California Governor Jerry Brown, It is time to end the flooding in Oceano from State Highway 1 to the Pacific Ocean!  Please review Caltrans and the County Of San Luis Obispo actions in regards to this drainage dating back to the 1950's!  These pdf files show the Oceano residents deals made and broken by Caltrans that have now flooded the west side of Oceano!
Department of Transpertation reneging on Signed 1985 Contracts-Abel Maldonado-Katcho Achadjian--Sam Blakeslee and Governor Arnold Schwarzeneggers Letters...    

Governor Jerry Brown,Please review what Caltrans and the County of San Luis Obispo says in this January 10, 2005 OCSD flood meeting.  The first half of this video, is Caltrans intentially shoveling and grading debris into the Oceano storm water drainages system!  Then, OCSD dredging debris into this Storm Water drainage System! 

8:26 Associate Justice Ming W. Chin and Associate Ju...

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 that Flooding Could Be Abated---pdf   

Governor Jerry Brown, Please read this New Times Article before this December 16, 2010 flooding of Fountain Ave.
A sponge for Oceano's flooding?

BY COLIN RIGLEY

DRYING OUT? After decades of flooding on Highway 1 in Oceano, SLO County officials believe they might bring various government agencies together to fix the problem. PHOTO BY STEVE E. MILLER

Could it be? Might someone finally take responsibility and fix the flooding on Highway 1 in Oceano?

Maybe.

Given the long history of annual flooding without action, “maybe” is about as strong a statement as anyone can hope for.

“It’s a little bit early to get excited,” said Oceano Community Services District General Manager Raffaele Montemurro, “but we’re very enthusiastic.”

Flooding in the area has long turned a small portion of Highway 1 into a pond that chokes off traffic during nearly every substantial rain. Given that the flood area encompasses land under control of about six government entities, no one has ever volunteered to take responsibility for the standing water. In fact, former Oceano Nursery owner Bill Bookout is prepared to take a lawsuit to the U.S. Supreme Court (he recently lost an appeal to the California Supreme Court) because he claims the flooding can be easily blamed on Caltrans crews clogging a drainage channel with debris.

Recently, however, San Luis Obispo County Public Works officials have come to believe they can get folks from Caltrans and the SLO County Council of Governments (SLOCOG) to help with funding, so long as the county takes the lead.

“At this point we’re just trying to work with the various agencies to see if there is some kind of funding and initiative to move forward,” Deputy Director of Public Works Dave Flynn said.

But such a move won’t come cheap. According to Flynn, the project is estimated to cost $2.2 million. At the moment, the idea is to drill a new drainage pipe under Union Pacific’s railroad tracks and divert water to open space areas near the Oceano Airport.

Flynn said Caltrans officials have indicated they might help with about a third of the funding if the county leads the project, and SLOCOG officials are leaning the same way, with a meeting scheduled in the next few weeks. Public Works officials plan to place the project on a list to receive money from the county’s Community Development Block Grant program, but that might only provide a few hundred thousand dollars, Flynn said.

“It’s a chronic issue that has been this thing of whose headache is it?” Flynn said."

Governor Jerry Brown, please review what the San Luis Obispo County withheld in discovery in Exhibit # 579 documents!   County Discovery Abuse per the Baughman Property from State Highway 1 PDF File...  These actions for San Luis Obispo County have now lead to the residents on the west side of Oceano flooding with Caltrans and OCSD drainage changes this year!  

