CONTINUED BOARD ORDER"�|E���S-3
Before the Board of Supervisors in and for the
County of Monterey, State of California
It is recommended that the Board of Supervisors
a. Receive a report on the status of Code Enforcement
Case #CE020302, Property located in Moss Landing
owned by Loan Exchange Group L.P
Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by those
members present, the Board of Supervisors hereby:
a. Receive a report on the status of Code Enforcement Case #CE020302, Property
located in Moss Landing owned by Loan Exchange Group L.P
CONTINUTED TO A DATE UNCERTAIN this 11th day of January 2011, by the
following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California,
hereby certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made
and entered in the minutes thereof of Minute Book 75 for the meeting on January 11, 2011.
Dated: January 21, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
1 1
By Deputy
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SIGNED BOARD REPORT"�|E���MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: AGENDA NO.: S-3
SUBJECT: It is recommended that the Board of Supervisors
a) Receive a report on the status of Code Enforcement Case #CE020302,
Property located in Moss Landing owned by Loan Exchange Group L.P
DEPARTMENT: RMA Building Services Department
RECOMMENDATION:
It is recommended that the Board of Supervisors
a) Receive a report on the status of Code Enforcement Case #CE020302, Property located
in Moss Landing owned by Loan Exchange Group L.P
SUMMARY/DISCUSSION:
This case involves a parcel of land in Moss Landing upon which there are four auto
dismantling yards in operation, without county approval through issuance of a General
Development Plan and Coastal Development Permit, as required by Monterey County Code
Sections 20.90.040A and 20.26.030A. Loan Exchange Group L.P. LEG) is the overall
property owner of the parcel. Jim Petit Auto Wreckers, Richness Auto Wreckers, Lopez Auto
Dismantling and All Import/All Auto Wreckers are the business currently operating on this
parcel.
In August of 2002, the owners of this property were notified by Monterey County Department
of Health that numerous health and safety code violations persisted on the property. Following
some unsuccessful incomplete attempts to obtain the necessary permits and approvals, a second
notice of violation was issued in May of 2006 concerning the illegal operation of automotive
dismantling and wreaking yards on the property. A third notice and order to discontinue
operation of these business was sent out in January of 2007. Various appeals were filed by the
property owner; however, none have been successful to date.
The Board of Supervisors denied LEG's appeal to stay or overturn the administrative order to
cease operations at Parcel D 2007). Shortly thereafter, LEG filed suit and obtained a stay
order from the Court preventing Code Enforcement CE) effectively halting CE's process to
immediately remove LEG Court Order 1/2/08).
The Office of the County Counsel struggled for over a year and a half to get the matter before
the Court, and to be allowed to enforce the cease and desist order.
The stay was to provide time for LEG and the other operator on Parcels A, B, and C to resolve
certain issues, as to which party/operator should pay for site improvements and costs. These
matters went to arbitration which was completed on or about December 2009.
During this time, CE made repeated requests for the Court to consider ordering LEG to submit
a complete planning agreement, or application for a use permit to County Planning, and that
failure to do so should be considered grounds to remove the stay on CE's order to quit
6/10/09, 9/23/09, and 106/09). On October 22, 2009, the Court ordered the matter to trail on
April 5, 2010. On December 31, 2009, CE filed its motion to remove the stay of CE's
enforcement of its cease and desist order.
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SIGNED BOARD REPORT"�|E���At the settlement conference held on March 5, 2010, CE renewed its motion to lift the stay of
the County's cease and desist order, submitted on February 5, 2010. On March 11, 2010, the
Court lifted the stay of the cease and desist order.
The parties agreed, as to any remaining issues, to submit litigation to the Administrative Law
Judge ALJ), if LEG desired to further litigate the matter. Subsequently, LEG's attorney, Mark
Hafen, informed CE that LEG desired to resolve all issues and leave the site without going
through the ALJ process. Unfortunately, Mr. Hafen passed away shortly thereafter. Attorney
Michelle Noble-McCain now represents LEG.
CE staff are preparing a case report to the County Hearing Officer and the Administrative Law
Judge Hearing is scheduled for February 7, 2011. The case will be presented by Leslie Girard.
CE staff are seeking an order to remove LEG and its tenants and to require clean up and
environmental study of the dismantling sites including, but not limited to $8,211.50 in
Administrative costs.
OTHER AGENCY INVOLVEMENT:
The Monterey County Health Department, Environmental Health Division
FINANCING:
It is anticipated that the costs will be collected through litigation, however, there may be an
impact to the Code Enforcement budget.
Prepared by: Approved by:
Lori Kapwell min Hurley
Administrative Secr w Management Analyst
RMA Building Services RMA Building Services
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COMPLETED BOARD ORDER"�|E���S-3
Before the Board of Supervisors in and for the
County of Monterey, State of California
It is recommended that the Board of Supervisors
a. Receive a report on the status of Code Enforcement
Case #CE020302, Property located in Moss Landing
owned by Loan Exchange Group L.P
Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by those
members present, the Board of Supervisors hereby:
a. Receive a report on the status of Code Enforcement Case #CE020302, Property
located in Moss Landing owned by Loan Exchange Group L.P
CONTINUTED TO A DATE UNCERTAIN this 11th day of January 2011, by the
following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California,
hereby certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made
and entered in the minutes thereof of Minute Book 75 for the meeting on January 11, 2011.
Dated: January 21, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By Deputy
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