Showing posts with label commissary. Show all posts
Showing posts with label commissary. Show all posts

Wednesday, December 1, 2010

Extinguish v. Exterminate...

.

Yellow and Red have their permanent pariah protégé and
personal protector do pest control act as their good will ambassador

(Ever notice how everything the BDGs do
has to make loud noise? ...or smoke?)

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Today I posted the following letter to the City of Manteca's Director of Community Development:

City of Manteca
Attn: Frederick Clark
1001 W Center Street
Manteca, CA 95336

12/01/2010

Re: Determination of extinguishment of nonconforming use status at 810 Fishback Street, Manteca, CA

Dear Mr. Clark,

I am requesting a letter of determination from you memorializing the extinguishment of the nonconforming use status accorded to the property neighboring mine, at 810 Fishback Street, Manteca, CA 95337, on June 29, 1993. Attached is the City of Manteca letter of that date.

The nonconforming use, a business known as TLC Catering and its associated private commissary, ceased operation “on or about February 15, 2010.” Attached is the owner’s verification of that date, declared by her “under penalty of perjury under the laws of the State of California.” From that date to this, the business operation has not resumed; indeed, key elements of physical plant have been removed, though much remains.

Because a nonconforming use “runs with the land” and was granted by letter in this case, this official determination is necessary to extinguish the nonconforming use designation. A copy of Manteca Municipal Code, Section 17.55.020, is included for your reference to the necessary elapsed time periods fulfilling the extinguishment requirements.

I remain committed to seeing this rehabilitation project through and greatly desire your willing cooperation in this matter. I stand ready to talk with you, meet with you, or make any other needed information or documented evidence available to you in closing this matter.

Please mail your current determination of the zoning and land use designation to me...

Please mail a copy to my attorney...

Sincerely yours,


Attachments: City of Manteca letter of June 29, 1993; Requests for Admissions; MMC 17.55.020.

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Attachment #1: Original grant of nonconforming use status (obtained by deceit)


Attachment #2: Admission of discontinuance of nonconforming use (found in this post.)

Attachment #3: Manteca Municipal Code, Section 17.55.020, Nonconforming buildings and uses

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Monday, November 29, 2010

Draft Mediation Letter

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{Pssst! Someone buy "A is for Asshole" on Amazon and read it to Lynda.}


My attorney asked me for a *short* draft mediation letter outlining the case and my expected outcomes from next week's mediation session. The letter, he said, will be forwarded to the mediator and to the defendants in advance of the session.

For the loyal supporters following the lawsuit, you will find nothing new here. For the rest of you, the points are focused versions of the three aims I spelled out two and one-half years ago, on April 4, 2008, in a letter to the City of Manteca:

My aims are threefold. (1) The immediate need is nighttime noise cessation. (2) The next goal, in the short term, is to have the City of Manteca spell out for me and my neighbors the legal responsibilities (and necessary formal variances!) this business has in a residential neighborhood. (3) My long term goal (and the Planning Department’s goal?) is to have the business assets and operations removed from the property (perhaps to a commercial zone?)



You will see below only slight wording changes in those aims, even though in April 2008 everyone was still suckered by Lyin' Lynda's big lie... you know, the one about how she was running a "legally grandfathered business." {Pish!} A fourth aim of mine, since the necessity of a lawsuit was forced on me, is to lay the costs of exterminating these roaches this sordid affair on the guilty parties.

BEHLING v. ALLEN, et al.
Case # 39-2009-00212085-CU-OR-STK
Mediation letter
November 29, 2010


Plaintiff charges the defendants with noise nuisance caused by reason of their illegal land use of operating the business known as TLC Catering and commissary from their residential property zoned R-1. Prior to the lawsuit, all municipal administrative remedies were denied to plaintiff. Upon filing this suit, the defendants immediately engaged in retaliatory noise increases, which were made part of the first amended pleadings. Soon after the first amendment, unwarranted and harassing closed circuit digital (CCD) camera surveillance of plaintiff on his property commenced.


Plaintiff’s aim is to live in peaceful and quiet enjoyment of his adjoining residential property by:


A) stopping the incessant noise nuisances and retaliatory intrusions emanating from 810 Fishback Street, including business uses and noises, all-day/every-day harassment playing of the yard radio since June 4, 2009, and intrusive, overreaching use of CCD infrared surveillance cameras since October 11, 2010;


B) obtaining a complete recision and extinguishment of the deceitfully gained June 1993 “legal, nonconforming” use designation for 810 Fishback Street either by defendants’ sworn statement of confession, or by City of Manteca’s written determination, or by Superior Court order;


C) effecting the cleanup and rehabilitation of 810 Fishback Street to residential only use by complete removal or demolition from the property of all assets - buildings, structures, vehicles, equipment, appliances, fixtures, inventories, etc. - used in conducting the business from 1987 to 2010 (preliminary asset list is attached); and


D) recovering plaintiff’s costs, damages, and legal fees incurred to obtain obstinate defendants’ compliance with state laws, municipal ordinances, and common courtesies.


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Preliminary asset list of TLC Catering and commissary


(This is plaintiff’s list because attempts to verify these assets, first by interrogatory, then by demand for production of acquisition documents, again by request for admissions, and finally by request for on-site inspection, have in all cases produced only non-response or evasions by the defendants.)


Mobile home, license # FQ1259


Covered dirt floor structure behind mobile home (eastward) and all equipment in it


Trailmobile refrigerated shipping container behind the mobile home (eastward)


Grease barrel storage corral and grease barrels


Two (2) Mobile Food Preparation Units (MFPUs, or catering trucks)


One Vending truck


One trash truck


Covered concrete floor structure on the north property line


Equipment and appliances on the north property line:
  • Scotsman icemaker and condenser
  • Follett ice storage/dispensing bin
  • Admiral freezer/refrigerator combo
  • Kenmore upright freezer
  • Bally walk-in freezer
Chest freezer on covered porch attached to east side of main dwelling


Outdoor radio mounted on outbuilding


Surveillance cameras


All other unverified buildings, structures, vehicles, equipment, appliances, fixtures, parts stocks, inventories, and detritus currently or formerly used in the nonconforming uses

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Friday, November 19, 2010

Extreme Tardiness in Admitting Discontinuance of TLC

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Lynda Allen and her Farmer's Insurance lawyers (2009-2011)
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Damn good likeness of Lynda, above, don't you think? She is remarkably well preserved even though this portrait of her was painted over 500 years ago by Jan Provoost (1462/5 - Jan 1529). On a minor note, she has picked up a few facial lines since that sitting... (and her hair?... ooooh... what she has now must be a wig!) After all, the slop slinging catering business is sooo cutthroat and competitive.

