Caltrans should never be allowed to Shovel and Grade Contaminated Storm Water and debris into a State drainage system as seen on YOUTUBE under Caltrans and Inverse Condemnation Added to
Quicklist 1:12 http://www.oceanonursery.com

California State Assemblymebers–John Perez, California State Senators Abel Maldonado

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From: Bill Bookout [mailto:Pismobeachdiveshop@charter.net]
Sent: Tuesday, May 04, 2010 4:45 PM
To: ‘assemblymember.blakeslee@assembly.ca.gov’
Cc: ‘AssemblymemberArambula@assembly.ca.gov’; ‘Assemblymember.Lieu@assembly.ca.gov’; ‘Assemblymember.John.Perez@assembly.ca.gov’; ‘Assemblymember.jones@assembly.ca.gov’; ‘Assemblymember.huber@assembly.ca.gov’; ‘Assemblymember.Hernandez@assembly.ca.gov’; ‘Assemblymember.Hayashi@assembly.ca.gov’; ‘Assemblymember.Hall@assembly.ca.gov’; ‘Assemblymember.Gilmore@assembly.ca.gov’; ‘Assemblymember.Garrick@assembly.ca.gov’; ‘Assemblymember.Fuentes@assembly.ca.gov’; ‘Assemblymember.Fong@assembly.ca.gov’; ‘Assemblymember.Feuer@assembly.ca.gov’; ‘Assemblymember.Eng@assembly.ca.gov’; ‘Assemblymember.deLeon@assembly.ca.gov’; ‘Assemblymember.coto@assembly.ca.gov’; ‘Assemblymember.Caballero@assembly.ca.gov’; ‘Assemblymember.Bass@assembly.ca.gov’; ‘Assemblymember.Ammiano@assembly.ca.gov’; ‘Assemblymember.villines@assembly.ca.gov’; ‘Assemblymember.torrico@assembly.ca.gov’; ‘Assemblymember.Torlakson@assembly.ca.gov’; ‘Assemblymember.Solorio@assembly.ca.gov’; ‘Assemblymember.Skinner@assembly.ca.gov’; ‘Assemblymember.Saldana@assembly.ca.gov’; ‘Assemblymember.Saldana@assembly.ca.gov’; ‘Assemblymember.Ruskin@assembly.ca.gov’; ‘Assemblymember.Norby@assembly.ca.gov’; ‘Assemblymember.niello@assembly.ca.gov’; ‘Assemblymember.Miller@assembly.ca.gov’; ‘Assemblymember.Mendoza@assembly.ca.gov’; ‘Assemblymember.Ma@assembly.ca.gov’; ‘Assemblymember.Arambula@assembly.ca.gov’; ‘Senator.Maldonado@senate.ca.gov’; ‘Senator.Yee@senate.ca.gov’; ‘Senator.Yee@senate.ca.gov’; ‘Senator.Wyland@senate.ca.gov’; ‘Senator.Wright@senate.ca.gov’; ‘Senator.Wolk@senate.ca.gov’; ‘Senator.Wiggins@senate.ca.gov’; ‘Senator.Walters@senate.ca.gov’; ‘Senator.Strickland@senate.ca.gov’; ‘Senator.Steinberg@senate.ca.gov’; ‘Senator.Simitian@senate.ca.gov’; ‘Senator.Runner@senate.ca.gov’; ‘Senator.Romero@senate.ca.gov’; ‘Senator.Pavley@senate.ca.gov’; ‘Senator.Padilla@senate.ca.gov’; ‘Senator.Oropeza@senate.ca.gov’; ‘Senator.McLeod@senate.ca.gov’; ‘Senator.Lowenthal@senate.ca.gov’; ‘Senator.Liu@senate.ca.gov’; ‘Senator.Leno@senate.ca.gov’; ‘Senator.Kehoe@senate.ca.gov’; ‘Senator.Huff@senate.ca.gov’; ‘Senator.Hollingsworth@senate.ca.gov’; ‘Senator.Harman@senate.ca.gov’; ‘Senator.Hancock@senate.ca.gov’; ‘Senator.Florez@senate.ca.gov’; ‘Senator.Dutton@senate.ca.gov’; ‘Senator.Ducheny@senate.ca.gov’; ‘Senator.DeSaulnier@senate.ca.gov’; ‘Senator.Denham@senate.ca.gov’; ‘Senator.Cox@senate.ca.gov’; ‘Senator.Correa@senate.ca.gov’; ‘Senator.Corbett@senate.ca.gov’; ‘Senator.Cogdill@senate.ca.gov’; ‘Senator.Calderon@senate.ca.gov’; ‘Senator.Ashburn@senate.ca.gov’; ‘Senator.Alquist@senate.ca.gov’; ‘Senator.Aanestad@senate.ca.gov’; ‘senator.Maldonado@sen.ca.gov’; ‘scurran@thetribunenews.com’; ‘bcuddy@thetribunenews.com’; ‘exec@montereycoastkeeper.org’; ‘eslater@timespressrecorder.com’; ‘crigley@newtimesslo.com’; ‘rmiller@newtimesslo.com’; ‘SANDRA SHEFFIELD’; ‘Weber, Tad – SLO’; ‘kachadjian@co.slo.ca.us’; ‘mmecija@ksby.com’; ‘g.r.hensley@sbcglobal.net’; ‘econnolly@newtimesslo.com’; ‘mglover@sacbee.com’; ‘davecongalton@edbroadcasters.com’; ‘velie@calcoastnews.com’
Subject: RE: Our California Constitution

