HomeMy WebLinkAbout11-10-2014 PC MohanCOUNCIL MEETING: 110-
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ITEM NO.: VO W A e f
Meiia, Antho
From: Marx, Jan Y T "-�j
Sent: Monday, November 10, 2014 10:30 AM NOV 1 0 2014
To: Mejia, Anthony
Cc: catsdad @sbcglobal.net
Subject: Fw: 1179 San Carlos - Settlement Agreement in Civil CLO CITY CLERK
Thank you, for your message. I am forwarding it to our city clerk, so that it becomes part of the public record
and is posted on our website as agenda correspondence.
Best
Jan
From: Terry Mohan [mailto:catsdad @sbcglobal.net]
Sent: Monday, November 10, 2014 9:54 AM
To: Lease, Joseph
Cc: Ashbaugh, John; Smith, Kathy; Christianson, Carlyn; Carpenter, Dan; Marx, Jan; Ansolabehere, Jon; Dietrick,
Christine; Ross, Ben; Johnson, Derek; botwin @att.net; Olson, Garret; dunawayfields @yahoo.com; Lichtig, Katie; Debra
Zavala <debrazavala2 @aol.com> (debrazavala2 @aol.com); Cornejo, Rafael; Stephenson, Lindsey; Slusher, Tina;
Simpson, Jim
Subject: Re: 1179 San Carlos - Settlement Agreement in Civil Case
Joseph,
I have been told this item may go in front of the City Council at their November 18 meeting and would
like to voice my dissatisfaction with the agreement proposed to allow Mr. Petetit to continue his
charade of being a big time developer. He does not have the money to build the house he proposes,
if I were on the council I would make him produce proof that he has the cash or financing, and if he
does, making a good faith deposit of $25,000 for all the trouble he has caused should not be a
problem.
1. How he ever got a building permit for $2066 should be the first thing investigated. It should be in
the $10,000 range as other rebuilds, without impact fees, on established lots are charged. He should
not have his permits reinstated as they did not just expire they were canceled. Lets start fresh with
the permits and make sure the city isn't short changed this time.
2. The phrase "substantial progress" is to vague and wide open to interpretation. It would only entice
Mr. Petetit's attorney to threaten court action, which is what the city is cowering against with this
agreement. A definitive time line monitored weekly would be more appropriate in this case.
3. $25,000 was the original deposit quoted to me when I started this current complaint. This is fair as
it will incentivize Mr. Petetit to follow through with his promises and if he doesn't have the money to
proceed he will not risk that amount on the deceptions he has pursuing these past four and a half
years. Your quote to abate the property as it sits now was around $7000, if he is allowed to start
construction and pour concrete into the foundation trench already there the cost to abate the property
in the event of his going back on his word would greatly increase. That is another reason to get
$25,000, to protect the city from any financial loss on this property.
4. Finally the consensus in the neighborhood is to get the fence down and the lot returned to original
landscaping. The best avenue would be to use some of the left over Measure Y funds earmarked for
Code Enforcement, pursue the current civil complaint, get a warrant to abate, and lien the
property. Then let Mr. Petetit start over with readjusted permit charges when he can come up with
the funds.
The neighborhood has put up long enough with the coddling and sweet heart deals for Mr.
Petetit. Lets not sell out the taxpaying neighborhood residents to indulge this opportunistic non
resident.
Terry Mohan.,
From: "Lease, Joseph" <tleasegsloc ty.oro>
To: Terry Mohan <catsdad cDsbcglobaLnet>
Cc: "Ashbaugh, John" <iashbaugh(@ slocity.org >; "Smith, Kathy" <ksmith(a�slocitv.org >; "Christianson, Carlyn"
<cchristianson(a�slocity.org >; "Carpenter, Dan" <dcarpenter(a)slocity.org >; "Marx, Jan" <jmarx(a)slocity.org >;
"Ansolabehere, Jon" <JAnsolabehere a(D.slocity.org >; "Dietrick, Christine" <cdietrick(c).slocity.org >; "Ross, Ben"
<bross(cDslocity.org >; "Johnson, Derek" <diohnson(a)slocity.org >; "botwin(o)att.net" <botwin(cDatt.net >; "Olson, Garret"
<golson(a.slocity.org >; "dunawa)fields(�yahoo.com" <dunawayfields(@yahoo.com >; "Lichtig, Katie"
<klichtig(cDslocity.orq >; "Debra Zavala <debrazavala2aaol.com> (debrazavala2a- aol.com)" <debrazavala2a_aol.com >;
"Cornejo, Rafael" <rcorneioaslocitv.org>; "Stephenson, Lindsey" <lstephenson(a.slocity.org>; "Slusher, Tina"
<tslusher(a slocity.org >; "Simpson, Jim" <Isimpsonaslocity.org>
Sent: Monday, October 20, 2014 5:42 PM
Subject: RE: 1179 San Carlos - Settlement Agreement in Civil Case
Hello Terry, et al,
As a follow up to our meeting with the owner and his attorney last week, Assistant City Attorney Jon
Ansolabehere, has drafted a settlement agreement for the Civil Complaint that was filed in Superior Court last
week. The Agreement includes the following provisions:
