Governor Jerry Brown, RE: Statute of Limitations and Prejudicial Error in regards to evidence withheld from discovery by the County of San Luis Obispo Molly Thurmond, Esq. (SBN 104973)Exhibit #579 (Appendix 15) Prejudicial Error or Not? Photo/Statement Documents withheld by County Of San Luis Obispo And Railroad at trial as allowed by Judge Tangeman, as Judge Tangeman Stated "All Right" County of San Luis Obispo Causation in permits and drainage requirements on private property. OCSD and Caltrans correcting 2002 drainage complaint problems in 2002/2003 as stated in exhibit #579 Complaint, Caltrans-McKinley Testomony P. 645 and (RA exhibit #1768) changing the Statute of Limitations! Date of Stabilization!
These are the Documents letters of whiteness, that where withheld from Discovery by The County Of San Luis Obispo and finally given to us in full on December 2, 2008 five months after our first trial with many depositions and whiteness testimony now being worthless This is how Union Pacific Railroad admitted part of exhibit # 579 and how Judge Tangeman allowed evidence to be withheld from discovery as seen in their statements at trial! The railroad states “And for the purpose of the exhibits we don’t need the photographs.” Judge Tangeman-- States: “All Right” Bill Tatum 1539 Fountain Ave. ---2001 flooding of Larry A Baughman--Owner of Chuck Bachman--1519 and Marquis Miller 548 Honolulu "Heavy Rains overflow lagoon" Less Brown-- Jesser Esser--608 Air park Dr. "Storm Water Drainage Ditch next to John W. Carter 1778 Aloha Place Mary Fernald 590 Honolulu St. Problems in last five years David and Penny Villalba 567-571 Raoul Cristin Jan Dilo, Department of R. George Rosenberg, Deputy Director of General Services County Of San Luis Obispo Cynthia M. Joselson/Dennis A.Huebner---Photos Franklin C. Owen --Flooding in the In County of San Luis Obispo Files with drainage Studies and Color photos September 7, 1990 October 1, 1990 October 17, 1990 Letter from John L. Wallace to OCSD Drainage in Oceano, January 15, 1991 March 15, 1991 May 3, 1991 OCSD letter to SLO County Analysis of OCSD Storm Drainage Problem regarding future County Building Permits September 23, 1991 letter to Ruth Bracket Sidewalks September 25, 1991 letter from Ruth Brackett not talking about Paso Robles and 13th streets November 18, 1991Oceano Halcyon Advisory Committee minutes Drainage in Oceano not Paso Robles and 13th streets ally ways sidewalks February 10, 1992 Draft letter Sidewalks February 12, 1992 OCSD Meeting minutes Regarding Cienaga flooding County Responsibility Drainage Director Baughman. March 11, 1992 OCSD letter regarding Flooding of Oceano Slough below State highway 1 February 10, 1993 OCSD Minutes 11 C. Video of flooding problem on highway 1 June 8, 1993 OCSD memorandum Meeting on Arroyo Grande outfall February 23, 1994 OCSD meeting minutes Concerns West of State highway 1 February 25, 1994 San Luis Obispo County Sanitation District letter to Tony Boyd County Engineering Dept. July 26, 1995 OCSD Meeting minutes Cienaga flooding problem Concern with railroad subdividing their property. A problem at Paso January 10, 1997 OCSD Letter to planning Commission County of San Luis Obispo October 8, 1997 OCSD meeting Minutes Drainage Problems Bill Bookout Specifically on Airpark and May 13, 1998 OCSD meeting Minutes "Front and Cienaga Drainage problem October 14, 1999 San Luis Obispo County letter and documents of concern to Union Pacific Railroad regarding Cienaga Drainage not Paso Robles St. January 25, 1999 letter from OCSD to Khatchik h. Achadjian-issues-Flooding and Drainage channel behind January 29, 1999 February 5, 1999 OCSD letter to County regarding highway 1 Drainage issues not Paso Robles street. November 10, 1999 Louis e. Wheeler letter to K.H. Achadjian Whiteness Direct knowledge of State Highway 1 Drainage Jay Jamison showing no flooding in 2002 with his knowledge of Highway 1. Mark Hutctenreuther, knowledge of highway 1 Loni Silkwood, 1611 Paso Robles St Knowledge of highway 1--. Jak Harris, knowledge of highway 1 Stanly Manel, knowledge of highway 1 Wilford P. Deschenes, knowledge of highway 