordered.

OBGMA board member Russ Baggerly, who represents Casitas Municipal Water District, said the very reason the group was formed was so water-related issues could be determined locally, rather than through the courts where adjudication would be decided.

Betsy Clapp, who represents the city of Ojai on the OBGMA board said she hopes the discussion about adjudication will encourage those well owners who have not yet done so, to register their wells with the OBGMA. “If you don’t do that, you can’t prove historic use.”

Adjudication has become an issue in the buyout of Golden State Water Company’s (GSWC) Ojai service area with that company’s assertion that any buyout amount would have to include payment for its water rights, despite the fact that the Basin has not been adjudicated to establish those rights.

GSWC officials continue to insist that their Ojai service area is not for sale.

The CMWD board of directors will hold a public hearing March 13 at 6 p.m. at Matilija Junior High School’s auditorium regarding the buyout. At that meeting, the CMWD board could vote to move forward with a bond election to finance the buyout.

Registered voters within the proposed communities facilities district would be asked to vote on whether to levy up to $60 million over 30 years on residential and commercial properties to pay for the cost of purchasing GSWC’s assets and to fund future repairs to the system that provides water to 2,900 accounts, mostly within the city limits.

The bond vote, which would likely be held sometime in July, would need affirmative votes by more than two-thirds of those voting to pass.

March 1, 2013
Kimberly Rivers, OVN correspondent

A leaking natural gas line was found at an oil field in Upper Ojai between Summit Elementary School and the Camp Bartlett property Thursday afternoon.
“Five engines reported to the scene and officers found the broken gas pipeline coming from an oil well,” said VCFD public information officer Bill Nash. “There was concern due to flaring operations and dry brush in the immediate area. The valve was shut off and the flow of product was stopped. The gas did not ignite. It now becomes the responsibility of the oil company.”
Because there were no residences in the immediate area, no evacuations were ordered according to Nash.

No oil company employees were on site when the VCFD arrived, but firefighters were able to contact Vintage Oil Co. personnel who assisted with shutting off the valve.
“The pipe was damaged due to construction of a new pad for a tank. Thompson Oil was doing the construction,” said Santa Paula Battalion Chief Kevin Fildes. “We were able to contact Vintage Petroleum Co. who are very familiar with the area, they assisted us in shutting off the valve.”
“Once the initial work [of shutting off the valve] was complete, DOGGR staff met with representatives of the Thompson Oil Company and also with nearby residents,” said Don Drysdale, public affairs spokesperson for the California Department of Conservation’s Division of Oil, Gas and Geothermal Resources (DOGGR), the state regulatory body for oil and gas operations.. “DOGGR’s main concern is that the problem be corrected. The oil company fixed the line that had broken and DOGGR officials witnessed a pressure test to ensure the issue was resolved in accordance with our requirements.” He indicated that the field staff at the Ventura office are creating a report of occurrence regarding the incident.

Thompson Oil Company could not be reached for comment.

Editor’s note: This story was updated with additional quotes March 5, 2013 at 7:51 a.m.

Feb. 28, 2013
Kit Stolz, OVN correspondent

By Kit Stolz

The results of a $100,000 study looking into the feasibility of constructing a biodigester to dispose of horse manure from Ojai area ranches was presented at the Chaparral school auditorium Wednesday.

The study was conducted by the engineering firm ACEOM on behalf of the Ventura County Watershed Protection District.

Launched in 2011, the study focused mostly on horse manure and bedding because nutrients from these sources are suspected of impacting water quality in the Ventura River, based on Los Angeles Regional Water Quality Control Board (LARWQCB) findings.

Currently, most of the horse manure in the valley that is hauled is taken to Toland Road landfill east of Santa Paula, but much of it is used for agriculture or, in some cases, simply left on the ground.

Horse owners, who soon will face tighter restrictions on the storage and disposal of animal manure and bedding from the LARWQCB and possibly the Environmental Protection Agency, expressed mixed feelings. They showed interest in the biodigester concept, but several raised questions about the cost and practicality of the digester idea, estimated to cost $8.7 million.

“What the (LARWQCB) is pushing for is to have 99 percent of the manure removed, and to have it stored in concrete bunkers on the site. If that is all implemented, then yes, this would be a logical place to send the manure,” said Carolyn Ebken, who has worked with horses in the valley for many years. “It’s a good idea, but not if you have to pay $35 a ton to have the manure hauled there.”

Ryan Gallagher, from ACEOM, agreed that the cost of having the waste hauled was crucial to the financing of the biodigester plan.

“The project makes economic sense if it gets public financing for construction, and if the community can handle a tipping fee (charge for hauling) of $35 a ton, which is what they charge at Agromin right now,” he said.

Phil Sherman, one of the engineers who helped initiate the biodigester plan as part of the Waste-2-Energy team, has two horses of his own in the valley, and says he does nothing with the manure.

“A lot of it is just stacked on the ground,” he said. “My wife has a couple of horses, and we just leave it in a big pile, where anyone who wants can come and get it. But it’s not being taken away, and even if it’s not running directly into a stream, it’s leaching into the ground, and getting into the water table. It’s a waste. We could be using this to generate power.”

The study, which is available at the Watershed Protection District’s website, shows that the Ojai Valley generates about 50 tons of waste a day, enough to generate in the range of 2 million kilowatt hours of electricity a year. That could power about 200 homes.

Gallagher complimented Sherman and Bill O’Brien, and Ojai generally, for thinking ahead about the issue before the new nutrient load (called total maximum daily load) regulations have been issued, which is expected next month from the LARWQCB.

“What the community has come to is this digester,” Gallagher said. “It’s finding a solution before the problem has really landed. We saw something similar at the Calleguas (Municipal) Water District, which had to find a solution to their salinity problem. They came up with the salinity pipe, and took charge before the regulations were issued, so they had control of their destiny. I think this is an exciting project.”

Public comments will be incorporated into the final report of the study, to be released at the end of April. Contact Ryan.Gallagher@aecom.com to provide comments.

Feb. 28, 2013
Kimberly Rivers, OVN correspondent

The Ojai Valley stands above an ancient, deep, dense, rock formation that holds a lot of oil. Heard of Saudi Arabia and how it has a lot of oil? Well, according to the U.S. Energy Information Administration, the Monterey Shale, from 7,000 to 15,000 feet below ground holds about 15.4 billion barrels of recoverable oil, or about equal to what Saudi Arabia puts out over 10 years. Put another way, the Bakkan Shale, in North Dakota, where the big boom has been happening in recent years, holds a mere 3.6 billion barrels (recoverable).
Could this newly-accessible trove create energy independence for the United States and make California a major exporter of oil?
Local oil fields, including Sisar Creek, Lion Mountain, Sulphur Mountain, Oak View and Shell Road ( on Highway 33 in the Ventura River watershed) are seeing an uptick in activity as oil companies prepare to revamp old wells and pipelines, drill new wells and lay new pipe.
This is encouraging state legislators to scramble to get ahead of the game — because contrary to popular belief, this sort of activity isn’t entirely regulated by the U.S. Environmental Protection Agency.
Bruce M. Kramer, with McGinnis Lochridge & Kilgore in Houston, is recognized as a leading legal scholar of oil, gas, energy and land-use issues. A former law professor at Texas Tech University School of Law, he recently authored a U.S. history of regulation of hydraulic fracturing. Also known as “fracking,” this well-completion technique is increasingly being used to extract oil or natural gas from rock formations by injecting sand, water and chemicals into the ground at high pressure after the normal drilling process has been completed.
Kramer was a presenter last month at a seminar on hydraulic fracturing in Santa Barbara. He discussed the history of fracking and its exemption from federal regulation under the Safe Water Drinking Act. (SWDA) The Energy Policy Act of 2005 (EPACT) has a provision specifically calling out  hydraulic fracturing as being “excluded from the Safe Drinking Water Act’s definition of underground injection.”
This mention of fracking in EPACT makes fracking unregulated under the SWDA which is aimed at protecting the nation’s drinking water supply.
“If we listen to the oil companies, this area is the biggest place they want to target, our community is in their cross hairs,” said State Assembly Member Das Williams, whose district includes the Ojai Valley. “This is a really important issue for our community; we don’t know how many wells have been fracked in Ventura County and the Ojai Area.”
Earlier this week, Williams and Sen. Hannah-Beth Jackson announced two bills aimed at protecting the public’s drinking water.
“Fracking is a significant risk to the health and safety of our community,” said Williams. “These bills attempt to truth test what we are told about fracking.” Williams’ bill, AB-982, charges oil companies with monitoring groundwater near where they frack, by requiring them to test the quality of the water prior to and after fracking. “If hydraulic fracturing is safe, then I don’t understand why they have anything to fear from my bill,” pointed out Williams.
Jackson’s bill, SB-395, takes on the issue of the wastewater created from fracking. The fresh water that is combined with chemicals comes back up after fracking, creating a potentially harmful waste product that could impact water, land and air resources. SB-395 would “require that any fluids brought up during the fracking process be regulated as a hazardous waste by the Department of Toxic Substances Control, giving them the authority to ensure that the appropriate precautions are taken in how the wastewater is transported and disposed.”
The oil and gas industry points out that fracking near and through underground sources of water has been happening in California for decades without any harm. Miriam Gordon, California director of Clean Water Action, counters by saying, “Without monitoring, it’s like putting on a blindfold and saying you don’t see a problem. When no one but the operators know what chemicals are used in the process, it is hard to test to see if they are passing through the shale and other layers and reaching the aquifers,” she noted. “It’s especially challenging when no groundwater monitoring is required, at any time, in relation to the process. We applaud Assembly member Williams for this sensible solution.
The bills come two weeks after the state’s Division of Oil, Gas and Geothermal Resources (DOGGR) testified with other stakeholders in Sacramento before state lawmakers, about the draft regulations put forward by DOGGR.
“There are plenty of problems with the draft regulations. They need to disclose when fracking is happening and what is in chemical mix,” said Williams. “The proprietary secret provision creates a loophole big enough to make the regulations meaningless.”
State law currently allows well operators to claim trade secret protections when it would compromise their competitive edge in the marketplace by releasing such information. The draft regulations include this allowance.
Ventura County Board of Supervisors will be hearing back from the County CEO’s office regarding their questions on hydraulic fracturing at a public hearing April 9 at 2 p.m. Time is allotted for public comment.
Visit www.fracfocus.org for information on wells fracked and voluntarily disclosed. Visit www.conservation.ca.gov to view the DOGGR draft regulations.

Feb. 28, 2013
Tim Dewar, publisher@ojaivalleynews.com

A U.S. Court of Appeals panel ruled “no harm, no foul” Wednesday in the Casitas Municipal Water District’s (CMWD) 2005 lawsuit against the federal government.

On Jan. 26, 2005, CMWD filed suit in the U.S. Court of Federal Claims asserting that the federal government had violated the Fifth Amendment by taking its property without compensation. The suit stems from the 1997 listing of the West Coast steelhead trout as an endangered species and the subsequent need to build a fish ladder at the Robles Diversion Dam.

The completion of the fish ladder, in December 2004, meant the District had to begin diverting approximately 3,500 acre-feet of water each year in order for the ladder to operate properly.

Filed the following month, the lawsuit sought reimbursement of the $9.5 million it spent building the fish ladder and for the water it lost each year.

In October 2006, the Court of Federal claims dismissed Casitas’ claim for the $9.5 million, ruling those costs were considered a normal part of operating and maintaining the water system.

Five months later, the Court ruled in the government’s favor again when it decided that the water used to operate the fish ladder did not constitute illegal taking because this amount did not reduce the water Casitas actually transferred to its customers.

Upon appeal, the Court upheld the dismissal of the $9.5 million breach of contract claim but remanded the illegal takings portion back to the trial court for further proceedings.

At the next hearing, the court reaffirmed that the taking claim could only be applied if Casitas could show that the operation of the fish ladder resulted in a reduction of “beneficial use” of the water to which it was entitled. In this case, the court asserted that this meant water that was actually delivered to customers rather than water stored in the lake for possible future use.

The government argued that the District’s contract with the Bureau of Reclamation provided for the “beneficial use” of up to 28,500 acre-feet per year and Casitas had used, on average, only 17,543 acre-feet per year over the past 40 years. This leaves the District 7,450 acre-feet to deliver before the diverted amount would be a factor.

The court left open the option for the District to refile the case if the amount available to customers were reduced in future years because of the need to operate the fish ladder.

The District also appealed this ruling, claiming the court used the wrong standards for determining “beneficial use.”

It was this appeal that was denied Wednesday.

Ron Merckling, water conservation and public affairs manager for the CMWD said Wednesday that this issue will have to be placed on a future agenda so the District’s board of directors can get legal advice as to its options.

The CMWD board will have a meeting March 13 at 6 p.m. at the Matilija Junior High School auditorium to receive public comment regarding a resolution to form a community facilities district to fund the buyout of Golden State Water Company.

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.

Feb. 26, 2013
Monica Lara, OVN correspondent

The preliminary hearing has been postponed for Ojai’s Amber Workman, 37, who was charged last year for allegedly embezzling $35,000 from the Ojai Eagles Youth Football League.
At a meeting Tuesday at the Ventura County Superior Court, counsels agreed to reschedule the pretrial examination to April 9.
The preliminary hearing will be the last hurdle before the case can be cleared to go to trial. The prosecutor, Deputy District Attorney Tom Steele, will have to establish whether the crime was committed and if there is probable cause to believe Workman committed the crime. Steele could not be reached for comment.
Workman allegedly embezzled up to $49,000 when she was treasurer of the Ojai Eagles nonprofit organization January 2007 to December 2009.
She has been charged with grand theft, a felony offense with a possible punishment of 16 months to three years in jail, according to defense attorney Richard Hanawalt.
Workman pleaded not guilty of the alleged crime at her arraignment in November last year.

Feb. 26, 2013
Tim Dewar, publisher@ojaivalleynews.com

One of the directors of the Ojai Basin Groundwater Management Agency (OBGMA) sees a lawsuit in that group’s future and wants to be prepared.

The agency is tasked with managing water resources in the Ojai Basin.

Jerry Conrow, who represents the Ojai Water Conservation District on the OBGMA board, said the proposed buyout of Golden State Water Company by the Casitas Municipal Water District has started the lawsuit ball rolling.

“I understand enough about the law to know that Golden State Water will defend itself by seeking adjudication,” Conrow explained. “This is going to be a litigation issue. Once you start the ball rolling, it will involve the rest of the users.”

He has asked that when the board meets Thursday it consider hiring an attorney to help prepare for the possible adjudication of those water rights within the Ojai Basin.

“This is a major issue that has been ignored by everyone and I don’t intend to sit idly by and do nothing,” Conrow explained. “Casitas itself has no skin in the game. It is acting for Ojai F.L.O.W. to take away the interests of Golden State.”

Although GSWC officials have stressed that its Ojai service area is not for sale, they contend that CMWD would have to pay a significant amount for its water rights in addition to its land, wells, pipes and other equipment during eminent domain proceedings.

When asked if it has undertaken, or intends to undertake, any steps to begin the adjudication process, Denise L. Kruger, GSWC’s senior vice president of regulated utilities, said, “Golden State Water Company is working with local stakeholders consistent with our role as a founder and member of the board of directors for the Ojai Basin Groundwater Management Agency.”

Because the Ojai Basin’s water rights have never been determined through the adjudication process, it would be up to the State Water Resources Control Board and a superior court judge to determine if GSWC has water rights. Current Ojai Basin well owners would have to participate in the process in order to be granted rights to continue to pump water in the future.

