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Showing posts with label ojai. Show all posts
Showing posts with label ojai. Show all posts
Wednesday, January 7, 2009
Thursday, December 25, 2008
Shuttle Service Stalling Out
Lack of participation from bars threatens designated driver program
By Sondra Murphy
Lack of merchant participation in the Ojai Valley shuttle service is likely to put the brakes on the program before its first anniversary.
Dutch Van Hemert began the downtown shuttle service last winter with The Village Jester owner Nigel Chisholm after observing that there was no night transportation services for people patronizing local bars or restaurants that serve alcohol. As an airport shuttle driver, Van Hemert had the vehicle and license to provide a weekend shuttle for nightlife patrons and Chisholm contacted other merchants to garner support.
According to Van Hemert, about a dozen merchants got on board and contributed from $25 to $80 per weekend, depending on their operating hours, to cover Van Hemert’s fuel and maintenance. Van Hemert said there was rarely any overage to compensate him for his time.
“I’ve been doing this for 11 months now and every weekend a couple hundred people use it, but all the bars and restaurants have pulled out,” he said. “They say the economy is bad and they can’t afford it, but it’s only going to get worse if I quit.”
Van Hemert said that people call him from every corner of the Ojai Valley and he has even gotten calls from the Ojai Valley Inn & Spa and Ojai Valley Community Hospital. “I have driven many people home from the hospital who got fixed up and needed a ride home,” Van Hemert said. “I work on a gratuity basis. If they don’t give you anything, they don’t give you anything. About 80 percent of the people I drive are cool and about 20 percent are generous. Over the months I’ve learned who is generous and who is cheap.” He estimated that it has cost him nearly $29,000 this year to keep going.
Besides the financial strain, Van Hemert has not had a weekend off since starting the shuttle service. “I think that over the 11 months I’ve been doing this I’ve driven well over 10,000 people,” said Van Hemert. “It works, but doesn’t cover the cost. People tell me, ‘We’re so happy we can drive around town and not get hit by a drunk driver,’ but I haven’t found anyone interested in contributing. I don’t have the money to support it anymore. I need help. There are so many people in Ojai who have so much money that it would be a drop in the bucket. That’s the sad part.”
Hill Top Bar bartender Sonia Miller is one of the merchants who had liked the idea. A previous supporter of the shuttle, Miller is no longer participating. “We stopped it about two months ago,” she said.
“We didn’t have enough customers using it. With the economy slowing, business is so slow we just can’t afford it anymore.”
Chisholm said The Village Jester, The Hub and Feast Bistro were the last of the participating mer-chants who quit in October. With only three businesses participating but all benefiting, their enthusiasm waned.
“I am uncomfortable that there didn’t appear to be enough interest from other businesses to keep the shuttle viable,” said Chisholm. “I think it’s a tremendous loss to the community. Undoubtedly, the shuttle started by Dutch and myself has saved lives and countless dollars that DUI arrests cost.”
Van Hemert is reluctant to charge users for the service or look for possible government assistance for the service. “There’s all kinds of paperwork involved if you charge for the service,” said Van Hemert. “The Department of Transportation, they put you through the wringer.”
Chisholm thinks that tokens sold by participating merchants could be one solution. That system would let businesses pay Van Hemert back for customers who already paid for the service.
If the shuttle stops, Van Hemert does not expect anyone else to be interested in providing the type of service he performs. “I don’t think there are many people who are going to put up with it. People tell me I’m nuts. I had my stepson drive with me one weekend and he said, ‘You’re crazy. You’re absolutely crazy.’ But visitors say the downtown shuttle is the coolest thing ever, that few other communities offer this kind of thing.”
If the lack of funding continues, Van Hemert expects to stop the service at the end of this year. Chisholm is disappointed. “I’m not exactly sure that letting the shuttle die is the right choice for this community,” he said. “I would hope that, in the near future, all local businesses would see fit to support the service for what is a minimal cost.” He pointed out that if all participating merchants helped support the shuttle, the cost would go down.
“How much is one life worth?” asked Chisholm.
By Sondra Murphy
Lack of merchant participation in the Ojai Valley shuttle service is likely to put the brakes on the program before its first anniversary.
Dutch Van Hemert began the downtown shuttle service last winter with The Village Jester owner Nigel Chisholm after observing that there was no night transportation services for people patronizing local bars or restaurants that serve alcohol. As an airport shuttle driver, Van Hemert had the vehicle and license to provide a weekend shuttle for nightlife patrons and Chisholm contacted other merchants to garner support.
According to Van Hemert, about a dozen merchants got on board and contributed from $25 to $80 per weekend, depending on their operating hours, to cover Van Hemert’s fuel and maintenance. Van Hemert said there was rarely any overage to compensate him for his time.
“I’ve been doing this for 11 months now and every weekend a couple hundred people use it, but all the bars and restaurants have pulled out,” he said. “They say the economy is bad and they can’t afford it, but it’s only going to get worse if I quit.”
Van Hemert said that people call him from every corner of the Ojai Valley and he has even gotten calls from the Ojai Valley Inn & Spa and Ojai Valley Community Hospital. “I have driven many people home from the hospital who got fixed up and needed a ride home,” Van Hemert said. “I work on a gratuity basis. If they don’t give you anything, they don’t give you anything. About 80 percent of the people I drive are cool and about 20 percent are generous. Over the months I’ve learned who is generous and who is cheap.” He estimated that it has cost him nearly $29,000 this year to keep going.
Besides the financial strain, Van Hemert has not had a weekend off since starting the shuttle service. “I think that over the 11 months I’ve been doing this I’ve driven well over 10,000 people,” said Van Hemert. “It works, but doesn’t cover the cost. People tell me, ‘We’re so happy we can drive around town and not get hit by a drunk driver,’ but I haven’t found anyone interested in contributing. I don’t have the money to support it anymore. I need help. There are so many people in Ojai who have so much money that it would be a drop in the bucket. That’s the sad part.”
Hill Top Bar bartender Sonia Miller is one of the merchants who had liked the idea. A previous supporter of the shuttle, Miller is no longer participating. “We stopped it about two months ago,” she said.
“We didn’t have enough customers using it. With the economy slowing, business is so slow we just can’t afford it anymore.”
Chisholm said The Village Jester, The Hub and Feast Bistro were the last of the participating mer-chants who quit in October. With only three businesses participating but all benefiting, their enthusiasm waned.
“I am uncomfortable that there didn’t appear to be enough interest from other businesses to keep the shuttle viable,” said Chisholm. “I think it’s a tremendous loss to the community. Undoubtedly, the shuttle started by Dutch and myself has saved lives and countless dollars that DUI arrests cost.”
Van Hemert is reluctant to charge users for the service or look for possible government assistance for the service. “There’s all kinds of paperwork involved if you charge for the service,” said Van Hemert. “The Department of Transportation, they put you through the wringer.”
Chisholm thinks that tokens sold by participating merchants could be one solution. That system would let businesses pay Van Hemert back for customers who already paid for the service.
If the shuttle stops, Van Hemert does not expect anyone else to be interested in providing the type of service he performs. “I don’t think there are many people who are going to put up with it. People tell me I’m nuts. I had my stepson drive with me one weekend and he said, ‘You’re crazy. You’re absolutely crazy.’ But visitors say the downtown shuttle is the coolest thing ever, that few other communities offer this kind of thing.”
If the lack of funding continues, Van Hemert expects to stop the service at the end of this year. Chisholm is disappointed. “I’m not exactly sure that letting the shuttle die is the right choice for this community,” he said. “I would hope that, in the near future, all local businesses would see fit to support the service for what is a minimal cost.” He pointed out that if all participating merchants helped support the shuttle, the cost would go down.
“How much is one life worth?” asked Chisholm.
Long Road Ahead In Gravel Truck Fight
Violations continue to be reported, despite restrictions
By Linda Harmon
Even after a Ventura County court upheld C.U.P. restrictions for the Ozena gravel mines for both north- and south-bound traffic, and re-affirmed the county’s power to apply them, the gravel trucks keep on rolling. And Stop the Trucks Coalition says it must keep on fighting.
“We intend to keep protecting the valley from these interests that would violate their conditional use permits and send more trucks rumbling through our valley,” said Howard Smith, vice chairman of Stop the Trucks.
Stop the Trucks has been actively documenting violations in hopes of either getting county officials to strictly enforce existing governmental controls, or revoke the offending mine’s C.U.P. entirely. At its Oct. 14 meeting, the city of Ojai joined the effort and committed to backing the nonprofit organization with needed funds.
According to Smith, there have been numerous recent violations by gravel trucks traveling along the Highway 33 corridor during forbidden hours. The mine’s C.U.P. allows gravel trucks to travel only between 6 to 7 a.m. and from 9 a.m. to 3 p.m. on weekdays.
The group has been in contact with Kim Rodriguez, Ventura County Planning director, and her superiors, requesting all weight tickets from Ozena between Dec. 1, 2007 and Aug. 12, 2008, to gain more evidence of non-compliance and force the withdrawal of Ozena’s C.U.P., which would halt its operations.
“It appears that the enforcement work of the prior weeks with Ozena has been to little avail,” wrote Smith in an e-mail to Rodriguez. “This morning, Dec. 18, 2008, a dark blue, double hopper truck from Pride Trucking passed by Nordhoff High School just as students were arriving, heading north at 7:37 a.m., in apparent violation of the allowed hours of travel through the Ojai Valley.”
That is only one of eight complaints noted in the e-mail sent to Rodriguez by Smith regarding Ozena’s operations in the last two months.
According to Smith, he was pleased by the footnote in County Court Judge Glen Reiser’s Dec. 10 decision rejecting Ozena’s owner Elizabeth Virgilio’s writ petition, saying that the owners should be happy they can continue to operate at all. In a recent e-mail to members, Smith wrote, “It is a huge victory for the Stop the Trucks Coalition, particularly considering a footnote by Judge Reiser, which states: ‘The initial permit allows for a five-year extension if the Planning Director, assuming, ‘all conditions have been continuously complied with’ by petitioners, authorizes such continued use. Since the County has already found permit violations, it might well be an abuse of discretion for the Planning Director to authorize such an extension. This issue however is not before the court.’”
Smith’s e-mail also points out another oversight by county officials who failed to heed warnings about the potential collapse of State Route 33. The road, in fact, collapsed in February of 2008.
According to Smith, in a letter dated Aug. 21, 2006, the Ojai Valley Municipal Advisory Council warned county officials that “SR-33 has suffered many landslides and slipped roadways in past years. The vibration created by the mine’s trucks on SR-33 may be adding significantly to the problem of road slippage, slumps, and slides. No review of vibration as a potential impact on SR-33 has been included in the Draft MND and vibration from trucks may present a significant adverse impact on the environment.”
According to Smith, a Caltrans District 7 traffic study dated July 2007, concluded that State Route 33 is maintained to provide safe travel for all motorists and is designed to accommodate large trucks. After the collapse, Maria Raptis, spokesperson for Caltrans District 7, said that the study had focused exclusively on the geometric design of the road for safe and orderly movement of vehicles, but not on the effect of the vibrations caused by the heavy trucks.
Stop the Trucks Coalition has repeatedly questioned whether SR-33 should be open to any heavy gravel trucks. Smith questions “why extensive studies of the impact of gravel trucks are being excluded from the EIR review process.”
Truck travel and its regulation are further complicated for area governments as gravel trucks often travel across county boundaries, necessitating that area governments work together.
Stop the Trucks and officials from both Santa Barbara and Ventura counties reached a temporary solution at an earlier hearing for expansion of the Diamond Rock Mine. They decided further escalation of trips into their boundaries was best achieved by cooperation and promised to only grant new, or modifying existing C.U.P.s, for mining operations whose traffic stayed within their own boundaries. The compromise is tenuous, depending on each county to uphold their end of the bargain. No other method has been put forward since for a problem that seems unlikely to go away soon.
The future of this issue is further complicated by what Caltrans sees as an increasing need for materials to maintain state infrastructure. Stop The Trucks and the Ojai Valley may face an uphill battle if the demand for gravel rises with potential funding from the incoming Obama administration, an issue Ventura County Supervisor Steve Bennett addressed in a recent e-mail.
“The county doesn’t actually expect a windfall of infrastructure funding,” said Bennett, “nor any substantial increase in public works projects in the Ojai Valley. However … if additional state and or federal transportation funding becomes available it would move up the repaving of county roads; i.e. roads would be repaved sooner rather than later.”
By Linda Harmon
Even after a Ventura County court upheld C.U.P. restrictions for the Ozena gravel mines for both north- and south-bound traffic, and re-affirmed the county’s power to apply them, the gravel trucks keep on rolling. And Stop the Trucks Coalition says it must keep on fighting.
“We intend to keep protecting the valley from these interests that would violate their conditional use permits and send more trucks rumbling through our valley,” said Howard Smith, vice chairman of Stop the Trucks.
Stop the Trucks has been actively documenting violations in hopes of either getting county officials to strictly enforce existing governmental controls, or revoke the offending mine’s C.U.P. entirely. At its Oct. 14 meeting, the city of Ojai joined the effort and committed to backing the nonprofit organization with needed funds.
According to Smith, there have been numerous recent violations by gravel trucks traveling along the Highway 33 corridor during forbidden hours. The mine’s C.U.P. allows gravel trucks to travel only between 6 to 7 a.m. and from 9 a.m. to 3 p.m. on weekdays.
The group has been in contact with Kim Rodriguez, Ventura County Planning director, and her superiors, requesting all weight tickets from Ozena between Dec. 1, 2007 and Aug. 12, 2008, to gain more evidence of non-compliance and force the withdrawal of Ozena’s C.U.P., which would halt its operations.
“It appears that the enforcement work of the prior weeks with Ozena has been to little avail,” wrote Smith in an e-mail to Rodriguez. “This morning, Dec. 18, 2008, a dark blue, double hopper truck from Pride Trucking passed by Nordhoff High School just as students were arriving, heading north at 7:37 a.m., in apparent violation of the allowed hours of travel through the Ojai Valley.”
That is only one of eight complaints noted in the e-mail sent to Rodriguez by Smith regarding Ozena’s operations in the last two months.
According to Smith, he was pleased by the footnote in County Court Judge Glen Reiser’s Dec. 10 decision rejecting Ozena’s owner Elizabeth Virgilio’s writ petition, saying that the owners should be happy they can continue to operate at all. In a recent e-mail to members, Smith wrote, “It is a huge victory for the Stop the Trucks Coalition, particularly considering a footnote by Judge Reiser, which states: ‘The initial permit allows for a five-year extension if the Planning Director, assuming, ‘all conditions have been continuously complied with’ by petitioners, authorizes such continued use. Since the County has already found permit violations, it might well be an abuse of discretion for the Planning Director to authorize such an extension. This issue however is not before the court.’”
Smith’s e-mail also points out another oversight by county officials who failed to heed warnings about the potential collapse of State Route 33. The road, in fact, collapsed in February of 2008.
According to Smith, in a letter dated Aug. 21, 2006, the Ojai Valley Municipal Advisory Council warned county officials that “SR-33 has suffered many landslides and slipped roadways in past years. The vibration created by the mine’s trucks on SR-33 may be adding significantly to the problem of road slippage, slumps, and slides. No review of vibration as a potential impact on SR-33 has been included in the Draft MND and vibration from trucks may present a significant adverse impact on the environment.”
According to Smith, a Caltrans District 7 traffic study dated July 2007, concluded that State Route 33 is maintained to provide safe travel for all motorists and is designed to accommodate large trucks. After the collapse, Maria Raptis, spokesperson for Caltrans District 7, said that the study had focused exclusively on the geometric design of the road for safe and orderly movement of vehicles, but not on the effect of the vibrations caused by the heavy trucks.
Stop the Trucks Coalition has repeatedly questioned whether SR-33 should be open to any heavy gravel trucks. Smith questions “why extensive studies of the impact of gravel trucks are being excluded from the EIR review process.”
Truck travel and its regulation are further complicated for area governments as gravel trucks often travel across county boundaries, necessitating that area governments work together.
Stop the Trucks and officials from both Santa Barbara and Ventura counties reached a temporary solution at an earlier hearing for expansion of the Diamond Rock Mine. They decided further escalation of trips into their boundaries was best achieved by cooperation and promised to only grant new, or modifying existing C.U.P.s, for mining operations whose traffic stayed within their own boundaries. The compromise is tenuous, depending on each county to uphold their end of the bargain. No other method has been put forward since for a problem that seems unlikely to go away soon.
The future of this issue is further complicated by what Caltrans sees as an increasing need for materials to maintain state infrastructure. Stop The Trucks and the Ojai Valley may face an uphill battle if the demand for gravel rises with potential funding from the incoming Obama administration, an issue Ventura County Supervisor Steve Bennett addressed in a recent e-mail.
“The county doesn’t actually expect a windfall of infrastructure funding,” said Bennett, “nor any substantial increase in public works projects in the Ojai Valley. However … if additional state and or federal transportation funding becomes available it would move up the repaving of county roads; i.e. roads would be repaved sooner rather than later.”
Union 76 Owner Seeks Zone Change
Calls made for plan for whole Maricopa area
By Sondra Murphy
A business owner’s desire to expand his gas station near the “Y” prompted the Ojai Planning Commission to discuss the future improvement to that area of Ojai.
Neil Abasi brought to the council a concept review for a zone change from business professional to general commercial in order to allow his Union 76 station on Maricopa Highway to add a mini-mart and drive-through car wash. It was Abasi’s third presentation to the commissioners, who were still unsatisfied with the plan’s accommodation for any increased pedestrian traffic the expansion would invite.
General safety at the three-way intersection was discussed as needing improvement. “I think we could support the changes despite the fact that it’s a huge intensity of use, but the public realm needs to be addressed in order to balance that,” said President Paul Crabtree.
“We are hoping we will have created, over time, a more pedestrian-friendly environment,” said Commissioner Susan Weaver.
“Right now, everyone who walks there puts their lives on the line. We were hoping that we would see something safer and more attractive for pedestrians.”
“Making a zone change is a really big thing for us and I’m not really seeing incentive,” said Commissioner John Mirk.
“Commis-sioner Mirk is absolutely right,” said Commissioner Steven Foster. “A zone change bears a lot of consequence for us and we need substance to justify one. The fact of its location, that it’s at the gateway into Ojai, the aesthetics become very important, but there’s a certain lack of design involvement that needs to be brought up to a higher level.”