1 R. Bliver, knowledge of highway 1 Jerry Bunin, 2280 Paso Robles St. Knowledge of highway 1-- Luis Wheeler, knowledge of highway 1 with photos taken of highway 1 and withheld from discovery including drainage in front of Oceano Market and Oceano Nursery. Larry A Baughman--Owner of "We Own a home at Daniel Dena Neill-- Josue Astrero,Larry A Baughman--Knowledge of Pat Clegg, Knowledge of Sharon Collester, Knowledge of Alan & Liane Barta, Knowledge of Wando Cebulla, Knowledge of Fred Cheda, 2231 Paso Katherine B. Escobar 1627 Front Street, Knowledge of Ben Harvey knowledge of Cal Trans changes to State Highway 1 Marylice Mankins Eric Johnson Ally way knowledge Herb West Knowledge of Mark and Kristine Munro County Blaime wasting money on Study Yvonne Putman 2591 Paso Robles-- Robert W. Raymond, Knowledge of State Highway 1--poor county planning--County Eng. Photos Charles E Royal 1561 16th between Warner and Wilmar Errosion problems Chris & Linda Schroder 'The End of 13th st. at Cienaga James &Throck Scudder --"Warner & 15th-water travels down 15th and Warner" Dean Sorensean 561 Security Court 'Several inches to 1 foot depending on amount and length of rain Ailo Stananage 547 Dan Striciculerda Fred Van Slyke flooding at cienaga 7 front every time it rains i) Maintenance activities in the drainage Chanel. (Respondent’s Appendix “RA” Exhibit 1768; Reporters Transcript “RT” Vol. 2 Pg 382-400; RT Vol 6 Pg 1506-1507; Exhibit 1446-1447). ii) Modification of Well #8 discharge pipe by OCSD. (RA Exhibit 1768) iii) Operation of Well # 8 (RT Vol 2 Pg. 383) iv) Weed abatement in the drainage Chanel by OCSD. (RA Exhibit 1768; RT Vol 6 Pg 1545) But Bookout fails to point to anywhere in the record that the trial court applied the reasonableness test instead of strict liability. In any event, the court's ruling was based on the statute of limitations and failure to prove causation. The results are the same under the reasonableness test or strict liability. The defendants prevail." Governor Jerry Brown: The County of San Luis Obispo Attorney (Clayton U. Hall) actions before trial in regards to evidence, withhold from discovery and the deal the County of San Luis Obispo tried to make in these pdf files!County of San Luis Obispo--Trying to Make A Deal in regards to the Evidence that they Withheld From Discovery involving their County Insurance. Plus their Documents presented to Judge Tangeman that Flooding Could Be Abated---pdf Exhibit # 1756 Are three letters written by the Oceano Community Service District April 21, 1983 to San Luis Obispo County John Wallace. Pismo Oceano Vegetable Exchange, Dennis Donovan. Southern Pacific Land Company, John Sherman, explaining the OCSD Construction process of their well # 8 and their intended use of the storm water drainage channel.
Caltrans January 4, 2007 Soveling Debris into the Oceano Communities Storm Water Drainage System Governor Jerry Brown, this is the California Department of Transportation shoveling debris into a California Storm Water Drainage system and then a Caltrans Supervisor doing the same action as he testified at trial in front of San Luis Obispo Superior Court Judge Martin J. Tangeman!
Second Appellate Court Justices--Steven Z. Perren, Kenneth R. Yegan ...
Governor Jerry Brown, The Second Appellate Court Justices--Steven Z. Perren, Kenneth R. Yegan and Arthur Gilbert do not believe as seen in the videos above, that the County, and Caltrans storm water from State Highway 1 --13th and Paso Robles Streets inside the Oceano Nursery property is the use of a "Public Enity Physically entered Bookout's land or maintained possession and control over any portion of it." They Believe--"The Trial Court correctly concluded the three-year statute applies." The Second Appellate Court States this even after seeing photos and videos and hearing Caltrans testomony of their shoveling and grading Caltrans storm water debris into the Oceano Community's storm water drainage channel!
Governor Jerry Brown is it now legal in California for Caltrans to shovel and grade their debris into California storm water drainage systems as seen in these videos and photos?