Dear State Senators and State Assembly Members and all News Media———————–

New California case law regarding Inverse Condemnation will be decided on May 6, 2010 in the Appellate Court Case Bookout et al. v. State of California Dept. of Transportation in the San Luis Obispo Board of Supervisors building at 9:30 am.

To Be Decided:
1) Can Caltrans shovel and Grade Contaminated Storm Water and Debris into our California Storm Water Drainage systems? This will affect all Counties in California!
2) Can California County’s withhold evidence and whiteness’s from discovery?
3) Are Superior Court Judges allowed to determine what evidence is withheld from discovery and assist in withholding evidence from discovery as stated by Judge Tangeman in Exhibit # 579—“And for the purpose of the exhibits we don’t need the photographs.” The Court Judge Tangeman—States: “All Right”
4) Is Caltrans allowed in California to raise our State Highways without addressing drainage issues?
5) Is local Government allowed to daily dredge debris and Community Well water into storm water drainage systems? Judge Tangeman Stated in regards to the video evidence. “In the case of OCSD, the evidence largely consisted of the construction of the drainage outfall from Well No. 8 in the vicinity of the culvert. While there was evidence of substantial amounts of being discharged from Well No. 8, there was an absence of evidence that such discharges occurred contemporaneously with heavy rains and flooding problems.”
6) Are California Superior Court Judges allowed to ignore California case law presented to them dealing with inverse Condemnation? Arreola v. County of Monterey (2002) 99 Cal.App.4th 722.
7) If California Superior Court Judges can change trial Court testimony. Judge Tangeman misheard Caltrans Testimony on Page 936 As stated–“Now, the – we saw earlier a photograph of a Caltrans loader, as you described it , actually in the channel. Do you have – I mean, can you tell us why that was done? To your understanding , why that would have been done?” Answer. “I would imagine that the loader was working in the area. The
employee who was running the loader was probably a conscientious employee and wanted to try to help.” Question. Do you have a problem with your employees doing “Good Neighbor” sort of deeds like that?” Answer. “NO, we do – We try to do that when we can.” This is what Judge Tangeman stated in his August 5, 2008 ruling that changes the true testimony of Caltrans “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”

2nd Appellate District Top of Form
Change court Supreme District 1 District 2 District 3 District 4 Div 1 District 4 Div 2 District 4 Div 3 District 5 District 6
Bottom of Form

Court data last updated: 05/03/2010 05:05 PM
Case Summary Docket Scheduled Actions Briefs
Disposition Parties and Attorneys Trial Court
Case Summary
Trial Court Case: CV060384
Court of Appeal Case: B214906

Division: 6
Case Caption: Bookout et al. v. State of California Dept. of Transportation
Case Type: CV
Filing Date: 03/17/2009
Oral Argument Date/Time: 05/06/2010 09:30 AM

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Why would Caltrans raise our State Highway a foot and not take into account a prior drainage problem as seen in their documents?

