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HomeMy WebLinkAboutItem 7a. Review the process for issuing Notice to Correct to private property owners for unsafe sidewalk or frontage conditions, and authorize staff to issue Notices to Correct Item 7a Department: Public Works Cost Center: 5006 For Agenda of: 5/20/2024 Placement: Business Estimated Time: 45 FROM: Matt Horn, Public Works Director Prepared By: Greg Cruce, Deputy Director – Maintenance Operations SUBJECT: REVIEW THE PROCESS AND PROCEDURE FOR ISSUING NOTICES TO CORRECT TO PRIVATE PROPERTY OWNERS FOR UNSAFE SIDEWALK OR FRONTAGE CONDITIONS, AND AUTHORIZE STAFF TO ISSUE NOTICES TO CORRECT TO SPECIFIC PRIVATE PROPERTY OWNERS FOR THE DETERIORATED CONDITIONS OF F RECOMMENDATION 1. Adopt a Draft Resolution formalizing the City’s procedures for issuing Informal and Formal Notices to Correct for sidewalk and frontage improvement deficiencies; and 2. Adopt a Draft Resolution approving the issuance of Formal Notices to Correct to the property owners of 360 Chorro Street, 368 Chorro Street, 878 Islay Street, 859 Mission Street, 867 Mission Street, 875 Mission Street, and 1543 Morro Street, and authorizing the City to execute the required work if the property owner fails to commence the work within 14 days after the first Formal Notice to Correct is sent; and 3. Authorize the Public Works Director to waive issuance of a Formal Notice to Correct if the property owner takes corrective action before the notice is formally issued. 4. Appropriate $178,102 from the CIP Reserves to fund the sidewalk reconstruction work. POLICY CONTEXT Section 12.16.020 of the City of San Luis Obispo Municipal Code incorporates Division 7, Part 3, Chapter 22 of the California Streets and Highways Code. Pursuant to this Code, property owners whose lots front any portion of a public street or place — or abut an area maintained as a park or parking strip between the property line and the street — are responsible for maintaining the adjacent sidewalks. Property owners must ensure that sidewalks are kept in a condition that does not endanger persons or property and does not interfere with the public's convenient use of these areas. This obligation applies except where a condition has been created or maintained by another party acting under a legal right, permit, or authorization granted by the City, in which case that party assumes the responsibility for maintenance. Page 289 of 555 Item 7a In 2013, the City Council adopted a formal Sidewalk Inspection Program that established a practice of inspecting the City’s sidewalks on a regular basis, thresholds for damaged sidewalks that require repair or replacement, and prescriptive measures for correction of identified conditions. Council authorization is not required for issuance of a formal Notice of Correction. However, once the formal Notice is issued, the Streets & Highways Code § 5614 removes much of the City’s discretion regarding the subsequent timeline and procedural requirements – for both the property owner and the City – so staff is seeking authorization from the Council to proceed. The timeline, required procedures, and voluntary procedures are discussed in more detail in the background section of this report. The City maintains a Capital Projects Reserve Fund in the amount of 20% of capital improvement plan budget from the Local Revenue Measure for the purposes of offsetting unanticipated cost increases, unforeseen conditions, and urgent unanticipated projects to provide continued investment in infrastructure maintenance and enhancement. Use and allocations of funds from the Capital Projects Reserve Fund will be made to Capital Projects including Major Facility Replacement upon Council approval as necessary during any fiscal year. REPORT-IN-BRIEF This report provides a summary of the City’s efforts to address sidewalk deficiencies on private property, in accordance with San Luis Obispo Municipal Code Section 12.16.020 and the California Streets & Highways Code. City staff are requesting Council authorization to issue Formal Notices to Correct for eight properties with unresolved sidewalk hazards. These locations have been the subject of repeated community complaints and were found to contain substantial damage that presents risks to public safety and legal liability to the City. Staff have made extensive efforts to achieve voluntar y compliance, issuing at least two Informal Notices to each property owner and offering flexible timelines to complete the work. In some cases, outreach began as early as 2021. Despite these efforts, the required repairs or replacements have not been completed. The eight sidewalk segments are located throughout the City and represent a total estimated repair cost of $178,102. If the work is not completed by the property owners following issuance of a Formal Notice, in compliance with the Streets & Highway Code the City needs to complete the repairs and consider cost recovery through a future public hearing. This report also outlines the City’s informal and formal sidewalk correction procedures, consistent with the Streets & Highways Code §§ 5610–5618 and §§ 5625–5629. If authorized, staff will initiate formal noticing, and, if necessary, complete the work and return to Council to affirm the costs and place liens on affected parcels. Funding for this work is proposed from the City’s CIP Reserve account. All recovered costs will be returned to the reserve fund upon collection. The City prioritizes voluntary compliance as the first step in addressing sidewalk deficiencies. Because the California Streets and Highways Code establishes specific procedures and timelines once a Formal Notice to Correct (NOC) is issued, the City Page 290 of 555 Item 7a begins the process by issuing an Informal NOC. This report includes a table in the discussion portion of the report that compares the City process to what is required by the Streets & Highway Code. We are currently in Step 4 Council Authorization of this process. DISCUSSION Background Notice to Correct Process & Procedure The Streets Maintenance Program, part of the Public Works Department, is responsible for managing the City’s Sidewalk Inspection Program, which includes proactive inspections across all pavement zones. The City is divided into nine pavement zones. Zones 1 through 8 are inspected on an approximately eight -year cycle, while Zone 9, which includes the downtown area, is inspected annually prior to the holiday season. Staff inspects all sections of sidewalks within the public right-of-way in each zone and documents any identified damage. If the damage is caused by a City street tree, staff will complete temporary repairs to mitigate the hazard and plan for permanent repairs. If the damage is not caused by a City street tree, Streets Maintenance will, when conditions allow, perform temporary repairs to mitigate the hazard and issue an Informal Notice to Correct (NOC) to the adjacent property owner to ensure that a permanent repair is completed. The Streets Superintendent uses the damage thresholds outlined in the City’s Sidewalk Inspection Program (documented under Section II Sidewalk Review) to determine whether repairs or replacements are needed. In all cases, staff seeks to work collaboratively with property owners to achieve voluntary compliance. For minor damage, repairs may be sufficient to correct the defect; however, severely deteriorated sections— such as those shown in Figure 1—are beyond repair and must be replaced. The Superintendent of Streets is responsible for determining the appropriate level of repair or replacement, which is specified in Formal Notices to Correct. Page 291 of 555 Item 7a Sidewalk Inspection Action Thresholds  Vertical displacements ¾” or greater  Sidewalk slopes that exceed 5:1  Cracks and holes with gaps of ½” or greater In addition to identifying sidewalk hazards through proactive inspections, the City also receives reports of sidewalk deficiencies through Ask SLO and similar community reporting tools. The following procedure was developed by City staff in 2019 to standardize the informal notice process and encourage cooperation, avoid adversarial enforcement, provide flexibility and due process. The Informal NOC notifies the property owner of the relevant code requirements and their responsibility to correct conditions along the frontage of their property. The notice acknowledges that receiving such a letter may be unexpected and outlines the following recommended timeline for corrective action:  Within 30 calendar days: Acknowledge receipt of the notice.  Within 60 calendar days: Submit repair plans to the City for review and issuance of an encroachment permit.  Within 90 calendar days: Obtain an encroachment permit.  Within 120 calendar days: Complete the work to the satisfaction of the City. The notice also recognizes that sidewalk repairs can be costly and invites property owners to propose alternate timelines for the City’s consideration. If a property owner does not respond to the notice or engage in the process within 180 days of receiving the first Informal Notice to Correct (NOC), a second Informal NOC will be issued. This second notice provides the property owner with a new deadline—no less than 90 days—to begin the required work. If no action is taken within that timeframe, staff will seek City Council authorization to proceed with a Formal NOC. If the property owner demonstrates meaningful progress, the item will be removed from the Council agenda, and staff will continue working with the property owner to achieve voluntary compliance. If progress is not made, staff will present the specific sidewalk conditions to the City Council. The presentation also provides an opportunity for the property owner and the public to offer testimony. If the Council Page 292 of 555 Item 7a authorizes issuance of a Formal NOC, the California Streets and Highways Code (SHC) mandates that the property owner must begin the required work within 14 days after the first Formal NOC is served in accordance with Streets & Highways Code §§ 5611 -5614. If the work does not begin within that statutorily mandated 14-day timeframe, the City will complete the repairs and return to Council for a public hearing to affirm the costs and the recovery from the property owner (SHC §§5616-5618.) At that hearing, staff will present a report detailing the completed work, the total repair costs, the affected property, and the proposed assessment against the property owner to recover those costs. The Council may modify or confirm staff’s report. In accordance with SHC, if the City Council authorizes the assessment and the property owner does not pay within five days, a lien wi ll be placed on the property following the procedures in SHC §§ 5625–5627. Alternatively, the Council may choose to have the lien collected through the County as part of the property tax bill (SHC § 5628), or allow the property owner to repay the amount in up to five annual installments (SCH § 5628.1). These decisions are not required at this time and would be made later in the process, specifically during Steps 7 and 8 outlined below. The table below shows the steps in the City process as compared to the requirements of the Streets & Highways Code. Step City of San Luis Obispo Process Streets and Highways Code (SHC) Requirement 1. Inspection Streets Maintenance Program inspects sidewalks proactively by zone (Zones 1–8 every 8 years, Zone 9 annually). No requirement for proactive inspection. SHC is complaint-driven or based on observed conditions (SHC § 5611). 2. Informal Notice to Correct First notice sent with voluntary timeline: - 30 days: Acknowledge notice - 60 days: Submit plans - 90 days: Obtain permit - 120 days: Complete work Not required or defined in SHC. This is a local best practice to promote voluntary compliance before formal enforcement begins. 3. Second Informal NOC If no action within 180 days, second notice issued with an additional 90-day deadline. Not required in SHC. Again, this is a City-added step before triggering formal process. 4. Council Authorization If still no response, staff seeks Council approval to initiate the formal SHC process. SHC does not require Council authorization. Authority rests with Superintendent of Streets to issue notice (SHC § 5611). 5. Formal Notice to Correct Send after Council approval. The notice must include repairs, method and materials required. A second notice must be sent Required: - SHC §§ 5611–5614 Superintendent of Streets issues notice that must include repairs, method and materials required. A Page 293 of 555 Item 7a Step City of San Luis Obispo Process Streets and Highways Code (SHC) Requirement out 7 days after the first notice. Work must commence within 14 days of the first notice. second notice must be sent out 7 days after the first notice. Work must commence within 14 days of the first notice. 6. City Performs Repairs Contractor the City selects completes the repairs. City tracks costs and prepares for cost recovery. Allowed under SHC § 5615 if owner fails to act. The Superintendent of Streets completes the repairs directly. 7. Hearing on Costs Public hearing before Council to present completed work and costs. Required under SHC § 5616–5618. The City must notify the property owner and hold a hearing to confirm costs and allow for objections. 8. Assessment & Lien If unpaid after hearing: - Costs become a special assessment and lien. - May be added to tax rolls or paid in installments. Required and detailed in SHC §§ 5625–5629: - Costs become a special assessment and lien. It should be noted that the Steps shown in the table above are a combination of requirements of the SHC. Steps 1 through 4 are not required by the SHC or other applicable City codes or standards. The City prioritizes voluntary compliance as the first step in addressing sidewalk deficiencies. Because the SHC establishes specific procedures and timelines once a Formal Notice to Correct (NOC) is issued, the City begins the process by issuing an Informal NOC. We are currently in Step 4 Council Authorization of this process. Specific Locations Issuing Notices to Correct (NOCs) falls within the scope of the Street Maintenance Program in the Public Works Department. During the 2023 –24 fiscal year, the program faced staffing shortages, resulting in a backlog of unresolved NOC cases. With the program now fully staffed, staff resumed work on ten previously inactive cases in the fall of 2024. Of those, two have been resolved, and eight remain open as of the preparation of this report. It is important to note that all cases currently before the Council originated from community member complaints, not from proactive enforcement. All identified problems with the sidewalk are related to concrete failures. These concrete failures have displaced the sidewalk horizontally and vertically which create trip and fall risks for sidewalk users and increased liability concerns for the City. To mitigate this user risk and liability for the City the sidewalk must be replaced. Attachment A provides detailed information for each outstanding NOC case, including photographs, a timeline of correspondence, and estimated replacement costs should Council authorize issuance of the formal NOCs and the property owners fail to take corrective action. In every case, property owners received at least two Informal NOCs Page 294 of 555 Item 7a and supporting documentation via both certified and standard mail. Additionally, many property owners—or their representatives—have communicated with staff by phone or email, and some have met with staff on-site to discuss the conditions. On-site discussions included repair methods and limits, and reasoning for the determination. One of the property owners who met with staff objects to the determination and feels the sidewalk is not out of compliance and does not pose a safety risk. Another property owner stated the determination is subjective and not supported by data , or direct reference to applicable standards. Other property owners acknowledge the requirement and need but have had challenges obtaining a contractor or funding to complete the work. To date, three of the properties have been issued encroachment permits for the corrective work. Next Steps If the Council authorizes the staff recommendations, the next step will be to issue Formal Notices to Correct (NOCs) to all property owners who have not yet taken the required corrective actions. These notices will be delivered via certified and standard mail and will also be physically posted on the property. If work has not commenced within seven days of the first notice, a second Formal NOC will be issued. In accordance with the California Streets and Highways Code (§ 5614), property owners have 14 days from the issuance of the first Formal NOC to begin the necessary work. If the work is not initiated within this timeframe, the City will proceed with repairs using its Job Order Contract (JOC) contractor, who was selected through the public bidding process. For four of the eight properties, the sidewalk repairs involve shared approaches. In these cases, the repair estimates reflect the full cost of the shared work, with costs split between the adjacent properties. All estimates include a standard 15% contingency to account for unforeseen construction needs. Although shared, each site will be billed independently if work is performed by the JOC contractor. Once the repairs are completed, staff will return to Council for a public hearing. At that time, staff will present a summary of the completed work, the cost of repairs, a description of the affected properties, and the proposed assessments for each parcel. The Council may modify or confirm staff’s report of costs. The Council may then authorize staff to pursue cost recovery. If a property owner fails to pay the assessed amount, the Council may authorize placing a lien on the property in the amount of the unpaid costs , as discussed above. Public Engagement All impacted property owners have been sent multiple notices by standard and certified mail, email communication, and in some instances met with staff on -site. CONCURRENCE Page 295 of 555 Item 7a The recommended actions are supported by the Administration Department and the City Attorney’s Office. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Section 15378. If the City chooses to move forward with replacement of sidewalks as recommended by this report, the work would be categorically except from CEQA under CEQA Guidelines Section 15301 (maintenance or repair of existing public or private structures involving negligible or no expansion of existing or former use) and Section 15304 (minor alteration to land involving minor trenching and backfilling where the surface is restored.) FISCAL IMPACT Budgeted: No Budget Year: 2024-25 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $331,377 $178,102 $153,275 $0 State Federal Fees Other: Total $331,377 $178,102 $153,275 $0 Staff is recommending funding this work using the CIP Reserve account. The current balance of the CIP Reserve account is $331,377, and the cumulative cost to complete the work at all locations is $178,102, leaving a balance of $153,275 in the CIP Reserve account. If Council authorizes staff to pursue cost recovery at the future second public hearing, all recovered costs would be returned to the CIP Reserve account upon collection. ALTERNATIVES Council could direct revisions to the informal NOC process. Staff welcomes Council’s input and direction on this process. Council could decide not to authorize issuance of formal NOCs. Council could direct staff to continue working with property owners to obtain voluntary compliance. As seen in Page 296 of 555 Item 7a Attachment A, staff have been working with many of the property owners since 2023 (in one case, since 2021) and have been unable to obtain voluntary compliance. Council could decide not to authorize use of CIP reserve funds to complete the repairs if owners fail to do so. Once the formal NOC is issued under the SHC, the City is required to complete the necessary repairs/replacement if the owners fail to do so. Other than the CIP reserve, no other funding source has been identified for completing this work. If Council does not approve of the use of CIP reserves staff would review other projects to determine if this need is a higher priority and return to Council with a different funding recommendation. The Council may direct staff to complete curb, gutter, and sidewalk replacement outside the process outlined in the Streets and Highways Code. Under this approach, staff would continue to coordinate with property owners to schedule the necessary work. The City would hire a contractor to perform the replacements and cover the full cost of construction. Property owners would not be required to contribute funding, and no further Council action would be needed. However, this approach could reduce future voluntary compliance from property owners with deficient sidewalks and may lead to increased long-term maintenance costs for the City. ATTACHMENTS A – NOC Location Specifics and Timelines B – Streets and Highway Code C – Draft Resolution Authorizing Informal and Formal NOC Process D – Draft Resolution Authorizing Staff to Issue Formal NOCs E – Costs and Correspondences for 360 Chorro St F – Costs and Correspondences for 368 Chorro St G – Costs and Correspondences for 3195 S. Higuera H – Costs and Correspondence for 878 Islay I – Costs and Correspondences for 859 Mission St J – Correspondences with 867 Mission St K – Correspondences with 875 Mission St L – Correspondence with 1543 Morro St Page 297 of 555 Page 298 of 555 3195 South Higuera Summary Condition: Private trees causing deviations Repair Cost: $51,538 Communications Date Event 10/6/2021 Informal Notice to Correct Sidewalk letter sent 3/7/2022 Second Informal Notice to Correct Sidewalk letter sent 2/21/2023 Third Informal Notice to Correct Sidewalk letter sent 7/15/2024 Notice to correct letter sent as final attempt to resolve voluntary 9/2024 Communication between property owner’s attorney and staff 2/10/2025 Fourth Informal Notice to repair Sidewalk letter sent Page 299 of 555 360 Chorro Summary Condition: Deteriorated sidewalk condition Repair Cost: $31,850.72 Communications 10/16/2023 Notice to Correct Sidewalk letter sent 2/10/2025 Second Informal Notice to repair Sidewalk letter sent Page 300 of 555 368 Chorro Summary Condition: Deteriorated sidewalk condition Repair Cost: $23,609.72 Communications 10/16/2023 Notice to Correct Sidewalk letter sent 3/2024 Email communication between property owner rep. and staff 7/242024 Met with property owner on-site to discuss 2/10/2025 Second Informal Notice to repair Sidewalk letter sent 3/2025 Communication to staff, looking for contractor 4/2025 Streets forwarded permit information to contractor Page 301 of 555 859 Mission Summary Timeline Condition: Deteriorated sidewalk condition Repair Cost: $21,094.50 Communications 10/17/2023 First Informal NOC sent 2/10/2025 Second Informal NOC sent Page 302 of 555 867 Mission Summary Timeline Condition: Deteriorated sidewalk condition Cost: $11,195.39 (Approach is shared by two properties, work to be billed separately) Communications 10/17/2023 First Informal NOC 11/2023 Emails regarding the meeting with the property owner 2/10/2025 Second Informal NOC 3/18/2025 Staff met with Property Owner on-site 875 Mission Summary Timeline Condition: Deteriorated sidewalk condition Cost: $11,195.39 (Approach is shared by two properties, work to be billed separately) Page 303 of 555 Communications 10/17/2023 Notice to Correct Sidewalk letter sent 2/10/2025 Second Informal Notice to repair Sidewalk letter sent 3/2025 Email communication with property owner 4/7/2025 Met with property owner on-site to discuss Page 304 of 555 1543 Morro Condition: Deteriorating sidewalk condition Repair Cost: $13,809.14 (Approach is shared by two properties, work to be billed separately) Communications 11/5/2024 First Informal NOC sent 2/10/2025 Second Informal NOC sent 3/7/2025 Property owners’ contractor communication with staff 878 Islay Summary Timeline Condition: Deteriorated sidewalk condition Repair Cost: $ 13,809.14 (Approach is shared by two properties, work to be billed separately) Page 305 of 555 Communications 8/19/2024 First Informal NOC sent 10/16/2024 Staff met with Property Owner on-site 11/18/2024 Property Owner emailed requesting the City to start the formal process and lien the property 2/10/2025 Second Informal NOC sent Page 306 of 555 Streets and Highways Code - SHC DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794] PART 3. PERFORMING THE WORK [5100 - 5954] CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] ARTICLE 1. General Provisions [5600 - 5602] 5600. As used in this chapter “sidewalk” includes a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip. 5601. This chapter shall only apply to maintenance and repair proceedings, whether upon work originally done under this division or otherwise, and shall not be used for the construction of new improvements. The “Special Assessment Investigation, Limitation and Majority Protest Act of 1931” shall not apply to proceedings taken under this chapter. 5602. This chapter constitutes a separate and alternate procedure for performing the work specified herein and, except for the provisions of Part 5 of this division, no other provisions of this division shall apply to proceedings instituted hereunder. ARTICLE 2. Repairs [5610 - 5618] 5610. The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. 5611. When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk. 5612. Page 307 of 555 Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. 5613. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked “Second Notice,” to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article, but shall not extend the time for commencing repairs specified in Section 5614. 5614. The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the superintendent of streets shall make such repair, and the cost of the same shall be a lien on the property. 5614.1. The legislative body may adopt a resolution determining that bonds shall be issued and assessments collected and enforced pursuant to Part 5 of this division. In such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. 5615. If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held and assessment and collection procedures are conducted. Page 308 of 555 5616. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. If bonds are to be issued, the notice shall also contain the information required by Section 5614.1. 5617. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. 5618. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. ARTICLE 3. Collection of Cost of Repair [5625 - 5630] 5625. The cost of the repair may be assessed by the legislative body against the parcel of property fronting upon the sidewalk upon which such repair was made, and such cost so assessed, if not paid within five days after its confirmation by the legislative body, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. 5626. The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form: NOTICE OF LIEN Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ____ day of ____, 19_, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls, or other Page 309 of 555 works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the legislative body of said city (county, or city and county) did, on the ____ day of ____, 19_, by Resolution No. ____ assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of ____ dollars ($____), and the same shall be a lien upon said real property until the said sum, with interest at the rate of ___ percent per annum, from the said ____ day of ____, 19_ (insert date of confirmation of assessment), has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the county of ____, State of ____, and particularly described as follows: (Description of property) Dated this _____ day of ____, 19___. Superintendent of Streets 5627. From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under this division. 5628. As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, may order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If city taxes are collected by the county officials, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization. 5628.1. The legislative body shall have the power, in its discretion, to determine that the payment of assessments of one hundred dollars ($100) or more may be made in annual installments, not to Page 310 of 555 exceed five, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body, not to exceed the rate permitted for bonds by Section 53531 of the Government Code. Interest shall begin to run on the 31st day after the confirmation of the assessments by the legislative body. Determinations of the legislative body shall be expressed by resolution at any time prior to the confirmation of the assessments. 5629. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment taxes. 