Ojai F.L.O.W. officials have argued that because they are merely a franchisee of the city of Ojai, GSWC does not have water rights and even if they did, those rights would be worthless without the franchise agreement that allows them to operate their system in the city’s rights-of-way.

“To me,” explained Ojai F.L.O.W. member and attorney Ryan Blatz, “this just sounds like a way to drive up the price. I just don’t know where the legal basis is for Golden State to claim they have water rights.”

“This condemnation will have a great impact on the basin and it is obvious to me that the city of Ojai and Ojai F.L.O.W. aren’t concerned with the others who use this basin. They want to pay less for water, but we all want to pay less,” Conrow noted.

The OBGMA board will meet Thursday at 5 p.m. at 428 Bryant Circle. This meeting is open to the public.

Ojai F.L.O.W. will also host a ratepayer workshop March 7 at 6 p.m. at the Ojai Valley Inn. Blatz said current GSWC ratepayers interested in learning more about the buyout and what consequences it might have for them are welcome to attend.

The CMWD board will hold a public hearing March 13 at 7 p.m. at Matilija Auditorium where it is expected to vote on whether to hold the bond election that would finance the proposed buyout.

Feb. 21, 2013
Hannah Guzik, OVN correspondent

Building a biodigester to convert the Ojai Valley’s horse manure into energy makes financial and environmental sense, according to a preliminary report released this week.
The facility would cost about $8.5 million, but would pay for itself within five or 10 years through electricity sales, claims the Waste 2 Energy community group.
“The report is very positive from an economic standpoint,” said Phil Sherman, an engineer and W2E volunteer. “What I’ve been saying all along is, ‘Yes, it’s feasible,’ and now we have a report to prove it.”
The volunteer group will present the latest results from a feasibility study, conducted through the Ventura River Watershed Council using grant funds, at a public meeting from 6:30 to 7:30 p.m. Wednesday in the Chaparral High School auditorium, 414 E. Ojai Ave.
The anaerobic biodigester would convert horse manure, farm waste, landscaping clippings and food scraps from restaurants and schools into methane energy, fertilizer and compost. The methane gas could be burned for heat or used to turn turbines, creating electrical energy that could be sold.
The first portion of the feasibility study, begun in January 2012, found that the Ojai Valley has enough waste to make a biodigester practical. A biodigester would use 50 tons per day of waste, with 23 tons coming from horse waste, 6.3 tons from horse bedding, 1.5 tons from food waste and 19 tons from green waste.
Sherman, who came up with the idea for the  biodigester five years ago, said he’d like to see the facility operate as a cooperative, eventually returning profits to horse owners.
“The best way to make it work would be to form a co-op so that the farmers and ranchers and horse owners that are contributing the raw materials would be eventually able to get some money back,” he said.
According to the earlier feasibility study, the city could create another waste barrel for residents, in addition to the trash and recycling cans already offered. Horse ranchers could put their manure in the barrel and a waste management company, such as E.J. Harrison & Sons, could pick up it up and transport it to the  biodigester.
Debbie Godfrey, owner of Ojai on Horseback, said she likely wouldn’t be interested in joining a co-op because she composts her horse manure and uses it on the 140 fruit trees on her property.
But she said other horse owners she’s spoken with might be interested in giving their waste to a  biodigester, depending on whether there were upfront costs.
“It’s a great idea, instead of just putting it in the landfill, but I think the biggest concern for horse owners is the cost,” she said. “I think most would be resistant to paying to put it in waste containers, because it’s already expensive to have horses. Right now, they’re putting it in the waste bin, which doesn’t cost any extra money unless they’re ordering more waste bins.”
Jolene Hoffman, shelter director of the Humane Society of Ventura County, said she’s waiting to learn more about the  biodigester before deciding whether the nonprofit would be interested in participating.
“Right now we have Harrison trash pick up a dumpster of manure and they recycle it and it seems to be working out fine, but I’d like to be educated more about the biodigester before I make a decision,” she said.
The  biodigester facility would be built on about 2 acres of land zoned for industrial and commercial use, Sherman said.
The feasibility study identified four possible sites, but zeroed in on one located next to the Ojai Valley Sanitary District plant on North Ventura Avenue just south of Casitas Springs. Odors from the facility would be contained inside the building and most likely wouldn’t be noticeable to neighbors, Sherman said.
Currently, most horse manure in the Ojai Valley ends up in the Toland Road Landfill in Santa Paula, although some is composted. It’s possible that, before it can be disposed of, some runoff from the waste ends up contaminating the Ventura River Watershed, posing environmental problems, according to W2E.
Animal waste that flows into the watershed, among other contaminants, can cause algae and bacteria to proliferate, resulting in lower oxygen levels in the water and harming wildlife, including the endangered steelhead trout.
Consultants from the infrastructure firm AECOM are conducting the feasibility study, funded through a $75,000 state grant and $25,000 from the county and fund raising. After they issue a final report this spring, W2E will try to secure grants to begin construction.
If the group begins applying for grants and fund raising this year, the report estimates the  biodigester could be built by 2016, Sherman said.
“That’s probably a pretty conservative figure; and if we got a lot of money upfront and didn’t have trouble with any of the environmental aspects, we could fast-track it,” he said.

Feb. 21, 2013
Tiobe Barron, OVN correspondent

There was standing room only Wednesday night at the special joint meeting of Ojai’s City Council and Planning Commission to discuss zoning amendments that will be part of the Housing Element Implementation. As part of the state-mandated Housing Element, Ojai must prove it can accommodate a portion of projected population growth, in part by designating properties qualified for affordable housing development through a special zoning “overlay.” The overlay adds another dimension to any existing zoning, allowing for higher density development, to the tune of approximately 20 units per acre. Council members and city staff have been considering a combination of properties from a list of 23 compiled by previous officials and consultants, though they are by no means restricted to choosing from this list.
The Carty family owns a parcel of land, one of the listed 23 possible overlay sites, along Maricopa Highway across from Nordhoff High School and the Ojai Meadows Preserve. They have approached city staff about the possibility of developing the property into an affordable senior housing complex. A representative of the Carty family, Lisa Plowman of Peikert Group Architects, LLP, gave a presentation on what the Carty family has proposed for the site, combining a concept review with consideration for the overlay.
“I am rather troubled by the process here tonight where some people could get up and give a 15-minute commercial,” commented Ojai resident Rod Greene.
“I have seen this same presentation three times,” said Mayor Pro Tem Carlon Strobel. “This is not the correct time or place to review this specific project.”
“I agree with Councilwoman Strobel; I think this is an inappropriate venue for these discussions,” said Councilwoman Betsy Clapp.
“It wasn’t the easiest decision (to combine the concept review and overlay discussion),” countered Rob Mullane, Community Development director. “It is such a large site, staff thought it would be beneficial to at least have it introduced.”
Mayor Paul Blatz noted that prior to the joint special meeting, the “vast majority of communication from the public had to do with objections to the development of the Carty property.” Likewise, most public speakers also voiced opposition to the proposed project.
“I live in that neighborhood for a reason,” said Glen Bader, who lives near the Carty property. “Coming up with a multi-unit, two-story affordable housing project is not conducive to the area. How are we even thinking about developing these types of properties, when there are many people who are in danger of losing their homes? We do not have the growth in the community to have this happen, it’s ludicrous … I object to living next to that. I don’t see that as increasing the value of my property, I see that decreasing the value of my property, and I can see class-action lawsuits coming your way.”
Strobel reminded Bader that the city of Ojai is not building a single development itself, and is merely following state requirements. Ojai resident and Ojai Valley Defense Fund Secretary John Broesamle reminded meeting attendees of a different lawsuit from 1979 between the Carty family and the city of Ojai.
“Your predecessors included luminaries,” said Broesamle. “They saw this development as incompatible with the future of Ojai, and that is why the lot is vacant today.”
“I concur with those who oppose dense development on the Carty property,” said Ojai resident Jerry Dunn. Dunn suggested the City Council select numerous small developments instead of choosing the largest site. “That is how towns grow organically.”
“They have been waiting 100 years to do something with that property. It’s not right to try and stop them,” countered Ojai resident Denise Wizman, who also owns property being considered for the overlay.
“There is nothing prohibiting them from doing something within the zoning given them now,” clarified Blatz. The current zoning for the 14-1-acre site allows for one unit per acre.
With so much objection to utilizing the largest available parcel of land for one dense cluster of development, the general consensus of both public and elected officials was that the overlay should be applied to numerous parcels based mostly in the downtown corridor.
“We should consider more properties (not on the list of 23 sites),” suggested Ojai resident Mark Godfrey. “There are a number of vacant parcels in the downtown area, that’s a good way of controlling the impact (of development).”
Clapp suggested the City Council designate districts over which to apply the overlay, as opposed to individual parcels, but city attorney Joseph Fletcher cautioned that could result in over-building in certain areas. Planning Commissioner Paul Crabtree commented that he would like staff to consider walk-ability as a criterion for consideration for the overlay, in keeping with the Complete Streets Program the Planning Commission has been working on. Consultant Thomas Figg urged City Council to proceed in a timely fashion, as missing further deadlines for the Housing Element implementation process will result in Ojai being saddled with higher cumulative numbers.
“We have kind of done this in the worst way possible,” posited Commissioner Troy Becker. “By identifying parcels we’re giving tickets out … I think it’s an entitlement grab.”
Others appeared determined to make the best of a worst-case scenario.
“I would like to see the city’s properties come to the forefront, to see the city take the lead,” said Commissioner Steven Foster. “Kids who grew up here can’t afford to live here. We have got to think about that.”
Blatz polled the commissioners and council members, all of whom favored proceeding with the zoning overlay to many smaller parcels, such as city-owned properties, along with the former bowling alley and others. The matter was a discussion item, so no formal action was taken.
Visit www.ci.ojai.ca.us to view the Housing Element documents.

Feb. 19, 2013
Misty Volaski, editor@ojaivalleynews.com

A recent skimming incident at Ojai Chevron gas station has renewed questions of just how secure we are when we swipe our debit or credit cards.

Ojai Police were notified of a possible skimming device at the downtown Ojai station Feb. 4. When the Chevron card readers were looked at, said Ojai Police Detective Mike Harris, “something suspicious” was found. “We ended up finding two skimming devices, which we took as evidence,” he added.

“We don’t believe any information was taken from that skimmer,” said Chevron owner Paul Robie. “Chances are we caught it within 24 hours.”

According to Harris, skimming devices “are like little circuit boards” which are illegally installed in card readers in order to obtain customers’ account information. Skimmers are attached inside the card reader, under the faceplate. “There’s a wire that attaches to the actual card reader itself … like a plug-in,” Harris explained. Account information can be stored in the device itself or sent to another location wirelessly.

Until investigators learn more, it’s not possible to know how many people may have been affected.

This is not the first time a skimming incident has been reported in the Ojai Valley. In 2009, skimmers were placed in gas stations in Ventura and Santa Barbara counties, including at the Valero gas station in Ojai. At that time, Ventura County Sheriff’s Department officials said that Valero has begun “conducting visual checks of all the gas pumps throughout the day.”

Harris also mentioned another skimming incident at Ojai Gas (formerly Union 76), but did not provide a specific date for that alleged incident.

Capt. Don Aguilar, media relations officer with the Ventura County Sheriff’s Department, said it has been several months since a skimming incident had been reported in Ventura County. The last one occurred in Thousand Oaks in 2012, he said. But “It does happen a lot … especially in L.A., there’s a lot of that going on.”

And it’s not just at gas pumps that skimming occurs. “I have heard of them being used at bank ATMs, mobile ATMs at restaurants and inside gas stations,” said Harris. “I’ve even heard of them using skimmers at businesses.”

Harris acknowledged that technology exists for crooks to obtain credit card information from a card in a person’s purse or wallet. “And the other problem is … they can make up a card. All they have to do is imprint someone else’s information on the magnetic strip,” Harris explained. “They could take their ID and their credit card and put someone else’s information on it.”

Catching the criminals, however, is difficult work — especially because the level of surveillance of card readers varies. But, Harris noted, Sheriff’s Department experts were examining the devices found at Ojai Chevron to see if they can learn details of how they were obtaining customer information.

“It is an organized ring nine out of 10 times,” Harris said. “These are organized people, organized groups doing this.”

That’s why the Secret Service has created its own task force to investigate skimming. Harris said that task force had been notified of the Feb. 4 discovery. “That’s all they do, is this type of investigation, because it’s so easy and prevalent.”

Robie said he takes several precautions at his station. “We do check the pumps daily,” he said. A security seal is also placed over the card reader’s door, “so if it has been tampered with, we’ll know. It’s numbered and they’re sequential. So if you try to open it, the tape will stretch and … ‘open’ will appear on it. Or, if you cut it with a razor blade, we would be able to tell.” He added that he is looking into adding new locks to the dispensers.

So how does one avoid being victimized? First, carry as little information as possible with you.

“You don’t need your Social Security or anything with your Social Security number on it. Because if I have your driver’s license and Social Security, then I’m you,” said Harris. “Don’t use your debit card when you go to unfamiliar businesses … because it is connected to your checking account. Use your credit card, which limits how much liability you have, usually $50 … and, obviously, monitor your statements fairly frequently.”

Wallets also exist that don’t allow would-be skimmers to collect information from the cards inside.

Finally, Harris said, “if something looks wrong with the (card reading) device, if it looks wobbly or if it’s not positioned right, don’t use it. Go inside.”

Think your account has been skimmed? Ojai Police are urging the public to report incidents at 646-1414.

Feb. 19, 2013
Tiobe Barron, OVN correspondent

The Ojai City Council is meeting with the Planning Commission tonight at 6 p.m. to discuss how the city will go about proving that it can accommodate 177 new units of affordable housing.

The Council begrudgingly adopted the state-mandated 2006-2014 Housing Element last October in a 3-to-2 vote, and now, the Council must decide which local properties are appropriate for this type of potential development.

“Under laws of the state, Ojai is required to identify sites that can accommodate a proportionate share of anticipated statewide growth,” according to city staff documents. “Furthermore, to the extent that the needs of low- and moderate-income persons cannot be satisfied through means other than new construction, the city must accommodate these needs through the rezoning of a sufficient number of sites with a minimum density of 20 dwellings per acre.”

“When the Element was first being drafted, in ’08 or ’09, staff and a consultant started with about 100 potential sites, then narrowed that down to about 35 sites,” explained community development director Rob Mullane. “At that point, a special housing element task force became involved, and they narrowed it down to 23 possible sites, and that became the official list.

The list of 23 sites, which is posted on the city’s website, includes several properties owned by the city itself, along with a cluster owned by the Ojai Valley Inn & Spa, one property owned by the Ojai Unified School District in the northwest portion of the Chaparral High School/district office grounds and a property owned by the Carty family on Maricopa Highway.

Because tonight’s discussions are designated public workshops — as opposed to public hearings — staff is not required to notify every property owner on the list of 23 potential sites. Despite this, Mullane believes prior staff members notified most of the owners when the Housing Element was originally being drafted. Mullane believes most of the applicable property owners or agencies reside in Ojai, and a number of them “have come in to the office,” and have been conferring with staff.

“We’re doing a fair amount of outreach to owners,” said Mullane. “We will be sending a notice of public hearing to all property owners.”

So far, property owners seem receptive to being candidates for a zoning overlay, Mullane said.

“When the housing overlay is applied, it provides the opportunity — not the obligation — to do a housing project. The option of residential development is maybe something owners are interested in, (because) it has some economic incentive,” Mullane clarified.

