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HomeMy WebLinkAboutPRR20258 Walter - email backgroundTELEPHONE ISO51 S41-E601 FACSIMILE [eO51 541-ISS40 V lA EMAIL LAW OFFICES WILLIAM S. WALTER A PPOFESSIONAL CORPOPA71ON THE OELLO HOUSE 679 MONTEREY STREET SAN LUIS OBISPO, CALIFORNIA 9340; October 30, 2020 Mark Sadowski, Building & Safety Supervisor Michael Cordon, Planning Director City of San Luis Obispo, CA 93401 990 Palm St. San Luis Obispo, CA 93401-3218 EMAIL WWALTER0TCSN.NET RE: APPEAL TO PLANNING DIRECTOR OF CORRECTION NOTICE (BUILDING), Monterey St., affirmed by email of Building & Safety Supervisor on October 21, 2020. Reference: "New Deck and Foundation Repair Permit: BLDG 1143-2018, 679 Monterey St., Obispo, CA 93401; issued 10-25-2018; "New Single Family," BLDG-3031-2019, 677 Monterey St.; issued 8-15-2019. Dear Mr. Sadowski and Mr. Cordon: OVERVIEW/SUMMARY 677, 679 San Luis I appreciate the tone of your email of October 2I, 2020, but disagree with the conclusion upholding three "Discrepancies of City and/or State Codes require correction" applicable to both 677 (Cottage) and 679 (Bello House), which I understand that you are working with engineer Bruce Elster, Shoreline Engineering, in an effort to mitigate the delay damages which we are currently experiencing as a result of the Correction Notice (Building, 677, 679 Monterey St.) signed by City Inspector Tom FitcGerald, September 22, 2020 (Exhibit 200). On October 21, 2020 you wrote in your email[: "the direction provided on the correction notice dated 9/22/2020 would appear to be valid and is upheld." To preserve our rights, we are filing this Notice of Appeal to the Planning Director of the Correction Notice as upheld in your email of October 21, 2020 within ten (10) days of notice of your decision upholding the September 22, 2020 Correction Notice. The following are the general grounds, and I incorporated by reference the emails and chains of ern ails and attachments concerning this matter l . The Correction Notice does not identify any City and or State Codes which require correction, and none are referred to in your email. Basic due process requires that the specific violations be identified with specificity to advise the property owner of the nature of the charge. The scope of the Correction Notice requires physical invasion of improvements per City Building Permit Plans and Inspection Records for 677 and 679 Monterey St. There is no substantial evidence to support the factual or legal conclusions of your email or the original Correction Notice. 2. The Cottage deck seems very simple and is not addressed in the email: The plans for the "deck on the cottage" are clearly identified in Permit BLDG-3031-2019, were inspected per the Inspection Card, with contemporaneous photographs of the work in progress (with a large number of PIanning Director City of San Luis Obispo Nlotice of Appeal of Notice of Correction DTD: I0-21-2020 October 30, 2020 additional photographs available). Bruce Elster was under the impression that you acknowledged that there are no discrepancies of City and/or State Codes requiring correction" concerning the Cottage Deck, in which case the appeal should be withheld in its entirety concerning 677 Monterey St. 3. Your decision concerning the Bello House stairs is based upon a basic error which I have called to your attention in the last few days: "If you happen to have a set of plans that bears the City's "Approved" stamp on the showing the scope of these changes [the deletion of the deck, replacement of two stairways], we can review them and determine the best course of action." .Exhibit 201, pp, I-2, are close ups photographs of the final Bello Cottage Plans, Sheet T-2.0. Page 1 of 201 is the Approved Stamp, August 14, 2019. Page 2 is a close-up of the final approved Site plan showing the elimination of the deck, and the location of the two replacement stairways. It is the last issued and controlling approved permit for the stair replacement and elimination of the deck. This directly answers the factual question which was the basis of your decision and is in error. 3. Concerning the Bello House stairs, Exhibit 202 is the evidence of the payment of the fees to the City which included: • "Stairs - Repair/Replace - BLDG" in the amount of $957.78 was paid on October 24, 2018. • The fee for "Balcony/Porch/Deck - BLDG in the amount of $1,261.74 was not built at the election of the owner and utility requirements should be refunded. (Copy attached.) 