The commissioners also hoped for improved style and configuration design for the business that would be more attractive to potential customers. Commissioner Troy Becker suggested to Abasi’s architect, Seven Bovee, that he tighten up the visual design. “It’s really hard to tell what this is going to look like given the drawings,” said Becker. “It looks like it’s going in a Craftsman direction, but you said Western and I think it would help if it went more in one direction or another.”
The commission thought moving the driveways from Maricopa Highway frontage to North Carillo Road frontage would improve some of the safety concerns, but also acknowledged that, with the pumps running parallel to the highway, it creates design challenges for Abasi and Bovee.
“Those driveways would never be allowed in today’s standards,” said Foster.
“And if you’re putting in a convenience store where people may come — pedestrians and young kids and skateboards and cars are pulling in and out and trying to get to the propane tank — that becomes a dangerous environment,” said Weaver.
“It would be nice to have a whole Maricopa plan,” said Carol Smith, City Council liaison. “That 76 lot is huge, there’s a lot of area there and also we have Carillo behind it that has a lot of seniors and a lot of people walking.” She encouraged the commission to take a closer look at the whole area in terms of improving the visual design, as well as functionality.
“I’ve always thought we could do some real work at the ‘Y,’ but it would involve all the property owners,” said city manager Jere Kersnar.
In other planning business, the commission approved two residential design review permits. Hank and Jean Manninen were given the go-ahead on construction of a two-story, single-family residence and detached garage with a second residence on South Montgomery Street, and Chuck Barnett got the green light for an addition to a rental unit on East Aliso Street.
Both sets of property owners have been working with the commission on design requirements and vegetation design that would enhance their neighborhoods.
Barnett’s plan to install native, drought-tolerant plants brought up the issue of the commission’s irrigation requirements. “I’ve had experience with native plants,” said Weaver. “”I don’t think we need to require the irrigation system. I think it would present the risk of overwatering. I support any move we can make toward xeriscaping and we have to rethink what we require people to do in terms of watering.”
The commission waived Barnett’s irrigation requirement with the condition he report back to the city in about one year on the condition of his landscaping.
Smith also reported to the commission that there is council interest in developing an ordinance regarding plastic shopping bags and she has requested that the Ojai Valley Green Coalition look into options such as biodegradable plastic, among other things.
By Sondra Murphy
A business owner’s desire to expand his gas station near the “Y” prompted the Ojai Planning Commission to discuss the future improvement to that area of Ojai.
Neil Abasi brought to the council a concept review for a zone change from business professional to general commercial in order to allow his Union 76 station on Maricopa Highway to add a mini-mart and drive-through car wash. It was Abasi’s third presentation to the commissioners, who were still unsatisfied with the plan’s accommodation for any increased pedestrian traffic the expansion would invite.
General safety at the three-way intersection was discussed as needing improvement. “I think we could support the changes despite the fact that it’s a huge intensity of use, but the public realm needs to be addressed in order to balance that,” said President Paul Crabtree.
“We are hoping we will have created, over time, a more pedestrian-friendly environment,” said Commissioner Susan Weaver.
“Right now, everyone who walks there puts their lives on the line. We were hoping that we would see something safer and more attractive for pedestrians.”
“Making a zone change is a really big thing for us and I’m not really seeing incentive,” said Commissioner John Mirk.
“Commis-sioner Mirk is absolutely right,” said Commissioner Steven Foster. “A zone change bears a lot of consequence for us and we need substance to justify one. The fact of its location, that it’s at the gateway into Ojai, the aesthetics become very important, but there’s a certain lack of design involvement that needs to be brought up to a higher level.”
The commissioners also hoped for improved style and configuration design for the business that would be more attractive to potential customers. Commissioner Troy Becker suggested to Abasi’s architect, Seven Bovee, that he tighten up the visual design. “It’s really hard to tell what this is going to look like given the drawings,” said Becker. “It looks like it’s going in a Craftsman direction, but you said Western and I think it would help if it went more in one direction or another.”
The commission thought moving the driveways from Maricopa Highway frontage to North Carillo Road frontage would improve some of the safety concerns, but also acknowledged that, with the pumps running parallel to the highway, it creates design challenges for Abasi and Bovee.
“Those driveways would never be allowed in today’s standards,” said Foster.
“And if you’re putting in a convenience store where people may come — pedestrians and young kids and skateboards and cars are pulling in and out and trying to get to the propane tank — that becomes a dangerous environment,” said Weaver.
“It would be nice to have a whole Maricopa plan,” said Carol Smith, City Council liaison. “That 76 lot is huge, there’s a lot of area there and also we have Carillo behind it that has a lot of seniors and a lot of people walking.” She encouraged the commission to take a closer look at the whole area in terms of improving the visual design, as well as functionality.
“I’ve always thought we could do some real work at the ‘Y,’ but it would involve all the property owners,” said city manager Jere Kersnar.
In other planning business, the commission approved two residential design review permits. Hank and Jean Manninen were given the go-ahead on construction of a two-story, single-family residence and detached garage with a second residence on South Montgomery Street, and Chuck Barnett got the green light for an addition to a rental unit on East Aliso Street.
Both sets of property owners have been working with the commission on design requirements and vegetation design that would enhance their neighborhoods.
Barnett’s plan to install native, drought-tolerant plants brought up the issue of the commission’s irrigation requirements. “I’ve had experience with native plants,” said Weaver. “”I don’t think we need to require the irrigation system. I think it would present the risk of overwatering. I support any move we can make toward xeriscaping and we have to rethink what we require people to do in terms of watering.”
The commission waived Barnett’s irrigation requirement with the condition he report back to the city in about one year on the condition of his landscaping.
Smith also reported to the commission that there is council interest in developing an ordinance regarding plastic shopping bags and she has requested that the Ojai Valley Green Coalition look into options such as biodegradable plastic, among other things.
MAC Mulls MO Parking Options
Safety issues include recommendations for four-way stop at Alvarado and El Roblar
By Sondra Murphy
In an effort to create a safer traffic situation in Meiners Oaks, the Ojai Valley Municipal Advisory Council voted Dec. 15 to recommend several changes in the 500 block of El Roblar Drive.
The council recommended to Ventura County that a four-way stop be installed, complete with crosswalks, at Alvarado Avenue and West El Roblar Drive. As part of the joint motion by council members Jerry Kaplan and Russ Baggerly, the council is also recommending that a current bus stop in the 400 block of West El Roblar be moved closer to the corner of Alvarado Avenue, both for safety purposes and to open up parking options in the area. Baggerly also moved to create a loading zone on the south corner of El Roblar Drive near Alvarado Avenue.
It was after much discussion by the council and community that the recommendation was agreed upon. Nazir Lalani Public Works Agency was present to explain the study his agency completed last month regarding creating several “No Parking” zones that concerned local merchants in the burgeoning commercial area.
Those Public Works recommendations discussed by MAC last month were created based on site line visibility at the corners of Poli and Alvarado avenues.
After exploring reducing the speed limit, roadway berms and bike lanes, the council felt that stops signs, which Lalani said cost about $300 each to install, would be most effective in increasing safety in the 25 mile-per-hour neighbor-hood. Lalani said reducing the speed limit would be more expensive.
With the addition of stop signs to the council’s recommendation, Lalani said 40- to 65-foot “No Parking” zones would likely be unnecessary, as stop signs allow drivers to better observe vehicles or pedestrians and he said the agency would reassess if shorter “No Parking” zones, if any, should be called for.
Most of the public attending the meeting seemed satisfied with the MAC’s recommendation, as it allowed for continued merchant parking while addressing the safety concerns that initiated the Public Works study.
Increased Highway Patrol presence was brought up as necessary to prompt drivers into slowing down along the road. “Police are the key to safety,” said resident Laurie Dunn.
“Courteous drivers wouldn’t hurt, either,” said Baggerly.
The further issue about public parking and more pedestrian- and bicycle-friendly features in Meiners Oaks proves a greater hurdle to clear, as funding for such a project is lean. Lalani said most county communities rely on very competitive grants to cover the costs.
Council member Florencia Ramirez suggested the council consider some long-term mitigation to the parking concerns. Baggerly asked executive director Steve Offerman to seek possible funding sources.
The Ojai Valley Municipal Advisory Council usually meets the third Monday of each month at 7 p.m. in the Oak View Community Center, 18 Valley Road. The public is always welcome to attend. Agendas and information are posted on 1st District Supervisor Steve Bennett’s web site at countyofventura.org/ovma. For more information, contact Offerman at steve.offerman@ventura.org or call 654-2703.
By Sondra Murphy
In an effort to create a safer traffic situation in Meiners Oaks, the Ojai Valley Municipal Advisory Council voted Dec. 15 to recommend several changes in the 500 block of El Roblar Drive.
The council recommended to Ventura County that a four-way stop be installed, complete with crosswalks, at Alvarado Avenue and West El Roblar Drive. As part of the joint motion by council members Jerry Kaplan and Russ Baggerly, the council is also recommending that a current bus stop in the 400 block of West El Roblar be moved closer to the corner of Alvarado Avenue, both for safety purposes and to open up parking options in the area. Baggerly also moved to create a loading zone on the south corner of El Roblar Drive near Alvarado Avenue.
It was after much discussion by the council and community that the recommendation was agreed upon. Nazir Lalani Public Works Agency was present to explain the study his agency completed last month regarding creating several “No Parking” zones that concerned local merchants in the burgeoning commercial area.
Those Public Works recommendations discussed by MAC last month were created based on site line visibility at the corners of Poli and Alvarado avenues.
After exploring reducing the speed limit, roadway berms and bike lanes, the council felt that stops signs, which Lalani said cost about $300 each to install, would be most effective in increasing safety in the 25 mile-per-hour neighbor-hood. Lalani said reducing the speed limit would be more expensive.
With the addition of stop signs to the council’s recommendation, Lalani said 40- to 65-foot “No Parking” zones would likely be unnecessary, as stop signs allow drivers to better observe vehicles or pedestrians and he said the agency would reassess if shorter “No Parking” zones, if any, should be called for.
Most of the public attending the meeting seemed satisfied with the MAC’s recommendation, as it allowed for continued merchant parking while addressing the safety concerns that initiated the Public Works study.
Increased Highway Patrol presence was brought up as necessary to prompt drivers into slowing down along the road. “Police are the key to safety,” said resident Laurie Dunn.
“Courteous drivers wouldn’t hurt, either,” said Baggerly.
The further issue about public parking and more pedestrian- and bicycle-friendly features in Meiners Oaks proves a greater hurdle to clear, as funding for such a project is lean. Lalani said most county communities rely on very competitive grants to cover the costs.
Council member Florencia Ramirez suggested the council consider some long-term mitigation to the parking concerns. Baggerly asked executive director Steve Offerman to seek possible funding sources.
The Ojai Valley Municipal Advisory Council usually meets the third Monday of each month at 7 p.m. in the Oak View Community Center, 18 Valley Road. The public is always welcome to attend. Agendas and information are posted on 1st District Supervisor Steve Bennett’s web site at countyofventura.org/ovma. For more information, contact Offerman at steve.offerman@ventura.org or call 654-2703.
Thursday, December 18, 2008
Ojai Survey Centers On Youth, Greening
Make Ojai Better survey draws nearly 1,000 responses, share of criticism
By Linda Harmon
The Make Ojai Better Survey results are out and the author, Steve Velkei, has made a mark on Ojai. Velkei, a lawyer who splits his time between Ojai and Los Angeles, took out a full-page ad in this newspaper last summer and founded a web site, MakeOjaiBetter.com to get responses to his survey.
According to Velkei he did so “to begin a dialogue about how to effect positive change in Ojai” and “help the community and its leaders prioritize what is most important.”
He approached pretty much anyone who would listen and a few that didn’t.
“I wanted to make it as broad-based as possible,” said Velkei, who had responses from people age 14 to 95.
Not everyone was happy with the survey or with Velkei.
“I had people threaten me about the survey,” added Velkei, who tried not to take it to heart. “I had one guy who said, ‘If your survey says x, y, and z, then you’re my enemy.’ Now what kind of word is that to use about someone in your community?”
Undeterred, Velkei went on to gather more than 998 respondents for his survey, talking with people at churches, shopping centers, the Farmers’ Market, Little House, the Skate Park, Nordhoff High School, and even dinner parties, gathering responses.
He found the top five concerns were increasing youth activities, moving toward becoming a “green” city, increased preservation of public land, increasing affordable housing, and better maintenance of public facilities.
“Once I broke down the data I could see where different groups ranked on each issue,” said Velkei, citing the gender breakdown on the green issue ranking as an example. “Among women going green was the No. 1 issue, with men, No. 4. But on two issues, youth activities and going green, people really seemed to transcend groups and there was a really close battle between the two.”
Velkei’s survey found several trends that he found of interest and concern. According to Velkei, the No. 1 issue for people under 25 was affordable housing, followed by increasing youth activities and going green. In the over 50 and 60 age categories, going green ranked first, ahead of preservation of public land and youth activities, with affordable housing a much lower concern.
“On affordable housing, it looks like the older the respondents were, the lower it ranked,” said Velkei. He added that some older respondents indicated they were afraid of affordable housing’s impact, while data showed affordable housing outranked any other issue in the 25-and-under age category telling.
“This is an experiment in creating a larger awareness and getting people connected so that they can feel a part of the system,” said Velkei. “There are a lot of people who felt totally disconnected. That kept me going.”
Velkei addressed the City Council last week when they voted on whether to approve funding $10,000 for the Ojai Youth Employment Service.
“We do have the ability to make a difference,” said Velkei at the meeting, giving the council members copies of his results. “Given the enthusiastic support reflected in this survey for more youth activities, I am hopeful that this agenda item will pass unanimously.”
Later, after a lengthy presentation by rep-resentatives of the Youth Employment Service, including several student testimonials, the allocation did pass unanimously.
Velkei was pleased.
Velkei was hoping the survey would promote action on other issues as well, and is disappointed that he hasn’t been approached by any members of the council about the results.
“Somehow I get the sense they’re not really interested,” said Velkei. “When Jere Kersnar moved here from Carmel he had talked about doing a survey and yet one of the earlier responses from the city manager office was, ‘We have plenty of events for youth, what are they talking about? What is all this complaining about?’ I really wonder if anyone is going to pay attention.”
Velkei hopes the survey provides issues that will unite the community, bringing it together to find compromises.
“For instance, with an issue like affordable housing, it is a state-mandated issue,” said Velkei. “Let’s not waste energy fighting it. Obviously there are going to be issues with resources and water. Maybe there will be 200 units, not 400, but let’s get together and help solve some of these issues. Make those units a showcase, from a green perspective, and a model for what this community can be.”
He hopes people take the information in the survey and move forward.
“The issue of going green alone could be part of the impetus to get the city to adopt a resolution which says, we are going to be a green city by (specific date) and do the following things to meet that goal.”
Velkei says anyone interested about specific comments made by participants and more detail about the process are welcome to contact him at MakeOjaiBetter.com. For now, he is just glad to get his spare time back.
By Linda Harmon
The Make Ojai Better Survey results are out and the author, Steve Velkei, has made a mark on Ojai. Velkei, a lawyer who splits his time between Ojai and Los Angeles, took out a full-page ad in this newspaper last summer and founded a web site, MakeOjaiBetter.com to get responses to his survey.
According to Velkei he did so “to begin a dialogue about how to effect positive change in Ojai” and “help the community and its leaders prioritize what is most important.”
He approached pretty much anyone who would listen and a few that didn’t.
“I wanted to make it as broad-based as possible,” said Velkei, who had responses from people age 14 to 95.
Not everyone was happy with the survey or with Velkei.
“I had people threaten me about the survey,” added Velkei, who tried not to take it to heart. “I had one guy who said, ‘If your survey says x, y, and z, then you’re my enemy.’ Now what kind of word is that to use about someone in your community?”
Undeterred, Velkei went on to gather more than 998 respondents for his survey, talking with people at churches, shopping centers, the Farmers’ Market, Little House, the Skate Park, Nordhoff High School, and even dinner parties, gathering responses.
He found the top five concerns were increasing youth activities, moving toward becoming a “green” city, increased preservation of public land, increasing affordable housing, and better maintenance of public facilities.
“Once I broke down the data I could see where different groups ranked on each issue,” said Velkei, citing the gender breakdown on the green issue ranking as an example. “Among women going green was the No. 1 issue, with men, No. 4. But on two issues, youth activities and going green, people really seemed to transcend groups and there was a really close battle between the two.”
Velkei’s survey found several trends that he found of interest and concern. According to Velkei, the No. 1 issue for people under 25 was affordable housing, followed by increasing youth activities and going green. In the over 50 and 60 age categories, going green ranked first, ahead of preservation of public land and youth activities, with affordable housing a much lower concern.
“On affordable housing, it looks like the older the respondents were, the lower it ranked,” said Velkei. He added that some older respondents indicated they were afraid of affordable housing’s impact, while data showed affordable housing outranked any other issue in the 25-and-under age category telling.
“This is an experiment in creating a larger awareness and getting people connected so that they can feel a part of the system,” said Velkei. “There are a lot of people who felt totally disconnected. That kept me going.”
Velkei addressed the City Council last week when they voted on whether to approve funding $10,000 for the Ojai Youth Employment Service.
“We do have the ability to make a difference,” said Velkei at the meeting, giving the council members copies of his results. “Given the enthusiastic support reflected in this survey for more youth activities, I am hopeful that this agenda item will pass unanimously.”
Later, after a lengthy presentation by rep-resentatives of the Youth Employment Service, including several student testimonials, the allocation did pass unanimously.
Velkei was pleased.
Velkei was hoping the survey would promote action on other issues as well, and is disappointed that he hasn’t been approached by any members of the council about the results.
“Somehow I get the sense they’re not really interested,” said Velkei. “When Jere Kersnar moved here from Carmel he had talked about doing a survey and yet one of the earlier responses from the city manager office was, ‘We have plenty of events for youth, what are they talking about? What is all this complaining about?’ I really wonder if anyone is going to pay attention.”
Velkei hopes the survey provides issues that will unite the community, bringing it together to find compromises.
“For instance, with an issue like affordable housing, it is a state-mandated issue,” said Velkei. “Let’s not waste energy fighting it. Obviously there are going to be issues with resources and water. Maybe there will be 200 units, not 400, but let’s get together and help solve some of these issues. Make those units a showcase, from a green perspective, and a model for what this community can be.”
He hopes people take the information in the survey and move forward.
“The issue of going green alone could be part of the impetus to get the city to adopt a resolution which says, we are going to be a green city by (specific date) and do the following things to meet that goal.”
Velkei says anyone interested about specific comments made by participants and more detail about the process are welcome to contact him at MakeOjaiBetter.com. For now, he is just glad to get his spare time back.
