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Home My WebLink AboutItem 12 - COUNCIL READING FILE_i_Assorted Email Correspondence 21 Van Beveren, Daniel From:Amberg, Mark Sent:Wednesday, May 20, 2020 11:14 AM To:Claims Administrator; Jorgensen, Markie Subject:FW: CAN YOU VERIFY THESE AS CITY SPEC'S FOR DECORATIVE LIGHT FIXTURE AND WHO HAS PURCHASE INFORMATION; 679 Monterey St. ; From:Amberg, Mark Sent:Monday, May 4, 2020 4:18 PM To:William S. Walter <wwalter@tcsn.net> Cc:Hannula, Hal <hhannula@slocity.org>; CityClerk <CityClerk@slocity.org>; 'Stephen Williams' <sawillaims@yahoo.com>; Guzman, Manuel <mguzman@slocity.org>; Codron, Michael <mcodron@slocity.org>; Marquart, Ben <bmarquar@slocity.org>; LaFreniere, Matt <mlafreni@slocity.org>; Horn, Matt <mhorn@slocity.org>; Marquart, Ben <bmarquar@slocity.org> Subject:RE: CAN YOU VERIFY THESE AS CITY SPEC'S FOR DECORATIVE LIGHT FIXTURE AND WHO HAS PURCHASE INFORMATION; 679 Monterey St. ; Mr. Walter, My apologies for not getting back to you earlier today. Please see my specific responses to your questions below. Briefly, however, the project needs to be completed with all required conditions of approval, including your replacement of the decorative light fixture in question. The plans for this project were approved in 2018 with replacement of the light fixture included as one condition of approval. This most recently was confirmed in the encroachment permit drawn by your contractor. It is best if you contact City staff to clarify any compliance requirements, to clarify any specifications or to coordinate removal of the existing light pole by your contractor. It is my understanding that PG&E is scheduled to de-energize the light pole as early as tomorrow but that can be confirmed with either Mr.LaFreniere or Mr. Marquart. Sincerely, Mark Amberg From:William S. Walter <wwalter@tcsn.net> Sent:Friday, May 1, 2020 4:34 PM To:Amberg, Mark <mamberg@slocity.org> Cc:Hannula, Hal <hhannula@slocity.org>; CityClerk <CityClerk@slocity.org>; 'Stephen Williams' <sawillaims@yahoo.com>; Guzman, Manuel 2 <mguzman@slocity.org>; Codron, Michael <mcodron@slocity.org>; Marquart, Ben <bmarquar@slocity.org>; LaFreniere, Matt <mlafreni@slocity.org> Subject:RE: CAN YOU VERIFY THESE AS CITY SPEC'S FOR DECORATIVE LIGHT FIXTURE AND WHO HAS PURCHASE INFORMATION; 679 Monterey St. ; Hello Mr. Amberg, To focus on the most time sensitive issues as indicated in the emails: 1.Who at the City has authorized the legal position taken in Mr. Marquart’s email? Mr. Marquart’s April 30 and May 1 emails do not state a legal position –he has attempted to provide you with information to assist you with compliance with the conditions of your permit. Of course, who has been included in any discussion or authorization of legal positions on behalf of the City falls under attorney-client privilege. 2.Please advise if Mr. Marquart’s email is a final City decision which is subject to administrative appeal to the appropriate quasi-judicial authority of the City. No. As noted, Mr. Marquart has just provided information to attempt to assist you with compliance with the conditions of your permit. 3.Please identify any formal appeals forms and procedures, ordinances. Generally, appeals procedures and timelines are outlined in City Code Chapter 17.126. 4.Can staff verify the specifications the City requires in the attachments sent in previous emails so that the proper decorative light post can be ordered (subject to pending objections) and installed.This is a public works task which is ill-suited to be undertaken by a private property owner repairing a significant historic resource of the Downtown Core thereby conferring substantial public and community benefits. I believe staff has already verified that the specifications for the light fixture provided in the attachments are the applicable specifications but staff can work with you to verity the specifications. 