The Second Appellate Court Justices--Steven Z. Perren, Arthur Gilbert and Kenneth R. Yegan do not mention--
Testimony of Caltrans in front of Judge Martin J. Tangeman- P. 1506 of the Court Transcript of Caltrans Supervisor Fred Brebes before their actions above! Mr. Brebes States: "Question: And did -- And did during this period of time, do you recall your maintenance crews working within the channel that leads from Highway 1 off of 13th Street? Answer: Yes." P. 1508 By Mr. Belsher: So did your crews engage in this practice of using a loader to clean the channel that's depicted in that photograph, on more then one occasion? Answer: Yeah -- Yes, I Would say Yes
California Supreme Court--Inverse Condemnation
The Second Appellate Court Justices--Steven Z. Perren, Arthur Gilbert and Kenneth R. Yegan are fully aware of Judge Martin J. Tangemans statements in his August 5, 2008 inverse condemnation decision on P. 7 per photo exhibits # 1278-1337 and 1338 of this OCSD pipe directly inside the Railroad Culvert! They now allow Government to block and dam storm water drainages systems as seen in these photos! Photo Evidence/Exhibits presented to Judge Martin J. Tangeman 1278-1337-1338 pdf...
The Second Appellate Court Justices--Steven Z. Perren, Arthur Gilbert and Kenneth R. Yegan have seen the Caltrans photo evidence from this 1953 Caltrans photo before the County and Caltrans changed the drainage at Highway 1 13th and Paso Robles streets!Caltrans 1953 Aerial Photo Knowlodge of County/Caltrans drainage changes to our Pacific Ocean! pdf...
This photo above shows the Railroads property before the County and Cal Trans changed the Community's Storm Water Drainage Channel. This photo was provided by Cal Trans from a 1973 Drainage study going to the Ocean
It is unfortunate that San Luis Obispo Superior Court Judge Martin J. Tangeman would not allow in as evidence Exhibit 1789. This evidence tied in with the photos below, that went with exhibit # 579 that Superior Court Judge Martin J. Tangeman chose also to not allow in as evidence showing that the flooding of our State Highway could be abated for only $43,295.00 as seen in exhibit # 1790. Caltrans actions as seen in these photos raising State Highway 1 a foot has put every California resident in danger with this new California Case Law decision July 28, 2010!
The Second Appellate Court in their July 28, 2010 published case law decision fail to talk about As briefed and used by Superior Court Judge Martin J. Tangeman. The Appellate Court States:
Bookout v. State Of California K... Bookout v. State of California Supreme Court Appeal...
Governor Jerry Brown, Caltrans prior to 2004 maintained the storm water drainage channel as seen in these photos above withheld from discovery by the County of San Luis Obispo until after trial! Please read what Caltrans states in exhibit # 1789 that Judge Martin J. Tangeman would not allow into evidence!
Exhibit # 1789 States September 15, 1987: “It was believed that our proposed plan of installing a 36-inch pipe to replace an existing 24- inch pipe would be acceptable to the property owners if it could be shown that the project would only affect the downstream owners minimally.”
“And that even though there had been some light rainfall years there is a good possibility of heavy flooding in this area in the future of both the Highway areas and the County areas.”
“The State could raise the height of Highway one approximately one foot and leave both the County and the Oceano Community Services District the problem to solve on their own (P. Hom)” Cal_Trans_Documents.pdf
Appellate Court Hearing May 6, 2010 herd in front of
Justice--Steven Z. Perren---Kenneth R. Yegan---Arthar Gilbert---Paul Coffee
RE: Statute of Limitations and Prejudicial Error in regards to evidence withheld from discovery by the County of San Luis Obispo Molly Thurmond, Esq. (SBN 104973)Exhibit #579 (Appendix 15) Prejudicial Error or Not? Photo/Statement Documents withheld by County Of San Luis Obispo And Railroad at trial as allowed by Judge Tangeman, as Judge Tangeman Stated "All Right" County of San Luis Obispo Causation in permits and drainage requirements on private property. OCSD and Caltrans correcting 2002 drainage complaint problems in 2002/2003 as stated in exhibit #579 Complaint, Caltrans-McKinley Testomony P. 645 and (RA exhibit #1768) changing the Statute of Limitations! Date of Stabilization!
County photo documents withheld from discovery by County and Rail Road Exhibit # 579 showing flooding problem on east side of State Highway 1 after Caltrans raised State Highway 1 as stated in document provided with County 2002 Drainage Study Questionnaire! These photos where provided December 2, 2008 and are not apart of (Appendix 15) showing no Stabilization!