1. Payment of $1033 within 3 days of agreement for the reissuance of the expired Building Permit.
2. Owner must obtain at least one inspection every 30 days and demonstrate that substantial progress has
been made since the last prior inspection. Failure to show substantial progress for each 30 day period shall be
considered a breach of the Agreement.
3. A financial guarantee in the form of a certificate of deposit made payable to the City shall be provided in
the amount of $7000 as a condition of reissuance of the building permit. The CD shall be forfeited if a breach
of the agreement occurs and the City may use the funds to abate any nuisance conditions on the property.
4. During the course of construction the owner shall comply with all City rules and regulations, including, but
not limited to removing weeds or overgrown vegetation and maintaining BMP's to control potential erosion and
prevent stormwater violations.
5. The construction fencing around the property shall be secured and locked when the owner, contractor or
construction workers are not on the site.
6. The owner shall make a $1500 payment towards the Administrative Fines accrued to date. Remaining
balance of $13,200 shall be held in abeyance and become due and payable if the owner breaches the
agreement, and shall be dismissed absent any breach upon issuance of a certificate of occupancy for the
completed dwelling.
We expect the agreement to be signed shortly and the project to get back on track with these new
requirements to promote the expeditious completion of the project.
Thank You,
Joseph Lease
Chief Building Official
s r
-� CTIT OF
SHR LULIS OBISPO
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401 -3218
E jlease @slocity.org
T 805.781.7159
slocity.org
From: Lease, Joseph
Sent: Tuesday, October 14, 2014 11:10 AM
To: 'Terry Mohan'
Cc: Ashbaugh, John; Smith, Kathy; Christianson, Carlyn; Carpenter, Dan; Marx, Jan; Ansolabehere, Jon; Dietrick,
Christine; Ross, Ben; Johnson, Derek; 'botwin @att.net'; Olson, Garret; 'dunawayfields @yahoo.com'; Lichtig, Katie; 'Debra
Zavala <debrazavala26d�aol.com> (debrazavala2(ci)aoi.corn)'
Subject: RE: 1179 San Carlos - Meeting
Terry,
We were not able to confirm the meeting this morning. The meeting has been reschedule to 4:00 PM on
Wednesday, October 15th at the Community Development Dept., 919 Palm St.
Thank You,
Joseph Lease
Chief Building Official
opt T 46
as
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401 -3218
E jlease @slocity.org
T 805.781.7159
slocity.org
From: Lease, Joseph
Sent: Monday, October 13, 2014 10:17 PM
To: 'Terry Mohan'
Cc: Ashbaugh, John; Smith, Kathy; Christianson, Carlyn; Carpenter, Dan; Marx, Jan; Ansolabehere, Jon; Dietrick,
Christine; Ross, Ben; Johnson, Derek; botwin d( att.net; Olson, Garret; dunawayfields(cDyahoo.com; Lichtig, Katie; Debra
Zavala <debrazavala2(a�aol.com> (debrazavala2(a)aol.com)
Subject: RE: 1179 San Carlos - Meeting
Hello Terry,
I will send an email update as soon as I am able to confirm the meeting in the morning.
Thank You,
Joseph Lease
Chief Building Official
t y
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Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401 -3218
E jlease @slocity.org
T 805.781.7159
slocity.org
From: Terry Mohan fmailto:catsdad(_sbcglobal.net]
Sent: Monday, October 13, 2014 8:02 PM
To: Lease, Joseph
Cc: Ashbaugh, John; Smith, Kathy; Christianson, Carlyn; Carpenter, Dan; Marx, Jan; Ansolabehere, Jon; Dietrick,
Christine; Ross, Ben; Johnson, Derek; botwin(a7att.net; Olson, Garret; dunawa ie#dsQ)yahoo.com; Lichtig, Katie; Debra
Zavala <dgbrazavala2(a) aol.om> (debrazavala2 a(7,aol.com}
Subject: Re: 1179 San Carlos - Meeting
Joseph,
As I said this is not a convenient time for me to attend but I will call if I can rearrange my schedule to
see if the meeting is on.