5629.1. If bonds are to be issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body the superintendent of streets shall give notice to pay by mail and by publication substantially in the manner provided by Sections 4320 and 4321 of this code. The period for payment in cash stated therein shall be 30 days following the date of confirmation of the report. Upon completion of the cash payment period, the superintendent of streets shall file with the county recorder a certificate substantially in the form set out in Section 5626, giving notice therein that interest is payable at a rate to be fixed upon the sale of bonds, which rate shall not exceed the rate permitted for bonds by Section 53531 of the Government Code, and shall begin to run on the 31st day after the confirmation of the report. Thereafter the provisions of Part 5 (commencing with Section 6400) shall be applicable and payments on assessments at bond shall be made as therein provided. The bonds may be issued and sold as the legislative body directs and may be dated at any time after the expiration of the cash payment period. 5630. Whenever the property fronting on a sidewalk required to be maintained and repaired pursuant to the provisions of this chapter lies within one city or unincorporated territory of a county, and the sidewalk required to be so maintained and repaired lies within another city or unincorporated territory of a county, the superintendent of streets of the city or county having jurisdiction over the sidewalk shall have full authority to serve notices to repair and do all work contemplated by Articles 2 and 3 of this chapter, notwithstanding the fact that the property fronting on the sidewalk lies within another city or unincorporated territory of a county. The legislative body of the city or county within which the sidewalk has been repaired pursuant to the provisions of this chapter shall have jurisdiction to levy an assessment to pay the cost of any such sidewalk repairs against the parcel of property fronting on said sidewalk, notwithstanding the fact that said property lies within another city or unincorporated territory of a county and said assessment shall be a lien on said property for the amount thereof until the assessment and all interest thereon is paid or until it is discharged of record. The provisions of Sections 5628 and 5629 of this code shall be applicable to the collection and enforcement of all liens levied pursuant to the provisions of this section and the amount so Page 311 of 555 collected shall be paid to the treasurer of the city or county as the case may be which conducted the proceedings. Page 312 of 555 RESOLUTION NO. ________ (2025 SERIES) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO, CALIFORNIA, FORMALIZING THE CITY’S PROCEDURES FOR ISSUING INFORMAL AND FORMAL NOTICES TO CORRECT SIDEWALK AND FRONTAGE IMPROVEMENT DEFICIENCIES WHEREAS, Section 12.16.020 of the San Luis Obispo Municipal Code incorporates Division 7, Part 3, Chapter 22 of the California Streets and Highways Code, which establishes the responsibility of property owners to maintain sidewalks and frontage improvements adjacent to their property in a safe condition; and WHEREAS, the City of San Luis Obispo has adopted a Sidewalk Inspection Program and developed a structured process to notify property owners of unsafe sidewalk or frontage conditions and to encourage voluntary compliance through an informal process before initiating formal procedures under state law; and WHEREAS, the City’s informal process includes the issuance of at least two Informal Notices to Correct (NOCs) which outline recommended corrective timelines and encourage communication and flexibility, followed by a presentation to City Council if voluntary compliance is not achieved; and WHEREAS, under the Streets and Highways Code §§ 5610–5618, once a Formal Notice to Correct is issued, property owners have 14 days to commence repairs, after which the City is authorized to complete the work and pursue cost recovery if the property owner fails to act; and WHEREAS, City Council support is sought to initiate the formal process for properties that have failed to respond to informal notices and to direct staff to complete repairs and initiate cost recovery proceedings if necessary; and WHEREAS, the sidewalk deficiencies on the subject properties pose risks to public safety and have not been remedied despite multiple efforts at outreach and accommodation by City staff. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council finds that the informal process described in the staff report, including issuance of two Informal NOCs and efforts to achieve voluntary compliance, constitutes a reasonable and necessary local practice to encourage cooperation and provide flexibility to property owners while maintaining public safety. Page 313 of 555 Resolution No. _____ (2025 Series) Page 2 R____ SECTION 2. Authorization of Process. The City Council hereby affirms the City's two-phase process for correcting sidewalk and frontage improvement deficiencies:  Informal Phase: Proactive inspections, initial and second Informal Notices to Correct, outreach to property owners, and allowance for voluntary correction within a structured timeline.  Formal Phase: If no corrective action is taken, issuance of a Formal Notice to Correct pursuant to Streets and Highways Code §§ 5611–5614, execution of repairs by City staff or contractors if repairs are not initiated within 14 days, and initiation of cost recovery through public hearing and special assessment as permitted under §§ 5616–5629. SECTION 3. Waiver Provision. The Public Works Director is authorized to waive issuance of a Formal Notice to Correct if the property owner takes corrective action before the notice is formally issued. Upon motion of_______________________, seconded by__________________, and on the following roll call vote: AYES: NOES: ABSENT: The forgoing resolution was adopted this _______ day of __________________ 2021. _______________________________________ Mayor Erica A. Stewart ATTEST: ________________________________ Teresa Purrington. City Clerk APPROVED AS TO FORM: _________________________________ J. Christine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ________________________________. ________________________________ Teresa Purrington, City Clerk Page 314 of 555 RESOLUTION NO. ________ (2025 SERIES) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING STAFF TO ISSUE A FORMAL NOTICE OF CORRECTION FOR THE REPLACEMENT OF SIDEWALK ADJACENT TO THE PROPERTIES AT 360 CHORRO, 368 CHORRO, 3195 SOUTH HIGUERA, 878 ISLAY, 859 MISSION, 867 MISSION, 875 MISSION, AND 1543 MORRO, AND TO COMPLETE THE WORK SHOULD THE ADJACENT PROPERTY OWNERS FAIL TO TAKE ACTION WITHIN 14 DAYS AFTER BEING ISSUED A FORMAL NOTICE TO CORRECT, PURSUANT TO SAN LUIS OBISPO MUNICIPAL CODE 12.16.020 WHEREAS, Municipal Code Section 12.16.020, by adoption of the procedures set forth in the Streets and Highways Code Division 7, Chapter 22, requires that a property owner maintain and, when necessary, replace the sidewalk adjacent to their property so that the sidewalk will not endanger persons or property or interfere with the public convenience in the use of such sidewalk; and WHEREAS, the portions of sidewalk adjacent to the properties located at 360 Chorro, 368 Chorro, 3195 South Higuera, 878 Islay, 859 Mission, 867 Mission, 875 Mission, and 1543 Morro (the “subject properties”) are in a condition of significant disrepair and pose a danger to persons and property and interfere with use of the sidewalks; and WHEREAS, since issuance of the original Informal Notice to Correct, the owners of the subject properties have received no fewer than two separate notices from the City informing them of their responsibility to repair and maintain the improvements fronting their property and to compel the repair and/or replacement of such improvements; and WHEREAS, the owners of the subject properties have failed to take the necessary action to replace the damaged and non-compliant sidewalks adjacent to their properties; and WHEREAS, at least 90 days have passed since the second informal Notices to Correct were served upon the owners of each of the subject properties; and WHEREAS, on May 20, 2025, Council received a staff presentation on the current specifics of the sidewalk conditions at the subject properties; and WHEREAS, the City Council has considered all evidence, including staff’s presentation and the testimony of the property owners and interested parties. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: Page 315 of 555 Resolution No. _____ (2025 Series) Page 2 R____ SECTION 1. Findings. The above statements are true and constitute the findings of the City Council. SECTION 2. Action. Staff is hereby authorized to issue Formal Notices to Correct to the Property Owners of 360 Chorro, 368 Chorro, 3195 South Higuera, 878 Islay, 859 Mission, 867 Mission, 875 Mission, and 1543 Morro, in accordance with the requirements set forth in Streets & Highways Code §§5611 -5614. If work does not commence within fourteen days following the first Formal Notice to Correct, City staff is authorized to execute the work and return to the City Council upon completion of the work to report on costs and for Council’s consideration of pursuit of cost recovery. Upon motion of__________________, seconded by_____________, and on the following roll call vote: AYES: NOES: ABSENT: The forgoing resolution was adopted this ____ day of _____________ 202 5. _____________________________________ Mayor Erica A. Stewart ATTEST: ________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ________________________________. ________________________________ Teresa Purrington City Clerk Page 316 of 555 Public Works Department 919 Palm St. Specification Number: 1000199 San Luis Obispo, CA Task Order No: 93401-3218 Location 1 Contingency *Total *For cost in excess of $100,000 attach City Manager Report approving purchase. Estimated Costs Replacement of Driveway and sidewalk, creating ada compliance. Description of Project: Extra Work -$ 31,850.72$ 5,308.45$ Unit Price Work 26,188.75$ Asphalt Material 353.52$ Task Order Details Work Order No.Nearest Address Description 360 Chorro Driveway Replacement Streets and Sidewalk Maintenance JOC - AUTHORIZATION City of San Luis Obispo Page 317 of 555 Item No.Item Description Unit of Measure Unit Price Estimated Quantity Estimated Cost Actual Quantity Final Cost 1CCO1 Edge Grind SQFT 10.25$ -$ -$ 2CCO1 1.75" Thin Maintenance Overlay SQFT 13.33$ -$ -$ 3CCO1 2” AC Grind & AC Overlay-1/2'' Aggregate SQFT 41.00$ -$ -$ 4CCO1 6” AC Pavement - Excavation & Restoration SQFT 9.23$ -$ -$ 5CCO1 10” AC Pavement - Excavation & Restoration SQFT 13.33$ 50 666.25$ -$ 6CCO1 8” PCC with 3” max AC Cap - Excavation & Restoration SQFT 29.73$ -$ -$ 7CCO1 Class II Aggregate TON 87.13$ -$ -$ 8CCO1 Trench Backfill Sand TON 76.88$ -$ -$ 9CCO1 AC Dike - Caltrans A87B LF 23.58$ -$ -$ 10CCO1 Pavement Reinforcing Fabric SQYD 71.75$ -$ -$ 11CCO1 Geo Textile Grid SQYD 51.25$ -$ -$ 12CCO1 Fog Seal SQYD 25.63$ -$ -$ 13CCO1 Pavement Marking-Caltrans A24 SQFT 18.45$ -$ -$ 14CCO1 12'' White Line Limit Line LF 20.50$ -$ -$ 15CCO1 Traffic Stripe-Caltrans A20A Detail 1 LF 20.50$ -$ -$ 16CCO1 Traffic Stripe - Caltrans A20A Detail 2 LF 20.50$ -$ -$ 17CCO1 Traffic Stripe - Caltrans A20A Detail 8 LF 20.50$ -$ -$ 18CCO1 Traffic Stripe - Caltrans A20A Detail 9 LF 20.50$ -$ -$ 19CCO1 Traffic Stripe - Caltrans A20B Detail 22 LF 23.58$ -$ -$ 20CCO1 Traffic Stripe - Caltrans A20D Detail 29 LF 23.58$ -$ -$ 21CCO1 Traffic Stripe - Caltrans A20D Detail 38 LF 23.58$ -$ -$ 22CCO1 Traffic Stripe - Caltrans A20D Detail 39 LF 23.58$ -$ -$ 23CCO1 Traffic Stripe - Caltrans A20D Detail 39A LF 23.58$ -$ -$ 24CCO1 Reflective Pavement Marker-All Types EA 35.88$ -$ -$ 25CCO1 Hi-Vis-Crosswalk-STD 7350 LF 307.50$ -$ -$ 26CCO1 Bike Lane Buffer LF 30.75$ -$ -$ 27CCO1 Green Bike Lane Coating-STD 7360 SQFT 51.25$ -$ -$ 28CCO1 Remove Traffic Stripe LF 15.38$ -$ -$ 29CCO1 Remove Pavement Marking SQFT 15.38$ -$ -$ 30CCO1 Remove & Replace Sidewalk - Std. 4110 (Area Under 60 SQFT) SQFT 71.75$ -$ -$ 31CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - 60 to 180 SQFT) SQFT 61.50$ 100 6,150.00$ -$ 32CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - over 180 SQFT) SQFT 51.25$ -$ -$ 33CCO1 Remove & Replace Curb and Gutter - Std. 4030 LF 92.25$ -$ -$ 34CCO1 Remove & Replace Curb Ramp - Std. 4440 SQFT 24.60$ -$ -$ 35CCO1 Remove & Replace Cross Gutter - Std. 4310 SQFT 205.00$ -$ -$ 36CCO1 Remove & Replace Driveway Ramp - Std. 2110,2111,2115,2116 SQFT 35.88$ 300 10,762.50$ -$ 37CCO1 Mission Style PCC Coloring and Salt Finish SQFT 6.15$ -$ -$ 38CCO1 Mission Style Tile Installation per Std. 4220 LF 71.75$ -$ -$ 39CCO1 Single Mission Tile Installation - Std. 4220 EA 82.00$ -$ -$ 40CCO1 Replace Truncated Domes - Std. 4440 SQFT 71.75$ -$ -$ 41CCO1 Repaint Curb LF 6.15$ -$ 42CCO1 Furnish & Install Metal Post - Std. 7210 EA 666.25$ -$ -$ 43CCO1 Furnish & Install Metal Post - Std. 7215 EA 717.50$ -$ -$ 44CCO1 Furnish and Install Sign EA 512.50$ -$ -$ 45CCO1 Reconstruct Guardrail - Caltrans A77A1 LF 512.50$ -$ -$ 46CCO1 Furnish and Install Tree Well - Std. 8130, 4'x4' EA 5,125.00$ -$ -$ 47CCO1 Furnish and Install Tree Well - Std. 8130, 5'x5' EA 5,945.00$ -$ -$ 48CCO1 Furnish and Install Tree Well - Std. 8130, 6'x6' EA 7,175.00$ -$ -$ 49CCO1 Enlarge Tree Grate Opening EA 256.25$ -$ -$ 50CCO1 Catch Basin - Std. 3350 EA 15,375.00$ -$ -$ 51CCO1 Catch Basin - Std. 3355 EA 18,450.00$ -$ -$ 52CCO1 Catch Basin - Std. 3355A EA 12,300.00$ -$ -$ 53CCO1 Catch Basin - Std. 3360 EA 18,450.00$ -$ -$ 54CCO1 Adjust Utility Cover - Std. 6040 EA 768.75$ -$ -$ 55CCO1 Manhole Frame and Cover Replacement - Std. 6040 EA 2,562.50$ -$ -$ 56CCO1 Manhole Replacement - Std. 3530 or 6610 EA 13,325.00$ -$ -$ 57CCO1 Manhole Coating EA 30,750.00$ -$ -$ 58CCO1 Construct Well / Cleanout - G5 - Std. 6710 EA 1,230.00$ -$ -$ 59CCO1 Potholing (Depth - 0’ to 4') EA 666.25$ -$ -$ 60CCO1 Potholing (Depth - 4' to 8') EA 973.75$ -$ -$ 61CCO1 Potholing (Depth - 8'+) EA 1,332.50$ -$ -$ 62CCO1 Pipe Excavation & Restoration (Depth - 0’ to 2.5’) LF 205.00$ -$ -$ 63CCO1 Pipe Excavation & Restoration (Depth - 2.5’ to 8.5’) Shoring Required LF 410.00$ -$ -$ 64CCO1 Pipe Excavation & Restoration (Depth - 8.5’+) Shoring Required LF 666.25$ -$ -$ 65CCO1 Traffic Control - Eng. Std. Appendix G – Fig A HR 133.25$ -$ -$ 66CCO1 Traffic Control - Eng. Std. Appendix G – Fig B HR 256.25$ -$ -$ 67CCO1 Traffic Control - Eng. Std. Appendix G – Fig C HR 205.00$ -$ -$ 68CCO1 Traffic Control - Eng. Std. Appendix G – Fig D HR 256.25$ -$ -$ 69CCO1 Traffic Control - Eng. Std. Appendix G – Fig E HR 153.75$ -$ -$ 70CCO1 Traffic Control - Eng. Std. Appendix G – Fig F HR 205.00$ -$ -$ 71CCO1 Traffic Control - Eng. Std. Appendix G – Fig G HR 205.00$ -$ -$ 72CCO1 Traffic Control - Eng. Std. Appendix G – Fig H HR 153.75$ -$ -$ 73CCO1 Traffic Control - Eng. Std. Appendix G – Fig I HR 205.00$ -$ -$ 74CCO1 Traffic Control - Eng. Std. Appendix G – Fig J HR 205.00$ -$ -$ 75CCO1 Traffic Control - Eng. Std. Appendix G – Fig K HR 169.13$ -$ -$ 76CCO1 Traffic Control - Eng. Std. Appendix G – Fig L HR 358.75$ -$ -$ 77CCO1 Traffic Control - Eng. Std. Appendix G – Fig M HR 133.25$ -$ -$ 78CCO1 Traffic Control - Eng. Std. Appendix G – Fig N HR 256.25$ -$ -$ 79CCO1 Traffic Control - Eng. Std. Appendix G – Fig O HR 287.00$ -$ -$ 80CCO1 Traffic Control - Eng. Std. Appendix G – Fig P HR 102.50$ 48 4,920.00$ -$ Unit Price Contract Work Page 318 of 555 81CCO1 Minor Traffic Control HR 76.88$ 48 3,690.00$ -$ 82CCO1 Abandon and Grout (E) Sanitary Sewer with Flowable Fill CY 153.75$ -$ -$ 83CCO1 2" SCH 40 Conduit, 2-Sac Concrete Capped LF 61.50$ -$ -$ 84CCO1 4" SCH 40 Conduit, 2-Sac Concrete Capped LF 66.63$ -$ -$ 85CCO1 2" SCH 40 Conduit, City Standard 6035 - Trench Detail LF 66.63$ -$ -$ 86CCO1 4" SCH 40 Conduit, City Standard 6035 - Trench Detail LF 71.75$ -$ -$ 87CCO1 Electrical Pull Box, PG&E Type #2 (17"x30"x26") LF 1,025.00$ -$ -$ 88CCO1 Pexco City Post (EAC Mount), 36'' Height, white w/ 3 Grey retroreflective strips ( or approved equal)LF 256.25$ -$ -$ 89CCO1 Pexco City Post (EAC Mount), 18'' Height, white w/ 3 Yellow retroreflective strips ( or approved equal)LF 230.63$ -$ -$ Estimated Cost 26,188.75$ Actual Cost -$ Estimate Tons Unit Price Cost 15% Markup Site Total 3.07 100.00$ 307.41$ 46.11$ 353.52$ Estimate Total 353.52$ Tons Unit Price Cost 15% Markup Ticket Total -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Actual Total -$ Estimate Est. No. Location Cost 111 Location X -$ 222 Location Y -$ -$ Actual EW No. Location Cost 111a Location X -$ 222b Location Y -$ -$ 1234 Plant Install A Install B Task Install A Install B Task Actual Actual Total Estimated Total 1234 Plant 1234 Plant 1234 Plant Asphalt Concrete Material Extra Work Ticket Number and Plant Page 319 of 555 Task Order - Paving Estimate Location Work Order Address Description No. Patches L1 (ft)W1 (ft)L2 (ft)W2 (ft)L3 (ft)W3 (ft) Area (SF) AC Depth (in) PCC/AC Edge Grind (SF) Reinforcing Fabric (SY) Adjust Utility Cover (EA)Tons of AC Adjusted Striping Detail Striping (ft/SF/EA) Traffic Control #1 Traffic Control #2 Hours Notes 1 360 Chorro Pave Out 25 2 50.0 10 3.1 3.5 1.75 3.5 Fog Seal Minor 2 A24 A 6 12" White Line B 50.0 10 1 C PCC/AC 2 D 8 E 9 F 22 G 29 H 38 I 39 J 39A K Markers L Crosswalk M Bike Lane Buffer N Green Bike Lane Coating O Remove Traffic Stripe P Remove Marking Page 320 of 555 Task Order - Concrete Estimate Location Work Order Address Description No. Patches Total Length L1 (ft) Total Width W1 (ft) Tree Well Length (Deduction) L2 (ft) Tree Well Width (Deduction) W2 (ft) Number of Tree Wells Other (Deduction) L3 (ft) Other (Deduction) W3 (ft) Area (ft2) Mission Style Mission Style Tile (ft) Curb and Gutter (ft) Curb Ramp (SF) Truncated Domes (SF) Cross Gutter (SF) Driveway Ramp (SF) Repaint Curb (ft) 1 360 Chorro Street Driveway Replacement 1 10 10 100.0 300 Replacement Tree Wells 100.0 Regular 300 4'Mission 5' 6' Enlarge Page 321 of 555 Metal Sign Posts and Sign (EA) Traffic Control Hours Notes Cover Page Description Minor 48 P 48 Minor 48 A B C D E F G H I J K L M N O P 48 Page 322 of 555 Public Works ?13 Palfi Street. San t,urs llrispc CA934:)1 3219 u]5 7?,1 72tri sltrcilT i;r.; February 10,2025 Daniel Battagin 5219 19th Ave NE Seattle WA 98105 Subject: Second lnformal Notice to Repair Sidewalk - 360 Chorro St., San Luis Obispo Dear Property Owner: The sidewalk and driveway apron adjacent to your property located at 360 Chorro in the City of San Luis Obispo has been identified as a dangerous condition and must be mitigated. The City's Streets Maintenance Program has made temporary repairs; however, you as the adjacent property owner are responsible forthe permanent repairs in compliance with the City's Engineering Standards. The City of San Luis Obispo's Municipal Code identifies the improvements between the street line and property line as being the maintenance responsibility of the adjacent property owner. . San Luis Obispo Municipal Code 12.16.020 - Property Owner's Responsibility The maintenonce, repair and collection of the cost of repoir shall be governed by the procedure set forth in Division 7, Port 3, Chopter 22 of the Streets ond Highwoys Code of the state. (Prior code 5 7330.1) public works Department staff sent you the first lnformal Notice to correct on 1'0/1'6/2023, with the request to complete the necessary work within 120 days to the satisfaction of the City. After a review of the file and inspection of the property, staff has noted the conditions have not been corrected. you shallobtain an Encroachment Permit no later lhan411,/2025 and complete the repairswithin 30 days of this of the permit issuance. Failure to comply with the above-stated dates will result in the City issuing a formal Notice to Correct and the work being completed by the City's contractor. lt should be noted, if the work is complete by a City contractor, the work is subject to prevailing wage requirements. A hearing has been added to the 5/20/2025 City Council agenda to seek approval for the necessary work and to pursue reimbursement through a special assessment and lien, should the work not be completed by the above stated date. Please feelfree to contact me with any questions at nstephenson@slocity.org. Page 323 of 555 Since re ly, Nehimiah Stephenson Maintena nce SuPerintendent Public Works DePartment Attachments: Previous Correspondences, Photos, Sidewalk Brochure, Applicable Streets and Highways Code Page 324 of 555 Areas of less severe damage are completed as the next priority, working around the City in a systematic fashion in advance of the paving program. That can mean the sidewalk will not be replaced for several years. Damage other than that caused by street trees needs to be completed by the propefty owner. Related to sidewalk repair is clearance and visibility. When is maintenance required? . Visibility - When parkway strip shrubbery interferes with the ability of a driver to see pedestrians or approaching traffic, either frorn a driveway or an intersection, trimming of shrubs must be completed by the property owner. Shrubs must be trimmed to a maxinrum height of 36", for a minimum distance of 30' fiom an intersection. (Municipal Code 10.60 and 17. 16.020) . Walkway and Cutter Clearance * Trimming of ground cover or shrubs is required when the plants extend onto or over the sidewalk, gutter, or street. . Parkway Strip Condition - All tree stumps, large rocks, trash and holes tnust be removed by the property owner. The parkway strip must be level and holes must be filled and leveled with dirt or other material. When is a permit required for landscape maintenance work? lf the sidewalk or the street must be closed for the work, a permit is required from Public Works. Call (805)73 l-701 5 for additional infbrmation. lf a tree is to be removed, a tree removal permit must be obtained. Applications for tree removal are available on the City's web site on the Public Works page www.slocitv.org or call l8l-7220 for additional information. (rl!.) @ocna-lol)P3 oP)-c s!. oq (JLt q \O! 5 CltvoF sflnl,(IlsonrsPo Sidewalk & Parkway Strip Maintenance Property Owner Responsibilities Department of Public Works 805-78 1,1220 80s-781-701 s Itev Ll1.l3 Page 325 of 555 'l-he City receives many requests flonr citizens to make repairs to sidewalks. Th is brochure provides general information to the public on this subject. What is the sidewalk, parkway, and curb and gutter? 't'he sidewalk, parkway strip, and curb & gutter are typically rnade of concrete and located next to the street on the front and/or side portion of your propefty. The curb and gutter are located at the edge of the street pavement. The sidewalk is either separated from the curb by a parkway strip, or is located adjacent to the curb. Parkways are sometimes planted or filled in with brick or other rnaterials. Who is responsible for maintenance?-l'he properly owner is responsible for properly rraintaining this area (see San Luis Obispo Municipal Code Section 12.16.020 and Streets and tlighway Code Division 7. Part 3, Chapter 22). This responsibility includes maintenance of damaged or displaced concrete and abaternent of weeds or debris. While the City may be liable for injuries to pedestrians that are determined to have resulted from a dangerous condition of a public sidewalk, propefty owners should be aware that they may also be found liable if it is determined that their negligence caused someone to be harrned. When should property owners consider doing sidewalk replacement? Replacernent of the sidewalk, curb and gutter concrete should be considered when one or n.lore of the following exists: r When there is a vertical difference in height hetween sections of the sidewalk or concrete parkway strip of 3/4" or more.r Ifthe concrete has broken apart.r In any instance where the owner has reason to know that the condition presents a danger to users, or the owner has observed someone trip because of damage to the surface. In addition to damaged sections of sidewalk, curb and gutter replacernent is typically required when sidewalks and driveways are replaced, unless the sidewalk is separated fiotn the curb by a parkway. Patching should be cornpleted when horizontal openings greater than l/2" exist. What are the options available for completing the work? The City recommends construction of curbs, gutters, and sidewalks in C ity streets be perfonned by a properly licensed and insured contractor. A perrnit is required for concrete repair. Call (805)781-701 5 for permit requirements. Are there inspections and standards for concrete repair work? Yes, all work and materials must be in confbrmance with the City of San Luis Obispo Engineering Standards for Public Works Construction. Before placing any concrete, you must have any tree root renroval apploved, and the saw cut, forms, and base inspected. After approval, a City-approved concrete mix must be used. The surface finish must be a light broom finish with score rnarks. After the work is completed, you must call for a final inspection. A perrnit is required for all concrete work in the public right-of-way. Engineering Standards for construction are available on the City's web site on the Public Works page www.slocity.org. For information on obtaining a pennit call (805)781- tjt 5. ls the property owner responsible for repairs if the concrete damage is caused by a tree? The City encourages street trees in front of residences. (Municipal Code 12.24.010) T'he property owner is responsible fbr the rnaintenance of the street tree but the City will repair the sidewalk when the concrete has been damaged by a street tree, as funding is available. and tirned with the area rotation program. Concrete damaged by trees other than street trees is the responsibility of the property owner. Maintenance, trimrning and replacement of street trees and shrubs is governed by Chapter 12.24.110, 12.24.120 and 12.24.150 of the MunicipalCode. What measures should be taken to minimize concrete displacement by tree roots? Ceftain species of trees rnay raise concrete if preventative maintenance is not performed. To reduce the chance of future concrete displacement, trees can be root-pruned. Care must be taken when root pruning to avoid darnaging underground utilities or destabilizing or harming the tree. This work must be cornpleted by a licensed arborist. Also, deep- watering tlre tree, that is, applying a slow trickle of water over a 24-hour period, encourages deeper root growth which reduces the chance of sidewalk damage. lf a problem is reported to the City, how long does it take for a repair? When a report is made to the City, it is entered in to the work order program. Subject to the availability of resources and personnel, the City will attenrpt to review the site within a week of entry of the work order. lf a ternporary repair, such as grinding or ramping the area can be made, the City will generally attempt to complete that work within two weeks. Severe darnage caused by a street tree, which cannot be repaired adequately, will be reconstructed as soon as resources and available personnel allow. Page 326 of 555 Public Works 9t g Palm Streel, San Luis Obispo. CA 93401-321 8 805 781 /200 slocity.orq October L6,2023 Daniel Battagin 5219 19th Ave NE Seattle WA 98105 93405 Subject: Notice to Correct Sidewalk & Driveway Apron at 350 Chorro St. Dear Property Owner, The sidewalk and driveway apron adjacent to your property at 360 Chorro St. in the City of San Luis Obispo must be repaired. This is the section of sidewalk at 360 Chorro St. is considered a dangerous condition that must be mitigated. The condition of the concrete has deteriorated so severely that a temporary repair effort by Public Works staff would fail in a very short time and make the sidewalk more of a hazard. This sidewalk was brought to our attention by a citizen complaint. The City of San Luis Obispo's Municipal Code identifies the curb, gutter, and sidewalk adjacent to your property as being the maintenance responsibility of the property owner, in this case, Daniel Battagin 12.16.020 Property owner's responsibility - City Municipol Code The mointenonce, repoir, and collection of the cost of repoir sholl be governed by the procedure set forth in Division 7, Port 3, Chapter 22 of the Streets ond Highways Code of the state. (Prior code I7330.1) The appropriate sections of the Streets and Highway Code are included as an attachment to this letter Below are some incrementaltimeframes to complete the work. Within 30 calendar days of this letter, you must acknowledge receipt of this letter. Within 60 calendardays of this letter, you must submitto the Citythe necessary repair plansfor the issuance of an encroachment permit. Within 90 calendar days of this letter, you must obtain an encroachment permit from the City to complete the necessary repair work. Within 120 calendar days of this letter, you must complete the necessary repair work to the satisfaction of the City. a a a Page 327 of 555 This repair work can be costly; if you prefer to propose alternate timeframes for consideration, please submit those in writing to me within 30 calendar days of this letter. Failure to comply with this request could lead to formal Notices to Correct being issued with accelerated repairtimeframes as required by the Streets and Highways Code. Sincerely, Aaron Anderson Acting Streets Ma intena nce Supervisor aanderso@ s I ocitv.o rs 805-7 81-7 043 Attachments: 1'. Attachment 1 - Streets and Highway Code - Division 7 , Part 3, Chapter 22, Arlicle 2 2. Photos 3. Sidewalk & Parkway Strip Maintenance brochure STREETS AND HIGHWAYS CODE - SHC DIVISION 7. THE IMPROVEMENT ACT OF 1911 PART 3. PERFORMING THE WORK CHAPTER 22. Maintenance of Sidewalks ARTICLE 2. Repairs 5510.lots or rtion or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip,shall maintain anv sid k in such condition that the sidewalk will not enda nqer persons or prooertv and maintain it in condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. 