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Exhibit # May 1, 1985 “Contacted Rich Hill of the Oceano Community Service District about Highway drainage. I questioned him about the retention pond next to the packing sheds and who had authority over the location and construction of it. He said possibly everybody beginning with POVE S.P.R.R. and County Flood Control was involved. He also informed me that a Board member owned a house and wanted the water routed South on Highway 1to the corner and this Question will Be asked when we present the plans to the board. Bob McNew”

Exhibit # 1785 May 14, 1987 “We decided that there were two basic solutions to the problem. They are:” “# 2 Construct a detention or retention basin above the Railroad on their property and leave the existing culvert as is.”

“Tim Smith and Glenn Priddy we discussed the flooding problems that would be created by passing the water under the railroad through a new culvert. That would require the County buy an easement south and west of the railroad to maintain a channel to protect the residences in the low lands.”

If a retention or detention pond of sufficient size could be constructed next to the highway on railroad property the existing culvert may work with a few changes such as lowering the outlet of the POVE pond. This Idea would protect the downstream people from flooding. One problem with the retention pond would be the fact that the existing culvert’s flow line is too high to drain the pond. There-fore most of the pond water would never drain through.”

Exhibit # 1786 May 20, 1987 “The Second concern is that we fully inform the downstream owner or owners of the need for a drainage ditch clean out, or improvement. The State could look to the Oceano Community Service District or the County to be the lead agency when it comes to dealing with owners below the project.”

Exhibit # 1788 August 2, 1987 “In our last meeting it was determined that the land owners downstream would object to a new 36- inch straight drainage pipe under the railroad and the County road which was proposed by the State because of probable flooding of the Baughman property as well as others in the low lands.”

Exhibit # 1789 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)”

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Judge Tangeman stated: —-”In the case of OCSD, the evidence largely consisted of the construction of the drainage outfall from Well No. 8 In the vicinity of the culvert. While there was evidence of substantial amounts of water being discharged from well # 8, there was an absence of evidence that such discharges occurred contemporaneously with heavy rains and flooding problems.”

How could a Superior Court Judge comment on video evidence (As Seen On YouTube under (Inverse Condemnation) of this Oceano Community Service District Well # 8 pipe Discharging 2500 Gallons a minute of Drinking water daily into a storm water drainage system and put no blame of this illegal action as a cause of the blockage of this drainage system?

Under Sworn Testimony by the the Oceano Community Service District in front of Judge Tangeman, the Oceano Community Service District Stated: —-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”

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Have you ever watched the meetings on the TV? The Oceano Community Service District Board is so unprofessional it’s almost criminal. They seated the last board member into office when there was a tie vote, and didn’t follow the law according to their own attorney! But business as usual!

Mary Lucey was spouting off how California Code isn’t law, but just a code. Unreal! Guess when you’ve spent time behind bars, (she admitted she was in prison) your understanding on what’s lawful is different. Jim Hill used to be so nice. Now all he does is yell at Vern and Pamela, turns red, and he shakes so much with anger, I expect steam to blow out of his ears. I feel sorry for the people of Oceano. Vern Dahl and Pamela Dean have such a tough time speaking on issues without being spat on by other members of the board. Then there are some audience members like Larry, Nina, Rick Searcy,and Mary Lucey’s domestic partner, who complain loudly and in mean spirit. If I were Vern and Pamela, I would quit like Barbara Mann did. It’s really like one lady said, “It’s the Jerry Springer Show”. Let the county run the town, maybe then someone would realize that the people here are screaming for help, and it’s landing on deaf ears. Mr Bookout, good luck on your efforts. At least you are trying.