Why would a California Superior Court Judge allow partial evidence, exhibit # 579 to be withheld from discovery as stated in the Court Transcripts by Union Pacific Railroad and Judge Tangeman? “And for the purpose of the exhibits we don’t need the photographs.” The Court States: “All Right” Judge Tangeman after his August 5, 2010 Inverse Condemnation Decision States on P. 2117-2018 without acknowledging the photographs, regardoing other documents withheld from discovery. "I accept Mr. Belsher's argument these questionnaires where not available at that time. They weren't available until July 30th." "no fruther information was forthcoming and now the questionnaires are here I guarantee they are voluminous, I haven't even read through all of them."
Photo that RailRoad and County of San Luis Obispo-did provide with exhibit # 579 to Judge Tangeman and Court; stating drainage concern---"Pipeline in rail road culvert obstructing flow (Culvert Abuse) 13th Street & Highway 1 Mr. Bill Bookout" This drainage complaint was fixed by Caltrans and the Oceano Community Service District as stated in RA exhibit # 1768! (Appendix 15) shows other complaints.
The Second Appellate Court Justice--Steven Z. Perren---Kenneth R. Yegan---Arthar Gilbert---Paul Coffee would not talk about these photos that went with exhibit # 579 that Superior Court Judge Martin J. Tangeman did not feel were needed as evidence as he and Union Pacific Railroad stated "“And for the purpose of the exhibits we don’t need the photographs.” The Court States: “All Right” In regards to these photos the County of San Luis Obispo asks on their Community Drainage and Flood Control Study Questionnaire---"Are there Any other comments regarding drainage and flooding that you would like to make?" It was weitten "Yes" showing these photos that Judge Martin J. Tangeman told the Railroad they did not have to include with exhibit # 579. This prejudicial error shows Causation and no Date of Stabilization!
County Discovery Abuse per the Baughman Property from State Highway 1 to the Pacific Ocean PDF File...
"Water At The Corner Of 13th/Paso Robles/And Highway 1 Runs (Drains) Under The Railroad Tracks Across
Caltrans photos of drainage problems that Caltrans had created on East Side of State Highway 1. Taken after Oceano Community Drainage Study Questionnaire exhibit # 579 withheld from discovery. Why would Caltrans Raise State Highway 1 and not account for drainage or ponding?
Statute of Limitations with the Oceano Community Service District; drainage changes in December 2002 (RA Exhibit 1768)and prior as seen in photo exhibits below, with the Oceano Community Service Districts use of this drainage system for discharging 2500 gallons of Well water per minute into this undersized culvert blowing in and cementing debris and silt into this culvert year-around!
Flooding Photo in 2002 complained about to Caltrans and the Oceano Community Service District. fixed December 20, 2002---Caltrans and OCSD corrected this drainage problem as seen in APPELLANT’S REPLY BRIEF Exhibit # 1768 as stated by OCSD "I had to meet with Bill Bookout and a couple of guys from cal trans about the 6 inch line from well 8 that ends at the culvert by the railroad tracks. I had Dan saw off the 6 inch pipe and end it in front of the culvert so that there will be no danger of the pipe plugging debris at the entrance to the culvert." The Next OCSD log of this drainage system is February 9, 2004 before the first flooding of Oceano Nursery. OCSD States: "Then Joe had him cleaning out the drainage ditch by the railroad track down at 13th and Front Street" 
Governor Jerry Brown, The San Luis Obispo Superior Court has Stated in their August 5, 2008 Decision regarding Inverse Condemnation: "Mr. Fry testified that any work undertaken by Cal Trans employees in the channel to help clear the channel were most likely undertaken solely as a "good neighbor" practice by a "conscientious employee” Why is Caltrans allowed to Grade Contaminated Debris Into this Storm Water Drainage Channel?
Judge Tangeman Exhibits presented to him during trial showing inverse condemnation Caltrans endangering public Safety!.PDF..
The Caltrans Supervisor mentioned by the Court explained Caltrans grading of debris into Storm Water Drainage channels as seen in Caltrans Testimony at trial on page 916-917 of the San Luis Obispo Court Reporters Transcripts.
Question. Mr. Fry, Exhibit # 1475 on the screen there is the same as Exhibit 11 in your deposition transcript. Can you describe for me the materials that you see here on Highway 1?
Answer. “I see Dirt, Water, Eucalyptus Leaves and Seed Pods from the Eucalyptus.”
