Oceano Train Wreck as seen in photo exhibits withheld from discovery by the County Of San Luis Obispo in exhibit # 579!
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."
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.
The Oceano Community Service District and Union Pacific Railroad have presented an exhibit # 1756 to the Second Appellate District Court dated April 21,1983 pages 11, 12, 13 showing OCSD taking use of this storm Water drainage Channel Caltrans, OCSD and County using State Hwy 1 for a storm water retention PDF. While the County of San Luis Obispo on Page 17 of their Appellate Brief show OCSD and Caltrans cutting the OCSD Well # 8 Six-inch pipe above once again changing any Stabilization this system might of had! Thus, changing what the County calls an accrual date!
Caltrans David Fry testified regarding Exhibit 579 photos of the OCSD Well # 8 Pipe and the Caltrans concrete bags above: Page 931 regarding exhibit # 579 Caltrans talks about their construction and drainage change in the drainage channel in December 2002 as seen in exhibit #579. Answer. "Mr. Bookout called me and asked me if I could come down and look at the pipe that -- A pipe that was inserted into the entrance of the culvert. So we went down there. I met with Mr. Bookout, and I also met with Phil Davis from the Oceano Community Service District. and Mr. Bookout's concern was that the pipe was blocking the entrance and, basically, the volume of the pipe. The --The Community Service District pipe was taking up some of the space the water could flow through the culvert." Question. Okay. Answer. "So his request was that the Oceano Community Services District cut the four-inch water pipe, shorten it so that it didn't actually go into the entrance to the culvert." Question. Was that done? Answer. "That was done And when we were discussing that, I suggested that they put concrete sacks at the bottom, you know, in the bottom underneath the culvert pipe coming out a few feet, so they didn't create a wetlands there. Because , basically, dumping extra water into the culvert ---I don't know how often OCSD flushes their water tank, but by adding extra water, if that was wet all year-round, you'd have Tules growing there and it would create a wet lands." So by placing something solid underneath it, then you would avoid that issue, because once that issue arises, then there's a whole new -- A whole new can of worms." Question. Additional problems? Answer. "Additional problems, Yes." Question Regarding what level -- What types of maintenance activities could be done in wetlands; Is that correct? Answer. "Correct."
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