What happens if the city extends that opportunity to a property owner via the zoning overlay, but does not necessarily want a large affordable housing project immediately? “Once the overlay is applied, we wouldn’t be in a position to deny the project, unless it is designed in such a way that is way out of whack with city design standards,” Mullane elucidated. That’s why city officials are urging locals to attend tonight’s meeting to share their opinions on the 23 sites.

Also at tonight’s meeting, attendees and city officials will hear a presentation of a concept proposed by the Carty family for their property on Maricopa Highway, across the street from Nordhoff High School. At just over 14 acres, it is the largest single parcel on the list of 23 possible overlay sites.

“We have gotten several letters from residents opposing development on site four, the Carty family property,” said Mullane. “One reason we have gotten letters is because the applicant opted to notify their neighbors of the concept review, which is something we recommend, but don’t require for concept reviews. This allows for feedback and public input, increased awareness.”

The concerns raised by residents regarding the Carty family property range from an impeded view-shed to an ever-decreasing amount of open space within the city limits.

The Ojai Valley Land Conservancy has approached the Carty family more than once, seeking to protect the lack of development on that parcel. The OVLC recently rehabilitated the Ojai Meadows Preserve, a parcel across the highway from the Carty site.

“The Ojai Valley Land Conservancy works with willing landowners on a voluntary basis to discuss and pursue mutually-desired open space conservation options. We have reached out to the Cartys periodically over the years with an offer to explore potential open space options for their property, but nothing has come to pass,” explained OVLC executive director Greg Gamble.

In a letter addressed to Mayor Paul Blatz and City Manager Rob Clark, Gamble said, “In a nutshell, we would like to see as much of the Carty property as the city deems feasible maintained as open space. We think that use of a portion of the property for higher density housing to help the City meet the Housing Element requirements would be a compromise worth considering, but we would prefer to see any development take place away from Highway 33.”

“I think it is an important discussion,” said Mullane. The Carty property “is the biggest site in the city, and impacts the number of properties needed (for the overlay).” But ultimately, the City Council members will decide which combination of the 23 properties will be granted the affordable housing zoning overlay.

Council and the Planning Commission meet 6 p.m. tonight at 401 S. Ventura St. in Ojai. The regularly scheduled Planning Commission meeting will follow. Visit www.ci.ojai.ca.us for more information and the meeting’s agenda.

Feb. 14, 2013
Kimberly Rivers, OVN correspondent

According to Ventura County Supervisor Steve Bennett, a “lack of disclosure is creating a crisis in confidence at all levels of government.” Bennett testified in Sacramento Tuesday before state lawmakers, at a hearing on hydraulic fracturing. Also known as “fracking,” the process involves injecting water laced with chemicals (and frequently sand) into the ground, usually thousands of feet down, in order to extract oil and gas following a traditional drilling operation. A well may be fracked more than once. Currently 12 wells in the county are listed on the voluntary fracking website www.fracfocus.org.
The hearings, chaired by Sen. Fran Pavley, were a joint meeting of the Senate Natural Resources and Water Committee and the Senate Environmental Quality Committee. The California Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR) put out draft discussion regulations in December 2012. These hearings are meant to inform legislators as they move into the formal regulation process.
The state, local governments and the industry are preparing for what many are calling the next big oil boom. According to a July 9, 2011 report issued by the U.S. Energy Information Administration, “The largest shale oil formation is the Monterey/Santos playa in Southern California, which is estimated to hold 15.4 billion barrels or 65 percent of the total shale resources (for the lower 48 states).”
Santa Barbara County Supervisor for District 3, Doreen Farr, was the first county official to testify before legislators. She began by telling the story of how she discovered that fracking was occurring in Santa Barbara County in 2011. A rancher told her that a company notified him they would be drilling a new well on his property and “bringing in massive quantities of fresh water. I contacted our Planning Department and found that a land use permit was issued for drilling but the applicant made no mention of hydraulic fracturing.” Farr said the applicant was contacted and then “admitted they were using hydraulic fracturing on that well and on another well in the area, but didn’t disclose it because they didn’t see it was required. And indeed, the application process, at that time, was silent on the practice.”
Following that case, Santa Barbara County Board of Supervisors adopted “amplified requirements in our land use code for hydraulic fracturing,” Farr said. “It is rare on any type of land use project that you will see all parts of a county share the same concerns. We heard from everybody, city dwellers, country dwellers, farmers, ranchers, vintners, water districts, in addition to those environmental groups that always follow oil issues very closely.”
The stakeholders were angry that this “could happen without any warning. They wanted a thorough and transparent public process prior to the approval of any fracking operation,” Farr said. “If water becomes contaminated, as one farmer put it, it’s game over. Those wells in Los Alamos and one in the Cuyama Valley … Of those three wells that we know have been fracked, none of them have been listed on fracfocus.org.”
“Ventura County is California’s oldest oil production zone,” Bennett told lawmakers when it was his turn to testify. “The fact that there is a wide variety of wells, aging components, means that fracking requires some special scrutiny,” he said. “In Ventura County, I hear three concerns: one, contamination of our aquifers; two, the use of scarce fresh water for fracking operations; three, that lack of disclosure is creating a crisis of confidence in government at all levels,” Bennett said. “Western Ventura is proud of the fact that we are living within our watershed, not importing water from the state. Our agricultural industry, a $2 billion a year industry, is the third largest in the state, (and) relies almost entirely on our groundwater. Not just water supply, but water quality is important.”
Based on shared concerns, Bennett and Farr suggested additions to the DOGGR regulations. “Consider adding notification of property owners and people that have (water) wells that could be affected. There is the issue of self reporting; the operator has an incentive to potentially interpret data in a different way,” Bennett said. “I would hope that you support full disclosure … Get it all out there; transparency has been the best way for us to decrease concern and allow us to create the best policies. One request: that you consider some quick actions while you are going through the yearlong rule making process. Why not just require the disclosure of all fracked wells? What is it we have to hide?”
“DOGGR hasn’t regulated hydraulic fracturing for 50 years,” Sen. Hannah-Beth Jackson pointed out at the hearings. “Existing federal law allows hydraulic fracturing to be exempted.” Jackson was referring to the federal Energy Policy Act of 2005 (EPACT) which specifically names the process of hydraulic fracturing as being exempt from the definition of “underground injection,” therefore making fracking an unregulated process at the federal level and leaving it up to states to oversee, regulate and permit the activity.
“I have heard today … there are gaps (in the regulation) and about the expansion of fracking, then people talk about we haven’t had problems for 60 years (while fracking has been occurring) … there is a whole level of increased interest,” said Bennett in concluding his comments. “The expansion of fracking brings with it new challenges, a dynamic field. We have unique geography. Generally, a democracy only fixes past problems. I think the challenge for you is to try to proactively anticipate where this is going and try to come up with good government policies that protect the public.”
DOGGR will be holding the first public fracking stakeholder workshop on the draft regulations Feb.19 from 9 a.m. to 4 p.m. at the Doubletree Hotel, 120 S. Los Angeles St., in Los Angeles.
For more information on voluntary fracking reporting, visit www.fracfocus.org; to view the DOGGR draft regulations, see www.conservation.ca.gov/dog; to view the Feb. 12 State legislative hearing, visit goo.gl/hAI3c

Kobe Masuoka (left) and Richard Niles (right), both from Camarillo, are served water on the Agava Maria patio by Maria Esquivel. (photo by Tim Dewar)

To help Ojai residents understand how the proposed buyout of Golden State Water Company might impact the rates they could pay for water, the Oai Valley News will profile several typical Golden State Water Company customers.
We will compare their average water usage at today’s GSWC rates and what those charges would be as a Casitas Municipal Water District customer including the proposed property tax.

Water customer:
Agave Maria Restaurant

Size & type of lot:
Commercial, 2,303-square-foot building

Meter size:
5/8 inch

Annual water usage:
665 units

All charges from Golden State Water Company for 665 units:
$3,410.16

All charges from Casitas Municipal Water District for 665 units:
$1,328.39

Maximum annual bond payment for this lot:
$697.80

Total annual combined bond and CMWD water charge:
$2,026.19

Result:
GSWC charge would be $1,383.97 higher than the combined Casitas charges and bond amount.

If vote was held on the bond today, would customer support it?
Yes.

To complete your own rate comparison, you will need the previous one year’s  Golden State Water Company bills (six bills). On your smartphone or tablet, scan the qr code below or go to http://goo.gl/CSVBd to access the rate calculator.

Select bi-monthly for “How you are billed.” Select pumped for “Gravity or Pumped.” Select residential for “Customer Type.” Find your meter type on your GSWC bill and enter that in the “Meter Size” menu. Enter the number of water units used on each of your six bills. Click the calculate button and make note of the estimated water bill amount. Add these six amounts together.

Next, you will figure the bond amount you would have to pay if it were in effect today. This amount will be added to the estimated water bill amount from the rate calculator and that is the figure you will compare with the total amount paid to Golden State for the year.

For this, you will need to determine the size of your parcel. If you are not sure, contact the Ventura County Assessor’s Office at 654-2181. For single-family parcels larger than one acre, your maximum annual bond payment would be $2,093. For single-family parcels between 22,000 and 43,560 square feet, your maximum annual bond payment this year would be $1,235. For single-family parcels between 10,000 and 22,000 square feet, your annual maximum bond payment this year would be $741. For single-family parcels less than 10,000 square feet, your maximum annual bond payment this year would be $480. Condominium owners would pay $407 annually this year. Commercial property owners would be charged .303 cents for every square foot of non-residential floor space on the property. Industrial-zoned parcels would be charged .159 cents per square foot.

Feb. 14, 2013
Kit Stolz, OVN correspondent

Last August, Ojai’s volunteer Historic Preservation Commission ignited a controversy by bringing to the City Council a proposal for a moratorium on the destruction or substantial renovation of all structures in Ojai 50 years old or older.
That proposal was sharply criticized by members of the City Council. After the proposal was rejected for being overly ambitious — because many buildings in Ojai are over 50 years old, and not all older buildings are worthy of historic status — the Preservation Commission went back to work on a suggestion from Mayor Paul Blatz and other members of the council. The suggestion was that the HPC narrow the list of properties worthy of possible historic preservation status to 20 or so buildings in Ojai whose loss would be truly “detrimental” to the town.
Tuesday evening, Commissioner Craig Walker presented a slide show of the 37 properties in Ojai the HPC thinks should be considered for preservation. The list included many well-known properties, such as Matilija Junior High School, Bart’s Books, and the Isis Theater (now the Ojai Playhouse). Also included on the list were lesser-known properties and houses, such as the James Fox House, built in 1880 in a rare Second Empire style which is now serving after a recent renovation as a dorm for the Weil Tennis Academy; the Oak Glen Cottages on Gridley Road, now privately owned; and the Sarzotti House, built in l906, now used to house a medical office next to Ojai Beverage Company on Ojai Avenue.
This proposal was welcomed by the City Council.
“I think this was exactly what the council requested,” Blatz said. “We want to make sure that we pay attention to those structures that are worthy of historic preservation but haven’t already been given landmark status.”
Already many of the better-known structures in Ojai have been granted historic status, such as the Arcade, the Woman’s Club, and the Libbey House on Foothill Road.
Walker, along with Jolene Lloyd, who serves as the chair of the HPC, stressed that the process was guided by the public response, and that many of the suggestions for properties worthy of historic status came from the public.
“This process is taking place with input from the public,” Lloyd said. “That’s really the only way it can happen.”
Jeff Holland, the pastor of the Presbyterian Church on Foothill Road —- which was included as worthy of historic preservation — expressed concern that a structure built to serve the congregation in 1930 might not be allowed to change with the times.
“We have no issue with the provision that speaks about demolition, but part of the wording of the (historic status designation) speaks about ‘significant renovation,’” he said. “This building was built for the congregation to use, and we have put well over $2 million into keeping it beautiful, but depending on the needs of the congregation, we may need to at some point to come to you and ask for alterations.”
Lloyd, in response, assured the pastor that the commission is well aware that buildings need to be workable in a 21st-century style.
“Usually what ‘significant alternations’ means that it makes a building unrecognizable,” she said. “We are well aware that some of these buildings are 50 years old or 100 years old and you have to be able to live and work in them. Usually what we are looking for is that the building stays within the style of what is there.”
The HPC also brought forward the concept of designating historic districts, such as the Arbolada, which have a unified “look and feel,” and whose loss would be keenly felt. The HPC asked for public comment on the concept.
“Hopefully when people drive around Ojai they will look at neighborhoods, and ask themselves if they feel it is historic, and imagine what it would be like if it was torn down,” said Commissioner Rose Boggs.
The City Council expressed interest in the concept, which can add a premium to real estate sales in the designated area. Lloyd stressed that the commission is aware that the houses in the Arbolada and other potential historic neighborhoods, such as Foothill Road, already have houses built in many different styles.
“A historic district designation doesn’t have to focus on the house, or the details of the house,” she said. “We can also focus on the look and feel of the area.”
Visit www.ci.ojai.ca.us and search “Priority Sites Preservation List” for the full list of sites being considered for historic preservation.