Question. Now in your practice as a Maintenance Supervisor and as a lead worker, has it consistently been your practice to somehow, I guess, blade this material to the side of the road?
Answer. “YES. When – When it gets in this condition, we come down with a plow truck and we plow it back off the road. Sometimes we plow it to the gutter and come back later and pick it up. Sometimes we plow it behind the curb and either roll it in with the truck or leave it behind, just leave it behind the curb where it came from.”
Caltrans November 26, 2008 after the August 5, 2008 decision regarding Inverse Condemnation continuing to shovel contaminated storm water debris into this Oceano Communities drainage channel!??
In this sworn testimony statements by Caltrans. Caltrans has admitted their improper use of this storm water drainage system for their accumulated debris storage coming off of State Highway 1! Why would this Superior Court State: "There was no evidence that any accumulated debris in State's right of way contributed to the problems in the operation of the drainage system. County, State, Union or OCSD could not have abated the nuisance by undertaking any maintenance"
This flooding is continuous and can be abated with proper Maintenance by Caltrans!
Caltrans Stated at Trial Regarding their maintenance of State Highway 1 Page 917-918
Question. “Based on your personal observations, has a substantial amount of material entered onto the Highway as depicted in 1475 following the removal of the concrete wall?” THE COURT: I’ll allow that Question.
Answer. “Yes, I believe that the dirt came from the bank.”
Question. “Due you have any problem at all with sediment buildup in the mouth of the channel?” Page. 919
Answer. Sediment? Not so much sediment as Eucalyptus bark. There is some sediment, Yes.
Question. “Fifteen Seventeen, that’s a picture of you, isn’t it, Mr. Fry.” Answer. “I believe it is. I can’t see my face.”
Question. “Do you recognize that as the entrance to the drainage channel?”
Answer. “YES”
Governor Jerry Brown, Are Caltrans actions of Shoveling and Grading Contaminated Storm Water Debris into this drainage channel since 2002 a cause of the sedimentation found in the Railroads drainage inlet pipe? viii) Constant shoveling and grading of debris into drainage Chanel by Caltrans. (RT Vol 4 Pgs 916-917, 920; Exhibits 1466-1467, 1513-1519)
Is the Use of the Drainage channel to discharge OCSD Well # 8 Drinking water and sedimetation in this drainage system a cause of the sedimetation found in the Railroads drainage inlet pipe? Is this Inverse Condemnation? When do Statute of Limitations Apply with the constant daily drainage changes?
Are the County of San Luis Obispo Permits and drainage requirements issued to Pismo Oceano Vegetable Exchange consistent with California Case Law as permitted by San Luis Obispo County? Exhibits # 1874 and 1875 as stated by County "Extend the pavement berm around the primary pond to keep out run off water from the parking lot" Causation by County in permits
At the Appellate Court hearing the Appellate Court Judges where presented with additional documents withheld from discovery by the County of San Luis Obispo (Appendix 15) of how the drainage worked in 2002 before drainage changes to the State Highway 13th and Paso Robles Streets and the drainage inlet by Caltrans and OCSD. (Appendix 15) shows Ex-OCSD Director Larry Baughman's problems that have since been corrected with the constant flooding of State Highway 1, Oceano Nursery 13th and Paso Robles Streets. "We Own a home at
Statute of Limitations--Date of Stabilization------P 653 Cross-Examination by Caltrans
The County of San Luis Obipo in their Appellate Court brief mention "McKinley" on P. 19 but does not mention Mr. McKinley's statement below showing Caltrans changing the drainage stabilization of HWY 1. 13th, and Paso Robles Streets--per exhibit 579 photos documents withheld at trial by Union Pacific Rail Road and the County of San Luis Obispo!
Caltrans States (P. 643)Answer: Yeah, I responded to a communication that our maintenance engineer received from Bill Bookout, that there was ponding, A ponding issue at the corners of 13th and Highway 1 and Paso Robles and Highway 1. And so it was in response to that communication." Question: Do you know approximately which side of the State highway this ponding occurred? Answer: "It was on the East Side". "
Page 645 “We reconstructed the pavement, so we put base and we put asphalt down.” “I believe we put down half a foot of A.C., I believe. Question:
(P 653 Cross-Examination by Caltrans-Exhibit photos 579) "And when you--It was your understanding that the reason this job -- You were asked to design this job was because the Plaintiff had complained about ponding on the East Side near his property, of State Route 1? Answer: Correct." Mr. Belsher "Objection; Leading" The Court OVERRULED. Question: (P.658) "Mr. McKinley, in that grinding crown removal project in 2003, do you recollect removing any portions of 13th Street or Paso Robles Street?" Answer: That was - Yeah, we went up to do our conforms, yes." Question: Do you knowabout how far up those streets you went, if you can recollect?" Answer: "From the plans, I want - it seem to be around 70 --70 feet, I believe, Seventy feet." Page 659 "We did adjust crowns on adjust crowns on 13th and Paso."