But I digress...


Request For Admissions

The three pages following comprise a set of requested admissions from the defendants. The purpose was to allow them to bolster their [nonexistent] defense by declaring their discontinuance of the illegal land use. Please note the date on the third page, the Proof of Service - July 19, 2010.






The inexcusably tardy admissions

Shortly after August 13th I received papers almost identical to the first two pages following, but never received the Verifications (third page.) Repeated attempts subsequently to obtain the Verifications resulted in... nothing.

Ninety days after the request (thirty days allowed under court rules), comes now the following three pages, which comprise the scuffing, foot dragging belated response of only one defendant. The other [it is alleged] is all stove up with breast cancer and [it is surmised] cannot read, comprehend, communicate, or govern her small motor skills sufficiently to sign a Verification.

(Hello?! Earth, calling Lynda! You can appoint each other as medical marijuana caregivers, but you cannot delegate power of attorney or get a notary public to witness each other's "X" mark? I've seen the property transfer shell games you and Ravaged Red have played over the years to avoid bill collectors. Your pattern of lame excuses and shady actions continues...)

The reader will please note the dates. Lyin' Lynda signed her Verification on October 18th (but why in Tracy, CA? Is that where Red is hiding convalescing these days?), while the legal person signed the Admissions on October 19th. (Catering race observer quoted, Yoda, "Smarter the lawyers are getting.")







At this rate of discovery, perhaps we might... just maybe... bring about a resolution before Death comes to claim the Miser and her lovers.

.

Wednesday, July 21, 2010

Illegal Mobile Home Demolished - 28 Years Too Late!

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I got a text message yesterday. It asked, "Hey, is my mind playing tricks on me? The BDGs have torn down their mobile shack?

Mobile home - Before


Mobile Home - After


(BTW, that's their pot farm, out in the open still, all those cute little plants under the solar panels. The police told me they told Lynda to enclose and secure it. There's a reason marijuana is called "dope.")

It's about time the Barefoot Dirty Girls "get" the final aim of the lawsuit!

When Mellow Yellow and Ravaged Red moved onto the property November 13, 1987 - 23 years ago - they did so BECAUSE of the mobile home. From the transcript of the city council meeting, Lynda's answer on March 3, 2009 to the Mayor's question confirms that:
Mayor Weatherford: When you bought the property, did you have an intention to use it in a certain way?
Ms. Allen: Yes, it was all laid out. Yes...


The mobile home had already been on the property illegally for five years BEFORE the BDGs bought the place.

CLUELESS County of San Joaquin...




Then they moved their catering truck operation onto the property (without a Manteca land use permit) and used the mobile home as their commissary for six years (without a Health Department Commissary permit.) Oh, eventually they applied to the Health Department for a private commissary in 1993 - right after being told by the city that they could NOT expand their business use - then hauled all sorts of trailers, freezers, and an icemaker onto their property, and poured concrete and built several unpermitted sheds to cover all the crap, and dumped gravel over half the yard to turn it into a business compound.



CLUELESS City of Manteca...

It's about time this mobile home is gone! These charlatans saved a ton of money over those twenty-three years of hellish and illegal use, which kept them in business by undercutting the competition's operating costs and evading municipal regulations. (Their mantra: Nosy, whiney neighbors and officials be damned!)

Last week my attorney sent over a 30-day Notice to Inspect Property and a Demand For Production of Documents relating to the legality of the mobile home in my neighbors’ yard. The only document this mobile home possesses is the 1976 permit, above, which expired in 1982. This week the monstrosity, which enticed the two-legged rodents to take up residence in the first place, is finally being torn down.

Once the mobile home is gone, its address (812 Fishback Street) will be decommissioned by the City of Manteca.


This demolition assuages my fear that they were going to convert their illegal mobile home/TLC Commissary into Mellow Yellow's Pot Farm. The lawsuit will, of course, continue until the whole nonconforming operation is judged illegal and ALL the appertanant structures and equipment have to go. If new construction takes place for a pot farm enclosure, I will ensure that the BDGs have a Manteca building permit - just like when they tried to rebuild their back porch without a permit.



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Thursday, March 18, 2010

Cleaning Up Some of TLC's Environmental Waste

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Just to make sure the general public in Tracy and Manteca are protected from the lawless bent of my neighbors, I sent this letter to my helpful contacts at the Health Department to give them a heads up.

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San Joaquin County, Environmental Health Department
Attn: Jeff Carruesco, Program Coordinator
600 E. Main Street
Stockton, CA 95202

March 18, 2010

Re: Superior Court Case # 3-2009-00212085-CU-OR-STK,
Behling v. Allen, Brassey, TLC Catering and Commissary


Dear Mr. Carruesco,

The enclosed picture shows that Lynda Allen and Theresa Brassey, owners and operators of TLC Catering, have elected to cease business operations on their residential property located at 810 Fishback Street in Manteca and not move their operation elsewhere. If they have already contacted you with that decision, please provide me and my attorney with copies of all correspondence between the parties and the health permit cancellations for TLC Catering's MFPU's and the private commissary.

If they have not yet contacted you, please flag their account and provide the documents requested above as they become available.
. . .

Your department's files were extremely helpful to me in reconstructing the scope and duration of Allen's and Brassey's illegal operation. I only wish your department had been more diligent to verify their lack of property rights for this operation twenty-three years ago. Nevertheless, I am pleased that 1) the current poor economic climate, 2) my lawsuit against them for their lack of land use permits and causing a noise nuisance, and 3) their lack of business insurance have all combined to present this single option to the owners of TLC Catering and Commissary.

Sincerely,

Monday, January 4, 2010

Photos of the Bitches and Hens Next Door

(Sorry, no cats or bats...)

New Years Eve entertainment consisted of photographing the two little, yappy house dogs, who were let out late in the evening to "do their thing" in the caterers' yard. (Too bad my camera's lens isn't wide angle.) Say, Hi, to Rufus and friend. Believe me, these are the cutest living organisms on the property.