5.Who at the City has authorized the private removal and suggested destruction of the City owned, historic light fixture, installed by the City, owned by the City, maintained by the City, electrical billings paid by the City?Is it a gift of public funds? Can I sell it?Has it become mine as a condition of approval of the Bello House Foundation Repair permit? If the City determines that the existing light fixture is without value, it can be declared surplus and disposed of. The Public Works Director in this instance has the authority to make that decision. I do need to avoid damages as much as possible so getting the City’s light fixture off the site is very time critical so we can install new downtown style sidewalks with required tiles, colored concrete, etc. Any practical assistance in that regard would be appreciated and benefit everyone. 3 Best wishes and keep safe!I look forward to your input. Bill Walter The Bello House 679 Monterey St. San Luis Obispo, CA 93401 805 541 6601 805 541 6640 (fax) From:Amberg, Mark <mamberg@slocity.org> Sent:Friday, May 01, 2020 4:05 PM To:William S. Walter <wwalter@tcsn.net> Cc:Hannula, Hal <hhannula@slocity.org>; CityClerk <CityClerk@slocity.org>; 'Stephen Williams' <sawillaims@yahoo.com>; Guzman, Manuel <mguzman@slocity.org>; Codron, Michael <mcodron@slocity.org>; Marquart, Ben <bmarquar@slocity.org>; LaFreniere, Matt <mlafreni@slocity.org> Subject:RE: CAN YOU VERIFY THESE AS CITY SPEC'S FOR DECORATIVE LIGHT FIXTURE AND WHO HAS PURCHASE INFORMATION; 679 Monterey St. ; Dear Mr. Walter, Our office will respond to the concerns you have raised by the first part of next week. Thank you, Mark Amberg Mark Amberg Temporary Assistant City Attorney City Attorney's Office 990 Palm Street, San Luis Obispo, CA 93401-3249 E mamberg@slocity.org T 805.783.7837 slocity.org 4 The information contained in this e-mail message is intended only for the CONFIDENTIAL use of the designated addressee named above. The information transmitted is subject to the attorney-client privilege and/or represents confidential attorney work product.Recipients should not file copies of this email with publicly accessible records.If you are not the designated addressee named above or the authorized agent responsible for delivering it to the designated addressee, you received this document through inadvertent error and any further review, dissemination, distribution or copying of this communication by you or anyone else is strictly prohibited.IF YOU RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONING THE SENDER NAMED ABOVE AT (805) 781-7140.Thank you. From:Codron, Michael <mcodron@slocity.org> Sent:Friday, May 1, 2020 3:21 PM To:William S. Walter <wwalter@tcsn.net>; Marquart, Ben <bmarquar@slocity.org>; LaFreniere, Matt <mlafreni@slocity.org>; Amberg, Mark <mamberg@slocity.org> Cc:Hannula, Hal <hhannula@slocity.org>; CityClerk <CityClerk@slocity.org>; 'Stephen Williams' <sawillaims@yahoo.com>; Guzman, Manuel <mguzman@slocity.org> Subject:RE: CAN YOU VERIFY THESE AS CITY SPEC'S FOR DECORATIVE LIGHT FIXTURE AND WHO HAS PURCHASE INFORMATION; 679 Monterey St. ; Hello Mr. Walter, I am copying in Mark Amberg from our City Attorney’s Office. We have received this latest e-mail and you can expect further correspondence to come through his office. Thank you,-Michael Michael Codron Director of Community Development Community Development 919 Palm Street, San Luis Obispo, CA 93401-3249 E mcodron@slocity.org T 805.781.7187 slocity.org 5 From:William S. Walter <wwalter@tcsn.net> Sent:Friday, May 1, 2020 1:26 PM To:Marquart, Ben <bmarquar@slocity.org>; LaFreniere, Matt <mlafreni@slocity.org> Cc:Hannula, Hal <hhannula@slocity.org>; Codron, Michael <mcodron@slocity.org>; CityClerk <CityClerk@slocity.org>; 'Stephen Williams' <sawillaims@yahoo.com>; Guzman, Manuel <mguzman@slocity.org> Subject:RE: CAN YOU VERIFY THESE AS CITY SPEC'S FOR DECORATIVE LIGHT FIXTURE AND WHO HAS PURCHASE INFORMATION; 679 Monterey St. ; Importance:High Hello Ben, I think you are being put in a difficult position on issues which may exceed your authority, job description and legal knowledge.Plans do not control conditions of approval which must be subject to statutory and constitutional standards (“rough proportionality”, “rational nexus,” “illegal exaction,” “due process”, taking and damaging private property”, etc.)The conditions of approval do not support your assertions and legal opinions. Out of fairness and consideration to the unfair position you are being placed in regarding the shared responsibility for constitutional violations, due process, takings, civil rights violations under 42 USC Section 1983, etc., can you inform me: 1.Who at the City has authorized the legal position taken in your email? 