Homeless woman appears in court

By NEIL HARTSTEIN NEWS-PRESS STAFF WRITER

A homeless woman appeared in court Monday for further arraignment on charges that she stole a cell phone from a witness who saw her standing outside an upper State Street restaurant moments after someone threw a rock that smashed the eatery’s front window Nelly Gackowska, 60, is charged with second-degree robbery and grand theft from a person, both felonies, in connection with the Christmas Eve incident outside Rudy’s Mexican restaurant, 3613 State St., Santa Barbara. A trial date was not set Monday, nor a pretrial readiness/settlement conference.

Instead, the case was continued to later this month, Deputy District Attorney Elizabeth Branch said.

“The defendant appeared in court yesterday. and the case was continued to 4/24 for further arraignment on the Information (formerly the complaint),” the prosecutor said Tuesday.

The defendant pleaded not guilty at her initial arraignment.

of the defendant at the scene, and because she was calling 9-1-1 to report the incident.

The M. Special brewery on State Street in downtown Santa Barbara recently simplified its parklet design. Restaurants have modified their parklets to meet city requirements.

By NEIL HARTSTEIN NEWS-PRESS STAFF WRITER

Some Santa Barbara restaurateurs continue to defy the city’s months-old requirements to ensure their dining parklets are accessible to people with disabilities, allow for stormwater runoff and adhere to new design standards.

And city staffers remain determined to make sure they comply through inspections, imposition of citations and fines and if necessary, removal of the outdoor facilities, either on their own or by the city.

Currently there are 92 parklets throughout the city, according to Meghan Salas, the parking programs supervisor.

Of these, 22 — more than a fourth — remain out of compliance with ADArequirements, Ms. Salas said.

The city’s deadline for compliance was Dec. 1.

Only two parklets have not been modified to ensure that stormwater can flow alongside or underneath them, she said. “But one may have been brought into compliance and needs to be re-inspected.”

The city’s deadline for stormwater compliance was Dec. 1, too. Since then, the city has endured a series of winter storms, including the huge storm in January that dumped several inches of rain. Staffers, however, reported only minor flooding onto sidewalks.

The design requirements, supposed to be in place Feb. 1, apply only to State Street. “We’ve issued eight notices of violation for more significant issues, but we expect to see the minor issues resolved as businesses submit applications for license agreements (required by May 1),” Ms. Salas said.

“Businesses on the promenade that don’t meet all design/ stormwater/accessibility requirements by the end of May will be issued removal notices,”

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But after a judge ruled that she should stand trial after her preliminary hearing, Ms. Gackowska was given a second chance to plead not guilty or guilty at a second arraignment.

She could receive a maximum sentence of five years in prison if she stands trial and is convicted.

The defendant represented herself at her preliminary hearing, but a public defender was appointed to represent her at her new arraignment.

The witness, Rebecca Brand, saw the front window of Rudy’s restaurant shatter before her eyes.

She contends that Ms. Gackowska forcibly took her cell phone from her moments later because she took pictures

Ms. Brand said the defendant injured her by repeatedly slamming her cell phone against her hip while trying to pry it from Ms. Brand’s hand, and that the alleged attack left her with a large bruise.

However, Ms. Brand never actually saw who threw the rock that broke the window, and prosecutors have declined to charge the defendant with that offense despite Rudy’s willingness to press charges.

“We don’t have enough evidence to prove a vandalism (incident) beyond a reasonable doubt, so that charge has not been filed for the broken window,” Ms. Branch said. email: nhartsteinnewspress@ gmail.com