Governor Jerry Brown

The San Luis Obispo New Times has taken photos of the Oceano Community Service District Well # 8 daily discharge pipe inside this California storm water drainage system; that the Second Appellate Court calls stable and Static! 

This Drainage system in now California Case Law "Bookout v. State Of California" Showing how "Date Of Stabilization" now works in California!  The Second Appellate Court believes that Government Discharge over years into California storm water drainage systems sets a cause for "Statute Of Limitations"

One last shot for Bookout

BY COLIN RIGLEY

 


Bill Bookout is taking his case to the U.S. Supreme Court. At least, that’s his plan.

 

Bookout, the former owner of Oceano Nursery, has long argued that annual flooding of Highway 1 is to be blamed on Caltrans crews and five other government agencies.

After losing an appeal to the California 2nd District Court of Appeals on June 28, Bookout brought his case to the California Supreme Court. However, the court decided not to hear the case, upholding the appellate court determination that Bookout’s lawsuit fell outside of the statute of limitations.

“This is now binding precedent for the statute of limitations on inverse condemnation flooding cases,” said Greg Connell, one of Bookout’s attorneys.

Meanwhile, Bookout has been scooping up Internet domain names vaguely reminiscent of official web sites for local and state politicians, as well as judges who have ruled against him over the course of his lawsuit. For example, californiasupremecourt.com, governorbrown
.net, and senatorsamblakeslee.com now link to photos, videos, and blog posts Bookout made to support his case.

Bookout said he’s willing to sell the domain names to anyone who wants them. But he’s set the price tag to match the judgment against him: currently $200,000.

“I’m done,” he said. “What I’m trying to do is salvage my business.”

With a loss at the state Supreme Court, Bookout’s only hope seems to sit with the highest court in the country. Though he hadn’t filed anything as of press time, Bookout said he absolutely plans to push his case in Washington, D.C.

“It’s going to cost me some money, but the thing is, I am not going to walk away from the facts of this case,” he said.

At the same time, he’s adamantly claiming his story has the potential to be national news.

And if all that fails—if Bookout loses again in the last court available to him—he said bankruptcy will be the only option.

“That’s inevitable,” he said. “I’m probably going to have to do that anyway.”

Please review this evidence recieved by Judge Tangeman.  Department of Transpertation reneging on Signed 1985 Contracts-Abel Maldonado-Katcho Achadjian--Sam Blakeslee and Governor Arnold Schwarzeneggers Letters...   

Photo taken by San Luis Obispo New Times showing the OCSD Well # 8 PVC pipe inside storm water drainage channel along with Caltrans December 2002 Concrete bags at culvert inlet!
 
Local News Media is now aware of governments use of this drainage system!
 
KSBY.com has filmed this OCSD discharge pipe. KCOY- www.kcoy.com  has filmed this OCSD pipe discharging debris into this storm water drainage system that is now legal in California Case Law "Bookout V. State Of California" KEYT.com Santa Barbara would this be legal in Santa Barbara? 
 
The Five Cities Times Press Recorder inspecting this OCSD Well # 8 Discharge pipe???????   

Lieutenant Governor Gavin Newsom and all News media, these are the 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 Letter-1985 Construction--Caltrans $5,000.00 Signed 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...     McClatchy News-Nick Wilson--Cal Coast News-Karin Velie--New Times Ryan Miller National News Story for being a Government Whistle Blower!   NBC News, ABC News, Fox News, CBS News

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

From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, November 09, 2010 3:43 PM
To: 'velie@coastnews.com'
Cc: 'Greg Connell'; 'John Belsher'; 'Mark L. Mosley'; 'rmiller@newtimesslo.com'; 'Colin Rigley'; 'bray@thetribunenews.com'; 'bmcewen@fresnobee.com'; 'kachadjian@co.slo.ca.us'; 'mweiser@sacbee.com'; 'gavin.newsom@sfgov.org'; 'sduerr@thetribunenews.com'; 'news@ksby.com'; 'news12@kcoy.com'; 'Wilson, Nick - SLO'; 'eslater@timespressrecorder.com'; 'acharlton@timespressrecorder.com'; 'Lt.governor@ltgov.ca.gov'; 'Senator.Blakeslee@senate.ca.gov'; 'James, Melissa'; 'Weber, Tad - SLO'
Subject:

 

November 9, 2010

 

Cal Coast News

 

Karen Velie,

In regards to our conversation earlier today and the undisputed evidence that Judge Martin J. Tangeman received into evidence listed below!  This is not my Opinion!  This is the evidence that Judge Martin J. Tangeman received into evidence! 

Judge Martin J. Tangeman on P. 6 of his August 5, 2008 Inverse Condemnation decision Stated:  ” The “date of stabilization” approach does not apply in this case. The evidence showed that the last improvements made to the drainage system were constructed by Pismo Oceano Vegetable Exchange (“POVE”) in the late 1970s. Further, the evidence demonstrated that the flooding problem was relatively consistent and static for several years prior to the date that Plaintiff purchased his property.”

Karen, please allow my response to Typooqueen below!  San Luis Obispo County Residents do need to know the facts behind why State Highway 1 is flooding!  These County of San Luis Obispo, Department of Transportation and Oceano Community Service District exhibits received by Judge Martin J. Tangeman can be seen at www.californiagovernorjerrybrown.com and www.lieutenantgovernorgavinnewsom.com Under----Department of Transpertation reneging on Signed 1985 Contracts-Abel Maldonado-Katcho Achadjian--Sam Blakeslee and Governor Arnold Schwarzeneggers Letters...     