 

Glenn Priddy of the County of San Luis Obispo testified at trial in Bookout v. State of California:   "Are you aware of proposals for resolving the drainage problem at -- That we've referred to previously? Are you aware of proposals to resolve that problem dating back into the eighties?" Answer. Yes. Question. And have you raised issues with the respect to proposed solutions due to downstream impacts?  Answer. “I have – There have been issues raised about potential downstream impacts since the eighties, and I –In the most recent discussions, I’ve pointed that out as something that needs to be looked at.” Ms Thurmond States: “Again, this is outside the water shed, not affecting Bill Bookout’Ex-OCSD Director Larry Baughman states in the documents that the County of San Luis Obispo withheld from discovery in exhibit # 579.  "We Own a home at 1519 Fountain Ave which is currently rented to Chuck Bachman. It floods every winter with up to a foot of water in the living room, causing Mr. Bachman to move to a Motel." "Water At The Corner Of 13th/Paso Robles/And Highway 1 Runs (Drains) Under The Railroad Tracks Across Railroad Ave And Collects In The Area Highlighted In Yellow On The Reverse. Something Has To Be Done To Get That Water To The Lagoon Or South To The Ag Creek At The East End Of Airport Runway. The End Of Fountain Ave Floods Every Winter. Larry Baughman"
The Oceano Airport and the Larry Baughman Property Flooding prior to 2004 as talked about in Exhibit # 579 documents withheld from Discovery/Trial by the County of San Luis Obispo!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!

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...    

Governor Jerry Brown please review what the documents in this pdf file, that the County of San Luis Obispo withheld from discovery and San Luis Obispo Superior Court Judge Martin J. Tangeman!  These documents shows how the waterfrom State Highway 1 floods the west side of Oceano Residents!  County Discovery Abuse per the Baughman Property from State Highway 1 PDF File...  

Governor Jerry Brown, these are exhibit that San Luis Obispo Superior Court Judge Martin J. Tangeman recieved into evidence affecting all of the Oceano Residents from State Highway 1 to the Pacific Ocean!  There has been no reason to flood State Highway 1, nor the West sid of Oceano, Caltrans took full responsibility in 1985 in signed contracts with OCSD for this drainage!

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.

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 County of San Luis Obispo Building Permits for POVE Construction after 1977 Construction.  Included is a OCSD letter to the County Of San Luis Obispo December 13, 1984 and a letter from the Counties Chief Building inspector John P. Little dated December 26, 1984.

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 County of San Luis Obispo.

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 County of San Luis Obispo portion of this would be $9,310.00 and the Railroad/POVE portion would be $15,070.00.  The Department of Transportation does not mention the Railroad or County  in their 1985 $5,000.00 agreements with the Oceano Community.

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 County of San Luis Obispo.  OCSD abated initial problem with OCSD pipe in culvert plugging debris at entrance to the culvert.  Next OCSD problem February 9, 2004 having OCSD employee clean out drainage ditch from debris in ditch.  May 19, 2004 OCSD Ditch Cleaning.  October 26, 2004 Major flood from debris inside Culvert, that OCSD fixed with sewer cleaner jet.  November 4, 2004 OCSD cleaned ditch.  December 6, 2004 OCSD pulled leaves and sticks out of the south end of the culvert.  December 9, 2004 OCSD finds RR culvert 1/3 plugged.  December 10, 2004 OCSD report for culvert cleaning by OCSD after meeting with County Road Department.  January 3, 2005  OCSD deals with flooded State Highway.  March 23, 2005 OCSD cleans culvert.  Tuesday December 18, 2007 OCSD meets with Attorney to talk about culvert before flooding later in the day.  Friday January 4, 2008 OCSD Well # 8 has another tree brake their blow-off line in the culvert.  Caltrans asks OCSD to pump the POVE pond.  January 7, 2008 OCSD repairs their Well # 8 blow off line discharging still into the Railroads culvert.

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 County of San Luis Obispo withheld from discovery showing a problems with drainage observed with Caltrans in 2001 raising State Highway 1.  One photo provided out of three showing a Union Pacific Railroad Train Wreck and a PVC pipe inside the storm water drainage culvert!

Exhibit # 9 filed July 24, 2008 after trial showing complaint in exhibit # 579 withheld from Discovery by the County of San Luis Obispo involving Gregg Albright of Caltrans and San Luis Obispo County Supervisor Katch Achadjian!

 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..  

