The Ojai Post

Dear Kim Rodriguez and Carole Aragon @ the Ventura County Planning Division,

Please add these latest two incidents below to our list of formal complaints.

#19: On January 13., 2009 around 2:20 pm another UNCOVERED but fully loaded Swader double hopper gravel truck heading south on Route 33 was spotted in Miramonte. If this vehicle had been coming from Ozena, would that not constitute yet another potential violation, particularly since it was - as always - traveling with an uncovered load?

Later this same day, a white double hopper gravel truck heading north up Route 33 passed through the Ojai Valley between 5:00 pm and 5:23 pm. It looked like the same vehicle spotted yesterday at around the same time. If this vehicle had been going to Ozena, would that not constitute yet another potential violation?

Sincerely,
Howard Smith, Vice Chair
Stop the Trucks
Subject: Complaint #18 From Stop the Trucks, January 12, 2008

Dear Kim and Carole,

Please add this latest incident below to our list of formal complaints.

#18: On January 12, 2009, a white double hopper gravel truck heading north up Route 33 passed through the Ojai Valley between 5:00 pm and 5:30 pm. It looked like the vehicle in the picture below (taken earlier). If this vehicle had been going to Ozena, would that not constitute yet another potential violation?

Sincerely,
Howard Smith, Vice Chair
Stop the Trucks

Subject: Re: Complaints #17 From Stop the Trucks, January 12, 2008

Dear Kim and Carole,

Thank you for your latest follow up.

Please add these latest incidents below to our list of formal complaints.

#17: Once again, on January 12, 2009, a fully loaded Swader double hopper gravel truck heading south down Route 33 passed through the Ojai Valley between 2:15 pm and 2:45 pm. While the truck did not violate the time schedule, it was UNCOVERED.

A little later that same afternoon, between 2:42 pm and 3:12 pm another UNCOVERED but fully loaded Swader double hopper gravel truck heading south, entered the restricted zone, went past the high school, turned right at the "Y"," and then continued down Rt 33 towards Ojai View and Casitas Springs. If this vehicle had been coming from Ozena, would that not constitute yet another potential violation, particularly since it was - as always - traveling during the restricted time zone and with an uncovered load?

Sincerely,
Howard Smith, Vice Chair
Stop the Trucks

Mr. Smith:
Attached please find copies of the Alleged Notice of Violation letters to Ozena Valley Ranch Mine for Complaint No. 14 and No. 15. If you have any questions, please let me know.

Regards,
Carole Aragon
SMARA Coordinator
County of Ventura - Planning Division
carole.aragon@ventura.org
(805) 654-2462

Subject: Complaints #16 From Stop the Trucks, January 8, 2008

Dear Kim and Carole,

We look forward to seeing the responses to our prior complaints. Thank you.

Please add these latest incidents below to our list of formal complaints.

#15: Once again, on January 8, 2009, a Swader double hopper gravel truck came north up 33 and entered the restricted zone in Casitas Springs at about 7:32 am then continued north towards town and then past the high school. (This would put it on the same daily schedule as the vehicle complaints #13 & #14.) If this vehicle had been going to Ozena, would that not constitute yet another potential violation?

That same afternoon, at about 3:55 pm a UNCOVERED but fully loaded Swader double hopper gravel truck heading south, entered the restricted zone, went past the high school, turned right at the "Y"," and then continued down Rt 33 towards Ojai View and Casitas Springs. If this vehicle had been coming from Ozena, would that not constitute yet another potential violation, particularly since it was - as always - traveling with an uncovered load?

Following upon our conversation with the County CEO and County Counsel, the Stop the Trucks Coalition has also been in touch with Ojai City Council Staff and the State Assembly regarding enforcement of this rule about covering loads. Local and State Police have now been alerted and may well begin citing gravel hauling vehicles that fail to protect the public by covering their loads.

On top of our unconfirmed reports regarding possible weigh scale irregularities at the mine, we have also see online research at the State of California's site that indicates that Tony Virgilio's weighmaster certification might still be delinquent. Would this disqualify him from serving as a weigh master?

Sincerely,
Howard Smith, Vice Chair
Stop the Trucks

Subject: Complaints #14 & #15 From Stop the Trucks, January 7, 2008

Dear Kim and Carole,

Thank you once more for your prompt response to our last two complaints.

Please add these latest incidents below to our list of formal complaints.

#14: On January 7, 2009, a Swader double hopper gravel truck came north up 33 and entered the restricted zone in Casitas Springs at about 7:38 am then continued north towards town and then past the high school. (This would put it on the same daily schedule as the vehicle in complaint #13.) If this vehicle had been going to Ozena, would that not constitute yet another potential violation?

#15: According to the C.U.P, all trucks loaded and leaving Ozena are required to have their loads covered, however, as best we have been able to determine over the past two years, none of the trucks that we have witnessed as possibly coming from Ozena with loads, appeared to be covered. If this is in fact proven to be true, then wouldn't this also constitute a pattern of repeated violations?

We are also have also heard multiple -- but unconfirmed reports -- that Ozena may not actually be using the automated truck scale weighing system for each weigh ticket and might possibly be avoiding this system by writing out many tickets by hand. And the rumors are that these tickets do not have either the actual real weight or the correct time. We don't know if this is true or not, but isn't this something that can be easily confirmed by comparing weigh tickets and billing records as was done last year? We raised this question at our meeting this afternoon with the County CEO and County Counsel and hope you can eventually provide some clear cut answers.

Thank you,

Howard Smith, Vice Chair
Stop the Trucks
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Dear Mr. Smith:
In response to your complaint #12 and #13 against Ozena Valley Ranch Mine, I am forwarding you copies of the Alleged Notice of Violation (ANOV09-0006 and 0007) that were issued to Ozena requesting the weigh tickets for the days in questions. If you have any questions, please let me know.

Regards

Carole Aragon
SMARA Coordinator
County of Ventura - Planning Division
carole.aragon@ventura.org
(805) 654-2462

Subject: Complaints #12 & #13 From Stop the Trucks, January 2 2009 & January 6, 2009

Dear Kim and Carole,

Thank you for your earlier responses and for noting yet another possible violation by Ozena, that of having used concrete and other reprocessed scrap on site.