This other picture of the three yard dogs (at least their tails) was taken earlier this year during Lynda's foray into experimental fence reconstruction using the latest architechural styles. Anyway, they are newly licensed. Can you believe it? The neighbors were guarding their illegal business with "undocumented guard dogs"! According to Manteca's scripture-quality records, meet Gus, Whiskey, and Blue.




Kinda appetizing, don't you think, to have FIVE dogs roaming the half-acre property of a couple undocumented caterers? You know... crapping, pissing, shedding, sticking their noses into ice buckets, given free access to everything?

Manteca's may as well not have animal control ordinances. For those who remember... No, the simple question posed to Manteca's Police Chief over six weeks ago has not been answered. That question did not even address the cats and the chicken.

Ah, yes...don't forget the flying chicken shit factory. This bird could just as easily perch on a catering truck as a porch roof - and let it fly.




I doubt the commercial commissaries (the REAL ones) have a zooful of animals running wild around their premises. But, hey... what do I know? This whole catering truck business and its operators, judging by the TLC Sisters, give me the creeps. (What does TLC mean, anyway? Twisted Libidinous Cisterns?)

Besides, after all, doesn't the San Joaquin County, Environmental Health Department send a sanitation inspector next door ONCE a year to make sure the feces of the dogs, cats, chickens, and a couple old bats don't contaminate the burritos? Gives ya warm fuzzies on the outside - and maybe the inside, too - don't it?

Eat hearty, mates!

Tuesday, December 1, 2009

The Travel Trailer Shim Sham Shimmy

Well, I must admit, Manteca's code enforcement response time is certainly improving. Someone was out a mere 25 hours after I hit the enter key on the City's Government-Reach-Out-And-Touch/Love/Cuddle-Your-Neighbor online reporting system. That response time is warp speed 9 quicker than my first tooth-and-nail attempts to get ANY feedback from the city in March and April of 2008 (I was Sooo naive then.) Even so, Animal Control has them beat at only one hour turnaround last September 8th (2009), after I delivered my complaint in person. (Of course, the Animal Control officer still managed to screw up that investigation...)

Anyway, the white pickup truck with "Manteca Police Department" stenciled on the door, and "Code Enforcement" stenciled under that, pulled up to the curb on the east side of the street and took pictures of the travel trailer parked across the street. He pulled up the street a few rods, and down the street a chain or two, probably to photograph the various perspectives and to write observation notes. All told, approximately ten to fifteen minutes were spent on this endeavor.




Here is the online report that prompted the visit:

Thank you for contacting the City of Manteca. We appreciate the opportunity to assist you and assure you a positive experience with us.

The Complaint you submitted was:
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Request type: Boats, Trailers, RVs on Private Property

Description: Travel trailer at 785 Fishback Street is not in compliance with MMC 17.15.105 Parking and storage of mobile vehicles and accessories on pre July 19, 1978 parcels.

A Wilderness Advantage travel trailer by Fleetwood is parked in the home's side yard, open to view from the front (east) and unscreened on the side (south). In spite of it being there for over two years, no DMV licensing is displayed anywhere on it, only the dealer promo info. The trailer's pop-out extension has been deployed the entire time, the trailer is plugged into an outside electrical outlet, and there are indications someone is using it regularly or living in it.

The January 2009 ordinance's six-month enforcement "grace period" has long since expired.
- - - - - - - - -
Your request has been assigned to a [ed., an anonymous] city employee. You will receive a response within 5 days for this request. If it does take longer than this, please contact us by replying to this email.

The current expected due date is 12/10/09.


[Note: The 5-day response time means five "open for business" days. The tally has already included one every-other-Friday closure, three unpaid furlough days, two days for Thanksgiving, and four standard weekend days. So, add ten lost days to any 5+ days response.]

Yes, that RV has been parked there, unmoving, for a long, long time. And this complaint is regarding the property across the street from me - not the Neighbors From Hell (NsFH) property next door.

(Shhh... I'm not supposed to complain about them... Remember, I was quarantined by the Chief of Police from complaining to the City of Manteca about Lynda Allen and Theresa Brassey illegally operating their TLC Catering business, with the help of Corky Greene, from 810 Fishback Street, the residential property zoned R-1 since annexation where the three of them live, work, play, collect animals and other friends, jabber, eat, make ice, make love, make noise at all hours, take commercial deliveries, restock their illegal commissary building, build all sorts of unpermitted noncompliant structures, etc.)

The new ordinance regarding mobile accessory vehicles went into effect January of this year, so one might ask, "What about grandfathering?"

The answer is: "No grandfathering allowed." These are mobile vehicles and can be moved around while screening and parking surfaces can be retrofitted. If the vehicle is too big or the necessary improvements cannot or will not be made, then the arrangement is not permitted and the vehicle must be hauled off to an appropriate rental space somewhere else.

The BIG question on the readers' minds right now is, "Why is this guy picking on the poor unfortunates who live across the street?" The answer is, "I have (almost) nothing against the owners of the property across the street. I have never met them."

Yet this entire campaign is deadly serious and the traps are baited for more than one prey.

Tuesday, November 17, 2009

Deceitful Pattern Continues

Lynda Allen's myopic worldview is practically a religious expression subscribed to by Theresa Brassey and Corky Greene, and all the other hangers-on who drift through their tight orbit. The tenet goes something like this:

"I do what I want... and it's none of your damn business!"

This bedrock belief underlies every action they take. Even though they make their TLC Catering business my business, they refuse to mitigate any of this incessant noise from illegally operating their commissary and roach coach from their property:
They have turned their property into a compound to close off any view of their doings.
They quickly open and close the driveway gate only by pre-arrangement.
They have chased newspaper and TV reporters from their property.
They lie to code enforcement officers (who are only too happy to believe the lies.)
They lie to animal control officers (who are only too happy to believe the lies.)
They lie to the city council (who are only too happy to believe the lies.)
Their lies were well-received by the polymorphous city attorney.


Most recently, the defendants' brilliant counsel avoided (evaded?) giving up a material witness's whereabouts, and when a process server (an officer of the court) tried to find the witness, these legally-deficient women attempted to evade service by telling the officer to get off their property and not come back.

Hello?! Isn't being uncooperative during litigation a bad thing? A rational defendant would want a material witness to substantiate their defense, so they are either not rational or have no defense...