 

Please review the following websites:
www.californiagovernorjerrybrown.com
www.lieutenantgovernorgavinnewsom.com
www.senatorsamblakeslee.com 
www.assemblymankatchoachadjian.com
www.governorarnoldschwarzenegger.net  
www.inversecondemnation.net          www.californiasupremecourt.info www.californiasupremecourts.com    www.secondappellatecourt.com www.oceanonursery.com                   www.supremecourtofcalifornia.com www.supremecourtcalifornia.com       www.supremecourtjustices.net   www.heritageoaksbankquestions.com     www.unitedstatessupremecourt.net 
www.governormegwhitman.co   www.unitedstatessupremcourt.com 
www.governorbrown.net      www.lieutenantgovernorabelmaldonado.com 
www.governorjerrybrown.net 
www.governormegwhitmancalifornia.com   www.governorabelmaldonado.com
www.californiasupremecourt.co

 

The Airport and the Larry Property Flooding prior to 2004 as talked about in Exhibit # 579 documents withheld from Discovery/Trial by the County of San Luis Obispo!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 Second Appellate Court Justices--Steven Z. Perren, Arthur Gilbert and Kenneth R. Yegan do not view the 500 photos and videos presented to them and Judge Martin J. Tangeman of Caltrans Raising State Highway 1 and then Grading and Shoveling Debris and Contamination into the Oceano Storm water drainage system, while the Oceano Community Service District dredges 2500 gallons of debris and well water into this system daily as a cause of the flooding of our State Highway 1! 
Justices--Steven Z. Perren, Arthur Gilbert and Kenneth R. Yegan State:

"Bookout points to no findings of fact in his favor. Instead, he relies on over 500 photographs and videos showing the flooding, several hundred documents which he claims show each defendant exercised dominion and control over the drainage facilities, and the testimony of his expert engineer, Keith Crow. He believes the evidence against the defendants was overwhelming.

Bookout claims the evidence is credible because it is uncontradicted. He cites Joseph v. Drew (1950) 36 Cal.2d 575, 579, for the proposition that uncontradicted testimony of a witness may not be disregarded, but should be accepted as proof of the fact to which the witness testified. Indeed, there are no doubt cases where the uncontradicted testimony of a witness is so credible that no reasonable trier of fact could reject it. But this is not such a case.
Here there is an obvious cause of the flooding. The Exchange modified the drainage by constructing a junction box and pipeline that redirected the flow of water by 90 degrees." 

 

The Second Appellate Court Justices--Steven Z. Perren, Arthur Gilbert and Kenneth R. Yegan are fully aware of Judge Martin J. Tangemans exhibits/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 drainage systems as seen in these exhibit photos!   Photo Evidence/Exhibits presented to Judge Martin J. Tangeman 1278-1337-1338 pdf...   

Bookout v. State Of California K...     Bookout v. State of California Supreme Court Appeal...

  The Second Appellate Court ignores Skoumbas v. City of Orinda (2008) 165 Cal.App.4th 783. ”We conclude the critical inquiry is not whether the entire system was a public improvement, but rather whether the City acted reasonably in its maintenance and control over those portions of the drainage system it does own.” “Substantial cause-and-effect relationship” is enough for liability even for downstream flooding."  The Appellate Court ignores Caltrans ownership of the first four feet of the storm water drainage inlet and the OCSD ownership and control of their Well # 8 pipe inside this storm water drainage channel!  The Appellate Court ignores exhibit # 1768 presented to the Appellate Court showing OCSD maintenance and drainage changes in December 2002 changeing the Statute of Limitations! 

The Second Appellate Court July 28, 2010 published decision compleatly ignores Statute Of Limitations changes as seen in exhibit # 579 "Did you observe likely causes of the flooding, such as clogged culverts under roads, catch basins filled with dirt, no place for water to flow?"  On Exhibit # 579 withheld from discovery by the County Of San Luis Obispo it was stated--- "Hwy 1 Not Adaquate drainage on Hwy 1 under the train track & Overlay from Caltrans in 2001 on Hwy 1" 

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 PDF File...  
    
