Golden State Water Reps Face Critics

By Sondra Murphy

Ojai resident Bob Daddi addresses the Golden State Water Company representatives at Wednesday night’s meeting at Chaparral Auditorium.

The crowd was smaller and less hostile at Wednesday’s Town Hall II meeting hosted by Golden State Water Company. The water company filed a general rate case application with the California Public Utilities Commission in January requesting a revenue increase of 43.95 percent for its Ojai customers in 2008.
Those customers who already pay the highest water rates in the Ojai Valley have met such a large increase with alarm.
The 50 people attending Town Hall II were treated to over an hour of presentation about the costs of delivering water to their Ojai customers and the investment in infrastructure made since 2000. Spread sheets and calculations were projected onto a screen while a dozen Golden State employees were on hand to address questions left unanswered from Town Hall I held March 19. These subjects included rate surveys, follow-up on service issues, rate design, infrastructure improvements, finances and shareholder return.
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Casitas Violates State Open Meeting Law

By Daryl Kelley
In approving an appeal of a federal judge's ruling last week, directors of the Casitas Municipal Water District violated the state open meeting law by not declaring how board members voted when making the decision in a closed session.

Robert Sawyer, lawyer for the water district, acknowledged the error Wednesday in an interview and at a Casitas board meeting – after keeping the vote secret was challenged board member Richard Handley and the Ojai Valley News..

“I take full responsibility for this as district counsel,” Sawyer said in the interview. “It was essentially a failure on my part to fully research the issue and get all of the information out.”

To fix the mistake, the Casitas board needed only to publicly announce the vote, which it did on Tuesday with a press release and on Wednesday at the board meeting.

“I apologize,” Sawyer told board members.
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Papers Filed to Recall DeVito

By Nao Braverman
With more than 20 years of service to the city of Ojai, Councilman and Mayor Pro Tem Joe Devito was given notice Tuesday that a recall petition, initiated by Ojai resident Sean Keenan, was in the works.
The notice was signed by 30 registered voters whose signatures were verified by county officials Thursday morning, though only 20 are required for a recall petition to be circulated.
The petition is based on DeVito's alleged blatant refusal to act on the concerns of constituents; his "failure to manage, analyze and address the complex issues that face the city of Ojai;" and his "failure to protect the character of the city of Ojai," according to the notice.
"I think what Ojai really needs right now is someone to stand in its corner," said Keenan. "I don't think Joe is doing that."

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Read the Declaration of Service

Chain Measure Signed By City

By Nao Braverman
City attorney Monte Widders completed the ballot title and summary for Kenley Neufeld’s proposed initiative on April 19 and signed it earlier this week.
The initiative is intended to regulate the location and operation of formula retail and restaurant establishments, within the city limits, in order to maintain Ojai’s character, and the vitality of its tourist economy.
Upon receiving the ballot title and summary, Neufeld published an ad for his proposed ordinance in the Ojai Valley News and will begin collecting signatures today. If Neufeld proves that he has the support of 15 percent of Ojai’s registered voters, approximately 750, the council will be required to either adopt the ordinance, hold a special election or order a staff report related to the topic.
He has 180 days to gather the signatures. If he obtains the required number, they are all verified, and the council decides to hold a special election, it must be held no more than 88 days and no less then 103 days after the council approves it.
Neufeld said he is fairly confident that he will obtain signatures from at least 15 percent of registered voters and hopes to get a significant percentage over the weekend.
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CMWD Board Refuses to Drop Lawsuit

By Daryl Kelley
With swing vote Pete Kaiser swayed by the low cost of an appeal, directors of the Casitas Municipal Water District decided Thursday evening to pursue a costly two-year lawsuit to gain compensation for water the federal government ordered used for migration of the endangered steelhead trout.
Following a lengthy public hearing in which most speakers urged directors to drop the suit — recently weakened by a judge's decision — most Casitas directors voted instead to spend another $45,000 to appeal, setting the stage for a trial if they win. The case has cost the district about $500,000 so far.
The five-member board opted to make its decision in closed session because it was a legal matter. The decision, not the vote, was announced. But it was 3-2, interviews show.
Directors Russ Baggerly and Richard Handley said afterward that they still oppose the suit because it takes money away from key district operations and even a victory could undercut the federal Endangered Species Act.
And directors Bill Hicks and Jim Word, who voted to sue in 2005, said the suit should be pursued to completion because so much money has been spent and Casitas ratepayers should not have to pay for the steelhead migration without federal assistance.
That left Kaiser, who originally voted against the suit as a waste of money and who said again recently that it appeared doomed to failure. He said after the decision that his vote was influenced by financial considerations, specifically the low cost of an appeal.
“That was taken into consideration, yes,” he said, leaving the meeting and declining further comment. He could not be reached for elaboration Friday morning.

