Reference Documents

Friday, March 07, 2014

RWQCB and the Ever Present Ken Berry

Who is Ken Berry? OK, I confess. I'm getting down into the sewer weeds with this post. But as I always do, I was looking at the agenda for our Regional Water Quality Control Board's meeting today (it's in Salinas). I do this just to see if any sewer-related Los Osian thing might pop up. And the usual closed session legal case was there,

"4.    Los Osos CSD v. Central Coast Water Board (San Luis Obispo County Case No. CV 060146 (TSO 00-131)."

Ho-hum. That has been on there for years. But then, I noticed this,

"6.    Ken Berry, et al. v. Central Coast Water Board, et al. (Sacramento Superior Court; CEQA Challenge to Los Osos CDOs)"




Apparently I have been very remiss in not noticing this, maybe because I have never read anything about this and who the heck is Ken Berry? I know all the known past Los Osos CDO players, but Ken Berry isn't even on the radar. I found the case listed in the Sacrament courts but there was no online access to actual documents. So I looked back to see where this all started, maybe there would be a clue. Here are the dates of this case on our Water Board's closed session agenda:

Thursday, January 30, 2014, 9:00 a.m.
Thursday, December 5, 2013, 10:00 a.m.
Wednesday, October 9, 2013
Thursday, July 11, 2013
Thursday, May 30, 2013
Thursday, March 14, 2013
Friday, February 1, 2013
Thursday, December 6, 2012
October 3, 2012
Thursday, September 6, 2012
Wednesday, July 11, 2012
Thursday, May 3, 2012
March 14, 2012
Wednesday February 1, 2012
OK, I got bored here and skipped around and just picked a date in a year.
Thursday, February 3, 2011
Thursday, February 4, 2010
Thursday, February 5, 2009
Thursday, February 7, 2008

This one is special, so I did a copy and paste—Friday, December 7, 2007 
(SEVEN Los Osos cases on a 15 item closed session agenda.)

4.      Los Osos Community Services District v. Central Coast Water Board (ACL Order R3-2005-0137) (San Luis Obispo County Superior Court Case No. CV 060633);
5.      Central Coast Water Board v. Los Osos Community Services District (San Luis Obispo County Case No. CV-051074);
6.      Stephen Onstot, Gregory Murphy and Julie Tacker vs. Central Coast Water Board and State Water Board (San Luis Obispo County Case No. CV 060196; Second Dist. Ct. of Appeal Case No. B195375) (Public Records Act);
7.      Los Osos CSD v. Central Coast Regional Board (San Luis Obispo County Case No. CV 060146 (TSO 00-131);
8.      Los Osos Community Services District (Bankruptcy), Central District of California Case No. ND 06-10548-RR;
9.      Ken Berry, et al. v. Central Coast Regional Board, et al. (Sacramento Superior Court; CEQA Challenge to Los Osos CDOs);
10.  Prohibition Zone Legal Defense Fund, et al., v. Central Coast Regional Board, et al. (San Luis Obispo Superior Court Case No. CV070472) (Los Osos CDOs);

But I digress. To continue with Mr. Berry's footprints,

Friday, October 19, 2007
Ken Berry, et al. v. Central Coast Regional Board, et al. (Sacramento Superior Court; CEQA Challenge to Los Osos CDOs)

Berry was NOT on the closed session agenda Friday, September 7, 2007 or Thursday, August 23, 2007.

And here we finally are, the FIRST appearance,

Friday, July 6, 2007 Ken Berry et al.  v. Central Coast Water Board (Sacramento Superior Court Case No. 07CS00648).

So who the heck is Ken Berry? I did a bit of sleuthing and I will give a BRIEF rundown here, believe me, there is much more:

Spring 2003 Berry first appears online supporting an organization called "Recall Sanity." Its main concern was the plurality method of electing a new governor if California Governor Gray Davis was recalled.

(Next, and I have already listed this above, Friday, July 6, 2007 Ken Berry's case appears for the first time on the Regional Water Quality Control Board's list of closed session items: Ken Berry et al.  v. Central Coast Water Board [Sacramento Superior Court Case No. 07CS00648]).

October 2, 2008 Ken Berry writes to the Central Valley RWQCB his intent to comment and advance future actions on five projects in three different counties on three wastewater treatment plants, a landfill and the Port of Stockton all regarding Cleanup and Abatement Orders (CAOs) or Cease and Desist Orders (CDOs).

December 2008, Berry appeals the Amador Planning Commission's decision to certify an EIR for a subdivision project.

July 7, 2009 at the State Water Resources Control Board Berry files a petition on the City of Richmond's CAO.

September 2009 one finds Ken Berry In Pro Per against the City of Willits, Willits Environmental Remediation Trust, SWRCB - "Amendment of Petition for Review of Refusal To Enforce the California Water Code and the United States Clean Water Act , Darby Creek."

March 2010, Berry starts on the path to a lawsuit against a gravity water line project.

February 2, Ken Berry files a lawsuit in Amador County seeking Sutter Creek to rewrite it EIR for the Gold Rush Ranch & Golf Resort.

March 12, 2012, Jackson, California residents Ken Perano and Ken Berry filed a lawsuit in Amador County Superior Court against the Amador Water Agency (AWA).

Listed in a news article for 2012 was a case Berry filed in Mendocino County but I couldn't find it searching the Mendocino court cases.

Mr. Berry's address and phone number are readily available online and I was tempted to call or write to him to ask why, WHY? My observations are that there appears to be time, money and a repetitive legal wish to have various public and private entities to see things the Ken Berry way. He did not vanish as did the PZLDF CDO case, which lost, was aced out, erased from the Water Board's closed session list NO! he hangs in there, year after year after year in a limbo, a stasis of simply appearing to have some bone to pick for Los Osos. The burning question remains of course, once the sewer is built, will this case live on to bolster the dicey reputation of the sewer story that would not die?

I prefer to let the mystery remain and leave it here, in pixels, an unfinished story in the many chapters of weirdness that populate the Los Osos sewer saga.

PS, link to more weeds (on a Writ of Mandate). And "California Citizens for Environmental Justice" is a dead end on Google. I didn't get into the Donna Avila part, that would be a whole other story.




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