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Home My WebLink About10/15/2024 Item 5g, Lerner Ed Lerner < To:E-mail Council Website Cc:Erin; Barbara Thompson; Brian Key Subject:Public Comment for Item 5.g of the 15 Oct 24 meeting Attachments:ToscanoTractMaps.pdf Date of the meeting: 15 Oct 2024 Item number: 5.g My name is Edward Lerner and I live at 443 San Vincenzo in the Toscano neighborhood of SLO. My home is also designated as Lot 64 of the development of Tract 2428 which is to be discussed in this meeting. I am writing about my concerns with Lot 85. This common/public area has been a constant nuisance since moving into my home in 2019. The builder has for years neglected weed maintenance and delayed development according to approved plans. To this day, I do not believe this area has been completed according to approved plans and ask the City to delay approving of Phase 3 until a walkthrough is performed to ensure the area is compliant. As you can see below, I have been corresponding with the City civil engineers for years about issues with that lot. It was originally intended to be part of the phase 2 approval process. I reached out to the civil engineers and city council at that time to raise the concern that this lot was not completed despite phase 2 approval. I am asking that the City not make the same mistake in the phase 3 approval process. Please ensure all common/public areas are reviewed thoroughly for compliance with approved plans before making a decision. Once phase 3 is approved, the area will become the responsibility of the Toscano HOA and will cost homeowners much more than necessary to maintain since the area is not completed. Thank you for your time. ------- Forwarded Message ------- From: Ed Lerner < Date: On Wednesday, October 2nd, 2024 at 12:52 PM Subject: Re: FW: Lots 82, 83 and 72/85 Information Request - formal follow-up forthcoming To: Barbara Thompson < CC: Brian Key < , Erin < Attached is the landscape document I have, although it was dated 2017 when construction began and I don't know if it has been amended. Page 5 has lot 85 shown. There should be groundcover ("Evergreen Currant") as well as from the planting notes "bark mulch in all planting areas. Mulch shall be a minimum of 3 inches thick in all areas". These two items have clearly not been done. The trees and shrubs MAY be completed. On Wednesday, October 2nd, 2024 at 12:32 PM, Ed Lerner < wrote: Yeah, we missed the last HOA meeting. Please do share the details once you have them. 1 On Wednesday, October 2nd, 2024 at 12:17 PM, Barbara Thompson < wrote: Thank you for everything you shared with us Ed. I believe it will help build our case and hopefully get us one step closer to getting all the plantings in, as we should per the plans. We hope to see you there on the 15th. I am about to engage in some emails with the city regarding the meeting details and opportunities to speak. Once I find additional information I will let you know. Please help us spread the word to our neighbors as well. We announced it at our last meeting but there were only about 15 individuals on the call. Bests, Barbara On Wed, Oct 2, 2024 at 10:56 AM Ed Lerner < wrote: Barbara and Brian, Documentation that Lot 72 (Phase 2) was overlooked and "renumbered" to Lot 85 (Phase 3): We would not have discovered the Lot 72/Lot 85 conflict without your discovery. It appears that we will need to process a map correction for Phase 2 to renumber the open space Lot 72 on that map to Lot 85. Your use of Lot 85 should continue in agreement with the DRE processing and our expected map correction. This is an administrative item that will process from the developers surveyor through our office and on to the recorders office. We will use this time to complete a comprehensive review of all lot numbering to try to do this just one time. Here is the City's phase 2 acceptance document: https://pub- slocity.escribemeetings.com/filestream.ashx?DocumentId=2383 Here is the Phase plan which clearly shows now Lot 85 (lower right) within the Phase 2 borders: https://pub- slocity.escribemeetings.com/filestream.ashx?DocumentId=2386 And this document (page 5) also showing Phase 2 but with the lot marked Lot 72: https://pub- slocity.escribemeetings.com/filestream.ashx?DocumentId=2387 ------- Forwarded Message ------- From: Hannula, Hal <hhannula@slocity.org> Date: On Thursday, February 17th, 2022 at 5:41 PM Subject: FW: Lots 82, 83 and 72/85 Information Request - formal follow-up forthcoming To: Ed Lerner < 2 Hi Ed, I failed to include you on this update to Gail earlier this afternoon. I see that she sent a follow-up inquiry 30 minutes after I had sent this timing and follow-up information. I plan on wrapping up my letter for the director to review and sign by end of day tomorrow. I am not sure about his schedule tomorrow but we will all be back in on Tuesday. Thanks again for your patience in all of this. Regards, Hal Hal Hannula Supervising Civil Engineer Community Development Engineering Development Review 919 Palm Street, San Luis Obispo, CA 93401- 3218 E hhannula@slocity.org T 805.781.7201 C 805.431.0083 slocity.org Stay connected with the City by signing up for e-notifications From: Hannula, Hal <hhannula@slocity.org> Sent: Thursday, February 17, 2022 3:15 PM To: Gail Ryff < Cc: Codron, Michael <mcodron@slocity.org>; Marquart, Ben <bmarquar@slocity.org> Subject: RE: Lots 82, 83 and 72/85 Information Request - formal follow-up forthcoming Hi Gail, Thank you for the productive call last night and for this follow-up information. I also have confirmed that the final public report for Phase 2 is consistent with the Phase 3 report. Thank you also for your stewardship on behalf of the HOA, property owners, City, and developer. 