Please add these latest incidents below to our list of formal complaints.

#12: On January 2, 2009, a white double hopper gravel truck came south down Route 33 and into the Ojai restricted zone at 3:23 pm. If this vehicle had been coming from Ozena, that would constitute yet another potential violation.

#13: Today, January 6, 2009, a white double hopper gravel truck with a white cab with brown trim came south down Route 33 into the Ojai restricted zone, past the high school and hospital and then turned left at the "y" and headed through downtown Ojai at 7:53 am. Five minutes later, a Swader double hopper came north up 33 and then drove past the high school at 7:58 am.

Later that same day, a Swader double hopper gravel truck entered the Ojai restricted zone heading south on Route 33 at 3:08 pm and continued south all the way through Casitas Springs.

If these trucks were coming from Ozena, these too would constitute violations.

We are also wondering why, since Ozena is required by the C.U.P. to maintain copies of all weigh tickets on site, the Planning Division did not simply obtain the weight tickets for these incidents (and for the entire year) while Ms. Aragon was up at the mine site in December, rather than making multiple requests by snail mail?

Thank you,

Howard Smith, Vice Chair
Stop the Trucks

Subject: Re: Complaint #11 From Stop the Trucks, December 30, 2008

Good Afternoon Howard~

I wanted to let you know that our review of the complaints that you filed are expected to be completed by the end of the week. I will send you a formal written response of our findings at that time.

I would also like to set up a meeting where we can discuss issues such as baseline (that you discussed below) the scoping meeting to be held in Ojai and the EIR consultant selection process. Any specific dates/times that would work for you? The earlier the better~

I look forward to our meeting.

Kim

Kim Rodriguez, AICP
Planning Director
County of Ventura
805.654.2481
kim.rodriguez@ventura.org

Subject: Complaint #11 From Stop the Trucks, December 30, 2008

Dear Kim Rodriguez & Carole Aragon,

#11 There appears to be no let up in possible violations by gravel trucks going to and from Ozena. On Tuesday, December 30, 2008 beginning at around 4:25 pm one of our Coalition members spotted a light blue double hopper gravel truck, possibly one from Swader, passing through the "Y" at Ojai and heading north on Route 33. The truck continued north past the high school and hospital. The spotter trailed the truck for a considerable length of time as it proceeded up Maricopa Highway and towards Ozena.

If correct this would represent another in a possible series of ongoing violations.

To date, "Stop the Trucks," has twice filed Public Record Requests for all the weigh tickets from Ozena in order to confirm potential violations or to clear the mine of those allegations. These weigh tickets are also critical to establish base lines for any environmental impact review and to determine average daily and maximum daily trips. Without that information there is no way a reasonable EIR review can even be undertaken. We have received nothing to date.

As was noted in a separate letter to you this week about meeting, the consensus of the Executive committee was a strong, "yes."

We would appreciate the opportunity to meet with you to discuss how your office intends to respond to our ever growing list of complaints, as well as anything else you wish to discuss.

Sincerely,

Howard Smith, Vice Chair
Stop the Trucks

Subject: Complaint #10 From Stop the Trucks, December 26, 2008

Dear Kim Rodriguez & Carole Aragon,

I hope you are both enjoying your holidays and am glad to see you are both checking emails as it appears there has been no let up in gravel trucks.

Today, Friday, the day after Christmas, two double hopper gravel trucks came south on Route 33 and past by the Ojai Hospital and Nordhoff High School at 3:45 pm. If they were coming from Ozena, that would be yet another violation of the C.U.P. At least one, if not both were from Swader Trucking. We are asking you once again to investigate this possible violation of the Ozena C.U.P.

It is now over one month since we first began reporting possible C.U.P. violations on a semi-regular basis and we have still heard nothing back from the Planning Division regarding the results of your investigations.

We have also queried the executive committee about the possibility of meeting with you but due to the holidays have not yet been able to determine when that might be.

Sincerely,

Howard Smith, Vice Chair
Stop the Trucks
Subject: Re: Complaint's #7; #8 & #9 From Stop the Trucks, December 19, 2008

Dear Mr. Smith,

We are currently in the investigation process of your prior four e-mails. I'll ask Carole to open up an Alleged Notice of Violation on for the 18th. I expect to have a response to you shortly.

As to the issue of the RFP, it was sent to many firms and we had three responses. The firm will be chosen prior to the scoping meeting so that they will have the benefit of attending. As we discussed earlier, the scooping meeting will be held in Ojai. I'll ask staff to review the issue of this document not being included your public records act request as it is a part of the record

I believe it is important that we meet to discuss the other items that you brought forward in your e-mail. If possible, during the first week in January. Please let me know if you or a representative from Stop the Trucks will be available. I'll be out of the office until the 5th of January but I'll be checking my messages.

Sincerely,

Kim

Kim Rodriguez, AICP
Planning Director
County of Ventura
805.654.2481
kim.rodriguez@ventura.org

>>> "Howard Smith" 12/19/2008 4:02 PM >>>

Dear Kim Rodriguez and Carol Aragon,

#7) It appears that the enforcement work of the prior weeks with Ozena has been to little avail. This morning, December 18, 2008, and only hours after Route 33 was cleared of snow and re-opened to traffic, a dark blue, double hopper truck from Pride Trucking passed by Nordhoff High School just as students were arriving heading north at 7:37 am, in apparent violation of the allowed hours of travel through the Ojai Valley.

#8) The Stop the Trucks Coalition has recently learned that three environmental firms (URS; Lilburn; & Envicom) have responded to an apparent RFP prepared by the department last July according to your own billing records.

First, the Planning Division failed to included these documents in our Public Records Request of August, a clear violation in and of itself.

Secondly, the RFP was prepared prior to the public scoping process. Normally under CEQA, the public scoping to determine what should be in the RFP occurs BEFORE an agency sends out an RFP.

Third, and perhaps most critically, we have also learned from our last PRR that the three firms (URS; Lilburn; & Envicom) that responded to the RFP were not only either recommended by the agent for the applicant, John Hecht, but have also had significant contact with the applicant that was in fact encouraged by Pat Richards.

