HomeMy WebLinkAbout09-04-2012 ac pfauph 1REICKER, ?FAU ,
PYLE8 McRo Y LL P
A T T O R N E Y S A T L A W
ALAN A . BLAKEBOR O
GARY I .HILL
DIANA JESSUP LEE
BRUCE W.McRoY
MICHAEL E . PFAU
DANIEL A . REICKER
ANDREW D . SIMON S
TIMOTHY J . TRAGER
FERNANDO VELEZ, JR .
ROBERT B .FOROUZANDEH
ALAN A. LANIS, JR.
1421 STATE STREET, SUITE B
SANTA BARBARA, CA 9310 1
September 4, 2012
MAILING ADDRES S
POST OFFICE Box 1470
SANTA BARBARA, CA
93102-1470
TELEPHONE (805) 966-2440
FAx (805) 966-3320
www.reickerpfau.com
KURT H.PYLE, RETIRED
DELIVERED BY HAND
Mayor Jan Howell Marx
Vice Mayor Dan Carpente r
Council Member Andrew Carte r
Council Member Kathy Smit h
Council Member John Ashbaug h
City Council of the Cit y
of San Luis Obisp o
City of San Luis Obisp o
990 Palm Stree t
San Luis Obispo, California 9340 1
Re :
Proposed Removal of Tre e
Mission Medical Property : 1231, 1235 and 1239 Osos ,
1288 Morro Street and 990 Pacific Street, San Luis Obispo, Californi a
Dear Mayor Marx an d
Members of the City Council :
We are counsel to the co-owners (the "Owners")of the above-captioned real property and th e
improvements situated thereon (the "Property"),who have requested that we write to you in order to
explain the reasons why the Owners propose to remove the pine tree that is situated alongside a Cit y
sidewalk located in front of the Property . The Owners will be represented at your meeting this evening
by Mr . Hamish S . Marshall, who will bring with him to the meeting pictures of the tree and the are a
around the tree . As we explain below, the Owners are seeking to remove that tree in order to avoid a
potentially hazardous and illegal condition .
As Mr . Marshall will explain this evening, the tree is located adjacent to a sidewalk that provides acces s
to the improvements on the Property. The roots of the tree are protruding above-ground, and have cause d
buckling in that sidewalk . The buckled sidewalk, in turn, creates a safety issue, as individuals walking o n
the buckling sidewalk may trip over the mis-matched gaps between the pieces of the sidewalk . In
addition, the buckled sidewalk makes it difficult for individuals who are in wheel chairs or are usin g
COUNCIL MEETING:
ITEM NO .:&1 `
Mayor Jan Howell Marx
Vice Mayor Dan Carpente r
Council Member Andrew Carte r
Council Member Kathy Smit h
Council Member John Ashbaugh
City Council of the City
of San Luis Obispo -2-September 4,201 2
walking aids (e .g., canes and crutches) to access and leave the Property across that sidewalk . Indeed ,
under the Americans with Disabilities Act, the Owners likely need to fix the existing condition in order t o
avoid a violation of law . If the Owners merely remove the roots and re-lay the sidewalk across the top o f
the location where the roots are now protruding and forcing the buckling, then the roots will only gro w
back and cause the same condition in the future .
Consequently, in order to abate the current condition and avoid the risk of recurring problems with safet y
or applicable law, the Owners respectfully propose to remove the pine tree whose roots have caused thes e
issues. We respectfully request that you vote in favor of the Owners' removal of that tree .
Very truly yours ,
REICKER, PFAU, PYLE & McROY LL P
By
Michael E . Pfau
MEP
cc :Mr. Hamish S . Marshall