Feb. 12, 2013
Misty Volaski, editor@ojaivalleynews.com

It’s been two months since the words “Sandy Hook” brought school safety, gun control and mental health to the forefront of the national discourse. Schools in the Ojai Valley have used that time to review their existing security policies and create new ones based on extensive discussions with staff, other schools and local law enforcement.
“We want to continue to be both inviting to the overwhelmingly positive number of visitors, mostly parents, and also be ready to deal with the scant few who would seek to disrupt the school,” said Ojai Unified School District superintendent Hank Bangser.
What follows is an overview of the changes made at Ojai’s schools as well as within the Ventura County Sheriff’s Department’s Ojai substation.
Lockdown Drills
Like at all OUSD schools, lockdown drills are a common occurrence at Nordhoff High School. When a lockdown is announced, Ranger students and staff sit on the floor, away from doors and windows, in a group. They also lock doors and windows, close blinds and turn off lights, cell phones and other electronics. Contrary to what they would do in an earthquake or fire drill, students are instructed not to leave their classrooms if a fire alarm is pulled. Students and staff who are outdoors during the lockdown must move to the nearest classroom or “designated safe interior building.” Until the “all clear” is announced, staff will not release students.
The drill is tailored to be age-appropriate at the junior high and elementary schools, to avoid scaring children more than preparing them for a possible emergency situation. “They may use code words instead of ‘lockdown drill,’” explained Bangser.
One private school, Ojai Valley School, acknowledged that it has lockdown or “armed intruder” drills, but declined to offer details on these plans, citing security reasons. Others, such as Oak Grove and Besant Hill schools, simply said they are reviewing and updating their safety plans and policies. OVS and Oak Grove officials said they they have met with local law enforcement to review these plans. Villanova and Thacher schools did not return requests for comment.
“The independent school community has been … sharing best practices,” said Mike Hall-Mounsey, Ojai Valley School president.
Visitor Regulations
OUSD visitors have long been asked to check in at the front desk at each school before proceeding onto the campus. At Nordhoff, they now receive a name badge, which must be returned before the visitor leaves. The staff has been instructed to keep an eye out for — and approach — unfamiliar faces that do not have the bright yellow sticker visible on their person. Those who refuse to check in and get a badge are to be reported immediately to the office.
“Our campus supervisors are great; they rarely let any person slip by unnoticed,” said Nordhoff assistant principal Dave Monson.
Chaparral High School, however, shares its campus with the school district offices, making visitor regulations a bit different. “The campus is open to both streets,” wrote former principal Marilyn Smith and current dean of students Linus Raibys. “And often adults wandering around do not have business at Chaparral but at other parts of the district office complex.”
Communication Tools
Matilija Junior High School principal Bill Rosen pointed out the importance of communication, saying, “Many staff members do carry district radios and personal cell phones and can contact an administrator quickly if the need arises.” The same is true throughout the district, said Bangser.
Nordhoff has also recently upgraded its entire phone system to include phone intercom, Monson said.
Districtwide, officials have implemented a system that can quickly and automatically send out phone calls to parents to inform them of any emergency situation that may occur. In addition, district officials can post updated information on www.ojai.k12.ca.us under “emergency information.”
Sheriff’s Department Involvement
Ventura County Sheriff’s officers at the Ojai Police Station have now collected maps of every school that provide detailed, current information in a consistent format. Before Sandy Hook, “Each school had different kinds of maps that really didn’t meet our needs,” said Capt. Dave Kenney. Some were handwritten; others were outdated, omitting entire buildings.
In an active shooter situation — or any other situation requiring police intervention on campus — officers now know the exact layout of each school. “We know where the science class is, where ‘Quad B’ is, for example,” Kenney said. The maps show all entrances and exits, as well as the surrounding neighborhoods.
And all this information is instantly available to officers at the station as well as in the patrol cars.
Led by Sgt. Steve Arthur, Ojai Police have also reviewed the safety plans of each campus in multiple meetings with school officials. Arthur described the meetings as fruitful discussions to customize the best plans possible for each specific school site. “What works for Mira Monte isn’t going to work for Topa Topa,” he pointed out.
In another effort, Arthur was able to do some creative scheduling and give each school a police presence at consistent intervals. As part of their existing beats — but without costing the department more money — officers now “drop in frequently but randomly” at each school. The plan allows for the same sets of officers to visit the same schools, giving them the opportunity to build a rapport with staff and students.
While officers will be available to staff if needed — for advice, anti-bullying assemblies, etc. — officers will mostly be “in the background,” writing reports and eating their lunches in the parking lots, explained Kenney. “We don’t want to interfere with the educational process … We just want them to feel secure.” Particularly with younger children, Kenney said, familiar faces are less “scary,” so that if an emergency situation were to occur, students would feel more comfortable following directions from a deputy they already knew.
Nordhoff High School still does have a student resource officer on campus as much as possible, a few days a week, as the OUSD and sheriff’s department budgets allow.
Sgt. Arthur said the most important thing, though, is “being up on your training and … being prepared to act” — and to be flexible, depending on where the emergency situation lies in a campus.
Along with his fellow officers around the county, Arthur and the Ojai officers regularly attend training courses organized by the Ventura County Sheriff’s Office, which are especially important as new information and studies come to light. In the past, drills across the country often directed students to “go to their home rooms,” Capt. Kenney said. “But that might not be the safest place … that could send students right into the line of fire.” And, particularly before Columbine, officers would set up a perimeter around an active shooter. Now, said Kenney, “we will go directly toward the action.”
Ultimately, “we don’t want people to feel helpless, or have something happen and people say, ‘Oh, I knew there was something weird about that guy.’”
“If you see something, say something,” emphasized Arthur. “Tell somebody so we can make a threat assessment … you could be the first step in preventing another tragedy.”

To help Ojai residents understand how the proposed buyout of Golden State Water Company might impact the rates they could pay for water, the Oai Valley News will profile several typical Golden State Water Company customers. We will compare their average water usage at today’s GSWC rates and what those charges would be as a Casitas Municipal Water District customer including the proposed property tax.

Water customer
Allen Bertke and Liz Currie

Size & type of lot
More than 43,560 square feet. Customer has four acres and five horses

Meter size
1 inch

Annual water usage
864 units

All charges from Golden State Water Company for 864 units
$4,816.14

All charges from Casitas Municipal Water District for 864 units
$2,015.19

Maximum annual bond payment for this lot
$2,093

Total annual combined bond and CMWD water charge
$4,108.19

Result
GSWC charge would be $707.95 higher than Casitas charges and then bond amount.

If vote was held on the bond today, would customer support it?
Yes.

To complete your own rate comparison, you will need the previous one year’s  Golden State Water Company bills (six bills). Click here to go to the online rate calculator.

Select bi-monthly for “How you are billed.” Select pumped for “Gravity or Pumped.” Select residential for “Customer Type.” Find your meter type on your GSWC bill and enter that in the “Meter Size” menu. Enter the number of water units used on each of your six bills. Click the calculate button and make note of the estimated water bill amount. Add these six amounts together.

Next, you will figure the bond amount you would have to pay if it were in effect today. This amount will be added to the estimated water bill amount from the rate calculator and that is the figure you will compare with the total amount paid to Golden State for the year.

For this, you will need to determine the size of your parcel. If you are not sure, contact the Ventura County Assessor’s Office at 654-2181. For single-family parcels larger than one acre, your maximum annual bond payment would be $2,093. For single-family parcels between 22,000 and 43,560 square feet, your maximum annual bond payment this year would be $1,235. For single-family parcels between 10,000 and 22,000 square feet, your annual maximum bond payment this year would be $741. For single-family parcels less than 10,000 square feet, your maximum annual bond payment this year would be $480. Condominium owners would pay $407 annually this year. There are also rates for commercial and industrial property owners that we will give when we profile those types of properties.

Feb. 7, 2013
Monica Lara, OVN correspondent
A review of 37 possibly-historic Ojai properties will be discussed at a joint meeting of the Ojai Historic Preservation Commission (OHPC) and the Ojai City Council Tuesday.
The OHPC is expected to take on the responsibility of conducting building project reviews of potentially-historic sites.
Tuesday’s public meeting, which is set for 6 p.m., was scheduled to develop guidelines for the review process.
The goal is to protect these structures from demolition or substantial modifications, according to Rob Mullane, Ojai’s community development manager.
“(The) reality is, there is already a lot of protection and every project has to be reviewed by the Planning Commission, but there is nothing in place to prevent these buildings from getting torn down and it’s about having the appropriate body in place to review the projects,” Mullane said.
When tasked by the City Council to identify Ojai’s important sites last year, the OHPC had recommended include all buildings 50 years and older. The  Council — and many local residents — didn’t support that idea because it would have included too many structures, according the Mullane.
They have since narrowed it down to 37 properties including some single-family homes, Ojai City Hall, the Ojai Unified School District offices (which include Chaparral High School), and some commercial buildings, such as Bart’s Books.
“These are buildings the community would be upset if they were torn down,” Mullane said.
Tuesday’s meeting is expected to allow for more community input on the select properties and direction of the overall preservation effort.
“Nothing has been decided yet,” said Jolene Lloyd, OHPC chair.
The buildings identified in the effort will be given the title “priority sites for historic preservation,” which does not have the same strict project limitations as historic landmarks.
“We are not concerned about changing windows or painting buildings, we are more concerned about protecting the history of Ojai some of which has been part of Ojai for more than 100 years,” Lloyd said.
The next step will be for the Commission to establish the set rules for what property owners will have to do if they want to modify their building once it is deemed a priority site.
It may take more than six months to establish all the details, according to Mullane.
Property owners will have an opportunity to provide input if they do not want their property included on the priority site list, according to Mullane.
Visit www.ci.ojai.ca.us for more information and an agenda.

Holly Thrasher stands outside her home where water costs forced them to replace much of their landscaping with low-water alternatives. (photo by Tim Dewar)

To help Ojai residents understand how the proposed buyout of Golden State Water Company might impact the rates they could pay for water, the Oai Valley News will profile several typical Golden State Water Company customers. We will compare their average water usage at today’s GSWC rates and what those charges would be as a Casitas Municipal Water District customer including the proposed property tax.

Water customer
Wiley, Holly and Vance Thrasher

Size & type of lot
Less than 10,000 square feet, residential

Annual water usage
164 units

All charges from Golden State Water Company for 164 units
$993.84 annually

All charges from Casitas Municipal Water District for 164 units
$404.77 annually

Maximum annual bond payment for this lot
$480

Total annual combined bond and CMWD water charge at today’s rates.
$884.77

Result
Golden State Water Company’s annual charge is $109.07 more than comparable CMWD rates combined with the bond amount.

If vote was held on the bond today, would customer support it?
“I think so. It (Golden State rates) is just going to continue to go up if we stay with Golden State.,” – Holly Thrasher

To complete your own rate comparison, you will need the previous one year’s  Golden State Water Company bills (six bills). Go here to access the rate calculator.

Select bi-monthly for “How you are billed.” Select pumped for “Gravity or Pumped.” Select residential for “Customer Type.” Find your meter type on your GSWC bill and enter that in the “Meter Size” menu. Enter the number of water units used individually for each of your six bills. Click the calculate button and make note of the estimated water bill amount each time. Add these six amounts together.

Next, you will figure the bond amount you would have to pay if it were in effect today. This amount will be added to the estimated water bill amount from the rate calculator and that is the figure you will compare with the total amount paid to Golden State for the year.

For this, you will need to determine the size of your parcel. If you are not sure, contact the Ventura County Assessor’s Office at 654-2181. For single-family parcels larger than one acre, your maximum annual bond payment this year would be $2,093. For single-family parcels between 22,000 and 43,560 square feet, your maximum annual bond payment this year would be $1,235. For single-family parcels between 10,000 and 22,000 square feet, your annual maximum bond payment this year would be $741. For single-family parcels less than 10,000 square feet, your maximum annual bond payment this year would be $480. Condominium owners would pay $407 annually this year. There are also rates for commercial and industrial property owners that we will give when we profile those types of properties.

Ojai Mayor Paul Blatz relaxes outside his home.

To help Ojai residents understand how the proposed buyout of Golden State Water Company might impact the rates they could pay for water, the Ojai Valley News will profile several typical Golden State Water Company customers.
We will compare their average water usage at today’s GSWC rates and what those charges would be as a Casitas Municipal Water District customer including the proposed property tax.

Water customer:
Paul Blatz, city of Ojai mayor
Size & type of lot:
25,233 square feet, residential
Bimonthly average water usage:
59 units
All charges from Golden State Water Company for 59 units:
$407.97 bimonthly
All charges from Casitas  Municipal Water District for 59 units:
$118.96 bimonthly
Maximum bimonthly bond payment for this lot:
$205.83
Total bimonthly combined bond and CMWD water charge:
$324.79
Result:
GSWC charge would be $83.18 more bimonthly
If vote was held on the bond today, would this customer support it?
Yes

To complete your own rate comparison, you will need your latest GSWC bill. Go here to access the online rate calculator.

Select bi-monthly for “How you are billed.” Select pumped for “Gravity or Pumped.” Select residential for “Customer Type.” Find your meter type on your GSWC bill and enter that in the “Meter Size” menu. Enter the number of water units used. This figure should be an average of your last year’s total usage divided by six. Click the calculate button and make note of the estimated water bill amount.

Next, you will figure the bond amount you would have to pay. This amount will be added to the estimated water bill amount from the rate calculator and that is the figure you will compare with your bimonthly average amount paid to Golden State.

For this, you will need to determine the size of your parcel. If you are not sure, contact the Ventura County Assessor’s Office at 654-2181. For single-family parcels larger than one acre, your maximum bimonthly bond payment for this year would be $348.83. For single-family parcels between 22,000 and 43,560 square feet, your bimonthly bond payment this year would be $205.83. For single-family parcels between 10,000 and 22,000 square feet, your bimonthly bond payment this year would be $123.50. For single-family parcels less than 10,000 square feet, your bimonthly bond payment this year would be $80. Condominium owners would pay $67.83 bimonthly. There are also rates for commercial and industrial property owners that we will give when we profile those types of properties.

Feb. 5, 2013
Chris T. Wilson, OVN correspondent

In recent weeks Ventura County Parks Department did a round of semi-annual herbicide spraying along the Ojai Valley Trail — to the chagrin of several concerned citizens.
According to parks officials, the most effective means for controlling weeds along pathways is with spot-spray treatments of the common herbicide glyphosate, which is the main active ingredient in the over-the-counter name-brand herbicide RoundUp® by Monsanto.
Parks manager Theresa Lubin explained that with her budget and staffing levels, use of Roundup is the safest and most cost-effective way the county has found to control weeds along the pathways.
Lubin said the department spends between $25,000 and $30,000 annually to maintain 5,000 acres of trail area. The Ojai Valley Trail alone is 18 miles long from its start at Soule Park Golf Course to its end in Ventura near the beach. With just five county parks employees working to maintain the trails, there simply isn’t the time or resources to remove weeds any other way, Lubin said.
According to Lubin, the parks department has authorized the use of Roundup® a broad spectrum herbicide manufactured by Monsanto Corporation because it is considered safe, is available over the counter at any hardware or garden supply store and can be applied without a permit.
“From our perspective we don’t have the staff to remove weeds by hand,” Lubin said. “We’ve had a few people complain specifically about the spraying; not a lot. The complaints are mostly generic complaints about sensitivities to any type of chemicals.”
Lubin said the department does field complaints from cyclists who get flat tires from running over the common weed known as puncture vine, or goat heads. Lubin said, “It’s dangerous, so that’s one of the complaints we get about weeds growing by the trail.”
Kelly Pasco, one of the owners of the MOB Shop bike shop in downtown Ojai, said he doesn’t get a lot of complaints about weed control sprays being used along the trail, but that goat heads are better than pedaling through a mist of chemical spray drift.
“There’s nothing worse than the smell of RoundUp® in the morning,” Pasco said. “Also when they do weed whacking along the trail, the goat heads will spread on the bike path. But I’d rather have to deal with goat heads than have to breathe RoundUp®. There’s water there near the trail and lots of reasons we should be using less chemicals.”
Lubin’s response to critics has been to update both the county park’s website and the parks Facebook page with information on when and where spraying is set to occur.
“We put a notice up on the website and put signage along the trail when we are going to spray,” Lubin said.
Ojai physician Dr. Robin Bernhoft, who specializes in treating many types of chronic illness, said he has treated patients for symptoms related to acute exposure to herbicides such as Roundup. He said the symptoms can include burning eyes, head ache, rashes and blurred vision. “They breathe this stuff and 30 minutes later they can’t remember where they are going,” Bernhoft said.
An active proponent of seeking alternatives to chemical herbicide use, Bernhoft said he presented 63 peer-reviewed journal articles to Ventura County Supervisors at a public hearing on the issue last year, all of which showed correlation between glyphosate use and increases in certain cancers and Parkinson’s disease. Further, Bernhoft said he presented evidence that spraying of glyphosate in Topanga and Pasadena was shown to be ineffective at eradicating the “invasive non-native” reed grass known as Arundo Donax. “The stuff is ineffective and yet they keep spraying it,” he said.
Bernhoft claimed studies that have shown glyphosate to be safe were found to have been funded by Monsanto. One such study, published in the Journal of Toxicology and Environmental Health in late 2011, claimed that “no solid evidence linked glyphosate exposure to adverse developmental or reproductive effects at environmentally realistic exposure concentrations.”
The review authors included a “thank you” to Monsanto for funding their research. “The cat’s out of the bag on this one,” Bernhoft said. “Monsanto funded its own research to say their chemicals were safe. But in my humble opinion it’s insane to be spraying this stuff.”
Patty Pagaling leads the Pesticide Free Ojai group, which has changed its tack from big to small; instead of trying to eliminate the use of pesticides through negative propaganda, the group is now focusing on educating Ojai Valley gardeners and residents to transition to organics. “We’re really trying to come at it from a positive standpoint and show people that there are alternative ways to control weeds and pests without using poisons,” she said. In April organic farmer Steve Sprinkel of The Farmer and The Cook organic grocery and restaurant in Meiners Oaks will present a lecture on natural weed management techniques. Visit www.transition-to-organics.org to learn more about that event.
Meanwhile, the county parks department continues to use glyphosate on an as-needed basis. To learn more about the County of Ventura’s pest and weed management policy and find calendars of upcoming poison spraying visit www.venturaparks.org or log on to Facebook and search for “Ventura County Parks Department.”