Fourth, URS had already responded to an "sole source" RFP on Ozena last spring, which was rejected by Mr. Hecht as being too expensive. Hecht wanted competitive bidding to lower the price of the RFP while also adding in a second proposal for Aqua-culture for one price. That the applicant gets to determine the size and scope of an EIR review based on cost instead of what is necessary and appropriate runs contrary to CEQA guidelines.

Documentation of all of this is openly available in your own files.

#9) After a nearly 2-1/2 year delay, Mr. Richards finally responded to a letter from the Ojai Valley MAC regarding several key issues related to the Ozena proposals. The MAC had , expressed serious concerns regarding Ozena, including ground water standards; seismic damage to the roads, especially Route 33; and the concepts of average daily trips and maximum daily trips. Although in his response Mr. Richards assures the MAC that all of these concerns have been taken care of, he in fact ignores the actual reality.

Application, for instance of the Ventura County ground water standards could in itself cause the termination of the Ozena mine. The low cost bid for the RFP further ignores the fact that Highway 33 DID collapse this year and that no seismic review is indicated in the RFP's nor are their sufficient funds to even begin to accomplish this task.

Furthermore, the concept of average daily trips and maximum daily trips also violates CEQA standards because the Planning Division has absolutely no means to measure either of these numbers nor any ability to determine what the "baseline" is for CEQA impacts. . The only possible tool the Division might have is weigh tickets, which it has assiduously avoided obtaining for the first nine months of the year.

All of these actions are highly inappropriate and only add to the list of "theater of the absurd" practices that Mr. Richards and the Planning Division have engaged in over the eight years of the Ozena C.U.P. These are among the many, many issues the Coalition will be bringing to the attention of County executives and County Counsel when we meet in early January.

Is it too much to ask that you clean them up by then?

And for Carole Aragon's benefit, a copies of all the other recent complaints, including Bob Walker's from last February follow below.

Sincerely,

Howard Smith, Vice Chair
Stop the Trucks

Subject: Stop the Trucks: Complaint Follow Up

Dear Kim Rodriguez,

This was perhaps the first morning in many months that none of our Coalition truck spotters were awakened by the sound of gravel trucks at 4:30 am. Perhaps your investigations are beginning to have an impact. Thank you...

And thank you for you note - copied below - in which you inform us that Carole Aragon, the SMARA Coordinator, will be investigating our six (6) recent complaints. (also below)

I do not know if you are aware of it or not, but while you were on leave last February and Mr. Richards was overseeing Ms. Aragon, a complaint was filed about Ozena by an affiliate of the Coalition, Bob Walker. This complaint was never fully investigated or responded to in any form. A copy of that complaint is below at the very bottom of this email.

According to documents that the "Stop the Trucks" Coalition obtained through our August 2008 Public Records Request, Ms. Aragon began her investigation but never completed it. To date, no one has ever responded to Mr. Walker about the issues he's raised. (And this isn't the first time a complaint from Mr. Walker regarding Ozena has gone unanswered and perhaps un-investigated.) Further, even though Ms. Aragon, in a letter to John Hecht, Ozena's agent, refers to a number of weigh tickets that she is reviewing, none of those weigh tickets were turned over to the Coalition in the course of our Public Records Request.

Given these two issues, failure to fully investigate and failure to turn over documents under the Public Records Act, and Mr. Richards own record in regards Ozena, I hope you can understand our concern that our complaints are not only taken seriously but are adjudicated fully and properly.

As weigh tickets are the only CEQA tool the Planning Division currently has to ascertain compliance with the C.U.P., we trust you will take the necessary administrative steps to rectify these oversights.

With sincere thanks,

Howard Smith, Vice Chair
Stop the Trucks

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Re: Thanks & More Complaints (5) & (6) about Ozena, December 10,2008
From: Kim Rodriguez
To: Howard Smith
cc: Carole Aragon

I received your complaint. Ms Aragon from our office reviews these complaints. I see that you forwarded this to her also so she will be getting back with you. Please call me directly if you have any questions on the process~

Kim

Thanks & More Complaints (#5) & (#6) about Ozena, December 10, 2008

From: "Howard Smith" smythe@ojai.net> 12/10/2008 3:45 PM >>

Dear Kim Rodriguez,

Thank you for your response to our prior complaints. Unfortunately we have two more to add.

#5: This morning at about 4:40 am a double hopper truck apparently passed by the hospital & high school heading north toward Ozena well before allowable hours. Later that same morning what appeared to be the same vehicle, a light blue truck from Swader heading south left the restricted zone near Casitas Springs at about 7:10 am.

This afternoon, at precisely 3:24pm two more double hopper, both white in color, came south from Ozena and again passed by the high school and hospital. If correct, all of these would have be potential violations.

#6: Two independent sources familiar with the gravel industry have reported that the alleged new operator, Alliance had possibly moved and expanded the processing plant; had expanded the size and location of the pit; and were allegedly washing and processing old concrete. If true, all would be potential C.U.P. violations.

Further, at an October Ojai City Council meeting, the lawyer for Tony Virgilio and Ozena presented the City with a weigh ticket purportedly from October 8th, two months after the Virgilio family had allegedly leased the operation to Alliance.

That Virgilio had weigh tickets in his possession for that date leads us to wonder if in fact the Virgilo Family has both leased the operation to Alliance while continuing to fill orders separately as some means to appear to be in compliance while not actually being so. In other words, is he double dipping?

We appreciate your efforts in investigating these matters.

Sincerely,
Howard Smith, Vice Chair
"Stop the Trucks"

Complaint (#4) on Gravel Trucks Violating the C.U.P. on Tuesday, December 9, 2008

Tuesday, December 9, 2008

Dear Kim Rodriguez & Chris Stephens,

On Tuesday, December 9, 2008, between 8:22 am and 8:25 am we spotted three double hopper gravel trucks apparently violating the Ozena C.U.P. by heading north on Route 33 in the Ojai Valley restricted zone.