4. 1 don't find any substantial evidence supporting your decision, which would have to be based on the premise that in inspection of the work, signing the in Inspection Record, the inspectors which you supervise did not follow established City procedures. Upholding the Correction Notice is premised on the City Inspectors not following the established and published City procedures:' "Inspections "We will inspect your project as work progresses. You will be given an `lnspection Record' card with the permit, and you must have the inspection card and the approved plans available during all inspections. The card must be signed by an inspector after each phase of your project is completed. but before you begin the next phase. Building & Safety Division staff will conduct an inspection on any weekday your request...." Evidence Code Section 664 provides: "It is presumed that official duty has been regularly performed. - Your email does not have any substantial evidence that the inspectors under your supervision for 677 and 679 Monterey did not comply with the City's mandatory processes, including the correct signature of the inspector after each phase of the project, the review by the inspector of the plans which are and always have been available on -site, and the authorization to us to "begin the next phase." In the case of the See City of San Luis Obispo Webs itc, "A CUSTOMER GUIDE TO THE BUILDING PERMIT PROCESS." Planning Director City of San Luis Obispo Notice of Appeal of Notice of Correction DTD: 10-21-2020 October 30, 2020 Cottage, the "next phase" the construction of the approved deck; and for Bello House, it is the construction of the replacement stairs. 5. The City practice for the Cottage was to note (unrelated to deck) on the Inspection Card ""revised detail to be approved by City." (Note 1 9-11-19, related to foundation corner). No such note was made on the Inspection Card for August 15, 2019 and August 27, 2019 for the Foundation Repair Permit. There is no substantial evidence that Inspector did not accept the Plans and stairway replacements as shown. The only evidence which would support the Notice of Correction is based upon the Inspector not complying with clear duties and procedures. You have provided no substantial evidence that the Inspector, now more than 13 months after the inspections, did not review the Plans which were located on site, and as required by City procedures, and conclude that the work was properly authorized and properly constructed. 6. If the inspectors did not perform these mandatory duties faithfully and completely, then the responsibility remains with the City for the failure of the procedures required by law and represented to the public quoted above. Such a failure, however, does not justify the any of the three items identified in the Correction Notice. 7. There is no basis upon which request the preparation of additional plans or our incurring any additional expenses documenting what is already documented and approved by City Inspections. S. item I in the Correction Notice is an Unconstitutional Physical Invasion and Damaging of Private Property properly Inspected and constructed per plans: " [1] For the pier footings on the house [Bello House] for the exterior stairways and the deck on the cottage [677 Mont.], verify depth of footings by potholing/exposing the concrete footings." Without any substantial evidence or factual findings, your email upholds without qualification the above referenced "discrepancy" which "require correction" and order me to take physical action related to newly constructed concrete footings, "potholing/exposing the concrete footings". This is considered a per se takings and damaging of private property for even minor physical invasions. It makes no different, in this case, the you are ordering an order to damage and physically change the private property without any justifiable basis. See Loretto v. Teleprompter Manhattan C4TV Corp., 258 U.S. 419 (1982) (non -permanent physical taking subject to a "multifactor balancing test."); Penn Central Transp. Co. v. New York City, 438 U.S. 104 (1978), first factor for determining takings, "character of the government's actions"; "takings more easily found when government physically invades property". It is also an unconstitutional condition, a violation of due process and equal protection. See Village of Willowbrook v. Olechon, 528 U.S. 562 (2000). 