The one Photo that Union Pacific RailRoad did Include in Exhibit # 579 shows that their is in Stabilization in this drainage system as stated on this photo exhibit " Pipeline in rail road culvert obstructin flow (Culvert Abuse) 13th Street & Highway 1 Mr. Bookout"  Exhibt # 1768 and 1756 backs up this statement showing no Date Of Stabilization with this OCSD drainage change since 1977!
 
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 part of (Appendix 15) showing no Date of StabilizationStabilization!

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." 

The Second Appellate Court Ruling June 28, 2010 Allows Caltrans to Raise and flood State Highway 1 --13th and Paso Robles Streets in Oceano California and then Grade and shovel debris into the Oceano Communities Storm Water Drainage Channel putting blame on a produce company for 1977 construction!  This ruling allows the United States government to discharge debris and well water into our United States drainage systems stating: "the nuisance or trespass alledged here is permanent."! 

California and United States Justices, Associate Justice Carlos R. Moreno, Associate Justice Joyce L. Kennard, Associate Justice Kathryn Mickle Werdegar, Chief Justice Ronald M. George, Associate Justice Ming W. Chin, Associate Justice Marvin R. Baxter, Associate Justice Carol A. Corrigan, Anthony M. Kennedy, John Paul Stevens, Chief Justice John G. Roberts, Antonin G. Scalia, Clarence Thomas, Samuel A. Alito, Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor 

The Second Appellate Court of California has changed our California Case Law in Arreola v. County of Monterey(2002) 99 Cal.App.4th 722. and Skoumbas v. City of Orinda (2008) 165 Cal.App.4th 783.   Court of Appeal Opinion: [PDF] Filed 6/28/10 Modified and certified for publication 7/28/10 (order attached)
   
Now in the publised decision Bookout et al. v. State of California Dept. of Transportation, government (Caltrans, OCSD) is allowed to fill in storm water drainage channels and dredge debris into storm water drainage systems as seen and talked about by Justice--Steven Z. Perren---Kenneth R. Yegan---Arthar Gilbert in their publised July 28, 2010 Decision!  Notice Photos talked about by the Second Appellate Court in their Julu 28, 2010 Inverse Condemnation decision!!

The Second Appellate Court States in their July 28, 2010 published decision in regards to these photos above "Bookout points to no findings of fact in his favor. Instead, he relies on over 500 photographs and videos showing the flooding, several hundred documents which he claims show each defendant exercised dominion and control over the drainage facilities, and the testimony of his expert engineer, Keith Crow. He believes the evidence against the defendants was overwhelming." 

This statement above by the Second Appellate Court affects every California resident and changes our California Case Law with the Second Appellate Courts published decision July 28, 2010 in Bookout et al. v. State of California Dept. of Transportation.  This decision now changes--Arreola v. County of Monterey(2002) 99 Cal.App.4th 722. and Skoumbas v. City of Orinda (2008) 165 Cal.App.4th 783.   

The Second Appellate Court Ignored in their June 28, 2010 Decision, what had been California Case Law up to June 28, 2010,  With Caltrans, County and OCSD actions this drainage system has no "Date of Stabilization"!  

Arreola v. County of Monterey(2002) 99 Cal.App.4th 722. “We conclude that in order to prove the type of governmental conduct that will support liability in inverse condemnation it is enough to show that the entity was aware of the risk posed by its public improvement and deliberately chose a course of action – or inaction – in the face of that known risk.” “Knowing that failure to properly maintain the Project channel posed a significant risk of flooding, Counties nevertheless permitted the channel to deteriorate over a long period of years by failing to take effective action to overcome the fiscal, regulatory, and environmental impediments to keeping the Project channel clear. This is sufficient evidence to support the trial court’s finding of a deliberate and unreasonable plan of maintenance.” State diversion or obstruction of surface water onto land “not historically subject to flooding” is not protected by reasonableness rule, but results in strict liability.