Jan. 31, 2013
Maria Saint, OVN correspondent

“When there is a cure we’ll dance for joy. Until then we will dance for life.” That’s the tagline for the UCLA Dance Marathon, an event in which participants dance — for 26 hours straight — to raise money for the Pediatric AIDS Coalition at UCLA.
The 2013 event, slated to begin Feb. 16, will be the second year in which Nordhoff High School graduate Barbara Horne-Petersdorf, 19, will take part. Currently studying at UCLA, Horne-Petersdorf is on a committee with her sorority, Alpha Phi, this year.
“The Dance Marathon is on the top 10 things to do at UCLA before you graduate,” Horne-Petersdorf said. “I danced last year, and once I did that, I really got into it. This year I joined the committee for it. I’m on the Greek Relations Committee, so I work with Greek life at UCLA to get as many dancers as possible and to get as many donations as possible.”
When she danced the year before, she was asked to try to raise at least $250, but as a committee member, she must double that. This year’s goal for the event is to break $500,000, which will go to the Elizabeth Glaser Pediatric AIDS Foundation, Project Kindle (a free summer camp program for HIV-affected children) and the UCLA AIDS Institute, an organization  dedicated to the eradication of HIV and AIDS.
Horne-Petersdorf, a political science and environmental studies major, said it means a lot for her to be a part of this event.
“Now that I’m on committee, I have communications with these kids before the actual event. They’re just excited about it as we are. We donate close to $500,000 in 26 hours, so we really make a big impact,” she said.
According to her mother, Rikki Horne, the UCLA student is no stranger to community service.
“You can’t grow up in Ojai without being exposed to the rewards of volunteering and community service,” said Horne, who is on the Ojai Unified School District board of directors. “Barbara began early on at our homeless shelter and continued volunteering through her Jewish youth group and temple, the Ojai Library’s after school homework center and Nordhoff High School’s Interact Club.”
Horne added that she’s proud that her daughter has “carried this important aspect of life to UCLA and to such a worthwhile cause. That dance is involved is a bonus for Barbara, who has been dancing in some form since she was 3 years old. Community service is a win-win situation where the receiver and giver both benefit and the world is that much better off. No one can do it all, but everyone should try to do some part in healing our world.”
Other than working as a committee member for the Dance Marathon, Horne-Petersdorf also interns for TreePeople, an environmental nonprofit organization, twice a week. She also interns for an upcoming smartphone app called GonnaBe and is on the UCLA Homecoming Committee.
“I like to keep myself busy,” she said, adding that after UCLA, she would like to go to law school.
As for the Dance Marathon, Horne-Petersdorf said that there is no training involved to prepare for the event.
“You just got to have the stamina to dance and stay on your feet for 26 hours. …  It’s like a big dance party,” she said, sharing that she will do some dancing at the marathon, but will be mostly helping out at booths and keeping morale up for the dancers.
Horne-Petersdorf said that a lot of energy drinks will be the strategy to keep moving for the event’s duration.
“It’s such an experience that time flies. It’s fun, but you also feel great about yourself,” she said. “The event is bigger than us — bigger than one person. When you see these kids that are infected with HIV and they have such a positive outlook, you don’t really think about your feet hurting or anything like that.”
Visit http://bruindancemarathon.org for more information.

Approximately 150 people attended Tuesday’s meeting at Nordhoff High School. (photo by Tim Dewar)

Jan. 30, 2013
Tim Dewar, publisher@ojaivalleynews.com

Approximately 2,800 Ojai residents are one step closer to having a new water supplier along with, they hope, lower rates.

Approximately 150 people attended a special meeting of the Casitas Municipal Water District (CMWD) Board of Directors Tuesday evening. Some shared their opinion of a proposed buyout of Golden State Water Company’s (GSWC) Ojai service area by CMWD. Most just listened as the CMWD Board began the process that could merge the current GSWC customers into the Casitas service area.

During the public comment section of the meeting, 12 speakers encouraged the Board to move forward with their plans, four were firmly against any merger and eight others urged caution or more study of the issue.

The proposed plan calls for Casitas to form a community facilities district (CFD) that, if approved during an election that would likely be held in July 2013, would add a tax to those parcels currently in GSWC’s Ojai service area. The bond would have to receive a yes from a 2/3 majority of those voting in the election. Some parcels owned by public agencies such as the Ojai Unified School District and by nonprofit organizations, would be exempt from the tax.

OUSD Superintendent Hank Bangser attended the meeting and told the Board that last year, the District paid $150,000 to Golden State for water last year. Had the District been a Casitas customer, he noted, it would have paid $50,000 less. “That is a huge difference,” he added.

Most of those urging caution or who were opposed to the plan were current CMWD customers concerned that the merger would cause their rates to increase. Several expressed dismay that they were not notified by CMWD of the special meeting.

The Board’s attorney, John Matthews, tried to explain several times that only registered voters within the current GSWC’s Ojai service area will be allowed to vote because the parcel tax needed to complete the buyout would only be attached to parcels within the proposed CFD, not to those of current CMWD customers.

If the bond is approved, GSWC could make a purchase offer to GSWC. Because the private water company has indicated its Ojai service area is not for sale, the next step for CMWD would likely be to petition for eminent domain proceedings in court. GSWC’s franchise agreement with the city of Ojai provides for the use of eminent domain should the city decide to take back the system from Golden State.

One speaker, David Norrdin, told the Board the eminent domain process goes against traditional American values.

Later in the meeting, citing the franchise agreement’s allowance of eminent domain, Board member Bill Hicks disagreed. “To say that people don’t have the right to do this is just wrong in my opinion.”

Bob Daddi, a member of Ojai Friends of Locally-Owned Water (F.L.O.W.) — the group that started the petition drive that collected more than 2,000 signatures encouraging CMWD to take on the fight — dismissed the concerns of those outside the CFD. “Only 2,900 users will pay for the bond, the infrastructure and all the fees and costs for having this thing happen. Please let us vote on it.”

The final audience member to speak, Robert Feiss, said it was disingenuous for those who don’t live in the community to come to the meeting and try to say what would or would not be beneficial for the community. “This effects property values and the business community. The CPUC has never, ever served this community,” he stated. “Serve us better and allow this to go to a vote.”

Conspicuously absent from the speaker’s podium were representatives from GSWC, which had no one come forward to speak on its behalf when given the opportunity. Wednesday, GSWC Vice President of Operations Patrick Scanlon released a written statement indicating that while GSWC representatives were at the meeting, Casitas’ actions prior to the meeting kept them from speaking. “Given the lack of adequate public notice, the refusal to provide a courtesy copy of the presentation in advance, and that an invitation to speak was not extended until well after the meeting began, it is clear that Casitas Municipal Water District Board Members wanted a predetermined outcome,” Scanlon wrote. “We believe Golden State Water Company customers and Casitas Municipal Water District customers deserve more disclosure than what they heard last night.”

Sen. Hannah-Beth Jackson, unlike her predecessor Tony Strickland, supports efforts to bring the issue to Ojai voters. Her spokesperson, K.K. Holland spoke at the meeting, reaffirming Jackson’s belief that the voters should be allowed to decide this issue.
Four days before leaving office — after losing the November election to Jackson — Strickland sent a letter to CMWD officials supporting GSWC. “As the State Senator for the District representing the Casitas Municipal Water District (Casitas) service area, I am very concerned with the Board’s actions to move forward with forcibly acquiring Golden State Water Company’s Ojai property by eminent domain,” he wrote. “There is no financial, environmental or agricultural benefit and puts current and future residents, businesses and farmers at risk.”
Despite no longer holding office, Strickland continues to impact the discussion. Three of his former local staff members, Sean Paroski, Jennifer Masterson and Chris Collier, spoke at the meeting, however, none identified themselves as having a previous staff position with Strickland. Masterson identified herself as a Ventura resident and said she was a little dismayed that written notice of Tuesday’s meeting had not been sent to all Casitas customers that might be impacted. Paroski identified himself as being on the executive board of the Ventura County Republican Party, but indicated that his group had not taken an official stance on the issue. He opposed the project, saying that eminent domain should be reserved for issues of overwhelming benefit to the community. Paroski’s twitter page identifies him as the government affairs director with the Camarillo Chamber of Commerce. Collier, who said he was born and raised in Ojai, but is now a Ventura resident, ask the Board if they would be willing to guarantee that Ventura ratepayers would not be on the hook for any costs associated with the buyout.

At the end of the two-and-a-half-hour meeting, the Board took three votes. All were passed unanimously.

The first vote was to approve the goals and policies for establishing and using the CFD under the Mello-Roos Community facilities District Act of 1982.

The second vote was a resolution declaring the Board’s intent to move forward with establishing the CFD and to levy taxes to pay for it. This included setting a date for the first public hearing on the matter. It was scheduled for March 13 at 6 p.m. at the Matilija Junior High School auditorium. At the public hearing that night, should the Board vote to move forward with the resolution of formation, the bond election would be scheduled for 90 to 180 days from then.

The third vote was a resolution declaring the Board’s intent to reimburse itself from the bond proceeds for the costs associated with the buyout.

Editor’s note: this story was changed Jan 30 at 3:15 p.m. to reflect the addition of comments from a GSWC spokesperson and it was changed Jan. 31 at 2:46 p.m. to reflect additional comments by speakers. It was also revised Feb. 4, 2013, to remove the name of someone identified as having attended the meeting.

The potholes plaguing Lomita Avenue will soon be gone when a county road project resurfaces the street and adds bike lanes. (photo by Tim Dewar)

Jan. 29, 2013
Hannah Guzik, OVN correspondent
Meiners Oaks Elementary students will soon have a safer route to school thanks to a county project to add bike lanes to West Lomita Avenue.
The resurfacing and widening project will begin Feb. 11.
“I absolutely think it will help with students that commute to school by foot and by bus,” said Meiners Oaks Elementary principal Dawn Damianos. “Since there’s no designated area for bikes to be riding right now, I think it isn’t very safe.”
More than 50 students walk or ride their bikes to school each morning, and those numbers increase on Wednesdays, when the school encourages students to use alternative transportation. “Our crosswalk is a busy place in the morning,” Damianos said.
There haven’t been any major crashes or injuries in the area in recent years, according to the county.
The project includes repaving West Lomita Avenue between South Lomita Avenue and Rice Road and creating bike lanes on that portion of the road up to about a block from the school.
“This improved bike connection between Meiners Oaks school and the neighborhoods along Rice Road is something that the school PTO and community members have requested, and so the county sought grants for the project,” Ventura County Supervisor Steve Bennett said.
Between Feb. 11 and Feb. 28 crews will widen West Lomita Avenue from La Luna Avenue to 90 feet south of Besant Road. The street will be repaved in early March and the project should be finished by the end of March, according to Bennett’s office. Traffic on parts of West Lomita Avenue will be restricted to half of the roadway during the pavement widening and overlay, Bennett’s office said. One lane will be open at all times, with flagmen directing traffic.
Oxnard’s Toro Enterprises is doing the construction, which will cost about $335,000, Bennett’s office said. The entire cost of the project, including previous environmental surveying and engineering work, is $582,218, according to the county. A federal Congestion Management and Air Quality grant provided $238,000 for the project, and the rest of the funding is coming from the County Road Fund.
The bike lanes and street widening may also help boost businesses in the area, said David Skaggs, owner of The Ranch House restaurant, which is at the corner of West Lomita and South Lomita avenues.
“I think it’ll be great for everybody — residents as well,” he said. “It’s certainly good to improve Meiners Oaks. This will be another step forward.”
West Lomita Avenue is a well-traveled street because it runs between Highway 33 and Rice Road, Skaggs said.
“Any improvement there is going to be magnificent,” he said. “I’m looking forward to the work starting.”
The bike lanes will connect to those recently created on South Lomita Avenue, which lead to the school.
The county also plans to extend the Meiners Oaks bike lane about a mile south of Lomita Avenue, creating a seamless route to school for students who live in the Rice Road neighborhood.
At Bennett’s request, the county moved that project to the top of its list for bike-lane improvements, although it still must find funding for the work, he said.
“This would complete the bike lane between the school and the Rice Road neighborhoods, and also provide a safer route for cyclists into and out of Meiners Oaks,” he said.
The county is also working to install sidewalks between El Roblar Drive and the school. Construction on that project should begin by the end of this year, according to Bennett’s office.
“These projects will all fit together to make Meiners Oaks a more rideable and walkable community and support bike riding around the valley,” Bennett said.

The Casitas Municipal Water District public hearing, regarding the takeover of the Golden State Water Company’s Ojai service area will be Tuesday (tonight) at 6 p.m. at the Nordhoff High School cafeteria. Here are some quick facts leading up to the  public hearing.
• $60 million is the maximum amount that Casitas Municipal Water District directors will ask the voters to approve for the proposed purchase of Golden State Water Company.
• Under the proposed guidelines for the establishment of the community facilities district, the Ojai Unified School District facilities would not be taxed to help pay for the bond. This will result in a significant savings to the OUSD, and ultimately to those who are taxed to help pay for its operation (there are significant numbers of taxpayers who live outside the boundaries of the CFD who would have been taxed to help pay for the bond had CMWD not exempted them)
• Here is the table that outlines the maximum each parcel would be charged annual. This is only for the special tax to pay for the bond and will be over and above the applicable water charges paid to Casitas for actual water service. That amount can be figured on the CMWD website’s rate calculator.