9. Item 2 in the Correction Notice is unnecessary and not supported by City Procedures: "For the above mentioned pier footings, scan the concrete piers for reinforcement verification." The footing were inspected and signed off for both 677 and 679 Monterey St. There is no substantial evidence or legal basis for imposing this delaying, costly and unnecessary procedure. Planning Director City of San Luis Obispo Notice of Appeal of Notice of Correction DTD: 10-21-2020 October 30, 2020 10. Itern 3 in the Correction Notice is unnecessary and not supported by City Procedures: "Submit these findings to the engineer of record (structural) for this project." There is no substantial evidence justifying the imposition of this delaying, costly and unnecessary procedure. 11. Your reference in the email to Bruce Elster on October 6, 2020, misunderstood my communication to you. As my contemporaneous emai is indicate, the scope of that consultation was to obtain a revised report noted for the Inspection Record for 677 Monterey St., and I forwarded Elster's reportlrevision which has always been posted on the property with the Inspection Records, and the two sets of plans. This lead to making a basic mistake about the final Site Plan showing the replacement of the two historic stairs for the Bello House. 12. PUBLIC RECORDS ACT REQUEST As part of this appeal, I am also filing this Public Records Act Request for all information, documents, notes of meetings, consultations with inspectors or any others, which formed any basis for the contents of your email. For more than one month, we have been intimidated by the baseless Correction Notice from proceeding with: any construction on the replacement stairs, which is the Iast part of the work for the Bello House Foundation Repair and stair replacement; any construction of the approved Deck for the Cottage per City stamped plans. This has been a serious, time-consuming, distressing, expensive and unnecessary delay in this simple project and is beyond the conduct that any reasonable building inspector would engage in, and a violation of the property, due process, takings, damaging, equal protection, and unconstitutional conditions doctrines from various United State Supreme Court decisions cited at length in prior correspondence to the City. This is part of a pattern of unconstitutional conduct directed again me and my family. We hope that these delays can be immediately resolved, and reserve our rights to seek recovery of any and all fees, damages and costs associated with the abuse of the inspection authority vested in the City. Please refund the fees paid to the City itemized above for the porch/deck for Bello which was not constructed, in the amount of $1,261.74. The owner of the property always retains the right not to build a portion of the project, especially when it is not feasible due to utility requirements. Planning Director City of San Luis Obispo Notice of Appeal of Notice of Correction DTD: 10-21-2020 October 30, 2020 Enclosures Cc: City Clerk (via Email) City Attorney (via Email) aty o � sa li li I U s LS1'v spo 919 Palm Street o San Luis Obispo, CA 93401 CORRECTION N07NCE WBUILDING ❑ PLANNING ❑ PUBLIC WORKS ❑ FIRE 781-7180 781-7170 781-7200 781-7380 JOB .ADDRESS. �'PE OF INSPECTI ITT: You are hereby notified that the above discrepancies shall be reinspected for acceptance. Where a discrepancy will be concealed, it must be inspected before covering. CALL FOR REUNS ECTI®N Inspector: �JCYlAo-- .' Date: LL r -V DO NOT LOSE 01t REVIE THIS TAG ---og 0 PLAINTIFF'S EXHIBIT Ou- If" Nil I A N WYAH Al A I A r 38 -i--� F2 NEW 10" METER (Col TAR) EXIST - ELEC. METER PANES jH611SE3 TRASH EXISTING TWO STORY )F-FlrF RU11 DING I gas F"F; ROPOSED DECK F.F 20T 158 S{LFT. 7L 3T 7--9- F.G. P'ZID40' F U3 21 36 39 Ir PA RKING 38 — - Lf c — — — — — — — — — — — — — — — — F- F F-- Ii (3D6 F PLAINTIFFS EXHIBIT 4-1 _ .01 FN 12 80 t) i n12 I t s � Allri 14 WE BUILDING 01VISl OV co • <Q cl) (=J wcra CL J wm� zc� C) ui r-< ' co U) C.3 DRAWN MG 7-15-2019 SCALE 1 f4+r = i-olr J r I ❑B N©, 279 SHEET SITE PLAN T=2@0 I OF SHEETS tM -S BUILDING PERMIT -- S OBIS P O Alt[Addition - Commercial �.C►xLIF0RNIA - BLOG-1143 -2018 - �" tWldUlp i 3rhly GivlrYa� • i?1ti Palm sinrt • Sin Lu(a NOT Q - oei.po.ci+sa4olaria . Ia�auarlca