Caltrans actions of shoveling and grading storm debris into this drainage channel, while the Oceano Community Service District is permitted to discharge Well # 8 water into this drainage system should have been ruled on per the Second Appellate Courts Decision June 28, 2020 per-- 

Skoumbas v. City of Orinda (2008) 165 Cal.App.4th 783. Diversion of surface waters into a natural watercourse creates liability only if it causes an unreasonable risk of harm under Locklin factors and is a substantial cause of damage. Flood control system that “fails in heavy rain and causes damage to property that has historically been subject to flooding” governed by rule of reasonableness. City could be liable even if its storm drainpipe discharged into a private pipe and the damage occurred “downstream.” “”We conclude the critical inquiry is not whether the entire system was a public improvement, but rather whether the City acted reasonably in its maintenance and control over those portions of the drainage system it does own.” “Substantial cause-and-effect relationship” is enough for liability even for downstream flooding.” ------------------------------------------------------------------------------------------------------------------
The Appellate Court Justices--Steven Z. Perren--Kenneth R. Yegan---Arthur Gilbert on Page 2 and 6 of their June 28, 2010 decision allow Government to block storm water drainage channels in California per the Davis daily logs Exhibit # 1768!   They believe that these photos and video below of the OCSD use of this channel are not a cause of our State Highway 1 flooding!  They Blame POVE 100% ignoring Exhibit # 1875 of the County of San Luis Building permits per (Marin v. City of San Rafael, supra, 111 Cal.App.3d at pp. 595-596.) Requiring POVE to raise the County's Storm Water Drainage Outlet!
As seen on YOUTUBE changing the date of stabilization
The Appellate Court on Page 12 of their Appellate Decision ignores this "Continuous Nuisance" per "Mangini"
  
The Second Appellate Court is mistaken on P. 8 of their June 28, 2010 decision as testimony presented to the Second Appellate Court from Phil Davis of the Oceano Community Service District and exhibit 1768 are facts that have been seen and mentioned by the Appellate Court!  This evidence is ovewhelming as seen below!  These drainage changes are made after the Appellate Courts P. 8 100% Blame of the Pismo Oceano Vegetable Exchange!   OCSD stated to Judge Tangeman   P. 383 Answer: “We run the well— Right now, we’re running about five or six day a week. And we just start it in the morning, so it goes through a cycle” –
Question. How much water is discharged out of the pipe each time that you do the procedure that you described?
Answer. “Approximately 2,500 Gallons per minute?” Question. And the rate at which this water is discharged is somewhere around 1,300 gallons per minute?
Answer. “Well, it starts out fast and gradually slow down until it stops. And when it stops, all the water is going into the system.”P. 385 Question: Are you aware of any permission sought by the district, itself for operating this pipe?
Answer: “Other then the Health Department, I don't know of any."
P.386 by Mr. Belsher: Thirteen thirty-six and 1337, is this the same discharge pipe we discussed or saw in the previous photograph, only a different configuration?
Answer. Yes.
Question: And did you oversee an extension of the pipe into the culvert that’s depicted there?
Answer. Yes.
Question. And this picture dated 2002, so does that seem as if that was the state of the – to your recollection, That the pipe was projecting into the culvert as of 2002?
Answer. Yes.
Question. And 1338 is another example of the pipe  extended into the culvert. Thirteen thirty nine, is this an OCSD employee? Answer. “I believe it is.”
Question: And I note that the pipe now is cut back from the entrance to culvert?
Answer: “That’s correct.”
Question: And is that an action which you and your staff took in 2002?
Answer. “YES”

The Second Appellate Court is mistaken (Marin v. City of San Rafael, supra, 111 Cal.App.3d at pp. 595-596.)as stated (FACTS-Discussion P. 8 "Here there is an obvious cause of the flooding.  The Exchange modified the drainage by constructing a junction box and pipeline that redirected the flow of water by 90 degrees.") ("Causation") ("Overwhelming Evidence") Per Phil Davis Daily logs Exhibit # 1768 mentioned by the Appellate Court in Page 2 and 3 of their June 28, 2010 Decision! The Appellate Court erred in testimony of Fred Brebs and Evidence P. 3, 6, 7--Sutton, Brebes and Davis--Testomony as seen in the Court Transcripts! 