... or both {smilie}

Of course, judges deal continually with such putzes, so these indiscretions are not likely to provoke any sanctions. What are a few more rounds of game-playing after perfecting their technique for twenty-two years? These women have had much more than their share of "due process" - that term is more correctly called "undue process."

Oh, by the way, we got the witness served with a subpoena. {BIG smilie}

T, L, and C are now on the hook... carefully, we reel them in.

Wednesday, October 14, 2009

Icemaker's Vacation; Ice Bin Steals The Show

Monday was just a beautiful day all around - despite the twin noise events of the 3:00 a.m. Ice Bucket Brigade and the 6:15 a.m. icemaker start up. The day's weather was fantastic, tropical. A big Pacific storm was rolling onshore that evening and the afternoon's cloud cover convinced me at lunchtime to put a plastic bucket over the security camera out back.

.

The best part of Monday's lunch was NO ICEMAKER.

The best part of Monday evening was NO ICEMAKER.

The best part of Monday night/Tuesday morning was NO ICEMAKER.

.

The best part of Tuesday's lunch was NO ICEMAKER.

The best part of Tuesday evening was NO ICEMAKER.

The best part of Tuesday night/Wednesday morning was NO ICEMAKER.

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{May it be so ever. God be praised.}


There is one wrinkle, however. The icemaker and the roof-mounted condenser were merely giving the ICE BIN its moment in the spotlight.




Remember the property of ice called regelation? The ice from the weekend, still in the very large bin, tended to regelate or clump together in big chunks. Tuesday morning's Ice Bucket Brigade was bad enough - loud enough - with Corky fighting to chip the ice into pieces and get it into the plastic buckets.


But the monumental Ice Follies took place Wednesday morning! Like Vulcan wielding his smithy hammer on his anvil, this Ice Queen had her big metal scoop singing its CLANGING song as she hammered and chipped away at the diminishing chunk of increasingly (two-days) regelated ice in the bin. The power, the ferocity, rang out in every strike of cast aluminum on frozen water! But it was not monotone; the sound effects changed with the chosen striking surface of the scoop, and the meter of the song advanced and declined with each striking angle and each bucket filled. The performance easily stole away any opportunity for inattention - let alone drifting off to sleep. The artist played the instrument magnificently!


Together, this frigid goddess and her sheet steel ice god, rule the frozen wasteland to the south.



{Standing - wide awake - ovation}

Monday, September 14, 2009

What Is Two Times Zero?

A friend sent me a local newspaper story on adding another code enforcement officer to the city's workforce. (I'll leave the other discussion about general fund deficits and worker layoffs for later treatment.) The position is to be paid from Redevelopment Agency funds and the officer is to be proactive regarding blights in neighborhoods caused by failure to follow city ordinances.

Here is my nomination for his/her very first case: The owners of 810 Fishback Street are operating a catering truck and a commissary from their property, but they do not have the necessary zoning permit for a home occupation and do not meet the requirements to obtain one.

How long do I have to wait until this officer learns what the codes are, how to document the violations, and how to apply the enforcement sanctions? The ability to do background research is sorely lacking in current personnel, and we are to believe current personnel can train someone new?

Actually, the biggest question I have: How this officer is going to learn the city's procedures at all? It appears the City of Manteca does not have any procedures for code enforcement, judging from this email response.

- - - - -
Sent: Thu 1/15/2009 3:34 PM
From: Tilton, Joann [jtilton@ci.manteca.ca.us]
To: Richard Behling
Subject: Request for code enforcement policies and procedures

On January 6, 2009 you request copy's of Manteca's code enforcement policies and procedures, via email.

My research of my records and via the Police Chief shows we do not have the documents (policies and procedures) being requested.

I provided the Police Chief with the 2006-07 Grand Jury report you emailed to me and he is not familiar, nor could he find the information mentioned on page 51 of this report.

Thank you for your patience while awaiting a response.

Joann Tilton, MMC
Manteca City Clerk

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The San Joaquin County Grand Jury reported that they reviewed code enforcement policies and procedures from cities around the county, including Manteca. But, as one can see, when those policies and procedures were requested, the Manteca Police Chief doesn't know what I'm asking for.

Time will tell if code enforcement in this city gets any better or remains just another way to keep payroll money flowing to the well-connected.

This whole thing seems to be one more example of city puffery. It follows very closely on the heels of last year's "plan" to delete a vacant sworn officer position and hire and train two CSO's (Community Service Officers), cross-training them to answer code enforcement complaints as well.

$130 Per Week

That's how much a local catering service business would charge me each week to park my catering truck in their corporate yard. You know... that truck I'm going to buy from "a guy."
.

The $130 weekly per truck price includes water and electrical outlets, Darling International waste grease dumps, trash dumps, and two "barrows" (large contractor wheelbarrows) of crushed ice each day. The account carries weekly charges for additional ice, cleaning and food service supplies, a very large assortment of prepackaged foodstuffs, and some institutional sized ingredients for cooking onboard the big kitchens-on-wheels.
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$130 per week = $563 per month = $6, 760 per year per truck (today's dollars.) Below is a chart (larger chart) that lays out how many trucks TLC Catering had cleared for sanitary operations by County Health for each year from 1988 through 2008. Truck #3 is still in use in 2009 = 22 years.



In this calculation, the present value of the rent "savings" is assumed for all years.


If all these 22 years of business rent were transacted today, TLC Catering pockets $466,000 not available to any other catering businesses who operate legally. This is the core reason why TLC Catering was able to stay financially afloat all these years. This is the core reason Allen & Brassey fight like rabid dogs to preserve the false grandfathering claim of property use legality. For over two decades, this and other money was obtained illegally, while the City of Manteca stood by, blind and stupid.
Those hard dollars didn't appear out of thin air, either. They were purchased with non-monetary social costs paid by their neighbors: primarily, a quality of life degradation caused by noise pollution equivalent to harassment and assault and, secondarily, a continuing business blight putting severe pressure on residential property values.
There are a couple other very significant financial aspects to this case - the "savings" of middleman profit margins, and repeated refinancing while riding the real estate bubble. These will be discussed later as more information becomes available.

Thursday, February 19, 2009

Ice Cooled Neighbors

I needed a photo to prove the ice machine is an integral part of TLC Catering’s business, so I took this pic of the owner pouring ice from a plastic pail, from the wheelbarrow which transports the ice from the icemaker to the truck. Even IF I wanted to, I could not have staged a better photo than this hilarious shot (larger version here).