Terry Mohan
From: "Lease, Joseph" <Ilease(a7�,slocit.y.org>
To: "catsdad(absbcgloba1.net" <catsdad(cDsbcglobal.net>
Cc: "Ashbaugh, John" <jashbaugh(cDslocity.org >; "Smith, Kathy" <ksmith(cDslocity.org >; "Christianson, Carlyn"
<cchristianson(cDslocity.org >; "Carpenter, Dan" <dcarpenter(cDslocity.org >; "Marx, Jan" Imarx(a)slocity.orq >;
" Ansolabehere, Jon" <JAnsolabehereaslocitv.org >; " Dietrick, Christine" <cdietrick(cDslocity.org >; "Ross, Ben"
<bross(cDslocity.orq >; "Johnson, Derek" <diohnson(cD_slocity.org >; "botwin(cDatt.net" <botwin(@att.net >; "Olson, Garret"
<golson(a@slocity.org >; "dunawa)fields(a)vahoo.com" <dunawayfieldsayahoo.com >; "Lichtig, Katie"
<klichtig(cDslocity.orq >; "Debra Zavala <debrazavala2(cDaol.com> (debrazavala2(cDaol.com)" <debrazavala2(aD-aol.com >;
"Marx, Jan" <jmarxa-slocity.org>
Sent: Monday, October 13, 2014 5:52 PM
Subject: RE: 1179 San Carlos - Meeting
I have tentatively rescheduled this meeting for 10:00 AM Tuesday, October 14, 2014, at the Community Development
Department, 919 Palm Street. I am awaiting confirmation.
Thank You,
Joseph Lease
Chief Building Official
�{ QF
SPM LM- S OBISPU
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401 -3218
E ilease@slocity.org
T 805.781.7159
slocity.org
From: Lease, Joseph
Sent: Monday, October 06, 2014 5:27 PM
To: Marx, Jan
Cc: 'catsdad @sbcglobal.net; Ashbaugh, John; Smith, Kathy; Christianson, Carlyn; Carpenter, Dan; Marx, Jan; Ansolabehere, Jon;
Dietrick, Christine; Ross, Ben; Johnson, Derek;'botwin @att.net; Olson, Garret;'dunawayfields @yahoo.com; Lichtig, Katie; Debra
Zavala <debrazavala2J0aol.com> (debrazavala2@aol.com)
Subject: 1179 San Carlos - Cancellation of Meeting
Just got word from the owner's agent that they can't attend the meeting in the morning and it will have to be rescheduled
for Wednesday. We are awaiting a confirmation of the time. In the meantime we are proceeding with the issuance of the
3`d Administrative Citation ($500 per violation per day) which will be issued in the morning.
Thank You,
Joseph Lease
Chief Building Official
Y -6
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4s
r �;l
r
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401 -3218
E jlease @slocity.org
T 805.781.7159
slocity.org
From: Lease, Joseph
Sent: Monday, October 06, 2014 12:26 PM
To: Marx, Jan
Cc: catsdadksbcglobal.net; Ashbaugh, John; Smith, Kathy; Christianson, Carlyn; Carpenter, Dan; Marx, Jan; Ansolabehere, Jon;
Dietrick, Christine; Ross, Ben; Johnson, Derek;'botwin @att.net; Olson, Garret;'dunawayfields @yahoo.com; Lichtig, Katie; Debra
Zavala <debrazavala2(a-aol.com> (debrazavala2kaol.com)
Subject: RE: 1179 San Carlos
Community Development staff met with the owner's representative at the site this morning. They have requested a
meeting with staff to discuss the options for the property. The two basic options are 1)completing the demolition, grading
the vacant lot and removing the fence, or 2)renewing the building permit and proceeding in an expeditious manner to
complete the construction. If they wish to pursue option 2 we will be demanding substantial security, a strict timeline for
completion and an abatement agreement with stiff penalties for any breach as a condition of the permit renewal. The
meeting is scheduled for Tuesday, October 7, 2014, at 8:00 AM at the Community Development Department, 919 Palm
Street. City Attorney and CDD Staff will be in attendance and concerned neighbors are welcome.
Thank You,
Joseph Lease
Chief Building Official
A CrrY OF
SfMLMSOBISPO
t+�rs
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401 -3218
E jlease @slocity.org
T 805.781.7159
slocity.org
From: Marx, Jan
Sent: Monday, October 06, 2014 9:12 AM
To: Lease, Joseph
Cc: catsdad sbcfflabal.net
Subject: RE: 1179 San Carlos
Thank you for helping the city deal with this serious problem; Terry. Please continue to do all you can within the law, Joseph, to get
this situation resolved as soon as possible.