5611. When anv portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or oroDe rtv or in condition to interfere with the oublic nce in the use of such sidewalk, the superintendent of streets shall notifv the owner or person in possession of the propertv ortion of s h tr to re ir 5612. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. 5513. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by L0 inches in size, to be posted in a conspicuous place on the property. ln lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card Page 328 of 555 notice, mail an additional postal card, postage prepaid, marked "second Notice," to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article but shall not extend the time for commencing repairs specified in Section 5614. 5514.The notice shall rticularlv soecifv what work is uired to be done. and how it is to be done. and what materi ls shall be used in the repa ir and shall further soec ifu that if the reoair is not commenced in two nd dil ron the srrnpri nte ndont nf <trprrf< shall m lza such re n2 and fhc c+ nf fhtr e same sh all ho r lian nn iho propertv. 5614.1. The legislative body may adopt a resolution determining that bonds shall be issued, and assessments collected and enforced pursuant to Part 5 of this division. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. 5515. lf the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs forwhich, pursuant to this chapter, subsequent notices are given, hearings held, and assessment and collection procedures are conducted. 5515. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. lf bonds are to be issued, the notice shall also contain the information required by Section 5614.1,. 56t7. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. 5518. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. Page 329 of 555 Page 330 of 555 \i. B. I r Print your name and address on the reverse , so that we can return the card to you. r Attach this card or on the front if to the back of the mailPiece, 1..1, 2, and 3. 9590 9402 8995 4122 4043 81 D0nlet Bolltrgtn 52lq \q'. Nvc NE $'eo+ilt,\Nq , qg\o5 il r lilll llil lll I lllllll I I ll lll ll ll llll llll lll r 1, Article Addressed to: SENDER: COMPLETE THIS SECTION COMPLETE THIS SECT'ON ON DELIVERY A. x 3. ServiceType tr Adult Signature Restrlcted Dellvery Mail@ Certified Mail Resiricted D€liv€ry E Collect on Delivery E Collect on Delivery Restricted Delivery -'-- ?d Mail Agent C. Date of Q,-zz' ls delivery address from item 1?Yes lf YES, enter delivery address below: E No tr Priority Mail ExPress@ D Reoist€red MaiFM tr Re;istered Mail Rsstricted Delivery E Signature ConfirmationlM E Signaturo Conlirmation Festricted Delivery ^ A4i^r^ if , rhhAr fTnnsfer from service label) i PS Form 381 1, July 2020 PsN 7530-02-000-9053 Restrlcted Delivery Doma6tic setuinei:.'lt ; ?u1,5 eEg0 uutltl 1r{1,3 ?3Lh Page 331 of 555 l llllu]ililtffi"lllilt USPSTRACKING# l55U lqEe 8115 q IeE q0 '{3 A1 First-Class Mail Postage & Fees Paid USPS Permit No. G-10 United States PostalService o Please your name, address, and ZIP+4@ in this box. City of San Luis Obispo Public Works z5 Prado Road San N ic\ i,'iil.fllililisrlf 'rl'i'h'ilf i,f *,f lif ,lslf ,,rhtif rjtpif t,,tf Page 332 of 555 Public Works Department 919 Palm St. Specification Number: 1000199 San Luis Obispo, CA Task Order No: 93401-3218 Location 1 Contingency *Total *For cost in excess of $100,000 attach City Manager Report approving purchase. Streets and Sidewalk Maintenance JOC - AUTHORIZATION City of San Luis Obispo Task Order Details Work Order No.Nearest Address Description 368 Chorro Driveway Replacement Replacement of Driveway and sidewalk, creating ada compliance. Description of Project: Extra Work -$ 23,609.72$ 3,934.95$ Unit Price Work 19,321.25$ Asphalt Material 353.52$ Estimated Costs Page 333 of 555 Item No.Item Description Unit of Measure Unit Price Estimated Quantity Estimated Cost Actual Quantity Final Cost 1CCO1 Edge Grind SQFT 10.25$ -$ -$ 2CCO1 1.75" Thin Maintenance Overlay SQFT 13.33$ -$ -$ 3CCO1 2” AC Grind & AC Overlay-1/2'' Aggregate SQFT 41.00$ -$ -$ 4CCO1 6” AC Pavement - Excavation & Restoration SQFT 9.23$ -$ -$ 5CCO1 10” AC Pavement - Excavation & Restoration SQFT 13.33$ 50 666.25$ -$ 6CCO1 8” PCC with 3” max AC Cap - Excavation & Restoration SQFT 29.73$ -$ -$ 7CCO1 Class II Aggregate TON 87.13$ -$ -$ 8CCO1 Trench Backfill Sand TON 76.88$ -$ -$ 9CCO1 AC Dike - Caltrans A87B LF 23.58$ -$ -$ 10CCO1 Pavement Reinforcing Fabric SQYD 71.75$ -$ -$ 11CCO1 Geo Textile Grid SQYD 51.25$ -$ -$ 12CCO1 Fog Seal SQYD 25.63$ -$ -$ 13CCO1 Pavement Marking-Caltrans A24 SQFT 18.45$ -$ -$ 14CCO1 12'' White Line Limit Line LF 20.50$ -$ -$ 15CCO1 Traffic Stripe-Caltrans A20A Detail 1 LF 20.50$ -$ -$ 16CCO1 Traffic Stripe - Caltrans A20A Detail 2 LF 20.50$ -$ -$ 17CCO1 Traffic Stripe - Caltrans A20A Detail 8 LF 20.50$ -$ -$ 18CCO1 Traffic Stripe - Caltrans A20A Detail 9 LF 20.50$ -$ -$ 19CCO1 Traffic Stripe - Caltrans A20B Detail 22 LF 23.58$ -$ -$ 20CCO1 Traffic Stripe - Caltrans A20D Detail 29 LF 23.58$ -$ -$ 21CCO1 Traffic Stripe - Caltrans A20D Detail 38 LF 23.58$ -$ -$ 22CCO1 Traffic Stripe - Caltrans A20D Detail 39 LF 23.58$ -$ -$ 23CCO1 Traffic Stripe - Caltrans A20D Detail 39A LF 23.58$ -$ -$ 24CCO1 Reflective Pavement Marker-All Types EA 35.88$ -$ -$ 25CCO1 Hi-Vis-Crosswalk-STD 7350 LF 307.50$ -$ -$ 26CCO1 Bike Lane Buffer LF 30.75$ -$ -$ 27CCO1 Green Bike Lane Coating-STD 7360 SQFT 51.25$ -$ -$ 28CCO1 Remove Traffic Stripe LF 15.38$ -$ -$ 29CCO1 Remove Pavement Marking SQFT 15.38$ -$ -$ 30CCO1 Remove & Replace Sidewalk - Std. 4110 (Area Under 60 SQFT)SQFT 71.75$ 50 3,587.50$ -$ 31CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - 60 to 180 SQFT) SQFT 61.50$ -$ -$ 32CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - over 180 SQFT) SQFT 51.25$ -$ -$ 33CCO1 Remove & Replace Curb and Gutter - Std. 4030 LF 92.25$ -$ -$ 34CCO1 Remove & Replace Curb Ramp - Std. 4440 SQFT 24.60$ -$ -$ 35CCO1 Remove & Replace Cross Gutter - Std. 4310 SQFT 205.00$ -$ -$ 36CCO1 Remove & Replace Driveway Ramp - Std. 2110,2111,2115,2116 SQFT 35.88$ 180 6,457.50$ -$ 37CCO1 Mission Style PCC Coloring and Salt Finish SQFT 6.15$ -$ -$ 38CCO1 Mission Style Tile Installation per Std. 4220 LF 71.75$ -$ -$ 39CCO1 Single Mission Tile Installation - Std. 4220 EA 82.00$ -$ -$ 40CCO1 Replace Truncated Domes - Std. 4440 SQFT 71.75$ -$ -$ 41CCO1 Repaint Curb LF 6.15$ -$ 42CCO1 Furnish & Install Metal Post - Std. 7210 EA 666.25$ -$ -$ 43CCO1 Furnish & Install Metal Post - Std. 7215 EA 717.50$ -$ -$ 44CCO1 Furnish and Install Sign EA 512.50$ -$ -$ 45CCO1 Reconstruct Guardrail - Caltrans A77A1 LF 512.50$ -$ -$ 46CCO1 Furnish and Install Tree Well - Std. 8130, 4'x4'EA 5,125.00$ -$ -$ 47CCO1 Furnish and Install Tree Well - Std. 8130, 5'x5'EA 5,945.00$ -$ -$ 48CCO1 Furnish and Install Tree Well - Std. 8130, 6'x6'EA 7,175.00$ -$ -$ 49CCO1 Enlarge Tree Grate Opening EA 256.25$ -$ -$ 50CCO1 Catch Basin - Std. 3350 EA 15,375.00$ -$ -$ 51CCO1 Catch Basin - Std. 3355 EA 18,450.00$ -$ -$ 52CCO1 Catch Basin - Std. 3355A EA 12,300.00$ -$ -$ 53CCO1 Catch Basin - Std. 3360 EA 18,450.00$ -$ -$ 54CCO1 Adjust Utility Cover - Std. 6040 EA 768.75$ -$ -$ 55CCO1 Manhole Frame and Cover Replacement - Std. 6040 EA 2,562.50$ -$ -$ 56CCO1 Manhole Replacement - Std. 3530 or 6610 EA 13,325.00$ -$ -$ 57CCO1 Manhole Coating EA 30,750.00$ -$ -$ 58CCO1 Construct Well / Cleanout - G5 - Std. 6710 EA 1,230.00$ -$ -$ 59CCO1 Potholing (Depth - 0’ to 4')EA 666.25$ -$ -$ 60CCO1 Potholing (Depth - 4' to 8')EA 973.75$ -$ -$ 61CCO1 Potholing (Depth - 8'+)EA 1,332.50$ -$ -$ 62CCO1 Pipe Excavation & Restoration (Depth - 0’ to 2.5’)LF 205.00$ -$ -$ 63CCO1 Pipe Excavation & Restoration (Depth - 2.5’ to 8.5’) Shoring Required LF 410.00$ -$ -$ 64CCO1 Pipe Excavation & Restoration (Depth - 8.5’+) Shoring Required LF 666.25$ -$ -$ 65CCO1 Traffic Control - Eng. Std. Appendix G – Fig A HR 133.25$ -$ -$ 66CCO1 Traffic Control - Eng. Std. Appendix G – Fig B HR 256.25$ -$ -$ 67CCO1 Traffic Control - Eng. Std. Appendix G – Fig C HR 205.00$ -$ -$ 68CCO1 Traffic Control - Eng. Std. Appendix G – Fig D HR 256.25$ -$ -$ 69CCO1 Traffic Control - Eng. Std. Appendix G – Fig E HR 153.75$ -$ -$ 70CCO1 Traffic Control - Eng. Std. Appendix G – Fig F HR 205.00$ -$ -$ 71CCO1 Traffic Control - Eng. Std. Appendix G – Fig G HR 205.00$ -$ -$ 72CCO1 Traffic Control - Eng. Std. Appendix G – Fig H HR 153.75$ -$ -$ 73CCO1 Traffic Control - Eng. Std. Appendix G – Fig I HR 205.00$ -$ -$ 74CCO1 Traffic Control - Eng. Std. Appendix G – Fig J HR 205.00$ -$ -$ 75CCO1 Traffic Control - Eng. Std. Appendix G – Fig K HR 169.13$ -$ -$ 76CCO1 Traffic Control - Eng. Std. Appendix G – Fig L HR 358.75$ -$ -$ 77CCO1 Traffic Control - Eng. Std. Appendix G – Fig M HR 133.25$ -$ -$ 78CCO1 Traffic Control - Eng. Std. Appendix G – Fig N HR 256.25$ -$ -$ 79CCO1 Traffic Control - Eng. Std. Appendix G – Fig O HR 287.00$ -$ -$ 80CCO1 Traffic Control - Eng. Std. Appendix G – Fig P HR 102.50$ 48 4,920.00$ -$ Unit Price Contract Work Page 334 of 555 81CCO1 Minor Traffic Control HR 76.88$ 48 3,690.00$ -$ 82CCO1 Abandon and Grout (E) Sanitary Sewer with Flowable Fill CY 153.75$ -$ -$ 83CCO1 2" SCH 40 Conduit, 2-Sac Concrete Capped LF 61.50$ -$ -$ 84CCO1 4" SCH 40 Conduit, 2-Sac Concrete Capped LF 66.63$ -$ -$ 85CCO1 2" SCH 40 Conduit, City Standard 6035 - Trench Detail LF 66.63$ -$ -$ 86CCO1 4" SCH 40 Conduit, City Standard 6035 - Trench Detail LF 71.75$ -$ -$ 87CCO1 Electrical Pull Box, PG&E Type #2 (17"x30"x26")LF 1,025.00$ -$ -$ 88CCO1 Pexco City Post (EAC Mount), 36'' Height, white w/ 3 Grey retroreflective strips ( or approved equal)LF 256.25$ -$ -$ 89CCO1 Pexco City Post (EAC Mount), 18'' Height, white w/ 3 Yellow retroreflective strips ( or approved equal)LF 230.63$ -$ -$ Estimated Cost 19,321.25$ Actual Cost -$ Estimate Tons Unit Price Cost 15% Markup Site Total 3.07 100.00$ 307.41$ 46.11$ 353.52$ Estimate Total 353.52$ Tons Unit Price Cost 15% Markup Ticket Total -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Actual Total -$ Estimate Est. No.Location Cost 111 Location X -$ 222 Location Y -$ -$ Actual EW No.Location Cost 111a Location X -$ 222b Location Y -$ -$ Install B Task Actual Actual Total Estimated Total 1234 Plant 1234 Plant 1234 Plant Asphalt Concrete Material Extra Work Ticket Number and Plant 1234 Plant Install A Install B Task Install A Page 335 of 555 Task Order - Paving Estimate Location Work Order Address Description No. Patches L1 (ft)W1 (ft)L2 (ft)W2 (ft)L3 (ft)W3 (ft) Area (SF) AC Depth (in) PCC/AC Edge Grind (SF) Reinforcing Fabric (SY) Adjust Utility Cover (EA)Tons of AC Adjusted Striping Detail Striping (ft/SF/EA) Traffic Control #1 Traffic Control #2 Hours Notes 1 368 Chorro Street Pave Out 25 2 50.0 10 3.1 3.5 1.75 3.5 Fog Seal Minor 2 A24 A 6 12" White Line B 50.0 10 1 C PCC/AC 2 D 8 E 9 F 22 G 29 H 38 I 39 J 39A K Markers L Crosswalk M Bike Lane Buffer N Green Bike Lane Coating O Remove Traffic Stripe P Remove Marking Page 336 of 555 Task Order - Concrete Estimate Location Work Order Address Description No. Patches Total Length L1 (ft) Total Width W1 (ft) Tree Well Length (Deduction) L2 (ft) Tree Well Width (Deduction) W2 (ft) Number of Tree Wells Other (Deduction) L3 (ft) Other (Deduction) W3 (ft) Area (ft2) Mission Style Mission Style Tile (ft) Curb and Gutter (ft) Curb Ramp (SF) Truncated Domes (SF) Cross Gutter (SF) Driveway Ramp (SF) Repaint Curb (ft) 1 368 Chorro Street Driveway Replacement 1 10 5 50.0 180 Replacement Tree Wells 50.0 Regular 180 4'Mission 5' 6' Enlarge Page 337 of 555 Metal Sign Posts and Sign (EA) Traffic Control Hours Notes Cover Page Description Minor 48 P 48 Minor 48 A B C D E F G H I J K L M N O P 48 Page 338 of 555 Public Works tlg?aJiJt Siteet. San Lu;s lDrspo CA]34t1 3218 '4i;-r 73l, 720{) slOci?y orq February IO,2025 Christopher and Anne Hodges 302 Cuesta Drive San Luis Obispo, CA 93401 Subject: Second lnformal Notice to Repair Sidewalk - 368 Chorro St., San Luis Obispo Dear Property owner: The sidewalk adjacent to your property located at 368 Chorro in the City of San Luis Obispo has been identified as a dangerous condition and must be mitigated. The City's Streets Maintenance Program has made temporary repairs; however, you as the adjacent property owner are responsible for the permanent repairs in compliance with the city's Engineering standards. The City of San Luis Obispo's Municipal Code identifies the improvements between the street line and property line as being the maintenance responsibility of the adjacent property owner. r San Luis Obispo Municipal Code 12.16.O20 - Property Owner's Responsibility The mointenonce, repair and collection of the cost of repair sholl be governed by the procedure set forth in Division 7, Port 3, Chapter 22 of the Slreets and Highways Code of the stote. (Prior code 5 7330.1-) public Works Department staff sent you the first lnformal Notice to Correct on 1Ol1612023, with the request to complete the necessary work within 120 days to the satisfaction of the City. After a review of the file and inspection of the property, staff has noted the conditions have not been corrected. you shall obtain an Encroachment Permit no later than a/1/2O25 and complete the repairs within 30 days of this of the permit issuance. Failure to comply with the above-stated dates will result in the City issuing a formal Notice to Correct and the work being completed by the City's contractor. lt should be noted, if the work is completed by a City contractor, the work is subject to prevailing wage requirements. A hearing has been added to the 5/20/2025 City Council agenda to seek approvalfor the necessary work and to pursue reimbursement through a specialassessment and lien, should the work not be completed by the above stated date. Please feel free to contact me with any questions at nstephenson@slocity'org. Sincerely, Nehimiah Stephenson Maintena nce SuPerintendent Page 339 of 555 Sin ce re ly, Nehimiah Stephenson Maintenance SuPerintendent Public Works DePartment Attachments: Previous Correspondences, Photos, sidewalk Brochure, Applicable streets and Highways Code Page 340 of 555 Aleas of less severe damage are completed as the next priority, working around the City in a systernatic fashion in advance of the paving program. That can nrean the sidewalk will not be replaced for several years. Damage other than that caused by street trees needs to be completed by the propefty owner. Related to sidewalk repair is clearance and visibility. When is maintenance required? . Visibility - When parkway strip shrubbery interfbres with the abitiry of a driver to see pedestrians or approaching traffic, either frorn a driveway or an intersection, trimming of shrubs must be completed by the property owner. Shrubs must be trimmed to a maximurn height of 36", for a minimum distance of 30' fiom an intersection. (Municipal Code 10.60 and 17.16.020) r Walkway and Gutter Clearance * Trimming of ground cover or shrubs is required when the plants extend onto or over the sidewalk, gutter, or street. . Parkway Strip Condition - All tree stumps, large rocks, trash and holes rnust be removed by the propefty owner. The parkway strip must be level and holes must be filled and leveled with dirt or other material. When is a permit required for landscape maintenance work? If the sidewalk or the street must be closed for the work, a permit is required flom Public Works. Call (805)781-701 5 for additional infbrmation. lf a tree is to be removed, a tree removal permit rnust be obtained' Applications for tree removal are available on the City's web site on the Public Works page www.slocit-v.org or call 78 l-1220 for additional information. (, N) r-N u-i -'ck @O(n ^-F0\)r')3o-o -'d s=. a@ ,r d>-a \O -O aO 5O CMYOF SflNLuISONTSPO Sidewalk & Parkway Strip Maintenance Property Owner Responsibilities Department of Public Works 805-78 r-1220 805-781-701 5 Rev Ll1.lJ Page 341 of 555 'T'he City receives many requests from citizens to rnake repairs to sidewalks. This brochure provides general inforrnation to the public on this sub-ject. What is the sidewalko parkway, and curb and gutter? 'fhe sidewalk, parkway strip, and curb & gutter are typically rnade of concrete and located next to the street on the front and/or side portion of your propefty. The curb and gutter are located at the edge of the sheet pavement. The sidewalk is either separated from the curb by a parkway strip, or is located adjacent to the curb. Parkways are sometimes planted or filled in with brick or other rnaterials. Who is responsible for maintenance? 1'he properfy owner is responsible for properly rnaintaining this area (see San Luis Obispo Municipal Code Section 12.16.020 and Streets and l-lighway Code Division 7, Part 3, Chapter 22). This responsibility includes maintenance of darnaged or displaced concrete and abaternent of weeds or debris. While the City rnay be liable for injuries to pedestrians that are determined to have resulted from a dangerous condition of a public sidewalk, propefty owners should be aware that they mav also be found liable if it is determined that their negligence caused someone to be harmed. When should property owners consider doing sidewalk replacement? Replacerlent of the sidewalk, curb and gutter concrete should be considered when one or lnore of the following exists: r When there is a verlical difference in height between sections of the sidewalk or concrete parkway strip of 3/4" or more.r lfthe concrete has broken apar1.r In any instance where the owner has reason to know that the condition presents a danger to users, ol' the owner has observed someone trip because of damage to the surface. In addition to darnaged sections of sidewalk, curb and gutter replacenrent is typically required when sidewalks and driveways are replaced, unless the sidewalk is separated florr the curb by a parkway. Patching should be completed when horizontal openings greater than l/2" exist. What are the options available for completing the work? The City recommends construction of curbs, gutters, and sidewalks in C ity streets be perfonned by a properly licensed and insured contractor. A pennit is required for concrete repair. Call (805)781-7015 for permit requirements. Are there inspecfions and standards for concrete repair work? Yes. all work and materials must be in conformance with the City of San Luis Obispo Engineering Standards for Public Works Construction. Before placing any concrete, you must have any tree root renroval approved, and the saw cut, forms, and base inspected. After approval, a City-approved concrete mix must be used. The surface flnish rnust be a light broom finish with score marks. After the work is completed, you must call for a final inspeclion. A perrnit is required for all concrete work in the public right-of-way. Engineering Standards for construction are available on the City's web site on the Public Works page www.slocity.org. For information on obtaining a pennit call (805)781- 7015. ls the property owner responsible for repairs if the concrete damage is caused by a tree? 1'he City encourages street trees in front of residences" (Municipal Code 12.24.010) The propefiy owner is responsible for the nraintenance of the street tree but the City will repair the sidewalk when the concrete has been damaged by a street tree, as funding is available. and tirrred with the area rotation program. Concrete damaged by trees other than street trees is the responsibility of the propefty owner. Maintenance. frimming and replacement of street trees and shrubs is governed by Chapter 12.24.110. 12.24.120 and 12.24.150 of the MunicipalCode. What measures should be taken to minimize concrete displacement by tree roots? Certain species of trees rnay raise concrete if preventative maintenance is not performed. To reduce the chance of futr.rre concrete displacement, trees can be root-prr-rned. Care must be taken when root pruning to avoid darnaging underground utilities or destabilizing or harming the tree. This work must be cornpleted by a licensed arborist. AIso, deep- watering the tree, that is, applying a slow trickle of water over a 24-hour period, encourages deeper mot growth which reduces the chance of sidewalk damage. lf a problem is reported to the City, how long does it take for a repair? When a report is made to the City, it is entered in to the work order program. Subject to the availability of resources and personnel. the City will atterlpt to review the site within a week of entry of the work order. lf a ternporary repair, such as grinding or ramping the area can be made, the City will generally attempt to complete that work within two weeks. Severe danrage caused by a street tree, which cannot be repaired adequately, will be reconstructed as soon as resources and available personnel allow. Page 342 of 555 Public Works 919 Palrn Street. San Luis 0lrispo. CA 93401'321 8 805 781 7200 slocity orq October t6,2023 Christopher and Anne Hodges 2009 Revocable Trust 302 Cuesta Dr. San Luis Obispo, CA 93401 Subject: Notice to Correct Sidewalk & Driveway Apron APN:001-191-003 Dear Property Owne; The sidewalk and driveway apron adjacent to your property at 368 Chorro St. in the City of San Luis Obispo must be repaired. This is the section of sidewalk at 368 Chorro St., and the neighboring driveway apron at 368 Chorro St. is considered a dangerous condition that must be mitigated. The condition of the concrete has deteriorated so severely that a temporary repair effort by Public Works staff would fail in a very short time and make the sidewalk more of a hazard. This sidewalk was brought to our attention by a citizen complaint. The City of San Luis Obispo's Municipal Code identifies the curb, gutter, and sidewalk adjacent to your property as being the maintenance responsibility of the property owner, in this case, Christopher and Anne Hodges 2009 Revocable Trust 72.76.020 Property owner's responsibility - City Municipol Code The maintenonce, repoir, ond collection of the cost of repair sholl be governed by the procedure set forth in Division 7, Port 3, Chopter 22 of the Steets ond Highwoys Code of the stqte. (Prior code 5 7s30.1) The appropriate sections of the Streets and Highway Code are included as an attachment to this letter. Below are some incrementaltimeframes to complete the work. Within 30 calendar days of this letter, you must acknowledge receipt of this letter Within 60 calendar days of this letter, you must submit to the City the necessary repair plans for the issuance of an encroachment permit. Within 90 calendar days of this letter, you must obtain an encroachment permit from the City to complete the necessary repair work. a a a Page 343 of 555 a Within 120 calendar days of this letter, you must complete the necessary repair work to the satisfaction of the City. This repair work can be costly; if you prefer to propose alternate timeframes for consideration, please submit those in writing to me within 30 calendar days of this letter. Failure to comply with this request could lead to formal Notices to Correct being issued with accelerated repairtimeframes as required by the Streets and Highways Code. Sincerely, Aaron Anderson Acti ng Streets Ma intena nce Su pervisor a a nde rso (oslocitv.o rs 805-7 8I-4043 Attachments 1'. Attachment L - Streets and Highway Code - Division 7, Part 3, Chapter 22, Arlicle 2 2. Photos 3. Sidewalk & Parkway Strip Maintenance brochure STREETS AND HIGHWAYS CODE - SHC DIVISION 7. THE IMPROVEMENT ACT OF 1911 PART 3. PERFORMING THE WORK CHAPTER 22. Maintenance of Sidewalks ARTICLE 2. Repairs 5510. The owners of lots or portions of lots fronting on anv portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain anv sidewalk in such condition enda e a condition wh h will interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. 5511.When anv oortion of sidewalk is out of reoair or oendins reconstru n and in condition to r endanper oersons or or in condition to interfere with the oublic co nience in the use of such sidewalk. the suoerintend ent of streets shall notifu the owner or oerson in on of the orooertv frontins on that n of such sidewalk so out of reoair. to repair the sidewalk. 56t2. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known Page 344 of 555 address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. 5613. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by L0 inches in size, to be posted in a conspicuous place on the property. ln lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than L0 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "second Notice," to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article but shall not extend the time for commencing repairs specified in Section 5614. 5514.The notice shall oarticul rlv soecifv what work is reouired to be done, and how it is to be done. and what materials shall he rrsed in the reoair and shall fr rrf hp rs necifu tha t if the renair nnt rnmmpnrpd within two weeks after ice is siven and dilisentlv and without interruotion secuted to comoletion. the suoerintendent of shall make such reoair. and the cost of the me shall be a lien on the propertv. 5514.1. The legislative body may adopt a resolution determining that bonds shall be issued, and assessments collected and enforced pursuant to Part 5 of this division. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. 5615. lf the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment rollof the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held, and assessment and collection procedures are conducted. 5616. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. lf bonds are to be issued, the notice shall also contain the information required by Section 561,4.L, 56t7. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. Page 345 of 555 5618. Upon the day and hour fixed for the hearing the legislative body shall hedr and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. Page 346 of 555 Page 347 of 555 Page 348 of 555 Page 349 of 555 Page 350 of 555 From: Sent: To: Subject: Attachments: Collins, Andrew Tuesday, April 1 6,2024 2:53 PM rourkefam@gmail.com FW: 368 Chorro St Lincoln at Chorro.pdf Greetings Mr. Rourke, I have been asked to provide you with the requested clarifications regarding your 3114124 email (below) A question-and-answer format will be used to facilitate a response. e: The section you cited (12.16.020)does not mention driveway replacement, only curb gutter and sidewalk- A: The referenced municipal code (1216.020) does not mention driveway replacement, or curb, or gutter. It simply states that the City of SLO has adopted the State's Streets and Highways Code for maintenance' repair, and collection of costs of such appurtenances.qe-g n12.16.020 PropertYowner's resPonsibility. The maintena nce, repair and collection of the cost o{ repair shall be governed by the procedure set forth in Division 7 , Parl3, Chapler 22 ot lhe Streets and Code of the state lRrior code E 7330.11 e: Ihe streets and highwoy code you cite only mentions sidewolks. I don't see dny authority to require the driveway replacement, con you Provide that? A: There appears to be a misunderstanding on this topic. Having reviewed the Notice of Correction sent to the property owner dated October 16,2023, there is no mention of driveway replacement' The Noiice of Correction reads; "The sidewotk and drivewoy opron adjacent to your property ot 368 Chorro St. in the City of Son Luis Obispo must be repoired. This is the section of sidewotk ot 368 Chorro St., ond the neighboring driveway apron ot 368 Chorro St. is considered a dangerous c.ondition that must be mitigoted." It is the driveway apron as an integral part of the "sidewalk area" that has been found deficient, not the driveway proper behind the line of the designated sidewalk area. The driveway apron as being integral to the "sidewalk area" is clarified in City municipal code 12.16.010, in both paragraphs 3 and 7 which state: Page 351 of 555 12.16.010 Definitions.qe-9, D A As used in flrrs chapter" unless it is plainly evident frorn the context ttwreof that a diffen€filrneanrirq s inlenrjed, the following teens shall have the nreaning specifrcd after each wurd 1l "CltV.means #Te crty o{ San l_uis Obispc, Gafufornna. 2 "Cutbllne'' means tlre top of the verllcal face of the curb 3. "Drivewaf means afiy appwJach to or from the street over and upon the curb, gutt-er or sideuvalk areal.o permrtvehicular trafiic into the abulting property 4 "Director" means the public works director or his or her aulhorized represenlalive, 5. .Ownef means any person, firm or corporation, or lhe agent or representatle of any person, firm or corporation, in which is vested the tifle to any parcel o{ real praperty posted under the ordinance codifred in this chapter 6 'Repair'means and includes the construclion, reconstruction, reparr, replacement, restoration or improvemenl of any sidewalk area 7. "sidewalk area' means end includes a park or parkirg stnp maintained in the area between the property line and the curbline and also includes a driveway, curbing, bulkhead, retaining wall, sidewalk or other works for the protection of any sidewalk or walkway or any such park or parking strip located in any public street, way or thoroughfare within the city. Q: lhe sidewalk while cracked seems very flot and unlikely to cause any more dangerous conditions than most of the sidewalk in the neighborhood. A: While I have not been on site with a ruler to measure the deviations, the images from the notice ofcorrection show significant structural damage with missing pieces of concrete with past attempts at patching. Staff are generally looking fordeviations of more lhanY+of anO inch in height, or obvious structural issues,-or any conditions that may cause a trip hazard. Judging by the image alone, it appears to show past patching attempts, significant structural damage, and voidareas that create deviations in elevations that could pose a trip hazard. 