Date* ....... =-,s Assessoes Parcel Number. QQ-Q1-0M Unit or Sulte(s� Project Descripi on: MUNDATIQN REPAIR Legal Descripllon: ArcHtecE Parma► oasrl Thomas &4kM&ft Business: (805) 541.9486 Owner WALTER WIWAM S. TRUST AGREEMENT Fie Sprinklers: W Provided Stones j gg Code Year: Dwelling Units: MOM Roams: Census; Carrstttldlon Type: V-trJ Oc=pancy, Business, professional offices (a) Dimensions Valuation Category. SQFT: Group Type Sq. Ft Factor ►laluatlon Manual $42,000.00 Fees Fee Name Fee Amount Final InspocWn - ptSF Res - PW 5729.48 SMIP [Commercial] $1200 IT Surcharge $10129 Building Plan Rev - Commerciat - Minor $259-69 C&D Recycling - UTIL $6Z49 ealconyfPOrcNDewc - BLDG $1.261.74 Greer Buil ling Fee $2.00 filon-an* Family RMtdentiel FMW Imp - ENG S13&?5 Stairs - Rapair/Replace - BLDG '$957-78 Foundation Repair Only - BLDG $637.50 Non -Single Family Residential -ENG $272.51 Total Fees- S3=73 Payments Date Receipt 0 Amount $0.00 Total Pall: ;p e0 Plan Check Account Payment by Contact Contact Name Account Name Statue Total Credits Total Debits Account Balance WALTER W ILUAM S TRUST BLDG-114:3-2418 (9uoftg Plan Ctieck Deposit) in use 57 0.5B 7x 'So.�y $t,oS6 72 AGREEMENT ` --W-� _ Coral Account Balanea. i1,058.72 $OAtI $1,05v LLIAM S. IS LAS WALTER TRUST 'DATED 04192 ATF 90-71&2�3222 WILLIAM690 679 MONTEREY ST SAN LUIS OBISPO, CA 93401 (805) 541-6601 Dare kYTOTFE-- RDER OF yNjL `^ 1 E r - ` B t� �$ DOLLARS LJ $Z87B.Q1 PLAINTIFF'S EXHIBIT William S. Walter From: Sadowski, Mark <msadowsk@slocity.arg> Sent: Wednesday, October 21, 2020 4:56 PM To: William S. Walter; Codron, Michael; Johnson, Derek; City_Attorney; Hannula, Hai; Horn, Matt Cc: `James Mckiernan; CityClerk; 'Stephen Williams' Subject: RE: ERRONEOUS ISSUANCE. OF CORRECTION NOTICE 677/679 MONTEREY ST., (BUILDING) 9-22-20, /s/ Thom FitzGerald BLDG-30310-2019 Good afternoon Mr. Walter, Thank you for your patience as we've worked through the details of your inquiry regarding the correction notice that was issued on 9/22/20. My research has included speaking with two of our Building Inspectors and reviewing their specific observations of the project conditions, evaluating the related building hermit inspection records (provided to you via public records request), reviewing the approved plans and supporting documentation on file in our office, and correspondence with the engineer of record on which you were cc'd. I have arrived at a recommended course of action to address the items listed in the correction notice, and would like to offer the following background before summarizing my findings. The approved plans for 679 Monterey, Permit #BLDG-1143-2018, have a City of San Luis Obispo "Approved" stamp dated October 24, 2018. The deck post footings in their current configuration do not match the approved plans prepared by your professional that we have on file. You stated in your email correspondence on October 7, 2020 at 10:14 am that you were omitting the 492 square foot deck from the scope of work for several reasons. Changes frequently occur during the course of construction, whether they be voluntary at the owner's discretion, or mandated, due to site conditions that the engineer may not have factored into their design of the project. In each of these cases, a formal revision must be prepared and submitted to the City of San Luis Obispo Building Department for review and approval, prior to proceeding with the revised scope of work. In looking through our records, I do not see that a formal revision was submitted for the omission of the exterior deck, nor do we have revised plans stamped "Approved" by the City showing this deviation from the original plans. As discussed in our on -site meeting in the afternoon of October 6, 2020, i offered to reach out to your engineer, Bruce Elster, to help in clearing up the scope of changes that have occurred. I spoke with Bruce on 10/20/2020 and asked if he was aware of any revisions to the plans regarding the deck omission, or could provide revised plans showing the changes. Bruce sent me the latest structural plan set he had, which is the same as the approved plans in our office. Bruce stated in his email "As I remember, there were no changes to the structure beyond deleting the section along the side of the Bello House." In your aforementioned email from October 7, 2020, you also provided what appears to be a revised architectural plan