Wednesday, February 18, 2009

The Grandfather of All Reports

Here we go... Settle in for a nice story.



Allen & Brassey: TLC on Fishback Street


Documented Narrative

In 1969, Dale & Georgia Mae Grubb purchased 8.78 acres at 18590 S. Fishback Road, two blocks south of Manteca city limits, from the Marshall’s and the Montgomery’s.[A] As is sometimes the case, seven years later one set of older parents (dad, 81; mom, 76) came to live with them, so they put a mobile home on the property.[B] The County's Planning Department issued Dale Grubb a mobile home permit in April 1976,[C] and the dwelling was numbered as 18594 S. Fishback[D]. This temporary permit required two annual signoffs: a declaration of continued necessity and current California DMV registration. The last entries on the permit were in 1981. The Grubbs sold their 8.41 acres in 1983 (they earlier deeded .37 acre to Sandra Daniel in August 1976.) It is obvious the permitted use of the mobile home was discontinued, but it was never removed from the property as the permit required.

Elsewhere in San Joaquin County, somewhere between Manteca and Tracy, Lynda Allen and Theresa Brassey ran some kind of catering truck or vending machine business. One man remembers these two women selling foodstuffs from a small vending truck at his employer’s place in Tracy (West Star, a sheet metal shop) and also servicing stationary vending machines. A second man guesses that one of their customers was the Tracy Defense Depot, based on a later Fictitious Business Name filing. A third man remembers these women parking their trucks, with the TLC Catering “brand,” on a property on Airport Way in unincorporated Manteca and he did mechanical work on the trucks at his shop on Wetmore Street. His memory of them is clear because they always paid his bills late.

Lewis & Anne Mego were employed at the Livermore National Laboratory, he as a nuclear physicist, she as an administrative assistant. Moving from the Bay Area, they purchased the Fishback property from Dale & Georgia Grubb, recording the deed in November 1983.[E] What they did with Grubb’s abandoned mobile home is certain in two respects: 1) they did not remove it from the property, and 2) they did not operate a catering truck business from it. The couple lived quietly on Fishback Road while governmental agencies went about the task of helping Brocchini annex his land - and many other people's property - into Manteca city limits. Property holders were assessed a per-acre fee to pay the costs for the privilege of annexation.[F]

The Manteca City Council adopted a resolution during their October 27, 1986 meeting in order to apply for the annexation of the Pacific Road-Brocchini area, including the east side of Fishback Road.[G] San Joaquin County's Local Agency Formation Commission gave final approval to the project on December 17, 1986,[H] which date grants “grandfather” protection to previously lawfully established land uses.

An elementary school was scheduled to be built right behind the Mego's property (later the plan changed to Sierra High School) and in March 1987 the Mego's deeded all but one-half acre to Manteca Unified School District.[I] Grubb’s abandoned mobile home had to be moved about 100 feet west to remain within the Mego's new rear property line. Since one of the couple had reached that magic age where they could move into a gated retirement community, in April 1987 Lewis & Anne Mego purchased a new home from Homes by Pann,[J] moved onto Tiffany Walk in Manteca, and put the Fishback property on the market. The Mego’s had no business use of the property that could grandfather.[K] The noncompliant mobile home could not be grandfathered - only ignored by unaware owners and dismissed by irresponsible County Planning and County Building employees.[L]

This abandoned mobile home became a textbook case of an “attractive nuisance,” utterly irresistible to the pair of Allen & Brassey. They were drawn to the Mego’s Fishback property because of the affordable size and private location of the parcel and, undoubtedly, because Dale Grubb’s mobile home was still illegally on the property. (Hmmm, a quiet, backwater lot with an existing trailer to store our catering supplies and inventory - what a great place to set up shop! But the price the sellers want… hmmm... how can we swing that?)

On November 10, 1987 - eleven months after the annexation to Manteca was finalized - the property was purchased by Allen & Brassey. The deed was recorded along with a deed of trust for the promissory note payable to the Mego’s.[M], [N] With the recording of the deed, unsuspecting Manteca and unfortunate neighbors became hosts to a couple of parasitic entrepreneurs. Allen & Brassey immediately moved their business assets and operations onto the property from wherever they were previously based, surely ecstatic they no longer had to pay a business expense (rent) to house the trucks. These women played fast and loose with the rules, evaded regulations of any kind (they still do), and proceeded to operate their existing, unregistered business at their new location for the next sixteen months without obtaining a Home Occupation permit or its earlier counterpart. (See the TLC Catering Chart.)

Manteca renumbered the old county addresses to new city addresses. The main house that was 18590 became 810 Fishback,[O] and the unlawful mobile home at 18954 became 812 Fishback.[P]

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Please PAUSE reading here.

The case of unlawful use of residential property has been made. Let Allen & Brassey choose - relocate their business to a commercial zone, or, go out of business. Either way, they must remove all current and abandoned business assets and cease all business operations.

If you proceed, please understand that what follows does not alter the facts outlined above. The remainder of this narrative is a tragically comic documentary of the confused nonsense displayed by city and county personnel in dealing with the situation. Despite its entertainment value, the purpose of the following is to ensure the complete rehabilitation of 810 Fishback Street to its residential-only status by detailing all the "arms and legs" of this cancerous catering company that is to be removed from the property.

RESUME reading . . .
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Theresa Brassey, Lynda Allen (and a woman called Corky) finally recorded TLC Catering as a fictitious business name on March 15, 1989, the only such filing by them in the County Recorder’s Grantor/Grantee Index.[Q] The first publication of the notice appeared in the Manteca Bulletin on March 18, 1989[R], and has two other fictitious items besides the name: the business start date was listed as March 1, 1989, and the business address was listed as 27500 Chrisman Rd in Tracy. This would place their business in unincorporated County of San Joaquin, but that address does not exist in the County's current Graphical Information System, District Viewer.[S] All other similar addresses along the east side of that stretch of county road belong to the Tracy Defense Depot - likely a customer, maybe their best customer - but not TLC Catering’s business address. The most important reason the two scofflaws listed a county address was to evade Manteca’s requirements for a business license and a land use permit (precursor to a Home Occupation permit.)