Best
Jan
Mayor Jan Marx
• 1
'x0
Office of the City Council
990 Palm Street, San Luis Obispo, CA 93401 -3249
E jmarx @slocity.org
T 805.781.7120
slocity.org
From: Lease, Joseph
Sent: Monday, October 06, 2014 8:47 AM
To: Terry Mohan
Cc: Ashbaugh, John; Smith, Kathy; Christianson, Carlyn; Carpenter, Dan; Marx, Jan; Ansolabehere, Jon; Dietrick, Christine; Ross,
Ben; Johnson, Derek; botwinkatt.net; Olson, Garret; dunawayfieldskyahoo.com; Lichtig, Katie; Debra Zavala
Subject: RE: 1179 San Carlos
Thanks for the update Terry. CEO Cocina, who will be handling the case in Ben's absence, and myself will be on site at
9:00 AM this morning.
Thanks,
Joseph Lease
Chief Building Official
+ CITY OF
A SfM MUS OBISPO
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401 -3218
E jlease @slocity.org
T 805.781,7159
slocity.org
From: Terry Mohan [iiiailko:catscit4Cliei.s ]eglobal.net]
Sent: Monday, October 06, 2014 4:10 AM
To: Lease, Joseph
Cc: Ashbaugh, John; Smith, Kathy; Christianson, Carlyn; Carpenter, Dan; Marx, Jan; Ansolabehere, Jon; Dietrick, Christine; Ross,
Ben; Johnson, Derek; botwin(a att.net; Olson, Garret; dunawa tields&yahoo.com; Liehtig, Katie; Debra Zavala
Subject: Re: 1179 San Carlos
On Friday afternoon I spoke with a fellow named Marty, who said he represented Ryan Petetit, and a contractor
as they discussed the lot at 1179 San Carlos. They said they would be starting the clean up on Monday at which
time a code enforcement officer would be present. Not Ben Ross as he is on vacation.
Saturday morning at 7 AM a backhoe was dropped off and a couple of workers arrived at 8 AM with the
intention of starting the cleanup. As it was already in the eighties and the dirt on the lot was bone dry I told
them they would need water before they started to move the dirt. With the close proximity of the adjacent
houses the dust raised without water would all but suffocate the occupants. I also asked about their permits to
do the work but, of course they didn't have one. It took about two and a half hours to get a water trailer. Upon
seeing this small trailer I commented it would not be enough to do the job which prompted one of the workers
to ask whether I worked for the city or was in the construction business. Marty also asked if I was in the
construction business, which I guess I could be dismissed because I did not have the expert knowledge it takes
to move dirt around and raise a lot of dust.
I walked away and called the police to see if they had any weekend contacts for Neighborhood Wellness
workers who might be on duty. They did not. I left a message for the watch commander. Under my constant
observation the loading of two truck loads of dirt went smoothly and dust free. Sgt. Gillham from the police
department returned my call in the afternoon he gave me the municipal code that prohibited commercial work
on Sunday and said to call if the workers came back then. Around 3:30 PM the remaining worker, having long
exhausted the water to control the dust, started cleaning off the slab with the backhoe which started dust
blowing toward my house so I went over and told him to stop as the slab was only going to be removed and a
few inches of dirt on top of it didn't matter. I also told him the police told me they were not to be working on
Sunday to tell his boss.
At 7:45 AM Sunday morning I heard the large dump truck from the day before rolling into the
neighborhood. As he parked in front of 1179 San Carlos I confronted the driver with a copy of the code,
9.12.050 in case you ever have to use it, prohibiting commercial construction work on Sundays. He said he
didn't care about the code and that I didn't know what he was there for. I told him if he started any equipment I
would call the police, which he said he was also unconcerned about. After spending about five minutes making
sure the hose was packed securely on the water trailer, which it had been by the fellow the night before, and
walking onto the lot the make sure the dirt was still there he got in his truck and left. I guess I didn't know why
he was sent out on Sunday morning. It must be some secret construction ritual to send a five yard dump truck
from Santa Maria to make sure no one messed with their rental trailer or stole any of their dirt.
As Ryan Petetit and his associates are consistent in their pursuit to be obnoxious and a nuisance to anyone who
crosses them I expect them to show up at 7 AM or before this Monday morning to wake up the neighbors and
start trouble before the code enforcement officer arrives. I am off on Mondays, so we will see if a code
enforcement officer does not show up how long it will be before I have to call the police.
While pursuing other information on the city web site I came across council note from February 7, 2014. A
description of the meeting of AUGUST 19, 2013 with the owner and city officials to clean up the lot at 1179
San Carlos, pay the then $3023 fines, reinstate their permits and demolish the house. According to these notes
"the code enforcement case would remain OPEN and be MONITORED until such time the building permit is
finaled and a new building is built on the property ". Even after numerous calls from neighbors and other totally
flabbergasted passerby's since AUGUST, 2013 that the city would allow this property to become so disheveled
we are no better off than when they dug the foundation trenches in February, 2014. Mr. Petetit has not incurred
any fines since AUGUST, 2013 even though he has totally ignored the directives of his Abatement Agreement.