The Second Appellate Court Justices--Steven Z. Peren--Kenneth R. Yegan--Arthur Gilbert; ignore Exhibit # 1756, 1731, 1732, 1760, 1763, 1769, 1772, 1773, and 1783 presented by Union Pacific per Causation drainage changes made by Caltrans, County and OCSD showing no (Date of Stabilization) And (Causation) from OCSD taking a working drainage channel in exhibit # 1756 April 21, 1983 for their use (Prescriptive Easement) of this pipe below installed in 2001 per Caltrans exhibit # 1768 .   P. 8 "In other words, the City (OCSD) was liable because it directed the installation of, used , and owned the pipe."

Union Pacific Rail Road Exhibit # 1756 --P. 8 OCSD P. 7 "Obvious Cause"--(Causation) OCSD letter written to County RR and POVE presented to the Appellate Court (Prescriptive Easement) States: "This Channel has been protected by use of a culvert that would conduct surface waters under Southern Pacific tracks to what may be a bunker under the loading docks of the Pismo-Oceano Vegetable Exchange (POVE) . The water, then, might flow to a small retention basin maintained by POVE."

"Because this is an established drainage channel. The District feels that its full design capacity should be available for use. Reserch, however has not clearly revealed the agency responsible for the maintenance of the channel. Consequently , we have no idea the condition of the channel and wheather, in its present state of maintenance, it can adequately carry the quantity of water that will be discharged." 

This type of Causation, prescriptive easement over rides the Appellate Court P. 2 P. 6 determination decision that POVE construction in 1977 was the cause of this flooding!   OCSD admitted in exhibit # 1756   "We have no idea the condition of the channel and wheather, in its present state of maintenance, it can adequately carry the quantity of water that will be discharged."   They contacted the County of San luis Obispo per their testimony. (Marin v. City of San Rafael, supra, 111 Cal.App.3d at pp. 595-596.)Union Pacific Railroad Exhibit # 1768---September 11, 1985 letter and Phil Davis daily logs showed The Appellate Court Justices, the Prescriptive Easement, Causation that each have claimed does not exist!  The County actions in these drainage changes and permits exhibit 1874-1875 are the main Cause per (Marin v. City of San Rafael, supra, 111 Cal.App.3d at pp. 595-596.)
 The Appellate Court Justices--Steven Z. Peren--Kenneth R. Yegan--Arthur Gilbert
Mention this Causation-Prescriptive Easement video of the Oceano Community Service District ignoring expert testimony on P. 3 of Keith Crowe "(3) the district well added silt and debris;"  In exhibit # 1768 OCSD and Caltrans David Fry-recieved a complaint of debris daming/blockage--(NOT FLOODING) and abated this problem per their testimony and the Phil Davis Daily logs!  OCSD daily logs States on Friday, December 20, 2002.  "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 tracks.  I had Dan saw off the 6 inch pipe and end it 5 feet in front of the culvert so that there will be no danger of the pipe plugging debris at the entrence to the culvert." 

Appellate Court Justices--Steven Z. Peren--Kenneth R. Yegan--Arthur Gilbert P. 6 fail to acknowledge this Prescriptive Easement, Causation testimony other then to State:  "But none of these alledged changes of conditions compelled the trial court to conclude that the flowing was not relatively consistant and static for several years prior to Bookout's purchase of his property.""    County of San Luis Obispo documents left out of exhibit # 579 provided  December 2, 2008 after trial shows the Appellate Court Justices decision to be wrong!  Prejudicial Error!