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Ojai and Dry

By Daryl Kelley
One of the Ojai Valley’s driest winters in recorded history has prompted its principal ater agency to begin planning for a prolonged drought and to start a $150 rebate program for replacement of old, water-wasting clothes washers and toilets.
“This could be the driest year since 1877 and the second driest in our records, which began in 1867,” said Ron Merckling, spokesman for Casitas Municipal Water District.
Just 7.38 inches of rain has fallen at Casitas Dam since the rainfall year began in October, and with very little rain usually falling after April, Merckling said this year could be a troubling near-record setter.
This year’s rainfall compares with 7.12 inches in the same area in 1877 and 8.77 in 1960-61, the lowest in recent history.
Even during Southern California’s most recent lengthy drought, from 1986-1991, rainfall at Lake Casitas never dropped below 9.46 inches in a year, records show.
As a result, the Oak View-based water agency has diverted no water from the Ventura River for storage in Lake Casitas this year. “We have a dry canal,” Merckling said.
And unlike most of the rest of the region, which receives water by canal from the high mountains of Northern California, the Ojai Valley is dependent on local water from wells or storage at Lake Casitas.
“We’re concerned … And we’re planning a drought consciousness effort because of the potential for a prolonged drought,” Merckling said. Scientists have recently predicted a continuing drought for the West because of climate change.
“It’s important for all of us to start now with water conservation,” he said, “because at the end of a drought the water will diminish very rapidly.”
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Community Wants Green and Sustainable Ojai

By Sondra Murphy
Most of the participants in the Ojai Valleywide Discussion returned for the second round Sunday at Nordhoff's gymnasium, hosted by First District Supervisor Steve Bennett. The purpose of the meeting was to establish work groups and prioritize the future needs of the Ojai Valley.

Like all trilogies, the ending of the second installment left participants with more questions than answers as the prospect of waiting for the final resolution seemed eons away.

The crowd was a bit smaller than the first meeting, but the approximately 230 people who showed up got right back to business. Issues identified as important topics facing the valley at the first discussion in November were listed and ranked.

Members of each table rated the issues as established at that first discussion. Data was then fed into an electronic system that recorded information sent from each work group.

“Isn’t it interesting to have your whole day dependent on technology?” Bennett asked the crowd when the slides he referred to were delayed.
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Community Chooses Valley Priorities

By Sondra Murphy
Most of the participants in the Ojai Valleywide Discussion returned for the second round Sunday at Nordhoff's gymnasium, hosted by First District Supervisor Steve Bennett. The purpose of the meeting was to establish work groups and prioritize the future needs of the Ojai Valley.

Like all trilogies, the ending of the second installment left participants with more questions than answers as the prospect of waiting for the final resolution seemed eons away.

The crowd was a bit smaller than the first meeting, but the approximately 230 people who showed up got right back to business. Issues identified as important topics facing the valley at the first discussion in November were listed and ranked.

Members of each table rated the issues as established at that first discussion. Data was then fed into an electronic system that recorded information sent from each work group.

“Isn’t it interesting to have your whole day dependent on technology?” Bennett asked the crowd when the slides he referred to were delayed.
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Casitas Board Delays Lawsuit Decision

By Daryl Kelley
Delaying a decision so the public may have a greater say, directors of the Casitas Municipal Water District took no action Wednesday evening on whether to end a two-year lawsuit that has cost the district about $500,000 but now appears a legal long shot because of recent court decisions.
The board is expected to consider the case again next Thursday evening once Director Jim Word, who voted for the suit, returns from vacation.
A majority of the five-person board appears to favor dismissal, but the three votes necessary could not be mustered Wednesday, giving the public another chance to participate in the discussion.
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Council Rejects Chain Moratorium

By Nao Braverman

The Ojai City Council was just one vote away from passing a temporary moratorium on chain stores at Tuesday night's special meeting.
Vocal residents who have long feared that chain stores will transform Ojai's historic downtown atmosphere, hurt locally owned businesses and drain dollars out of the community, told the council members they see the prospective Subway as a looming threat.
The City staff has been in the process of writing an ordinance to protect the city's historic area from proliferating chain stores, explained city manager Jere Kersnar. But the expected Subway store is proof enough that that some action needs to be taken in order to prevent chain stores from opening in Ojai while such ordinance is in the process of being researched, he said.
In preparation for the meeting, city staff wrote a temporary emergency ordinance that would prohibit building permits for the establishment of any formula retail business within the historic downtown area. The ordinance defined formula retail as a business that maintained standardized features. The ordinance would apply for 45 days and could be extended or rewritten thereafter. It also required the support of four out of five council members. As Councilwoman Sue Horgan was absent from the meeting the ordinance would only pass with a unanimous vote from the attending council.
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Neufeld Submits Chain Initiative

