Mine opponents suspect official bias

A broad coalition of Ojai residents, environmentalists, business owners, public officials and educators launched a blistering attack June 17 on county planners overseeing permits for mining operations.

Ventura County Chief Executive Officer Marty Robinson confirmed county officials plan to discuss allegations in a letter sent by Stop the Trucks Coalition Vice-Chair Howard Smith about oversight of the controversial Ozena Valley Ranch mine. Frustrated by what they perceive to be lax enforcement of planning regulations, Smith and his allies called for the ouster of a key Ventura County planning official for decisions related to the mine, which is located several miles north of Ojai, east of State Route 33.

“We feel that the county has proven beyond any litmus test that they’re incapable of enforcing any violations,” said Michael Shapiro, chairman of Stop the Trucks Coalition.

Operators of rock and gravel mines claim their industry provides a lynch pin for infrastructure development, while their opponents insist the operations threaten the Los Padres National Forest and the Ojai Valley. Mine operators insist road-building and other projects can keep costs and environmental impacts low by trucking construction materials along State Route 33, despite the coalition’s claim that truck traffic poses greater danger to the Ojai Valley, the environment and motorists by traversing the treacherous twists and grades and tunnels of the highway (see www.vcreporter.com for previous coverage of this subject).

The coalition says officials, particularly planning division manager Patrick Richards, have allowed Ozena to flaunt restrictions the county has placed on the mine. They claim Richards vastly undercounted weigh tickets from July and August 2007. Shapiro says their  stamps prove trucks traveled on Route 33 at restricted times in violation of the permit.

On May 29th Richards responded to the coalition’s questions in a letter that said only 29 of the trips during that two-month period — or 4.47 percent of the 649 truck trips — were inconsistent with limits imposed by the permit.
Richards wrote in the letter the county’s review of the weigh tickets “were found to be inconclusive” toward reviewing the permit. He also directed Smith to a Dec. 21, 2007 letter from planning director Kim Rodriguez — in which she informed Ozena’s lawyer the county wouldn’t retroactively enforce any violations of the permit. Richards would not comment for this story by deadline.

Smith’s letter is a lengthy rebuke of Richards assertions, as well as past handling of Ozena’s case by the planning division.

“We reviewed the same weigh tickets and time stamps as Mr. Richards but arrived at a completely different conclusion using the guidelines clearly set — and confirmed last year by county counsel and Division Director Kim Rodriguez,” Smith said in the letter.

The coalition’s review, he said, revealed that more than 40 percent of the total truck trips violated Ozena’s conditional use permit.

“It would be an act of charity to say that after eight years of monitoring this conditional use permit, the planning division staff appears to suffer from a profound aversion to comprehending, implementing, monitoring and/or insuring compliance of this permit,” Smith wrote.

The letter makes three demands: appoint an ombudsperson to review how planning officials handled Ozena’s permit, terminate the permit for violations the coalition claims are continuing, and that Richards be kept from this project and any dealing with Ojai.

Shapiro said the fact the planning division is dependent on revenue from planning permit application fees creates an inherent conflict of interest.

“They’re pro-development and pro-applicant because they want those fees,” he said.

But John Hecht, the environmental engineer hired by Ozena to acquire its permit, said he “has a lot of respect for Mr. Richards” and his 30 years as a planning professional. He also said he believed the county “does a fine job.”

Hecht said during the time period in question the county and Ozena were in agreement about the rules governing its truck trips.

“Ozena very much wants to stay in business,” he said. “Ozena wants to provide needed materials to Ventura County. Quite honestly what Mr. Shapiro and Stop the Trucks wants to do is put them out of business.”

Shapiro said he and his allies understand there is a need in the county for aggregate materials, but Ojai may be permanently threatened by “industrialization” of Highway 33.

“I acknowledge that there’s a need for rock and aggregrate for construction, highways, and progress,” he said. “There is an alternative route that is not that big of a deal to go to fill that need.”

Highway 126, he said, has much more capacity.

“I’m not trying to be a NIMBY,” Shapiro said, “but in terms of the environment and the Ojai Valley Route 33 compared to Route 126 and its ability to handle the traffic and numbers, there’s no comparison.”

Hecht countered that the coalition hasn’t examined the full environmental impact of alternative routes.

“In the greenhouse gas world it’s not a localized impact,” he said. “What matters is what everybody does everywhere. That’s a very large concern to everyone, everywhere. We’re looking at a much bigger picture than what Mr. Shapiro is describing.”

Robinson, said she has called for a meeting between Resource Management Agency Director Chris Stephens (who oversees the planning department), the county counsel and other county officials to review Smith’s allegations.

“I know that it has been a contentious issue,” Robinson said. “I have an obligation to take a look at this and respond.

“We have to follow up and see what’s going on and see whether there’s a reasonable rationale for however staff reacted,” Robinson said. “If there was, that’s one thing. If there wasn’t what’s the fix and how do we move forward?”   

Copies of Patrick Richards’ and Howard Smith’s letters are available on our Web site at www.vcreporter.com