DUI Takes Toll On Skills, Privileges
Justin Veenhuis fails a sobriety test under the watchful eye of Deputy Mike Harris of the Ventura County Sheriff’s Department.By Misty Volaski
Drinking and driving don’t mix, as Justin Veenhuis discovered in an OVN drunk-driving simulation Tuesday night.
“The handcuffs are reason enough not to drink and drive!” Veenhuis lamented after about 20 minutes in the steel constraints.
The 6-foot-2-inch, 170-pound Ojai Valley resident drank three cocktails, a beer and a shot, and then was taken to the Ventura County Sheriff’s Department-Ojai Substation and put through a mock DUI traffic stop with Deputy Mike Harris.
After asking a series of questions designed to assure that Veenhuis’ suspected drunkenness wasn’t a result of any physical or medical disabilities, Harris administered all the tests as he would on an actual DUI traffic stop: having Veenhuis track the officer’s finger with his eyes without moving his head (failed); tilting Veenhuis’ head back with eyes closed and silently counting out 30 seconds to himself (failed); having Veenhuis walk nine steps, heel to toe, in one direction, then the other (failed); having Veenhuis lift one foot for 30 seconds, then the other for 30 seconds (failed miserably and nearly fell over); and having Veenhuis close his eyes and touch his left and right index fingers to his nose as Harris requested (failed with bravado).
Then came the preliminary alcohol screen, the pre-breath-test test. Harris took two readings, finding that Veenhuis had a blood alcohol level (BAC) of .11 and .12 percent — well over the legal limit of .08 percent for adults over age 21. The real breath test came next, finding similar results and creating a printout of Veenhuis’ BAC.
Veenhuis could have refused the breath test, or requested a blood test (which would have been done at Ventura County Medical Center). Had he attempted and failed one test, then refused the other, he would have been arrested and automat-ically had his license suspended for one year. He would also then be required to give a blood test anyway, even if it had to be forced (and, if convicted, he would face additional penalties for this refusal).
After taking into account all of Veenhuis’ test results (which weren’t pretty), his physical movements and the stench of alcohol on his breath, a very patient Harris had enough evidence to convince him that Veenhuis was drunk.
So away went poor Veenhuis, cuffs and all, to the Ojai Substation’s holding cells. Officer Harris demonstrated the operation of the on-site breath test device, which showed Veenhuis had BAC levels consistent with those found in the field.
Another Ojai Substation officer, Jacob Valenzuela, explained that all of these tests, both in-station and in the field, are designed to give the officers two types of information. One, officers gauge suspects’ “ability to follow our instructions. And two, their ability to carry out the tasks,” said Valenzuela.
To say Veenhuis was intoxicated and failed all his tests — instruction-following included — was clear. Throughout the test, our OVN guinea pig kept reiterating, “I am so, so glad this is not real!”
Had this been an actual DUI stop, Veenhuis would have been taken to the Ventura County Jail and booked, where he’d spend from four to 12 hours before signing an agreement to appear in court and being released. If convicted, Veenhuis would have faced a possible 48-hour jail sentence, three months of alcohol school, three years of probation, court fines of around $2,800 (which does not include traffic school costs or the thousands of dollars he’d pay his lawyer), and the doubling or tripling of his vehicle insurance costs.
And that’s just for a first-time offender with a BAC under .15 percent, no injuries or fatalities involved, and with no children under age 14 in the vehicle at the time of the traffic stop.
Add a couple of those in, and the district attorney can slap you with delightful “special enhancements” that can include years in prison, and 18 months of alcohol school (which will throw an additional $2,400 to your bar tab).
Oh, and you have to buy and install your own Ignition interlock device in your car to prevent you from driving under the influence again (that’s another $730 per year). And for repeat DUI offenders holding a Class A license? Forget it — you’ll never drive a semi again.
According to Harris, the repeat offenders are numerous, and their BACs often startling.
“Once, we had a guy with a .52 BAC,” he said. “Walked right into the station without help.”
“But doesn’t a .40 usually mean you’re, ya know, comatose?” I asked him.
Shockingly, Harris explained that alcoholics can often function at a .30 BAC. Pretty scary for the rest of us on the road. In California alone, an average of 130,000 people are arrested for DUI each year — that’s roughly one drunk driver for every 142 licensed individuals. Add to all of this statistics from Mothers Against Drunk Driving, which show an average of only one of every 88 drunk drivers on the road are actually pulled over, and you begin to see the problem.
And the necessity for strict laws and steep fines. The bottom line: not only do drunk drivers kill 12,998 people a year and injure 500,000 more (2007 statistics, National Highway Traffic Safety Admini-stration), they also cost you a ton of money, time and pride.
So get a cab or designated driver. Bribe a buddy with a free dinner. His $50 surf ‘n’ turf is roughly $7,950 less than paying for a DUI. Even Wal-Mart can’t offer you those kinds of savings.
Just a little something to consider before leaving the office Christmas party this weekend.
Tuesday, December 16, 2008
Feds Seek Review Of Casitas Ruling
Issue at stake is ‘taking’ for fish ladder
By Daryl Kelley
Claiming that a three-judge appeals panel erred, federal lawyers have asked the full U.S. appeals court in Washington to review a September ruling in which the panel found that the federal government had seized Casitas Municipal Water District property by forcing it to provide water for a fish ladder built for the endangered steelhead trout.
That panel decision, if it stands, could potentially be worth tens of millions of dollars for Casitas, the largest water district in the Ojai Valley. Either way, some experts say, the Casitas case could end up before the U.S. Supreme Court as a test of private property rights.
Last week, U.S. environmental lawyers asked the entire 11-justice Washington appeals court to reconsider the case, on which the appeals panel itself split 2-1 in overturning a lower court decision.
The lower court had found that the Bureau of Reclamation had not seized Casitas’ private property when forcing it to provide water without compensation. But the appeals panel decided the water was private property and sent the case back to the trial court to be heard on that basis.
Now, lawyers for the Environmental and Natural Resources Division of the U.S. Justice Department have argued consider the case.
The panel “clearly departed from binding precedent of the Supreme Court and this Court” in requiring that the Casitas case be considered under federal law for the taking of private property instead of under law relating to regulatory restrictions on property, the new petition said.
Indeed, federal lawyers even argued that Casitas had not lost a drop of water to the fish ladder that it has been forced to replace, since the Casitas reservoir and dam project is naturally replenished by rainfall.
“The record shows no evidence of loss of use, and the United States’ expert report shows that, under historic weather patterns, the Project has sufficient access to water and storage so that no loss of use is anticipated to occur …,” the petition argues.
But Roger Marzulla, a Washington lawyer representing Casitas, said Tuesday that he thinks reconsideration of the case will be rejected by most of the 11 justices, and the case will be returned to the trial court to be tried as a property taking, with compensation going to Casitas for its loss of water. The full appeals court decides to rehear cases decided by a panel only about once a year out of dozens of petitions, he said.
He said he expects a decision in January.
“The panel was correct,” Marzulla said. “There are three water rights cases (decided by the Supreme Court), and in all the finding was that the plaintiffs should recover.”
Nor does Marzulla think the case should ever reach the Supreme Court, although property rights attorneys said it could set a precedent nationwide.
“I’d just like this case to go back to the trial court, and get it over with,” he said. “I think the Supreme Court law is clear enough. There is not a new issue here that the Supreme Court ought to be addressing.”
But that’s not the way state and federal lawyers have seen the case since it was filed by Casitas in 2005 after the district was required to build a fish ladder on the Ventura River, and to provide water for it.
Casitas sought compensation for both the ladder and the water, but lost the case to reclaim the $9 million for ladder construction. But compensation for the on-going cost of water remains in play.
J. David Breemer, a principal attorney for the Pacific Legal Foundation, a property rights group in Sacramento, said the appeals panel’s Casitas decision “is very important because it says your water can’t be taken without you being paid for it.”
Before that ruling, Breemer said, the presumption was that the government had a right to take water being used by a private party without compensation to satisfy federal environmental law, such as the Endangered Species Act.
“Now the presumption is that they’ve got to pay for that water,” he said.
If the Bureau of Reclamation is forced to pay for water to operate the fish ladder, the bill could total $1 million to $2 million a year, officials said. That compares with Casitas’ annual budget of $15 million.
Casitas estimates that it takes at least 3,200 acre-feet of water a year to guarantee that the steelhead migration can occur.
The district charges farmers $371 an acre-foot for water and residential customers $444. It also estimates that it would cost at least $600 an acre-foot to import water for the fish ladder during a prolonged drought.
That means that the value of the 3,200 acre-feet is at least $1.12 million and as much as $1.92 million, said Casitas representatives. (An acre-foot of water meets the needs of two typical households for a year.)
Lawyer Marzulla said that a water appraiser and broker hired by the district has placed the total value of the water the district could lose for the fish ladder over decades as at least “tens of millions of dollars, and it could go as high as $80 million.”
But Casitas is not counting its money yet.
Indeed, the five elected directors of the water district are split 3 to 2 on whether its a good idea to continue with the suit.
Last year, the board majority voted to press the litigation for a third year despite a steep $500,000 cost and repeated setbacks, while the board minority said the suit was a waste of money and would undercut the Endangered Species Act if Casitas won.
That split has persisted, with Directors Jim Word, Bill Hicks and Pete Kaiser wanting to continue the case, and Directors Russ Baggerly and Richard Handley wanting to end it.
Also fighting against the Casitas case are state and federal lawyers who maintain that the river water Casitas gathers in its reservoir is owned by all of the people of California and not by the water district, and that it can be used by government agencies for the common good without compensation. It fact, that procedure is common when enforcing the Endangered Species Act.
Last year, a federal claims court judge agreed, ruling that a constitutional property right was not involved when the federal government required Casitas to provide water without compensation.
The claims court judge ruled that the Casitas case had to be considered under federal law that deals with the government’s simple regulatory constraint of water use, and not as a “physical taking” of private property. Water agencies have rarely, if ever, won compensation in a case argued under such rules, officials have said.
But after the appeals panel decision, and the new petition opposing it, the case appears wide open again.
The Casitas district provides water for about 65,000 people and nearly 5,700 acres of farmland in the Ojai Valley and Ventura area.
a lower court decision.
The lower court had found that the Bureau of Reclamation had not seized Casitas’ private property when forcing it to provide water without compensation. But the appeals panel decided the water was private property and sent the case back to the trial court to be heard on that basis.
Now, lawyers for the Environmental and Natural Resources Division of the U.S. Justice Department have argued to consider the case.
The panel “clearly departed from binding precedent of the Supreme Court and this Court” in requiring that the Casitas case be considered under federal law for the taking of private property instead of under law relating to regulatory restrictions on property, the new petition said.
Indeed, federal lawyers even argued that Casitas had not lost a drop of water to the fish ladder that it has been forced to replace, since the Casitas reservoir and dam project is naturally replenished by rainfall.
But Roger Marzulla, a Washington lawyer rep-resenting Casitas, said Tuesday that he thinks reconsideration of the case will be rejected by most of the 11 justices, and the case will be returned to the trial court to be tried as a property taking, with compensation going to Casitas for its loss of water. The full appeals court decides to rehear cases decided by a panel only about once a year out of dozens of petitions, he said.
He said he expects a decision in January.
“The panel was correct,” Marzulla said. “There are three water rights cases (decided by the Supreme Court), and in all the finding was that the plaintiffs should recover.”
Nor does Marzulla think the case should ever reach the Supreme Court, although property rights attorneys said it could set a precedent nationwide.
“I’d just like this case to go back to the trial court, and get it over with,” he said. “I think the Supreme Court law is clear enough.”
But that’s not the way state and federal lawyers have seen the case since it was filed by Casitas in 2005 after the district was required to build a fish ladder on the Ventura River, and to provide water for it.
Casitas sought com-pensation for both the ladder and the water, but lost the case to reclaim the $9 million for ladder construction.
J. David Breemer, a principal attorney for the Pacific Legal Foundation, a property rights group in Sacramento, said the appeals panel’s Casitas decision “is very important because it says your water can’t be taken without you being paid for it.”
Before that ruling, Breemer said, the presumption was that the government had a right to take water being used by a private party without compensation to satisfy federal environmental law, such as the Endangered Species Act.
“Now the presumption is that they’ve got to pay for that water,” he said.
If the Bureau of Reclamation is forced to pay for water to operate the fish ladder, the bill could total $1 million to $2 million a year, officials said. That compares with Casitas’ annual budget of $15 million.
Casitas estimates that it takes at least 3,200 acre-feet of water a year to guarantee that the steelhead migration can occur. The district charges farmers $371 an acre-foot for water and residential customers $444. It also estimates that it would cost at least $600 an acre-foot to import water for the fish ladder during a prolonged drought.
But Casitas is not counting its money yet.
Indeed, the five elected directors of the water district are split 3-to-2 on whether its a good idea to continue with the suit.
Last year, the board majority voted to press the litigation for a third year despite a steep $500,000 cost and repeated setbacks, while the board minority said the suit was a waste of money and would undercut the Endangered Species Act if Casitas won.
That split has persisted, with Directors Jim Word, Bill Hicks and Pete Kaiser wanting to continue the case, and Directors Russ Baggerly and Richard Handley wanting to end it.
Also fighting against the Casitas case are state and federal lawyers who maintain that the river water Casitas gathers in its reservoir is owned by all of the people of California and not by the water district, and that it can be used by government agencies for the common good without compensation. It fact, that procedure is common when enforcing the Endangered Species Act.
Last year, a federal claims court judge agreed, ruling that a constitutional property right was not involved when the federal government required Casitas to provide water without compensation.
The claims court judge ruled that the Casitas case had to be considered under federal law that deals with the government’s simple regulat-ory constraint of water use, and not as a “physical taking” of private property.
But after the appeals panel decision, and the new petition opposing it, the case appears wide open again.
By Daryl Kelley
Claiming that a three-judge appeals panel erred, federal lawyers have asked the full U.S. appeals court in Washington to review a September ruling in which the panel found that the federal government had seized Casitas Municipal Water District property by forcing it to provide water for a fish ladder built for the endangered steelhead trout.
That panel decision, if it stands, could potentially be worth tens of millions of dollars for Casitas, the largest water district in the Ojai Valley. Either way, some experts say, the Casitas case could end up before the U.S. Supreme Court as a test of private property rights.
Last week, U.S. environmental lawyers asked the entire 11-justice Washington appeals court to reconsider the case, on which the appeals panel itself split 2-1 in overturning a lower court decision.
The lower court had found that the Bureau of Reclamation had not seized Casitas’ private property when forcing it to provide water without compensation. But the appeals panel decided the water was private property and sent the case back to the trial court to be heard on that basis.
Now, lawyers for the Environmental and Natural Resources Division of the U.S. Justice Department have argued consider the case.
The panel “clearly departed from binding precedent of the Supreme Court and this Court” in requiring that the Casitas case be considered under federal law for the taking of private property instead of under law relating to regulatory restrictions on property, the new petition said.
Indeed, federal lawyers even argued that Casitas had not lost a drop of water to the fish ladder that it has been forced to replace, since the Casitas reservoir and dam project is naturally replenished by rainfall.
“The record shows no evidence of loss of use, and the United States’ expert report shows that, under historic weather patterns, the Project has sufficient access to water and storage so that no loss of use is anticipated to occur …,” the petition argues.
But Roger Marzulla, a Washington lawyer representing Casitas, said Tuesday that he thinks reconsideration of the case will be rejected by most of the 11 justices, and the case will be returned to the trial court to be tried as a property taking, with compensation going to Casitas for its loss of water. The full appeals court decides to rehear cases decided by a panel only about once a year out of dozens of petitions, he said.
He said he expects a decision in January.
“The panel was correct,” Marzulla said. “There are three water rights cases (decided by the Supreme Court), and in all the finding was that the plaintiffs should recover.”
Nor does Marzulla think the case should ever reach the Supreme Court, although property rights attorneys said it could set a precedent nationwide.
“I’d just like this case to go back to the trial court, and get it over with,” he said. “I think the Supreme Court law is clear enough. There is not a new issue here that the Supreme Court ought to be addressing.”
But that’s not the way state and federal lawyers have seen the case since it was filed by Casitas in 2005 after the district was required to build a fish ladder on the Ventura River, and to provide water for it.
Casitas sought compensation for both the ladder and the water, but lost the case to reclaim the $9 million for ladder construction. But compensation for the on-going cost of water remains in play.
J. David Breemer, a principal attorney for the Pacific Legal Foundation, a property rights group in Sacramento, said the appeals panel’s Casitas decision “is very important because it says your water can’t be taken without you being paid for it.”
Before that ruling, Breemer said, the presumption was that the government had a right to take water being used by a private party without compensation to satisfy federal environmental law, such as the Endangered Species Act.
“Now the presumption is that they’ve got to pay for that water,” he said.
If the Bureau of Reclamation is forced to pay for water to operate the fish ladder, the bill could total $1 million to $2 million a year, officials said. That compares with Casitas’ annual budget of $15 million.
Casitas estimates that it takes at least 3,200 acre-feet of water a year to guarantee that the steelhead migration can occur.
The district charges farmers $371 an acre-foot for water and residential customers $444. It also estimates that it would cost at least $600 an acre-foot to import water for the fish ladder during a prolonged drought.
That means that the value of the 3,200 acre-feet is at least $1.12 million and as much as $1.92 million, said Casitas representatives. (An acre-foot of water meets the needs of two typical households for a year.)
Lawyer Marzulla said that a water appraiser and broker hired by the district has placed the total value of the water the district could lose for the fish ladder over decades as at least “tens of millions of dollars, and it could go as high as $80 million.”
But Casitas is not counting its money yet.
Indeed, the five elected directors of the water district are split 3 to 2 on whether its a good idea to continue with the suit.
Last year, the board majority voted to press the litigation for a third year despite a steep $500,000 cost and repeated setbacks, while the board minority said the suit was a waste of money and would undercut the Endangered Species Act if Casitas won.
That split has persisted, with Directors Jim Word, Bill Hicks and Pete Kaiser wanting to continue the case, and Directors Russ Baggerly and Richard Handley wanting to end it.
Also fighting against the Casitas case are state and federal lawyers who maintain that the river water Casitas gathers in its reservoir is owned by all of the people of California and not by the water district, and that it can be used by government agencies for the common good without compensation. It fact, that procedure is common when enforcing the Endangered Species Act.
Last year, a federal claims court judge agreed, ruling that a constitutional property right was not involved when the federal government required Casitas to provide water without compensation.