I dreaded getting involved again in getting this lot cleaned up, and hopefully have Mr. Petetit evicted, as I knew
it would be a full time job. Having contacted the city to act every six to eight months over the past four years
has achieved only temporary compliance by the owner and then it begins again. Unfortunately I can not rely on
the city to follow through in this case. The geed and development craze that has enveloped the city has opened
our once tranquil and bucolic city to the likes of Mr. Petetit.
I am requesting that any meeting with Mr. Petetit and his representatives concerning any actions to be taken at
1179 San Carlos, including the issuing of any permits or abatement agreements be announce to the
neighborhood and these meetings be open to the public as any administrative or advisory committee meeting
would be.
Terry Mohan
2416 Santa Clara
San Luis Obispo, CA 93401
From: "Lease, Joseph" <ileasedslocit .or >
To: Terry Mohan <catsdad a)sbc 1obal.net>
Cc: "Ashbaugh, John" <iashbaugh @slocity.org >; "Smith, Kathy" <ksmithAslocity.org >; "Christianson, Carlyn"
(a
ecchristiansvn slocity.org >; "Carpenter, Dan " <dcarpenterCc slocit+�org>; "Marx, Jan" <imarxf r7slveity.org>; "Ansolabehere, Jon"
<JAnsolabehereg.slocib org >; "Dietrick, Christine" <cdietrickkslocity.org >; "Ross, Ben" <bross(u}skocity.org >; "Johnson, Derek"
<diohnson0),,slocity.org>; "botwin(a),att.net" <botwin@att.net > ;"Olson, Garret" <,golson(dWocity.org >;
"joiesimpson53@hotmail.com" <Joiesimpson53(j�hotmail.com >; "dunawayfields aJYahoo.com" <dunawayfields&yahoo.com >;
"Lichtig, Katie" <klichtig�a,slociky orQ >; Debra Zavala <debrazavala2kaol.com>
Sent: Thursday, October 2, 2014 6:28 PM
Subject: RE: 1179 San Carlos
Here's an update for all concerned:
The 2 "d Administrative Citation with fines of $200 per violation per day ($600) was issued today. Some minor activity
was noted on the property today but nothing approaching compliance. We will ask the City Attorney's office to proceed
with the civil complaint and proceed with the issuance of the 3`d Administrative Citation ($500 per violation or $1500 per
day) on Monday.
Thank You,
Joseph Lease
Chief Building Official
G� Y �
Is ` ,
Q
a ;
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401 -3218
E jlease @slocity.org
T 805.781.7159
slocity.org
From: Lease, Joseph
Sent: Monday, September 29, 2014 11:19 AM
To: 'Terry Mohan'
Cc: Ashbaugh, John; Smith, Kathy; Christianson, Carlyn; Carpenter, Dan; Marx, Jan; Ansolabehere, Jon; Dietrick, Christine; Ross,
Ben; Johnson, Derek; botwinkatt.net; Olson, Garret; joiesimpson53khotmail.com; dunawayfieldskyahoo.com; Lichtig, Katie;
'Debra Zavala'
Subject: RE: 1179 San Carlos
Hello Mr. Mohan,
I am writing as a follow up to your email below and our phone conversation this morning. There has not been an
administrative hearing before an impartial adjudicative body regarding 1179 San Carlos. The meeting between staff, the
property owner Mr. Petitit and his attorney in September 2013 would not qualify as such a hearing. The purpose of the
meeting was to try to focus the owner's attention on the problems at the property at that time, which included the
dilapidated and abandoned dwelling, overgrown weeds and drainage problems, and to secure a commitment to correct the
violations. The people present during that meeting were Ryan Petitit, his attorney, John Belsher, Code Enforcement
Officer Ben Ross, Assistant City Attorney Andrea Visveshara, and myself. Since this was an informal meeting, as
opposed to a public hearing, the meeting was not noticed and no minutes were taken. A copy of the abatement agreement
which resulted from the meeting is attached. As I have noted previously, the owner had met all of the conditions of the
abatement agreement by January 2014, including payment of outstanding fines, obtaining the building permit, demolition
of the dwelling unit, cutting the overgrown vegetation, and commencing construction, and the case was closed.