The Appellate Court viewed and Mentioned 500 photos plus videos showing OCSD possession/prescriptive easement of this drainage channel exhibit #1756!  Change of (Statute of Limitations/Causation P. 7)  This taking of this drainage channel by OCSD is after P. 2 (Facts) P. 6 (Discussion) of POVE County Permitted drainage changes in 1977-- The Appellate Court on P. 6 regarding "Date of Stabilization" believes that the last improvements where in the late 1970's!  Ignoring the photos/videos/exhibits above presented to and mentioned by the Appellate Court!  The Appellate Court ignores Fred Brebes Testomony that Caltrans had maintained this drainage channel for 30 years prior to 2002!   OCSD has been in charge since as seen above and in their weed abatement P. 6 of the Apellate Court Transcripts!  Oceano Community Service District States:  Page 390 July 10, 2008 Testimony by OCSD Employee see photo above.
Question.  Okay. Now, this is a picture, 1396, of you inspecting the entrance to the 20-inch culvert; correct?
Answer. UH-UH.
Question. Are you concerned at all that the operation of this pipe could blow leaves and other debris into the pipe during its operation?
Answer. Um, well we wanted to check and make sure it didn't happen.
Question. So what's your observation?
Answer. We just look through the culvert. If you could see a culvert going a hundred feet, or whatever it goes, well it is fine. Page 391.Question. And did you observe debris blowing into this pipe on occasion?
Answer. “Blowing into it.”
Question from the operation of the discharge pipe?
Answer. No
Question Do you have any maintenance plan for the channel or the culvert with respect to debris?
Answer. NO, WE DO NOT.”
  The Second Appellate Court on P. 9 of their June 28, 2010 Decision State: "(Marin v. City of San Rafael, supra, 111 Cal.App.3d at p. 596.) In other words, the city was liable because it directed the installation of, used, and owned the pipe. It even obtained an injunction to prevent plaintiffs from interfering with its operation. None of those factors are present here."  The Appellate Court ignored direct testimony by Phil Davis showing the County involvement in the OCSD Prescriptive Easement pipe constructed in the Rail Roads Drainage channel!   P. 385 Court Transcripts-- Question: Are you aware of any permission sought by the district, itself for operating this pipe?  Answer: “Other then the Health Department, I don't know of any." (Marin v. City of San Rafael, supra, 111 Cal.App.3d at pp. 595-596.)

This Same Appellate Court Stated  five days eariler in Barrett v. County of Ventura--Filed 6/23/10 Barrett v. County of Ventura CA2/6  "The taking of private property for the purpose of constructing storm drainage systems has been recognized to be for a public use. (Marin v. City of San Rafael  (1980) 111 Cal.App.3d 591, 595; Ullery v. County of Contra Costa (1988) 202 Cal.App.3d 562, 568; DiMartino v. City of Orinda (2000) 80 Cal.App.4th 329, 336.) "An action in inverse condemnation will lie when damage to private property is proximately caused by use of a storm drainage system for its intended purpose." (Souza v. Silver Development Co. (1985) 164 Cal.App.3d 165, 170.) When accepted and approved by a municipality, drainage systems become a public improvement and a part of the system of public works. (Frustuck v. City of Fairfax (1963) 212 Cal.App.2d 345, 358.) "The fact that the work is performed by a contractor, subdivider or a private owner of property does not necessarily exonerate a public agency, if such contractor, subdivider or owner follows the plans and specifications furnished or approved by the public agency. When the work thus planned, specified and authorized results in an injury to adjacent property the liability is upon the public agency under its obligation to compensate for the damages  6 resulting from the exercise of its governmental power." (Id. at pp. 362-363; see DiMartino, supra, at pp. 338-339.)"