 

Karen, Please review the video below talked about by Judge Tangeman that is now on YOUTUBE showing this flooding is not the fault of Pismo Oceano Vegetable Exchange as Judge Martin J. Tangeman stated in his August 5, 2008 decision: ” The “date of stabilization” approach does not apply in this case. The evidence showed that the last improvements made to the drainage system were constructed by Pismo Oceano Vegetable Exchange (“POVE”) in the late 1970s.”

Karen, it is time that all of California know about the facts behind new California Case law “Bookout v. State Of California” The County Attorney Porter Scott, can be reached at 1-916-929-1481Union Pacific Railroad can be reached at 1-916-443-4443 Oceano Community Service District Attorney Adam M. Danner can be reached at 1-805-464-5003 and the Department of Transportation Attorney Derek S. Van Hoften can be reached at 1-415-904-5700

 

Karen, each of the Attorneys above should be aware of the Deal that San Luis Obispo Attorney Clay Hall Tried making with Scott Radovich as seen on the first page under www.lieutenantgovernorgavinnewsome.com Please pay close attention to the February 6, 2007 letter from Clay Hall to the County of San Luis Obispo’s Insurance!  County of San Luis Obispo--Trying to Make A Deal in regards to the Evidence that they Withheld From Discovery involving the County Insurance.  Plus their Documents presented to Judge Tangeman that Flooding Could Be Abated---pdf   

 

Karen, You asked me today, what is my next move in regards to the Courts decisions!  My next move is to be a whistle blower on the undisputed facts of this Inverse Condemnation case and bring this to the National News Media through ABC News, NBC News CBS News and all written news media!
 Associate Justice Ming W. Chin   2 weeks ago 800 views

11/06/2010 at 7:28 pm

——————Typooqueen, you have seen the videos of Caltrans actions in Oceano with the flooding of State Highway 1. The New Times this week touched on the Inverse Condemnation Case that lead to the closing of Oceano Nursery.

The main reason that Oceano is going no where is State Highway 1 and the $30,000.00 a year the County of San Luis Obispo collects in rent for trailer storage! Water once was stored on this County property instead of State Highway 1!

It is time in Oceano for the County to shut down OCSD and take full responsibility for the Community of Oceano. The Caltrans/OCSD signed contracts documents in 1985 that I have put on my websites shows shows what the State of California has done to the residents of Oceano!

Like or Dislike: alt="Thumb up">3  alt="Thumb down">  0

Reply

      • Typoqueen says:

11/07/2010 at 12:01 am

Bill, you seem like a nice person but I don’t agree with your lawsuits regarding the flooding. You must have known what you were getting into when you bought that property. I’m sorry that your property had such flooding issues but there are lots of places that have flooding problems. Look at the area behind the airport around Honolulu Street, it’s like a giant lake back there when it rains. Buyer beware. . BTW Bill, I don’t think that you did such a bad job when you were on the OCSD. . I do agree that the county needs to take control of Oceano and dump the OCSD.

Like or Dislike: 1  3

Reply

11/08/2010 at 6:10 am

———————-Typoqueen, the Cal Coast news has removed my response to you showing the facts behind why State Highway 1 is flooding!

I am sorry that the San Luis Obispo County Residents can not read about these County, Caltrans, Railroad and OCSD documents presented to Judge Martin J. Tangeman!

Like or Dislike: 3  0

Reply

          • Moderator says:

11/09/2010 at 1:55 pm

I am sorry that I have had to mark your contributions here as spam. Having just deleted a huge copy and paste of this complete discussion submitted as your opinion,
no thank you.

Like or Dislike: 0  0

Reply

11/09/2010 at 2:03 pm

————To answer a question asked by the Cal Coast News in regards to the facts behind why State Highway 1 is flooding?

——————————–Typoqueen, your thoughts are interesting and you do have some points.

I should have never had to take legal action for State Highway 1 flooding! The County of San Luis Obispo should never of tried making a deal with my first Attorney, which caused this flooding case to have to go to court! The County of San Luis Obispo is the main reason that Caltrans will not fix their signed contracts with OCSD in the mid 80's! It is unfortunate that our local new media cannot talk about these signed contracts!

I have attached these documents in evidece with Judge Tangeman on my websites to show our community the facts behind what Oceano is today as this flooding problem is connected to our Pacific Ocean, the Oceano Airport and Honolulu Street!

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!

To answer a question asked by the Cal Coast News in regards to the facts behind why State Highway 1 is flooding?

Judge Martin J. Tangeman on P. 6 of his August 5, 2008 inverse condemnation decision Stated:

” The “date of stabilization” approach does not apply in this case. The evidence showed that the last improvements made to the drainage system were constructed by Pismo Oceano Vegetable Exchange (“POVE”) in the late 1970s. Fruther, the evidence demonstrated that the flooding problem was relatively consistent and static for several years prior to the date that Plaintiff purchased his property.”

This statment by Judge Tangeman is not accurate as seen in the undisputed evidence above, that was recieved into evidence by Judge Martin J. Tangeman!

Like or Dislike: 0  0

 

From: Senator Blakeslee [mailto:Senator.Blakeslee@sen.ca.gov]
Sent: Tuesday, November 09, 2010 3:44 PM
To: Bill Bookout
Subject: RE:

 

Thank you for taking the time to contact me. I appreciate hearing from you, as your input helps me better represent our community.

This message is an automatic replay confirming the receipt of your email.  

Due to the size of my district and respect for the jurisdiction of other elected officials, I am only able to respond to communications from residents of the 15th Senate District.  To ensure that you receive a response, please make sure that you included your first and last name and complete address in your email.

Again, I appreciate hearing from you.  It is truly an honor to represent you in the State Senate.

Sincerely,

Senator Sam Blakeslee

Web Hosting Companies