As to the new case, Code Enforcement Officer Ben Ross visited the property this morning and reported that the
overgrown vegetation had been cut, but that no action had been taken on the other violations cited in the NOV. Since
yesterday was the deadline for the NOV, Ben will issue an Administrative Citation today with fines of $100 per day per
violation (i.e. $300 /day) for the outstanding violations. We are going to attempt personal service to the owner and his
attorney, and if successful we will let the administrative fines run for three days and then issue a new citation with fines
escalated to $200 /day /violation if corrective action isn't obtained. Likewise, the fines will escalate to $500 /day /violation
with the third administrative citation. In addition, we will deliver a copy of the civil complaint prepared by the Asst. City
Attorney. We will inspect the property daily to determine if and when the corrections are completed and the daily fines
should cease.
Thank You,
Joseph Lease
Chief Building Official
r � Q • ,
-�- R I
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401 -3218
E jlease @slocity.org
T 805.781.7159
slocity.org
From: Terry Mohan [ m :tilio:catsdadL&sbcglobal.tiet]
Sent: Friday, September 26, 2014 4:10 PM
To: Lease, Joseph
Cc: Ashbaugh, John; Smith, Kathy; Christianson, Carlyn; Carpenter, Dan; Marx, Jan; Ansolabehere, Jon; Dietrick, Christine; Ross,
Ben; Johnson, Derek; botwingatt.net; Olson, Garret; ioiesimpson53khotmail.com; dunawayfieldsgyahoo.com; Lichtig, Katie
Subject: Re: 1179 San Carlos
Mr. Lease,
I have spoken to an attorney and he questioned why there should be a second administrative meeting to cover "due
process "? Was it not explained to Mr. Petetit what the consequences would be should he stop construction and not clean up the
lot? Surely his attorney must be well aware of the city codes and should have made it known to him. How many times must this
be explained.
I was asked to obtain minutes of the September 2013 Abatement Agreement meeting to verify what transpired there. I also
need a copy of the Abatement Agreement with the appropriate signatures as to who agreed to what. Who's complaint
precipitated this agreement? Were they invited to attend the meeting? Were any members of the public notified of this
meeting? Did any attend? What city officials attended the meeting and was Mr. Petetit present or was he just represented by
his attorney? I would like to get this information ASAP as enough time has been spent on this matter already and I am setting
up a meeting to pursue MY legal rights. You can email these items to me or I can pick them up at Community Development
Department after 1 PM on Monday the 29. If you would like me to go to the City Clerks office and make an official request for
public documents we can go that route also.
It appears someone has spoken to the county health department so I will be going in person to straighten that out. I will also be
contacting the Deed of Trust holders on the property now that Mr. Petetit has broken the covenants of the Deed, opening up the
question of ownership of 1179 San Carlos, and since Mr. Petetit has no assets of value, by plan, we will also be going after
them.
I learned a new phrase today, regulatory capture, it was referring to the Federal Reserves cozy relationship with Goldman Sachs
to the detriment of the public interest. Having been a resident of San Luis Obispo for twenty years I've noticed since 2000 that
regulatory capture has become very prevalent in our fair city.
Terry Mohan
From: "Lease, Joseph" <jlease(&—slocity.org>
To: Terry Mohan <catsdad(asbcQlobal.net>
Cc: "Ashbaugh, John" <jashbaugh(a,slocity.org >; "Smith, Kathy" <ksmithng,slocity.org >; "Christianson, Carlyn"
<cchristiansonp_slocity.org >; "Carpenter, Dan" <dcarpenterkslocity.org>; "Marx, Jan" <jmarxkslocity.org >; " Ansolabehere, Jon"
<JAnsolabeherekslocity.org >; "Dietrick, Christine" <cdietrickkslocity.org >; "Ross, Ben" <brosskslocitLorg >; "Johnson, Derek"
<djohnsonkslocity.ore >; "botwinkatt.net" <botwinkatt.net >; "Olson, Garret" < og lsonkslocit ".or
"ioiesimpson53khotmail.com" <joiesimpson53khotmail.com >; "dunawayfieldskyahoo.com" <dunawayfieldskyahoo.com >;
"Lichtig, Katie" <klichtigkslocity.org>
Sent: Friday, September 26, 2014 9:36 AM
Subject: RE: 1179 San Carlos
Good Morning Mr. Mohan,
OK, I will leave the invitation open and we will continue to provide updates as we move forward.
Thank You,
Joseph Lease
10
Chief Building Official
Flo I U1
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401 -3218
E jlease @slocity.org
T 805.781.7159
slocity.org
From: Terry Mohan [mail to:catsdadLesbcglobal.net]
Sent: Thursday, September 25, 2014 9:15 PM
To: Lease, Joseph
Cc: Ashbaugh, John; Smith, Kathy; Christianson, Carlyn; Carpenter, Dan; Marx, Jan; Ansolabehere, Jon; Dietrick, Christine; Ross,
Ben; Johnson, Derek; botwin &att.net; Olson, Garret; joiesimpson53Qhotnnail.com; d_ttnawayficldsaryaiioo.coni; Lichtig, Katie
Subject: Re: 1179 San Carlos
No, Joseph I don't see any reason to meet with you and the other guy. You've already decided that you are not going to enforce
the law of the city. It's a different excuse every day.