2.Please advise if this is a final City decision which is subject to administrative appeal to the appropriate quasi-judicial authority of the City. 3.Please identify any formal appeals forms and procedures. The lamp post is owned by the City; the power bill is paid by the City; it is property of the City; it is the legal responsibility of the City. I am putting everyone copied on notice that we are ready to proceed; I estimate delay damages at $10,000 per month in addition to increased construction charges; it is imperative that the lamp post be removed immediately.We cannot put the required Mission style tiles in the area of occupied by the City’s existing lamp post. Lastly, can you verify that the attachment contains the correct specifications for the decorative lamp post as requested in in my April 29, 2020 email. Thank you and I’m sorry that you’ve been put in this position of participating in serious constitutional violations of my property rights defined by clear legal precedents over which the United District Court in Los Angeles has jurisdiction per a recent US Supreme Court decision. Sincerely, Bill Walter 6 From:Marquart, Ben <bmarquar@slocity.org> Sent:Friday, May 01, 2020 12:17 PM To:William S. Walter <wwalter@tcsn.net>; LaFreniere, Matt <mlafreni@slocity.org> Cc:Hannula, Hal <hhannula@slocity.org>; Codron, Michael <mcodron@slocity.org>; CityClerk <CityClerk@slocity.org>; 'Stephen Williams' <sawillaims@yahoo.com>; Guzman, Manuel <mguzman@slocity.org> Subject:RE: CAN YOU VERIFY THESE AS CITY SPEC'S FOR DECORATIVE LIGHT FIXTURE AND WHO HAS PURCHASE INFORMATION; 679 Monterey St. ; Good Afternoon Bill- The Projects approved plans require the removal and replacement of the existing light through the permit holder.The City will notify the permit holder when the light has been deenergized.Upon further review of these plans,it will be up to the contractors discretion of how to dispose of the light fixture, you may dispose of the light pole per your approved recycling plan.Notify the construction inspector when this work is planned to occur, and your construction inspector will collect the existing banner and return the banner to the downtown association. Thank You, Ben Marquart Engineering Inspector Public Works 919 Palm Street, San Luis Obispo, CA 93401-7314 E bmarquart@slocity.org From:William S. Walter <wwalter@tcsn.net> Sent:Thursday, April 30, 2020 1:27 PM To:Marquart, Ben <bmarquar@slocity.org>; LaFreniere, Matt <mlafreni@slocity.org> Cc:Hannula, Hal <hhannula@slocity.org>;Codron, Michael <mcodron@slocity.org>; CityClerk <CityClerk@slocity.org>; 'Stephen Williams' <sawillaims@yahoo.com>; Guzman, Manuel <mguzman@slocity.org> Subject:RE: CAN YOU VERIFY THESE AS CITY SPEC'S FOR DECORATIVE LIGHT FIXTURE AND WHO HAS PURCHASE INFORMATION; 679 Monterey St. ; Hi Ben, 7 I expect the City to remove its light post at its expense.It does not belong to me and never has.It serves an adjacent City Lot 10. Let me know when you can have it removed. Thank you, Bill Walter From:Marquart, Ben <bmarquar@slocity.org> Sent:Thursday, April 30, 2020 1:18 PM To:William S. Walter <wwalter@tcsn.net>; LaFreniere, Matt <mlafreni@slocity.org> Cc:Hannula, Hal <hhannula@slocity.org>; Codron, Michael <mcodron@slocity.org>; CityClerk <CityClerk@slocity.org>; 'Stephen Williams' <sawillaims@yahoo.com>; Guzman, Manuel <mguzman@slocity.org> Subject:RE: CAN YOU VERIFY THESE AS CITY SPEC'S FOR DECORATIVE LIGHT FIXTURE AND WHO HAS PURCHASE INFORMATION; 679 Monterey St. ; Hi Bill- Once PGE has de-energized the street light, (Matt or I will let you know when that happens) (PGE called me this morning and it should be in the next few working day) it is up to the contractor to remove and transport the existing light pole as well as the current farmers Market banner. (the banner will