Then the mobile gourmets really got busy. San Joaquin County, Environmental Health Department (EHD) records show TLC Catering swapping trucks and trading license plate numbers on existing Health Permits re-issued in 1989. With money obtained from who-knows-where, they purchased three large Mobile Food Preparation Units (MFPU’s), including at least one new 1989 Chevy.[T] These monstrosities are kitchens on wheels, each as large as a sizable motor home. Unfortunately, the perishable foods are ice-cooled rather than refrigerated.

Allen & Brassey did not have a Commissary Permit from EHD. This is shown in a March 7, 1991 letter from TLC Catering to EHD, which listed the four external commissaries utilized by the business at that time.[U] All of the commissaries listed were away from the property, the main one being a Save Mart supermarket in Tracy. Brassey failed to mention any utilization of their residential property as a commissary. Current correspondence from EHD indicates these “law-abiding citizens” did not move their trucks onto the property prior to acquiring the private commissary.[V] (That, however, only strengthens the case of illegal enlargement after warning.)

Both the County of San Joaquin and the City of Manteca adopted ordinances in 1992 establishing a special class of land use permits, known as Home Occupation Permits. It is for people who operate all, or part, of their approved business from their homes in residential zones. The wording of Manteca’s Code, Section 17.61.030, defines the concept of “grandfathering” for preexisting nonresidential uses:

“Nonconforming use” means any use of land or property that was lawfully established and in compliance with all applicable ordinances and laws at the time the ordinance… became effective, but which… is a use not listed as permitted,… or [is] subject to permit in the zone in which it is located. (emphasis added.)

An element common to all grandfathering provisions is a restriction on enlarging or expanding the protected use. Allen & Brassey added a fourth truck to the TLC Catering fleet on August 5, 1992.[W] It was a smaller Limited Food Prep truck, also a 1989 Chevy. The application listed Bonnie Jean Carson of Lathrop as the driver and California Commissary at 2440 Airport Way in Stockton as the commissary.

Why bring up grandfathering in relation to the 1992 Home Occupation ordinance when it has already been proved that operating and expanding TLC Catering on the property was an unlawful land use from the moment Allen & Brassey moved in five years earlier? The top four reasons are: #4) The recently added fourth truck was crowding the half-acre lot; #3) The new ordinance prohibited the business from having non-resident, non-family employees; #2) These employees were parking their cars on the street in front of neighbors’ houses, and the neighbors complained; and, the most important reason, #1) Without properly verifying the property purchase date and any County Planning permits, code enforcement investigators believed Allen & Brassey’s fraudulent claim that the property’s use was lawfully established. After evading City regulation for five years by falsely listing a county address in their public filing of fictitious business name, these two shysters dodged another bullet by constant repetition of their lie about the business being grandfathered. Their constant chant, “We have operated our business on the property ever since we moved in,” is entirely true – except they moved in after annexation. The public documents show that Allen & Brassey were never on the property before December 1986 and never had a Manteca permit to use this property for business purposes before the 1992 ordinance - but that never stopped them from promoting this falsehood.

These women were not asked the question, When did you move onto the property? Any observant code enforcement officer who bothered to verify their story could have ended this travesty many years ago. (Lest any current pots start calling the former kettles black, the identical “softball Q&A” took place just last April with the present code enforcement officers.[X] ) In the absence of any proactive code enforcement, Manteca badly bungled its first citizen-complaint-driven opportunity to enforce zoning law compliance by these two charlatans. Even worse, in an error of mind-boggling proportions, Manteca handed these women the KEYS TO THE CITY in a June 1993 letter saying they had “legal, nonconforming” status.[Y] They must have been euphoric! Untouchable goddesses! They had successfully snuffed their nosy neighbors and hornswoggled those pestilent Manteca regulators! "Life is good!" Allen was heard cackling.

(Note: The letter is not a permit and only legally established uses can be grandfathered.)

Yet the TLC Life just kept getting better! Emboldened by Manteca's emasculation, three months later Allen & Brassey assumed home occupation (land use) permission from Health Department (food sanitation) permits and made an application payment to EHD to establish and operate a private commissary, naming their property at 810 Fishback Street as the location for inspections.[Z] (The current Manteca code enforcement officer opined that Allen & Brassey were merely attempting to “legalize” what they had been doing “since they moved in.” When did they move in? Sorry, but they still need a land use permit.) The nine months following September 1993, was likely the period when a walk-in freezer and a refrigerated shipping container were hauled onto the property, refrigerators and freezers were plugged in everywhere, lights and floodlights strung up, and an ancient, noisy icemaker was improperly installed. The illegal mobile home, that longstanding error, was swallowed up in the larger commissary operation, pieces of which were scattered all around the property. The following June, the Health Department plan checks were done and in July 1994, EHD issued a Commissary Permit to the owners of TLC Catering. Again assuming nonexistent permissions, Allen & Brassey began taking commercial deliveries to their property, something expressly prohibited for home occupations. They were now set with four catering trucks, a fully equipped private commissary, and commercial vendors whose big trucks delivered supplies and services to their doorstep... they were unstoppable.

===== Current note regarding commercial deliveries =====

Despite poor, little Lynda Allen telling code enforcement on 11/17/08 that she "now buys supplies on a nearly daily basis from Costco,"[AA] she failed to mention that TLC Catering is still on the weekly delivery routes of three large food vendors. For twelve years these delivery trucks made stops at 812 Fishback to sell products to the commissary for the four catering trucks in use; then three more years for just two catering trucks; now only one. To service the trucks and commissary:

· The Crystal Dairy[BB] (now owned by Foster Farms) refrigerated truck arrives - brakes squealing - every Monday morning at 3:00 a.m.

· The Hostess Cakes[CC] (Interstate Bakeries Corp.) truck delivers weekly, usually on a Friday, arriving between 5:30 a.m. and 6:30 a.m.

· Oroweat[DD] (Bimbo Bakeries USA) makes an unattended delivery around 12:00 noon each Monday, where the Oroweat driver opens the security gate and drives onto the property.

· A very special vendor, Darling International Inc.,[EE] the nation's largest recycler of inedible animal by‑products, makes time in its Manteca route schedule for an as-needed pickup of TLC Catering’s waste cooking grease, which is stored in barrels on-site until pickup. (Dairy operators also use this vendor for the hauling away of "downer" cows.) A very large pumper truck has been observed twice, months ago at 10:45 p.m. and more recently at 3:00 a.m., for a very noisy forty-five minute vacuum collection process.