The claims court judge ruled that the Casitas case had to be considered under federal law that deals with the government’s simple regulatory constraint of water use, and not as a “physical taking” of private property. Water agencies have rarely, if ever, won compensation in a case argued under such rules, officials have said.
But after the appeals panel decision, and the new petition opposing it, the case appears wide open again.
The Casitas district provides water for about 65,000 people and nearly 5,700 acres of farmland in the Ojai Valley and Ventura area.
a lower court decision.
The lower court had found that the Bureau of Reclamation had not seized Casitas’ private property when forcing it to provide water without compensation. But the appeals panel decided the water was private property and sent the case back to the trial court to be heard on that basis.
Now, lawyers for the Environmental and Natural Resources Division of the U.S. Justice Department have argued to consider the case.
The panel “clearly departed from binding precedent of the Supreme Court and this Court” in requiring that the Casitas case be considered under federal law for the taking of private property instead of under law relating to regulatory restrictions on property, the new petition said.
Indeed, federal lawyers even argued that Casitas had not lost a drop of water to the fish ladder that it has been forced to replace, since the Casitas reservoir and dam project is naturally replenished by rainfall.
But Roger Marzulla, a Washington lawyer rep-resenting Casitas, said Tuesday that he thinks reconsideration of the case will be rejected by most of the 11 justices, and the case will be returned to the trial court to be tried as a property taking, with compensation going to Casitas for its loss of water. The full appeals court decides to rehear cases decided by a panel only about once a year out of dozens of petitions, he said.
He said he expects a decision in January.
“The panel was correct,” Marzulla said. “There are three water rights cases (decided by the Supreme Court), and in all the finding was that the plaintiffs should recover.”
Nor does Marzulla think the case should ever reach the Supreme Court, although property rights attorneys said it could set a precedent nationwide.
“I’d just like this case to go back to the trial court, and get it over with,” he said. “I think the Supreme Court law is clear enough.”
But that’s not the way state and federal lawyers have seen the case since it was filed by Casitas in 2005 after the district was required to build a fish ladder on the Ventura River, and to provide water for it.
Casitas sought com-pensation for both the ladder and the water, but lost the case to reclaim the $9 million for ladder construction.
J. David Breemer, a principal attorney for the Pacific Legal Foundation, a property rights group in Sacramento, said the appeals panel’s Casitas decision “is very important because it says your water can’t be taken without you being paid for it.”
Before that ruling, Breemer said, the presumption was that the government had a right to take water being used by a private party without compensation to satisfy federal environmental law, such as the Endangered Species Act.
“Now the presumption is that they’ve got to pay for that water,” he said.
If the Bureau of Reclamation is forced to pay for water to operate the fish ladder, the bill could total $1 million to $2 million a year, officials said. That compares with Casitas’ annual budget of $15 million.
Casitas estimates that it takes at least 3,200 acre-feet of water a year to guarantee that the steelhead migration can occur. The district charges farmers $371 an acre-foot for water and residential customers $444. It also estimates that it would cost at least $600 an acre-foot to import water for the fish ladder during a prolonged drought.
But Casitas is not counting its money yet.
Indeed, the five elected directors of the water district are split 3-to-2 on whether its a good idea to continue with the suit.
Last year, the board majority voted to press the litigation for a third year despite a steep $500,000 cost and repeated setbacks, while the board minority said the suit was a waste of money and would undercut the Endangered Species Act if Casitas won.
That split has persisted, with Directors Jim Word, Bill Hicks and Pete Kaiser wanting to continue the case, and Directors Russ Baggerly and Richard Handley wanting to end it.
Also fighting against the Casitas case are state and federal lawyers who maintain that the river water Casitas gathers in its reservoir is owned by all of the people of California and not by the water district, and that it can be used by government agencies for the common good without compensation. It fact, that procedure is common when enforcing the Endangered Species Act.
Last year, a federal claims court judge agreed, ruling that a constitutional property right was not involved when the federal government required Casitas to provide water without compensation.
The claims court judge ruled that the Casitas case had to be considered under federal law that deals with the government’s simple regulat-ory constraint of water use, and not as a “physical taking” of private property.
But after the appeals panel decision, and the new petition opposing it, the case appears wide open again.
OUSD Plans For Next Round Of Budget Cuts
Schools search for $1.6 million in cuts for next year, $800k for 2010-2011
By Sondra Murphy
The Ojai Unified School District has the dubious distinction of being known as the poster child of declining enrollment of Ventura County schools and the state budget crisis is aggravating the financial fallout from that condition.
“It is in dire straits,” said Ventura County Superin-tendent of Schools Stanley Mantooth. “Declining enrollment has been with us in Ventura County overall now for at least four years, some places more than others. Ojai has had the particular challenges with declining enrollment for a decade or so.
“Every time you lose a student, the district loses in the neighborhood of $9,000 to $10,000. When you lose students it’s not easy to cut back proportionately. OUSD in particular has done an excellent job in preserving its programs and cutting everything they can as far away from the classrooms as they can. It is now looking at its core programs, and that is not unique to Ojai. It is a terrible situation and the economy might be lending a hand there.”
Ojai Unified School district held a special governing board study session Monday to begin early planning for its 2009-2010 and 2010-2011 budgets. Fresh from announcing its first-ever qualified certification last week, board members, administrators, staff and community met to look over preliminary numbers and formulate strategies.
Superintendent Tim Baird and Dannielle Pusatere, assistant superintendent of business and administrative services, submitted draft reports that broke down from which part of the $25 million budget each department’s supporting funds originated. The packet also contained dollar figures associated with programs and schools to aid the board in making $1.6 million in anticipated cuts for next year and $800,000 the following year. The information was intended to get the budget cutting process started and is expected to be continuously updated and fine-tuned as state budget decisions are made known.
“We are not going to solve the budget issue this evening,” said Baird. “We are still in the input stage and will be there really for the course of the rest of the school year.”
Dollar figures were not yet attached to specific positions. Vice president Kathi Smith said the process would be more efficient, “If we could get the dollar amount for each site and each department.
Member Pauline Mercado agreed. “Rather than backtrack, I need to have all the information in front of me. Looking at these FTEs (full-time equivalent job statistics), it’s really hard to be able to determine the cost. We need to have the dollar amount.”
Pusatere explained that it would be difficult to estimate the savings of cutting jobs because of the varying pay rates due to seniority. “It might not be accurate because you might be looking at the cost of a senior position, but bump a less senior position in your cuts,” she said.
“We understand why you didn’t put it in, but we need to know all the prices,” said Smith. “It’s just too abstract.”
“We need total salaries of everyone in the district,” said member Steve Fields.
“The budget numbers are not exact,” said Baird. “The missing component is staff recommendations. We will get the hard numbers for any recommendations and put them on the list for subsequent meetings.”
“I would like to know grade-by-grade class size reductions,” said clerk Rikki Horne.
“Also how many staff would be affected, if we eliminate it,” President Linda Taylor added.
Possible strategy plans presented to the board included one-year, two-year and quick-response plans. Baird said that, at this point, administration is recommending a two-year plan because it would be the least disruptive to the curriculum. “In a one-year plan, you essentially make all the cuts you need to make, but you have nothing left to cut the next year,” he said. “In a two-year plan you say let’s do some nasty cuts, but not all in year one and go into the reserves, knowing we still don’t have the end to the two-year solution, but in case something else could be done. But you have to refill your reserves the next year. Right now, I’m leaning toward the two-year plan because the one-year looks really devastating and you’ve used one-time monies.”
The quick response plan involves negative certifications that bring in the state and help districts qualify for 20-year emergency loans. That method results in loss of board control and, usually, the superintendent, substituting a state manager to make decisions based on financial assets and not necessarily the students’ best interest.
In the information packet, Baird included some sample plans of other California school districts going through similar struggles and that have submitted negative certification budgets this year.
“Some districts are looking at rolling back salary schedules and reductions of work days,” Baird said. OUSD currently has 184 work days and must have at least 180.
Two public speakers were critical of the way OUSD has handled the budgeting process. “I feel you are completely unrealistic to use the governor’s October budget,” said Bill Gilbreth. “If you don’t really look at what is likely to be, you’re likely to make the wrong decision.” Gilbreth pointed to that opinion as why he did not support Measure P in the most recent election. The measure proposed a seven-year tax of $89 per parcel in the OUSD boundaries.
Pusatere said that the district was awaiting an update from the state sometime next month, which is why some of the estimates are unknown.
“If you don’t cut salaries, you’re not showing the public that you’re taking honest cuts,” said Ron Wilson. “I think overall your service is outstanding, but it’s a very, very difficult process for the public to understand.”
“I can appreciate what Bill and Mr. Wilson have to say because we know this is dire,” said Kathleen Smith, “but we have to look at everything.”
“What’s upsetting me is that my kindergartner is not going to get the same education that I received,” said parent Marianne Ratcliff. “Ojai should be ashamed of itself for not passing the parcel tax. Mr. Gilbreth’s letter to the editor made me angry and I wasn’t angry tonight until I just heard it again. I’m dedicated to raising the $7,000 to put another parcel tax on the ballot and swaying Mr. Gilbreth to write another letter to the editor encouraging support.”
Kathleen Smith told the board that local parent organizations are beginning a campaign to get Measure P supporter to donate $89 to OUSD.
“I appreciate your efforts and that you are continuing to work on this,” district employee Chuck Crawford told the board. “I understand categorical funding, but it’s hard to explain that to someone who’s just lost their job. I try watching the budget and it’s hard to have confidence in the process.”
Meiners Oaks teacher John Hook boiled down the emotions associated with the meeting. “What is going to happen to the children, with no support services for students who are struggling?” he asked. “We need to realize what we’ll be losing in human terms.”
“And as we shed employees, it impacts the economy here,” said vice president Smith.
“As a union, I think it’s time to put our differences aside and work together in these difficult times,” said president of the Ojai Federation of Teachers Martha Ditchfield.
“In January, we will find out about our midyear cuts,” said Taylor. “On Jan. 13, we’ll have a continuation of our budget discussion and have more specific numbers. School funding is very complicated with all its categoricals and how it’s spent and how we need to get loans every year because we don’t get the money we’re supposed to. I appreciate people who keep coming to these meetings.”
“I want to thank John Hook and those people who talked about the faces of our employees,” said Horne. “All of these people represent our students and that’s why we’re all here. The thought of obliterating the school district that my daughter still attends is devastating.”
originated. The packet also contained dollar figures associated with programs and schools to aid the board in making $1.6 million in anticipated cuts for next year and $800,000 the following year. The information was intended to get the budget cutting process started and is expected to be continuously updated and fine-tuned as state budget decisions are made known.
“We are not going to solve the budget issue this evening,” said Baird. “We are still in the input stage and will be there really for the course of the rest of the school year.”
Dollar figures were not yet attached to specific positions. Vice president Kathi Smith said the process would be more efficient, “If we could get the dollar amount for each site and each department.
Member Pauline Mercado agreed. “Rather than backtrack, I need to have all the information in front of me. Looking at these FTEs (full-time equivalent job statistics), it’s really hard to be able to determine the cost. We need to have the dollar amount.”
Pusatere explained that it would be difficult to estimate the savings of cutting jobs because of the varying pay rates due to seniority. “It might not be accurate because you might be looking at the cost of a senior position, but bump a less senior position in your cuts,” she said.
“The budget numbers are not exact,” said Baird. “The missing component is staff recommendations. We will get the hard numbers for any recommendations and put them on the list for subsequent meetings.”
“I would like to know grade-by-grade class size reductions,” said clerk Rikki Horne.
“Also how many staff would be affected, if we eliminate it,” President Linda Taylor added.
Possible strategy plans presented to the board included one-year, two-year and quick-response plans. Baird said that, at this point, administration is recom-mending a two-year plan because it would be the least disruptive to the curriculum. “In a one-year plan, you essentially make all the cuts you need to make, but you have nothing left to cut the next year,” he said. “In a two-year plan you say let’s do some nasty cuts, but not all in year one and go into the reserves, knowing we still don’t have the end to the two-year solution, but in case something else could be done. But you have to refill your reserves the next year. Right now, I’m leaning toward the two-year plan because the one-year looks really devastating and you’ve used one-time monies.”
The quick response plan involves negative certifications that bring in the state and help districts qualify for 20-year emergency loans. That method results in loss of board control and, usually, the superintendent, substituting a state manager to make decisions based on financial assets and not necessarily the students’ best interest.
In the information packet, Baird included some sample plans of other California school districts going through similar struggles and that have submitted negative cert-ification budgets this year.
“Some districts are looking at rolling back salary schedules and reductions of work days,” Baird said. OUSD currently has 184 work days and must have at least 180.
Two public speakers were critical of the way OUSD has handled the budgeting process. “I feel you are completely unrealistic to use the governor’s October budget,” said Bill Gilbreth. “If you don’t really look at what is likely to be, you’re likely to make the wrong decision.” Gilbreth pointed to that opinion as why he did not support Measure P in the most recent election. The measure proposed a seven-year tax of $89 per parcel in the OUSD boundaries.
Pusatere said that the district was awaiting an update from the state sometime next month, which is why some of the estimates are unknown.
“If you don’t cut salaries, you’re not showing the public that you’re taking honest cuts,” said Ron Wilson. “I think overall your service is outstanding, but it’s a very, very difficult process for the public to understand.”
“I can appreciate what Bill and Mr. Wilson have to say because we know this is dire,” said Kathleen Smith, “but we have to look at everything.”
“What’s upsetting me is that my kindergartner is not going to get the same education that I received,” said parent Marianne Ratcliff. “Ojai should be ashamed of itself for not passing the parcel tax. Mr. Gilbreth’s letter to the editor made me angry and I wasn’t angry tonight until I just heard it again. I’m dedicated to raising the $7,000 to put another parcel tax on the ballot and swaying Mr. Gilbreth to write another letter to the editor encouraging support.”
“I appreciate your efforts and that you are continuing to work on this,” district employee Chuck Crawford told the board. “I understand categorical funding, but it’s hard to explain that to someone who’s just lost their job.”
Meiners Oaks teacher John Hook boiled down the emotions associated with the meeting. “What is going to happen to the children, with no support services for students who are struggling?” he asked. “We need to realize what we’ll be losing in human terms.”
“And as we shed employees, it impacts the economy here,” said vice president Smith.
“As a union, I think it’s time to put our differences aside and work together in these difficult times,” said Martha Ditchfield, president of the Ojai Federation of Teachers .
“In January, we will find out about our midyear cuts,” said Taylor. “On Jan. 13, we’ll have a continuation of our budget discussion and have more specific numbers. School funding is very complicated with all its categoricals and how it’s spent and how we need to get loans every year because we don’t get the money we’re supposed to. I appreciate people who keep coming to these meetings.”
“I want to thank John Hook and those people who talked about the faces of our employees,” said Horne. “All of these people represent our students and that’s why we’re all here. The thought of obliterating the school district that my daughter still attends is devastating.”
By Sondra Murphy
The Ojai Unified School District has the dubious distinction of being known as the poster child of declining enrollment of Ventura County schools and the state budget crisis is aggravating the financial fallout from that condition.
“It is in dire straits,” said Ventura County Superin-tendent of Schools Stanley Mantooth. “Declining enrollment has been with us in Ventura County overall now for at least four years, some places more than others. Ojai has had the particular challenges with declining enrollment for a decade or so.
“Every time you lose a student, the district loses in the neighborhood of $9,000 to $10,000. When you lose students it’s not easy to cut back proportionately. OUSD in particular has done an excellent job in preserving its programs and cutting everything they can as far away from the classrooms as they can. It is now looking at its core programs, and that is not unique to Ojai. It is a terrible situation and the economy might be lending a hand there.”
Ojai Unified School district held a special governing board study session Monday to begin early planning for its 2009-2010 and 2010-2011 budgets. Fresh from announcing its first-ever qualified certification last week, board members, administrators, staff and community met to look over preliminary numbers and formulate strategies.
Superintendent Tim Baird and Dannielle Pusatere, assistant superintendent of business and administrative services, submitted draft reports that broke down from which part of the $25 million budget each department’s supporting funds originated. The packet also contained dollar figures associated with programs and schools to aid the board in making $1.6 million in anticipated cuts for next year and $800,000 the following year. The information was intended to get the budget cutting process started and is expected to be continuously updated and fine-tuned as state budget decisions are made known.
“We are not going to solve the budget issue this evening,” said Baird. “We are still in the input stage and will be there really for the course of the rest of the school year.”
Dollar figures were not yet attached to specific positions. Vice president Kathi Smith said the process would be more efficient, “If we could get the dollar amount for each site and each department.
Member Pauline Mercado agreed. “Rather than backtrack, I need to have all the information in front of me. Looking at these FTEs (full-time equivalent job statistics), it’s really hard to be able to determine the cost. We need to have the dollar amount.”
Pusatere explained that it would be difficult to estimate the savings of cutting jobs because of the varying pay rates due to seniority. “It might not be accurate because you might be looking at the cost of a senior position, but bump a less senior position in your cuts,” she said.
“We understand why you didn’t put it in, but we need to know all the prices,” said Smith. “It’s just too abstract.”
“We need total salaries of everyone in the district,” said member Steve Fields.
“The budget numbers are not exact,” said Baird. “The missing component is staff recommendations. We will get the hard numbers for any recommendations and put them on the list for subsequent meetings.”
“I would like to know grade-by-grade class size reductions,” said clerk Rikki Horne.
“Also how many staff would be affected, if we eliminate it,” President Linda Taylor added.
Possible strategy plans presented to the board included one-year, two-year and quick-response plans. Baird said that, at this point, administration is recommending a two-year plan because it would be the least disruptive to the curriculum. “In a one-year plan, you essentially make all the cuts you need to make, but you have nothing left to cut the next year,” he said. “In a two-year plan you say let’s do some nasty cuts, but not all in year one and go into the reserves, knowing we still don’t have the end to the two-year solution, but in case something else could be done. But you have to refill your reserves the next year. Right now, I’m leaning toward the two-year plan because the one-year looks really devastating and you’ve used one-time monies.”
The quick response plan involves negative certifications that bring in the state and help districts qualify for 20-year emergency loans. That method results in loss of board control and, usually, the superintendent, substituting a state manager to make decisions based on financial assets and not necessarily the students’ best interest.
In the information packet, Baird included some sample plans of other California school districts going through similar struggles and that have submitted negative certification budgets this year.
“Some districts are looking at rolling back salary schedules and reductions of work days,” Baird said. OUSD currently has 184 work days and must have at least 180.