• To find out if your home or business will be included in the proposed Casitas Municipal Water District Community Facilities District 2013-1 see the map and list of parcel numbers here.
  (select the 01/29/13 package link)
• For those who can’t attend the Casitas Municipal Water District public hearing Tuesday at 6 p.m., there are plans to televise it live on Time Warner Cable ch. 10. The Nordhoff High School cafeteria’s capacity is reportedly 125, so that will fill up fast.
• To find out if your home or business will be included in the proposed Casitas Municipal Water District Community Facilities District 2013-1 see the map and list of parcel numbers here. (select the 01/29/13 package link)

Ice hangs from a Pixie tree during a recently cold snap. (photo by Emily Ayala)

Jan. 24, 2013
Hannah Guzik, OVN corrrespondent

As much as 40 percent of Ojai’s Pixie tangerine crop could have been lost in early January’s cold snap, but growers won’t be able to tell the extent of the damage for a few more weeks.
The Ojai Pixie Growers Association was hoping to bring in its biggest crop ever this year, but as many as 8 million pounds of tangerines may have been damaged by frost during four consecutive nights of below-freezing temperatures, said Emily Ayala, association member and secretary.
“Ojai has varied topography, so the fruit on the edges of the valley was warmer and is fine,” she said. “It’s the fruit in between that we’re not real clear on. As it grows, it’ll show if it’s damaged.”
The association knows that about 1.2 million pounds of pixies, primarily on the valley’s fringes, survived the cold nights of Jan. 11 through Jan. 14, she said.
Ojai has about 400 acres of tangerine trees and the association was hoping they would produce more than 2 million pounds of sellable fruit this year. The tangerine crop brings about $2 million to the valley annually, Ayala said.
California’s Central Valley produces the bulk of the state’s tangerines, on 40,000 acres, so that region sets the price of the fruit each year, depending on yields.
“If they got frozen out, we get to raise our prices,” Ayala said. “We’re waiting to see how much damage there was.”
One large Central Valley grower hired 400 pickers three days before the freeze to try to save as much fruit as possible, she said.
The area’s last significant freeze occurred in 2007, when Ojai lost between 30 and 40 percent of its Pixie crop, Ayala said. Other crops were also damaged, and the California Farm Bureau set up a relief fund that year to help agriculture workers, she said.
“In a freeze, it’s not necessarily the landowner or farmer who’s hit worst, but the (agricultural) employees or pickers,” she said. “Those are the people living check to check, and they suffer.”
When tangerines freeze, the vesicles of juice inside them burst, causing the fruit to dry out over time. Low temperatures can also result in dark spots on the peel of the fruit.
To try to prevent frost damage, growers run wind machines to bring warmer air to ground level and irrigate trees, because when water freezes, it gives off small amounts of heat. Tangerine growers don’t like to see temperatures dip below 32 degrees, and during this month’s cold snap, the mercury fell to 24 degrees on the valley floor at least once, Ayala said.
Ojai has 42 farmers who grow pixies, and 30 of those are in areas where temperatures dipped significantly, Ayala said. She expects to see the most damage in the coldest parts of the city, along Boardman Road and Ojai Avenue.
“A lot of growers in Ojai are small, 5- to 10-acre growers, so something like this — with the cost of the land and the water so high that farmers are barely making it anyway — might be enough to send someone to call up the bulldozer and say forget it,” she said.
Jim Churchill, who grows tangerines and avocados on 17 acres in Ojai’s East End with his wife, Lisa Brenneis, said temperatures fell to 26 degrees at least once in his orchard, but didn’t stay low long enough to damage his crop.
“We think that our particular orchard is OK, but we suspect there are orchards in other parts of the valley that got colder for longer,” he said.
Churchill got little rest during the cold snap because he was constantly monitoring temperatures so he would know when to switch on his wind machines and irrigate, he said.
Growers have spent nearly a year tending to the tangerines and watering them through the hot summer, so it’s extremely frustrating to have a cold snap so close to the March and April picking season, Ayala said.
If consumers happen to bite into a dry tangerine, they should return the fruit to the grocery store where they bought it. Some unscrupulous farmers try to sell their frost-damaged fruit, which is illegal, Ayala said.
“I always tell people, if you buy a tangerine that’s dry, you should return it to the store,” she said. “Everybody loses when people sell bad fruit.”
The Ojai Pixie Growers Association has a “zero-tolerance policy” against selling frost-damaged fruit, Ayala said.
“We really focus on selling the best fruit,” she said. “We think we have the best tangerines in the world, but we’re a little biased.”

Jan. 24, 2013Tiobe Barron, OVN correspondent

Amid objections from area residents Ojai officials are wrestling with how to implement a state-mandated Housing Element to its General Plan.

The state requires each city to show it could accommodate its fair share of affordable housing units. If necessary, the cities must rezone portions of their communities to somehow accommodate the additional units.

The state has decided Ojai should be responsible for 433 affordable housing units during the 2006 to 2014 housing cycle. According to state estimates, it is 177 units shy of that goal.

Additionally, the state mandates that cities may not prohibit three-story buildings as a blanket rule, fearing such restrictions could stymie development.

“We are now in the stage of putting meat on the bones, of crafting ordinances to support the policy you adopted,” explained consultant Thomas Figg, during a presentation at Tuesday night’s Ojai City Council meeting. “Let’s talk about community context, because this has always been a recurring theme — the thought that 20 units per acre is going to translate into a change in the fabric of the community. The reality is that you already have some 20-odd properties that are 20 units per acre or more. So it isn’t as if the community does not already have high-density development.”

At this last statement, Councilwoman Betsy Clapp told Figg to keep his opinions to himself.

Clapp gave a presentation of her own, showing slides of locations around the city from which the Topa Topa Mountains are currently visible, but that could potentially be blocked by three-story structures.

“If that (zoning change) occurs, we can’t say ‘no’ (to three-story development). Oh, sure we can ‘design it differently.’ We can put lipstick on a pig,” said Clapp. “Don’t fool yourself. And don’t patronize us with that crap. The reality is it would destroy our community, destroy our way of life, destroy our economy.”

Many Ojai residents echoed similar concerns.

“This is a threat to our fragile fiscal and physical environment,” said Chamber of Commerce CEO Scott Eicher, citing a negative impact on traffic, density and views in the tourism-driven Ojai Valley. “The state has looted our coffers for years, borrowing property taxes, borrowing gas taxes, taking vehicle licensing fees and recently eliminating the redevelopment agencies, creating even more financial turmoil. I urge Council to send city manager Rob Clark to Sacramento to tell the state to amend the Housing Element so it does not include provisions for three stories.”

“Ojai is a really, really, really, really special place. I know that goes without saying, but I think we need to be really careful about what we do in response to what the state is mandating,” agreed Ojai resident Tom Francis. “People come here from all over the world, and they come for a reason. We should look at bioregional capacity. Maybe it’s time to do updated traffic, air quality studies before we begin rezoning. I want you to tell Sacramento what they can do with their one-size-fits-all housing programs.”

Citizens were not alone in wanting to scrap the adopted Housing Element, or make drastic alterations.

“What do we want for our town? Do we want to continue to submit to Draconian measures of the state?” queried Clapp. “Are we going to say, ‘Oh, we were just doing our job?’ I’ve heard that somewhere before. I think people who were leading people into the gas chambers said that.”

“Oh Jesus, stop it Betsy,” interjected Councilwoman Carol Smith. “When I first moved here, my house was $35,000. How do people afford it now? They don’t! We want young families here. We don’t want to exclude them. I just don’t see how that will ruin our community.”

But others voiced worry that a rapid increase in development would do precisely that.

“I was born in Hueneme. When I was a kid, it was a cool town to live in, like something from ‘Little Rascals.’ Then in the late ‘60s it underwent urban renewal,” said Ojai resident Alan Thornhill. “They basically tore it down and rebuilt. And at their city council meetings, there seems to be the sentiment that it’s no longer a cohesive neighborhood, it’s lost that sense of village. … It could happen here, too.”

Mayor Paul Blatz related to Thornhill’s anecdote.

“Although I’ve lived in Ojai for 30 years, I grew up in a town one-third the size of Ojai, in Connecticut. The governing body there was called the town council. Sometimes I think we should be called that,” mused Blatz. “We are truly blessed to live in Ojai. And we are blessed because the leaders in the past have seen how important it is to maintain our unique, small-town character. … Let the message be heard loud and clear that we, as citizens of Ojai, will not accept anything less than what we believe is in the best interests of preserving our city.”

Councilwoman Carlon Strobel reminded those present that the Housing Element has already been adopted for the 2006 to 2014 period, and thus, the focus should be taken off of amending or retracting this Element, and geared toward the 2014 to 2021 Housing Element, which is due in October this year.

“I would like to find a way to create exemptions for small towns, whether based on geographical size or constraints,” said Strobel, who suggested teaming up with like-minded small communities in approaching the state’s next Housing Element.

Newly appointed Councilman Severo Lara worried that the state’s requirement to not create a blanket ban on three-story development could place the city in a no-win situation — that it would face litigation from the state if the Housing Element is abandoned or by developers should the city refuse three-story projects.

“We can look at it on a project-by-project basis,” city attorney Joseph Fletcher assured the Council. “All we need to do is write an ordinance that can achieve our share of the housing mandate in a fashion that is compatible with this community. I think it can be done. We do have a schedule, but the most important thing is to take the time to do it right, to come up with something that reflects the community’s needs. I think we can do both, I think it’s possible.”

Fletcher suggested, as possible alternatives to a blanket ban on three-story buildings, limiting building height or rooflines, reiterating that it was best to play along with state mandates, as the Council is a “subdivision of the state. We are not an autonomous government entity.”

“In implementation, like anything else, the devil is in the details, and that’s what we need to focus our attention on,” summed up Blatz.

Council voted to hold a joint meeting with the Ojai Planning Commission Feb. 20 to discuss those details, such as potential site designation for affordable housing projects.

Visit www.ci.ojai.ca.us to view previous meetings or read agendas for upcoming meetings.

Jan. 24, 2013
Tim Dewar, publisher@ojaivalleynews.com

The day that Ojai water customers have been waiting for during the last five years could well arrive next week.

The Casitas Municipal Water District (CMWD) Board of Directors announced Wednesday that it will hold a special meeting Tuesday to take public comment on the proposed takeover of Golden State Water Company’s (GSWC) Ojai service area. The meeting is scheduled for 6 p.m. at the Nordhoff High School cafeteria.

At that meeting, the Board is expected to vote on a series resolutions that would, among other things, establish guidelines for the establishment of the community facilities district (Mello-Roos District) and show CMWD’s intent to move forward with the takeover process.

Depending on the outcome of Tuesday’s vote, the Board could have another public hearing within 45 to 60 days to vote on whether to move forward with the bond election, explained CMWD General Manager Steve Wickstrum.

Whether CMWD will have the money necessary to complete a buyout will hinge on the outcome of a bond election that would place a parcel tax on properties within GSWC’s current Ojai service area. Registered voters within that area will be eligible to vote and it would take a two-thirds majority of those voting in the election to approve the bond. Current CMWD customers will not be eligible to vote in that election because they will not be charged the parcel tax.

“What our Board members have been hearing from the people in Ojai is that this is an opportunity for them to decide who they want to provide their water service,” Wickstrum added. “This is about what they want, it’s not about what the District wants.”

Several of GSWC’s 2,800 ratepayers began efforts in 2007 to oust the privately-owned subsidiary of American States Water citing poor service and rates that are significantly higher than those of water suppliers in nearby communities. The group Ojai Friends of Locally-Owned Water (F.L.O.W.) has been leading the effort to convince the city of Ojai and CMWD to buy out GSWC.

“This is what we have been waiting for,” explained F.L.O.W. member and GSWC customer Pat McPherson. “It is the culmination of our efforts.” He added that Tuesday’s votes by the CMWD is phase two of a three-phase effort. The next phase, he said, will be for GSWC customers to vote yes on the bond measure.

Ojai residents are not the only ones who will voice their opinion however. Denise Kruger, GSWC’s senior vice president of regulated utilities said Thursday, “We look forward to providing our input to the Casitas Municipal Water District Board and the residents of Ojai on this very important topic.”

GSWC officials have also said they are not interested in selling their Ojai operation, which means if the bond vote passes, the city of Ojai would likely have to undertake eminent domain proceedings in court. Section 8 of the city’s franchise agreement with Golden State allows for this process should the city ever decide to look for a new provider. It would, however, be up to the court to determine a fair market value for the water system.

If the bond vote does not pass, CMWD stands to lose up to $100,000 it has spent researching the issue. If the court sets the fair market value above the approved bond amount the District would have to fund the overage itself if it wished to continue.

That potential risk is part of the reason why “we mulled this thing around for as long as we did,” Wickstrum noted. “We wanted to make sure it was right.”

He added that incorporating smaller water providers into the Casitas District is not unprecedented. “Oak View used to be served by a couple of smaller companies that are now part of the Casitas District.”

If the takeover occurs, however, it will be the first time the eminent domain process has been used.

Wickstrum encouraged those in the current GSWC service area to visit the rate calculator on the District’s website (http://www.casitaswater.org/lower.php?url=monthly-water-rate-calculator) with a copy of their current water bill and the parcel tax information that will be provided at Tuesday meeting. This, he said, will allow each customer to determine if changing providers will save them money.

Editor’s note: This story was revised Jan. 24 at 4:30 p.m. to include comments from Golden State Water Company and Jan. 25 at 8:12 a.m. to correct the number of voters required to pass a Mello-Roos bond measure.

Jan. 22, 2013
Amber Lennon, OVN correspondent

The citizens of Ojai revere this valley for its pristine nature, its thriving art scene and an overall sense that the fundamental needs of the community are heard and met. What many take for granted are the pioneers of city politics that devoted themselves whole-heartedly to preserve the spirit of Ojai, such as former mayor and city councilwoman, Nina Shelley, who passed away last November at the age of 91.

She was affectionately nicknamed the “Grandmother of Ojai” for her unwavering dedication to the community, and all who currently dwell in the city of Ojai still enjoy the fruits of her labor. She spent 20 years as a City Councilwoman and served three terms as mayor.

Rae Hanstad, who was elected to the Ojai City Council in 2000 with Shelley as her campaign manager, said, “Being both progressive and ethical were two of her very wonderful qualities, which can be difficult in a town like Ojai with a very engaged and educated citizenry, but she did that very studiously and energetically. She was tough and sensitive, an interesting combination.”

Shelley’s upbringing on a Nebraska farm during the Depression Era stirred within her a deep passion for two issues that would later shape her political legacy. Those were support for low-income families and the environment. In the 1990s Shelley helped lead the effort to prevent a national waste management firm from creating a landfill in Weldon Canyon at the mouth of the Ojai Valley. The landfill would have likely destroyed air quality, wildlife and property values in the surrounding region, an issue the citizens of Ojai responded to with characteristic fervor.

Former Ojai mayor and educator Steve Olsen says Shelley was “instrumental” in stopping the Weldon project. He recalls a city meeting at Nordhoff High School attended by more than 1,000 Ojai citizens ready to speak out against the landfill. “The gym was packed … (Shelley) gave this speech, and it was a complete standing ovation when she finished. That turned the tide for the supervisors to turn down Weldon Canyon,” he said. “She was fearless and determined.”

That determination and devotion were qualities that were perhaps cultivated during her service in the U.S. Marines, Women’s Army Corps (W.A.C.). As one of the first women to serve in the military, Shelley went through boot camp in the Bronx in 1943 and went on to hold a position as a Marine cartographer. Gen. Douglas MacArthur said of the newly-formed W.A.C. that they were his “best soldiers” and that they worked harder, complained less and were better disciplined.

Aside from politics, Hanstad said Shelley “really considered herself an artist, first and foremost.” She obtained an arts degree at California State University at Los Angeles and a master’s degree from UCLA. She taught art at California State University at Long Beach, and created her own works out of precious metals, some of which were purchased by museums. Shelley recognized the value of Ojai’s prodigious art community and co-created the Ojai Arts Commission, which allocates city funds to encourage artistic endeavors. Public art displays, such as Mark Benkert’s statue, “Elliot,” a tribute to the 2009 black bear incident, are one of the ways the city continues to benefit from Shelley’s work.

She helped create housing for low-income families, generated funds for the library as a necessary resource, and served on just about every committee and board of directors in the Ojai Valley. She and her late husband, Henry, also had a fabrics and laminate sticker business on Matilija Street before Shelley entered politics. During those years, she would frequent Plaza Pantry to discuss changes in the valley with owner and friend, Beryl Tognazzini. “She was a great person, very reliable. If she said something, she meant it,” said Tognazzini, “and she loved this city.”

Editor’s note: This story was revised Jan. 24, 2013 at 3:09 p.m.

Jan. 22, 2013
Kit Stolz, OVN correspondent

A Sacramento-based property rights advocacy group recently accused the Casitas Municipal Water District (CMWD) of paying $100,000 to Ojai Friends of Locally-Owned Water (F.L.O.W.), as part of the utility’s effort to take over the operation of Golden State Water Company’s Ojai service area.

In a letter to the CMWD Board, Marko Mlikotin, president of the California Alliance to Protect Private Property Rights (CAPPPR), wrote “According to recent Board Meeting minutes, the board has allocated over $100,000 to an “Ojai F.L.O.W.” fund. Is this appropriate given that Ojai F.L.O.W. is a political action committee (PAC, aka campaign committee) registered as such with the State of California? Is this a gift of public dollars to benefit a political cause?”

Casitas and Ojai F.L.O.W. officials both scoff at the idea.