2 Page 352 of 555 Q'. How does the city fix sidewalks? A: This has two main answers. 1. ln cases where the sidewalk fronts city owned property, or, the sidewalk damage was caused by a city owned street tree. For minor construction, city employees will attempt a temporary grind, patch, ramp of the area. lf additional work is required, city staff will use industry standards to remove and install new right of way appurtenances. For major construction, the city will often work with qualified contractors, in conjunction with engineering inspectors and plan-sets to complete right of way repairs. 2. ln cases where the sidewalk fronts private/commercial property and the sidewalk damage is not caused by a city owned street tree. The city will often attempt minor repairs through grind/patch/ramp approach. The city will also review pending projects to see if any large projects are planned for the area that might affect any noted existing deviation. The final option is to send notice of corrections to alert the property owner of their legal obligation regarding the topic area(s). Q. why does it feet efforts here would be less effective than in other places? A: My apologies. I don't quite understand the question. It apfears the general area was the topic of a citizen's complaint, with a resulting city inspection, and resulting correction notices. Q: Can you provide a copy of the citizens comploint? A: Yes. A redacted version is attached. I hope this answers your questions and provides you with the information sought. lf you have any questions please feel free to contact me. Thank you. 3 Page 353 of 555 Andrew Collins Accessibility and Process lmprovement Manager CTTYOF sml{jfisonrspo Public Works 919 Palm Street. San Luis Obispo, CA 93401 -3218 E acollins@slocity. org T 805.781 7A14 slocity.org(orl(}xm Stay connected with the City by signing up for e-notifications From: lohn Rourke <rourkefam smail.com> Sent: Thursday, March 1,4,2024 8:38 pM To: Anderson, Aaron <aanderso@slocitv.org>; skiphodees@sbcglobal.neU cstrandT6@sbcelobal.net Subject: 368 Chorro St HiAaron, Anne and Chris asked me to reach out regarding the improvements you requested to the property. The section you cited (12.16.020)does not mention driveway replacement, only curb gutterand sidewalk. The streets and highway code you cite only mentions sidewalks. I don't see any authority to require the driveway replacement, can you provide that? The sidewalk while cracked seems very flat and unlikely to cause any more dangerous conditions than most of the sidewalk in the neighborhood. How does the city fix sidewalks? Why does it feelefforts here would be less effective than in other places? Can you provide a copy of the citizens complaint? Tha n ks John 4 Page 354 of 555 B. r Print your name and address on the reverse so that we can return the card to you. r Attach this card to the back of the mailpiece, items 1,2,and 3. or on the front if space 1. Article Addressed to: ChrrsloPYr?r ond rnne'Hocrqp3 &Z C;-re-gtc.\ 6[r ' thnwis hiEpd !,FQ?uot lt]ilr llil llilililllr I I lllll ll ll ll lil ll lil 9590 9402 8995 4122 444374 SENDER: COMPL;'T.E THIS SECTION COMPLETE THIS SECTION ON DELIVERY A. Signature x E Agent C. Date of D. ls delivery address item 1? lf YES, enter delivery address below: E No 3. ServiceType tr tr Adult Slgnature Signature Restrlcted Dellvery Mail@ Certilied Mail Restrlcted Dellv€ry E Collect on Delivery E Collect on Delivery Restricted Delivery rr lnsured Mail E Priority Mail Express@ E Reglstered Mallrt . , E R€gistered Mall Restriqted:Delivery - )..r ' E Signature ConfirmationTtT tl Signature Confirmation 'q' Restricted Delivery2- ArlicleNumber from service label) 7E1q eeg0 Il0Bu lqt 3 ?3?3 ' PS FormI 381 1, .tuty zo20 psN 7s30-02-o0o-e053 Page 355 of 555 lllllilrltiltlffi USPS TRACKING# +ilil r First-Class Mail Postage & Fees Paid USPS Permit No. G-10 c#\ ?.r q5t0 9q0e 8555 ql,ee r{0q3 7q United States PostalSeryice a Please your name,in this boxr City of San Luis ObisPo Public Works z5 Prado Road San Luis Ob \)gngrn oh lJ,,lh,lrllltlll,f ti,ll,hllrLl,f plf f if f ll,llll1lllrlLff rrr Page 356 of 555 From:Collins, Andrew To:rourkefam@gmail.com Subject:FW: 368 Chorro St Date:Tuesday, April 16, 2024 2:53:03 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png image007.png image008.png image009.png Lincoln at Chorro.pdf Greetings Mr. Rourke, I have been asked to provide you with the requested clarifications regarding your 3/14/24 email (below). A question-and-answer format will be used to facilitate a response. Q: The section you cited (12.16.020) does not mention driveway replacement, only curb gutter and sidewalk. A: The referenced municipal code (12.16.020) does not mention driveway replacement, or curb, or gutter. It simply states that the City of SLO has adopted the State’s Streets and Highways Code for maintenance, repair, and collection of costs of such appurtenances. Q: The streets and highway code you cite only mentions sidewalks. I don't see any authority to require the driveway replacement, can you provide that? A: There appears to be a misunderstanding on this topic. Having reviewed the Notice of Correction sent to the property owner dated October 16, 2023, there is no mention of driveway replacement. The Notice of Correction reads; “The sidewalk and driveway apron adjacent to your property at 368 Chorro St. in the City of San Luis Obispo must be repaired. This is the section of sidewalk at 368 Chorro St., and the neighboring driveway apron at 368 Chorro St. is considered a dangerous condition that must be mitigated.” It is the driveway apron as an integral part of the “sidewalk area” that has been found deficient, not the driveway proper behind the line of the designated sidewalk area. The driveway apron as being integral to the “sidewalk area” is clarified in City municipal code 12.16.010, in both paragraphs 3 and 7 which state: Page 357 of 555 Q: The sidewalk while cracked seems very flat and unlikely to cause any more dangerous conditions than most of the sidewalk in the neighborhood. A: While I have not been on site with a ruler to measure the deviations, the images from the notice of correction show significant structural damage with missing pieces of concrete with past attempts at patching. Staff are generally looking for deviations of more than ¾ of and inch in height, or obvious structural issues, or any conditions that may cause a trip hazard. Judging by the image alone, it appears to show past patching attempts, significant structural damage, and void areas that create deviations in elevations that could pose a trip hazard. Page 358 of 555 Q: How does the city fix sidewalks? A: This has two main answers. 1. In cases where the sidewalk fronts city owned property, or, the sidewalk damage was caused by a city owned street tree. For minor construction, city employees will attempt a temporary grind, patch, ramp of the area. If additional work is required, city staff will use industry standards to remove and install new right of way appurtenances. For major construction, the city will often work with qualified contractors, in conjunction with engineering inspectors and plan-sets to complete right of way repairs. 2. In cases where the sidewalk fronts private/commercial property and the sidewalk damage is not caused by a city owned street tree. The city will often attempt minor repairs through grind/patch/ramp approach. The city will also review pending projects to see if any large projects are planned for the area that might affect any noted existing deviation. The final option is to send notice of corrections to alert the property owner of their legal obligation regarding the topic area(s). Q: Why does it feel efforts here would be less effective than in other places? A: My apologies. I don’t quite understand the question. It appears the general area was the topic of a citizen’s complaint, with a resulting city inspection, and resulting correction notices. Q: Can you provide a copy of the citizens complaint? A: Yes. A redacted version is attached. Page 359 of 555 I hope this answers your questions and provides you with the information sought. If you have any questions please feel free to contact me. Thank you. Andrew Collins Accessibility and Process Improvement Manager City of San Luis Obispo Public Works 919 Palm Street, San Luis Obispo, CA 93401-3218 E acollins@slocity.org T 805.781.7014 slocity.org Stay connected with the City by signing up for e-notifications From: John Rourke <rourkefam@gmail.com> Sent: Thursday, March 14, 2024 8:38 PM To: Anderson, Aaron <aanderso@slocity.org>; skiphodges@sbcglobal.net; cstrand76@sbcglobal.net Subject: 368 Chorro St This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Hi Aaron, Anne and Chris asked me to reach out regarding the improvements you requested to the property. The section you cited (12.16.020) does not mention driveway replacement, only curb gutter and sidewalk. The streets and highway code you cite only mentions sidewalks. I don't see any authority to require the driveway replacement, can you provide that? The sidewalk while cracked seems very flat and unlikely to cause any more dangerous conditions than most of the sidewalk in the neighborhood. How does the city fix sidewalks? Why does it feel efforts here would be less effective than in other places? Can you provide a copy of the citizens complaint? Thanks John Page 360 of 555 Public Works Department 919 Palm St.Specification Number:1000199 San Luis Obispo, CA Task Order No: 93401-3218 Contractor Name:R. Burke Corp Contact:Robert Burke Task Order Completion Date:Address:PO Box 3810 Task Order Authorization Amount:51,538$ City, State Zip San Luis Obispo, CA 93401 Phone:805-546-8288 Location 1 *Total *For cost in excess of $60,000 attach City Manager Report approving purchase Contractor Signature Date Extra Work Work Performed -$ -$ -$ Streets and Sidewalk Maintenance JOC - PAYMENT City of San Luis Obispo Task Order Details Vender 160768 -$ Unit Price Work Asphalt Material Work Order No.Nearest Address Description 3195 South Higuera Sidewalk Repair Amount -$ Page 361 of 555 Public Works 919 Palr':r Stiest. San Luis tbispO CA934i)1 1?19 8A5781 7204 $hlcil/ iirq February 1O,2025 MADDALENA ROLAND 1329 Broad Street San Luis ObisPo, CA 93401 subject: second lnformal Notice to Repair sidewalk - 3195 South Higuera, san Luis obispo Dear Property Owner: The sidewalk adjacent to your property located at 3195 South Higuera in the city of san Luis obispo has been identified as a dangerous condition and must be mitigated. The City's Streets Maintenance program has made temporary repairs; however, you as the adjacent property owner are responsible forthe permanent repairs in compliance with the City's Engineering Standards' The city of san Luis obispo's Municipal code identifies the improvements between the street line and property line as being the maintenance responsibility of the adjacent property owner' r san Luis obispo Municipal code 12.16.020 - Property owner's Responsibility The maintenonce, repoir ond collection of the cost of repair sholt be governed by the procedure set forth in Division 7, Part 3, Chopter 22 of the Streets and Highwoys Code of the stote' (Prior code I 7330.1) public works Department staff sent you several notices on IO/6/2021" 3/712022' 212L/2023' and 7 /I5/2l24,with the request to complete the necessary work within 120 days to the satisfaction of the city. Your Attorney has also been in contact with staff to acknowledge the notices and requirement but has not submitted the necessary documents as he verbally committed to' After a review of the file and inspection of the property, staff has noted the conditions have not been corrected. you shall obtain an Encroachment Permit no later than 4lLl2O25 and complete the repairs within 30 days of this of the permit issuance' Failure to comply with the above-stated dates will result in the city issuing a formal Notice to correct and the work being completed by the city's contractor. lt should be noted, if the work is completed by a city contractor, the work is subject to prevailing wage requirements' A hearing has been added to the 5l2O/2O25 City Council agenda to seek approvalfor the necessary work and to pursue reimbursement through a special assessment and lien, should the work not be completed by the above stated date. Please feel free to contact me with any questions at nstephenson@slocity'org' Page 362 of 555 Since re ly, Nehimiah Stephenson Maintenance SuPerintendent Public Works DePartment Attachments. previous Correspondences, Photos, Sidewalk Brochure, Applicable Streets and Highways Code Page 363 of 555 Areas of'less severe datnage are cornpleted as the next priority" working around the Ciity in a systernatic f ashiorr in advatrce of the paving prograrn. 'l'hat can nrean the sidewalk will not be replaced fbr several years. Damage other than that caused by street trees treeds tcl be completed by the property owner. Related to sidewalk repair is clearance and visibilitv. When is maintenance required? . Visibility When parkway strip shrubbery interlbres with the ability of a driver to see pedestrians or approaching traffic, either tionr a drivcway or an intersection, trirnrning ol'shrubs rnust be cornpleted by the property owne r. Shrubs nrust be trimrned to a rlaximurrr height of 36", fbr a rrrinintunr distarrce cll' 30' fiorn an intersection. (Municipal Cocle 10.60 and 11.16.020) . Walkway and Gutter Clearance - 'Irimrning of'grouncl cover or slrrubs is required when the plants extend onto or over the sidewalk, gutter, or street. . Parkway Strip Condition - All tree stLrmps, large rocks. trash and holes rnust be removed by the propefty owner. 'Ihe parkway strip niust ire level arrd holes must be fllled and levelecl with dirt or otlrer nraterial. When is a permit required for landscape maintenance work? l1'the sidewalk or the street mLlst be clttsed for the work, a permit is required fiorn Public Works. Call (805)781-701 5 lor additional infbrmation. If a tree is to be removed. a tree rernoval permit tnust be obtained Applications firr tree renroval are available on the City's web site on the Public Works page www.slocitv.org or call 78 l -1220 lbr additiorral infbrrrration. (, fJ r-lNu-l - -E'/ c.an 6OA ^-N\)P=o-o _ 'd *=. o@ rO. P; \o tlu)oA CrrvoF sflnl,(IlsonrsPo Sidewalk & Parkway Strip Maintenance Properly Owner Responsibilities Department of Public Works 805-78l-1220 805-781-7015 Page 364 of 555 I'he City rcceivcs rnany requests fiorn citiz.ens to rlake repairs to sidewalks. Th is broclrure provides general informatior.r to the public on this sLrblect. What is the sidewalk, parkway, and curh and gutter? I lre sidewalk, parkway strip, and curb & gr-rtter are typically rrrade ot'concrete arrd located next to the street on the frorrt andlor side portion of your property. 'l'he curb and gutter are located at the edge of the street pavement. The sidewalk is cither separated frorn the curb by a parkway strip. or is located adjacerrt to the curb. Parkways are sornetir.nes planted or filled in with brick or other rnaterials. Who is responsible for maintenance?'l'he property owner is responsible for properly nraintaining this area (see San l,uis Obispo MLrn icipal Code Section I 2. I 6.020 and Streets and Ilighway C'ode Division 7. Part 3, Chapter 22). I-his responsibility inclr-rdes tnaintenance ol' ciairiaged or displaced concrete and abaternent ot- weeds or debris. While the City rnay be liable ftrr injLrrics to pedestrians that are deterrnined to have resulted fiom a dangerous condition of a public sidewalk, propefty owners should be awale thal they r.nay also be fbund liable if it is cicternrined that their negligerrce caused sonteone to be harmcd. When should property owners consider doing sidewalk replacement? l{eplaccnrent ol' the sidewalk. curb and gr-rtter concrele slrould be considered when one or lrlore o1' the firl lowiltg exists : . When there is a vertical ditl'erence in heiglrt between sectiorrs of the sidewalk or corrcrete parkway strip o{'3l4" or rlore. r I1'the concrete has broken apar1. r In any instance where t.he clwner has reason to know that the condition presents a clarrger to users. or the owner has observed someone trip becaLrse of'darnagc to the surface. ln addition to darrraged sections of sidewalk, curb and gutter replacernent is typically requiled wherr sidewalks and driveways are replaced, unless the sidewalk is separated fiom the curb by a parkway. Palchirrg should be cornpleted when horizontal openings grcatcr than l/2" exist. What are the options available lbr completing the work?'l'he City recclrnrnerrds construction of' cLrrbs, gLrtters, and sidewalks in City streets be perfbrrled by a properly licensed and insr.rred contractor. A perrnit is recluired tirr concrete repair. Call (80-5)781-7015 for permit req u irenrents. Are there inspections and standards for concrete repair work? Yes, all work and materials mLlsl be irr confirrrnance with the Ciity of'San l.uis Obispo I;ngirreering Stanclards for Public Wori<s Construction. Before placing arry concrete. you musl have any tree root renroval approvecl. and the saw cLlt, lbrrns, and base inspected. A fier approval. a City-approved concrete rnix rrrust be used. l'he surface flrrish rnust bc a light broonr flnish with score rrarks. After the work is corlpleted, yoLr must cali ftrr a linal inspection. A perrnit is recluired tilr all concrete work in the public right-of-way. Engineering Standards lor construction are available on the City's web site on the PLrblic Wclrks page www.slocity.org. For inforrlation orr obtaining a perrlit call (805)78 l- 701-5. ls the property owner responsible for repairs if the concrefe damage is caused by a tree? 'l'he City elrcoLrrages street trees in fiont ol' residences. (MLrnicipal C'ode lr2.24 010) 'l'he property owner is responsible fbr the lrairrtenarrce of the street tree but the City will repair the sidewalk when the concrete has been damaged by a street tree, as funding is available. ancl tinred with the area rotatiorr program. Concrete darnaged by trees other than streel trees is the responsibility of the propefty owner. Maintenance, trirrrrning and replacernent of' street trees anci slrrLrbs is governed by Chapter 12.24.110, 12.24.120 and 12.24150 ot' the Municipal Code. What measures should be taken to minimize concrete displacement by tree roots? Clerlain species ol- trees rnay raise concrete i1' preventative rnaintenance is not perforrned. 'fo reduce the chance ol' firtr-rre concrete displar:errerrt, trees can be root-prLrned. (-are must be taken when root pruninB to avoicl danraging underground utilities ur clestabilizing or harnrirrg the tree. 'l'his work mr"rst be corlpletecl by a licensed arborist. Also. deep- watering tlre tree, that is, applying a slow trickle of watcr over a 24-hour period, encourages deeper root grclwth which reduces the clrance o1' sidewalk danrage. lf a protrlem is reported ," 11rs City, how long does it take for a repair? When a report is nrade to the City, it is errtereci in to the work order program. Sub.ject to the availability o1' resources and personncl. the City will attenrpt to review the site within a week of. entry o1'the work order. If a terlporary repair. suclr as grinding or ranrping the area can be rnade, the City will generally attentpt to cornplete that work witlrin two weeks. Severe danrage caused by a streel trce, which cannot bc rcpaircd aclcqLrately. will be leconstructed as soolt as resources ancl available persorrnel allow. Page 365 of 555 Public Works 919 Pahr Skeel. San Lurs Ollispo. CA 33401 3218 805 781 7200 slociry orq October 6,202L Maddalena Roland C Exemption Trust L329 Broad St, San Luis Obispo CA 93401 Subject: lnformal Notice to Repair Sidewalk - 3195 S Higuera Dear Property Owner: The sidewalk adjacent to your property located at 3195 S Higuera in the City of San Luis Obispo must be repaired. This sidewalk is considered a dangerous condition and must be mitigated. The City's Streets Maintenance Program has made temporary repairs, and the City is requiring you to complete the permanent repairs. The City of San Luis Obispo's Municipal Code identifies the curb, gutter and sidewalk adjacent to your property as being the maintenance responsibility of the property owner, in this case, Maddalena Roland C Exemption Trust. L2.L6.020 Property owner's responsibility - City Municipol Code Page 366 of 555 The maintenqnce, repair and collection of the cost of repair shall be governed by the procedure set forth in Division 7, Part 3, Chopter 22 of the Streets and Highwoys Code of the state. (Prior code 5 7330.L) The appropriate sections of the Streets and Highway Code are included as an attachment to this letter. Below are some incremental timeframes to complete the work. Within 30 calendars days of this letter, you must acknowledge receipt of this letter or by emailing jkline@slocity.org Within 60 calendar days of this letter, you must submit to the City the necessary repair plans for issuance of encroachment permit. Within 90 calendar days of this letter, you must obtain an encroachment permit from the City to complete the necessary repair work. Within 120 calendar days of this letter you must complete the necessary repair work to the satisfaction of the City. This repair work can be costly, if you prefer to propose alternate timeframes for consideration please submit those in writing to me within 30 calendar days of this letter. Failure to comply with this request, could lead to formal Notices to Correct being issued with accelerated repair timeframes as required by the Streets and Highways Code. Sincerely, Jeff Kline Streets Maintena nce Supervisor Attachments: 1. Attachment 1 - Streets and Highway Code - Division 7, ParI3, Chapter 22, Arlicle 2 2. Sidewalk & Parkway Strip Maintenance, Property Owner Responsibilities. a a a a Page 367 of 555 STREETS AND HIGHWAYS CODE. SHC DIVISION 7. THE IMPROVEMENT ACT OF 1911 PART 3. PERFORMING THE WORK CHAPTER 22. Maintenance of Sidewalks ARTICLE 2. Repairs 5610. The owners of lots or portions of lots fronting on anv portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain anv sidewalk in such condition that the sidewalk will not endanger persons or propertv and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. 5611. When anv portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or propertv or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notifv the owner or person in possession of the propertv fronting on that portion of such sidewalk so out of repair, to repair the sidewalk. 5612. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. 5613. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. ln lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "Second Notice," to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article but shall not extend the time for commencing repairs specified in Section 5614. 5614. The notice shall particularlv specifv what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specifv that if the repair is not commenced within two weeks after notice is siven and dilieentlv and without interruotion prosecuted to completion. the superintendent of streets shall make such repair. and the cost of the same shall be a lien on the propertv. 56L4.t. The legislative body may adopt a resolution determining that bonds shall be issued, and assessments collected and enforced pursuant to Part 5 of this division. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. Page 368 of 555 5515. lf the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held, and assessment and collection procedures are conducted. 5516. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. lf bonds are to be issued, the notice shall also contain the information required by Section 561.4.1.. 5617. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be Ievied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. 5518. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. Page 369 of 555 Public Works 919 Palm Stre€|, SaO Lurs Obisp0. CA 93401-3218 805 781.7200 slocity org March 7,2022 Maddalena Roland C Exemption Trust 1329 Broad St, San Luis Obispo CA 93401 Subject: Notice to Correct Sidewalk adjacent to 3195 South Higuera Dear Property Owner: On October 6,2021, the City sent you an lnformal Notice to Repair the Sidewalk adjacent to your property at 3195 South Higuera, please see the enclosed letter for reference. As of the date of this letter, the City has not received the requested repair plan which is necessary to issue an encroachment permit. The City of San Luis Obispo's Municipal Code identifies the curb, gutter and sidewalk adjacent to your property as being the maintenance responsibility of the property owner, in this case, Maddalena Roland C Exemption Trust. 12.16.020 Property owner's responsibility - City Municipal Code The maintenance, repair and collection of the cost of repair shall be governed by the procedure set forth in Division 7, Part 3, Chapter 22 of fhe Sfreefs and Highways Code of the state. (Prior code $ 7330.1) This sidewalk is considered a dangerous condition and must be mitigated. Please submit the necessary documents to the Public Works Department no later than April 8,2022, to obtain an Encroachment Permit for the required repairs. Failure to comply with this request, could lead to the City facilitating the repairs through its Job Order Contract (JOC) and invoicing the property owner for the cost of the repairs. Failure to pay for the repair cost would result in a lien being assessed to the property in accordance with the Streets and Highways Code. lf the City completes the repairs through the JOC, it shall be noted the total cost of the repairs will include prevailing wage requirements set forth by the Department of lndustrial Relations. I look fonruard to working with you to resolve this dangerous condition. lf you have any questions, please feel free to contact me at jkline@slocity.org. Page 370 of 555 Sincerely, Jeff Kline Streets Maintenance Supervisor Cc: Public Works Administration City Attorney's Office Attachments: 1 2 3 4 Previous Correspondences (October 6, 2Q21) Sidewalk Photos Attachment 1 - Streets and Highway Code - Division 7, Pari 3, Chapter 22 sidewalk & Parkway strip Maintenance, Property owner Responsibilities. Page 371 of 555 3195 South Higuera - Sidewalk photos Page 372 of 555 STREETS AND HIGHWAYS CODE . SHC DIVISION 7. THE IMPROVEMENT ACT OF 1911 PART 3. PERFORMING THE WORK CHAPTER 22. Maintenance of Sidewalks ARTICLE 2. Repairs 5610. The owners of lots or portions of lots fronting on anv portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain anv sidewalk in that the sid lk wi and maintain it in n rerh inh will not inte h f ha nr rhlin nnnrranio^-o in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. 5611. When anv portion of the sidewalk is out of ir or pendins reconstruction and in condition to endaneer oersons or rooertv or in co ndition to interfere with the ouh c convenience in the use of such sidewalk. the srr rintendent of streets shall notifv the owner or n in oossession of the nrnnortv frnntinc nn lhr* nnrfin n of such tk cn nr rt nf ronrir tn ranair tho cie{a.^rrll, 5612. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. 5613. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. ln lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "Second Notice," to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article but shall not extend the time for commencing repairs specified in Section 5614. 5614. The notice shall particularlv specifv what work is required to be done, and how it is to be done, and what materials shall be used in the reoair and shall further specifv that if the repair is not commenced within two weeks after notice is siven and dilisentlv and without interruotion nrncoar rlael fn an m h letio n the CI NA n nionrlanf nf ciraatc chrll mrlu a c, teh arr and theren rncf nf fha Same shall be a lien on the propertv 5614.1. The legislative body may adopt a resolution determining that bonds shall be issued, and assessments collected and enforced pursuant to Part 5 of this division. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed sixyears, and shallfurther recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. Page 373 of 555 5515. lf the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held, and assessment and collection procedures are conducted. 5616. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. lf bonds are to be issued, the notice shall also contain the information required by Section 5614.1,. 5617. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. 5618. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. Page 374 of 555 STREETS AND HIGHWAYS CODE - SHC DtvtstoN 7. THE |MzRoVEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch.79. ) PART 3. PERFORMTNG THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) CHAPTER 22. Maintenance of Sidewalks [5G00 - S6J0] ( Chapter 22 added by Stats.1941, Ch.79. ) ARTICLE 3. Gollection of Cost of Repair [5625 - 5630] ( Article 3 added by Stats. 