be returned to the downtown association for the duration of the project for safe keeping (I can organize that) and the pole will need to be transported to the City of San Luis Obispo’s Corporation Yard (25 Prado Rd) for off-loading. Please let me know your schedule so I can arrange for receiving at the Corporation yard and let me know if you have any further questions. Thanks, Ben Marquart Engineering Inspector Public Works 919 Palm Street, San Luis Obispo, CA 93401-7314 E bmarquart@slocity.org From:William S. Walter <wwalter@tcsn.net> Sent:Thursday, April 30, 2020 10:48 AM To:LaFreniere, Matt <mlafreni@slocity.org>; Marquart, Ben <bmarquar@slocity.org> 8 Cc:Hannula, Hal <hhannula@slocity.org>; Codron, Michael <mcodron@slocity.org>; CityClerk <CityClerk@slocity.org>; 'Stephen Williams' <sawillaims@yahoo.com> Subject:RE: CAN YOU VERIFY THESE AS CITY SPEC'S FOR DECORATIVE LIGHT FIXTURE AND WHO HAS PURCHASE INFORMATION; 679 Monterey St. ; Importance:High Hello Ben and Matt, Thank you Matt for taking the lead and providing information. I think the information demonstrates that putting in a decorative street light is a municipal public works function which should be handled directly by the public entity and its established contractors. I have called Scott Wilson and am awaiting a reply.I suspect that as an owner restoring a historic home who will never be a returning customer, I don’t have the clout to get a speedy call-back.I’ll never have the City’s purchasing power or established relationship.Why wouldn’t this information be included in the project conditions for small projects, saving your time and the owners’?This is a very inefficient process for a foundation repair and stair replacement of valued private historic resources whose only fault is being in a non-funded “Downtown Lighting District.” At the moment, we have a critical need to have the existing City Street light removed. When can that happen?I’ve been asking for a while. Thanks, Bill From:LaFreniere, Matt <mlafreni@slocity.org> Sent:Wednesday, April 29, 2020 1:23 PM To:William S. Walter <wwalter@tcsn.net>; Marquart, Ben <bmarquar@slocity.org> Cc:Hannula, Hal <hhannula@slocity.org>; Codron, Michael <mcodron@slocity.org>; CityClerk <CityClerk@slocity.org>; 'Stephen Williams' <sawillaims@yahoo.com> Subject:RE: CAN YOU VERIFY THESE AS CITY SPEC'S FOR DECORATIVE LIGHT FIXTURE AND WHO HAS PURCHASE INFORMATION; 679 Monterey St. ; Hi Bill, Now that the permit is issued, your contractor’s primary contact should be Ben Marquart. 1)Ben Marquart (Public Works inspector, included on this email) should be able to coordinate with you and/or your contractor regarding the attached engineering standards and construction processes. I’ve included all streetlight standards to reference as needed. The complete 9 City Standard Specifications & Engineering Standards are available online at https://www.slocity.org/home/showdocument?id=19925. Ben, I’ve included Bill’s submittal dated 4-29-20 (attached). 2)Ben Marquart can also assist you with this. The primary source/installer of these lights is Scott Wilson with Lee Wilson Electric. They can order and/or install a Downtown Pedestrian Streetlight. Thank you, Matt LaFreniere Permit Technician Community Development Engineering Development Review 919 Palm Street, San Luis Obispo, CA 93401-3218 E MLaFreniere@slocity.org T 805.781.7015 slocity.org From:William S. Walter <wwalter@tcsn.net> Sent:Wednesday, April 29, 2020 11:06 AM To:LaFreniere, Matt <mlafreni@slocity.org> Cc:Hannula, Hal <hhannula@slocity.org>; Codron, Michael <mcodron@slocity.org>; CityClerk <CityClerk@slocity.org>; 'Stephen Williams' <sawillaims@yahoo.com> Subject:CAN YOU VERIFY THESE AS CITY SPEC'S FOR DECORATIVE LIGHT FIXTURE AND WHO HAS PURCHASE INFORMATION; 679 Monterey St. ; Hello Matt, Who at Public Works Department: (1)Is able to verify that the attachments contain the City required specifications for the decorative light fixture? (2)Has any experience or knowledge about dealer/sources used by the City to purchase these decorative lights? Thank you. Bill Walter 679 Monterey St. 10 San Luis Obispo, CA 93401 805 541 6601 805 541 6640 (fax)