That same afternoon we spotted three more double hopper trucks, two of which were from Swader, apparently violating the C.U.P. by traveling south bound through the Ojai restricted zone between 3:21 pm and 3:50 pm, which would, once again, put them right in front of Nordhoff High School as students are leaving for the day.

Your department's attention to this urgent matter is greatly appreciated.

Sincerely,
Howard Smith
smythe@ojai.net

Subject: Re: Another Complaint (#3) on Gravel Trucks Violating the C.U.P. on Monday, December 8, 2008

Good Morning Mr. Smith -

We have received your complaint and will follow up. We will keep you posted on our findings.

Kim Rodriguez, AICP
Planning Director
County of Ventura
805.654.2481
kim.rodriguez@ventura.org

Complaint (#3) on Gravel Trucks Violating the C.U.P. on Monday, December 8, 2008

Subject: Another Complaint (#3) on Gravel Trucks Violating the C.U.P. on Monday, December 8, 2008

Monday, December 8, 2008

Dear Kim Rodriguez & Chris Stephens,

On Monday, December 8, 2008 I spotted two more Swader double hopper gravel trucks apparently violating the C.U.P. by traveling south bound through the Ojai restricted zone at 3:33 pm and at 3:38 pm, which would again put them right in front of Nordhoff High School as students are leaving for the day.

Your department's attention to this urgent matter is greatly appreciated.

Sincerely,
Howard Smith
smythe@ojai.net

Complaint (#2) on Gravel Trucks Violating the C.U.P. on Wednesday, December 3, 2008
--------------------------------------------------------------------------------
From: Smith, Howard
Sent: Wednesday, December 03, 2008 8:37 AM
Subject: More Gravel Truck C.U.P. Violations on December 3, 2008
Importance: High

Dear Kim Rodriguez & Chris Stephens,

Thank you for your response to our earlier complaint. We appreciate your quick action.

Please add this to our prior complaint about C.U.P. Violations in conjunction with gravel tucking and the Ozena mine operation.

Today, December 3, 2008, a double hopper truck went north up Maricopa Highway (Route 33) past the high school and hospital towards Ozena at 4:40 am, well before the 6:00 am to 7:00 am allowable access through the Ojai Valley.

At 7:10 am another double hopper, this one from Swader trucking (apparently one of the most regular possible violators) also went past the high school heading north as students were arriving.

At 7:18 am, a third double hopper - possible another one from Swader - also headed north.

About ten minutes later, at 7:30 am, a fourth truck was spotted doing the same. The last two trucks were the same color as the Swader trucks but their logos were hard to identify at the speed they were traveling.

It is almost one year since you informed the operators of the Ozena Valley Ranch and Gravel Mine in writing that they must comply with the hours of the existing C.U.P.

When I met with Matt Carroll in July of 2008, I noted that violations of the time schedule were still occurring on essentially a daily basis. Many of us have not only witnessed these violations but have filmed some as well.

These apparent ongoing violations were confirmed recently by the spouse of a former Planning Department employee who during a four day stay at the Ojai Valley Community Hospital, was repeatedly awoken as early as 4:00 am each day by gravel trucks accelerating as they headed north out of the traffic light at the"Y" and past the hospital and/or when coming south, braking at the same intersection.

Last month the lawyers for "Stop the Trucks" had reported to Ventura County Counsel that as of August 4, 2008 the Virgilio Family had apparently been leasing their mining operation to Alliance, a gravel and trucking firm from up north. In our last public records request there was no indication that Alliance had agreed in writing as required by the C.U.P. to obey all conditions of the permit.

Wouldn't it make sense given all that has transpired to require Ozena and Alliance to turn over all of their weigh tickets for the last 12 months to confirm compliance? And if not for the last 12 months, certainly as of August 4th? Doesn't this makes far more sense than doing it piecemeal?

Wouldn't you agree that given what we all suspect to be the actual truth, a review of those records could be the beginning of the end of this entire conflict? And that is something I am sure we could all happily agree upon.

(Please respond to my home email: smythe@ojai.net )
Happy Holidays,

Howard J. Smith

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Complaint (#1) on Gravel Trucks Violating the C.U.P. on Friday, November 21st & Monday November 24th, 2008

November 24, 2008

To the Ventura County Planning Division and Resource Management Agency,

Please consider this email my formal complaint against the permit holder for the Ozena Valley Ranch and Gravel Mine for violating the C.U.P. restrictions on hours of trucking through the Ojai Valley.

On Friday morning, November 21st, I personally witnessed two double hopper gravel trucks heading north on Route 33 go through the "Y" intersection between 7:30am and 8:00am in direct violation of the C.U.P. limits on hours of travel through the valley.

At 7:15 am today, November 24th, I personally witnessed one double hopper gravel truck from Swader Trucking heading up Route 33 and past Nordhoff High School in direct violation of the C.U.P. limits on hours of travel through the valley.

This afternoon I personally witnessed four different double hopper gravel trucks coming down Route 33 apparently from the Ozena Valley Ranch and Gravel Mine. The trucks all passed through the Ojai valley between 3:00pm and 3:30 pm, also in violation of the C.U.P.

We expect a full and complete investigation of this complaint.

Thank you,

Howard Smith, Vice Chair
Stop the Trucks

Formal Ozena trucking complaint of February 8, 2008

Ojai, CA. 93023

February 13, 2008

Carole Aragon
Patrick Richard, Acting Director
County of Ventura
Planning Division
800 South Victoria Ave.
Ventura, CA 93009

Dear Carole and Patrick:

I am sending you this formal complaint in response to seven trucks that I witnessed on February 8, 2008 violating Ozena Sand and Gravel Mine's hauling time restrictions.
At 8:40 A.M. two Southbound Swader trucks hauling 3/8" gravel passed in front of my house. That would put those trucks in the Ojai City limits during the restricted time. Also, I witnessed five Northbound, empty, Valley Bulk trucks in front of my house starting at 8:45 A.M. This would place the trucks passing through the Ojai Valley during the restricted times. The first Valley Bulk truck returned Southbound loaded with washed concrete sand at 11:03 A.M.and the second truck at 11:06 A.M.
The roads had been closed due to the recent snows. As soon as they were open, the trucks went right back to their old habits.