1941, Ch.79. ) s625. The cost of the repair may be assessed by the legislative body against the parcel of property fronting upon the sidewalk upon which such repair was made, and such cost so assessed, if not paid within five days after its confirmation by the legislative body, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. (Added by Stats. 1941, Ch. 79.) s626. The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form: NOTICE OF LIEN Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the day of _, 19_, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls, or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the legislative body of said city (county, or city and county) did, on the _ day of -t 19-, by Resolution No. - assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of _ dollars ($_), and the same shall be a lien upon said real property until the said sum, with interest at the rate of _percent per annum, from the said day of _, 19_ (insert date of confirmation of assessment), has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the county of _, state of _, and particularly described as follows: Descri Dated this _ day of _r 19_ ion of e Page 375 of 555 Superintendent of Streets (Amended by Stats. L986, Ch. 507, Sec. 1..) s627 From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien, If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under this division. (Added by stats. 1941, ch. 79.) 562B. As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, ffiEY order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If city taxes are collected by the county officials, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization. (Added by Stats. 1941, Ch. 79.) 5628.L The legislative body shall have the power, in its discretion, to determine that the payment of assessments of one hundred dollars ($100) or more may be made in annual installments, not to exceed five, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body, not to exceed the rate permitted for bonds by Section 53531 of the Government Code. Interest shall begin to run on the 31st day afterthe confirmation of the assessments by the legislative body, Determinations of the legislative body shall be expressed by resolution at any time prior to the confirmation of the assessments. (Amended by Stats. 1986, Ch. 507, Sec. 2.) Page 376 of 555 5629. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment taxes. (Added by Stats. 1941, Ch. 79.) 5629.L. If bonds are to be issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body the superintendent of streets shall give notice to pay by mail and by publication substantially in the manner provided by Sections 4320 and 4321 of this code. The period for payment in cash stated therein shall be 30 days following the date of confirmation of the report. Upon completion of the cash payment period, the superintendent of streets shall file with the county recorder a certificate substantially in the form set out in Section 5626, giving notice therein that interest is payable at a rate to be fixed upon the sale of bonds, which rate shall not exceed the rate permitted for bonds by Section 53531 of the Government Code, and shall begin to run on the 31st day afterthe confirmation of the report. Thereafter the provisions of Part 5 (commencing with Section 6400) shall be applicable and payments on assessments at bond shall be made as therein provided. The bonds may be issued and sold as the legislative body directs and may be dated at any time after the expiration of the cash payment period, (Amended by Stats. 1986, Ch. 507, Sec. 3.) 5630 Whenever the property fronting on a sidewalk required to be maintained and repaired pursuant to the provisions of this chapter lies within one city or unincorporated territory of a county, and the sidewalk required to be so maintained and repaired lies within another city or unincorporated territory of a county, the superintendent of streets of the city or county having jurisdiction over the sidewalk shall have full authority to serve notices to repair and do all work contemplated by Articles 2 and 3 of this chapter, notwithstanding the fact that the property fronting on the sidewalk lies within another city or unincorporated territory of a county. The legislative body of the city or county within which the sidewalk has been repaired pursuant to the provisions of this chapter shall have jurisdiction to levy an assessment to pay the cost of any such sidewalk repairs against the parcel of property fronting on said sidewalk, notwithstanding the fact that said property lies within another city or unincorporated territory of a county and said assessment shall be a lien on said property for the amount thereof until the assessment and all interest thereon is paid or until it is discharged of record. Page 377 of 555 The provisions of Sections 5628 and 5629 of this code shall be applicable to the collection and enforcement of all liens levied pursuant to the provisions of this section and the amount so collected shall be paid to the treasurer of the city or county as the case may be which conducted the proceedings. (Added by Stats. L945, Ch. 541.) Page 378 of 555 Page 379 of 555 Public Works 919 Palm Street, San luis 0bispo. CA 93401'3218 805 781 7200 slocity org February 21,2023 Maddalena Roland C Exemption Trust 1329 Broad St, San Luis Obispo CA 93401 Subject: Third Notice to Correct Sidewalk adjacent to 3195 South Higuera Dear Property Owner: On October 6,2021, the City sent an lnformal Notice to Repair the Sidewalk adjacent to your property at 3195 South Higuera. A second notice of correction was sent on March 7th Please see the enclosed letter for reference. As of the date of this current letter, the City has not received the requested repair plan which is necessary to issue an encroachment permit. As detailed in previous communications, to mitigate the identified hazard the City will begin the process of repairing the surface structures under the job order contract program. The cost of which will be prevailing wage and all materials to repair the surface structures. ln the eventuality that the total cost of repair to the detailed surface structures is not reimbursed to the city by the property owner, city staff will proceed to City Council in September of 2022 for the purpose of filing a lien against the property as detailed in streets and highway code, division 7, chapter 22, sections 5510 - 5618 as detailed in full in the following sections of this letter. The City of San Luis Obispo's Municipal Code identifies the curb, gutter and sidewalk adjacent to your property as being the maintenance responsibility of the property owner, in this case, Maddalena Roland C Exemption Trust. 12.16.020 Property owner's responsibility - City Municipal Code The maintenance, repair and collection of the cost of repair shall be governed by the procedure set forth in Division 7, Part 3, Chapter 22 of fhe Sfreefs and Highways Code of the state. (Prior code $ 7330.1) This sidewalk is considered a dangerous condition and must be mitigated. Please submit the necessary documents to the Public Works Department no later than April 8,2022, to obtain an Encroachment Permit for the required repairs. Failure to comply with this request, could lead to the City facilitating the repairs through its Job Order Contract (JOC) and invoicing the property owner for the cost of the repairs. Failure to pay for the repair cost would result in a lien being assessed to the property in accordance with the Streets and Highways Code. lf the City completes the repairs through the JOC, it shall be noted the total cost of the repairs will include prevailing wage requirements set forth by the Department of lndustrial Relations. Page 380 of 555 I look fonruard to working with you to resolve this dangerous condition. lf you have any questions, please feel free to contact me at jkline@slocity.org. Sincerely, Jeff Kline Streets Maintenance Supervisor Cc: Public Works Administration City Attorney's Office Attachments: 1 . Previous Correspondences (October 6,2021)2. Sidewalk Photos 3. Attachment 1 - streets and Highway code - Division 7, part3, chapter 224. Sidewalk & Parkway Strip Maintenance, Property Owner Responsibilities. 3L95 South Higuera - Sidewalk photos Page 381 of 555 STREETS AND HIGHWAYS CODE - SHC DIVISION 7. THE IMPROVEMENT ACT OF 1911 PART 3. PERFORMING THE WORK CHAPTER 22. Maintenance of Sidewalks ARTICLE 2. Repairs 5510. The owners of lots oortions of lots frontins on anv n of a oublic street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip,shall maintain anv sidewalk in such condition that the lk will not endanser oersons or orooertv and maintain it in a condition which will not interfere h the oublic convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. 5611. When anv portion of the sidewalk is out of repair or pending reconstruction and in condition ns or ro the ublic of such sidewalk, the superintendent of streets shall notifv the owner or person in possession of the propertv fronting on that portion of such sidewalk so out of repair. to repair the sidewalk. 5512. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. 5613. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. ln lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "second Notice," to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article but shall not extend the time for commencing repairs specified in Section 5614. 56t4.ice shall rtic red to be don and what materials shall be used in the repair and shall further specifv that if the repair is not tn weeks after and witho w n su ntendent tr and the same shall be a lien on the propertv. 5614.1. The legislative body may adopt a resolution determining that bonds shall be issued, and assessments collected and enforced pursuant to Part 5 of this division. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. Page 382 of 555 5615. lf the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held, and assessment and collection procedures are conducted. 5615. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. lf bonds are to be issued, the notice shall also contain the information required by Section 5614.1. 5517. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. 5518. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. Page 383 of 555 STREETS AND HIGHWAYS CODE . SHC DtvtstoN 7. THE TMPROVEMENT ACT OF 1911 [5000 - 67941 ( Division 7 added by Stats. 1941, Ch. 79. ) PART 3. PERFORMTNG THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) CHAPTER 22. Maintenance of Sidewalks [5600 - 5630] ( Chapter 22 added by Stats. 1-941, Ch. 79. ) ARTICLE 3. Gollection of Cost of Repair [5625 - 5630] ( Article 3 added by Stats. 1941, Ch. 79. ) s62S The cost of the repair may be assessed by the legislative body against the parcel of property fronting upon the sidewalk upon which such repair was made, and such cost so assessed, if not paid within five days after its confirmation by the legislative body, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record, (Added by stats. 1941, ch. 79.) s626. The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form: NOTICE OF LIEN Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the day of -r 20-, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls, or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the legislative body of said city (county, or city and county) did, on the - day of _r 2O_, by Resolution No. _ assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of - dollars ($-), and the same shall be a lien upon said real property until the said sum, with interest at the rate of -percent per annum, from the said day of -t 20- (insert date of confirmation of assessment), has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the county of _, State of -, and particularly described as follows: Descri Dated this _ day of -, 2O-. ion of ro Page 384 of 555 Su perintendent of Streets (Amended by Stats. 1986, Ch. 507, Sec. 1.) 5627 From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under this division. (Added by stats. 1941, Ch. 79.) s628. As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, ffidy order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If city taxes are collected by the county officials, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization. (Added by Stats. 1941, Ch. 79.) 5628.1. The legislative body shall have the power, in its discretion, to determine that the payment of assessments of one hundred dollars ($100) or more may be made in annual installments, not to exceed five, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body, not to exceed the rate permitted for bonds by Section 53531 of the Government Code. Interest shall begin to run on the 31st day afterthe confirmation of the assessments by the legislative body. Determinations of the legislative body shall be expressed by resolution at any time prior to the confirmation of the assessments. (Amended by Stats. 1986, Ch. 507, Sec. 2.) Page 385 of 555 5629. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment taxes. (Added by Stats. 194L, Ch. 79.) 5629.L. If bonds are to be issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body the superintendent of streets shall give notice to pay by mail and by publication substantially in the manner provided by Sections 4320 and 432L of this code. The period for payment in cash stated therein shall be 30 days following the date of confirmation of the report. Upon completion of the cash payment period, the superintendent of streets shall file with the county recorder a certificate substantially in the form set out in Section 5626, giving notice therein that interest is payable at a rate to be fixed upon the sale of bonds, which rate shall not exceed the rate permitted for bonds by Section 53531 of the Government Code, and shall begin to run on the 31st day afterthe confirmation of the report. Thereafter the provisions of Part 5 (commencing with Section 6400) shall be applicable and payments on assessments at bond shall be made as therein provided. The bonds may be issued and sold as the legislative body directs and may be dated at any time after the expiration of the cash payment period. (Amended by Stats. 1986, Ch. 507, Sec. 3.) 5630. Whenever the property fronting on a sidewalk required to be maintained and repaired pursuant to the provisions of this chapter lies within one city or unincorporated territory of a county, and the sidewalk required to be so maintained and repaired lies within another city or unincorporated territory of a county, the superintendent of streets of the city or county having jurisdiction over the sidewalk shall have full authority to serve notices to repair and do all work contemplated by Articles 2 and 3 of this chapter, notwithstanding the fact that the property fronting on the sidewalk lies within another city or unincorporated territory of a county, The legislative body of the city or county within which the sidewalk has been repaired pursuant to the provisions of this chapter shall have jurisdiction to levy an assessment to pay the cost of any such sidewalk repairs against the parcel of property fronting on said sidewalk, notwithstanding the fact that said property lies within another city or unincorporated territory of a county and said assessment shall be a lien on said property for the amount thereof until the assessment and all interest thereon is paid or until it is discharged of record. Page 386 of 555 The provisions of Sections 5628 and 5629 of this code shall be applicable to the collection and enforcement of all liens levied pursuant to the provisions of this section and the amount so collected shall be paid to the treasurer of the city or county as the case may be which conducted the proceedings. (Added by stats. 1945, Ch. 54L.) Page 387 of 555 Public Works 919 P3lr!1 Slreel. San Luls Obispo. CA 93401 -321 8 805 781./200 slocity org July 15,2024 Maddalena Roland C Exemption Trust 1329 Broad St, San Luis Obispo CA 93401 Subject: Notice to Correct Sidewalk adjacent to 3195 South Higuera Dear Property Owner: ln October of 2Q21, the City sent you a Notice to Correct the sidewalk adjacent to your property'at 3195 South Higuera that has been damaged by trees located on your property. An additional notice was in March of 2022, and you and/or your representative met onsite with City staff to discuss the need to repair the sidewalk to City Standards. As of the dates of this letter, the needed repairs have not been made. This letter is the third attempt to resolve this matter voluntary. lf you fail to complete the repairs voluntarily, the City will facilitate the necessary work through its Job Order Contract (JOC) and invoice you for the cost of the repairs. Please know completing the work will lead to increased project cost due to prevailing wage requirements set forth by the Department of lndustrial Relations. An item has been added to October 1, 2024 City Council Agenda to seek authorization for the City to complete the repairs and seek reimbursement. Routing for CouncilAgenda Reports starts 30 days before the Council meeting. The Gity of San Luis Obispo's Municipal Code identifies the curb, gutter and sidewalk adjacent to your property as being the maintenance responsibility of the property owner, in this case, Maddalena Roland C Exemption Trust. o 12.16.020 Property owner's responsibility - City Municipal Code The maintenance, repair and collection of the cosf of repair shall be governed by the procedure set fotth in Division 7, Part 3, Chapter 22 of the Sfreefs and Highways Code of the state. (Prior code S 7330.1) You must submit a complete Encroachment Permit application for the required repairs to the Public Works Department (919 Palm Street) no later than September 1, 2024. Failure to meet this deadline will result in proceeding with City Council approval to complete the repairs. Page 388 of 555 I look fonryard to working with you to resolve this. lf you have any questions, please feel free to contact me at gcruce@slocity.org. Sincerely, Greg Cruce Deputy Director - Maintenance Operations Cc: Public Works Administration Streets Maintenance Address File City Attorney's Office Attachments 1. Previous Correspondences (October 6,2021)2. Sidewalk Photos 3. Attachment 1 - Streets and Highway code - Division 7, part 3, chapter 224. Sidewalk & Parkway Strip Maintenance, Property Owner Responsibilities. Page 389 of 555 3195 South Higuera - Sidewalk photos Page 390 of 555 STREETS AND HIGHWAYS CODE - SHC DIVISION 7. THE IMPROVEMENT ACT OF 1911 PART 3. PERFORMING THE WORK CHAPTER 22. Maintenance of Sidewalks ARTICLE 2. Repairs 5610. The owners of lots or portions of lots fronting on anv portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain anv sidewalk in such condition t at the sidewalk will not endanse r persons or orooertv and ma intain it in a condition which will n interfere with the oublic convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. 5511. When anv oortion of sidewalk is out of reoair or oendine reco ction and in condition to endanser oersons or rtv or in condition to interfere with the oub c convenience in the use of such sidewalk. the su rintendent of streets shall notifu the owner or in oossession of the rtr fronti n nnrtinn nf cr rnh cida.^r-lk so out of+tr tn ranrir tha cidar^rrll, 5612. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. 5613. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. ln lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "Second Notice," to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article but shall not extend the time for commencing repairs specified in Section 5614. 56t4.Tha nnf ice shall 2 hr c narifrr rrrh ri rrrn rlz i uired to nd hnrrr if ic fn lra dns ne and what materials shall be used in the repair and shall further soecifv that if the reoair is not commenced within two weeks after notice is siven and dilisentlv a nd without interruotion rosecute ndent of d the cost same shall be a lie n on the orooertv. 5614.1. The legislative body may adopt a resolution determining that bonds shall be issued, and assessments collected and enforced pursuant to Part 5 of this division. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. Page 391 of 555 5515. lf the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated bythe owner. The superintendent shall have powerto prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held, and assessment and collection procedures are conducted. 5615. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. lf bonds are to be issued, the notice shall also contain the information required by Section 56t4.L 5617. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. 5518. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. Page 392 of 555 STREETS AND HIGHWAYS CODE . SHC DtvtstoN 7. THE tMpRovEMENT ACT OF 1911 [5000 - 6794] ( Division 7 added by Stats. 1941, Ch. 79. ) PART 3. PERFORMTNG THE WORK [5100 - 5954] ( Part 3 added by Stats. 1941, Ch. 79. ) CHAPTER 22. Maintenance of Sidewalks [5600 - SOJ|I ( Chapter 22 added by Stats. 1941, Ch. 79. ) ARTICLE 3. Collection of Cost of Repair [5625 - 5630] ( Article 3 added by Stats. L941, Ch. 79. ) s62S The cost of the repair may be assessed by the legislative body against the parcel of property fronting upon the sidewalk upon which such repair was made, and such cost so assessed, if not paid within five days after its confirmation by the legislative body, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. (Added by Stats. 1941, Ch. 79.) 5626 The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form: NOTICE OF LIEN Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the day of _t 19_, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls, or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the legislative body of said city (county, or city and county) did, on the day of -t 19-, by Resolution No. - assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of _ dollars ($_), and the same shall be a lien upon said real property until the said sum, with interest at the rate of _ percent per annum, from the said day of _, 19_ (insert date of confirmation of assessment), has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the county of _, State of _, and particularly described as follows: Descri tion of Dated this _ day of _t 19_. ro Page 393 of 555 Superintendent of Streets (Amended by Stats. 1986, Ch. 507, Sec. 1.) s627. From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof, The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under this division. (Added by Stats. 1941, Ch. 79.) 5628. As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, ffidY order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If city taxes are collected by the county officials, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization, fAdded by stats. 1941, ch. 79.) s628.1. The legislative body shall have the power, in its discretion, to determine that the payment of assessments of one hundred dollars ($100) or more may be made in annual installments, not to exceed five, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body, not to exceed the rate permitted for bonds by Section 53531 of the Government Code. Interest shall begin to run on the 31st day afterthe confirmation of the assessments by the legislative body, Determinations of the legislative body shall be expressed by resolution at any time prior to the confirmation of the assessments. (Amended by Stats. 1986, Ch. 507, Sec. 2.) Page 394 of 555 5629 Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes, All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment taxes. (Added by Stats. 1941, Ch. 79.) 5629.1. If bonds are to be issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body the superintendent of streets shall give notice to pay by mail and by publication substantially in the manner provided by Sections 4320 and 432L of this code. The period for payment in cash stated therein shall be 30 days following the date of confirmation of the report. Upon completion of the cash payment period, the superintendent of streets shall file with the county recorder a certificate substantially in the form set out in Section 5626, giving notice therein that interest is payable at a rate to be fixed upon the sale of bonds, which rate shall not exceed the rate permitted for bonds by Section 53531 of the Government Code, and shall begin to run on the 31st day afterthe confirmation of the report. Thereafter the provisions of Part 5 (commencing with Section 6400) shall be applicable and payments on assessments at bond shall be made as therein provided. The bonds may be issued and sold as the legislative body directs and may be dated at any time after the expiration of the cash payment period. (Amended by Stats. 1986, Ch. 507, Sec. 3.) 5630. Whenever the property fronting on a sidewalk required to be maintained and repaired pursuant to the provisions of this chapter lies within one city or unincorporated territory of a county, and the sidewalk required to be so maintained and repaired lies within another city or unincorporated territory of a county, the superintendent of streets of the city or county having jurisdiction over the sidewalk shall have full authority to serve notices to repair and do all work contemplated by Articles 2 and 3 of this chapter, notwithstanding the fact that the property fronting on the sidewalk lies within another city or unincorporated territory of a county. The legislative body of the city or county within which the sidewalk has been repaired pursuant to the provisions of this chapter shall have jurisdiction to levy an assessment to pay the cost of any such sidewalk repairs against the parcel of property fronting on said sidewalk, notwithstanding the fact that said property lies within another city or unincorporated territory of a county and said assessment shall be a lien on said property for the amount thereof until the assessment and all interest thereon is paid or until it is discharged of record. Page 395 of 555 The provisions of Sections 5628 and 5629 of this code shall be applicable to the collection and enforcement of all liens levied pursuant to the provisions of this section and the amount so collected shall be paid to the treasurer of the city or county as the case may be which conducted the proceedings. (Added by Stats. 1945, Ch. 541.) Page 396 of 555 Page 397 of 555 From: Sent: To: Cc: Subject: Cruce, Greg Monday, December 2,2024'10:21 AM ptschubert@aol.com; pterryschu bert@ gmail.com Stephenson, Nemo; Gault, Walter RE: 3195 South Higuera Good morning, Terry, I received your voicemail indicating your client was working on the tree removal application. I checked with the City Arborist anO verified it has not been submitted yet. Please update with this timeline and the encroachment permit timeline. Thank you, Greg Cruce Deputy Director - Maintenance Operations Public Works Department 805.781 .7264 ocruce@slocitv.orq From: Cruce, Greg Sent: Wednesday, November 13,202412:58 PM To: ptsch ubert@aol.com; pterryschubert@gma il.com Cc: Stephenson, Nemo <nstephenson@slocity'org> Subject: RE: 3195 South Higuera Terry, Can you please update me on the status. lf I don't hear back from you by 1112212024,1'll be posting the prop"rty and putting back on the Council schedule for repairs to be made by the City, per the Streets and Highways Code. Thanks, Greg Cruce Deputy Director - Maintenance Operations Public Works Department 805.781 7264 qcruce@slocitv.org From: Cruce, Greg Sent: Tuesday, October 29,2024 9:23 AM To : ptsch u bert@ ao l.com; pte rrvsch u be rt@ gm a i l.co m Subject: RE: 3195 South Higuera Good morning, Terry, I wanted to check on the status of the encroachment permit. Please update me on the timeline 1 Page 398 of 555 Thanks, Greg Cruce Deputy Director - Maintenance Operations Public Works Deparlment 805 781 7264 ocruce@slocitv.orq F ro m : ptschubert@aol.com < ptschubert@aol-com> Sent: Monday, September 30,2024 9:59 AM To : pterryschubert@gmail.com ; C ru ce, G re g <ggrucg@slqciU.otg> Subject: Re: 3195 South Higuera Greg, Received, hank you Terry P. Terence Schubert, Esq. 1254 Marsh Street San Luis Obispo, California 9340i Phone: (805) 235-0566 On Friday, September 27 , 2024 at 02:06:56 PM PDT, Cruce, Greg <qcruce@slocitv.orq> wrote Hello Terry, Thankyouagainforyourcalltodayregardingthesidewalkrepairandtreeremovalat3lg5S.Higuera. Belowarelinks to the necessary permits for the tree removals and encroachment permit. Tree Removal Application Encroachment Permit Again, this item is scheduled to be heard by Council on21412025, so work will need to start by ll4l2A2S so it can bepulled from the agenda. Please let me know if you have any questions. 