===== End current note =====

So impervious were they to lawful regulation that Allen & Brassey failed to re-file Fictitious Business Name (FBN) statements as required every five years. By law they should have re-filed in 1994, 1999, 2004, and 2009. Whether TLC Catering is a legal business or not; whether they hold a valid Home Occupation Permit or not; the State of California requires every person doing business for profit, under a name other than his or her own, to file a Fictitious Business Name statement and re-file every five years thereafter.[FF] If any of the information changes (such as the business' principal address), then re-publishing the notice in a newspaper must also occur. One legal consequence of failure to file current FBN statements is that any legal action, as plaintiff or defendant, cannot be maintained under that business name in court.


The City of Manteca took Allen & Brassey (or was it TLC Catering?) to Small Claims court in June 1996 over unpaid garbage bills for both 810 & 812 Fishback.[GG] No FBN was entered on the initial court filing. Four years later, in August 2000, the judge ordered the debt erased and ordered the City to exempt (the owners? the business? the address?) from the city’s garbage collection program. What defense was offered? What was the basis for the exemption? The answers are most likely buried in papers somewhere in Manteca's City Attorney's office. One guess is that Allen & Brassey put up their well-worn “legally grandfathered business” defense against the City for past and future fees. (Oh, the irony! Manteca must have forgotten the KEYS TO THE CITY letter they gave to these fighting hens. On the other hand, Allen & Brassey should have been barred from a TLC Catering defense in the absence of a current Fictitious Business Name statement.)

One costly bottleneck still existed for TLC Catering / Allen & Brassey. Their PG&E bill must have been astronomical because, on top of their household and water well pump usage, they were also running all the business appliances: standard refrigerators and freezers, industrial walk-in refrigerators and freezers, an inefficient outdoor icemaker, floodlights and strings of yard lights, besides the hot water heater for the mobile home/commissary and plugging in the parked MFPU's. In April 2004, they had their next door neighbors, Roger & Flora Stewart of 786 Fishback, obtain a Manteca building permit for Power Independence of Stockton to put up seven massive solar panel arrays and install the wiring and 10,000-watt control system to handle all these electrical needs.[HH] Of course, the installation was on 810 Fishback - not as permitted for 786 Fishback - so just how the City and the Stewarts were conned by these con artists is a mystery. Final inspection took place in September 2004.

TLC Catering gave up two EHD catering truck permits after 2003 and another permit after 2006. One truck and some commissary equipment (the illegal mobile home, standard refrigerators and freezers, and, most regrettably, the noisy icemaker) continue in operation. Unused business vehicles, large walk-ins, and other equipment encumber the property[II], like so much flotsam and jetsam, mixed in with other vehicles and a restaurant business-specific enclosure or “corral” for waste grease barrels. Unpermitted and otherwise shoddily built covered patios are attached to the illegal mobile home and the legal outbuilding. (Falling into that last category is the “sound-enhancing” plywood box around the icemaker, designed by an unemployed truck driver and constructed by him as a paid but undeclared employee.) Because Allen & Brassey evaded city refuse pickup for yet unknown reasons, commingled household and business trash piles high in an open pickup until hauled off to the county transfer station.[JJ]

[A] Grantor/Grantee Index, Deed to Grubb, Recorder’s Document # BK3321PG143, dated July 22, 1969.

[B] Mobile home, DMV license plate # FQ1259.

[C] San Joaquin County, Mobile Home Permit, April 1, 1976. Two pages.

[D] City of Manteca, Engineering Department, Engineering Grid # 24 D.

[E] Deed to Mego, Recorder’s Document # 83084852, dated November 25, 1983. Three pages.

[F] Revised Annexation Proposal, Memorandum of January 16, 1985. Four pages.

[G] City Council Minutes, 10/27/1986, Resolution R7838 adopted. Three pages.

[H] LAFCO Certificate of Completion, Recorder’s Document # 86105713, dated December 17, 1986. Seven pages, including other material.

[I] Grantor/Grantee Index, Deed to Manteca Unified School District, Recorder’s Document # 87025020, dated March 23, 1987. Two pages.

[J] Deed to Mego, Recorder’s Document # 87028587, dated April 2, 1987. Two pages.

[K] Email from Crosby, County Planning Department, dated August 14, 2008.

[L] Code enforcement case notes, CE-08-753, 11/20/2008, 9:01 a.m., with Rick Matuska.

[M] Deed to Allen & Brassey, Recorder’s Document # 87103627, dated November 10, 1987. Three pages.

[N] Deed of Trust to Mego, Recorder’s Document # 87103628, dated November 10, 1987. Three pages.

[O] Letter from Hulsey, City Engineering, dated December 30, 1986
.
[P] Letter from Hulsey, City Engineering, dated January 7, 1987. Two pages, incl. picture.

[Q] Grantor/Grantee Index, Fictitious Business Name, Recorder’s Document # 98000597, dated March 15, 1989.

[R] Manteca Bulletin, March 18, 1989, Page B-4, Public Notice.

[S] Screen prints from San Joaquin County District Viewer for Chrisman Road in Tracy, California. Two pages.

[T] Code enforcement case notes, CE-08-752, Vehicle Information, License # 4A09350.

[U] Letter from TLC Catering (Theresa Brassey), dated March 7, 1991, to EHD.

[V] Email from Jeff Carruesco, EHD Program Director, dated 1/27/09.

[W] EHD Application for a new food vending truck, dated 8/5/92.

[X] Code enforcement case notes # CE-08-182, 4/17/08.

[Y] Letter from Cantu, Manteca Planning Department, dated June 29, 1993.

[Z] EHD Account Statement, dated 08/15/94. Commissary application payment posted 09/17/93; Commissary permit posted 07/13/94.

[AA] Case notes, CE-08-753, 11/17/08, 2:01 p.m.

[BB] Picture of Crystal truck, and information from Foster Farms Dairy website. Three pages.

[CC] Information from Interstate Bakeries Corporation website. Two pages.

[DD] Picture of Oroweat truck, and information from Bimbo Bakeries USA website. Two pages.

[EE] Information from Darling International Inc. website. Two pages.

[FF] Fictitious Business Name Statement form and instructions. Two pages.

[GG] Small Claims Court register page for Case # MS-34246, filed June 21, 1996. Two pages.

[HH] Manteca building permit, dated April 2004. Two pages.

[II] Annotated pictures of TLC Catering’s operations yard. Two pages.