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The Second Appellate Court in their July 28, 2010 published case law decision fail to talk about Skoumbas v. City of Orinda (2008) 165 Cal.App.4th 783. As briefed and used by Superior Court Judge Martin J. Tangeman. The Appellate Court States: "Bookout contends the trial court improperly applied a reasonableness test to determine liability. He points out that except for damage caused by public flood control projects, the test in inverse condemnation actions is strict liability. (Citing Arreola v. County of Monterey (2002) 99 Cal.App.4th 722, 753-754.)
The County of San Luis Obispo September 20, 2010 in their "Answer To Petition For Review" by Thomas L. Riordon, SBN 104827 on Page 13 ignores evidence presented to Judge Tangeman showing that the County Required POVE to raise the outlet of the retention pond used by Caltrans, County and OCSD! The County on P. 12 ignores photo evidence showing the POVE/Railroad pond in 1958 and 1967 instead of the County's statement to the California Supreme Court Justices. "The trial court heard and weighed all testomony and concluded that the sole legal cause of the flooding was the poorly designed junction box and drainage pond built on Exchange property during the 1970's. (AA 13:345-346)" How is it that the trial court did not have to pay attention to the Evidence!
Being a whistle blower in San Luis Obispo County has a price! San Luis Obispo County Department of Public Works... County of San Luis Obispo Answer to Petition for Review Supreme Court Case No. S185267 by Thomas L. Riordan, SBN 104827. The County ignores the fact that San Luis Obispo County issued the POVE building permits and required POVE to raise this drainage pond that the County uses for their storm water retention in the mid 80's! This retention pond has been in use since the 1950's per Caltrans Photos! Not 1977 when the County issued new building permits! The County acknowledges the OCSD County permitted discharge into this drainage system as seen in Judge Martin J. Tangeman exhibits noted #1278-1337-1338 showing POVE not at fault for the flooding of State Highway 1! County of San Luis Obispo Answer to Petition for Review pdf...
Exhibits Recieved by Judge Martin J. Tangeman showing no Date of Stabilization and that Pismo Oceano Vegetable Exchange is not responsible for the flooding of State Highway 1! OCSD 1983 Letters-1985 Construction--Caltrans $5,000.00 Signed Government Agreement--Caltrans $42,295.00 fix! Department of Transpertation reneging on Signed 1985 Contracts-Abel Maldonado-Katcho Achadjian--Sam Blakeslee and Governor Arnold Schwarzeneggers Letters...
Exhibit # 1730 April 29, 1983 Letter response from Southern Pacific Railroad to the Oceano Community Service District informing OCSD that the intended use of the storm water drainage channel is for “storm water runoff”
Exhibit # 1773 January 10, 1985 Department of Transportation Memorandum Document showing drainage concerns of Caltrans going back to 1974. A $5,00.00 Contributions from the Oceano Community Service District for their new Fire Station Construction drainage!
Exhibit # 1757 March 13, 1985 The Oceano Community Service District signed contract agreement with Caltrans allowing for the OCSD new Construction/Fire Station drainage to enter State Highway 1 and go into the Caltrans drainage inlet leading into Railroad culvert! March 14, 1985 Oceano Community Service District minute order regarding Caltrans agreement with OCSD # 05A239 signed by Gina Davis Deputy Secretary to the Board. March 13, 1985 OCSD meeting minutes with John Wallace showing the $5,000.0 OCSD contribution to Caltrans drainage of State Highway 1 per signed Caltrans OCSD agreement!
Exhibit # 1875 March 27, 1985 County of San Luis Obispo letter requiring requiring Pismo Oceano Vegetable Exchange to raise the Outlet of the storm water retention pond on Southern Pacific Railroad property. May 22, 1985
Exhibit # 1774 April 4, 1985 Department of Transportation (Caltrans) Fully Executed Copy of Cooperative Agreement between the State and the Oceano Community Service District, addressed to then General Manager Richard C. Hill.