2 Page 399 of 555 Thanks, Greg Cruce Deputy Director - Maintenance Operations cmroF sf,nl{ffi(Fr$po Public Works Maintenance OPerations 990 Palm Street, San Luis Obispo, CA 93401-3249 E gcruce@slocitv.orq T 805.781.7264 slocity.org @nOXE Stay connected with the City by signing up for e-notifications 3 Page 400 of 555 Page 401 of 555 From:Cruce, Greg To:ptschubert@aol.com; pterryschubert@gmail.com Cc:Stephenson, Nemo; Gault, Walter Subject:RE: 3195 South Higuera Date:Monday, December 2, 2024 10:20:00 AM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png Good morning, Terry, I received your voicemail indicating your client was working on the tree removal application. I checked with the City Arborist and verified it has not been submitted yet. Please update with this timeline and the encroachment permit timeline. Thank you, Greg Cruce Deputy Director - Maintenance Operations Public Works Department 805.781.7264 gcruce@slocity.org From: Cruce, Greg Sent: Wednesday, November 13, 2024 12:58 PM To: ptschubert@aol.com; pterryschubert@gmail.com Cc: Stephenson, Nemo <nstephenson@slocity.org> Subject: RE: 3195 South Higuera Terry, Can you please update me on the status. If I don’t hear back from you by 11/22/2024, I’ll be posting the property and putting back on the Council schedule for repairs to be made by the City, per the Streets and Highways Code. Thanks, Greg Cruce Deputy Director - Maintenance Operations Public Works Department 805.781.7264 gcruce@slocity.org From: Cruce, Greg Sent: Tuesday, October 29, 2024 9:23 AM To: ptschubert@aol.com; pterryschubert@gmail.com Subject: RE: 3195 South Higuera Page 402 of 555 Good morning, Terry, I wanted to check on the status of the encroachment permit. Please update me on the timeline. Thanks, Greg Cruce Deputy Director - Maintenance Operations Public Works Department 805.781.7264 gcruce@slocity.org From: ptschubert@aol.com <ptschubert@aol.com> Sent: Monday, September 30, 2024 9:59 AM To: pterryschubert@gmail.com; Cruce, Greg <gcruce@slocity.org> Subject: Re: 3195 South Higuera This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Greg, Received, hank you. Terry P. Terence Schubert, Esq. 1254 Marsh Street San Luis Obispo, California 93401 Phone: (805) 235-0566 On Friday, September 27, 2024 at 02:06:56 PM PDT, Cruce, Greg <gcruce@slocity.org> wrote: Hello Terry, Thank you again for your call today regarding the sidewalk repair and tree removal at 3195 S. Higuera. Below are links to the necessary permits for the tree removals and encroachment permit. Tree Removal Application Page 403 of 555 Encroachment Permit Again, this item is scheduled to be heard by Council on 2/4/2025, so work will need to start by 1/4/2025 so it can be pulled from the agenda. Please let me know if you have any questions. Thanks, Greg Cruce Deputy Director – Maintenance Operations City of San Luis Obispo Public Works Maintenance Operations 990 Palm Street, San Luis Obispo, CA 93401-3249 E gcruce@slocity.org T 805.781.7264 slocity.org Stay connected with the City by signing up for e-notifications Page 404 of 555 B. Received r Complete items 1,2, and 3. r Print your name and address on the reverse so that we can return the card to you' r Attach this card to the back of the mailpiece' 9590 9402 8995 4122 4043 98 nnoddoknq, YOtond ttn-q L1cooct Btree+ E0n wiq0H6YD , cn,qepl illlllil lllr illlllllll I I lllll ll ll lll lilll lll or on the front if permits. l. ArticleAddressed to: SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Signature x D. ls delivery address different from item 1? lf YES, enter delivery address below: E Agent tr G. Date of Delivery Yes ENo 3. ServiceType tr Adult Slgnature tr Adult Restrict€d Delivory Mail@ Mail Restricted Delivery E Collect on Delivery tr Collect on Delivery Restricted Delivery n lnsured Mail tr Priority Mail Express@ E Reoistered MailrM E Bedistered Mall Restricted Deliverv E Signatrire GonllrmalionrM E Signature Confirmation Restricted Dallvery2. Article Number (fransfer service label) ?81,1 EaSE EEt]U .1!r13 ?355 PS Form 381 1, .tuty zo20 PsN 7530-02-000-9053 Domestic Return ReceiPt 'Page 405 of 555 il I ]tf t ilil llrfl ffitflfltlmllfrfl ffi USPSTRACKING # +il ilI First-Class Mail Postage & Fees Paid USPS Permit No. G-10 'd*sl^ lSqE lqEe 8515 '{IeP q0q3 1a United States PostalSeruice l I I I I l I I I ) I City of San Luis Obispo Public Works z5 Prado Road your name,a Please and tn box' N ehtrn:r0'h San Luis i -?S I *}ES ;rf lgrlrl,;;llll;ff if p1,ll',llrif l,,lilll,lllf rrl11lilf lf l, rf ll Page 406 of 555 Public Works Department 919 Palm St.Specification Number: 1000199 San Luis Obispo, CA Task Order No: 93401-3218 Location 1 Contingency *Total *For cost in excess of $100,000 attach City Manager Report approving purchase. Estimated Costs Replacement of Driveway and sidewalk, creating ada compliance. Description of Project: Extra Work -$ 27,618.28$ 4,603.05$ Unit Price Work 22,908.75$ Asphalt Material 106.48$ Task Order Details Work Order No.Nearest Address Description 1543 Morro & 878 Islay Driveway Replacement Streets and Sidewalk Maintenance JOC - AUTHORIZATION City of San Luis Obispo Page 407 of 555 Item No.Item Description Unit of Measure Unit Price Estimated Quantity Estimated Cost Actual Quantity Final Cost 1CCO1 Edge Grind SQFT 10.25$ -$ -$ 2CCO1 1.75" Thin Maintenance Overlay SQFT 13.33$ -$ -$ 3CCO1 2” AC Grind & AC Overlay-1/2'' Aggregate SQFT 41.00$ -$ -$ 4CCO1 6” AC Pavement - Excavation & Restoration SQFT 9.23$ -$ -$ 5CCO1 10” AC Pavement - Excavation & Restoration SQFT 13.33$ -$ -$ 6CCO1 8” PCC with 3” max AC Cap - Excavation & Restoration SQFT 29.73$ 50 1,486.25$ -$ 7CCO1 Class II Aggregate TON 87.13$ -$ -$ 8CCO1 Trench Backfill Sand TON 76.88$ -$ -$ 9CCO1 AC Dike - Caltrans A87B LF 23.58$ -$ -$ 10CCO1 Pavement Reinforcing Fabric SQYD 71.75$ -$ -$ 11CCO1 Geo Textile Grid SQYD 51.25$ -$ -$ 12CCO1 Fog Seal SQYD 25.63$ -$ -$ 13CCO1 Pavement Marking-Caltrans A24 SQFT 18.45$ -$ -$ 14CCO1 12'' White Line Limit Line LF 20.50$ -$ -$ 15CCO1 Traffic Stripe-Caltrans A20A Detail 1 LF 20.50$ -$ -$ 16CCO1 Traffic Stripe - Caltrans A20A Detail 2 LF 20.50$ -$ -$ 17CCO1 Traffic Stripe - Caltrans A20A Detail 8 LF 20.50$ -$ -$ 18CCO1 Traffic Stripe - Caltrans A20A Detail 9 LF 20.50$ -$ -$ 19CCO1 Traffic Stripe - Caltrans A20B Detail 22 LF 23.58$ -$ -$ 20CCO1 Traffic Stripe - Caltrans A20D Detail 29 LF 23.58$ -$ -$ 21CCO1 Traffic Stripe - Caltrans A20D Detail 38 LF 23.58$ -$ -$ 22CCO1 Traffic Stripe - Caltrans A20D Detail 39 LF 23.58$ -$ -$ 23CCO1 Traffic Stripe - Caltrans A20D Detail 39A LF 23.58$ -$ -$ 24CCO1 Reflective Pavement Marker-All Types EA 35.88$ -$ -$ 25CCO1 Hi-Vis-Crosswalk-STD 7350 LF 307.50$ -$ -$ 26CCO1 Bike Lane Buffer LF 30.75$ -$ -$ 27CCO1 Green Bike Lane Coating-STD 7360 SQFT 51.25$ -$ -$ 28CCO1 Remove Traffic Stripe LF 15.38$ -$ -$ 29CCO1 Remove Pavement Marking SQFT 15.38$ -$ -$ 30CCO1 Remove & Replace Sidewalk - Std. 4110 (Area Under 60 SQFT) SQFT 71.75$ -$ -$ 31CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - 60 to 180 SQFT) SQFT 61.50$ 100 6,150.00$ -$ 32CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - over 180 SQFT) SQFT 51.25$ -$ -$ 33CCO1 Remove & Replace Curb and Gutter - Std. 4030 LF 92.25$ -$ -$ 34CCO1 Remove & Replace Curb Ramp - Std. 4440 SQFT 24.60$ -$ -$ 35CCO1 Remove & Replace Cross Gutter - Std. 4310 SQFT 205.00$ -$ -$ 36CCO1 Remove & Replace Driveway Ramp - Std. 2110,2111,2115,2116 SQFT 35.88$ 300 10,762.50$ -$ 37CCO1 Mission Style PCC Coloring and Salt Finish SQFT 6.15$ -$ -$ 38CCO1 Mission Style Tile Installation per Std. 4220 LF 71.75$ -$ -$ 39CCO1 Single Mission Tile Installation - Std. 4220 EA 82.00$ -$ -$ 40CCO1 Replace Truncated Domes - Std. 4440 SQFT 71.75$ -$ -$ 41CCO1 Repaint Curb LF 6.15$ -$ 42CCO1 Furnish & Install Metal Post - Std. 7210 EA 666.25$ -$ -$ 43CCO1 Furnish & Install Metal Post - Std. 7215 EA 717.50$ -$ -$ 44CCO1 Furnish and Install Sign EA 512.50$ -$ -$ 45CCO1 Reconstruct Guardrail - Caltrans A77A1 LF 512.50$ -$ -$ 46CCO1 Furnish and Install Tree Well - Std. 8130, 4'x4' EA 5,125.00$ -$ -$ 47CCO1 Furnish and Install Tree Well - Std. 8130, 5'x5' EA 5,945.00$ -$ -$ 48CCO1 Furnish and Install Tree Well - Std. 8130, 6'x6' EA 7,175.00$ -$ -$ 49CCO1 Enlarge Tree Grate Opening EA 256.25$ -$ -$ 50CCO1 Catch Basin - Std. 3350 EA 15,375.00$ -$ -$ 51CCO1 Catch Basin - Std. 3355 EA 18,450.00$ -$ -$ 52CCO1 Catch Basin - Std. 3355A EA 12,300.00$ -$ -$ 53CCO1 Catch Basin - Std. 3360 EA 18,450.00$ -$ -$ 54CCO1 Adjust Utility Cover - Std. 6040 EA 768.75$ -$ -$ 55CCO1 Manhole Frame and Cover Replacement - Std. 6040 EA 2,562.50$ -$ -$ 56CCO1 Manhole Replacement - Std. 3530 or 6610 EA 13,325.00$ -$ -$ 57CCO1 Manhole Coating EA 30,750.00$ -$ -$ 58CCO1 Construct Well / Cleanout - G5 - Std. 6710 EA 1,230.00$ -$ -$ 59CCO1 Potholing (Depth - 0’ to 4') EA 666.25$ -$ -$ 60CCO1 Potholing (Depth - 4' to 8') EA 973.75$ -$ -$ 61CCO1 Potholing (Depth - 8'+) EA 1,332.50$ -$ -$ 62CCO1 Pipe Excavation & Restoration (Depth - 0’ to 2.5’) LF 205.00$ -$ -$ 63CCO1 Pipe Excavation & Restoration (Depth - 2.5’ to 8.5’) Shoring Required LF 410.00$ -$ -$ 64CCO1 Pipe Excavation & Restoration (Depth - 8.5’+) Shoring Required LF 666.25$ -$ -$ 65CCO1 Traffic Control - Eng. Std. Appendix G – Fig A HR 133.25$ -$ -$ 66CCO1 Traffic Control - Eng. Std. Appendix G – Fig B HR 256.25$ -$ -$ 67CCO1 Traffic Control - Eng. Std. Appendix G – Fig C HR 205.00$ -$ -$ 68CCO1 Traffic Control - Eng. Std. Appendix G – Fig D HR 256.25$ -$ -$ 69CCO1 Traffic Control - Eng. Std. Appendix G – Fig E HR 153.75$ -$ -$ 70CCO1 Traffic Control - Eng. Std. Appendix G – Fig F HR 205.00$ -$ -$ 71CCO1 Traffic Control - Eng. Std. Appendix G – Fig G HR 205.00$ -$ -$ 72CCO1 Traffic Control - Eng. Std. Appendix G – Fig H HR 153.75$ -$ -$ 73CCO1 Traffic Control - Eng. Std. Appendix G – Fig I HR 205.00$ -$ -$ 74CCO1 Traffic Control - Eng. Std. Appendix G – Fig J HR 205.00$ -$ -$ 75CCO1 Traffic Control - Eng. Std. Appendix G – Fig K HR 169.13$ -$ -$ 76CCO1 Traffic Control - Eng. Std. Appendix G – Fig L HR 358.75$ -$ -$ 77CCO1 Traffic Control - Eng. Std. Appendix G – Fig M HR 133.25$ -$ -$ 78CCO1 Traffic Control - Eng. Std. Appendix G – Fig N HR 256.25$ -$ -$ 79CCO1 Traffic Control - Eng. Std. Appendix G – Fig O HR 287.00$ -$ -$ 80CCO1 Traffic Control - Eng. Std. Appendix G – Fig P HR 102.50$ 8 820.00$ -$ Unit Price Contract Work Page 408 of 555 81CCO1 Minor Traffic Control HR 76.88$ 48 3,690.00$ -$ 82CCO1 Abandon and Grout (E) Sanitary Sewer with Flowable Fill CY 153.75$ -$ -$ 83CCO1 2" SCH 40 Conduit, 2-Sac Concrete Capped LF 61.50$ -$ -$ 84CCO1 4" SCH 40 Conduit, 2-Sac Concrete Capped LF 66.63$ -$ -$ 85CCO1 2" SCH 40 Conduit, City Standard 6035 - Trench Detail LF 66.63$ -$ -$ 86CCO1 4" SCH 40 Conduit, City Standard 6035 - Trench Detail LF 71.75$ -$ -$ 87CCO1 Electrical Pull Box, PG&E Type #2 (17"x30"x26") LF 1,025.00$ -$ -$ 88CCO1 Pexco City Post (EAC Mount), 36'' Height, white w/ 3 Grey retroreflective strips ( or approved equal)LF 256.25$ -$ -$ 89CCO1 Pexco City Post (EAC Mount), 18'' Height, white w/ 3 Yellow retroreflective strips ( or approved equal)LF 230.63$ -$ -$ Estimated Cost 22,908.75$ Actual Cost -$ Estimate Tons Unit Price Cost 15% Markup Site Total 0.93 100.00$ 92.59$ 13.89$ 106.48$ Estimate Total 106.48$ Tons Unit Price Cost 15% Markup Ticket Total -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Actual Total -$ Estimate Est. No. Location Cost 111 Location X -$ 222 Location Y -$ -$ Actual EW No. Location Cost 111a Location X -$ 222b Location Y -$ -$ 1234 Plant Install A Install B Task Install A Install B Task Actual Actual Total Estimated Total 1234 Plant 1234 Plant 1234 Plant Asphalt Concrete Material Extra Work Ticket Number and Plant Page 409 of 555 Task Order - Paving Estimate Location Work Order Address Description No. Patches L1 (ft)W1 (ft)L2 (ft)W2 (ft)L3 (ft)W3 (ft) Area (SF) AC Depth (in) PCC/AC Edge Grind (SF) Reinforcing Fabric (SY) Adjust Utility Cover (EA)Tons of AC Adjusted Striping Detail Striping (ft/SF/EA) Traffic Control #1 Traffic Control #2 Hours Notes 1 1543 Morro Pave Out 25 2 50.0 Yes 1.75 Fog Seal Minor 2 A24 A 6 12" White Line B 10 1 C 50.0 PCC/AC 2 D 8 E 9 F 22 G 29 H 38 I 39 J 39A K Markers L Crosswalk M Bike Lane Buffer N Green Bike Lane Coating O Remove Traffic Stripe P Remove Marking Page 410 of 555 Task Order - Concrete Estimate Location Work Order Address Description No. Patches Total Length L1 (ft) Total Width W1 (ft) Tree Well Length (Deduction) L2 (ft) Tree Well Width (Deduction) W2 (ft) Number of Tree Wells Other (Deduction) L3 (ft) Other (Deduction) W3 (ft) Area (ft2) Mission Style Mission Style Tile (ft) Curb and Gutter (ft) Curb Ramp (SF) Truncated Domes (SF) Cross Gutter (SF) Driveway Ramp (SF) Repaint Curb (ft) Metal Sign Posts and Sign (EA) Traffic Control Hours Notes Cover Page Description 1 1543 Morro Street Driveway Replacement 1 10 10 100.0 300 Minor 48 P 8 Replacement Tree Wells 100.0 Regular 300 Minor 48 4'Mission A 5'B 6'C Enlarge D E F G H I J K L M N O P 8 Page 411 of 555 Public Works 919 Palm Street,San Luis Obispo. CA93401 3218 B05.781 7200 slocity org February IO,2025 ED SOMMERS 3111- FLANNERY RD SAN PABLO, CA,94806 Subject: Second lnformal Notice to Repair Sidewalk - 878 lslay Street, San Luis Obispo Dear Property Owner: The sidewalk and driveway apron adjacent to your property located at 878 lslay Street in the City of San Luis Obispo has been identified as a dangerous condition and must be mitigated. The City's Streets Maintenance Program has made temporary repairs; however, you as the adjacent property owner are responsible for the permanent repairs in compliance with the City's Engineering Sta nd a rds. The City of San Luis Obispo's Municipal Code identifies the improvements between the street line and property line as being the maintenance responsibility of the adjacent property owner. ' San Luis Obispo Municipal Code 12.16.020 - Property Owner's Responsibility The maintenonce, repair and collection of the cost of repoir shall be governed by the procedure set forth in Division 7, Part 3, Chopter 22 of the Streets ond Highwoys Code of the state. (Prior code 5 7330.1) Public Works Department staff sent you the first lnformal Notice to Correct on 1O/L7 /2O23, with the request to complete the necessary work within 120 days to the satisfaction of the City. After a review of the file and inspection of the property, staff has noted the conditions have not been corrected. You shall obtain an Encroachment Permit no later than 4/1./2025 and complete the repairs within 30 days of this of the permit issuance. Failure to comply with the above-stated dates will result in the City issuing a formal Notice to Correct and the work being completed by the City's contractor. lt should be noted, if the work is completed by a City contractor, the work is subject to prevailing wage requirements. A hearing has been added to the 5l2O/2O25 City Council agenda to seek approval for the necessary work and to pursue reimbursement through a special assessment and lien, should the work not be completed by the above stated date. Please feel free to contact me with any questions at nstephenson@slocity.org' Page 412 of 555 Sincerely, /1/A--, Nehimiah Stephenson Maintenance Superintendent Public Works Department Attachments: Previous Correspondences, Photos, Sidewalk Brochure, Applicable Streets and Highways Code Page 413 of 555 Areas of less severe damage are completed as the next priority, working around the City in a systematic fashion in advance of the paving program. That can mean the sidewalk will not be replaced for several years. Damage other than that caused by street trees needs to be completed by the property owner. Related to sidewalk repair is clearance and visibility. When is maintenance required? . Visibility When parkway strip shrubbery interferes with the ability of a driver to see pedestrians or approaching traffic, either from a driveway or an intersection, trimming of shrubs must be completed by the property owner. Shrubs must be trimmed to a maximurn height of 36", for a minimum distance of 30' fiom an intersection. (Municipal Code 10.60 and 17.16.020) . Walkway and Gutter Clearance - Trimming of ground cover or shrubs is required when the plants extend onto or over the sidewalk, gutter, or street. . Parkway Strip Condition - All tree stumps, large rocks, trash and holes must be removed by the property owner. The parkway strip must be level and holes must be filled and leveled with dirt or other material. When is a permit required for landscape maintenance work? If the sidewalk or the street must be closed for the work, a permit is required from Public Works. Call (805)781-701 5 for additional infbrmation. tf a tree is to be removed, a tree removal pennit must be obtained. Applications for tree removal are available on the City's web site on the Public Works page www.slocit-v.org or call 78 l-7220 for additional information' C,NJ- - tk g.a+qO(t ^-Fo\)/3s'O -6X> a@ :' dPA' \O -(f UO 5 CMYOF sffnl,(llsoBIsPo Sidewalk & Parkway Strip Maintenance Property Owner Responsibilities Department of Public Works 805-78 r-1220 805-781-701 5 Rev Ll1.l3 Page 414 of 555 'fhe City receives many requests from citizens to rnake repairs to sidewalks. This brochure provides general information to the public on this subject. What is the sidewalk, parkway, and curb and gutter? The sidewalk, parkway strip, and curb & gutter are typically made of concrete and located next to the street on the front and/or side portion of your propefty. The curb and gutter are located at the edge of the sheet pavement. The sidewalk is either separated from the curb by a parkway strip, or is located adjacent to the curb. Parkways are sometimes planted or filled in with brick or other rnaterials. Who is responsible for maintenance?-l'he property owner is responsible for properly rnaintaining this area (see San Luis Obispo Municipal Code Section 12.16.020 and Streets and tlighway Code Division 7, Part 3, Chapter 22). This responsibility includes maintenance of darnaged or displaced concrete and abaternent of weeds or debris. While the City may be Iiable for in-juries to pedestrians that are determined to have resulted from a dangerous condition of a public sidewalk, propeny owners should be aware that they rnay also be found liable if it is determined that their negligence caused someone to be harmed. When should property owners consider doing sidewalk replacement? Replacement of the sidewalk, curb and gutter concrete should be considered when one or more of the following exists: r When there is a vertical difference in height between sections of the sidewalk or concrete parkway strip of 3/4" or more.r Ifthe concrete has broken apart.r In any instance where the owner has reason to know that the condition presents a danger to users, or the owner has observed someone trip because of damage to the surface. In addition to darnaged sections of sidewalk, curb and gutter replacement is typically required when sidewalks and driveways are replaced, unless the sidewalk is separated fiorn the curb by a parkway. Patching should be completed when horizontal openings greater than l/2" exist. What are the options available for completing the work? The City recommends construction of curbs, gutters, and sidewalks in C ity streets be perfonned by a properly licensed and insured contractor. A permit is required for concrete repair. Call (80-s)781-701-5 for permit requirements. Are there inspections and standards for concrete repair work? Yes, all work and materials must be in conformance with the City of San Luis Obispo Engineering Standards for Public Works Construction. Before placing any concrete. you must have any tree root renroval approved, and the saw cut, forrns, and base inspected. After approval, a City-approved concrete mix rnust be used. The surface finish must be a light broom finish with score rnarks. After the work is completed, you must call for a final inspection. A pennit is required for all concrete work in the public right-of-way. Engineering Standards for construction are available on the City's web site on the Public Works page www.slocity.org. For information on obtaining a pennit call (805)78 l- 70r5. ls the property owner responsible for repairs if the concrete damage is caused by a tree? The City encourages street trees in front of residences. (Municipal Code 12.24.010) The property owner is responsible fbr the maintenance of the street tree but the City will repair the sidewalk when the concrete has been damaged by a street tree, as f'unding is available. and tirned with the area rotation program. Cloncrete damaged by trees other than street trees is the responsibility of the property owner. Maintenance, trimrning and replacement of street trees and shrubs is govemed by Chapter 12.24.110. 12.24.120 and 12.24.150 of the MunicipalCode. What measures should be taken to minimize concrete displacement by tree roots? Certain species of trees rnay raise concrete if preventative maintenance is not performed. To reduce the chance of future concrete displacement, trees can be root-pruned. Care must be taken when root pruning to avoid damaging underground utilities or destabilizing or harming the tree. This work must be corrpleted by a licensed arborist. Also, deep- watering the tree, that is, applying a slow trickle of water over a 24-hour period, encourages deeper root growth which reduces the chance of sidewalk damage. lf a problem is reported to the City, how long does it take for a repair? When a report is made to the City, it is entered in to the work order program. Subject to the availability of resources and personnel, the City will attenrpt to review the site within a week of entry of the work order. If a ternporary repair, such as grinding or ramping the area can be rnade, the City will generally attempt to cornplete that work within two weeks. Severe darnage caused by a street tree, which cannot be repaired adequately, will be reconstructed as soon as resources and available personnel allow. Page 415 of 555 Public \lrbrks 91 I Palm Slreet, San Luis Oblspo, CA 93401 -321 I 805.781./200 slocity org August 19tn,2024 Attention: Owner of 878 lslay St, San Luis Obispo, CA 3111 FLANNERY RD SAN PABLO, CA, 94806 Subject: Notice to Correct Sidewalk adjacent to 878 lslay St APN: 003-538-015 Dear Property Owner: The sidewalk and driveway apron adjacent to your property at 878 lslay in the City of San Luis Obispo must be repaired. This section of sidewalk at 878 lslay St. is considered a dangerous condition that must be mitigated. The condition of the concrete has deteriorated so severely that a temporary repair effort by Public Works staff would fail in a very short time and make the sidewalk more of ahazard This sidewalk was brought to our attention by a citizen complaint. The City of San Luis Obispo's Municipal Code identifies the curb, gutter and sidewalk adjacent to your property as being the maintenance responsibility of the property owner, in this case, Maddalena Roland C Exemption Trust. o 12.16.020 Property owner's responsibility - City Municipal Code The maintenance, repair and collection of the cost of repair shall be governed by the procedure set forth in Division 7, Part 3, Chapter 22 of the Sfreefs and Highways Code of the state. (Prior code S 7330.1) The appropriate sections of the Streets and Highway Code are included as an attachment to this letter. Below are some incremental timeframes to complete the work. Within 30 calendar days of this letter, you must acknowledge receipt of this letter Within 60 calendar days of this letter, you must submit to the City the necessary repair plans for the issuance of an encroachment permit. Within 90 calendar days of this letter, you must obtain an encroachment permit from the City to complete the necessary repair work. Within 120 calendar days of this letter, you must complete the necessary repair work to the satisfaction of the City. a a a a Page 416 of 555 This repair work can be costly; if you prefer to propose alternate timeframes for consideration, please submit those in writing to me within 30 calendar days of this letter. Failure to comply with this request could lead to formal Notices to Correct being issued with accelerated repair timeframes as required by the Streets and Highways Code. Sincerely, Nemo Stephenson Maintena nce Superintendent Nstephenson (@slocitv.ors 805-783-7813 Cc. Public Works Administration Streets Maintenance Attachments: 1. Attachment 1 - Streets and Highway Code - Division 7 , Part3, Chapter 222. Sidewalk Photos 3. Sidewalk & Parkway Strip Maintenance, Property Owner Responsibilities. STREETS AND HIGHWAYS CODE. SHC DIVISION 7. THE IMPROVEMENT ACT OF 1911 PART 3. PERFORMING THE WORK Page 417 of 555 CHAPTER 22. Maintenance of Sidewalks ARTICLE 2. Repairs 5510. The owners of lots or portions of lots fronting on anv portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip,shall maintain nv sidewalk in srrch condition that the sidewalk will not endaneer np rsons or nronertv and maintain it in a condition which will not interfere w ith the oublic convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. 5511. When anv portion of the sidewalk is out of repair or pending reconstruction and in condition ns or ro or nience in ther ntendent nln ssession of propertv fronting on th at oortion of such sidewalk so out of repair.to reoair the sidewalk. 56t2. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. 5613. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. ln lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than L0 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "second Notice," to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article but shall not extend the time for commencing repairs specified in Section 5614. 5514. The notice shall oarticularlv soecifu what work reouired to be done. and how it is to be done, n wh rials shall be used if the re mm n within two wee nd without eti the su rinte tr nd the cost same shall be a lie n on the orooertv. 5514.1. The legislative body may adopt a resolution determining that bonds shall be issued, and assessments collected and enforced pursuant to Part 5 of this division. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed sixyears, and shallfurther recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. 5615. lf the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the Page 418 of 555 last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held, and assessment and collection procedures are conducted. 5616. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. lf bonds are to be issued, the notice shall also contain the information required by Section 561.4.1.. 5617. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. 5618. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. 