Sincerely, Bob Walker.

Dear Kim Rodriguez and Carole Aragon @ the Ventura County Planning Division,

Please add these latest two incidents below to our list of formal complaints.

#19: On January 13., 2009 around 2:20 pm another UNCOVERED but fully loaded Swader double hopper gravel truck heading south on Route 33 was spotted in Miramonte. If this vehicle had been coming from Ozena, would that not constitute yet another potential violation, particularly since it was - as always - traveling with an uncovered load?

Later this same day, a white double hopper gravel truck heading north up Route 33 passed through the Ojai Valley between 5:00 pm and 5:23 pm. It looked like the same vehicle spotted yesterday at around the same time. If this vehicle had been going to Ozena, would that not constitute yet another potential violation?

Sincerely,
Howard Smith, Vice Chair
Stop the Trucks
Subject: Complaint #18 From Stop the Trucks, January 12, 2008

Dear Kim and Carole,

Please add this latest incident below to our list of formal complaints.

#18: On January 12, 2009, a white double hopper gravel truck heading north up Route 33 passed through the Ojai Valley between 5:00 pm and 5:30 pm. It looked like the vehicle in the picture below (taken earlier). If this vehicle had been going to Ozena, would that not constitute yet another potential violation?

Sincerely,
Howard Smith, Vice Chair
Stop the Trucks

Subject: Re: Complaints #17 From Stop the Trucks, January 12, 2008

Dear Kim and Carole,

Thank you for your latest follow up.

Please add these latest incidents below to our list of formal complaints.

#17: Once again, on January 12, 2009, a fully loaded Swader double hopper gravel truck heading south down Route 33 passed through the Ojai Valley between 2:15 pm and 2:45 pm. While the truck did not violate the time schedule, it was UNCOVERED.

A little later that same afternoon, between 2:42 pm and 3:12 pm another UNCOVERED but fully loaded Swader double hopper gravel truck heading south, entered the restricted zone, went past the high school, turned right at the "Y"," and then continued down Rt 33 towards Ojai View and Casitas Springs. If this vehicle had been coming from Ozena, would that not constitute yet another potential violation, particularly since it was - as always - traveling during the restricted time zone and with an uncovered load?

Sincerely,
Howard Smith, Vice Chair
Stop the Trucks

Mr. Smith:
Attached please find copies of the Alleged Notice of Violation letters to Ozena Valley Ranch Mine for Complaint No. 14 and No. 15. If you have any questions, please let me know.

Regards,
Carole Aragon
SMARA Coordinator
County of Ventura - Planning Division
carole.aragon@ventura.org
(805) 654-2462

Subject: Complaints #16 From Stop the Trucks, January 8, 2008

Dear Kim and Carole,

We look forward to seeing the responses to our prior complaints. Thank you.

Please add these latest incidents below to our list of formal complaints.

#15: Once again, on January 8, 2009, a Swader double hopper gravel truck came north up 33 and entered the restricted zone in Casitas Springs at about 7:32 am then continued north towards town and then past the high school. (This would put it on the same daily schedule as the vehicle complaints #13 & #14.) If this vehicle had been going to Ozena, would that not constitute yet another potential violation?

That same afternoon, at about 3:55 pm a UNCOVERED but fully loaded Swader double hopper gravel truck heading south, entered the restricted zone, went past the high school, turned right at the "Y"," and then continued down Rt 33 towards Ojai View and Casitas Springs. If this vehicle had been coming from Ozena, would that not constitute yet another potential violation, particularly since it was - as always - traveling with an uncovered load?

Following upon our conversation with the County CEO and County Counsel, the Stop the Trucks Coalition has also been in touch with Ojai City Council Staff and the State Assembly regarding enforcement of this rule about covering loads. Local and State Police have now been alerted and may well begin citing gravel hauling vehicles that fail to protect the public by covering their loads.

On top of our unconfirmed reports regarding possible weigh scale irregularities at the mine, we have also see online research at the State of California's site that indicates that Tony Virgilio's weighmaster certification might still be delinquent. Would this disqualify him from serving as a weigh master?

Sincerely,
Howard Smith, Vice Chair
Stop the Trucks

Subject: Complaints #14 & #15 From Stop the Trucks, January 7, 2008

Dear Kim and Carole,

Thank you once more for your prompt response to our last two complaints.

Please add these latest incidents below to our list of formal complaints.

#14: On January 7, 2009, a Swader double hopper gravel truck came north up 33 and entered the restricted zone in Casitas Springs at about 7:38 am then continued north towards town and then past the high school. (This would put it on the same daily schedule as the vehicle in complaint #13.) If this vehicle had been going to Ozena, would that not constitute yet another potential violation?

#15: According to the C.U.P, all trucks loaded and leaving Ozena are required to have their loads covered, however, as best we have been able to determine over the past two years, none of the trucks that we have witnessed as possibly coming from Ozena with loads, appeared to be covered. If this is in fact proven to be true, then wouldn't this also constitute a pattern of repeated violations?

We are also have also heard multiple -- but unconfirmed reports -- that Ozena may not actually be using the automated truck scale weighing system for each weigh ticket and might possibly be avoiding this system by writing out many tickets by hand. And the rumors are that these tickets do not have either the actual real weight or the correct time. We don't know if this is true or not, but isn't this something that can be easily confirmed by comparing weigh tickets and billing records as was done last year? We raised this question at our meeting this afternoon with the County CEO and County Counsel and hope you can eventually provide some clear cut answers.

Thank you,

Howard Smith, Vice Chair
Stop the Trucks
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Dear Mr. Smith:
In response to your complaint #12 and #13 against Ozena Valley Ranch Mine, I am forwarding you copies of the Alleged Notice of Violation (ANOV09-0006 and 0007) that were issued to Ozena requesting the weigh tickets for the days in questions. If you have any questions, please let me know.

Regards

Carole Aragon
SMARA Coordinator
County of Ventura - Planning Division
carole.aragon@ventura.org
(805) 654-2462

Subject: Complaints #12 & #13 From Stop the Trucks, January 2 2009 & January 6, 2009

Dear Kim and Carole,

Thank you for your earlier responses and for noting yet another possible violation by Ozena, that of having used concrete and other reprocessed scrap on site.