3 We would not have discovered the Lot 72/Lot 85 conflict without your discovery. It appears that we will need to process a map correction for Phase 2 to renumber the open space Lot 72 on that map to Lot 85. Your use of Lot 85 should continue in agreement with the DRE processing and our expected map correction. This is an administrative item that will process from the developers surveyor through our office and on to the recorders office. We will use this time to complete a comprehensive review of all lot numbering to try to do this just one time. I will be working on a formal response letter to the items that you identified to the City Council but will also include any additional items received from your neighbors or that you have shared directly with the City recently or in the past. I will endeavor to try to capture as many milestone conversations as possible at this juncture to help with the processing for all interested stakeholders. Feel free to continue to reach out to me, PW Inspector Ben Marquart, and Michael if necessary on these or other items. I will make sure that you are invited to any pertinent follow-up field meetings regarding these or other items of HOA interest. I am going to get back to typing but hope to wrap this all up before our long weekend. I will be back in the office on Tuesday but as you know, my City cell is always on. Regards, Hal Hal Hannula Supervising Civil Engineer Community Development Engineering Development Review 919 Palm Street, San Luis Obispo, CA 93401- 3218 E hhannula@slocity.org T 805.781.7201 C 805.431.0083 slocity.org 4 Stay connected with the City by signing up for e-notifications From: Gail Ryff < Sent: Thursday, February 17, 2022 11:38 AM To: Hannula, Hal <hhannula@slocity.org> Cc: Codron, Michael <mcodron@slocity.org> Subject: Lots 82, 83 and 72/85 Information Request This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. ________________________________ Hi Hal, Thank you for the update last night. I hope you continue feeling well throughout your recovery process. Please don’t forget to send me (or Michael) the copy of the report summarizing the results of any deficiencies on the January 18, 2022 adopted resolution, item 6.f on the Agenda. I questioned why it went forward to the City Council for adoption with uncompleted items in all three common area lots as the resolution indicated everything was complete. Apparently, the Developer is already aware of its findings. I would like to know too since I requested it. I believe, there are other Owners waiting for it too. While we are on the same page about Lot 72/85 that it is included in Phase 3 with the DRE (see attached report), it still shows complete with the recently adopted resolution and apparently, it will remain. I believe, the Board will ask our Attorney to review this to ensure there is no HOA exposure such as, someone falling on Lot72/85 pathway at night. Discussed below. It is my understanding that the future efforts to remediate the current erosion in all of Phase 2 5 Lots 82 and 83 caused by unanticipated heavy rains, not taken into account with the design, and any new recommended plantings by the Biologist in accordance with the Landscape plan, will be completed in which the one-year warranty will be extended to do so, if necessary. Note, the attached landscape plan. It is also my understanding that you have this agreement in writing from the Developer to do resolve these issues before releasing the remainder of the Phase 2 common area $2,089,400 bond. Can you please send me a copy of this letter from the Developer stating this agreement by February 23? As we discussed last night, it appears there was no lighting planned at the top Toscano portion of the pathway while there is current pathway lighting in all other Toscano pathways including the Serra Meadows portion below. I want to make sure there is no legal liability to the HOA or City if someone accidentally falls (rides) off the side into the drainage area full of rocks and harms themself at night. Once everyone turns off their outdoor lights, it is very dark. Please let me know if the City believes lighting is necessary for safety reasons after reviewing this again? See night time picture (note Owner left side light isn’t continuously on). Thank you, Gail 6 Sent from my iPad 7 MARGARITA RANCH 5LO, LLC no, NOKKOKOAU,S ITL. 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