878 lslay - Sidewalk photos' Page 419 of 555 Page 420 of 555 Page 421 of 555 From: Sent: To: Subject: edandm < edandm@comcast.net> Monday, October 21, 2024 10:07 AM Cruce, Greg RE: 878 lslay Itnir *ar.age is frorn an Externat Source. Use caution when deciding to open attachments" ctick tinks, or respond Thank you. I'il. ask next door for the property manager name and get it to you. Thanks again. Ed somers. Sent from my GalaxY Original. message From: "Cruce, Greg" <gcruce@stocity.org> Date: 10/21/249:20 AM (GMT-08:00) To: edandm@comcast. net Cc: "stephenson, Nemo" <nstephenson@sl,ocity.org>, "Weidter, Haytey" <hweidter@stocity.org> Subject: 878 lsl.ay Hello Ed, Thank you for meeting me and Nemo Stephenson on-site last week to discuss the sidewalk condition at g7g islay. I've attaihed the lnformal Notice to Correct for the deteriorated sidewalk. Attached is the originai notice that was sent and returned. Please keep me posted on your timeline after you speat<io your relative and have a better on funding. We did reach out to California West regarding the adjacLnt property, and they do not manage this property. Once we find the property owner, we'll do our best to connect you folks to potentially teaming up on the repairs to reduce cost. Please let me know if you have any questions Thanks, Greg Cruce Deputy Director - Maintenance Operations 1 Page 422 of 555 E Public Works Maintena nce Operations 990 Palm Street, San Luis Obispo, CA 93401 -3249 E gcruce@slocity.org T 805.781 .7264 stay connected with the city by signing up for e-notifications E E E tr E 2 Page 423 of 555 From:edandm To:Cruce, Greg Subject:Greg. Good morning. I have not been able to raise the money to fix the sidewalk in front of 878 Islay. You should probably start formal procedures . I think the city assigns the work to a contractor and the cost is put on my property tax bill. Date:Monday, November 18, 2024 9:52:53 AM This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. I'm sorry I don't yet have the name of next doors magement Co. I have not seen my neighbor lately. Sorry to drop extra work on you. Thank you for your consideration of my circumstances. Can you send any mail notifications to my 3111 Flannery rd. San Pablo 94806 Address and my 878 Islay st. SLO 93401 address. Thank you, Edward M. Somers jr. Sent from my Galaxy Page 424 of 555 Public Works Department 919 Palm St. Specification Number: 1000199 San Luis Obispo, CA Task Order No: 93401-3218 Location 1 Contingency *Total *For cost in excess of $100,000 attach City Manager Report approving purchase. Streets and Sidewalk Maintenance JOC - AUTHORIZATION City of San Luis Obispo Task Order Details Work Order No.Nearest Address Description 859 Mission Street Driveway Replacement Replacement of Driveway and sidewalk, creating ada compliance. Description of Project: Extra Work -$ 21,094.50$ 3,515.75$ Unit Price Work 17,578.75$ Asphalt Material -$ Estimated Costs Page 425 of 555 Item No.Item Description Unit of Measure Unit Price Estimated Quantity Estimated Cost Actual Quantity Final Cost 1CCO1 Edge Grind SQFT 10.25$ -$ -$ 2CCO1 1.75" Thin Maintenance Overlay SQFT 13.33$ -$ -$ 3CCO1 2” AC Grind & AC Overlay-1/2'' Aggregate SQFT 41.00$ -$ -$ 4CCO1 6” AC Pavement - Excavation & Restoration SQFT 9.23$ -$ -$ 5CCO1 10” AC Pavement - Excavation & Restoration SQFT 13.33$ -$ -$ 6CCO1 8” PCC with 3” max AC Cap - Excavation & Restoration SQFT 29.73$ -$ -$ 7CCO1 Class II Aggregate TON 87.13$ -$ -$ 8CCO1 Trench Backfill Sand TON 76.88$ -$ -$ 9CCO1 AC Dike - Caltrans A87B LF 23.58$ -$ -$ 10CCO1 Pavement Reinforcing Fabric SQYD 71.75$ -$ -$ 11CCO1 Geo Textile Grid SQYD 51.25$ -$ -$ 12CCO1 Fog Seal SQYD 25.63$ -$ -$ 13CCO1 Pavement Marking-Caltrans A24 SQFT 18.45$ -$ -$ 14CCO1 12'' White Line Limit Line LF 20.50$ -$ -$ 15CCO1 Traffic Stripe-Caltrans A20A Detail 1 LF 20.50$ -$ -$ 16CCO1 Traffic Stripe - Caltrans A20A Detail 2 LF 20.50$ -$ -$ 17CCO1 Traffic Stripe - Caltrans A20A Detail 8 LF 20.50$ -$ -$ 18CCO1 Traffic Stripe - Caltrans A20A Detail 9 LF 20.50$ -$ -$ 19CCO1 Traffic Stripe - Caltrans A20B Detail 22 LF 23.58$ -$ -$ 20CCO1 Traffic Stripe - Caltrans A20D Detail 29 LF 23.58$ -$ -$ 21CCO1 Traffic Stripe - Caltrans A20D Detail 38 LF 23.58$ -$ -$ 22CCO1 Traffic Stripe - Caltrans A20D Detail 39 LF 23.58$ -$ -$ 23CCO1 Traffic Stripe - Caltrans A20D Detail 39A LF 23.58$ -$ -$ 24CCO1 Reflective Pavement Marker-All Types EA 35.88$ -$ -$ 25CCO1 Hi-Vis-Crosswalk-STD 7350 LF 307.50$ -$ -$ 26CCO1 Bike Lane Buffer LF 30.75$ -$ -$ 27CCO1 Green Bike Lane Coating-STD 7360 SQFT 51.25$ -$ -$ 28CCO1 Remove Traffic Stripe LF 15.38$ -$ -$ 29CCO1 Remove Pavement Marking SQFT 15.38$ -$ -$ 30CCO1 Remove & Replace Sidewalk - Std. 4110 (Area Under 60 SQFT) SQFT 71.75$ 50 3,587.50$ -$ 31CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - 60 to 180 SQFT) SQFT 61.50$ -$ -$ 32CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - over 180 SQFT) SQFT 51.25$ -$ -$ 33CCO1 Remove & Replace Curb and Gutter - Std. 4030 LF 92.25$ -$ -$ 34CCO1 Remove & Replace Curb Ramp - Std. 4440 SQFT 24.60$ -$ -$ 35CCO1 Remove & Replace Cross Gutter - Std. 4310 SQFT 205.00$ -$ -$ 36CCO1 Remove & Replace Driveway Ramp - Std. 2110,2111,2115,2116 SQFT 35.88$ 150 5,381.25$ -$ 37CCO1 Mission Style PCC Coloring and Salt Finish SQFT 6.15$ -$ -$ 38CCO1 Mission Style Tile Installation per Std. 4220 LF 71.75$ -$ -$ 39CCO1 Single Mission Tile Installation - Std. 4220 EA 82.00$ -$ -$ 40CCO1 Replace Truncated Domes - Std. 4440 SQFT 71.75$ -$ -$ 41CCO1 Repaint Curb LF 6.15$ -$ 42CCO1 Furnish & Install Metal Post - Std. 7210 EA 666.25$ -$ -$ 43CCO1 Furnish & Install Metal Post - Std. 7215 EA 717.50$ -$ -$ 44CCO1 Furnish and Install Sign EA 512.50$ -$ -$ 45CCO1 Reconstruct Guardrail - Caltrans A77A1 LF 512.50$ -$ -$ 46CCO1 Furnish and Install Tree Well - Std. 8130, 4'x4' EA 5,125.00$ -$ -$ 47CCO1 Furnish and Install Tree Well - Std. 8130, 5'x5' EA 5,945.00$ -$ -$ 48CCO1 Furnish and Install Tree Well - Std. 8130, 6'x6' EA 7,175.00$ -$ -$ 49CCO1 Enlarge Tree Grate Opening EA 256.25$ -$ -$ 50CCO1 Catch Basin - Std. 3350 EA 15,375.00$ -$ -$ 51CCO1 Catch Basin - Std. 3355 EA 18,450.00$ -$ -$ 52CCO1 Catch Basin - Std. 3355A EA 12,300.00$ -$ -$ 53CCO1 Catch Basin - Std. 3360 EA 18,450.00$ -$ -$ 54CCO1 Adjust Utility Cover - Std. 6040 EA 768.75$ -$ -$ 55CCO1 Manhole Frame and Cover Replacement - Std. 6040 EA 2,562.50$ -$ -$ 56CCO1 Manhole Replacement - Std. 3530 or 6610 EA 13,325.00$ -$ -$ 57CCO1 Manhole Coating EA 30,750.00$ -$ -$ 58CCO1 Construct Well / Cleanout - G5 - Std. 6710 EA 1,230.00$ -$ -$ 59CCO1 Potholing (Depth - 0’ to 4') EA 666.25$ -$ -$ 60CCO1 Potholing (Depth - 4' to 8') EA 973.75$ -$ -$ 61CCO1 Potholing (Depth - 8'+) EA 1,332.50$ -$ -$ 62CCO1 Pipe Excavation & Restoration (Depth - 0’ to 2.5’) LF 205.00$ -$ -$ 63CCO1 Pipe Excavation & Restoration (Depth - 2.5’ to 8.5’) Shoring Required LF 410.00$ -$ -$ 64CCO1 Pipe Excavation & Restoration (Depth - 8.5’+) Shoring Required LF 666.25$ -$ -$ 65CCO1 Traffic Control - Eng. Std. Appendix G – Fig A HR 133.25$ -$ -$ 66CCO1 Traffic Control - Eng. Std. Appendix G – Fig B HR 256.25$ -$ -$ 67CCO1 Traffic Control - Eng. Std. Appendix G – Fig C HR 205.00$ -$ -$ 68CCO1 Traffic Control - Eng. Std. Appendix G – Fig D HR 256.25$ -$ -$ 69CCO1 Traffic Control - Eng. Std. Appendix G – Fig E HR 153.75$ -$ -$ 70CCO1 Traffic Control - Eng. Std. Appendix G – Fig F HR 205.00$ -$ -$ 71CCO1 Traffic Control - Eng. Std. Appendix G – Fig G HR 205.00$ -$ -$ 72CCO1 Traffic Control - Eng. Std. Appendix G – Fig H HR 153.75$ -$ -$ 73CCO1 Traffic Control - Eng. Std. Appendix G – Fig I HR 205.00$ -$ -$ 74CCO1 Traffic Control - Eng. Std. Appendix G – Fig J HR 205.00$ -$ -$ 75CCO1 Traffic Control - Eng. Std. Appendix G – Fig K HR 169.13$ -$ -$ 76CCO1 Traffic Control - Eng. Std. Appendix G – Fig L HR 358.75$ -$ -$ 77CCO1 Traffic Control - Eng. Std. Appendix G – Fig M HR 133.25$ -$ -$ 78CCO1 Traffic Control - Eng. Std. Appendix G – Fig N HR 256.25$ -$ -$ 79CCO1 Traffic Control - Eng. Std. Appendix G – Fig O HR 287.00$ -$ -$ 80CCO1 Traffic Control - Eng. Std. Appendix G – Fig P HR 102.50$ 48 4,920.00$ -$ Unit Price Contract Work Page 426 of 555 81CCO1 Minor Traffic Control HR 76.88$ 48 3,690.00$ -$ 82CCO1 Abandon and Grout (E) Sanitary Sewer with Flowable Fill CY 153.75$ -$ -$ 83CCO1 2" SCH 40 Conduit, 2-Sac Concrete Capped LF 61.50$ -$ -$ 84CCO1 4" SCH 40 Conduit, 2-Sac Concrete Capped LF 66.63$ -$ -$ 85CCO1 2" SCH 40 Conduit, City Standard 6035 - Trench Detail LF 66.63$ -$ -$ 86CCO1 4" SCH 40 Conduit, City Standard 6035 - Trench Detail LF 71.75$ -$ -$ 87CCO1 Electrical Pull Box, PG&E Type #2 (17"x30"x26") LF 1,025.00$ -$ -$ 88CCO1 Pexco City Post (EAC Mount), 36'' Height, white w/ 3 Grey retroreflective strips ( or approved equal)LF 256.25$ -$ -$ 89CCO1 Pexco City Post (EAC Mount), 18'' Height, white w/ 3 Yellow retroreflective strips ( or approved equal)LF 230.63$ -$ -$ Estimated Cost 17,578.75$ Actual Cost -$ Estimate Tons Unit Price Cost 15% Markup Site Total 100.00$ -$ -$ -$ Estimate Total -$ Tons Unit Price Cost 15% Markup Ticket Total -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Actual Total -$ Estimate Est. No. Location Cost 111 Location X -$ 222 Location Y -$ -$ Actual EW No. Location Cost 111a Location X -$ 222b Location Y -$ -$ Install B Task Actual Actual Total Estimated Total 1234 Plant 1234 Plant 1234 Plant Asphalt Concrete Material Extra Work Ticket Number and Plant 1234 Plant Install A Install B Task Install A Page 427 of 555 Task Order - Paving Estimate Location Work Order Address Description No. Patches L1 (ft)W1 (ft)L2 (ft)W2 (ft)L3 (ft)W3 (ft) Area (SF) AC Depth (in) PCC/AC Edge Grind (SF) Reinforcing Fabric (SY) Adjust Utility Cover (EA)Tons of AC Adjusted Striping Detail Striping (ft/SF/EA) Traffic Control #1 Traffic Control #2 Hours Notes 1 859 Mission Street Pave Out 25 2 50.0 6 1.9 2.1 1.75 2.1 Fog Seal Minor 2 A24 A 50.0 6 12" White Line B 10 1 C PCC/AC 2 D 8 E 9 F 22 G 29 H 38 I 39 J 39A K Markers L Crosswalk M Bike Lane Buffer N Green Bike Lane Coating O Remove Traffic Stripe P Remove Marking Page 428 of 555 Task Order - Concrete Estimate Location Work Order Address Description No. Patches Total Length L1 (ft) Total Width W1 (ft) Tree Well Length (Deduction) L2 (ft) Tree Well Width (Deduction) W2 (ft) Number of Tree Wells Other (Deduction) L3 (ft) Other (Deduction) W3 (ft) Area (ft2) Mission Style Mission Style Tile (ft) Curb and Gutter (ft) Curb Ramp (SF) Truncated Domes (SF) Cross Gutter (SF) Driveway Ramp (SF) Repaint Curb (ft) 1 859 Mission Street Driveway Replacement 1 10 5 50.0 150 Replacement Tree Wells 50.0 Regular 150 4'Mission 5' 6' Enlarge Page 429 of 555 Metal Sign Posts and Sign (EA) Traffic Control Hours Notes Cover Page Description Minor 48 P 48 Minor 48 A B C D E F G H I J K L M N O P 48 Page 430 of 555 Public Works 91 g Palm Street, San Luis 0bispo. CA 93401 -321 I 805 781.7204 slocity.org February IO,2025 Eric Michaels l-22L Avenue of Americas New York, NY 10020 Subject: Second lnformal Notice to Repair Sidewalk - 859 Mission Street, San Luis Obispo Dear Property Owner: The sidewalk and driveway apron adjacent to your property located at 859 Mission Street in the City of San Luis Obispo has been identified as a dangerous condition and must be mitigated. The City's Streets Maintenance Program has made temporary repairs; however, you as the adjacent property owner are responsible for the permanent repairs in compliance with the City's Engineering Standards. The City of San Luis Obispo's Municipal Code identifies the improvements between the street line and property line as being the maintenance responsibility of the adjacent property owner. r San Luis Obispo Municipal Code 12.16.020 - Property Owner's Responsibility The mointenonce, repoir and collection of the cost of repoir shall be governed by the procedure set forth in Division 7, Port 3, Chopter 22 of the Streets and Highways Code of the stote. (Prior code I 7330.1) Public Works Department staff sent you the first lnformal Notice to Correct on tO/17 /2023, with the request to complete the necessary work within L20 days to the satisfaction of the City. After a review of the file and inspection of the property, staff has noted the conditions have not been corrected. You shall obtain an Encroachment Permit no later than 4/1./2025 and complete the repairs within 30 days of this of the permit issuance. Failure to comply with the above-stated dates will result in the City issuing a formal Notice to Correct and the work being completed by the City's contractor. lt should be noted, if the work is completed by a City contractor, the work is subject to prevailing wage requirements. A hearing has been added to the 5l2O/2O25 City Council agenda to seek approval for the necessary work and to pursue reimbursement through a special assessment and lien, should the work not be completed by the above stated date. Please feel free to contact me with any questions at nstephenson@slocity.org. Page 431 of 555 Sincerely, 4-t-. Nehimiah Stephenson Maintenance Superintendent Public Works Depa rtment Attachments: Previous Correspondences, Photos, Sidewalk Brochure, Applicable Streets and Highways Code Page 432 of 555 Areas of less severe damage are completed as the next priority, working around the City in a systematic fashion in advance of the paving program. That can mean the sidewalk will not be replaced for several years. Damage other than that caused by street trees needs to be completed by the property owner. Related to sidewalk repair is clearance and visibility. When is maintenance required? o Visibility - When parkway strip shrubbery interferes with the ability of a driver to see pedestrians or approaching traffic, either from a driveway or an intersection, trimming of shrubs must be completed by the property owner. Shrubs must be trimmed to a maximum height of 36", for a minimum distance of 30' from an intersection' (Municipal Code 10.60 and 17.16.020) r Walkway and Gutter Clearance - Trimming of ground cover or shrubs is required when the plants extend onto or over the sidewalk, gutter, or street. . Parkway Strip Condition - All tree stumps, large rocks, trash and holes must be removed by the property owner. The parkway strip must be level and holes must be filled and leveled with dirt or other material. When is a permit required for landscape maintenance work? If the sidewalk or the street must be closed for the work, a permit is required from Public Works. Call (805)781-7015 for additional information. lf a tree is to be removed, a tree removal permit must be obtained. Applications for tree removal are available on the City's web site on the Public Works page www.slocity.org or call781-7220 for additional information. (, t9 alN (I:i " t< trx- @OU) ^-S)l))t=do *g'B.i oq !,('P6's€5 CITYOF sflnL(IIS Sidewalk & Parkway Strip Maintenance Property Owner Responsibilities Department of Public Works 805-781-7220 80s-78 1 -701 5 tt Rev 1 .1 4.1 3 Page 433 of 555 The Cify receives many requests from citizens to make repairs to sidewalks. This brochure provides general information to the public on this subject. What is the sidewalk, parkway, and curb and gutter? The sidewalk, parkway strip, and curb & gutter are typically made of concrete and located next to the street on the front and/or side portion of your property. The curb and gutter are located at the edge of the street pavement. The sidewalk is either separated from the curb by a parkway strip, or is located adjacent to the curb. Parkways are sometimes planted or filled in with brick or other materials. Who is responsible for maintenance? The property owner is responsible for properly maintaining this area (see San Luis Obispo Municipal Code Section 12.16.020 and Streets and Highway Code Division 7, Part 3, Chapter 22). This responsibility includes maintenance of damaged or displaced concrete and abatement of weeds or debris. While the City may be liable for injuries to pedestrians that are determined to have resulted from a dangerous condition of a public sidewalk, property owners should be aware that they may also be found liable if it is determined that their negligence caused someone to be harmed. When should property owners consider doing sidewalk replacement? Replacement of the sidewalk, curb and gutter concrete should be considered when one or more of the following exists: r When there is a vertical difference in height behveen sections of the sidewalk or concrete parkway strip of 3/4" or more. . Ifthe concrete has broken apart. r ln any instance where the owner has reason to know that the condition presents a danger to users, or the owner has observed someone trip because of damage to the surface. In addition to damaged sections of sidewalk, curb and gutter replacement is typically required when sidewalks and driveways are replaced, unless the sidewalk is separated from the curb by a parkway. Patching should be completed when horizontal openings greater than l/2" exist. What are the options available for completing the work? The City recommends construction of curbs, gutters, and sidewalks in City streets be performed by a properly licensed and insured contractor. A permit is required for concrete repair. Call (805)781-7015 for permit requirements. Are there inspections and standards for concrete repair work? Yes, all work and materials must be in conformance with the City of San Luis Obispo Engineering Standards for Public Works Construction. Before placing any concrete, you must have any tree root removal approved, and the saw cut, forms, and base inspected. After approval, a City-approved concrete mix must be used. The surface finish must be a light broom finish with score marks. After the work is completed, you must call for a final inspection. A permit is required for all concrete work in the public right-of-way. Engineering Standards for construction are available on the City's web site on the Public Works page www.slocity.org. For information on obtaining a permit call (805)781- 7015. Is the property owner responsible for repairs if the concrete damage is caused by a tree? The City encourages street trees in front of residences. (Municipal Code 12.24.010) The property owner is responsible for the maintenance of the street tree but the City will repair the sidewalk when the concrete has been damaged by a street tree, as funding is available, and timed with the atea rotation program. Concrete damaged by trees other than street trees is the responsibility of the property owner. Maintenance, trimming and replacement of street trees and shrubs is govemed by Chapter 12.24.110, 12.24.120 and 12.24.150 of the MunicipalCode. What measures should be taken to minimize concrete displacement by tree roots? Certain species of trees may raise concrete if preventative maintenance is not performed. To reduce the chance of future concrete displacement, trees can be root-pruned. Care must be taken when root pruning to avoid damaging underground utilities or destabilizing or harming the tree. This work must be completed by a licensed arborist. Also, deep- watering the tree, that is, applying a slow trickle of water over a Z4-hour period, encourages deeper root growth which reduces the chance of sidewalk damage. If a problem is reported to the City, how long does it take for a repair? When a report is made to the City, it is entered in to the work order program. Subject to the availability of resources and personnel, the City will attempt to review the site within a week of entry of the work order. If a temporary repair, such as grinding or ramping the area can be made, the City will generally attempt to complete that work within fwo weeks. Severe damage caused by a street tree, which cannot be repaired adequately, will be reconstructed as soon as resources and available personnel allow. Page 434 of 555 Public Works 91 9 Palm Skeet, San Luis 0bispo. CA S3401 '321 8 805.781.7200 slocity.org October L7,2023 Eric Michaels 1221 Avenue of Americas New York, NY 10020 Subject: Notice to Correct Sidewalk & Driveway Apron APN:001-105-007 Dear Property Owner, The sidewalk and driveway apron adjacent to your property at 859 Mission St. in the City of San Luis Obispo must be repaired. This is the section of sidewalk at 859 Mission St., and the neighboring driveway apron at 859 Mission St. is considered a dangerous condition that must be mitigated. The condition of the concrete has deteriorated so severely that a temporary repair effort by Public Works staff would fail in a very short time and make the sidewalk more of a hazard. This sidewalk was brought to our attention by a citizen complaint. The City of San Luis Obispo's Municipal Code identifies the curb, gutter, and sidewalk adjacent to your property as being the maintenance responsibility of the property owner, in this case, Eric Michaels 72.16.020 Property owner's responsibility - City Municipal Code The mointendnce, repoir, and collection of the cost of repair sholl be governed by the procedure set forth in Division 7, Port 3, Chopter 22 of the Streets ond Highwoys Code of the stote. (Prior code 5 7330.1) The appropriate sections of the Streets and Highway Code are included as an attachment to this letter. Below are some incrementaltimeframes to complete the work. Within 30 calendar days of this letter, you must acknowledge receipt of this letter Within 60 calendar days of this letter, you must submit to the City the necessary repair plans for the issuance of an encroachment permit. Within 90 calendar days of this letter, you must obtain an encroachment permit from the City to complete the necessary repair work. a a a Page 435 of 555 a Within 120 calendar days of this letter, you must complete the necessary repair work to the satisfaction of the City. This repair work can be costly; if you prefer to propose alternate timeframes for consideration, please submit those in writing to me within 30 calendar days of this letter. Failure to comply with this request could lead to formal Notices to Correct being issued with accelerated repairtimeframes as required by the Streets and Highways Code. Sincerely, Aaron Anderson Acting Streets Ma intena nce Supervisor aa nderso@slocitv.ors 805-781-4043 Attachments L. Attachment l- - Streets and Highway Code - Division 7 , Part 3, Chapter 22, Article 2 2. Photos 3. Sidewalk & Parkway Strip Maintenance brochure STREETS AND HIGHWAYS CODE . SHC DIVISION 7. THE IMPROVEMENT ACT OF 1911 PART 3. PERFORMING THE WORK CHAPTER 22. Maintenance of Sidewalks ARTICLE 2. Repairs 5610. The owners of lots or portions of lots fronting on anv portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain anv sidewalk in such condition e sidewalk will n sor ition wh hw interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. 5511.When anv oortion of the sidewalk is out of repair or oendine reconst ion and in condition to endanqer persons or oro or in condition to interfere with the oublic ence in the use of such rintendent owner or the frontins on that portion of such sidewalk so out of repair, to repair the sidewalk. 56t2. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. Page 436 of 555 5613. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. ln lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "second Notice," to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article but shall not extend the time for commencing repairs specified in Section 5614. 56L4.The notice shall rticularlv soecifv what work is ouired to be done. and how it i to be done. and what materials ll be used in the reoair and shall further soecifu that if the reoair i not commenced within two wee after notice is siven and dilisentlv and without interruotion orosec to comoletion. the suoerintendent of shall make such repair. and the cost of the same shall be a lien on the propertv. 5614.1. The legislative body may adopt a resolution determining that bonds shall be issued, and assessments collected and enforced pursuant to Part 5 of this division. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. 5515. lf the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment rollof the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner' The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held, and assessment and collection procedures are conducted. 5615. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. lf bonds are to be issued, the notice shall also contain the information required by Section 5614.I. 56L7. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. 5518. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of Page 437 of 555 the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. Page 438 of 555 Page 439 of 555 Page 440 of 555 Public Works Department 919 Palm St.Specification Number: 1000199 San Luis Obispo, CA Task Order No: 93401-3218 Location 1 Contingency *Total *For cost in excess of $100,000 attach City Manager Report approving purchase. Streets and Sidewalk Maintenance JOC - AUTHORIZATION City of San Luis Obispo Task Order Details Work Order No.Nearest Address Description 867 & 875 Mission Driveway Replacement Replacement of Driveway and sidewalk, creating ada compliance. Description of Project: Extra Work -$ 22,390.78$ 3,731.80$ Unit Price Work 18,552.50$ Asphalt Material 106.48$ Estimated Costs Page 441 of 555 Item No.Item Description Unit of Measure Unit Price Estimated Quantity Estimated Cost Actual Quantity Final Cost 1CCO1 Edge Grind SQFT 10.25$ -$ -$ 2CCO1 1.75" Thin Maintenance Overlay SQFT 13.33$ -$ -$ 3CCO1 2” AC Grind & AC Overlay-1/2'' Aggregate SQFT 41.00$ -$ -$ 4CCO1 6” AC Pavement - Excavation & Restoration SQFT 9.23$ -$ -$ 5CCO1 10” AC Pavement - Excavation & Restoration SQFT 13.33$ -$ -$ 6CCO1 8” PCC with 3” max AC Cap - Excavation & Restoration SQFT 29.73$ 50 1,486.25$ -$ 7CCO1 Class II Aggregate TON 87.13$ -$ -$ 8CCO1 Trench Backfill Sand TON 76.88$ -$ -$ 9CCO1 AC Dike - Caltrans A87B LF 23.58$ -$ -$ 10CCO1 Pavement Reinforcing Fabric SQYD 71.75$ -$ -$ 11CCO1 Geo Textile Grid SQYD 51.25$ -$ -$ 12CCO1 Fog Seal SQYD 25.63$ -$ -$ 13CCO1 Pavement Marking-Caltrans A24 SQFT 18.45$ -$ -$ 14CCO1 12'' White Line Limit Line LF 20.50$ -$ -$ 15CCO1 Traffic Stripe-Caltrans A20A Detail 1 LF 20.50$ -$ -$ 16CCO1 Traffic Stripe - Caltrans A20A Detail 2 LF 20.50$ -$ -$ 17CCO1 Traffic Stripe - Caltrans A20A Detail 8 LF 20.50$ -$ -$ 18CCO1 Traffic Stripe - Caltrans A20A Detail 9 LF 20.50$ -$ -$ 19CCO1 Traffic Stripe - Caltrans A20B Detail 22 LF 23.58$ -$ -$ 20CCO1 Traffic Stripe - Caltrans A20D Detail 29 LF 23.58$ -$ -$ 21CCO1 Traffic Stripe - Caltrans A20D Detail 38 LF 23.58$ -$ -$ 22CCO1 Traffic Stripe - Caltrans A20D Detail 39 LF 23.58$ -$ -$ 23CCO1 Traffic Stripe - Caltrans A20D Detail 39A LF 23.58$ -$ -$ 24CCO1 Reflective Pavement Marker-All Types EA 35.88$ -$ -$ 25CCO1 Hi-Vis-Crosswalk-STD 7350 LF 307.50$ -$ -$ 26CCO1 Bike Lane Buffer LF 30.75$ -$ -$ 27CCO1 Green Bike Lane Coating-STD 7360 SQFT 51.25$ -$ -$ 28CCO1 Remove Traffic Stripe LF 15.38$ -$ -$ 29CCO1 Remove Pavement Marking SQFT 15.38$ -$ -$ 30CCO1 Remove & Replace Sidewalk - Std. 4110 (Area Under 60 SQFT)SQFT 71.75$ 50 3,587.50$ -$ 31CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - 60 to 180 SQFT) SQFT 61.50$ -$ -$ 32CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - over 180 SQFT) SQFT 51.25$ -$ -$ 33CCO1 Remove & Replace Curb and Gutter - Std. 4030 LF 92.25$ -$ -$ 34CCO1 Remove & Replace Curb Ramp - Std. 4440 SQFT 24.60$ -$ -$ 35CCO1 Remove & Replace Cross Gutter - Std. 4310 SQFT 205.00$ -$ -$ 36CCO1 Remove & Replace Driveway Ramp - Std. 2110,2111,2115,2116 SQFT 35.88$ 250 8,968.75$ -$ 37CCO1 Mission Style PCC Coloring and Salt Finish SQFT 6.15$ -$ -$ 38CCO1 Mission Style Tile Installation per Std. 4220 LF 71.75$ -$ -$ 39CCO1 Single Mission Tile Installation - Std. 4220 EA 82.00$ -$ -$ 40CCO1 Replace Truncated Domes - Std. 4440 SQFT 71.75$ -$ -$ 41CCO1 Repaint Curb LF 6.15$ -$ 42CCO1 Furnish & Install Metal Post - Std. 7210 EA 666.25$ -$ -$ 43CCO1 Furnish & Install Metal Post - Std. 7215 EA 717.50$ -$ -$ 44CCO1 Furnish and Install Sign EA 512.50$ -$ -$ 45CCO1 Reconstruct Guardrail - Caltrans A77A1 LF 512.50$ -$ -$ 46CCO1 Furnish and Install Tree Well - Std. 8130, 4'x4'EA 5,125.00$ -$ -$ 47CCO1 Furnish and Install Tree Well - Std. 8130, 5'x5'EA 5,945.00$ -$ -$ 48CCO1 Furnish and Install Tree Well - Std. 8130, 6'x6'EA 7,175.00$ -$ -$ 49CCO1 Enlarge Tree Grate Opening EA 256.25$ -$ -$ 50CCO1 Catch Basin - Std. 3350 EA 15,375.00$ -$ -$ 51CCO1 Catch Basin - Std. 3355 EA 18,450.00$ -$ -$ 52CCO1 Catch Basin - Std. 3355A EA 12,300.00$ -$ -$ 53CCO1 Catch Basin - Std. 3360 EA 18,450.00$ -$ -$ 54CCO1 Adjust Utility Cover - Std. 6040 EA 768.75$ -$ -$ 55CCO1 Manhole Frame and Cover Replacement - Std. 6040 EA 2,562.50$ -$ -$ 56CCO1 Manhole Replacement - Std. 3530 or 6610 EA 13,325.00$ -$ -$ 57CCO1 Manhole Coating EA 30,750.00$ -$ -$ 58CCO1 Construct Well / Cleanout - G5 - Std. 6710 EA 1,230.00$ -$ -$ 59CCO1 Potholing (Depth - 0’ to 4')EA 666.25$ -$ -$ 60CCO1 Potholing (Depth - 4' to 8')EA 973.75$ -$ -$ 61CCO1 Potholing (Depth - 8'+)EA 1,332.50$ -$ -$ 62CCO1 Pipe Excavation & Restoration (Depth - 0’ to 2.5’)LF 205.00$ -$ -$ 63CCO1 Pipe Excavation & Restoration (Depth - 2.5’ to 8.5’) Shoring Required LF 410.00$ -$ -$ 64CCO1 Pipe Excavation & Restoration (Depth - 8.5’+) Shoring Required LF 666.25$ -$ -$ 65CCO1 Traffic Control - Eng. Std. Appendix G – Fig A HR 133.25$ -$ -$ 66CCO1 Traffic Control - Eng. Std. Appendix G – Fig B HR 256.25$ -$ -$ 67CCO1 Traffic Control - Eng. Std. Appendix G – Fig C HR 205.00$ -$ -$ 68CCO1 Traffic Control - Eng. Std. Appendix G – Fig D HR 256.25$ -$ -$ 69CCO1 Traffic Control - Eng. Std. Appendix G – Fig E HR 153.75$ -$ -$ 70CCO1 Traffic Control - Eng. Std. Appendix G – Fig F HR 205.00$ -$ -$ 71CCO1 Traffic Control - Eng. Std. Appendix G – Fig G HR 205.00$ -$ -$ 72CCO1 Traffic Control - Eng. Std. Appendix G – Fig H HR 153.75$ -$ -$ 73CCO1 Traffic Control - Eng. Std. Appendix G – Fig I HR 205.00$ -$ -$ 74CCO1 Traffic Control - Eng. Std. Appendix G – Fig J HR 205.00$ -$ -$ 75CCO1 Traffic Control - Eng. Std. Appendix G – Fig K HR 169.13$ -$ -$ 76CCO1 Traffic Control - Eng. Std. Appendix G – Fig L HR 358.75$ -$ -$ 77CCO1 Traffic Control - Eng. Std. Appendix G – Fig M HR 133.25$ -$ -$ 78CCO1 Traffic Control - Eng. Std. Appendix G – Fig N HR 256.25$ -$ -$ 79CCO1 Traffic Control - Eng. Std. Appendix G – Fig O HR 287.00$ -$ -$ 80CCO1 Traffic Control - Eng. Std. Appendix G – Fig P HR 102.50$ 8 820.00$ -$ Unit Price Contract Work Page 442 of 555 81CCO1 Minor Traffic Control HR 76.88$ 48 3,690.00$ -$ 82CCO1 Abandon and Grout (E) Sanitary Sewer with Flowable Fill CY 153.75$ -$ -$ 83CCO1 2" SCH 40 Conduit, 2-Sac Concrete Capped LF 61.50$ -$ -$ 84CCO1 4" SCH 40 Conduit, 2-Sac Concrete Capped LF 66.63$ -$ -$ 85CCO1 2" SCH 40 Conduit, City Standard 6035 - Trench Detail LF 66.63$ -$ -$ 86CCO1 4" SCH 40 Conduit, City Standard 6035 - Trench Detail LF 71.75$ -$ -$ 87CCO1 Electrical Pull Box, PG&E Type #2 (17"x30"x26")LF 1,025.00$ -$ -$ 88CCO1 Pexco City Post (EAC Mount), 36'' Height, white w/ 3 Grey retroreflective strips ( or approved equal)LF 256.25$ -$ -$ 89CCO1 Pexco City Post (EAC Mount), 18'' Height, white w/ 3 Yellow retroreflective strips ( or approved equal)LF 230.63$ -$ -$ Estimated Cost 18,552.50$ Actual Cost -$ Estimate Tons Unit Price Cost 15% Markup Site Total 0.93 100.00$ 92.59$ 13.89$ 106.48$ Estimate Total 106.48$ Tons Unit Price Cost 15% Markup Ticket Total -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Actual Total -$ Estimate Est. No.Location Cost 111 Location X -$ 222 Location Y -$ -$ Actual EW No.Location Cost 111a Location X -$ 222b Location Y -$ -$ Install B Task Actual Actual Total Estimated Total 1234 Plant 1234 Plant 1234 Plant Asphalt Concrete Material Extra Work Ticket Number and Plant 1234 Plant Install A Install B Task Install A Page 443 of 555 Task Order - Paving Estimate Location Work Order Address Description No. Patches L1 (ft)W1 (ft)L2 (ft)W2 (ft)L3 (ft)W3 (ft) Area (SF) AC Depth (in) PCC/AC Edge Grind (SF) Reinforcing Fabric (SY) Adjust Utility Cover (EA)Tons of AC Adjusted Striping Detail Striping (ft/SF/EA) Traffic Control #1 Traffic Control #2 Hours Notes 1 867 Mission Pave Out 25 2 50.0 Yes 1.75 Fog Seal Minor 2 A24 A 6 12" White Line B 10 1 C 50.0 PCC/AC 2 D 8 E 9 F 22 G 29 H 38 I 39 J 39A K Markers L Crosswalk M Bike Lane Buffer N Green Bike Lane Coating O Remove Traffic Stripe P Remove Marking Page 444 of 555 Task Order - Concrete Estimate Location Work Order Address Description No. Patches Total Length L1 (ft) Total Width W1 (ft) Tree Well Length (Deduction) L2 (ft) Tree Well Width (Deduction) W2 (ft) Number of Tree Wells Other (Deduction) L3 (ft) Other (Deduction) W3 (ft) Area (ft2) Mission Style Mission Style Tile (ft) Curb and Gutter (ft) Curb Ramp (SF) Truncated Domes (SF) Cross Gutter (SF) Driveway Ramp (SF) Repaint Curb (ft) 1 867 Mission Driveway Replacement 1 10 5 50.0 250 Replacement Tree Wells 50.0 Regular 250 4'Mission 5' 6' Enlarge Page 445 of 555 Metal Sign Posts and Sign (EA) Traffic Control Hours Notes Cover Page Description Minor 48 P 8 Minor 48 A B C D E F G H I J K L M N O P 8 Page 446 of 555 Public Works 919 Palm Street, San Luis obisp0. CA S3401 -321 B 805 /81 7200 slociE.orq February I0,2025 INGODWE Trust 867 Mission St. San Luis Obispo, CA 93405 Subject: Second lnformal Noticd to Repair Sidewalk - 867 Mission St., San Luis Obispo Dear Property Owner The sidewalk and driveway apron adjacent to your property located at 867 Mission St in the City of San Luis Obispo has been identified as a dangerous condition and must be mitigated. The City's Streets Maintenance Program has made temporary repairs; however, you as the adjacent property owner are responsible for the permanent repairs in compliance with the City's Engineering Standards. The City of San Luis Obispo's Municipal Code identifies the improvements between the street line and property line as being the maintenance responsibility of the adjacent property owner. . San Luis Obispo Municipal Code 12.16.020 - Property Owner's Responsibility The maintenonce, repair and collection of the cost of repoir sholl be governed by the procedure set forth in Division 7, Port 3, Chopter 22 of the Steets ond Highwoys Code of the stote. (Prior code g 7330.1-) Public Works Department staff sent you the first lnformal Notice to Correct on 10/17 /2023, with the request to complete the necessary work within 120 days to the satisfaction of the City. After a review of the file and inspection of the property, staff has noted the conditions have not been corrected. You shall obtain an Encroachment Permit no later than 4/1.12025 and complete the repairs within 30 days of this of the permit issuance. Failure to comply with the above-stated dates will result in the City issuing a formal Notice to Correct and the work being completed by the City's contractor. lt should be noted, if the work is completed by a City contractor, the work is subject to prevailing wage requirements. A hearing has been added to the 5/20/2025 City Council agenda to seek approval for the necessary work and to pursue reimbursement through a special assessment and lien, should the work not be completed by the above stated date. Please feelfree to contact me with any questions at nstephenson@slocity.org. Page 447 of 555 Sincerely, Nehimiah Stephenson Maintenance SuPerintendent Public Works DePartment Attachments: previous Correspondences, Photos, Sidewalk Brochure, Applicable Streets and Highways Code Page 448 of 555 Arcas of'less severe damage are cornpleted as the next priority, working around the City in a systernatic l'ashion in advance of the paving prograrn" 'l'hat can nrean the sidewalk will not be replaced lbr several years. Darnage other than that caused by street trees needs to be completed by the properry owner. Related to sidewalk repair is clearance and visibility. When is maintenance required? . Visibility When parkway strip shrubbery interlbres with the ability of a driver to see pedestnans or approaching traftrc. either tiorn a driveway or an itrtersc-ctiorr, trilnnring of'shrubs nrust be cornpleted by the property owner. Shrubs rllust be trirnlned to a maxirnurn height of 36", fbr a minimurn distance o1' 30' fiorn arl intersection. (MLrnicipal Llode 10.60 and 11.lr6.020) . Walkway and Cutter Clearance - 'lrirnmirrg of'ground cover or shrubs is required when the plants extend onto or over the sidewalk, gutter, or street. r Parkway Strip Condition - All tree slulxps, large rocks. trash and holes rrrust be removed by the property owner. 