Please add these latest incidents below to our list of formal complaints.

#12: On January 2, 2009, a white double hopper gravel truck came south down Route 33 and into the Ojai restricted zone at 3:23 pm. If this vehicle had been coming from Ozena, that would constitute yet another potential violation.

#13: Today, January 6, 2009, a white double hopper gravel truck with a white cab with brown trim came south down Route 33 into the Ojai restricted zone, past the high school and hospital and then turned left at the "y" and headed through downtown Ojai at 7:53 am. Five minutes later, a Swader double hopper came north up 33 and then drove past the high school at 7:58 am.

Later that same day, a Swader double hopper gravel truck entered the Ojai restricted zone heading south on Route 33 at 3:08 pm and continued south all the way through Casitas Springs.

If these trucks were coming from Ozena, these too would constitute violations.

We are also wondering why, since Ozena is required by the C.U.P. to maintain copies of all weigh tickets on site, the Planning Division did not simply obtain the weight tickets for these incidents (and for the entire year) while Ms. Aragon was up at the mine site in December, rather than making multiple requests by snail mail?

Thank you,

Howard Smith, Vice Chair
Stop the Trucks

Subject: Re: Complaint #11 From Stop the Trucks, December 30, 2008

Good Afternoon Howard~

I wanted to let you know that our review of the complaints that you filed are expected to be completed by the end of the week. I will send you a formal written response of our findings at that time.

I would also like to set up a meeting where we can discuss issues such as baseline (that you discussed below) the scoping meeting to be held in Ojai and the EIR consultant selection process. Any specific dates/times that would work for you? The earlier the better~

I look forward to our meeting.

Kim

Kim Rodriguez, AICP
Planning Director
County of Ventura
805.654.2481
kim.rodriguez@ventura.org

Subject: Complaint #11 From Stop the Trucks, December 30, 2008

Dear Kim Rodriguez & Carole Aragon,

#11 There appears to be no let up in possible violations by gravel trucks going to and from Ozena. On Tuesday, December 30, 2008 beginning at around 4:25 pm one of our Coalition members spotted a light blue double hopper gravel truck, possibly one from Swader, passing through the "Y" at Ojai and heading north on Route 33. The truck continued north past the high school and hospital. The spotter trailed the truck for a considerable length of time as it proceeded up Maricopa Highway and towards Ozena.

If correct this would represent another in a possible series of ongoing violations.

To date, "Stop the Trucks," has twice filed Public Record Requests for all the weigh tickets from Ozena in order to confirm potential violations or to clear the mine of those allegations. These weigh tickets are also critical to establish base lines for any environmental impact review and to determine average daily and maximum daily trips. Without that information there is no way a reasonable EIR review can even be undertaken. We have received nothing to date.

As was noted in a separate letter to you this week about meeting, the consensus of the Executive committee was a strong, "yes."

We would appreciate the opportunity to meet with you to discuss how your office intends to respond to our ever growing list of complaints, as well as anything else you wish to discuss.

Sincerely,

Howard Smith, Vice Chair
Stop the Trucks

Subject: Complaint #10 From Stop the Trucks, December 26, 2008

Dear Kim Rodriguez & Carole Aragon,

I hope you are both enjoying your holidays and am glad to see you are both checking emails as it appears there has been no let up in gravel trucks.

Today, Friday, the day after Christmas, two double hopper gravel trucks came south on Route 33 and past by the Ojai Hospital and Nordhoff High School at 3:45 pm. If they were coming from Ozena, that would be yet another violation of the C.U.P. At least one, if not both were from Swader Trucking. We are asking you once again to investigate this possible violation of the Ozena C.U.P.

It is now over one month since we first began reporting possible C.U.P. violations on a semi-regular basis and we have still heard nothing back from the Planning Division regarding the results of your investigations.

We have also queried the executive committee about the possibility of meeting with you but due to the holidays have not yet been able to determine when that might be.

Sincerely,

Howard Smith, Vice Chair
Stop the Trucks
Subject: Re: Complaint's #7; #8 & #9 From Stop the Trucks, December 19, 2008

Dear Mr. Smith,

We are currently in the investigation process of your prior four e-mails. I'll ask Carole to open up an Alleged Notice of Violation on for the 18th. I expect to have a response to you shortly.

As to the issue of the RFP, it was sent to many firms and we had three responses. The firm will be chosen prior to the scoping meeting so that they will have the benefit of attending. As we discussed earlier, the scooping meeting will be held in Ojai. I'll ask staff to review the issue of this document not being included your public records act request as it is a part of the record

I believe it is important that we meet to discuss the other items that you brought forward in your e-mail. If possible, during the first week in January. Please let me know if you or a representative from Stop the Trucks will be available. I'll be out of the office until the 5th of January but I'll be checking my messages.

Sincerely,

Kim

Kim Rodriguez, AICP
Planning Director
County of Ventura
805.654.2481
kim.rodriguez@ventura.org

>>> "Howard Smith" 12/19/2008 4:02 PM >>>

Dear Kim Rodriguez and Carol Aragon,

#7) It appears that the enforcement work of the prior weeks with Ozena has been to little avail. This morning, December 18, 2008, and only hours after Route 33 was cleared of snow and re-opened to traffic, a dark blue, double hopper truck from Pride Trucking passed by Nordhoff High School just as students were arriving heading north at 7:37 am, in apparent violation of the allowed hours of travel through the Ojai Valley.

#8) The Stop the Trucks Coalition has recently learned that three environmental firms (URS; Lilburn; & Envicom) have responded to an apparent RFP prepared by the department last July according to your own billing records.

First, the Planning Division failed to included these documents in our Public Records Request of August, a clear violation in and of itself.

Secondly, the RFP was prepared prior to the public scoping process. Normally under CEQA, the public scoping to determine what should be in the RFP occurs BEFORE an agency sends out an RFP.

Third, and perhaps most critically, we have also learned from our last PRR that the three firms (URS; Lilburn; & Envicom) that responded to the RFP were not only either recommended by the agent for the applicant, John Hecht, but have also had significant contact with the applicant that was in fact encouraged by Pat Richards.