“No money has gone from Casitas to Ojai F.L.O.W. or any other outside group,” said Ron Merckling, spokesperson for CMWD. “We have funded a study of the takeover idea, which is costing $28,000, and we have spent money on legal research, but it’s all internal.”

“Ojai F.L.O.W. hasn’t seen a penny of support from Casitas, nor have they been asked by F.L.O.W., nor has it been offered,” said Ojai resident Bob Daddi, a member of Ojai F.L.O.W. “I’m sure it’s part of their (CAPPPR’s) disinformation campaign.”

Local officials are not the only ones crying foul against GSWC’s tactics.

Last year, in the California community of Claremont, GSWC asked for a nearly 30-percent rate hike over a three-year period, over opposition from city officials. In response, the municipality launched an effort to take its water franchise from Golden State.

Claremont City Manager John Ramos said GSWC responded by hiring River City Communications, a Sacramento-based PR firm also headed by Mlikotin.

“Mlikotin is claiming that the city is taking over, or, in his words “grabbing water away from Golden State Water,’” Ramos told the Claremont City Council. “Obviously, as you know, this is absolutely a false statement. It’s important that our residents know that these are not local voices and messages. They are from these firms.”

As part of challenging Casitas’ right to take the water franchise, Mlikotin has launched a “Stop the Ojai Water Grab” campaign.

“Regardless of whether one shares our views regarding private property rights, it’s important for residents to know that these rights cannot be acquired without passing on significant costs,” he said. “I’m certain that the issue will be debated in the courts.”

GSWC is a subsidiary of American States Water Company, which according to company statements is worth $765 million, serves one of every 36 Californians and has paid an increasingly large dividend every year since 1954.

Several communities throughout the state are undertaking efforts similar to Ojai’s to remove GSWC as its water provider.

Sen. Hannah-Beth Jackson, unlike her predecessor Tony Strickland, supports efforts to bring the issue to Ojai voters.

“Who owns local water supplies is the real question,” she said. “When you put all the procedural questions aside, you have to ask if a local community has a say in the delivery and the cost of their local water. There is a clear attempt in California to privatize the ownership of local water supplies, and Ojai is going to be a key battleground in that fight.”

Jackson, herself an attorney added, “Water in California is precious, and people have gone to war over it. I do anticipate litigation over this issue. My hope is that it moves along as speedily as possible, and that we can get some clarity on the matter.”

A short time before leaving office after losing the November election to Jackson, Strickland sent a letter to CMWD officials supporting GSWC. “As the State Senator for the District representing the Casitas Municipal Water District (Casitas) service area, I am very concerned with the Board’s actions to move forward with forcibly acquiring Golden State Water Company’s Ojai property by eminent domain,” he wrote. “There is no financial, environmental or agricultural benefit and puts current and future residents, businesses and farmers at risk.”

The city of Ojai and several local groups, including the Ojai Unified School District and the Ojai Valley Board of Realtors, are supportive of the concept of taking over GSWC’s Ojai service area.

CMWD’s study is expected to be completed sometime this month.

Depending on its findings, voters in the GSWC’s ojai service area could be asked to vote on a 30-year bond measure that would levy a property tax to pay for the takeover.

It appears that our Ojai cam is down once again. We will have to get access to the attic of the Ojai Theatre before we can troubleshoot the problem. Other than on 4th of July and Ojai Day, is this a feature that you use/enjoy? Should we continue to fight with this thing to keep it up and running or just take it down? Please leave us your thoughts here on the blog.

Jan. 17, 2013
Misty Volaski, editor@ojaivalleynews.com

Ojai native Cody Fullenwider’s story starts out like those of many small town kids: after graduation, he moved far away from home and made something of himself.

But his story took an agonizing detour from normal the morning of Dec. 14, 2012, when his adopted home of Sandy Hook, Conn., was thrust onto the national news scene after the murder of 26 educators and children.

One of those children was Avielle Richman. To her, Fullenwider was “Uncle Cody,” her parents’ close friend and a frequent visitor to her home. The pair were good buddies who loved to color and read books and practice archery in the backyard.

Avielle and her parents, Jennifer Hensel and Jeremy Richman, were Fullenwider’s Connecticut family.

“I spent Christmas (2011) with them,” Fullenwider remembered. He was excited to spend another holiday season with them, so that he and “Avie” could bake cookies in the Easy Bake Oven she’d asked for.

“I’m probably a little biased, but she was the smartest, most wonderful little girl,” he said. “I loved to watch her grow, she was becoming quite a good reader, and she was just getting into writing, starting to do full sentences.”

Fullenwider keeps a token of Avielle’s hard work, a handwritten birthday card, on his refrigerator. “She was so proud of herself,” he noted. “All by herself she wrote everything out, ‘Happy Birthday Cody, Love Avie,’ with pictures of cats and all kinds of drawings. She was so proud of that … It’s a reminder of how much I love that little girl.”

Because of his loss, Fullenwider is throwing his support behind his friends in their effort to stop a similar tragedy from happening again.

In memory of their daughter, the family has started The Avielle Foundation. According to a press release from the family, the nonprofit organization aims to prevent future violent acts with a two-pronged approach — through mental health research and advocacy, and by fostering strong communities.

“Too little is known in the mental health area in regard to what drives such horrible behaviors,” the release said. “It is all too common to look back and say, ‘there was always something a little wrong with that person.’ Clearly something is wrong with the person capable of such atrocities. We want to understand the mental underpinnings that lead to this and prevent them from leading to violence, through mental health research, education, and policy.”

The second goal of the foundation, the family went on to say, is to build communities where “everyone belongs and is a valuable contributor. In such communities people don’t feel ostracized, stigmatized, bullied or alienated and the propensity to act in desperate, destructive or violent ways is diminished or eliminated.”

To donate to their efforts, send checks payable to The Avielle Foundation at P.O. Box 686, Newtown, CT, 06470. Visit www.aviellefoundation.org for more information.

Heavy equipment waits at the Fulton Street extension. The project has been plagued with delays but city officials say it is close to being completed.
(photo by Tim Dewar)

Jan. 17, 2013
Hannah Guzik, OVN correspondent

Although the Fulton Street extension project has faced nearly two months of delays, aggravating some neighbors, cars should finally be able to take the new route by the end of February.
The city project, which has been in the works for more than 20 years, will extend Fulton Street from Pearl Street to Bryant Circle, crossing the Ojai Valley Trail.
The project was scheduled for completion by the end of 2012, but has been delayed due to rainy weather, last-minute revisions of plans and the discovery of remnants of a train depot station on the site, said Greg Grant, Ojai’s public works director and city engineer.
“We are darn close, we just need another month or so,” he said Monday.
Crews are expected to pave the new section of road next week and complete the sidewalks the following week. After the area is landscaped, it will be open to vehicle traffic.
Although the contractor, J & H Engineering of Camarillo, has until March 31 to complete the project, Grant expects workers to finish about a month ahead of the deadline, he said.
Due to the delays, the project is estimated to cost about $35,000 more than the $196,000 originally budgeted, he said. The project is funded through the federal Surface Transportation Program at no cost to the city, Grant added.
The project was delayed by about a month initially due to Southern California Edison making 11th-hour changes to plans that called for placing utility wires near the project underground. Although the contractor prepared the site for underground-utility placement, Edison had to install the utility wires and poles, Grant said.
Construction stalled again when Edison employees were dispatched to East Coast areas hit by Hurricane Sandy.
Work also slowed when crews discovered portions of a railway depot last used in 1969, including old brass locks, railway ties and other debris that needed to be disposed of, he said.
Then, early winter rains complicated the project. Because the soil in the area has a high clay content, it’s taken days to dry out before the roadway can be paved, Grant noted.
“It’s really important to get it placed with the right moisture content and get it sealed,” he said. “They had to install drains because the soil holds water so tightly. It’s a tricky site.”
Businesses in the area are eager for the project’s completion, especially since drivers have long used parking lots off Bryant Circle to connect to Fox Street.
“Safety is our number one priority here at the club,” said Nancy Prather, general manager of the Ojai Valley Athletic Club on Fox Street. “I support the city 100 percent and understand about the delays, but if we can avoid having people driving through the parking lot, that will be great. We’re looking forward to that.”
Grant said he’s convinced the wait — of more than two decades since the project was first conceived — will have been worth it.
“It’s going to be more walk-able, more bicycle friendly and will hopefully calm the traffic a bit,” he said. “Even though everybody’s hungry to get it finished, these delays were a small part of the total project time.”

Jan 17, 2013
Tiobe Barron, OVN correspondent

Despite a recent drop in the population of Ojai city officials must still prove to the state that it is prepared to allow the construction of 177 new affordable housing units as part of its mandated Housing Element.

The Ojai’s City Council will hear a presentation Tuesday night from consultant Thomas Figg regarding the implementation of the Housing Element it reluctantly adopted last fall.

At that time, Council members each voiced strong objections to the process, including concerns that higher density, dwindling open space and impeding the mountain views will negatively impact Ojai’s tourism-based economy. Despite the prevailing sentiment, they did adopt the Housing Element with a 3 to 2 vote.

The state assesses projected population growth and assigns each community a number it is then responsible for accommodating, Figg told the Council previously. Ojai’s number was 177 units.

The Council now must begin the next phase of the process: detailing to the state where and how these 177 units could be built.

While the state requirement seeks to provide adequate housing for the lowest income bracket, residents and Council members alike have voiced fears that doing so may create massive concentration of residencies evocative of nearby Oxnard or Los Angeles, effectively eradicating the “village feel” that has historically been a distinguishing trait of this community.

“In October the Council adopted the Housing Element,” explained Ojai City Manager Rob Clark. “Now we are starting to discuss the steps that must be taken to implement the Housing Element. These include changes to our zoning ordinances for some of the programs, and the creation of an affordable-housing overlay that must be applied to enough property to cover the new construction goals of the Element.”

“We are only required to zone the properties, not to build the units. This is an early point in the process, and no final decisions are requested or expected. Rather, it gives an overview of what the City will need to do, and some of the options to consider,” Clark added.

“This process is a very large part of Ojai’s future,” said Ojai resident John Broesamle at the Oct. 9 Council meeting. “A huge amount is at stake. Contemplate the issue of resource constraints and the character of the city as clashing values come together and have to be resolved.”

Clark said city staff will recommend that a joint meeting of the Council and Planning Commission be scheduled in February to talk about specific sites that might be appropriate for the housing overlay.

Although nothing will be decided at Tuesday’s Council meeting, public participation is encouraged so citizens can learn about the proposals and have some time to think about them and provide input to Council before decisions are made.

The Ojai City Council meeting will be held Tuesday at 7 p.m. at 401 S. Ventura St.

Visit www.ci.ojai.ca.us for more information about the Ojai City Council and upcoming agenda topics.

Jan. 15, 2013
Monica Lara, OVN correspondent

A 58-year-old Casitas Springs motorcyclist was pronounced dead at the scene after reportedly leading the California Highway Patrol on a high-speed pursuit that ended in an officer-involved shooting Jan. 5.
Theodore Keiper was heading south on the Pacific Coast Highway when he and a CHP officer engaged in a high-speed chase around 2 p.m. When the CHP officer tried to take him into custody, Keiper allegedly exceeded speeds of more than 100 mph.
Additional officers were called to the scene when the chase ended on Padre Juan Canyon Road, an inclining road near Faria Beach that runs perpendicular to Highway 101 in Ventura. Keiper lost control and crashed his motorcycle in a ravine along the roadway. The initial investigation by the Ventura County Sheriff’s Major Crimes Bureau reported Keiper was threatening the officers as they attempted to take him into custody, saying he made “provocative movements” toward them, according to a Sheriff’s Department press release. The officers fired their handguns at Keiper in response to the perceived threat to their lives. Keiper died at the scene; no officers were injured in the incident.
The sheriff’s office could not confirm what sparked the high-speed pursuit between Keiper and the CHP officer initially, according to Capt. Don Aguilar, the department’s public information officer.
Although the incident involved CHP officers, the sheriff’s office is helping piece together the details of the fatal incident, according to Aguilar.
“It is pretty typical for an agency to ask for help with an investigation,” Aguilar said. “In this case, we’re involved in the investigation of the shooting part of it.”
The department continues to wait for results of blood alcohol levels and drug toxicology for Keiper. Investigators continue to conduct witness interviews and analyze evidence involved in the case. It is unknown when the investigation will reach a conclusion.
“It is going to take some time,” Aguilar said. “It is a tremendous amount of work in the case of a homicide.”
The case is expected to be passed to the Ventura County District Attorney’s Office for procedural review when the sheriff’s office concludes the investigation.
“The DA will review to see if there are any charges that need to be added later,” Aguilar said.
Witnesses to any part of the incident are encouraged to contact the sheriff’s major crimes bureau at 383-8790.

Jan. 14, 2013

Tim Dewar, publisher@ojaivalleynews.com

Almost a year into a three-year penalty phase, the average Golden State Water Company (GSWC) customer in Ojai has $59.40 more in their pocket. In March 2015, when the refund period ends, those customers can expect to have gotten $194.40 — or $5.40 per month — knocked off their bills.

The refunds are part of a multi-million dollar settlement between Golden State Water and the California Public Utilities Commission (CPUC), the agency charged with regulating utility companies that operate in the state.

Throughout its operating area, GSWC will refund a total of $9.5 million. Current customers in GSWC’s Ojai service area will split $986,463.

The settlement also mandates a rate-base reduction of $2.5 million, a $1 million fine to the state and future audits and oversight designed to prevent further mismanagement by the company.

The settlement stems from a 2007 CPUC investigation that found significant problems with GSWC’s contracting practices dating back to 1989. In May 2003, GSWC officials learned that two senior executives had awarded Richardson Engineering Company contracts that violated GSWC’s competitive bidding protocol.

In October 2003, GSWC fired those executives. One month later, an outside attorney — who was hired to look into the matter — told GSWC that Richardson had received approximately 100 contracts in excess of $20 million since the early 1990s, and many were in violation of its procurement policy.

In 2004, the engineering firm GSWC hired to review a sample of those contracts reported that of the 22 contracts sampled, GSWC paid above fair market value on six.

At that time, GSWC officials decided they were not required to report these incidents to the CPUC and continued to include the overcharged contracts in rate-base filings. This, according to the settlement agreement, “exposed GSWC’s customers to unjust and unreasonable charges and up to $31 million of past ratepayer harm.”

In February 2007, a senior Golden State Water Company official informed the CPUC about the internal investigation and the company’s failure to disclose the information to the commission. This prompted the CPUC to conduct its own investigation.

“What was troubling about these allegations was not only that the contracts were tainted with favoritism and larded with excessive costs,” explained CPUC Commissioner Michael R. Peevey, “but also that the company apparently made a deliberate decision to not disclose these problems to the commission. What came to light was a disturbing pattern of favoritism and other improper practices in Golden States contracting for capital projects. This was a serious problem for the ratepayers because Golden State’s rates for water service are set based on the cost incurred by the company. Typically all the costs paid by the company whether for capital products or water supplies or even for office equipment, are passed on to homeowners and other ratepayers in their water bills.”

GSWC disagreed with many of the CPUC findings, including that its failure to report the overcharges resulted in harm to ratepayers and that customer rates were impacted by the excess costs associated with the REC contracts. The report, however, did acknowledge that GSWC cooperated fully with the Commission’s staff during the investigation.

In addition to the monetary remedies and the fine, GSWC will also be subject to a series of three annual audits on its contracting practices over the next 10 years and it must provide sworn testimony documenting its efforts to improve internal controls as part of its next two general rate cases.