'Ihe parkway strilt nrust be ievel and holes nrust be filled and leveled with dirt or other nraterial. When is a permit required for landscape maintenance work? 11'the sidewalk or the street nlLlst be closed for the work, a permit is required frotn Public Works. Call (805)781-7015 fbr additional irrfbrrration. lf a tree is to be retnoved. a tree removal perrnit rnust be obtained. Applicatiorrs lor tree removal are available on the City's web site on lhe Public Works page www.slocity.org or call 78 1-1220 fbr additiorral infbrrnation. (rual = -'7 @aa ^_p\JP=(to .- € o-c. oq ro- \o -o (,J Og CrrvoF SflNL(IISONTSPO Sidewalk & Parkway Strip Maintenance Property Owner Responsibilities Department of Public Works 805-78 t-7220 805-781-7015 Page 449 of 555 l'he City recerves rnany requests irorr citizerrs ttr nrake repairs to sidewalks. 'l'his brochure provides gerreral inforrnatiorr to the public orr this sub.ject. What is the sidewalk, parkway, and curb and gutter? l he sidewalk. parkway strip" and curb & gutter are typically rnade of concrete and located next to the street on the front and/or side portion of your property. '['he curb and gutter are located at the edge of the street pavement. The sidewalk is cither separated fiom the curb by a parkway strip. or is located adjacerrt to the curb. Parkways are sornetirnes planted or fllled in with brick or othcr materials. Who is responsible for maintenance?'l'he property owner is responsible for properly rrraintaining this area (see Sarr L.uis Obispo MLrnicipal Code Section 12.16.020 and Streets and llighway (lode Divisiorr 7, Pafi 3. Chapter 22). l'his responsibility inclr-rdes rlaintenance ol' darnaged or displaced concrete and abatement o1' weeds or debris. While the City may be liable for in.juries to pedestriarrs that are deternr irred to have lesulted frorn a dangerous condition of a pLrblic sidewalk, property owners should be awarc that they rnav also be found liable if it is dcternrined that their negligerrce caused soulcone to be harrrcd. When should property owners consider doing sidewalk replacement? Replacernent of the sidewalk, curb and gutter concrete should be considered when one or rrore of' the fbllowing exists: . When there is a vertical ditl-erence rn lreight between sections of the sidewalk or concrete parkway strip o1'3/4" or nttlre. . ll'the concrete has brokerr apart. r ln any instance where the owner has reasolr to krrow that the corrdition presents a dauger to Llsers. or the owner has observcd somcone trip because o1-darnage to the surflace. ln addition to darnaged sections o1'sidewalk, curb and gutter replacerrent is typically required when sidewalks and driveways are replaced. unless the sidewalk is separated fiorl the curb by a parkway. Patching should be cornpleted when horizontal opcnings greater than l/2" exist. What are the options available for completing the work? 1'he Clity recornmends construction ol cirrbs, gutters, ancl sidewalks irr C ity streets be perforrned by a properly licensed arrd insr,rred contractor. A perrlit is required ftrr concrete repair. Call (805)781-7015 for permit req uirerre nts. Are there inspections and stanclards for concrete repair work? Yes. all work and rrraterials musl be in confirrr.nance with the (iity of' San [.uis Obispo frrrgineering Stanclards tbr Public Worl<s (lonstruction. Bef<lre placing any concrete. you must have any tree root removal approved, and the saw cut, forms, and base inspected. Alier approval, a City-approved concrete rlix r.rrust be Lrsed. The sr"rrfbce linish rnust be a light brotlnr finish with score niarks. After the wol'k is conrpleted, you must call lirr a tlnal irrspection. A perrrit is required firr all concrete work in the public right-ot'-way. [rngineering Stanc'lards for construction are available on the City's web site cln the Public Works page www,slocity.org. For inforrrration on obtaining a perrlit call (805)781- 7015. ls the propcrty owner responsible for repairs if the concrete tlarnage is caused by a tree? 1'he City encourages street trees in fiont ol residences. (MLrnicipal Code 12.24.010) I'he property owner is responsible filr the maintenance of the street tree but the City will repair the sidewalk when the concrete has been damaged by a street tree, as funcling is available. and tirrred with 1he area rotation prograrn. Concrete darnaged by trees other tharr street trees is the responsibility ol' the property owner, Maintenance, h'irrrnring and replacement of street trees ancl slrrubs is governed by Chapter 12.24.110. .2.24.120 and 12.24.150 of' the MLrnicipal Code, What measures should be taken lo minimrz.e concrete displacement by tree roots? Llertain species of trees rnay raise concrete i1' preventative r.naintenance is not perfbrrned. I'o reduce the chance o1' flutLrre concrele displacernerrt, trees can be root-prLrned. Care r.nust be taken wlren root pnrning to avoid darnaging undergrourrd utilities or destabilizing or harmirrg the tree. -l'his work must be conrpletecl by a licensed arborist. Also, deep- watering the tree, that is. applying a slow trickle ol' water over a 24-hour period, encouragss cleepcr rool growth which redirces the chance of' sidewalk damage. lf a problem is reported to the City, how long does it take for a repair? When a report is nrade to the City" it is entered in to the wclrk order prograrn. SLrb.ject 1o the availability of resoulces and perst>nnel. the City will attempt to review the site within a week ot' entry of the work order. lf a ternporary repair, such as grindirrg or ramping the area can be rnade. the City wili generally attempt to complete that work witlrin two weeks. Severe darlage caused by a street tree, which cannol bc repaired aclequately, will be reconstrucled as soon as rcsourccs and available personnel allow. Page 450 of 555 Public Works 919 Palm Streel. San Luis Olrisp0. CA 93401'321 I 805./81.7200 sl0c'ty.0rg October 17,2023 INGODWE Trust 867 Mission St. San Luis Obispo, CA 93405 Subject: Notice to Correct Sidewalk & Driveway Apron APN:001-105-008 Dear Property Owner, The sidewalk and driveway apron adjacent to your property at 867 Mission St. in the City of San Luis Obispo must be repaired. This is the section of sidewalk at 867 Mission St., and the neighboring driveway apron at867 Mission St. is considered a dangerous condition that must be mitigated. The condition of the concrete has deteriorated so severely that a temporary repair effort by Public Works staff would fail in a very short time and make the sidewalk more of a hazard. This sidewalk was brought to our attention by a citizen complaint. The City of San Luis Obispo's Municipal Code identifies the curb, gutter, and sidewalk adjacent to your property as being the maintenance responsibility of the property owner, in this case, INGODWE Trust 72.76.020 Property owner's responsibility - City Municipal Code The maintenonce, repoir, ond collection of the cost of repoir shall be governed by the procedure set forth in Division 7, Port 3, Chapter 22 of the Streets ond Highwoys Code of the stote. (Prior code 5 7330.1-) The appropriate sections of the Streets and Highway Code are included as an attachment to this letter. Below are some incremental timeframes to complete the work. Within 30 calendar days of this letter, you must acknowledge receipt of this letter Within 60 calendar days of this letter, you must submit to the City the necessary repair plans for the issuance of an encroachment permit. Within 90 calendar days of this letter, you must obtain an encroachment permit from the City to complete the necessary repair work. a a Page 451 of 555 a Within 120 calendar days of this letter, you must complete the necessary repair work to the satisfaction of the City. This repair work can be costly; if you prefer to propose alternate timeframes for consideration, please submit those in writing to me within 30 calendar days of this letter. Failure to comply with this request could lead to formal Notices to Correct being issued with accelerated repair timeframes as required by the Streets and Highways Code. Sincerely, Aaron Anderson Acting Streets Ma intena nce Su pervisor aa nd e rso (dslocitv.ors 805-78 1-4043 Attachments: L Attachment l- - Streets and Highway Code - Division 7, ParI3, Chapter 22, Arlicle 2 2. Photos 3. Sidewalk & Parkway Strip Maintenance brochure STREETS AND HIGHWAYS CODE . SHC DIVISION 7. THE IMPROVEMENT ACT OF 1911 PART 3. PERFORMING THE WORK CHAPTER 22. Maintenance of Sidewalks ARTICLE 2. Repairs 5610. The owners of lots or portions of lots fronting on anV portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip,shall maintain anv lk in such condition that the sidewa will not endanser oersons or o pertv and maintain it in a conditi on which will not interfere with the pub lic convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. 5511.When anv oort ion of the sidewalk is out of reo ir or pending recon struction and in condition to endanAer Persons or prooertv or in condition to interfere with the public convenience in the use of such sidewalk. the su erintendent of streets shall notifv the owner or oerson in oossessi of the orooertv frontins on t t portion of such sidewalk so out of repair. to reoa ir the sidewalk. 56!2. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. Page 452 of 555 5613. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by L0 inches in size, to be posted in a conspicuous place on the property. ln lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than L0 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "second Notice," to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article but shall not extend the time for commencing repairs specified in Section 5614. 5514. The notice shall particularlv specifv what work is required to be done. and how it is to be done, and what materials shall be used in the repair and shall further specifv that if the repair is not commenced within two weeks after notice is given and diligentlv and without interruption prosecuted to comPletion, +ha cr rnarinfanr{ant nf cf ch all make e,,ah ranrir rnr{ f ha rncf nf f ho ca me shall l.ra r lian nn tha propertv. 5614.L. The legislative body may adopt a resolution determining that bonds shall be issued, and assessments collected and enforced pursuant to Part 5 of this division. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. 5615. lf the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment rollof the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held, and assessment and collection procedures are conducted. 5516. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. lf bonds are to be issued, the notice shall also contain the information required by Section 56t4.1,. 56L7. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. 5618. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of Page 453 of 555 the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. Page 454 of 555 Page 455 of 555 Page 456 of 555 From:Stephenson, Nemo To:"K K" Cc:Cruce, Greg Subject:RE: 867 Mission Street (sidewalk) Date:Wednesday, March 19, 2025 3:52:00 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png Good afternoon Mr. and Mrs. Kelley, Thank you for making time to meet with us yesterday to discuss the Notice to Correct and sidewalk conditions adjacent to your property at 867 Mission St. During our site visit, you informed us you do not agree with staff’s determination and asked what the appropriate next steps were to resolve this. In this email, I’ll include contact information for the Public Works Director, Assistant City Manager, and City Manager. You can contact them directly to inform them of any concerns you have. As mentioned yesterday, there will also be an opportunity to speak directly to Council prior to or at the May 20, 2025, meeting when this item is scheduled for a public hearing. Matt Horn, Director of Public Works mhorn@slocity.org Scott Collins, Assistant City Manager scollins@slocity.org Whitney McDonald, City Manager WMcDonal@slocity.org I appreciate your time and please feel free to contact me with additional questions. Nemo Stephenson Maintenance Superintendent City of San Luis Obispo Public Works Signals and Streets 25 Prado Road, San Luis Obispo, CA 93401-7314 E nstephenson@slocity.org T 805.783.7813 C 805.439.7016 slocity.org Stay connected with the City by signing up for e-notifications From: Stephenson, Nemo Sent: Wednesday, March 12, 2025 8:53 AM To: K K <slohappy2@gmail.com> Cc: Cruce, Greg <gcruce@slocity.org>; Gutierrez, Anthony <AGutierrez2@slocity.org> Page 457 of 555 Subject: RE: 867 Mission Street (sidewalk) Good morning Mr. and Mrs. Kelley, Thank you for making time to meet with us. I am confirming that we will meet with you on March 18th, 2025, at 10:00am at the address of 867 Mission St, San Luis Obispo. Have a great rest of your week, Nemo Stephenson Maintenance Superintendent City of San Luis Obispo Public Works Signals and Streets 25 Prado Road, San Luis Obispo, CA 93401-7314 E nstephenson@slocity.org T 805.783.7813 C 805.439.7016 slocity.org Stay connected with the City by signing up for e-notifications From: K K <slohappy2@gmail.com> Sent: Tuesday, March 11, 2025 5:59 PM To: Stephenson, Nemo <nstephenson@slocity.org> Subject: Re: 867 Mission Street (sidewalk) Mr. Stephenson, Thank you for your response. We would like to meet you in front of our home at 867 Mission St on March 18th, 2024 at 10am per your message to further discuss the sidewalk topic. Please confirm this works for you and we will add to our calendar. Thank you, The Kelleys From: Stephenson, Nemo <nstephenson@slocity.org> Page 458 of 555 Sent: Thursday, March 6, 2025 1:23 PM To: K K <slohappy2@gmail.com> Cc: Cruce, Greg <gcruce@slocity.org> Subject: RE: 867 Mission Street (sidewalk) Kalvin and Cynthia Kelley, I am responding to confirm receipt of your email and answer your questions regarding the Notice of Correction. The Notice of Correction letter that was sent to you on 2/10/2025, is a second notice to make sidewalk repairs adjacent to your property. Public Works Department staff sent you the first Informal Notice to Correct on 10/17/2023, with the request to complete the necessary work within 120 days to the satisfaction of the City. I understand you met with Mr. Anderson who was filling in as Supervisor in an interim basis, and I will be your point of contact moving forward. After a review of the file and inspection of the property, staff has noted the conditions have not been corrected. I am providing Q&A as follows: 1. We are requesting information on who we can meet with from the city to discuss opposing perspectives. 1. I would be happy to meet with you to discuss the repairs being required. 2. Is there a dispute coordinator? What are the formal channels that a resident has available? 1. Greg Cruce is the Deputy Director of Maintenance Operations. He and I can schedule a meeting with you to coordinate any dispute. We would like the opportunity to discuss available options residents have. 3. Does the city manager address such issues? 1. The City Manager appoints Department Heads who staff report to. The City Manager does not have daily direct involvement with issues like this but is aware of policy. My recommendation would be to meet with Public Works staff (myself and Greg Cruce) and elevate any concerns after this meeting to the Public Works Director, Matt Horn. 4. Please let us know in writing what is available to residents. 1. Meeting with myself as the Maintenance Superintendent and the Public Works Deputy Director is a great option to work towards a resolution. Page 459 of 555 We are available to meet with you on the following dates and times. If these times are inconvenient, please give us some alternative options. 1. Tuesday 3/18/25 at 10:00am 2. Wednesday 3/19/25 at 3:00pm For your review, I have also included a copy of the City Council Agenda packet from 2013 when the City Council adopted the current sidewalk program. Thank you, Nehemiah Stephenson Nemo Stephenson Maintenance Superintendent City of San Luis Obispo Public Works Signals and Streets 25 Prado Road, San Luis Obispo, CA 93401-7314 E nstephenson@slocity.org T 805.783.7813 C 805.439.7016 slocity.org Stay connected with the City by signing up for e-notifications From: K K <slohappy2@gmail.com> Sent: Wednesday, March 5, 2025 12:31 PM To: Stephenson, Nemo <nstephenson@slocity.org> Subject: 867 Mission Street (sidewalk) Page 460 of 555 This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. To: Nehimiah Stephenson, Maintenance Superintendent City of San Luis Obispo Public Works From: Kalvin and Cynthia Kelley (InGodwe Trust) Subject: 867 Mission Street (sidewalk) Dear Mr. Stephenson, We are writing in response to the letter we received from you dated February 10, 2025. The letter states that our sidewalk and driveway apron are in a “dangerous condition” and the City’s Streets Maintenance Program has made temporary repairs. Our formal reply is that we do not agree with either of these statements. Our sidewalk is not in a dangerous condition. It does not “endanger persons or property” nor does it “interfere with public convenience.” We stated this in our written response to a similar letter from Aaron Anderson, Acting Streets Maintenance Supervisor, dated October 17, 2023. The 2023 letter had two photos attached. One photo showed the front of our house with the focus on the road condition rather than our sidewalk. The other photo’s focus was on our neighbor’s driveway apron, rather than on ours. We met with Mr. Anderson in person at our location in November, 2023 for him to point out any “dangerous conditions” within our property lines, but he was unable to identify any. We considered the matter closed so we were surprised to receive another letter basically stating the same facts as the first letter. Your letter also stated the city has made temporary repairs on our sidewalk, which is not accurate. No work has been done by the city on our sidewalk section. We are requesting information on who we can meet with from the city to discuss opposing perspectives. Is there a dispute coordinator? What are the formal channels that a resident has available? Does the city manager address such issues? Please let us know in writing what is available to residents. Can you also please confirm receipt of this letter? Thank you, Kalvin and Cynthia Kelley Page 461 of 555 From:slohappy2 To:Anderson, Aaron Subject:RE: Sidewalk letter receipt and extension request. Date:Wednesday, November 15, 2023 1:47:16 PM Sounds good! Thanks -------- Original message -------- From: "Anderson, Aaron" Date: 11/15/23 1:39 PM (GMT-08:00) To: slohappy2 Subject: RE: Sidewalk letter receipt and extension request. Hello, I’m in a meeting until about 2 PM. I may be able to come by directly after and will call you to confirm. I’ll be in touch soon. From: slohappy2 Sent: Wednesday, November 15, 2023 1:31 PM To: Anderson, Aaron Subject: RE: Sidewalk letter receipt and extension request. Aaron, Thanks for the message. We can meet now until 2:30 pm today. Are you still available? Thanks The Kelley's 805 458 7291 -------- Original message -------- From: "Anderson, Aaron" <aanderso@slocity.org> Date: 11/15/23 9:54 AM (GMT-08:00) To: slohappy2 <slohappy2@gmail.com> Subject: RE: Sidewalk letter receipt and extension request. Kalvin & Cynthia, I’d be happy to meet you at your property and answer any questions you have. I have some availability today from 2:30 -4:30 PM and Thursday from 8 AM-10:30 AM and Thursday Page 462 of 555 afternoon from 1 PM – 4 PM. If any of these times work for you please let me know, or we can schedule something for next week. Best, Aaron Anderson 805-540-4019 cell From: slohappy2 <slohappy2@gmail.com> Sent: Tuesday, November 14, 2023 3:35 PM To: Anderson, Aaron <aanderso@slocity.org> Subject: Sidewalk letter receipt and extension request. This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Aaron Anderson, We are writing this letter for a few reasons: 1. To acknowledgement receipt of your sidewalk letter for 867 Mission Street, San Luis Obispo, CA 93405 2. Ask for clarification from your department, as we do not agree that our sidewalk “endangers persons or property” nor does it “interfere with public convenience.” We would like to request a meeting, on location, with a representative from your department to better understand the definitions, and or standards, by which our sidewalk is measured. Please call or write us regarding dates and times of availability for a department representative. (see contact information below) 3. To propose alternate timeframes for consideration if it is determined that repairs must be made. The timelines proposed by your office are short given the time of year, scope of work, and cost involved. We would like to request the maximum timeframe postponement. 4. To point out that our driveway is shared with a neighbor and coordination with another family will certainly cause delays. Would you also please confirm receipt of this email so we know you received this message. Respectfully, Kalvin and Cynthia Kelley (805) 458-7291 Page 463 of 555 byReceivedB. DERI CAMPLETE rH'S SECTION A.Signature x E Agent C. Date of Delivory Yes No 1.Articte 2.Article Number from (t]1,1 ee6B 80011 1t{ D, ls delivery address different {rom item 1? lf YES, enter detivery address below:tr 3.Service Type tr Adult Signature Restricted DelNery tr to: I J L TN Cr0D\'lfni LJ&S-gl..rl So,nwis OolBPo ' 0F,1S'l 05 \ Nlll\llllll 9590 9402 illlllllllll 8995 4 illlllllllllll\ll\l 122 4044 11 $."1,?".u'ot"o o""u"o tr Collect EI Collect lnsured Mail Resticted Delivery 3l B?fi,ul,3fl ne"t'i"t"o o"werY 1,3 7317 Domestic Return Reoeipt . PS Form 1, .tuty 2O2O PSN Page 464 of 555 I I I I / / l l I I l I I I l I IililI t( First-Class Postage & USPS Fees paid Mail Permit No, G-10 Itlu.:tsarr Luis oEipb Public Works z5 prado Road o tn box. o1 NPTF nl qh ske San Luis your name, Page 465 of 555 Page 466 of 555 Public Works Department 919 Palm St.Specification Number: 1000199 San Luis Obispo, CA Task Order No: 93401-3218 Location 1 Contingency *Total *For cost in excess of $100,000 attach City Manager Report approving purchase. Streets and Sidewalk Maintenance JOC - AUTHORIZATION City of San Luis Obispo Task Order Details Work Order No.Nearest Address Description 867 & 875 Mission Driveway Replacement Replacement of Driveway and sidewalk, creating ada compliance. Description of Project: Extra Work -$ 22,390.78$ 3,731.80$ Unit Price Work 18,552.50$ Asphalt Material 106.48$ Estimated Costs Page 467 of 555 Item No.Item Description Unit of Measure Unit Price Estimated Quantity Estimated Cost Actual Quantity Final Cost 1CCO1 Edge Grind SQFT 10.25$ -$ -$ 2CCO1 1.75" Thin Maintenance Overlay SQFT 13.33$ -$ -$ 3CCO1 2” AC Grind & AC Overlay-1/2'' Aggregate SQFT 41.00$ -$ -$ 4CCO1 6” AC Pavement - Excavation & Restoration SQFT 9.23$ -$ -$ 5CCO1 10” AC Pavement - Excavation & Restoration SQFT 13.33$ -$ -$ 6CCO1 8” PCC with 3” max AC Cap - Excavation & Restoration SQFT 29.73$ 50 1,486.25$ -$ 7CCO1 Class II Aggregate TON 87.13$ -$ -$ 8CCO1 Trench Backfill Sand TON 76.88$ -$ -$ 9CCO1 AC Dike - Caltrans A87B LF 23.58$ -$ -$ 10CCO1 Pavement Reinforcing Fabric SQYD 71.75$ -$ -$ 11CCO1 Geo Textile Grid SQYD 51.25$ -$ -$ 12CCO1 Fog Seal SQYD 25.63$ -$ -$ 13CCO1 Pavement Marking-Caltrans A24 SQFT 18.45$ -$ -$ 14CCO1 12'' White Line Limit Line LF 20.50$ -$ -$ 15CCO1 Traffic Stripe-Caltrans A20A Detail 1 LF 20.50$ -$ -$ 16CCO1 Traffic Stripe - Caltrans A20A Detail 2 LF 20.50$ -$ -$ 17CCO1 Traffic Stripe - Caltrans A20A Detail 8 LF 20.50$ -$ -$ 18CCO1 Traffic Stripe - Caltrans A20A Detail 9 LF 20.50$ -$ -$ 19CCO1 Traffic Stripe - Caltrans A20B Detail 22 LF 23.58$ -$ -$ 20CCO1 Traffic Stripe - Caltrans A20D Detail 29 LF 23.58$ -$ -$ 21CCO1 Traffic Stripe - Caltrans A20D Detail 38 LF 23.58$ -$ -$ 22CCO1 Traffic Stripe - Caltrans A20D Detail 39 LF 23.58$ -$ -$ 23CCO1 Traffic Stripe - Caltrans A20D Detail 39A LF 23.58$ -$ -$ 24CCO1 Reflective Pavement Marker-All Types EA 35.88$ -$ -$ 25CCO1 Hi-Vis-Crosswalk-STD 7350 LF 307.50$ -$ -$ 26CCO1 Bike Lane Buffer LF 30.75$ -$ -$ 27CCO1 Green Bike Lane Coating-STD 7360 SQFT 51.25$ -$ -$ 28CCO1 Remove Traffic Stripe LF 15.38$ -$ -$ 29CCO1 Remove Pavement Marking SQFT 15.38$ -$ -$ 30CCO1 Remove & Replace Sidewalk - Std. 4110 (Area Under 60 SQFT)SQFT 71.75$ 50 3,587.50$ -$ 31CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - 60 to 180 SQFT) SQFT 61.50$ -$ -$ 32CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - over 180 SQFT) SQFT 51.25$ -$ -$ 33CCO1 Remove & Replace Curb and Gutter - Std. 4030 LF 92.25$ -$ -$ 34CCO1 Remove & Replace Curb Ramp - Std. 4440 SQFT 24.60$ -$ -$ 35CCO1 Remove & Replace Cross Gutter - Std. 4310 SQFT 205.00$ -$ -$ 36CCO1 Remove & Replace Driveway Ramp - Std. 2110,2111,2115,2116 SQFT 35.88$ 250 8,968.75$ -$ 37CCO1 Mission Style PCC Coloring and Salt Finish SQFT 6.15$ -$ -$ 38CCO1 Mission Style Tile Installation per Std. 4220 LF 71.75$ -$ -$ 39CCO1 Single Mission Tile Installation - Std. 4220 EA 82.00$ -$ -$ 40CCO1 Replace Truncated Domes - Std. 4440 SQFT 71.75$ -$ -$ 41CCO1 Repaint Curb LF 6.15$ -$ 42CCO1 Furnish & Install Metal Post - Std. 7210 EA 666.25$ -$ -$ 43CCO1 Furnish & Install Metal Post - Std. 7215 EA 717.50$ -$ -$ 44CCO1 Furnish and Install Sign EA 512.50$ -$ -$ 45CCO1 Reconstruct Guardrail - Caltrans A77A1 LF 512.50$ -$ -$ 46CCO1 Furnish and Install Tree Well - Std. 8130, 4'x4'EA 5,125.00$ -$ -$ 47CCO1 Furnish and Install Tree Well - Std. 8130, 5'x5'EA 5,945.00$ -$ -$ 48CCO1 Furnish and Install Tree Well - Std. 8130, 6'x6'EA 7,175.00$ -$ -$ 49CCO1 Enlarge Tree Grate Opening EA 256.25$ -$ -$ 50CCO1 Catch Basin - Std. 3350 EA 15,375.00$ -$ -$ 51CCO1 Catch Basin - Std. 3355 EA 18,450.00$ -$ -$ 52CCO1 Catch Basin - Std. 3355A EA 12,300.00$ -$ -$ 53CCO1 Catch Basin - Std. 3360 EA 18,450.00$ -$ -$ 54CCO1 Adjust Utility Cover - Std. 6040 EA 768.75$ -$ -$ 55CCO1 Manhole Frame and Cover Replacement - