Stop the Trucks: Rejecting County Planning's Illogic

(photo from Daly Road Graphics, Ray Smith)
The Ojai Stop the Trucks Coalition categorically rejects the Planing Division's dismissal of the Bob Walker, February 2008 complaint which Mr. Walker submitted in conjunction with the Coalition and is hereby officially re-submitting the original complaint, at the bottom of this posting.
1. In the second paragraph of Planning's February 17, 2009, letter to Mr. Walker, the Planning Division seemingly dismisses the validity of his complaint because his residence is outside the Ojai restricted zone. Planning staff wrote, "Therefore, it cannot be determined from the information in your complaint that the trucks you observed did in fact travel through the ORR and, if so, at what time they did so." Their analysis not only disregards the obvious fact that a truck traveling past Mr. Walker's house between the Ozena Valley and Oxnard MUST pass through the ORR because there are NO other usable roads between those points, their time analysis completely contradicts the "Sample Travel Times for the Ozena C.U.P." that Planning itself created on January 6, 2009.
Furthermore, their statement also confirms the very point Stop the Trucks has been making for two years: The Planning Division does not have any ability to monitor compliance with this C.U.P. and therefore it should never have been granted or even considered for renewal.
2. If any one had bothered to look closely at the sequence of Weigh Tickets provided by Ozena for that day, the very first thing an analyst would notice is that the tickets are stamped out of order and several are filled in by hand. THESE ARE BOTH SERIOUS VIOLATIONS IN AND OF THEMSELVES.
13157 8:58 am
13158 9:13 am
13159 9:56 am
13160 9:57 am
13161 9:56 am
13162 9:57 am
13163 9:56 am
13164 10:46 am (handwritten)
13165 10:50 am (handwritten)
13166 11:22 am
13167 11:22 am
Although these errors are considered violations in an of themselves, there are often indicative of a much greater violations: Other than the fact it is physically impossible to load and weigh five 80,000 pound trucks in two minutes, it may well be tickets 13159 through 13163 were all held and stamped independent of the actually weighing and loading time, rendering them unacceptable evidence. We have raised this question before in 2007 and 2008 and no one in Planning ever came up with an acceptable rational for this behavior.
3. Handwritten tickets are also completely unacceptable because weights and hours can be completely manipulated at will. Because the information on these tickets appears to be fungable, we also consider it highly questionable that the Planning Division is going back to Ozena and/or Alliance and/or West Coast Environmental & Engineering for evidence of compliace. Given that the mine operator and their agent, West Coast Environmental & Engineering (aka John Hecht) have much at stake in possibly concealing any suspected violations, we would insist that the only acceptable copies weigh tickets are those that come directly from the state office of Weights and Measures
Again their examination only reinforces our point: County Planning has no ability to monitor this C.U.P.
4. The existing C.U.P. for Ozena indicates that all vehicles must follow Caltrans and the State of California Advisory Guidelines in regards truck length (King Pin To Rear Axle) on rural highways. The 2001 C.U.P. for Ozena incorrectly suggests that this length for Route 33 is 38 feet. In fact, as can be seen from the attached photo, the posted length at the start of Maricopa Highway is actually only 30 feet.

(Illumination News Service)
According to Brent Beall, manufacturer of the bottom dump trailers that Valley Bulk and other companies use, the measurement from the King Pin of the semi to center of the rear axle of the pull trailer is 535". This translates into 44.4 feet.
If this is correct, then it would appear that the trailers used by Valley Bulk and other gravel haulers for all of these years on the Ozena runs over the mountains through Ojai would be in violation not only of the 30 foot advisory posted by Caltrans but also of the 38 foot length incorrectly listed in the 2001 C.U.P. for Ozena. 535 inches translates into 44.4 feet.
In other words, potentially every single double hopper in use for deliveries from the Ozena mine has been in possible violation of the state highway standards for safety by almost 50%! This would potentially include each and every Valley Bulk truck in Bob Walker's February 2008 complaint.
According to the C.U.P., Ozena must insure that all vehicles they load are safe for the roads they will use. In categorically rejecting their response, the Stop the Trucks Coalition also formally requests that the Planning Division immediate take the necessary steps to suspend the Ozena C.U.P. because of a total lack of ability of the county to monitor this operation and because of numerous possible violations of the existing C.U.P.
It is little wonder that accidents such as these pictured below have occurred with such alarming frequency:

(Photo, Scott Wintermute, OVN)
(Photo, anonymous gift)
(Photo, anonymous gift)
(Photo, anonymous gift)

(Photo, anonymous gift)
(Photo, anonymous gift)
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.



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