Two public speakers were critical of the way OUSD has handled the budgeting process. “I feel you are completely unrealistic to use the governor’s October budget,” said Bill Gilbreth. “If you don’t really look at what is likely to be, you’re likely to make the wrong decision.” Gilbreth pointed to that opinion as why he did not support Measure P in the most recent election. The measure proposed a seven-year tax of $89 per parcel in the OUSD boundaries.
Pusatere said that the district was awaiting an update from the state sometime next month, which is why some of the estimates are unknown.
“If you don’t cut salaries, you’re not showing the public that you’re taking honest cuts,” said Ron Wilson. “I think overall your service is outstanding, but it’s a very, very difficult process for the public to understand.”
“I can appreciate what Bill and Mr. Wilson have to say because we know this is dire,” said Kathleen Smith, “but we have to look at everything.”
“What’s upsetting me is that my kindergartner is not going to get the same education that I received,” said parent Marianne Ratcliff. “Ojai should be ashamed of itself for not passing the parcel tax. Mr. Gilbreth’s letter to the editor made me angry and I wasn’t angry tonight until I just heard it again. I’m dedicated to raising the $7,000 to put another parcel tax on the ballot and swaying Mr. Gilbreth to write another letter to the editor encouraging support.”
Kathleen Smith told the board that local parent organizations are beginning a campaign to get Measure P supporter to donate $89 to OUSD.
“I appreciate your efforts and that you are continuing to work on this,” district employee Chuck Crawford told the board. “I understand categorical funding, but it’s hard to explain that to someone who’s just lost their job. I try watching the budget and it’s hard to have confidence in the process.”
Meiners Oaks teacher John Hook boiled down the emotions associated with the meeting. “What is going to happen to the children, with no support services for students who are struggling?” he asked. “We need to realize what we’ll be losing in human terms.”
“And as we shed employees, it impacts the economy here,” said vice president Smith.
“As a union, I think it’s time to put our differences aside and work together in these difficult times,” said president of the Ojai Federation of Teachers Martha Ditchfield.
“In January, we will find out about our midyear cuts,” said Taylor. “On Jan. 13, we’ll have a continuation of our budget discussion and have more specific numbers. School funding is very complicated with all its categoricals and how it’s spent and how we need to get loans every year because we don’t get the money we’re supposed to. I appreciate people who keep coming to these meetings.”
“I want to thank John Hook and those people who talked about the faces of our employees,” said Horne. “All of these people represent our students and that’s why we’re all here. The thought of obliterating the school district that my daughter still attends is devastating.”
originated. The packet also contained dollar figures associated with programs and schools to aid the board in making $1.6 million in anticipated cuts for next year and $800,000 the following year. The information was intended to get the budget cutting process started and is expected to be continuously updated and fine-tuned as state budget decisions are made known.
“We are not going to solve the budget issue this evening,” said Baird. “We are still in the input stage and will be there really for the course of the rest of the school year.”
Dollar figures were not yet attached to specific positions. Vice president Kathi Smith said the process would be more efficient, “If we could get the dollar amount for each site and each department.
Member Pauline Mercado agreed. “Rather than backtrack, I need to have all the information in front of me. Looking at these FTEs (full-time equivalent job statistics), it’s really hard to be able to determine the cost. We need to have the dollar amount.”
Pusatere explained that it would be difficult to estimate the savings of cutting jobs because of the varying pay rates due to seniority. “It might not be accurate because you might be looking at the cost of a senior position, but bump a less senior position in your cuts,” she said.
“The budget numbers are not exact,” said Baird. “The missing component is staff recommendations. We will get the hard numbers for any recommendations and put them on the list for subsequent meetings.”
“I would like to know grade-by-grade class size reductions,” said clerk Rikki Horne.
“Also how many staff would be affected, if we eliminate it,” President Linda Taylor added.
Possible strategy plans presented to the board included one-year, two-year and quick-response plans. Baird said that, at this point, administration is recom-mending a two-year plan because it would be the least disruptive to the curriculum. “In a one-year plan, you essentially make all the cuts you need to make, but you have nothing left to cut the next year,” he said. “In a two-year plan you say let’s do some nasty cuts, but not all in year one and go into the reserves, knowing we still don’t have the end to the two-year solution, but in case something else could be done. But you have to refill your reserves the next year. Right now, I’m leaning toward the two-year plan because the one-year looks really devastating and you’ve used one-time monies.”
The quick response plan involves negative certifications that bring in the state and help districts qualify for 20-year emergency loans. That method results in loss of board control and, usually, the superintendent, substituting a state manager to make decisions based on financial assets and not necessarily the students’ best interest.
In the information packet, Baird included some sample plans of other California school districts going through similar struggles and that have submitted negative cert-ification budgets this year.
“Some districts are looking at rolling back salary schedules and reductions of work days,” Baird said. OUSD currently has 184 work days and must have at least 180.
Two public speakers were critical of the way OUSD has handled the budgeting process. “I feel you are completely unrealistic to use the governor’s October budget,” said Bill Gilbreth. “If you don’t really look at what is likely to be, you’re likely to make the wrong decision.” Gilbreth pointed to that opinion as why he did not support Measure P in the most recent election. The measure proposed a seven-year tax of $89 per parcel in the OUSD boundaries.
Pusatere said that the district was awaiting an update from the state sometime next month, which is why some of the estimates are unknown.
“If you don’t cut salaries, you’re not showing the public that you’re taking honest cuts,” said Ron Wilson. “I think overall your service is outstanding, but it’s a very, very difficult process for the public to understand.”
“I can appreciate what Bill and Mr. Wilson have to say because we know this is dire,” said Kathleen Smith, “but we have to look at everything.”
“What’s upsetting me is that my kindergartner is not going to get the same education that I received,” said parent Marianne Ratcliff. “Ojai should be ashamed of itself for not passing the parcel tax. Mr. Gilbreth’s letter to the editor made me angry and I wasn’t angry tonight until I just heard it again. I’m dedicated to raising the $7,000 to put another parcel tax on the ballot and swaying Mr. Gilbreth to write another letter to the editor encouraging support.”
“I appreciate your efforts and that you are continuing to work on this,” district employee Chuck Crawford told the board. “I understand categorical funding, but it’s hard to explain that to someone who’s just lost their job.”
Meiners Oaks teacher John Hook boiled down the emotions associated with the meeting. “What is going to happen to the children, with no support services for students who are struggling?” he asked. “We need to realize what we’ll be losing in human terms.”
“And as we shed employees, it impacts the economy here,” said vice president Smith.
“As a union, I think it’s time to put our differences aside and work together in these difficult times,” said Martha Ditchfield, president of the Ojai Federation of Teachers .
“In January, we will find out about our midyear cuts,” said Taylor. “On Jan. 13, we’ll have a continuation of our budget discussion and have more specific numbers. School funding is very complicated with all its categoricals and how it’s spent and how we need to get loans every year because we don’t get the money we’re supposed to. I appreciate people who keep coming to these meetings.”
“I want to thank John Hook and those people who talked about the faces of our employees,” said Horne. “All of these people represent our students and that’s why we’re all here. The thought of obliterating the school district that my daughter still attends is devastating.”
Thursday, December 11, 2008
Avary Pleads Not Guilty To Manslaughter
Oscar-winning writer appears in court
By Daryl Kelley
Oscar-winning screenwriter Roger Avary pleaded not guilty Friday to gross vehicular manslaughter while intoxicated, resulting from a late-night car crash near Ojai in January in which a man was killed and Avary's wife was injured.
Defense attorney Mark Werksman entered not guilty pleas to three main felony counts and five special circumstances, while a grim 43-year-old Avary, who won an Academy Award for 'Pulp Fiction' in 1994, stood before a Superior Court judge to answer charges that could result in 11 years in prison.
Judge Bruce Clark granted motions to split a blood sample taken from Avary so the defense can confirm – or rebut – prosecution findings that the defendant had a blood-alcohol level of .11 when the tragic accident occurred just near Boardman Road on Ojai Avenue. A blood-alcohol level of .08 or greater constitutes drunken driving in California.
Clark also allowed the defense to examine the 2000 Mercedes sedan Avary was driving when he failed to maneuver a turn shortly after midnight on Jan. 13 and crashed into a telephone pole in front of Ojai Lumber.
Later Friday, a judge left Avary's bail at $50,000, compared with a statutory recommendation of $80,000, because the defendant has appeared at every court date and prosecutors did not object to the lower bail. Avary also will be allowed to travel out of the country within North America while awaiting trial.
In an interview, Werksman declined to elaborate on the his client's defense, or the strength of the case against Avary.
But previously he had said Avary denies being under the influence of alcohol, was not speeding and thinks the crash was caused by a tire blowout.
And Werksman said Friday that Avary wants the case to be resolved promptly.
“We're going to resolve this as soon as we can,” Werksman said. “But we have a duty to do some investigation to resolve the cause of the accident and the validity of the chemical test that was done.”
In charges filed Wednesday, prosecutors maintained that Avary committed several crimes while driving under the influence of alcohol, when his car skidded and crashed, killing a visitor from Italy and seriously injuring the screenwriter's wife.
Deputy District Attorney Michael Lief said in an interview that the case against Avary is solid.
“This is not the kind of case where the deal is going to get better for him as time goes on,” Lief said.
“There were positive results for alcohol and for another controlled substance as well (in toxicological tests).”
Lief would not say what the other drug was that was purportedly detected.
The first felony count against Avary is gross vehicular manslaughter while intoxicated, which carries a basic sentence of 10 years in prison, and one additional year considering the circumstances of this case, Lief said.
Avary is also charged with driving under the influence and causing injury, with a so-called special circumstance of causing “great bodily injury,” which could carry a penalty of three years in prison, plus another three years for the special circumstance.
Thirdly, Avary is charged with causing injury while driving with a blood alcohol level of at least .08 percent, with another great bodily injury special circumstance. This charge also carries a potential six-year sentence.
If convicted of all charges, Avary might serve them at the same time, although a judge could impose the penalties consecutively, lengthening the basic 11-year sentence.
“The bottom line is he's facing up to 10 years in prison,” said Bill Haney, supervising attorney for the felony unit of the District Attorney's Office.
But if Avary has no previous criminal record, a maximum sentence would be unlikely, authorities said.
It took nearly a year for prosecutors to file the charges, Haney said, because the investigation was so thorough, with a crime scene analysis and follow-up questioning of witnesses. An elaborate accident re-construction was part of the investigation, authorities have said.
“We've done extensive follow-up and investigation on this,” Haney said. “This has been very thoroughly researched. The Sheriff's Department has done extensive work and responded to every request we've given them.”
Haney said the thoroughness of the investigation was not determined by Avary's celebrity or the quality of his legal counsel. Werksman, a former federal prosecutor, is a prominent criminal defense attorney in Los Angeles.
“We are very thorough in every case of this nature,” Haney said. “We follow the facts and investigate the case.”
After arraignment, prosecutors must show at a preliminary hearing that they have enough evidence to warrant a trial. A court date was set for February 20 to determine whether the defense was ready to proceed to that evidentiary hearing.
Key evidence in the case, defense lawyer Werksman has said, will be the results of blood samples taken to determine the screenwriter's alcohol level after the crash, and the type of damage to Avary's automobile.
“There are things we can't learn without court orders once the case is filed,'' he said.
In rare cases, new tests of blood alcohol levels in DUI cases have yielded different results in Ventura County, but authorities have said that such historical problems were remedied long ago.
Werksman said in a previous interview that once charges were filed “we can begin to work toward resolution of this case. ... We can't determine the true cause of this accident until ... we have an opportunity to inspect the vehicle and examine the district attorney's evidence.”
Andreas Zini, 34, who was visiting Avary from Italy, died in the single-car crash, apparently from internal injuries, authorities said. His wife, Maria Julia Zini, has returned to Italy, and her representative, attorney Tom Donovan of Santa Monica, said he would have no immediate comment on behalf of the victim's family.
Avary's wife, Gretchen, also suffered serious injuries after being thrown from the car when it crashed in front of Ojai Lumber Co. on East Ojai Avenue. According to police, Avary failed to negotiate a turn in the highway and crashed into a power pole.
Avary was uninjured in the accident, but his 40-year-old wife was found lying in the road next to the couple's sedan. She was transported to Ojai Valley Community Hospital with serious, but non-life-threatening injuries. She was released about a week later as she recovered from a ruptured bladder.
Avary, a screenwriter, director and producer, remains free on a $50,000 bail bond.
“This is a tragic case, and Roger is devastated,” Werksman said. “He feels terrible for the Zini family, whose lose is incalculable.”
By Daryl Kelley
Oscar-winning screenwriter Roger Avary pleaded not guilty Friday to gross vehicular manslaughter while intoxicated, resulting from a late-night car crash near Ojai in January in which a man was killed and Avary's wife was injured.
Defense attorney Mark Werksman entered not guilty pleas to three main felony counts and five special circumstances, while a grim 43-year-old Avary, who won an Academy Award for 'Pulp Fiction' in 1994, stood before a Superior Court judge to answer charges that could result in 11 years in prison.
Judge Bruce Clark granted motions to split a blood sample taken from Avary so the defense can confirm – or rebut – prosecution findings that the defendant had a blood-alcohol level of .11 when the tragic accident occurred just near Boardman Road on Ojai Avenue. A blood-alcohol level of .08 or greater constitutes drunken driving in California.
Clark also allowed the defense to examine the 2000 Mercedes sedan Avary was driving when he failed to maneuver a turn shortly after midnight on Jan. 13 and crashed into a telephone pole in front of Ojai Lumber.
Later Friday, a judge left Avary's bail at $50,000, compared with a statutory recommendation of $80,000, because the defendant has appeared at every court date and prosecutors did not object to the lower bail. Avary also will be allowed to travel out of the country within North America while awaiting trial.
In an interview, Werksman declined to elaborate on the his client's defense, or the strength of the case against Avary.
But previously he had said Avary denies being under the influence of alcohol, was not speeding and thinks the crash was caused by a tire blowout.
And Werksman said Friday that Avary wants the case to be resolved promptly.
“We're going to resolve this as soon as we can,” Werksman said. “But we have a duty to do some investigation to resolve the cause of the accident and the validity of the chemical test that was done.”
In charges filed Wednesday, prosecutors maintained that Avary committed several crimes while driving under the influence of alcohol, when his car skidded and crashed, killing a visitor from Italy and seriously injuring the screenwriter's wife.
Deputy District Attorney Michael Lief said in an interview that the case against Avary is solid.
“This is not the kind of case where the deal is going to get better for him as time goes on,” Lief said.
“There were positive results for alcohol and for another controlled substance as well (in toxicological tests).”
Lief would not say what the other drug was that was purportedly detected.
The first felony count against Avary is gross vehicular manslaughter while intoxicated, which carries a basic sentence of 10 years in prison, and one additional year considering the circumstances of this case, Lief said.
Avary is also charged with driving under the influence and causing injury, with a so-called special circumstance of causing “great bodily injury,” which could carry a penalty of three years in prison, plus another three years for the special circumstance.
Thirdly, Avary is charged with causing injury while driving with a blood alcohol level of at least .08 percent, with another great bodily injury special circumstance. This charge also carries a potential six-year sentence.
If convicted of all charges, Avary might serve them at the same time, although a judge could impose the penalties consecutively, lengthening the basic 11-year sentence.
“The bottom line is he's facing up to 10 years in prison,” said Bill Haney, supervising attorney for the felony unit of the District Attorney's Office.
But if Avary has no previous criminal record, a maximum sentence would be unlikely, authorities said.
It took nearly a year for prosecutors to file the charges, Haney said, because the investigation was so thorough, with a crime scene analysis and follow-up questioning of witnesses. An elaborate accident re-construction was part of the investigation, authorities have said.
“We've done extensive follow-up and investigation on this,” Haney said. “This has been very thoroughly researched. The Sheriff's Department has done extensive work and responded to every request we've given them.”
Haney said the thoroughness of the investigation was not determined by Avary's celebrity or the quality of his legal counsel. Werksman, a former federal prosecutor, is a prominent criminal defense attorney in Los Angeles.
“We are very thorough in every case of this nature,” Haney said. “We follow the facts and investigate the case.”
After arraignment, prosecutors must show at a preliminary hearing that they have enough evidence to warrant a trial. A court date was set for February 20 to determine whether the defense was ready to proceed to that evidentiary hearing.
Key evidence in the case, defense lawyer Werksman has said, will be the results of blood samples taken to determine the screenwriter's alcohol level after the crash, and the type of damage to Avary's automobile.
“There are things we can't learn without court orders once the case is filed,'' he said.
In rare cases, new tests of blood alcohol levels in DUI cases have yielded different results in Ventura County, but authorities have said that such historical problems were remedied long ago.
Werksman said in a previous interview that once charges were filed “we can begin to work toward resolution of this case. ... We can't determine the true cause of this accident until ... we have an opportunity to inspect the vehicle and examine the district attorney's evidence.”
Andreas Zini, 34, who was visiting Avary from Italy, died in the single-car crash, apparently from internal injuries, authorities said. His wife, Maria Julia Zini, has returned to Italy, and her representative, attorney Tom Donovan of Santa Monica, said he would have no immediate comment on behalf of the victim's family.
Avary's wife, Gretchen, also suffered serious injuries after being thrown from the car when it crashed in front of Ojai Lumber Co. on East Ojai Avenue. According to police, Avary failed to negotiate a turn in the highway and crashed into a power pole.
Avary was uninjured in the accident, but his 40-year-old wife was found lying in the road next to the couple's sedan. She was transported to Ojai Valley Community Hospital with serious, but non-life-threatening injuries. She was released about a week later as she recovered from a ruptured bladder.
Avary, a screenwriter, director and producer, remains free on a $50,000 bail bond.
“This is a tragic case, and Roger is devastated,” Werksman said. “He feels terrible for the Zini family, whose lose is incalculable.”
Sunday, December 7, 2008
Thacher School Teens Found Safe
UPDATED: Tuesday, 2:15 p.m.Missing Students Located
By Sondra Murphy
The Thacher School community experienced an anxious weekend after two boarding students failed to check into their dormitories Friday evening. George Nicholas Skan and Tyler Collins Cook were last seen between 7:30 and 9 p.m. Because neither student left clues on their computer and left their cell phones and wallets at school, the school went into high alert.
Both students were located safe Tuesday at 9 a.m. at the Santa Barbara Airport, where, according to a Sheriff's Department press release, they were attempting to board an airplane to an undisclosed destination. "We are delighted they were found and are with their families, which is where they should be," said Thacher School headmaster Michael K. Mulligan. "A phone call was made by Tyler to her mother, who responded quickly, and they were found by virtue of good work by KEYT-TV." Cook and Skan were soon reunited with their worried families.