[JJ] Picture of Manteca’s refuse pickup “opt-out” program for unlawful businesses.

Wednesday, December 31, 2008

JACKPOT! (Ka-ching... ka-ching... ka-ching...)

Nothing is sweeter than revising assumptions and revisiting unchallenged claims - and blowing those claims to hell!



Here I recap my progression from naïveté to hardened cynicism...






1. I originally assumed TLC Catering was a legal business, with law-abiding owners who had the necessary neighborliness to mitigate any noise or other nuisance their business might generate in a residential area. My neighbor, Lynda Allen, immediately gutted that assumption with her caustic and intimidating communication tactics. She stridently chanted her mantra, "I have a legally grandfathered business," while clutching and waving some yellowed papers in her ancient fingers. The City of Manteca had apparently given her some reason to believe that. Who was I to argue with both neighbor and City Hall?


2. I assumed a "legal business" would be subject to a City of Manteca noise ordinance. After suffering an insufferable summer of sleep deprivation caused by an equally ancient Scotsman commercial icemaker, improperly installed outdoors and too close to my fence line and house, I was driven to file a series of written complaints outlining the depth, breadth, and seriousness of the problem. The city ignored my initial letters and public statements at city council meetings. This led me to stumble upon the fact that this was a "new" noise ordinance, and never would apply to a grandfathered business. My research began in earnest. For many months - and until it was too late - the city did not even try to measure the noise nor to enforce the "old" ordinance.



3. I assumed a "legal business" would be subject to a City of Manteca business permit. Manteca personnel dispatched that thought with the simplistic argument that the "activity next door was not a business" and did not need a business permit because TLC Catering did not transact any retail sales in Manteca's city limits. The city has NEVER issued TLC Catering a Business Permit for Revenue, and still refuses to acknowledge all of the non-retail activities of an actively operating business by requiring a Business Permit for Regulation Only.



4. I assumed a "legal business" would be subject to a City of Manteca permit for a Home Occupation because business or non-business activity of a non-residential character in a residential zone requires one (also known as a Conditional Use Permit prior to 1992.) TLC Catering has NEVER had such a permit. Code enforcement officers, Manteca Chief of Police, Manteca planning (zoning) personnel, and the Manteca Director of Community Development have all waffled so badly with mealy-mouthed answers to this one that I am still unsure if they know what Municipal Code sections apply.



5. My research turned up a 1993 letter from the City wherein TLC Catering's operations were declared a "legal but non-conforming use" of property. (This must be where Lynda Allen's mantra came from.) I assumed that the TLC Catering commissary business expansion, which occurred in 1994, would be restricted from grandfathering according to the letter's explanation, or at least be subject to Manteca's 1992 Home Occupation ordinance. That supposition was blasted when a code enforcement officer took it upon himself to misinterpret common law and write, "I am not necessarily in agreement..." (I know where this one is going...)



Finally, I revisited the original assumption - grandfathering at annexation.



- - - - - IF:



* Prior to December 17, 1986,

* A catering truck business was operating on that property, and

* It was doing so legally,



- - - - - THEN, it would be grandfathered for:



* The continued use of that property,

* At no greater than existing level and scope of business use,

* By the current and subsequent property owners,

* Until the non-conforming use ceases.



JACKPOT!



Until now, I have never argued that TLC Catering was an illegal business; only that its use of residential property was illegal. I have questioned the legality of the business expansion resulting in a full commissary on the property. But now it appears that the entire business - all operations, assets, equipment (especially the icemaker), and large and small business jetsam - is illegally occupying a residential property.


The only question remaining is: Did Lewis Mego and Anne Mego, the former property owners, operate a legal catering truck business on the property on December 17, 1986, and until they sold the property to Lynda Allen and Theresa Brassey eleven months later, on November 10, 1987?


If the Mego's had a catering truck business AND a legal land use permit from San Joaquin County, then that business use would be grandfathered. However, all indications so far are that my neighbors purchased the property from the Mego's and THEN began to establish an unpermitted and illegal business operation on residential property within Manteca city limits.



.


Stay tuned for the next episode of this long-running soap opera...


.

Tuesday, December 23, 2008

Fire Drill at the Health Department

Following up on my second public records request to the Environmental Health Department (EHD), the program coordinator and I played “telephone/vacation tag” for a few weeks before we spoke.

My intent with this visit was to copy the entire contents of the five file folders (three inactive trucks, one active truck, and one active commissary) and review everything at home.

At 10:00 a.m. on the morning of December 10th I was at the EHD copier. At 10:05 a.m. the fire alarm went off and all employees and visitors had to evacuate the building and walk three or four blocks to the designated assembly site at a parking lot under the cross-town freeway. It was NOT a drill because a fire truck responded to the alarm. The story I heard was that someone had burned something in the break room microwave. Of course, out in the cold, I had to give the program coordinator a ribbing by accusing him of doing anything to avoid giving me access to the records. I did finish copying the files after the all clear was given.

That night I went through each page, individually, and teased its story out and into my notes. I was heartened to find that the pages I obtained last August to create the “Timeline” were sufficient to prove my “expansion” argument, but more pleased with creating a chart, with ALL the intervening data, that made for a compelling visual.




The chart depicts the three critical dates in 1993 and 1994 that prove TLC Catering both enlarged AND expanded its business use of the property AFTER being explicitly told the prohibition against enlargement or expansion in the Cantu letter. The result was well worth the second visit to EHD (even with parking fees, copying fees, fire drill, etc.) and the night of analysis and charting. Now, when the right time comes to present the case, I won't have to "spell it out" because I've "drawn them a picture."

My problems are: 1) I have been crediting City of Manteca officials with far too much ability to understand law and read written words; 2) expecting the City of Manteca to know what's in their files, or even to locate them, and to be even remotely helpful in aiding a thorough investigation; 3) the EHD (the grandmother) and the City of Manteca (the grandfather) do not combine their separate dealings with TLC Catering (the spoiled, manipulative child) in order to operate from "the big picture."

Anyway, next steps involve receiving the last-requested public records from Manteca, interleaving already received building permit information into my "Timeline," requesting DMV records for license plates on certain catering trucks and the commissary trailer, and searching within Manteca's 1986 annexation records to verify any "grandfathered" levels of legal but non-conforming use.


(Damn! I'll miss that icemaker when it's gone!...)


(NOT!...)