You want exigent circumstances fine. As a taxpayer I am requesting a complete health department survey of the property to
acertain that there are no hazardous spores, mosquito breeding habitat, vermin or hazardous plants growing there. If you need
me to swear out a complaint to obtain a search warrant just call me and I can stop Friday ( today) or Monday. There are
elementary school students walking by this lot daily and several children as well as elderly residents in the neighborhood that
would be in danger should there be some kind of pathogen in that rubble especially now that the winds are picking up.
I'm ready to help anyway I can to get this lot cleaned up, with the ideal outcome to force Ryan Petetit from this property. But
unfortunately the council and administration appear to content to appease him against the wishes of the neighborhood.
You know what they say Joe, once they step on you you'll forever be their door mat. This unscrupulous clown has been
walking all over the city and it's residents for three years now and when he puts another over on you he'll just continue to grind
in his heel. It's a pretty pathetic situation.
Terry Mohan
215 -3333
From: "Lease, Joseph" <iiease @slocity.org>
To: Terry Mohan <catsdadf)sbcglobal.net>
Cc: "Ashbaugh, John" <jashbaughfalslocity.org >; "Smith, Kathy" <ksmithp_slocity.org >; "Christianson, Carlyn"
<cchristiansonp_slocity.org >; "Carpenter, Dan" <dcarpentergslocit" >; "Marx, Jan" <imarx@a,slocity.org >; "Ansolabehere, Jon"
<JAnsolabehere kslocity.org >; " Dietrick, Christine" <cdietrickgslocity.org >; "Ross, Ben" <bross(a,slocity.org >; "Johnson, Derek"
<diohnsongslocity.org >; "botwinp_att.net" <botwinp_att.net>; "Olson, Garret" <golsonkslocitLorg >;
"joiesimpson53(2hotmail.com" <ioiesimpson53P_hotmail.com >; "dunawayfieldskyahoo.com" <dunawayfieldskyahoo.com >;
"Lichtig, Katie" <klichti slocity.org>
Sent: Thursday, September 25, 2014 10:51 AM
Subject: RE: 1179 San Carlos
Hello Mr. Mohan,
Asst. City Attorney Jon Ansolabehere and I are available to meet with you and other concerned residents to discuss this
problem. We are available tomorrow and can meet there at the site if you so desire. Is there a time that is good for you or
the other residents that may wish to attend?
Thank You,
Joseph Lease
Chief Building Official
11
1
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401 -3218
E jlease @slocity.org
T 805.781.7159
slocity.org
From: Terry Mohan [ manta :catsdad@sbcgloba[.net]
Sent: Wednesday, September 24, 2014 9:14 PM
To: Lease, Joseph; Lichtig, Katie
Cc: Ashbaugh, John; Smith, Kathy; Christianson, Carlyn; Carpenter, Dan; Marx, Jan; Ansolabehere, Jon; Dietrick, Christine; Ross,
Ben; Johnson, Derek; botwin @att.ne.t; Olson, Garret; joiesimpson53 &ihotmail.com
Subject: Re: 1179 San Carlos
Joe,
I didn't receive any notification of your planned meeting on Tuesday so I can assume your are intending to put the matter of
1179 San Carlos on the back burner again. I was not impressed by the no action Notice of Violation that was sent to Mr.
Petetit. By the way was it sent to his Arroyo Grande address from which all the mail is returned or could someone hand it to
him in one of his many trips into the Community Development Department?
The neighborhood expects action and if you are unable to find it in your power to get the lot cleaned up then we will be forced
to relay on the authority of the Fire Chief. I am requesting that the City Council direct the Fire Chief to send a letter of
abatement per SLOMC 8.08.040 and have it in the mail to be postmarked no later than Friday, September 26, 2014. This will
give Mr Petetit an additional week to clean up the a fore mentioned lot. If after ten days ( October 6, 2014 ) he still refuses to
comply the neighborhood expects that the Fire Chief perform his designated duty and enforce SLOMC 8.80.050 and get crews
in there to remove the fence and clean up the lot. By that time I should also have a declaration from the county health
department declaring the property currently unsafe, and unhealthy with the potential as a mosquito and vermin infested area
should the slightest amount of rain fall, if is isn't already.