Fourth, URS had already responded to an "sole source" RFP on Ozena last spring, which was rejected by Mr. Hecht as being too expensive. Hecht wanted competitive bidding to lower the price of the RFP while also adding in a second proposal for Aqua-culture for one price. That the applicant gets to determine the size and scope of an EIR review based on cost instead of what is necessary and appropriate runs contrary to CEQA guidelines.

Documentation of all of this is openly available in your own files.

#9) After a nearly 2-1/2 year delay, Mr. Richards finally responded to a letter from the Ojai Valley MAC regarding several key issues related to the Ozena proposals. The MAC had , expressed serious concerns regarding Ozena, including ground water standards; seismic damage to the roads, especially Route 33; and the concepts of average daily trips and maximum daily trips. Although in his response Mr. Richards assures the MAC that all of these concerns have been taken care of, he in fact ignores the actual reality.

Application, for instance of the Ventura County ground water standards could in itself cause the termination of the Ozena mine. The low cost bid for the RFP further ignores the fact that Highway 33 DID collapse this year and that no seismic review is indicated in the RFP's nor are their sufficient funds to even begin to accomplish this task.

Furthermore, the concept of average daily trips and maximum daily trips also violates CEQA standards because the Planning Division has absolutely no means to measure either of these numbers nor any ability to determine what the "baseline" is for CEQA impacts. . The only possible tool the Division might have is weigh tickets, which it has assiduously avoided obtaining for the first nine months of the year.

All of these actions are highly inappropriate and only add to the list of "theater of the absurd" practices that Mr. Richards and the Planning Division have engaged in over the eight years of the Ozena C.U.P. These are among the many, many issues the Coalition will be bringing to the attention of County executives and County Counsel when we meet in early January.

Is it too much to ask that you clean them up by then?

And for Carole Aragon's benefit, a copies of all the other recent complaints, including Bob Walker's from last February follow below.

Sincerely,

Howard Smith, Vice Chair
Stop the Trucks

Subject: Stop the Trucks: Complaint Follow Up

Dear Kim Rodriguez,

This was perhaps the first morning in many months that none of our Coalition truck spotters were awakened by the sound of gravel trucks at 4:30 am. Perhaps your investigations are beginning to have an impact. Thank you...

And thank you for you note - copied below - in which you inform us that Carole Aragon, the SMARA Coordinator, will be investigating our six (6) recent complaints. (also below)

I do not know if you are aware of it or not, but while you were on leave last February and Mr. Richards was overseeing Ms. Aragon, a complaint was filed about Ozena by an affiliate of the Coalition, Bob Walker. This complaint was never fully investigated or responded to in any form. A copy of that complaint is below at the very bottom of this email.

According to documents that the "Stop the Trucks" Coalition obtained through our August 2008 Public Records Request, Ms. Aragon began her investigation but never completed it. To date, no one has ever responded to Mr. Walker about the issues he's raised. (And this isn't the first time a complaint from Mr. Walker regarding Ozena has gone unanswered and perhaps un-investigated.) Further, even though Ms. Aragon, in a letter to John Hecht, Ozena's agent, refers to a number of weigh tickets that she is reviewing, none of those weigh tickets were turned over to the Coalition in the course of our Public Records Request.

Given these two issues, failure to fully investigate and failure to turn over documents under the Public Records Act, and Mr. Richards own record in regards Ozena, I hope you can understand our concern that our complaints are not only taken seriously but are adjudicated fully and properly.

As weigh tickets are the only CEQA tool the Planning Division currently has to ascertain compliance with the C.U.P., we trust you will take the necessary administrative steps to rectify these oversights.

With sincere thanks,

Howard Smith, Vice Chair
Stop the Trucks

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Re: Thanks & More Complaints (5) & (6) about Ozena, December 10,2008
From: Kim Rodriguez
To: Howard Smith
cc: Carole Aragon

I received your complaint. Ms Aragon from our office reviews these complaints. I see that you forwarded this to her also so she will be getting back with you. Please call me directly if you have any questions on the process~

Kim

Thanks & More Complaints (#5) & (#6) about Ozena, December 10, 2008

From: "Howard Smith" smythe@ojai.net> 12/10/2008 3:45 PM >>

Dear Kim Rodriguez,

Thank you for your response to our prior complaints. Unfortunately we have two more to add.

#5: This morning at about 4:40 am a double hopper truck apparently passed by the hospital & high school heading north toward Ozena well before allowable hours. Later that same morning what appeared to be the same vehicle, a light blue truck from Swader heading south left the restricted zone near Casitas Springs at about 7:10 am.

This afternoon, at precisely 3:24pm two more double hopper, both white in color, came south from Ozena and again passed by the high school and hospital. If correct, all of these would have be potential violations.

#6: Two independent sources familiar with the gravel industry have reported that the alleged new operator, Alliance had possibly moved and expanded the processing plant; had expanded the size and location of the pit; and were allegedly washing and processing old concrete. If true, all would be potential C.U.P. violations.

Further, at an October Ojai City Council meeting, the lawyer for Tony Virgilio and Ozena presented the City with a weigh ticket purportedly from October 8th, two months after the Virgilio family had allegedly leased the operation to Alliance.

That Virgilio had weigh tickets in his possession for that date leads us to wonder if in fact the Virgilo Family has both leased the operation to Alliance while continuing to fill orders separately as some means to appear to be in compliance while not actually being so. In other words, is he double dipping?

We appreciate your efforts in investigating these matters.

Sincerely,
Howard Smith, Vice Chair
"Stop the Trucks"

Complaint (#4) on Gravel Trucks Violating the C.U.P. on Tuesday, December 9, 2008

Tuesday, December 9, 2008

Dear Kim Rodriguez & Chris Stephens,

On Tuesday, December 9, 2008, between 8:22 am and 8:25 am we spotted three double hopper gravel trucks apparently violating the Ozena C.U.P. by heading north on Route 33 in the Ojai Valley restricted zone.