“This was a very, very ugly matter on a number of fronts,” noted CPUC Commissioner Timothy Alan Simon, “based on the allegations and what was disclosed by the whistleblower. It even got to the point where there were certain racial references that were made that, in my opinion, were blatantly offensive and I think not a good reflection on Golden State Water.

“The good news,” Simon added, “is I believe Golden State gets it. I think they are moving forward in a very effective and prudent fashion to remove what appears to be a culture of deceit, a culture of less-than-transparent operations within their company and in moving forward I commend them for weeding out these issues.”

Although he was pleased that GSWC was held accountable, Ojai City Manager Rob Clark said this was a perfect example of why so many in Ojai — and in other cities served by GSWC — have a hard time trusting the regulatory and rate-setting processes when it comes to a privately-owned utility.

“We were glad they were held accountable for their misdeeds and that the CPUC made it right for our ratepayers,” Clark noted, “but I don’t think the community has much confidence in the CPUC process. They accept input and they come out and listen to us and all that, but the fact that their rates are so much higher than other districts in the same watershed and that they were able to do these things makes us think the process is just not effective. A locally-run, locally-elected board is much more transparent and accountable to public.”

The city of Ojai, which holds the franchise agreement allowing GSWC to provide water service to its residents, is supporting local efforts to investigate the possibility of purchasing GSWC’s assets in its Ojai service district and having Casitas Municipal Water District take over providing water service to GSWC’s approximately 2,800 local customers.

The CMWD is expected to announce sometime this month whether it plans to move forward with the takeover and the amount it estimates voters in GSWC’s Ojai service area would need to approve in a bond measure to cover the cost of purchasing the operation.

Jan. 10, 2013
By Kimberly Rivers, OVN Correspondent

The Miss California USA pageant is not just about beaded gowns and perfect bodies. The public may choose their favorite based on the swimsuit segment, but the contestants know it takes a lot more than a nice pair of legs to make an impression on the judges.

Mariah Jemmings, an 18-year-old resident of Upper Ojai vying for the crown, said, “I was surprised, in a good way. I didn’t realize there is so much emphasis on your personality, on what kind of heart you have.”

She was inspired to enter the event, she said, because she’s always wanted to be a role model to young girls. “Even if I don’t win, the pageant gets my name out there to reach people … I want to be a public figure helping to organize benefits, raise money … to help people. I’d like to work with groups trying to end bullying.”

When she participates in Miss California USA this weekend in Pasadena, it will be her first experience with pageants. “I’m afraid that I’m going to be asked a question and I’ll freeze or won’t be able to answer,” she said. “I’ve been researching pageant interview questions to try to prepare, but they could ask me anything.”

Along with the experience and opportunities to benefit others that participating in the pageant brings, Jemmings would “love to get to go to more modeling and fashion events. Become part of the show.”

Jemmings, originally from Montana, moved with her parents to Upper Ojai a year ago. “I am loving Ojai, the wilderness and the beauty of nature. I can get to Los Angeles easily when I need to. It’s the best of both worlds,” she noted.

She is currently attending Moorpark College, where her focus is music and dance as she works toward a performing arts degree. She also plays piano and guitar. “I write songs for the piano. I find it easiest to write songs in a time of struggle. It is my way of expressing how I feel,” she explained. “The message of my songs … is that there is light at the end of the tunnel, you can get through this.” A song she wrote and performs, “Dancing in the Rain,” can be heard on www.youtube.com.

Jemmings will be among 228 other young women competing for the title of Miss California USA, and will be judged on three categories, all equally weighted: interview, evening gown and swimwear. The winner moves on to represent the state at the Miss USA pageant in June, and also receives a yearlong employment contract with the Miss Universe Organization that includes travel and speaking engagements around the world. This year, the pageant has received attention for having the first transgender contestant vying to represent the state of California.

Visit www.misscaliforniausa.com to find out who won this weekend’s competition.

Jan. 10, 2013
Monica Lara, OVN correspondent

The Ojai woman accused of embezzling more than $35,000 from the Ojai Eagles Youth Football League will learn whether she will face charges of grand theft when she returns to court for her preliminary hearing Feb. 26. Ventura County Superior Court Judge Kevin McGee set that date Wednesday at an early disposition hearing for Amber Workman. If convicted, the 37–year-old Workman could be sentenced to up to three years in jail. Defense attorney Richard Hanawalt anticipates the preliminary hearing will be lengthy because both sides will want to comb through details of the case. “In an embezzlement case, it could be a matter of opinion if funds were spent in the interest of the business or for frolic,” Hanawalt said. At the preliminary hearing, the Ventura County District Attorney’s Office will have to prove both that there was a crime committed and that Workman could have committed the crime. Workman allegedly stole as much as $49,000 from the Ojai Eagles while she was the organization’s volunteer treasurer from January 2007 to December 2009. The league is a nonprofit organization supported by membership dues, donations and fundraising. League officials took the case to the Ventura County Sheriff’s Office when the state notified them in 2010 that their tax-exempt status was revoked due to failure to file taxes during Workman’s two-year stint as treasurer. Workman was arrested in June 2012 after an investigation by the Sheriff’s Office determined that she had spent the money on personal items. She has been free on a $30,000 bond and a written promise to appear in court.

Jan. 10, 2013
Marianne Ratcliff, OVN correspondent

A draft of proposed hydraulic fracturing regulations released by the California Department of Conservation Dec. 18 – the first step in a formal rulemaking process set to start next month – is being criticized by Ventura County Supervisor Steve Bennett and a local environmental group for being too lax.

The drilling technique used to extract oil and gas from deep rock formations by blasting chemicals, sand and water into the earth, commonly referred to as fracking, has come under increased scrutiny across the country in the wake of a critical 2010 documentary, “Gasland,” and a boom in shale oil exploration in California, that relies on fracking.

“I’m glad to see that the state has finally released draft fracking regulations,” said Bennett, who represents the Ojai Valley. “At first blush, it looks like there is room for improvement in identifying fracking chemicals, in notifying the public and in water-quality testing, but we’re still working on reviewing the regulations.”

Last month, Bennett persuaded some of his fellow supervisors to vote for a study of the issue in Ventura County and to push the state for increased fracking regulations.

“It appears that the state is taking a reasonable approach,” countered Supervisor Peter C. Foy, of Simi Valley. “I have never been opposed to disclosure as well as the testing and monitoring of wells to ensure that operations are safe. What I am opposed to is overregulating a process that has been safely used for decades and would artificially reduce our ability to extract this resource. We should be maximizing our local sources of oil to reduce foreign dependency, and the jobs that go with it are crucial in our current economic situation.”

Foy voted against Bennett’s effort to encourage stricter state regulations.

The Department of Conservation/Division of Oil, Gas and Geothermal Resources (DOGGR) plans to hold stakeholder workshops on the draft regulations. It is collecting written comments via e-mail to comments@conservation.ca.gov. Once the formal rulemaking process begins, there will be a minimum 45-day public comment period and at least one public hearing.

The nonprofit law firm Environmental Defense Center, with offices in Ventura and Santa Barbara, is joining other environmental groups in calling for a moratorium on fracking in California until it is regulated. “The discussion draft regulations are small steps in the right direction, but, as a whole, they are insufficient,” said Brian Segee, EDC staff attorney in Santa Barbara. “There are a lot of major gaps in both the discussion draft regulations and legislation introduced this year. Neither requires prior notification to neighboring landowners and they do not address the loophole exemptions or the trade-secret exemptions.”

One of the loopholes he refers to is the 2005 Energy Bill that exempts energy companies from the underground injection control requirements of the Safe Drinking Water Act and other exemptions in the Clean Air Act and Clean Water Act. The new draft regulations also allow energy companies to withhold information about some chemicals used in fracking under a trade-secrets exemption.

Under the proposed regulations, operators would be required to submit information to DOGGR 10 days before fracking a well. That information would be posted on its public website within seven days and at least three days prior to the well being fracked. Operators could still withhold information from confidential well records and some chemical recipes would remain trade secrets exempt from public disclosure, according to DOGGR.

Its website on the proposed regulations states: “The proposed regulations require disclosure of trade secret information if it is necessary for spill response or medical treatment, provided that the recipient agrees to maintain the confidentiality of the trade-secret information.”

The proposed regulations call for chemicals used at fracking sites to be disclosed within 60 days after the well has been fractured, which falls short of the full public disclosure the EDC is advocating, Segee said.

After-the-fact reporting of the chemicals used in fracking is sensible according to one fracking proponent.

“What is the purpose of disclosing chemicals?” asked Tupper Hull, vice president of strategic communications for the Western States Petroleum Association, a nonprofit trade association for petroleum production and marketing in California, Arizona, Hawaii, Nevada, Oregon and Washington.

The reason to disclose the chemicals is “to determine if they have shown up in groundwater supplies,” he said. “That is not impacted by when the information is presented, whether it be 30 days, 20 days or 10 days” after hydraulic fracturing has occurred. He said that because fracking is a “well-completion process, once the well is drilled, a hydraulic fracturing program is developed for the specific geology and well characteristics. They may make that determination at the end of the drilling.”

“Laws that protect trade secrets occur throughout all regulations,” Hull said. “It is not something new to the oil and gas industry or hydraulic fracturing. It is a part of business law and has been for a century or more.”

Many companies, including those that produce medicine and food, he said, are allowed to protect legitimate trade secrets. “It protects competitive processes and materials that enhance and encourage competition in the marketplace and benefit consumers,” he added.

“Whatever the state decides to recommend, we ask that it be based on science and evidence, not on emotion,” Hull noted. “That appears to be the direction the state took. The evidence and science are quite clear and compelling that hydraulic fracturing is a safe process and does not pose a risk to groundwater.” Concerns that it is unsafe are “misplaced,” he said, in that oil and gas drilling occurs thousands of feet beneath the earth and groundwater basins are not that deep. In addition, “there are multiple layers of impervious rock between the two. There has never been an incident or case in California where anyone has suggested that hydraulic fracturing has harmed the environment or posed a risk to the environment.”

Currently, there is no requirement for energy companies to disclose what wells are fracked or what chemicals are used, although some voluntarily report fracking operations on a website, www.fracfocus.org, which is managed by the Ground Water Protection Council and Interstate Oil and Gas Compact Commission. Twelve wells in Ventura County are listed on the site as having been fracked.

Sandra Burkhart, senior coastal coordinator for WSPA, last month told Ventura County Supervisors that a survey of its membership revealed 628 wells in California were fracked in 2011.

Los Padres Forest Watch, a nonprofit conservation group, conducted an extensive, monthslong investigation of fracking and reported on its website that at least four wells in the Sespe Oil Field north of Fillmore were fracked in 2011 and at least three in 2012. It determined that 351 wells have been fracked in that oil field since the 1960s, although the exact number is not known because fracking operations are not required to be disclosed to the public.

One well, Grubb No. 477, southwest of Ojai above Highway 101, is listed on www.fracfocus.org as being fracked on May 27, 2011, using 361,260 gallons of water and ingredients, including ammonium chloride, hexamethylene tetramine, methanol, Erythorbic Acid, hydrochloric acid, hydrofluoric acid, Xylene and Aromatic hydrocarbon solvent.

On the Ventura County side of Highway 33, the McGonigle 55 well was fracked May 29, 2012, using 32,004 gallons of water, with several ingredients, including a mixture of surfactants listed as “trade secrets.”

John Krist, chief executive officer of the Ventura County Farm Bureau, said none of the Farm Bureau’s members have brought concerns about fracking to the Farm Bureau. “If farmers thought there was a problem, they would not be shy about saying it,” he said.

The state Department of Conservation/DOGGR has “focused entirely on promoting oil production,” Segee said. It needs to “balance production with preservation of natural resources and health and public safety. Fracking has gone unregulated for so long because of the lack of public disclosure. It’s hard to be concerned about something you don’t know anything about. We’re definitely going to participate in the Ventura County process to the extent we can and work on passing a strong statewide fracking bill.”

Segee said that today’s fracking operations differ significantly from those of 20 years ago as fracking technology has advanced. California is the fourth-largest oil-producing state in the nation and is on the verge of a shale oil boom. The U.S. Energy Information Administration reported last year that the Monterey Shale formation in California could hold as much as 15 billion barrels of oil. That resource “will dramatically transform the characteristics of many of our communities,” Segee said. “If indeed the rush is going to happen, we are trying to get a legal framework in place to provide adequate protection to the environment and public safety.”

“Hydraulic fracturing is a gift that California has been given,” said Hull. “Once we have worked through the regulatory process, we could be looking at a very promising renaissance in the economic future of this state. The renaissance is already occurring in much of the country. The result of the oil and gas production from hydraulic fracturing is a phenomenal success story.”

The state draft regulations on fracking are listed on the home page of the Division of Oil, Gas & Geothermal Resources: http://www.conservation.ca.gov/dog/Pages/Index.aspx

Note: This story was updated to correct a typo Jan. 11, 2013 at noon.

Jan. 10, 2013
Tiobe Barron, OVN correspondent

Regulations governing fences, sheds, walls and perhaps even doghouses could be changing for Ojai homeowners.

“Tonight is a discussion of whether there is interest at the council level in making some changes to our zoning code to clarify certain regulations that are a challenge both to our staff and the public,” Ojai Community Development Director Rob Mullane told the Ojai City Council at its meeting Tuesday.

“So the question here is, do we have codes that are workable? Do we have development standards that make sense, that really give clarity not just to staff, but to the public?” said Mullane. “The question that is before Council this evening is, does the Council feel we ought to be either tightening up our standards or providing different standards than what are there right now, which have been problematic for these two areas?”

Among Mullane’s chief concerns were the lack of guidelines regarding the height, size and number of structures allowed in backyards; the regulations regarding the location and height of fences, many of which require variances because of overly-strict guidelines; and the ban on any accessory structures in backyard setbacks.

“In my view, we are actually lucky we have not had more very challenging applications coming before the staff,” said Mullane. “We have a prohibition on any structures in the rear-yard setback, which is a little unusual in that it does not differentiate between structures that require a building permit and those that do not. So theoretically a doghouse in the rear-yard setback is illegal.”

“Most cities allow at least small structures like tool sheds in the setback, but we don’t,” explained Ojai City Manager Rob Clark in a recent interview. “In neighborhoods with small homes and small lots with little storage, this is a legitimate need. On the other hand, most cities also have limits on the size for accessory structures that are smaller than the main house, whether or not they are in a setback. Also they tend to have limits on the number of accessory buildings and lot coverage. Ojai has none of this either. We have had some code complaints and felt the policy should be addressed before we go out enforcing.”

Ojai resident Kathy Zotnowski, who has had a zoning complaint filed against her by a neighbor, told the Council she feels the rules are not being enforced uniformly.

“Currently at least two City Council members, the city manager, the city inspector, these 50 neighbors and a minimum of 100 neighbors all within a few blocks of our home all have accessory structures in violation of these same setbacks.”

Ojai resident Bob Daddi, who also has had zoning issues with the city, told the Council, “I don’t want staff to come up with the standards, I want the public to come up with the standards. I have been asking for five years for you to come in and amend these codes. They are confusing, they are contradictory and they are erratically enforced.”

“I am one of the reasons this is on the agenda,” stated Mayor Pro Tem Carlon Strobel. “And what I am looking for is clarification. If we cannot understand our codes, we cannot follow them. City Council I don’t believe to be qualified to make some of these decisions,” Strobel added. “The Planning Commission is more qualified. Staff is more qualified. I am saying we have had problems here; let’s look at it. … It is a good idea for our community to take some responsibility for these things.”

“I would be in favor of looking at potential changes to our zoning code,” noted Councilman Severo Lara, “But I am not going to get into details, because what I would really like