Little detail was available at press time. "This was one of those situations where we had to raise all the flags," said Mulligan. "I just spoke with them and their response was they decided to do this 'take-off road trip' without much thought. It's an example of the prefrontal cortex not being fully developed at this age."
The Thacher School issued a press release thanking all who participated in the search for the missing students. "The Thacher School, the Skans, and the Cooks would like to thank the Ventura County Sheriff's office for their tireless efforts and help, the countless Search and Rescue professionals who combed the backcountry by horseback, foot and air, and the Thacher faculty and students," read the press release. "Thacher and the students' parents are relieved and thankful that they are safe and healthy."
"Thanks to the help and attention focused on this by the news media," said Mulligan, "this matter has been brought to closure with the best outcome that anyone could have hoped for."
The school also expressed gratitude to the Ojai, Ventura and Santa Barbara communities "for their diligence, perseverance, and willingness to communicate information" on the students' disappearance.
UPDATED Monday, 4:05 p.m.
Missing Thacher students
By Sondra Murphy
A search is still under way for two boarding students of The Thacher School who last seen together Friday evening between 7:30 and 9 p.m. George Nicholas Skan is described as a white male, 16 years old, 6’1”, 170 pounds with brown hair and eyes. He has some bald patches in his hair, was last seen wearing a gray hoodie sweatshirt, red shirt, blue jeans and sneakers with the word “money” on them.
Tyler Collins Cook is described as a white female, 5’9”, 140 pounds, brown eyes and was last seen wearing a gray hat, blue and green poncho, brown turtleneck shirt, blue jeans with white paint on them and brown slippers. Her hair is brown but has sun streaks that may make her hair appear blonde.
At 10:30 Friday night, it was discovered that Skan and Cook, who are reportedly romantically involved, had not checked into their dormitories following an on-campus movie. Within 15 minutes, search parties mobilized across the campus and nearby trails on foot and horseback until 3 a.m. Saturday.
The search resumed at 6 a.m. Saturday with an extensive air and ground search involving sheriff’s helicopters, 44 urban search and rescue personnel, bloodhounds and volunteers.
“After a further daylight search, we called the police and made a missing minor report. That report is in the statewide system. Ventura County Search and Rescue will begin work in the backcountry shortly. In addition, Cam Schryver has organized a group of upper class riders to comb the adjacent trails,” wrote assistant head of school Peter G. Robinson in a Saturday letter for Thacher parents.
According to Thacher’s director of communications, Chris Land, the search in the area around Thacher uncovered no sign of either student by Sunday and the rescue aspect of the effort was called off, shifting the focus to the urban areas of Ojai, Ventura and beyond.
“The families have not heard anything from the students,” said Land. “There has been no cell phone activity and no bank card activity to help locate them. It has been alarmingly quiet.” He added that they have found no sign of pre-planning by either Skan or Cook to help in the search.
“Anyone at Thacher who might know anything about this has been interviewed,” said Land. “The focus of the search is now on transportation out of the valley.”
Thacher held a press conference Monday at 2 p.m. to distribute photos and give an update on the search efforts. Sherrif’s Capt. Ross Bonfiglio reported that search dogs followed the teenagers’ scents to Reeves Road and stopped. Bonfiglio speculated that Cook and Skan may have gotten into a car at that point.
Possible Monday morning sightings in the Dennison Park area “did not appear to be them,” according to Bonfiglio during the press conference.
Skan’s parents, Paul and Jean Skan, flew down from Alaska in time to attend Monday’s press conference. Paul Skan said his son is a “quiet kid.” Jean Skan called her son, “just a normal teenager.” Cook’s parents were on their way to Ojai during the press conference.
The Thacher School is a coeducational boarding high school located four miles east of the City of Ojai. The 425-acre campus abuts the Los Padres National Forrest and currently enrolls 215 boarding students and 20 day students from 26 states and nine countries.
Anyone who has seen the teenagers or has information on their whereabouts is urged to contact the 24-hour tip line at 654-2417.
Friday, October 31, 2008
D.A. Seeks More Info In VPS Vandalism
Oct. 3 incident not being investigated as hate crime
By Sondra Murphy
As of Oct. 31, the vandalism incident that occurred on the Villanova Preparatory School campus Oct. 3 is still under investigation.
“The DA’s office has asked for more follow-up investigation and we’re hoping to have it wrapped up in a couple of weeks,” said Ojai Police Department Administrative Sgt. Maureen Hookstra. “We had a meeting with Villanova and the representative from the DA’s office reviewing the case. The school is being apprised of our status and so is Nordhoff.”
Villanova’s football field, pool and marble statue of St. Thomas of Villanova were reportedly vandalized with blue and gold paint, manure, salt and bleach. Slogans were also reported to have been painted on various surfaces, but details will not be released until the investigation is complete.
Villanova staff was able to clean up most of the mess quickly, with the exception of the statue. The marble proved very absorbent and Villanova is contacting specialty companies for help in removing the residual blue tint.
Seven Nordhoff students were subsequently suspended in connection with the incident, but names have not been released pending police investigation out of concern that it could compromise the case. Not all suspected vandals are Nordhoff students.
As reported in the Oct. 8 issue of the Ojai Valley News, Sheriff’s Detective Mark Burgess said that, contrary to rumors circulating throughout the community, the vandalism is not considered to be a hate crime. No further specifics have been given by investigators regarding the issue, but according to California Penal Code 422.7, hate crimes are defined as criminal acts against an individual or group because of actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender or disability.
Under felonies, P.C. 422.7 lists a hate crime to be the “commission of a crime for the purpose of interfering with another’s exercise of civil rights.” P.C. 594.3 specifies, “Vandalism of place of worship based on racial or religious bias.” P.C. 11412 reads, “Threats obstructing exercise of religion.”
Based on the information OVN has received to this point about the vandalism, religion was not the motivating factor in the incident, but misplaced school rivalry.
The OVN will run updates as information about the case is released.
By Sondra Murphy
As of Oct. 31, the vandalism incident that occurred on the Villanova Preparatory School campus Oct. 3 is still under investigation.
“The DA’s office has asked for more follow-up investigation and we’re hoping to have it wrapped up in a couple of weeks,” said Ojai Police Department Administrative Sgt. Maureen Hookstra. “We had a meeting with Villanova and the representative from the DA’s office reviewing the case. The school is being apprised of our status and so is Nordhoff.”
Villanova’s football field, pool and marble statue of St. Thomas of Villanova were reportedly vandalized with blue and gold paint, manure, salt and bleach. Slogans were also reported to have been painted on various surfaces, but details will not be released until the investigation is complete.
Villanova staff was able to clean up most of the mess quickly, with the exception of the statue. The marble proved very absorbent and Villanova is contacting specialty companies for help in removing the residual blue tint.
Seven Nordhoff students were subsequently suspended in connection with the incident, but names have not been released pending police investigation out of concern that it could compromise the case. Not all suspected vandals are Nordhoff students.
As reported in the Oct. 8 issue of the Ojai Valley News, Sheriff’s Detective Mark Burgess said that, contrary to rumors circulating throughout the community, the vandalism is not considered to be a hate crime. No further specifics have been given by investigators regarding the issue, but according to California Penal Code 422.7, hate crimes are defined as criminal acts against an individual or group because of actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender or disability.
Under felonies, P.C. 422.7 lists a hate crime to be the “commission of a crime for the purpose of interfering with another’s exercise of civil rights.” P.C. 594.3 specifies, “Vandalism of place of worship based on racial or religious bias.” P.C. 11412 reads, “Threats obstructing exercise of religion.”
Based on the information OVN has received to this point about the vandalism, religion was not the motivating factor in the incident, but misplaced school rivalry.
The OVN will run updates as information about the case is released.
Thursday, October 30, 2008
Areas Of Valley Under Quarantine
Gypsy moth infestation in Mira Monte, Meiners Oaks brings state’s sole quarantine
By Daryl Kelley
Discovery of a “breeding population” of tree-killing gypsy moths has prompted a quarantine of most of Mira Monte and Meiners Oaks and a western slice of Ojai, the only restriction of its kind in California.
Two clusters of up to 100 orange-colored moth eggs were found recently in Mira Monte, following discovery last summer of seven adults moths in traps nearby, officials said.
Gypsy moths were discovered in the same area last year and two were eradicated without harm in Meiners Oaks in 2000.
Gypsy moths, which can devastate oaks and other hardwood trees, are rarely found West of the Mississippi River. But some apparently hitchhiked on recreational vehicles from the Midwest or northeastern United States, where the pests have severely damaged forests, according to the state Department of Food and Agriculture.
The new Ojai Valley quarantine requires 35 businesses and thousands of residents to get a government inspection of anything stored outdoors during last summer before they can move the property elsewhere.
That means that owners of boats, RVs, trailers, patio furniture, firewood or other wood products within the five-square-mile quarantine area would need a county permit before the property could be sold or moved.
The quarantine area is bounded generally by Baldwin and Villanova roads on the south, state Highway 33 on the east, Fairview and Meyer roads on the north, and a sparsely populated area near the Ventura River on the west.
“The quarantine is necessary because we found egg masses in a couple of locations in Ojai (area),” said Steve Lyle, spokesman for the state Department of Food and Agriculture. “That tells us there is a breeding population there.”
The quarantine could last for two years, he said. It could affect, for example, a boat owner wanting to take the craft to Lake Casitas for the day or a recreational vehicle owner who wants to take a fall trip out of the area.
It is “intended to stop the spread of objects contaminated with gypsy moth eggs,” he said. “People are being asked not to move outdoor objects without prior inspection.”
Although the county Agricultural Commissioner’s Office, which will do the inspections, is requesting voluntary cooperation, a violation of the quarantine would be a misdemeanor crime and subject to a fine under the state Food and Agricultural Code, officials said. But inspectors won’t be writing tickets right away.
“Our first priority is to achieve compliance,” Lyle said. “Experience tells us that people want to cooperate and do what they can to reduce the risk of spreading invasive species.”
Notification letters to residents were scheduled to be hand-delivered Thursday after a quarantine declaration was issued in Sacramento.
Most affected businesses — a plant nursery, a landscaping company, a green-waste facility, a lumber yard, storage facilities and mobile home parks, for example — had already been contacted by midweek, said county Deputy Agricultural Commissioner Alan Laird, who is overseeing the program.
While retail complexes such as the Vons shopping center at Ojai’s “Y” intersection are within the eastern edge of the quarantine area, businesses there don’t have outdoor storage, so they won’t be affected by the restrictions, Laird said.
“This only affects anything stored outdoors,”he said.
He said two county inspectors, and more state officers, will be working the quarantine area, and that residents should expect a response within 45 minutes if they decide they want to move a boat or an RV that’s been in outdoor storage.
“We’ll be there in a very timely fashion,” he said.
As for businesses, as soon as they are inspected, they’ll be cleared to carry on business as usual, Laird said. For example, a plant nursery in the quarantine zone will be inspected for infestation, receive a certificate showing no problem was found, and then be free to sell plants.
Officials said the moth’s egg-laying season is ending, so any problem should be evident to inspectors now.
The quarantine was triggered after state inspectors, following up the discovery of seven gypsy moths in state traps in June and July, found two masses of eggs.
“They found two properties (in the Mira Monte) area infested with eggs masses,” Laird said. Each of those was within a quarter-mile of the other, he said. So the problem may be focused.
But the summer catch was serious enough to prompt this fall’s survey to find if gypsy moths are laying eggs locally, then to kill them before the resulting baby caterpillars eat many times their weight in leaves.
Since the summer discoveries, the number of traps in a four-square-mile survey area around the catches had been increased from 14 to 144, Lyle said. The state usually maintains two traps per square mile in the Ojai Valley, he said.
In addition, there were 10 state inspectors assigned to the survey, he said.
A single gypsy moth caterpillar can eat 1 square foot of leaves every day, experts say. And they have wrought devastation on vast swaths of woodland of the northeastern United States and the Great Lakes regions since migrating from Europe in the 1800s.
Once a tree is repeatedly defoliated, it is susceptible to disease, and often dies.
“It is important to detect and eradicate gypsy moth infestations while the population is still small,” says a Food and Agriculture flier that announced the survey.
“If a larger infestation were to develop in Ojai,” the flier said, “the gypsy moth caterpillars would threaten oaks in this region as well as other hardwoods, evergreens, manzanita, cottonwood, willow and others. It is also a threat to forests and agricultural crops such as fruit trees.”
Generally, however, gypsy moths are not a big problem for farmers in California, said Susan Johnson, Ventura County’s chief deputy agricultural commission. So far, every outbreak of gypsy moth infestation in this state has been eradicated, state officials said.
“It’s not an agricultural pest, it’s a pest of open spaces and viewsheds,” Johnson said. “It infests oaks and hardwood trees.”
Masses of eggs, appearing as buff-colored felt, are found on trees and on transportable items such as RVs, outdoor play equipment, barbecues and campers, according to state officials.
New infestations are primarily caused when these items are moved from infested areas such as the eastern United States, where millions of gypsy moths strip broad stands of trees and bushes each year.
The moth threat has prompted concern among local landowners, such as the Ojai Valley Land Conservancy, which oversees more than 1,930 acres of open space, much of it within the quarantine area.
The eggs are laid in masses that are light yellow-orange in color, often on the bark of trees. Any sighting should be reported to a state pest hot line at (800) 491-1899, officials said.
If a population of moths is found, it can be attacked with an organic insecticide, the standard practice after such a discovery.
Also, a quarantine could include inspection of motor homes at the California border if they are arriving from infected areas. And local inspectors would follow up in Ventura County to make sure none of the pests remain on the vehicles or equipment that were in infected regions. Those stretch from Maine to Wisconsin to Virginia.
By Daryl Kelley
Discovery of a “breeding population” of tree-killing gypsy moths has prompted a quarantine of most of Mira Monte and Meiners Oaks and a western slice of Ojai, the only restriction of its kind in California.
Two clusters of up to 100 orange-colored moth eggs were found recently in Mira Monte, following discovery last summer of seven adults moths in traps nearby, officials said.
Gypsy moths were discovered in the same area last year and two were eradicated without harm in Meiners Oaks in 2000.
Gypsy moths, which can devastate oaks and other hardwood trees, are rarely found West of the Mississippi River. But some apparently hitchhiked on recreational vehicles from the Midwest or northeastern United States, where the pests have severely damaged forests, according to the state Department of Food and Agriculture.
The new Ojai Valley quarantine requires 35 businesses and thousands of residents to get a government inspection of anything stored outdoors during last summer before they can move the property elsewhere.
That means that owners of boats, RVs, trailers, patio furniture, firewood or other wood products within the five-square-mile quarantine area would need a county permit before the property could be sold or moved.
The quarantine area is bounded generally by Baldwin and Villanova roads on the south, state Highway 33 on the east, Fairview and Meyer roads on the north, and a sparsely populated area near the Ventura River on the west.
“The quarantine is necessary because we found egg masses in a couple of locations in Ojai (area),” said Steve Lyle, spokesman for the state Department of Food and Agriculture. “That tells us there is a breeding population there.”
The quarantine could last for two years, he said. It could affect, for example, a boat owner wanting to take the craft to Lake Casitas for the day or a recreational vehicle owner who wants to take a fall trip out of the area.
It is “intended to stop the spread of objects contaminated with gypsy moth eggs,” he said. “People are being asked not to move outdoor objects without prior inspection.”
Although the county Agricultural Commissioner’s Office, which will do the inspections, is requesting voluntary cooperation, a violation of the quarantine would be a misdemeanor crime and subject to a fine under the state Food and Agricultural Code, officials said. But inspectors won’t be writing tickets right away.
“Our first priority is to achieve compliance,” Lyle said. “Experience tells us that people want to cooperate and do what they can to reduce the risk of spreading invasive species.”
Notification letters to residents were scheduled to be hand-delivered Thursday after a quarantine declaration was issued in Sacramento.
Most affected businesses — a plant nursery, a landscaping company, a green-waste facility, a lumber yard, storage facilities and mobile home parks, for example — had already been contacted by midweek, said county Deputy Agricultural Commissioner Alan Laird, who is overseeing the program.
While retail complexes such as the Vons shopping center at Ojai’s “Y” intersection are within the eastern edge of the quarantine area, businesses there don’t have outdoor storage, so they won’t be affected by the restrictions, Laird said.
“This only affects anything stored outdoors,”he said.
He said two county inspectors, and more state officers, will be working the quarantine area, and that residents should expect a response within 45 minutes if they decide they want to move a boat or an RV that’s been in outdoor storage.
“We’ll be there in a very timely fashion,” he said.
As for businesses, as soon as they are inspected, they’ll be cleared to carry on business as usual, Laird said. For example, a plant nursery in the quarantine zone will be inspected for infestation, receive a certificate showing no problem was found, and then be free to sell plants.
Officials said the moth’s egg-laying season is ending, so any problem should be evident to inspectors now.
The quarantine was triggered after state inspectors, following up the discovery of seven gypsy moths in state traps in June and July, found two masses of eggs.
“They found two properties (in the Mira Monte) area infested with eggs masses,” Laird said. Each of those was within a quarter-mile of the other, he said. So the problem may be focused.
But the summer catch was serious enough to prompt this fall’s survey to find if gypsy moths are laying eggs locally, then to kill them before the resulting baby caterpillars eat many times their weight in leaves.
Since the summer discoveries, the number of traps in a four-square-mile survey area around the catches had been increased from 14 to 144, Lyle said. The state usually maintains two traps per square mile in the Ojai Valley, he said.
In addition, there were 10 state inspectors assigned to the survey, he said.
A single gypsy moth caterpillar can eat 1 square foot of leaves every day, experts say. And they have wrought devastation on vast swaths of woodland of the northeastern United States and the Great Lakes regions since migrating from Europe in the 1800s.
Once a tree is repeatedly defoliated, it is susceptible to disease, and often dies.
“It is important to detect and eradicate gypsy moth infestations while the population is still small,” says a Food and Agriculture flier that announced the survey.
“If a larger infestation were to develop in Ojai,” the flier said, “the gypsy moth caterpillars would threaten oaks in this region as well as other hardwoods, evergreens, manzanita, cottonwood, willow and others. It is also a threat to forests and agricultural crops such as fruit trees.”
Generally, however, gypsy moths are not a big problem for farmers in California, said Susan Johnson, Ventura County’s chief deputy agricultural commission. So far, every outbreak of gypsy moth infestation in this state has been eradicated, state officials said.