The Second Appellate Court  States on P. 6 P. 7 of their Appellate Court decision compleatly ignore as Exhibit # 579 documents withheld from discovery an trial!  County Discovery Abuse per the Baughman Property from State Highway 1 PDF File...  They State:  "The determination of when the statute of limitations begins to run is a question of fact. (Lee, supra, 107 Cal.App.4th at p. 857.) Here the trial court determined that the date of stabilization theory does not apply. The court found that the last improvements to the drainage system were constructed by the Exchange in the late 1970's, and that the flooding problem was relatively consistent and static for several years prior to the time Bookout purchased his property in 2000.

Bookout challenges the trial court's findings by listing what it characterizes as changed conditions since the Exchange constructed the junction box in the 1970's. The alleged changed conditions include: maintenance activities, modifications to Well No. 8, weed abatement, removal of a retaining wall, alteration of Highway 1, shoveling and grading of debris, accumulation of debris, and an increase in impervious surfaces. But none of these alleged change of conditions compelled the trial court to conclude that the flowing was not relatively consistent and static for several years prior to Bookout's purchase of his property.

Bookout argues the trial court erred in receiving documentary evidence that was not produced during discovery. The document is a county drainage study questionnaire returned by Bookout in July 2002. Bookout stated on the questionnaire that the area floods one foot or more once a year and that the flooding has damaged his inventory."   

 

 

The Appellate Court is mistaken as seen in these documents withheld by Judge Tangeman--Union Pacific Railroad and the County of San Luis Obispo!County Discovery Abuse per the Baughman Property from State Highway 1 PDF File...

Jun 28 2010

B214906 [PDF] [DOC]

Bookout v. State ex rel. Dept. of Transportation CA2/6 filed 6/28/10

Appellate Court Justices--Steven Z. Peren--Kenneth R. Yegan--Arthur Gilbert ignore as Stated in the Appellant's Reply Brief ("Accrual Date")  or (Causation)!!!  P. 7 and 8.  The Appellate Court States P. 8 and 9: 

"Bookout points to no findings of fact in his favor. Instead, he relies on over 500 photographs and videos showing the flooding, several hundred documents which he claims show each defendant exercised dominion and control over the drainage facilities, and the testimony of his expert engineer, Keith Crow. He believes the evidence against the defendants was overwhelming."
   
"Bookout claims the evidence is credible because it is uncontradicted. He cites Joseph v. Drew (1950) 36 Cal.2d 575, 579, for the proposition that uncontradicted testimony of a witness may not be disregarded, but should be accepted as proof of the fact to which the witness testified. Indeed, there are no doubt cases where the uncontradicted testimony of a witness is so credible that no reasonable trier of fact could reject it. But this is not such a case."
 
"Here there is an obvious cause of the flooding. The Exchange modified the drainage by constructing a junction box and pipeline that redirected the flow of water by 90 degrees. The Exchange has settled with Bookout. Evidence that the remaining defendants contributed to the conditions that caused the flooding rests largely in Crowe's expert testimony. As helpful as expert opinion can be, such testimony carries a built-in bias: experts are most often very well paid for their opinions. The trial court had good reason to be skeptical of Crowe's testimony. We apply the usual rule on appeal that the trier of fact is not required to believe the testimony of any witness, even if uncontradicted. (Sprague v. Equifax, Inc. (1985) 166 Cal.App.3d 1012, 1028.) The evidence presented here did not compel the trial court to find in favor of Bookout." 

The Appellate Court chose to ignore the fact that this flooding could be abated from Caltrans documents for only $43,295.00 and that the County of San Luis Obispo required the outlet for this water raised per County Permits Exhibits 1874-1875.  The California Supreme Court will need to decide if this is now legal in California (Marin v. City of San Rafael, supra, 111 Cal.App.3d at pp. 595-596.)and if Has any merit for California Case law?
       

 In the 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 the drainage pond that the County uses for their storm water retention!  This retention pond has been in use since the 1950's per Caltrans Photos!  The County acknowledges the OCSD 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...