Forget about going to the courts for Abatement orders, the above code gives the Fire Chief all the police powers he needs, don't
worry about the money as it has already been reported there is a $4 million surplus of Measure Y money and one of the top
priorities listed to sell the tax was code enforcement. What's the use of passing laws if you are not going to enforce them. This
individual is a special case with nothing to lose as he owns no property and has no assets per design, After studying the Deeds
of Trust at county hall his demolition and negligence of the property pretty much voided any claim he has to the property. I am
also looking into the responsibilities of the beneficiaries of the trust. As far as liability from Mr. Petetit it never seems to
bother the city officials to expend tens of thousands of dollars of taxpayer funds on consultants to sell their ideas. How about
using some of that Measure Y money to hire a big time lawyer to defend the city and also have the property at 1179 San Carlos
declared abandoned and then the city will recoup more than enough of its investment after it auctions it off.
I am not getting paid to do your job and I am extremely unhappy to find out Mr. Petetit was right under your nose when I was
told numerous times since the construction stopped that your department couldn't get a hold of him. I am also dissatisfied that
with all the Neighborhood Wellness personnel, code enforcement officers and numerous other city personnel roaming around
our neighborhood that have past this property since construction stopped in February that a proactive approach was not taken to
find out what was going on considering the reputation of the "owner" and the Abatement Agreement of SEPTEMBER 2013.
1 would also like to get a copy of this September 2013 Abatement Agreement. I will be in touch the Fire Chief to see when the
letter I requested was mailed.
Terry Mohan
Z
From: "Lease, Joseph" <jleasekslocity.org>
To: "Lichtig, Katie" <klichtigkslocity.org>
Cc: "Ashbaugh, John" <jashbaugh(aslocity.org >; "Smith, Kathy" <ksmithkslocit .or >; "Christianson, Carlyn"
<cchristianson(aslocity.org >; "Carpenter, Dan" <dcarpenterkslocity.org >; "Marc, Jan" <imarxkslocity.org >; "Ansolabehere, Jon"
<JAnsolabeherenaeslocity.org>; "Dietrick, Christine" <cdietrickgslocity.org >; "Ross, Ben" <brosskslocity.org >; "Johnson, Derek"
<diohnson@slocity.org >; "botwin e,att.net" <botwingatt.net>; "Olson, Garret" < og_lsonp_slocit y.org >;
1oiesimpson53khotmai1.com" <joiesimpson53khotmail.com >; "catsdad@sbcglobal.nct" <catsdadksbcglobal.net>
Sent: Monday, September 22, 2014 6:50 PM
Subject: 1179 San Carlos
Hello Katie,
Some background on the past code enforcement action relating to this property is in order. Following the
issuance of a Notice of Violation and several Administrative Citations, code enforcement staff worked with
Assistant City Attorney Visveshara on an Abatement Agreement in September 2013, that required the owner to
obtain the building permit, demo the existing dilapidated house, commence construction on the new house,
correct stormwater violations relating to the construction, remove the overgrown weeds and pay $3023 in
outstanding administrative fines. By the end of January 2014 the house had been demolished, they were
excavating for the new foundations, and all other conditions of the abatement agreement had been met. Since
they were in compliance at that time the case was closed. The owner and his attorney had given us assurances
that they intended to move forward with and complete the construction of the new dwelling.
On September 9, 2014, we received a new complaint regarding the condition of the property. In reviewing the
records we noted that no inspections had been obtained for the permits and that work had been suspended for
180 days or more resulting in the expiration of the building permit. Last week Code Enforcement Officer Ben
Ross issued a Notice of Violation (NOV) to the property owner (copy attached) for the expired building permit
and the current violations on the property. The NOV provides the owner 10 days to correct the violations as
required by SLOMC Chapter 1.24. If after 10 days compliance is not obtained an Administrative Citation with
daily fines will be issued.
I will schedule a meeting with CEO Ross and Assistant City Attorney Ansolabehere tomorrow if possible to
review any other abatement remedies that may be available to the City. In order for the City to physically abate
the nuisance we would have to schedule an administrative hearing and get an Order to Abate and an Abatement
Warrant through the court. Even if we did this we don't currently have an "abatement fund" in our budget to
pay to hire a contractor to do the work. An alternative to the use of a contractor would be the use of City crews
to accomplish the work. To my knowledge the City of SLO has never physically abated a nuisance in this
manner, but it is within the scope of its police powers, but certainly is not without liability. Other possible
remedies would include the issuance of a misdemeanor citation or the filing of a civil action through the
court. All of these remedies take time, require staff and legal resources, and require that due process of law be
afforded to the property owner.
Thank You,
Joseph Lease
Chief Building Official
d
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Community Development
13
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401 -3218
E jlease @slocity.org
T 805.781.7159
slocity.org
14