“It’s not an agricultural pest, it’s a pest of open spaces and viewsheds,” Johnson said. “It infests oaks and hardwood trees.”
Masses of eggs, appearing as buff-colored felt, are found on trees and on transportable items such as RVs, outdoor play equipment, barbecues and campers, according to state officials.
New infestations are primarily caused when these items are moved from infested areas such as the eastern United States, where millions of gypsy moths strip broad stands of trees and bushes each year.
The moth threat has prompted concern among local landowners, such as the Ojai Valley Land Conservancy, which oversees more than 1,930 acres of open space, much of it within the quarantine area.
The eggs are laid in masses that are light yellow-orange in color, often on the bark of trees. Any sighting should be reported to a state pest hot line at (800) 491-1899, officials said.
If a population of moths is found, it can be attacked with an organic insecticide, the standard practice after such a discovery.
Also, a quarantine could include inspection of motor homes at the California border if they are arriving from infected areas. And local inspectors would follow up in Ventura County to make sure none of the pests remain on the vehicles or equipment that were in infected regions. Those stretch from Maine to Wisconsin to Virginia.
Ojai Public Access Issues Aired Out
Council also considers paying $3,000 a month to reimburse Stop the Trucks for settlement
By Nao Braverman
There may be hope yet for Ojai’s home-grown television shows.
AB 2987, which proposed to equalize competition among cable providers by allowing them to franchise with the state instead of individual cities, has already wiped out a number of public access stations in California.
When Time Warner, Ojai’s cable provider, announced its decision to franchise with the state after its agreement with Ojai expires in November, city staff expected to take on the task of broadcasting government meetings on Channel 10, but nothing else.
“It is my concern that if we are running a television studio that would add up to a lot of staff time,” said city manager Jere Kersnar.
But Ojai’s public access regulars, John Wilcock, who airs a low-budget travelogue through the local station, Lee Fitzgerald whose 14-year-old news show began in Ojai, and William Roberts who airs a vedic theology show, were not ready to give up their Ojai air time. All attended the regular City Council meeting Tuesday night to protest the city staff’s recommendation.
But council members did show interest in having a community-run public access station, and considered appointing a subcommittee to look into the task.
“If we do have a subcommittee, I will volunteer to be on the committee,” said Councilwoman Carol Smith, “because I think public access is something really precious and I would hate for Time Warner to get away with taking it away from us.”
While the endeavor would require some funds and certainly a number of community volunteers, the city could easily find the latter, as many meeting attendants eagerly volunteered themselves.
“I think PEG (Public Education and Government) access is a very important tool in bridging the digital divide,” said Ojai resident Marcus Sandy. A self-described tech-savvy geek, Sandy said he would be happy to offer his services should the council consider contracting the operation of a station to local volunteers.
Tyler Suchman, founder of the Ojai Post, also offered to provide data feed to the public access channel, in between City Council and Planning Commission meetings. “We have a wealth of content and technology,” he said.
Fitzgerald said that he and his show’s producer had been looking into independent community public access stations such as the one in Ventura (Community Access Partners of San Buenaventura) and another in Santa Barbara. He asked to be placed on a future City Council agenda with a proposal for Ojai.
Mayor Sue Horgan directed him to meet first with city staff. Council members all said they were open to the variety of ideas from public speakers and showed interest in directing a subcommittee of local volunteers to look into to the issue.
In an interview earlier Tuesday, Todd Thayer, executive director of CAPS in Ventura, said that their program was funded partially by the county, which gives it 40 percent of its franchise fees from Time Warner, and partially by small membership fees. They also receive an additional percentage for public access from the county through the new legislation, which requires Time Warner to give the city of Ventura a small percentage of its profits, earmarked for public access.
Ojai Council members also asked staff to apply to get 1 percent of Time Warner’s Ojai profits through the new legislation. But that will likely be less than $20,000 a year, according to the trend, and not enough to run a station, said Kersnar.
In other City Council news, council members considered paying the Stop the Trucks Coalition in monthly increments of about $3,000 until the end of the fiscal year.
Although nothing was solidified at the meeting, council members directed staff to work with members of Stop the Trucks to draft a memorandum of understanding which would provide the coalition with funds to operate.
Coalition Chair Michael Shapiro suggested an indefinite amount, with a total cap of $43,000, the sum that it cost the organization to settle with owners of the Diamond Rock Mine, over a period of about 14 months. That comes out to approximately $3,000 a month, though every month is different, said Shapiro. There have been many months that the organization didn’t use any money, while the costs during settlement meetings were much higher than $3,000 he said.
Shapiro said he hoped to work out an arrangement where the monthly amount was flexible. Council members asked staff to draft a memorandum of understanding which would give funds to the coalition for a trial run until the rest of this fiscal year which terminates in June. The memorandum would have to come back to council for approval.
Kersnar reported that a meeting between Skate Ojai, city staff and Site Design Group, Inc., on Monday went smoothly. The firm had continued to refine their design and seemed to be getting closer to a concept that meets everyone’s needs, he said.
“There is light at the end of the tunnel,” said Councilman Joe DeVito, who also attended the meeting.
The council also approved prioritizing parts of Valle Rio, Sierra Road, Shady Lane, Creek Road, Fulton Street, and North Signal for repaving with rubberized asphalt, a newer material which has a longer life span, according to Mike Culver, Public Works director.
Earlier on, the council agreed to allow tax incentives for owners of the Lavender Inn, for preserving and maintaining the inn under the Mills Act. The Mills Act authorizes the city to contract with owners of historic landmark properties, giving the owners tax incentives for upkeep of historic landmarks. The Lavender Inn, once a brick schoolhouse, is one of Ojai’s historic landmark structures.
Also at the opening of the meeting, San Antonio School fifth-grader Christopher Van Son gave a PowerPoint presentation on the environmental harm caused by grocery store plastic bags when they are discarded. Van Son urged the council to follow the lead of Bangladesh, Rwanda, China and San Francisco and adopt an ordinance banning plastic bags.
Council candidates Suza Francina and Betsy Clapp voiced their support for such an ordinance.
The meeting was adjourned in the memory of Ray Ellis.
By Nao Braverman
There may be hope yet for Ojai’s home-grown television shows.
AB 2987, which proposed to equalize competition among cable providers by allowing them to franchise with the state instead of individual cities, has already wiped out a number of public access stations in California.
When Time Warner, Ojai’s cable provider, announced its decision to franchise with the state after its agreement with Ojai expires in November, city staff expected to take on the task of broadcasting government meetings on Channel 10, but nothing else.
“It is my concern that if we are running a television studio that would add up to a lot of staff time,” said city manager Jere Kersnar.
But Ojai’s public access regulars, John Wilcock, who airs a low-budget travelogue through the local station, Lee Fitzgerald whose 14-year-old news show began in Ojai, and William Roberts who airs a vedic theology show, were not ready to give up their Ojai air time. All attended the regular City Council meeting Tuesday night to protest the city staff’s recommendation.
But council members did show interest in having a community-run public access station, and considered appointing a subcommittee to look into the task.
“If we do have a subcommittee, I will volunteer to be on the committee,” said Councilwoman Carol Smith, “because I think public access is something really precious and I would hate for Time Warner to get away with taking it away from us.”
While the endeavor would require some funds and certainly a number of community volunteers, the city could easily find the latter, as many meeting attendants eagerly volunteered themselves.
“I think PEG (Public Education and Government) access is a very important tool in bridging the digital divide,” said Ojai resident Marcus Sandy. A self-described tech-savvy geek, Sandy said he would be happy to offer his services should the council consider contracting the operation of a station to local volunteers.
Tyler Suchman, founder of the Ojai Post, also offered to provide data feed to the public access channel, in between City Council and Planning Commission meetings. “We have a wealth of content and technology,” he said.
Fitzgerald said that he and his show’s producer had been looking into independent community public access stations such as the one in Ventura (Community Access Partners of San Buenaventura) and another in Santa Barbara. He asked to be placed on a future City Council agenda with a proposal for Ojai.
Mayor Sue Horgan directed him to meet first with city staff. Council members all said they were open to the variety of ideas from public speakers and showed interest in directing a subcommittee of local volunteers to look into to the issue.
In an interview earlier Tuesday, Todd Thayer, executive director of CAPS in Ventura, said that their program was funded partially by the county, which gives it 40 percent of its franchise fees from Time Warner, and partially by small membership fees. They also receive an additional percentage for public access from the county through the new legislation, which requires Time Warner to give the city of Ventura a small percentage of its profits, earmarked for public access.
Ojai Council members also asked staff to apply to get 1 percent of Time Warner’s Ojai profits through the new legislation. But that will likely be less than $20,000 a year, according to the trend, and not enough to run a station, said Kersnar.
In other City Council news, council members considered paying the Stop the Trucks Coalition in monthly increments of about $3,000 until the end of the fiscal year.
Although nothing was solidified at the meeting, council members directed staff to work with members of Stop the Trucks to draft a memorandum of understanding which would provide the coalition with funds to operate.
Coalition Chair Michael Shapiro suggested an indefinite amount, with a total cap of $43,000, the sum that it cost the organization to settle with owners of the Diamond Rock Mine, over a period of about 14 months. That comes out to approximately $3,000 a month, though every month is different, said Shapiro. There have been many months that the organization didn’t use any money, while the costs during settlement meetings were much higher than $3,000 he said.
Shapiro said he hoped to work out an arrangement where the monthly amount was flexible. Council members asked staff to draft a memorandum of understanding which would give funds to the coalition for a trial run until the rest of this fiscal year which terminates in June. The memorandum would have to come back to council for approval.
Kersnar reported that a meeting between Skate Ojai, city staff and Site Design Group, Inc., on Monday went smoothly. The firm had continued to refine their design and seemed to be getting closer to a concept that meets everyone’s needs, he said.
“There is light at the end of the tunnel,” said Councilman Joe DeVito, who also attended the meeting.
The council also approved prioritizing parts of Valle Rio, Sierra Road, Shady Lane, Creek Road, Fulton Street, and North Signal for repaving with rubberized asphalt, a newer material which has a longer life span, according to Mike Culver, Public Works director.
Earlier on, the council agreed to allow tax incentives for owners of the Lavender Inn, for preserving and maintaining the inn under the Mills Act. The Mills Act authorizes the city to contract with owners of historic landmark properties, giving the owners tax incentives for upkeep of historic landmarks. The Lavender Inn, once a brick schoolhouse, is one of Ojai’s historic landmark structures.
Also at the opening of the meeting, San Antonio School fifth-grader Christopher Van Son gave a PowerPoint presentation on the environmental harm caused by grocery store plastic bags when they are discarded. Van Son urged the council to follow the lead of Bangladesh, Rwanda, China and San Francisco and adopt an ordinance banning plastic bags.
Council candidates Suza Francina and Betsy Clapp voiced their support for such an ordinance.
The meeting was adjourned in the memory of Ray Ellis.
Voters Face Wide Array Of Choices
Local races, from city council to water board, make for full ballot on Tuesday
By Daryl Kelley
Rarely have Ojai Valley voters had clearer choices than those they face on Tuesday as the long campaign for local, state and federal offices comes to a close.
Beyond the historic race for U.S. president, local voters will be picking a congressman, state legislators and an array of local officials, including two for the Ojai City Council and two more for the Ojai Valley’s most important water board.
After choosing between Barack Obama and John McCain, local voters will cast their ballots for a host of potential lawmakers that are even more starkly different than the presidential aspirants.
Rep. Elton Gallegly, R-Simi Valley, 64, a conservative who has consistently backed President Bush, seems a safe bet to return to Congress for a 12th term, despite an anti-Bush backlash that threatens Republicans in some of the strongest GOP districts in the nation.
That’s because his challenger in the 24th Congressional District, a former nurse and computer teacher, Marta Jorgensen of Solvang, has run almost no campaign. She’s failed to raise much money to offset the incumbent’s nearly $1-million bankroll, or to effectively press her environmental platform and fervent opposition to the Iraq War.
Jorgensen, 54, who has been sued by her former campaign manager for back pay, has said she’s relying on the coattails of Obama to gain election in a district with a strong Republican advantage in registered voters.
In one of the most interesting and costly races for the California Legislature, Ojai voters will also consider the differences between the philosophical bookends running for the 19th State Senate seat, Hannah-Beth Jackson and Tony Strickland.
Together, they and their supporters have spent more than $8 million on an avalanche of TV ads and mailers that seek to define their opponent in the starkest terms.
Jackson, 58, a Democrat from Santa Barbara, was a family lawyer before she became one of the Assembly’s most liberal members from 1998 until 2004. She’s been backed consistently by environmentalists, labor unions and social service advocates and opposed by pro-business, anti-tax and law enforcement groups.
Strickland, 38, a Republican from Moorpark, had never really held a job outside of politics when he became the Assembly’s youngest and one of its most conservative members while serving the same six-tear tenure as Jackson. He has been supported as a reliable pro-business, anti-tax and small government vote. After leaving office, he established a group to punish Republicans he saw as too willing to compromise with Democrats.
Now, both candidates are seeking support from moderate voters, who may decide the race, since voter registration in the once-safe Republican district is split almost evenly after a surge of Democratic registration this year.
Strickland is running as an “independent” thinker who has founded a company to promote renewable energy, despite his past opposition to alternative energy bills. He’s gained Gov. Arnold Schwarzenegger’s endorsement. But critics say his new stance is a ruse to give Strickland a position from which to campaign at a time when voters seem turned off by polarized politics. Strickland’s fledgling company has no employees and is awaiting permits to test wave energy.
Jackson is running as a protector of the middle class and the environment, highlighting her support of Obama and Strickland’s past support of Bush policies. She’s maintained that she voted to rein in subprime mortgage lenders in 2001, while Strickland rejected the same law as undue government control.
But she’s had to fight a Strickland campaign that tars her as “Taxin’ Jackson,” a politician who never saw a new tax she didn’t like. She’s supported by the Sierra Club, but opposed by a prominent anti-tax group. Strickland, meanwhile touts the support of Ventura County’s sheriff and district attorney.
Strickland is anti-abortion, while Jackson supports a woman’s right to choose.
Those stark differences are also clear in the 37th Assembly District, in which Audra Strickland, a former legislative aide and private school teacher, is seeking a third and final term. She replaced husband Tony in the seat in 2004, when he reached the maximum three terms Assembly members can serve.
Audra Strickland, 36, is opposed for the third time by Ferial Masry, 59, a high school government teacher from Newbury Park. The native of Saudia Arabia would be one of the first Muslim women elected to state office in the United States if she prevails. Masry has lost twice to Strickland by double-digit margins.
Although Democrats have made registration gains in the 37th District, Republicans retain a 7 percentage point advantage. In addition, Audra Strickland has run on her opposition to new taxes of any kind, her responsiveness to constituents and, in recent months, her leadership in opposing construction of a state prison hospital near Camarillo.
Masry, in turn, has run as an “independent Democrat,” and a “breath of fresh air,” who has business experience through ownership of a small company with her husband. She has said that construction of new court-ordered prison hospitals, such as the one near Camarillo, is a sign of the failure of California lawmakers like Strickland to fix a substandard health care system for inmates.
Other races on Tuesday’s ballot include a seat on the Ventura County Board of Education, in which pediatric dentist Mark Lisagor, 61, is challenging incumbent Chris Valenzano, 29, an emergency medical technician who was once an Assembly aide to Tony Strickland.
A majority of the Ojai Unified School District board has endorsed Lisagor.
The race for two seats on the Ojai City Council has been aggressive, but civil, with five candidates vying.
Joining veteran council members Rae Hanstad and Sue Horgan on the ballot are former Mayor Suza Francina, small business owner Betsy Clapp and federal government investigator Michael Lenehan.
While the candidates say they are running separate and independent races, incumbents Hanstad and Horgan each signed the other’s nomination papers, and challengers Francina and Clapp did the same for one another.
Lenehan, 47, a coach and Recreation Department member, said he thinks the current City Council is doing a good job and that he probably would not have run if the incumbents had not first bowed out of the race, then re-entered it in July.
The incumbents said they decided to seek a third full term because of unfinished city business, such as construction of a new skate park and a decision on how to meet a state mandate that Ojai provide more affordable housing.
Challengers Clapp and Francina, meanwhile, say they are running because the city needs a change in leadership. The incumbents have not been responsive to residents, they maintain, and have not moved forward quickly enough with actions to support their adopted goal of making Ojai an environmentally sensitive community.
Clapp, 57, and Francina, a 59-year-old author and yoga teacher, said they are running on platforms that include policies embraced by the fast-growing Ojai Valley Green Coalition.
“It’s time for the City Council to follow through in creating a truly sustainable Ojai,” Francina said.
In fact, the City Council did endorse those principles in May, when it pledged to embrace an array of new strategies to make the Ojai Valley a “green” community that laces economic, social and ecological needs into the fabric of everyday life.
Hanstad and Horgan specifically said then that it was time to make such concepts part of government and community life.
“Ojai’s natural setting and magnificent environment must be protected,” Horgan, 53, said.
Hanstad, 57, stated similar views, saying her goals were to preserve Ojai’s “hometown character” while balancing its three primary assets, “a natural environment, a diverse character, and a healthy economy.”
Also on the Tuesday ballot are seats to direct the Casitas Municipal Water District, the Ojai Valley Sanitary District, the Meiners Oaks Water District and the valley Municipal Advisory Committee.
There are competitive races for two Casitas Water board seats, In a district centered in Ventura, incumbent Jim Word is challenged by retail salesperson David Norrdin. In a district that includes Meiners Oaks and Mira Monte, incumbent Pete Kaiser is challenged by substitute teacher Jeff Ketelsen. Both Norrdin and Ketelsen are perennial candidates who have never won a competitive race.
For the Ojai Valley Sanitary District, two seats are contested: incumbent William Stone is challenged by state license contractor George Galgas in Division 1; incumbent Kaiser is challenged by Frank McNerney and Ketelsen in Division 3.
On the Ojai Valley MAC, incumbent Alan Saltzman is challenged by Gerald Kaplan in Division 7.
For the Meiners Oaks Water board, incumbents James Barrett and Karol Ballantine are challenged by retired business owner Norm Davis.
Polls will be open Tuesday from 7 a.m. until 8 p.m. Election officials expect a heavy turnout.
By Daryl Kelley
Rarely have Ojai Valley voters had clearer choices than those they face on Tuesday as the long campaign for local, state and federal offices comes to a close.