By Nao Braverman
As word spread of a Subway sandwich shop opening in Ojai’s Arcade Plaza District, some residents wonder how many chain businesses will slide into the downtown area while the city is working on developing an ordinance to keep them out.
City manager Jere Kersnar explained that though the City Council clearly agreed that proliferating chain stores would pose a threat to the community, an ordinance to address the issue would have to be carefully researched, written and approved by the Planning Commission and council.
“We’re working on it,” he said.
In order to speed up the process, Ojai city staff called for a special meeting following the regular council meeting on Tuesday night, to discuss the possible regulation of chain stores within the city.
Council Member Rae Hanstad suggested a temporary moratorium on city permits issued to chain stores, to prevent them from opening downtown until a more comprehensive, carefully researched ordinance was in place.
Council Member Steve Olsen agreed.
“If it is legally possible to to create a moratorium that would prevent Subway from opening in that location, I support it,” he said.
Local resident Kenley Neufeld submitted a ballot initiative to the city, proposing a list of regulations that would apply to all formula retail and restaurant businesses that opened within the city limits. Among them included a 2,000 square foot floor area limit, a two-story limit and, and drive-throughs restricted entirely. Neufeld also added a definition of formula businesses which described them as stores that along with 14 other establishments maintain standardized facades, decor, uniforms, color schemes or signs.
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Kidney Donor, Recipient Friends, Co-workers

By Sondra Murphy
The staff at Ojai Community Bank was all smiles on Friday in anticipation of Wendy Giroux, at left in the photo, receiving a healthy new kidney. The most amazing part of the transplant is that the kidney is being donated Thursday by friend and coworker, Jodi Woolwine. “The bank has been incredibly supportive,” said Giroux. “This is all very exciting to us.”
Giroux and Woolwine have known each other for about 25 years. They have children the same age and have worked together at two different banks. “Jodi kept saying it was going to be her, and it was,” said Giroux.
Giroux was told four years ago that her kidneys were functioning 50 percent below normal. Two years ago she began the testing process at UCLA Medical Center that would allow her to be placed on the transplant list.
Extensive medical tests are performed to measure the health of other organs in analyzing if the patient would be a good transplant candidate. After tests came back strong, Giroux was placed on the recipient list. Today, at 53, she has about 10 percent kidney function.
“The same thing happened to my mother, so I knew what to expect,” said Giroux.
Last year, Woolwine again became a coworker of Giroux’s at Ojai Community Bank. Near the same time, Giroux began dialysis treatments. She goes to Ventura three times a week for the three-hour treatments.Giroux said she has lost a lot of weight in the process, “but that wasn’t necessarily a bad thing.”
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Subway Newest Downtown Ojai Chain?

By Nao Braverman

A Subway sandwich shop is expected to open on the back side of the Arcade Plaza district, bringing about what some vocal community members have feared: the emergence of chain stores in Ojai’s historic downtown area.
Ernie Salomon, a Santa Barbara resident who has owned the building at 323 E. Matilija St. since 1989, said he contacted the Subway corporation after seven sandwich shops and delis he rented the space to flopped in a span of about 10 years.
When Salomon purchased the building the space housed an antique and vintage shop that went out of business. After that he rented to an affordable locally owned sandwich shop called Friends which went out of business and then sandwich shop after sandwich shop failed until he was fed up.
“The local people had difficulty making it there,” said Salomon. “We had a friend in Solvang who owned a Subway that was doing pretty well so I decided to contact the company.”
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Jones Files $10 Million Claim Against City

By Nao Braverman
Local attorney Cathy Elliot Jones filed a $10 million claim with the City of Ojai for “egregious, wrongful and illegal actions” on the part of the Ventura County Sheriff’s Department during a city Council candidates’ forum sponsored by the Ojai Valley News and Ojai Valley Chamber of Commerce last October.
The claim was processed by the city on Monday.
Jones claims she was wrongfully seized by Ojai Police Chief Bruce Norris, a Sheriff’s Department employee.
At the candidates’ forum on Oct. 16, 2006, Jones was forcibly escorted out of the Chaparral Auditorium after creating a commotion and refusing to sit down. Outside the door she was handcuffed and taken to the county jail and released shortly thereafter. She was initially cited for interfering with the meeting and resisting an officer but the charges were later dropped.
Jones’ attorney, Neal Safran, said Norris used excessive force to apprehend and detain her without any justifiable reason.
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Court Date Set in Casitas vs. U.S.

By Daryl Kelley
A federal judge weakened a Casitas Municipal Water District lawsuit on Monday, ruling that a constitutional property right was not involved when the federal government required Casitas to provide water without compensation so the endangered steelhead trout could migrate up the Ventura River.

Judge John Wiese, of the U.S. Court of Federal Claims in Washington, ruled that the Casitas claim will be considered under federal law that deals with the government's simple regulatory constraint of water use, and not as a permanent “physical taking” of private property.

The Fifth Amendment of the U.S. Constitution requires that the government pay just compensation for property seized through its imminent domain powers, as when land is confiscated for construction of a freeway or a school. But federal government lawyers argued that the taking of water to protect an endangered species was not the seizure of property, but simply a restriction on water use for the common good.

A 2001 case on the same issue before the same judge resulted in a federal payout of almost $17 million to a water district in the Central Valley. But since then, a 2002 U.S. Supreme Court decision involving a moratorium on development at Lake Tahoe has admonished judges “that only the government's active hand in the redirection of a property's use may be treated as a per se (property) taking.”
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