from your architect, Thom Brajkovich, showing the deck being omitted and stairs to be installed. The locations of these stairs are different than what is shown on our approved plans, and they did not bear the City's "Approved" stamp. Our local contractors and our Building Inspectors all work from a common project document which is the approved plans. Our building inspection staff do not authorize work to proceed if there are deviations from the approved plans, and would direct the contractors to submit revisions for any changes, such as the omission of the deck for your project. Given we do not have a record of any revisions being submitted or approved for the deck omission and relocation of the stairs, I do not see how the footings in question could have been approved by our staff_ If you happen to have a set of plans that bears the City's "Approved" stamp on them showing the scope of these changes, we can review them and determine the best course of action. With the current information I have reviewed, the direction provided on the correction notice dated 9/22/2020 would appear to be valid and is upheld. PLAINTIFF'S EXHIBIT I� a I would be happy to discuss options for providing the required verifications needed for the deck footings with you and your contractor. Please let me know if you would like to schedule a time to meet on site and we can help get things back on track for you. Should you have any further questions, please do not hesitate to reach out to me. Kind regards, Mark Sadowski Building & Safety Supervisor ary OF Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3218 E msadowski@slocity.org T 305-781,7184 .. i i !- . -.t r'3 From: William S. Walter <wwalter@tcsn.net> Sent: Monday, October 19, 2020 5.53 PM To: Sadowski, Mark rr-nsadowsk@slocity.org>; Codron, Michael <mcodron@slocity.org>; Johnson, Derek <djohnson@slocity.org>; City_Attorney <City_Attorney@sIocity.org>; HannuIa, H a I <hhannula@slocity.org>; #torn, Matt <mhorn@slocity.org> Cc: 'James Mckiernan' <jmckiernan@mckiernanlaw.com>; CityClerk <GtyClerk@slocity.org>; 'Stephen Williams' <sa wi I la i m s @ya h oo. co m> Subject: RE: ERRONEOUS ISSUANCE OF CORRECTION NOTICE 677/679 M0NTEREY ST., (BLIILDIING) 9-22-20, /s,t Thom FitzGerald BLDG-30310-2019 Hello Mr. Sadowski, Please keep in mind that I am now replacing two exterior stairways which have been a part of the Bello House design for 103 years. They were potentially dangerous and were attached to the building in a manner which affects the historic structure. The two stair landings no doubt are among the most substantial and solid as I have ever seen or could imagine. It has already been nearly one month since the Correction Notice was issued, which costs us about $10,000 or more per month. I have to emphasize that my focus will be whether any false information was placed on the Inspection Record which has mislead me and if that did occur, the responsible party be referred to District Attorney for potential felony violations under Criminal Code Section 115 and many others. If someone altered the document then we all need to know; if an inspector put down false statements on the Inspection Card on which I have relied, then that needs to be disclosed and the consequences addressed. I do Know that I was informed that Stephen Williams was waiting for the inspection and saw the rebar and site pad preparations before concrete was poured. With all of that said, I appreciate your response and hope this can be resolved in the spirit of cooperation which facilitates and not frustrates the efforts of private citizens to restore their properties — like simple stairs — without this type of completely unnecessary and time consuming effects. There has to be both common sense and strict fidelity to the integrity and reliability of the inspection system. Best wishes, William S. Walter A PROFESSIONAL CORPORATION COUNSELOR AT LAW 679 MONTEREY ST. SAN 1-UIS OBISPO, CA. 93401 905 541 6601 805 541-6640 (FAX) \� walterrtl-tcsn.net Wa. Si. Bar � 73061 ] IFrom: Sadowski, Mark <msadowsk@slocity.org> Sent: Friday, October 16, 2020 4:47 PM To: William S. Walter <wwalter@'tcsn.net>; Codron, Michael <mcodron slocit .or >; Johnson, Derek <djohnson@slocity.org>; City_Attorney <City Attorney@slocity.org>; Hannula, Hal <hhannula@slocity.org>; Horn, Matt <mhcrn slocit .or > Cc: 'James Mckiernan'<imckiernan@rnciciernanlaw.com>; CityClerk <CityClerk@sfocity.org>; 'Stephen Williams' <sawi Ila i ms@ya hoo.c_om> Subject: RE: ERRONEOUS ISSUANCE OF CORRECTION NOTICE 677/679 MONTEREY ST., (BUILDING) 9-22-20, /s/Thom FitzGerald BLDG-30310-2019 Good afternoon Mr. Walter, I am reviewing the revised plans you provided for the changes to the exterior decks and will be able to provide a formal determination on the correction notice issue by the middle of next week. Please let me know if there's anything else I can assist with in the interim. Kind regards, Mark Sadowski Building & Safety Supervisor rCITYOF SRR LUIS OBISPO Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3218 E ms_adowski _slocity.orq T 805.781.7184 From: William S. Walter <wwalter tcsn.net> Sent: Friday, October 16, 2020 11:14 AM To: Codron, Michael <mcod ron 2 slocit .or >; Johnson, Derek <diohnson@slocity.org>; City_Attorney <City Attorney(@slocity.org>; Hannula, Hal rhhannula@slocity.org>; Horn, Matt <mhorn@sio6ty.org>; Sadowski, Mark <msa d owsk@slocity.c rg> Cc: 'James Mckiernan' <imckiernan mckiernanlaw.com>; CityClerk <CityClerk@slo6ty.org>;'Stephen Williams' <sawi I la ims@yahoo.com> Subject: RE: ERRONEOUS ISSUANCE OF CORRECTION NOTICE 677/679 MONTEREY ST., (BUILDING) 9-22-20, /s/ Thom FitzGeraid BLDG-30310-2019 Hello Mr. Codron, What is the status of the correction notice? Thank you. William S. Walter A PROFESSIONAL CORPORATION COUNSELOR AT LA W 679 MONTEREY ST. SAN LllIS OBISPO, CA. 93401 805 541 6601 805 541-6640 (FAX) N� �\ altrr,rr,icsn.nei (C'a. St. Bar 4 7306I ) From: William S. Walter <wwalter@tcsn.net> Sent: Wednesday, October 07, 202010:14 AM To: 'Codron, Michael' <mcodron@slocity.org>,'Johnson, Derek'<djohnson@slocity.org>;'City_Attorney' <City Attorney@slocity.org>;'Hannula, Hal' <hhannula@slocity.org>;'Horn, Matt' <mhorn@slocity.org>; 'msadowski@slocity.org' <msadowski@slocity.org> Cc: 'James Mckiernan' <jmckiernan@mckiernanlaw.com>; 'CityClerk' <CityClerk@slocity.org>; 'Stephen Williams' <sawi llai ms@ya hoo.com> Subject: RE: ERRONEOUS ISSUANCE OF CORRECTION NOTICE 677/679 M0NTEREY ST., {BUILDING} 9-22-20, /s/ Thom FitzGeraId Mr. Codron, We had a positive meeting with Mr. Sadowski yesterday. He volunteered to contact Bruce Elster, 5horeline Engineering, Inc. regarding a Revision to 677 Monterey St. foundation stem wall revision. To save him the time, attached the letter of September 5, 2019 with the revision which i believe is the one in question. In case my email address for Mr. Sadowski is incorrect, can you forward this to him to save time Bruce Elster who provided the revision as well? It is and always has been with the posted records for the project in the 679 Monterey St. entry hall, and is copied and attached. For future reference, all of these types of documents are maintained in the entry of 679 Monterey entry hall with inspection records, soil studies, archeological, conformed plans, detailed specs, etc. Last, I haven't studied the documents carefully, but it appears that the inspection records of the City do not conform with the Inspection Records kept on site. The two should be reconciled so that inspectors and contractors can know exactly what was done and when and as an owner I can rely upon the accuracy of the records. Last, Mr. Sadowski requested a revised plan for replacing the two pre-existing stairways for the Bello House but omitting the 492 sq. foot deck which could not be constructed because of the PG&E required location of the meters (access, elevation, size, location) a desire to preserve the historic features of the Bello House without large deck structures, and 4 be able to better protect and sustain the Foundation Repair which is a focus of the issued permit. A copy of the stair replacement without construction of the permitted decks is also attached as requested by Mr. Sadowski. William S. Walter A YROt=ESSIONAL CORPORATION COUNSELOR AT LAW 679 MONTEREY ST. SAN L U I S OBISPO, CA. 93401 805 541 6601 805 541-6640 (FAX) v,N altcr(u�tcsn.net -Si. Bar � 73061 From: Codron, Michael <mcodrem slocit .or > Sent: Monday, October 05, 2020 11:22 AM To: William S. Walter <wwalter@tcsn.net>; Johnson, Derek <djohnson@slocity.org>; City_Atto rn ey <Ci ty Atto rnev@ slocit .or >; Hannula, Hal <hhannu[a@sIocity.or>; Horn, Matt <mhorn @slocity.or > Cc: 'James McKiernan' <jmcklaw@gmail.com>; CityClerk<iityCle_rk@slocity.org>;'Stephen Williams' <sa w 1l l a i m s @ya hoo.co m> Subject: RE: ERRONEOUS ISSUANCE ❑F CORRECTION NOTICE 677/679 M0NTEREY ST., (BUILDING) 9-22-20, /s/ Thom FitzGerald Hello Mr. Walter, the City's Building and Safety Supervisor, Mark Sadowski, is available to meet with Mr. Williams on -site tomorrow at 2:00 PM. Thank you for making this arrangement. Best, -Michael Codron From: William S. Walter <wwalter tcsn.net> Sent: Monday, October 5, 202010:06 AM To: Codron, Michael <mcodron@slocity.org>; Johnson, Derek <d6ohnson @slgot .ar �; City_Attorney <City Attorney@slocity.org>; Hannula, Hal <hhannula@slocity.org>; Horn, Matt <mhorn@slocity.or > Cc: 'James McKiernan' �Lcl<law gmail.com>; CityClerk <CityClerk@slocity.org>;'Stephen Williams' <sawi I la ims@ya hoo.com> Subject: RE: ERRONEOUS ISSUANCE OF CORRECTION NOTICE 677/679 M0NTEREY ST., (BUILDING) 9-22-20, /s/ Thom FitzGerald Importance: High Mr. Codron, Stephen Williams and his foremen of Williams Concrete Construction will be at 679 and 677 Monterey St, tomorrow at 2:00 PM. Williams and his crew are engaged in an large and active project at the Morro Bay Sewer Plant and have limited availability in the future. I would invite you to come to that meeting and Mr. Williams can confirm the inspections which are documented on the Inspection Cards on site. In addition, you can view the original inspections cards and proceed quickly to rescind the baseless and malicious Correction !Notice signed September 22, 2020. We can deal with the public works "issues" first and then address the Correction Notice allowing the non -responsible parties to leave the meeting. 5 Thank you. William S. Walter A PROFESSIONAL CORPORATION COUNSELOR AT LAW 679 MONTEREY ST. SAN LUIS OBISPO, CA. 93401 805 541 6601 805 541-6640 (FAX) wwaitcrf+ I icsn.nef (('a. s1. R�jr g73061) From: Codron, Michael <mcodron slocit .or > Sent: Monday, September 28, 2020 12:28 PM To: William S. Walter <wwalter@tcsn.net>; Johnson, Derek <dohnson@slocity.or >; City_Attorney <City Attorne slocit .or >; Hannula, Hal rhhannula@slocity.org>; Horn, Matt <mhorn slocity.org> Cc: 'James McKiernan' <0mck1aw mail.com>; CityClerk <CityClerk@slocity.or >; 'Stephen Williams' <sawi] la ims@yahoo.com> Subject: RE: ERRONEOUS ISSUANCE OF CORRECTION NOTICE 677/679 M0NTEREY ST., (6UILDING) 9-22-20, /s/ Thom FitzGerald I'll follow up an this and let you know the status as soon as I can get an update Thank you, -Michael Michael Conran Director of Community Development CITY OF OBISPO Community Development 919 Palm Street, San Luis Obispo, CA 93401-3249 E mcodron(oslocity.orq T 805,781.7187 From: William S. Walter <wwalter@tcsn.net> Sent: Monday, September 28, 2020 12:09 PM To: Cod ron, Michael <mcod ron@sIocity.or >; Johnson, Derek <djohnson @ slocit .or >; City_Attorney <City Attorney2slocity.org>; Hannula, Hal <hhannuIa(Tslocity.org>; Horn, Matt ¢mhorn@s]ocity.org> Cc: 'James McKiernan' <jmcklaw@mail,com>; CityClerk <Cit Cl e rk2 slocit .or >; 'Stephen Williams' <sawi I la 1 ms@Vahoo.com> Subject: ERRONEOUS ISSUANCE OF CORRECTION NOTICE 677/679 M0NTEREY ST., (6UILDING) 9-22-20, Js/ Thom FitzGerald Importance: High Hello Mr. Johnson and Mr. Codron, I believe that your staff erroneously issued a Correction Notice dated 9-22-20 and enclosed in the attachment based upon the incorrect assumption that the items specified had not been inspected and approved. I think that the Inspector Thomas FitzGeraId was confused about the original Inspection Cards and he may not have read them carefully, got some mis-information from his supervisor, signed a copy of an inspection card for the wrong address and later the original. I would commend him for his courtesy, although in retrospect the cards are very specific and something as an owner I rely upon, in addition to paying inspection fees. The Inspection Cards are located in the entry of 679 Monterey St., posted to an easel mounted on a tripod for both 679 (the Bello House) and 677 (Cottage) Monterey St. Signs are posted either the front door or front windows of on both properties referring inspectors to the location of the inspection cards and approved plans in the Bello entry hall (see Signage Insert). If this is an honest error, then I would ask that you correct it immediately by rescinding the Correction Notice. We are ready to commence that work immediately to complete both projects, and more delays in addition to those from the Public Works Department cost about $10,000 per month. I rely