That same afternoon we spotted three more double hopper trucks, two of which were from Swader, apparently violating the C.U.P. by traveling south bound through the Ojai restricted zone between 3:21 pm and 3:50 pm, which would, once again, put them right in front of Nordhoff High School as students are leaving for the day.

Your department's attention to this urgent matter is greatly appreciated.

Sincerely,
Howard Smith
smythe@ojai.net

Subject: Re: Another Complaint (#3) on Gravel Trucks Violating the C.U.P. on Monday, December 8, 2008

Good Morning Mr. Smith -

We have received your complaint and will follow up. We will keep you posted on our findings.

Kim Rodriguez, AICP
Planning Director
County of Ventura
805.654.2481
kim.rodriguez@ventura.org

Complaint (#3) on Gravel Trucks Violating the C.U.P. on Monday, December 8, 2008

Subject: Another Complaint (#3) on Gravel Trucks Violating the C.U.P. on Monday, December 8, 2008

Monday, December 8, 2008

Dear Kim Rodriguez & Chris Stephens,

On Monday, December 8, 2008 I spotted two more Swader double hopper gravel trucks apparently violating the C.U.P. by traveling south bound through the Ojai restricted zone at 3:33 pm and at 3:38 pm, which would again put them right in front of Nordhoff High School as students are leaving for the day.

Your department's attention to this urgent matter is greatly appreciated.

Sincerely,
Howard Smith
smythe@ojai.net

Complaint (#2) on Gravel Trucks Violating the C.U.P. on Wednesday, December 3, 2008
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From: Smith, Howard
Sent: Wednesday, December 03, 2008 8:37 AM
Subject: More Gravel Truck C.U.P. Violations on December 3, 2008
Importance: High

Dear Kim Rodriguez & Chris Stephens,

Thank you for your response to our earlier complaint. We appreciate your quick action.

Please add this to our prior complaint about C.U.P. Violations in conjunction with gravel tucking and the Ozena mine operation.

Today, December 3, 2008, a double hopper truck went north up Maricopa Highway (Route 33) past the high school and hospital towards Ozena at 4:40 am, well before the 6:00 am to 7:00 am allowable access through the Ojai Valley.

At 7:10 am another double hopper, this one from Swader trucking (apparently one of the most regular possible violators) also went past the high school heading north as students were arriving.

At 7:18 am, a third double hopper - possible another one from Swader - also headed north.

About ten minutes later, at 7:30 am, a fourth truck was spotted doing the same. The last two trucks were the same color as the Swader trucks but their logos were hard to identify at the speed they were traveling.

It is almost one year since you informed the operators of the Ozena Valley Ranch and Gravel Mine in writing that they must comply with the hours of the existing C.U.P.

When I met with Matt Carroll in July of 2008, I noted that violations of the time schedule were still occurring on essentially a daily basis. Many of us have not only witnessed these violations but have filmed some as well.

These apparent ongoing violations were confirmed recently by the spouse of a former Planning Department employee who during a four day stay at the Ojai Valley Community Hospital, was repeatedly awoken as early as 4:00 am each day by gravel trucks accelerating as they headed north out of the traffic light at the"Y" and past the hospital and/or when coming south, braking at the same intersection.

Last month the lawyers for "Stop the Trucks" had reported to Ventura County Counsel that as of August 4, 2008 the Virgilio Family had apparently been leasing their mining operation to Alliance, a gravel and trucking firm from up north. In our last public records request there was no indication that Alliance had agreed in writing as required by the C.U.P. to obey all conditions of the permit.

Wouldn't it make sense given all that has transpired to require Ozena and Alliance to turn over all of their weigh tickets for the last 12 months to confirm compliance? And if not for the last 12 months, certainly as of August 4th? Doesn't this makes far more sense than doing it piecemeal?

Wouldn't you agree that given what we all suspect to be the actual truth, a review of those records could be the beginning of the end of this entire conflict? And that is something I am sure we could all happily agree upon.

(Please respond to my home email: smythe@ojai.net )
Happy Holidays,

Howard J. Smith

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Complaint (#1) on Gravel Trucks Violating the C.U.P. on Friday, November 21st & Monday November 24th, 2008

November 24, 2008

To the Ventura County Planning Division and Resource Management Agency,

Please consider this email my formal complaint against the permit holder for the Ozena Valley Ranch and Gravel Mine for violating the C.U.P. restrictions on hours of trucking through the Ojai Valley.

On Friday morning, November 21st, I personally witnessed two double hopper gravel trucks heading north on Route 33 go through the "Y" intersection between 7:30am and 8:00am in direct violation of the C.U.P. limits on hours of travel through the valley.

At 7:15 am today, November 24th, I personally witnessed one double hopper gravel truck from Swader Trucking heading up Route 33 and past Nordhoff High School in direct violation of the C.U.P. limits on hours of travel through the valley.

This afternoon I personally witnessed four different double hopper gravel trucks coming down Route 33 apparently from the Ozena Valley Ranch and Gravel Mine. The trucks all passed through the Ojai valley between 3:00pm and 3:30 pm, also in violation of the C.U.P.

We expect a full and complete investigation of this complaint.

Thank you,

Howard Smith, Vice Chair
Stop the Trucks

Formal Ozena trucking complaint of February 8, 2008

Ojai, CA. 93023

February 13, 2008

Carole Aragon
Patrick Richard, Acting Director
County of Ventura
Planning Division
800 South Victoria Ave.
Ventura, CA 93009

Dear Carole and Patrick:

I am sending you this formal complaint in response to seven trucks that I witnessed on February 8, 2008 violating Ozena Sand and Gravel Mine's hauling time restrictions.
At 8:40 A.M. two Southbound Swader trucks hauling 3/8" gravel passed in front of my house. That would put those trucks in the Ojai City limits during the restricted time. Also, I witnessed five Northbound, empty, Valley Bulk trucks in front of my house starting at 8:45 A.M. This would place the trucks passing through the Ojai Valley during the restricted times. The first Valley Bulk truck returned Southbound loaded with washed concrete sand at 11:03 A.M.and the second truck at 11:06 A.M.
The roads had been closed due to the recent snows. As soon as they were open, the trucks went right back to their old habits.

Sincerely, Bob Walker.