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The public should review what the County, Caltrans and OCSD stated at the January 10, 2005 OCSD Flood meeting on YouTube under “Caltrans”

Senator Abel Maldonado and Assemblyman Sam Blakeslee are trying to help as Senator Abel Maldonado has stated May 12, 2009:

“I hope that you continue to seek legal counsel and that this very difficult situation will be resolved soon.”

Superior Court Judge Teresa Estrada-Mullaney in her February 2, 2009 Judgment Decision “Notice of Judgment” States:

“Judge Tangeman determined the flooding problem was “static” for several years prior to Plaintiff’s purchase of his property. Plaintiff contends the flooding is continuous and can be abated. Plaintiff argues Defendants negligent maintenance of the drainage system increases the frequency and severity of the flooding. That is inconsistent with Judge Tangeman’s determination that the primary culprit was POVE’s improvements, rather than negligent maintenance of the drainage system. There was no showing that Union’s operation of Well No. 8 contributed to the blockage. There was no showing of the County’s responsibility for maintaining the drainage channel. 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.”

Caltrans—-Stated to the Trial Court regarding their actions:

“Im not sure what there doing in this picture. It appears that there throwing dirt up on the bank at the base of the tree. Question: Is this anything related to the buildup of sediment at the mouth of the drainage channel? Answer. Well its more grass. Well, Yeah, sediment and grass. Question: And wheres this material removed to when you engaged in this particular activity? Answer. Based on the Mud behind me at the base of the tree, I would say we where throwing it up on the bank. Question: So you were keeping it in the four feet that you consider to be Caltrans right-of-way? Answer. YES Question: And how often have you engaged You or your staff engaged in the particular activity? Answer. How often does it rain down there? Question: Is it fairly often Answer: YES Question: Based on the rainfall. Answer. YES, just about every time it rains.”

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Roger Freberg

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Dear Senator Kehoe and all California Senators
Aanestad, Sam Alquist, Elaine Ashburn, Roy Calderon, Ron Cedillo, Gilbert Cogdill, Dave Corbett, Ellen Correa, Lou Cox, Dave Denham, Jeff DeSaulnier, Mark Ducheny, Denise Moreno Dutton, Robert D. Florez, Dean Hancock, Loni Harman, Tom Hollingsworth, Dennis Huff, Bob Kehoe, Christine Leno, Mark Liu, Carol Lowenthal, Alan S. Maldonado, Abel Oropeza, Jenny Padilla, Alex Pavley, Fran Price, Curren Romero, Gloria Runner, George Simitian, Joe Steinberg, Darrell Strickland, Tony Walters, Mimi Wiggins, Patricia Wolk, Lois Wright, Roderick Wyland, Mark Yee, Leland and all California News Media

Attached below are YouTube videos of Caltrans Caught shoveling contaminated storm water and debris into the Oceano Communities storm water drainage channel that now floods one of our State Highways, every time it rains.
Added to
Quicklist 1:02
Cal Trans November 26, 2008 after Judge Tangemans Decision calling this being a good …
Cal Trans November 26, 2008 after Judge Tangemans Decision calling this being a good …

San Luis Obispo Superior Court Judge Martin J. Tangeman has ruled this is just being a good neighbor, which has allowed Caltrans District 5 to continue their actions as seen in this first YouTube Video November 26, 2008.

Senator Kehoe, I ask that each California Senator is made aware of San Luis Obispo-Superior Court, Judge Martin J. Tangemans–August 5, 2008 Judgment Decision while this goes through the Appellate Court process and is made National News.

Please review Judge Tangemans Statements next to these You Tube Videos under Caltrans. My Web-Site http://www.oceanonursery.com has all of the Caltrans documents on it showing why they are now using State Highway 1 for storm water retention and endangering our publics health and safety in order to not flood the Baughman property!

Sincerely

Bill Bookout
1-805-773-2089

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