Mosler, County Agree To Work Together
By Logan Hall
Ojai Rock Quarry supporters butted heads with Ventura County staff and Stop the Trucks! Coalition supporters in a seven-hour-long hearing that ended with county planning commissioners continuing the meeting to Feb. 23, to give the two sides time to work out an agreement.
Dozens of citizens and officials, including the quarry’s owners Larry Mosler and his wife Grace, were present during the planning commission hearing that entertained testimony and opinions from both sides of the issue. County planning division staff had recommended that the commission revoke Mosler’s mining permit, which would require him to cease all mining operations. After county staff issued statements saying that Mosler was operating illegally, experts opposing the county’s assessment shared their insights before members of the public and delivered their thoughts to the commission.
Mosler had been cited by the county for 14 violations of his Conditional Use Permit starting in 2008, including operating outside the mine’s permitted boundaries and operating outside of permitted hours. Thursday’s deliberations by the commission were centered on the county’s accusation that Mosler was operating without an approved reclamation plan — the plan that would be used for restoring the site should mining operations cease. County officials were also concerned that the miner was operating without financial assurance that the reclamation could be paid for.
County staff said that Mosler’s current approved plan showed the need for 285,000 cubic yards of fill material, and that he had not posted adequate financial assurance that would cover the cost of the material. County staff also stated that Mosler’s current posted financial assurance of $22,000 was insufficient, and therefore an approved plan with an adequate amount of financial assurance was needed, as required by the State Mining and Geology Board through the State Mining and Reclamation Act. The county’s argument was that state law requires the plan, along with the assurance, be current and approved by the county.
Mosler’s attorney Derek Cole and geologist Dr. Sandy Figuers outlined reasons why the county’s interpretation of the reclamation plan was flawed and said that there was no need for 285,000 tons of fill material that Mosler and Cole claim would cost $3 million to be trucked in. Although planning commissioners questioned Mosler’s numbers, they did agree the cost would be high, and expressed concern about the substantial increase from the current $22,000 posted. Mosler argued that the county has refused to look over his new plan, which he says would require the posting of a $70,000 financial assurance.
Supporters of both Mosler and the county voiced their opinions to the commission. Local construction companies, and other business owners, spoke on Mosler’s behalf and urged commissioners to consider the big picture.
“Times are tough,” said local contractor Chris Hilgers as he stood at the lectern. “I think you have some obligation to work with Mr. Mosler. There is an obligation to find an answer to preserve jobs and keep this asset.”
Long-time valley resident Ernie Ford says he lives just down from the quarry and supports the mine and its owner. “The quarry is run efficiently,” said Ford. “We can see the quarry from our bathroom window. We have seen no evidence of traffic violations or truck overloading. I hope that the county will work with the Moslers and keep the quarry open.”
Representatives from the Stop the Trucks! Coalition had less than positive things to say about the operation and its owners.
One statement given by coalition representatives told of physical abuse by the Moslers during a break in the hearing. “These people are trying to intimidate us,” said coalition chairman Michael Shapiro, who told commissioners of an encounter with Mosler’s wife outside of the hearing room. “She grabbed my hand … Mrs. Mosler almost pulled me to the ground. That was a threat and I don’t take it lightly. I would like some security when we leave.”
When asked about the incident after the hearing, Mosler laughed and said, “My wife is 68-years-old, 5-foot-3 and about 110 pounds.”
County staff supporters did make some points about the issue that gained the commission’s attention, however. “We had no problem with the quarry, provided they stay within their limits,” said coalition supporter Howard Smith. “But we began to realize there were numerous violations. If you don’t follow the rules, you don’t deserve a permit to stay in business.”
Ojai city manager Rob Clark spoke on the Ojai City Council’s behalf, stating that the council unanimously supported county staff’s recommendations to revoke Mosler’s permit. Because Maricopa Highway runs through Ojai city limits and is a trucking route for the quarry, the city took an official stance in support of the county. The city also funds the Stop the Trucks! Coalition’s legal costs through payments that Shapiro claims equal up to around $18,000 annually. City officials could not be reached before print time Thursday to confirm payment amounts to the coalition.
Planning commissioners heard both sides of the story and came to the conclusion that more time was needed for all involved to come to a conclusion. After discussing possible options with Mosler and county staff, the commission unanimously settled on a continuation of the hearing to Feb. 23, providing that Mosler update his financial assurance to cover the $70,000 specified by the new reclamation plan. Mosler is required to pay $25,000 on or before Dec. 24, with the remaining $23,000 to be paid within 30 days after that. Commissioners also required that Mosler continue to make payments on the almost $100,000 in fines and back fees owed to the county.
“I think the commission bent over backwards to get a solution to the problem,” Mosler said after the hearing. “I didn’t win what I wanted, but I didn’t lose either. The commission understands the catch-22 situation that I’ve been involved in and wants to bring that to an end. They want to resolve this.”
The final installment of this four-part series will appear next week in the Ojai Valley News. The conclusion of the series will deal with additional issues raised by Ojai Stop the Trucks! in opposing the quarry, alleged violations brought against Mosler by the County and the mine owner’s response.
As someone who attended the part of the hearing where the Moslers made their arguments to the county as to why they have violated so many regulations and failed to pay the fees, and resulting fines, I can only say that I was not impressed or convinced. I can agree that a responsibly run quarry, with appropriate measures taken to protect the adjacent creek and reclaim the land, among other things, could be an asset to this valley in terms of providing a few jobs and a product needed for construction. However the Moslers, as represented by a lawyer, hugely inflated the costs of cleaning up their quarry in an attempt to avoid doing so. And then blamed the County! Judging from an aerial view, this quarry has increased in area being torn apart by mining by at least seven fold. And they have resisted doing anything to mitigate the negative effects. Should they be allowed to reap the rewards of harvesting a mountain and leave an environmental disaster for US, the taxpayers to clean up? Then there’s the issue of the increase of trucks coming and going, which I never saw even addressed.
But the real clincher was when Mrs. Mosler became abusive and even physical during the break in the hearing. She clearly was not willing to “work with” anyone to solve anything. Then I found out that some man had also threatened someone at their home. To me this indicates a real lack of respect and judgment. Should people like this be the ones to run a business here in Ojai? They have been given yet another chance to clean up their act by the county. Perhaps spending their money on doing that, rather than on lawyers to avoid the issues and blame others, would be a better way to save jobs and save the quarry.
For 41 years I’ve wittnessed this and that… but this recent flap… rhymes with that….. about the old rock quarry is a little too much. This is a sacred valley. These few whom have stirred up this “stop da trucks..” should get mellow, and feel the sacred calm of the real Ojai Valley.
Funny, a union man ought to look up the history of unions and find out who has been pro and con.
We are with you brothers and sisters! Don’t let a bunch of realtors and “progressives” shut you down. They always blame the workin’ man!!
Anon be careful invoking the name of Mother Teresa for your arguments. (see C. Hitchens)
it’s class warfare.
There are so many better things the city could be doing with that $18k than supporting anti-business coalitions. What a waste of resources to be ANTI something. I wonder how many families, animals, non-profits that were for the good of the city could have benefitted instead. Mother Teresa said we should be PRO things….if you are anti war be pro peace instead. If you are anti truck be pro public transportation…..but oh wait this is the same town that doesn’t want the SCAT bus running through their town. Brilliant town……
Good for the County to try to settle this matter. Seems as the OSTT are out to ruin the economy of this county, state and nation for what ever reason.