upon the veracity of the inspection cards since any false information placed on the card could be a felony offence under various statutes. After reviewing these items, if you believe that someone has falsified these inspection cards or that the information placed on them is either incomplete or inaccurate, then I would suggest that we jointly request that the District Attorney conduct an appropriate criminal investigation of any potential wrong doing in falsifying these public records. A. RE: 677 MONTEREY ST., "COTTAGE" 1. Concerning the Deck on the Cottage, here are the relevant portions of the Inspection Record. The attachment includes the entire inspection card and photographs taken and dated during April, 2020 documenting the work on the Cottage Deck corresponding to the description in the Inspection Card. The work described and the date correspond with the photographic evidence. There are many more photographs which document the work. 2. Can you identify the identify of the person who filed in the Inspection Card as indicated below and confirm that they are an Inspector for the City? 3. The card and the photographs demonstrate that the Correction Notice was issued in error in relationship to this work, and the error should be corrected by rescinding the Correction Notice as applied to 677 Monterey St. Permit Dumber BLDG-3931-2019 War( Class New Single Family Project Descripti NF-W SINGLE FAMILY 1 BEDROOM COTTAGE -- 905 SCE. F Project Address 677 Monterey St, Bart Luis Obispo, CA 93401 FOUNDATION Date Inspector -Rough h Grading Il stor llwa.ter YOr'n 4 Excavaiion, F einforce .1 1 �_e �} t Ufer Ground Li 't> Sign, beck, Trellis Foo'ing [ B. RE: 679 MONTEREY ST., "BELLO HOUSE" — FOUNDATION REPAIR The deck portion of this project was not possible to construct because of PG&E requirements for the placement of meters for both Bello and the Cottage at elevations which made the deck infeasible. Instead, the two historic stairways which were dilapidated are to be reconstructed without the deck connections based upon two separate stair landings. The foundation repair itself occurs under the house with engineered brackets, steel beams, shear paneling, etc. , was completed and inspected in December 2019, and involves no "rough grading/pad certification", and nor "forms, excavation, reinforcement, rebar." The only place that is possible to occur on the Bello House site are the two stair landings, which are what is referenced in the inspection notes. The Inspection notes in August 2019 corresponds with the photograph attached taking in August, 2019, showing the forms for the side -stairs under construction. There are other photographs demonstrating that the work in August 2019 involved the two stair pads. Apparently, Mr. FitzGeraid was told that these inspections were not related to the stair pads, which is not supported by the language of the card or the photographic evidence. Permit Number BLOG-1143-2018 Work Class Al Addition - Commercial Project Descripfii FOUNDATION REPAIR & 492 SQ FT, DECK Project Address 679 Monterey St, San Luis Obispo, CA 93401 FOUNDATioN Rough Grading i Pad Certification Storrriwater 3 ips Drms, Excavation, Reinforcement, Rebar I Jter Ground _ight, Sign, Deck, Trellis Fooling Date ins pector 1. Can you identify the inspectors who signed these Inspection Cards? Stephen Williams who has verified that the inspections took place is currently on a large project for the City of Morro Bay Sewer Plant and I would hope that his time and attention would not be diverted from that important work on an important municipal public works project. I think his history of doing work for municipal governments and on Government Projects on the nearby defense Department facilities would be sufficient to be highly suspicious that the failure to call for inspections would ever occur on his administration of this project. it makes no sense that he or his crew would do so, and I recall him telling me at the time they were waiting for those inspections and that they had occurred. You are welcome to mask and socially distance properly and inspect the cards for yourself. Thank you and I remain hopeful that this has been an error which can be corrected without delay. William S. Walter A PROFESSIONAL CORPORATION COUNSELOR AT LAW 679 MCNTEREY ST. SAN LUIS OBISPO, CA. 9a40I 805 541 6601 805 54I -6640 (FAX) a to ri'rr tcSn. [let [C n St liar g 7'[6)J]