Exhibit # 1758 September 11, 1985 Are OCSD meeting minutes showing drainage changes to the Oceano Communities storm water drainage system with the discharge of Well # 8 water onto County of San Luis Obispo property. OCSD mentions prior recommendations from Montgomery Engineers’ before John Wallace became the OCSD District Engineer after leaving the
Exhibit # 1759 February 27, 1986 Letter by John L. Wallace Consulting Civil Engineers to the County of San Luis Obispo Glenn Priddy for drainage coming off of State Highway 1 onto County of San Luis Obispo Airport “Pacific Place” property going into the Oceano Lagoon and then into the Pacific Ocean. “Culvert that crosses the Railroad tracks on front Street near the railroad station” OCSD new at this time that State Highway 1 Drainage was for storm drainage, rather then their Well # 8 water.
Exhibit # 1790 September 25, 1987 Letter By Gary Simms, from the Department of Transportation to the County of San Luis Obispo Glenn Priddy, showing that the OCSD and State drainage at this time could be fixed for only $43,295.00. The
Exhibit # 1791 October 15, 1987 from OCSD to the Department of Transportation per their 1985 $5,000.00 signed agreement with Caltrans taking liability for storm water drainage!
Exhibit # 1792 November 18, 1987 District Agreement No. 05A239 A/1 from the Department of Transportation. November 3, 1987 hand written document attached
Exhibit # 1793 May 18, 1988 letter to the Department of Transportation from OCSD, Plans for Subject drainage project from 1985 agreement between Caltrans and OCSD.
Exhibit # 1794 November 30, 1988 is Fred Brebs of the Department of Transportation maintenance log for cleaning cleaning
Exhibits # 1768 Starting in November 30, 2001 are the OCSD Phil Davis daily logs starting with the OCSD broken Well # 8 Pipe on County and Railroad property in 2001. December 20, 2002 Log, problem as seen in exhibit # 579 withheld from discovery by the
Exhibit # 1789 September 15, 1987 Judge Martin J. Tangeman would not allow into evidence. This document shows a conflict between the County of San Luis Obispo, Caltrans and the Oceano Community Service District after the April 4, 1985 Department of Transportation signed agreement taking the OCSD storm water.
Exhibit # 579 that the
Exhibit # 9 filed July 24, 2008 after trial showing complaint in exhibit # 579 withheld from Discovery by the
Associate Justice Carlos R. Moreno video viewed by Judge Martin J. Tangeman 1
The County of San Luis Obispo acknowledges "No Date Of Stabilization" the construction permitted in the drainage channel by the County, allowing the OCSD Well # 8 discharge Pipe installed into this drainage culvert! (Per Davis Testimony!) The County States: "Davis's daily log for that year makes referance to a meeting with Bookout on December 20, 2002. (RT Vol. 2:402) Bookout took a picture of the pipe going into the drainage channel in the aftermath of a rain event in 2002." The County States: "The picture included a District employee. (RT Vol. 2:403) This photo shows No Date of Stabilization and that OCSD and Caltrans had not properly corrected the complaint in Exhibit # 579! Thus showing that the partial use of Exhibit # 579 was a predjudicial Error in now California Case Law "Bookout v. State of California!"
How does Exhibits # 1278, 1337 and 1338 talked about by Judge Teresa Estrada-Mullaney and Judge Martin J.Tangeman make this flooding of State Highway 1 the fault of POVE 100%? How is this flooding of our California State Highway Stable and Static since the late 1970's? Both Judge Tangeman and Judge Mullaney acknowledge this OCSD Well # 8 debris pipe constructed inside this storm water drainage channel showing no "Date Of Stabilization" per exhibits #1768, 579 and 1756! Judge Teresa Estrada-Mullaney.pdf...
Thomas L. Riordon, SBN 104827 states on Page 8 in his "Answer To Petition For Review" "The five year statute of limitations for inverse condemnation applies only where a government enity has effected a "total taking" of all or some portion of the subject property through physical entry or exercise of domain or control." Exhibits # 579, 1768, 1278, 1337 and 1338 shows the OCSD exercise of domain and control alond with Caltrans caught shoveling and grading debris into this storm water drainage channel! Caltrans Caught by RWQCB-Pete Riegelhuth pdf..