Beyond the historic race for U.S. president, local voters will be picking a congressman, state legislators and an array of local officials, including two for the Ojai City Council and two more for the Ojai Valley’s most important water board.
After choosing between Barack Obama and John McCain, local voters will cast their ballots for a host of potential lawmakers that are even more starkly different than the presidential aspirants.
Rep. Elton Gallegly, R-Simi Valley, 64, a conservative who has consistently backed President Bush, seems a safe bet to return to Congress for a 12th term, despite an anti-Bush backlash that threatens Republicans in some of the strongest GOP districts in the nation.
That’s because his challenger in the 24th Congressional District, a former nurse and computer teacher, Marta Jorgensen of Solvang, has run almost no campaign. She’s failed to raise much money to offset the incumbent’s nearly $1-million bankroll, or to effectively press her environmental platform and fervent opposition to the Iraq War.
Jorgensen, 54, who has been sued by her former campaign manager for back pay, has said she’s relying on the coattails of Obama to gain election in a district with a strong Republican advantage in registered voters.
In one of the most interesting and costly races for the California Legislature, Ojai voters will also consider the differences between the philosophical bookends running for the 19th State Senate seat, Hannah-Beth Jackson and Tony Strickland.
Together, they and their supporters have spent more than $8 million on an avalanche of TV ads and mailers that seek to define their opponent in the starkest terms.
Jackson, 58, a Democrat from Santa Barbara, was a family lawyer before she became one of the Assembly’s most liberal members from 1998 until 2004. She’s been backed consistently by environmentalists, labor unions and social service advocates and opposed by pro-business, anti-tax and law enforcement groups.
Strickland, 38, a Republican from Moorpark, had never really held a job outside of politics when he became the Assembly’s youngest and one of its most conservative members while serving the same six-tear tenure as Jackson. He has been supported as a reliable pro-business, anti-tax and small government vote. After leaving office, he established a group to punish Republicans he saw as too willing to compromise with Democrats.
Now, both candidates are seeking support from moderate voters, who may decide the race, since voter registration in the once-safe Republican district is split almost evenly after a surge of Democratic registration this year.
Strickland is running as an “independent” thinker who has founded a company to promote renewable energy, despite his past opposition to alternative energy bills. He’s gained Gov. Arnold Schwarzenegger’s endorsement. But critics say his new stance is a ruse to give Strickland a position from which to campaign at a time when voters seem turned off by polarized politics. Strickland’s fledgling company has no employees and is awaiting permits to test wave energy.
Jackson is running as a protector of the middle class and the environment, highlighting her support of Obama and Strickland’s past support of Bush policies. She’s maintained that she voted to rein in subprime mortgage lenders in 2001, while Strickland rejected the same law as undue government control.
But she’s had to fight a Strickland campaign that tars her as “Taxin’ Jackson,” a politician who never saw a new tax she didn’t like. She’s supported by the Sierra Club, but opposed by a prominent anti-tax group. Strickland, meanwhile touts the support of Ventura County’s sheriff and district attorney.
Strickland is anti-abortion, while Jackson supports a woman’s right to choose.
Those stark differences are also clear in the 37th Assembly District, in which Audra Strickland, a former legislative aide and private school teacher, is seeking a third and final term. She replaced husband Tony in the seat in 2004, when he reached the maximum three terms Assembly members can serve.
Audra Strickland, 36, is opposed for the third time by Ferial Masry, 59, a high school government teacher from Newbury Park. The native of Saudia Arabia would be one of the first Muslim women elected to state office in the United States if she prevails. Masry has lost twice to Strickland by double-digit margins.
Although Democrats have made registration gains in the 37th District, Republicans retain a 7 percentage point advantage. In addition, Audra Strickland has run on her opposition to new taxes of any kind, her responsiveness to constituents and, in recent months, her leadership in opposing construction of a state prison hospital near Camarillo.
Masry, in turn, has run as an “independent Democrat,” and a “breath of fresh air,” who has business experience through ownership of a small company with her husband. She has said that construction of new court-ordered prison hospitals, such as the one near Camarillo, is a sign of the failure of California lawmakers like Strickland to fix a substandard health care system for inmates.
Other races on Tuesday’s ballot include a seat on the Ventura County Board of Education, in which pediatric dentist Mark Lisagor, 61, is challenging incumbent Chris Valenzano, 29, an emergency medical technician who was once an Assembly aide to Tony Strickland.
A majority of the Ojai Unified School District board has endorsed Lisagor.
The race for two seats on the Ojai City Council has been aggressive, but civil, with five candidates vying.
Joining veteran council members Rae Hanstad and Sue Horgan on the ballot are former Mayor Suza Francina, small business owner Betsy Clapp and federal government investigator Michael Lenehan.
While the candidates say they are running separate and independent races, incumbents Hanstad and Horgan each signed the other’s nomination papers, and challengers Francina and Clapp did the same for one another.
Lenehan, 47, a coach and Recreation Department member, said he thinks the current City Council is doing a good job and that he probably would not have run if the incumbents had not first bowed out of the race, then re-entered it in July.
The incumbents said they decided to seek a third full term because of unfinished city business, such as construction of a new skate park and a decision on how to meet a state mandate that Ojai provide more affordable housing.
Challengers Clapp and Francina, meanwhile, say they are running because the city needs a change in leadership. The incumbents have not been responsive to residents, they maintain, and have not moved forward quickly enough with actions to support their adopted goal of making Ojai an environmentally sensitive community.
Clapp, 57, and Francina, a 59-year-old author and yoga teacher, said they are running on platforms that include policies embraced by the fast-growing Ojai Valley Green Coalition.
“It’s time for the City Council to follow through in creating a truly sustainable Ojai,” Francina said.
In fact, the City Council did endorse those principles in May, when it pledged to embrace an array of new strategies to make the Ojai Valley a “green” community that laces economic, social and ecological needs into the fabric of everyday life.
Hanstad and Horgan specifically said then that it was time to make such concepts part of government and community life.
“Ojai’s natural setting and magnificent environment must be protected,” Horgan, 53, said.
Hanstad, 57, stated similar views, saying her goals were to preserve Ojai’s “hometown character” while balancing its three primary assets, “a natural environment, a diverse character, and a healthy economy.”
Also on the Tuesday ballot are seats to direct the Casitas Municipal Water District, the Ojai Valley Sanitary District, the Meiners Oaks Water District and the valley Municipal Advisory Committee.
There are competitive races for two Casitas Water board seats, In a district centered in Ventura, incumbent Jim Word is challenged by retail salesperson David Norrdin. In a district that includes Meiners Oaks and Mira Monte, incumbent Pete Kaiser is challenged by substitute teacher Jeff Ketelsen. Both Norrdin and Ketelsen are perennial candidates who have never won a competitive race.
For the Ojai Valley Sanitary District, two seats are contested: incumbent William Stone is challenged by state license contractor George Galgas in Division 1; incumbent Kaiser is challenged by Frank McNerney and Ketelsen in Division 3.
On the Ojai Valley MAC, incumbent Alan Saltzman is challenged by Gerald Kaplan in Division 7.
For the Meiners Oaks Water board, incumbents James Barrett and Karol Ballantine are challenged by retired business owner Norm Davis.
Polls will be open Tuesday from 7 a.m. until 8 p.m. Election officials expect a heavy turnout.
Five Vie For Two Council Seats
By Daryl KelleyOjai voters have five choices this fall for two seats on the City Council.
Joining veteran council members Rae Hanstad and Sue Horgan on the Nov. 4 ballot are former Mayor Suza Francina, small business owner Betsy Clapp and federal government investigator Michael Lenehan.
Unlike many other campaigns this electoral season, the Ojai council race has been pointed but civil, with four candidate forums, including one Monday at Chaparral Auditorium co-sponsored by the Ojai Valley Green Coalition and the Ojai Post.
The race has been defined in the context of incumbents vs. challengers, with Hanstad and Horgan citing the importance of their experience as public officials and Francina and Clapp insisting that Ojai city government should be more open to an array of citizen opinion and more active in pursuit of solutions.
By contrast, Lenehan, a city parks commissioner and federal military investigator, said he thinks both incumbents have done a good job but that he stayed in the race to give voters the option of a blue-collar candidate with a strong parks and recreation background.
“I predict this will be a close election,” Hanstad said. “All of the candidates are capable and all have as a goal to enrich the quality of life in Ojai. The difference is experience specific to this job.”
And, Horgan said: “The city has done a great job.”
But Francina and Clapp insist that current council members agree so often they nearly always see things the same way to the exclusion of diverse ideas.
“Consensus-building among people who think the same is easy,” said Francina, a council member from 1996 until 2000, when she chose not to run again after a controversial first term. “I respect Sue and Rae, but I think there should be a lot more transparency in our local government. Betsy and I are serious, well-qualified challengers.”
Clapp said she’d characterize the race as “status quo vs. the willingness to change and look at new ideas … For a long time, the city council has not been receptive or inviting to the public.”
This election represents the first challenge to Horgan and Hanstad since 2000. They ran unopposed for re-election in 2004.
Horgan, 53, a former business banker and city planning commissioner, was appointed to the council in 1999, then placed first in a three-person race the next year.
Hanstad, 57, a substance abuse consultant who was recruited by a group of city leaders in 2000, placed second, ahead of the late community activist, Bruce Roland.
Horgan had 1,903 votes, Hanstad 1,591 and Roland 1,378.
“The incumbents have never really had to run for their seats until now,” said Francina, 59, a yoga instructor and author of four books on health and yoga for older people.
As two-term incumbents, Hanstad and Horgan have become friends and admirers. Each signed the other’s nomination papers for council. Both participated in the fiscal turnaround of Ojai city government.
And each has received the support of Councilmembers Steve Olsen and Joe DeVito, who were both critical of Francina’s performance when she was on the council a decade ago.
Hanstad and Horgan said they are running for a third full term because they want to finish the work they’ve begun, especially construction of a skate park for Ojai youth, completion of a new comprehensive plan to guide city policies and adoption of a new housing plan that addresses state mandates for more affordable dwellings.
They also want to make sure the City Council adopts follow-up policies to assure that the city never gets in the same financial mess that led it to completely drain a $4-million budget reserve four years ago.
And, as the emerging Ojai Valley Green Coalition finds full voice, both Hanstad and Horgan are pressing with the rest of the City Council to begin to implement the “Road Map to a Sustainable Ojai” it approved in May.
Specifically, Hanstad said at Monday’s forum on environmental issues that the city needs to work with the rest of the Ojai Valley communities to better address serious problems of water quality and availability, traffic and the region’s overall quality of life.
“Ojai really is a very special place,” Horgan added. “We all want to protect what we have here. We know we have a gem here.”
But Francina and Clapp criticized the City Council for talking a good game but acting too slowly.
“I hear Sue Horgan talk about being in balance: Our world is way out of balance,” Francina said.
And Clapp said the council had shelved the bicycle and pedestrian master plan Francina helped draft in 1999, and still has 50 bike racks in storage behind City Hall.
“We need to have deadlines,” Francina said. “Otherwise it’s just a bunch of hot air.”
On a sampling of questions at Monday’s forum: Hanstad and Horgan said they wouldn’t ban use of plastic bags in the city, while Clapp and Francina said they would, and none of the candidates said they would ban from city use the herbicide spray, Roundup, which Ventura County is using to rid the Ventura River of the invasive arundo reed. Francina did say, to applause: “As a general rule we should have a pesticide-free valley.”
In more general terms, the incumbents have stressed in interviews that they’re running separate and independent campaigns. “Ojai voters are studious,” Hanstad said. “They judge candidates as individuals.”
Hanstad said she’ll spend about $3,500 in a “paperless” campaign that has no mass mailings, focusing instead on her reelectrae.com web site. Horgan said she has raised about $5,000 and spent about $4,000 on a mailed flier, a “focused letter” to potential supporters, ads and Ojai Day. Francina said she has spent about $3,500, mostly on a web site (suzaforojai.com), newspaper ads, mailers and an Ojai Day booth. Clapp estimates her spending at $4,400 for ads, mailers, lawn signs, a booth and web site (Betsy4Council.net). Lenehan said he has spent about $200 and has refused to accept campaign contributions.
Both incumbents said they’ve been pleased with the civil way in which this campaign has been waged by all five candidates, although Clapp and Francina have taken the fight to them at some of the forums.
“Obviously, there will be attacks on the city and the incumbents, but that’s just part of the format,” Hanstad said. “But between the candidates, I think it’s been very civil and respectful.”
Lenehan, however, said he didn’t like the way Clapp has pressed issues sometimes.
“I don’t agree with her sound-bite attacks,” he said. “I like her and I respect her, I just don’t agree with her tactics. Whether I agree with Suza or not, or think she’s on this planet, I like her.”
He said he likes and respects both Horgan and Hanstad because he worked well with both when they served as liaisons to the city Recreation Department.
Clapp said she’s received praise for her aggressive performance at forums, and was endorsed by the Ojai Valley Chamber of Commerce board of directors after one last week. When chamber executive director Scott Eicher called, “… he said I was incredibly prepared” at the forums, she said.
Eicher said that at least five of the seven board members who voted endorsed Clapp. The board has 10 members, but two were absent and one abstained because she works on the Francina campaign, he said.
Meanwhile, like the incumbents, Clapp and Francina have echoed each other on issues.
They signed each other’s nominating petitions and have stressed many of the same environmentally oriented issues.
Clapp, 57, who runs a small business that makes powdered food products, and Francina said they are running on platforms that include goals embraced by the Green Coalition.
“The Ojai Valley Green Coalition is advocating things I’ve supported since 1974,” said Francina, who was derisively dubbed “Mayor Moonbeam” during her mayoral term in 2000.
“I smile when I remember that I used to be called ‘that bicycle lady’ and ‘Mayor Moonbeam,’” Francina said in her official candidate statement. “Now conservation is the watchword of every government and business around the world.”
Both Clapp and Francina said it is past time for the city to implement the bicycle-pedestrian master plan. “Where’s our bike plan developed 10 years ago?” Clapp said. “It’s gathering dust somewhere in City Hall.”
Both Clapp and Francina also have rapped the council for approving a 2006 lawsuit in support of the city attorney’s decision not to place on the city ballot two citizen’s initiatives he found too vague to be constitutional. The ensuing legal battle, in which the city prevailed on appeal this week, has now cost taxpayers about $100,000.
The proposed initiatives were in favor of affordable housing and against chain stores, both issues addressed this year by the council.
But both Horgan and Hanstad said they would not vote to spend any more money on the case if the American Civil Liberties Union appeals it to the state Supreme Court.
“Enough,” said Hanstad in an interview. “We have other legal priorities at this time.”
In a general sense, the five candidates bring to voters distinct personalities and clear choices.
When Hanstad, a 28-year Ojai resident, was first elected eight years ago, she was a partner in a local surgical equipment firm, raising three teenage children and was active not only in local schools but also in groups such as Ojai Valley Library Friends and Foundation, the Ojai Music Festival and the Ojai Valley Land Conservancy.
“That combination of volunteerism and business experience appealed to my drafting committee (in 2000),” Hanstad said, speaking of former Mayors Nina Shelley and David Bury, Councilman Olsen and current school board member Ricki Horne, among others.
Today, Hanstad, who holds a community college degree and attended classes at the University of Chicago, said she’s hardly a seasoned political veteran.
“I don’t know if anyone ever feels like a veteran here,” she said. “Ojai has such an active public. And you know what they say, there are no small issues in small towns.”
Hanstad sees herself as “a centrist, and that’s a strength.” But she knows that could be a dicey position in a close election in which other candidates have niches of support. “The person in the middle of the road gets run over,” she said.
Horgan’s path to the council followed graduation from the University of Colorado and years as a commercial banker in Los Angeles. She, her lawyer husband and 2-year-old daughter moved to Ojai 16 years ago. She served as administrative director at Four Winds School until 2003, and has been a stay-at-home mother since then. Like Hanstad, she’s served on a variety of local, city and countywide boards as a representative of Ojai.
Lately, she’s also served as a board member to the Ojai Valley Community Hospital Foundation.
“Really what sets me apart is my belief in responsive government, openness to new ideas and prudent fiscal management,” she said. “It’s a really balanced approach to solving the issues we face. I have a broad focus and not a single agenda.”
Her top priority right now, she said, is getting the skate park built promptly.
Clapp, an 18-year Ojai resident, has a widely varied professional history. She worked as a finish carpenter for 20 years, cooked on an offshore oil platform for four years, cruised in a sailboat with her husband for a year and a half and operated a Ventura coffee shop. Now, she runs two small businesses. And she did much of that while raising a daughter.
During her campaign, Clapp has proposed a number of new initiatives, including creation of a valleywide recreation district, since people throughout the area participate in programs sponsored by the city.
Indeed, a survey Clapp did during Ojai Day showed her what residents want the city to do with its money. Placing first, was construction of a community swimming pool, while more recreational activities was second in her survey. Street repairs ranked high, as did library remodeling, refurbishing Libbey Bowl and more bike lanes and racks, she said.
“This is all about the quality of life in this valley,” she said.
Francina, who emigrated from Holland to Ojai 51 years ago, trained as an early childhood teacher before graduating from the Iyengar Yoga Institute of San Francisco. She’s written best-selling yoga books and is a local teacher of that discipline.
She has raised two children and now lives with “lots of animals” on “one of the most beautiful streets in Ojai.”
“I feel very loved and supported by the community,” she said, and good about running for council again.
“I feel I’m headed in the right direction, and I’m at peace either way.”
She’s already personally involved in one issue before the City Council — a proposal to tear down 18 of 25 low-income rental units on Mallory Way near her home, and build 23 new units in their place.
“I’ve submitted my concerns,” she said. “These are about the last low-income houses left.”
Lenehan, a lieutenant colonel in the Army reserves who is an Iraq War veteran, said he moved to Ojai in 2001 because it was such a good place to raise his five children.
“We all live in a three-bedroom, one-bath, 950-square-foot house,” he laughed. “But we feel very fortunate just to be here.”
He said he’s running his campaign on behalf of blue-collar Ojai. “I’m pretty much a working-class individual, like a lot of Ojai residents,” said Lenehan, a graduate of Santa Barbara City College and the University of California at Santa Barbara.
Lenehan said a focus of his campaign is improving youth recreational programs, although he said he’s learned a lot about other issues during the campaign.
“Most folks here in Ojai know me as coach Mike,” he said.
Lenehan has coached youth soccer, T-ball and hockey teams on which his children have participated. He is also an assistant varsity football coach at Villanova Preparatory School.
“I thought being involved in so many sports and having so many kids, I might as well contribute where I can.”
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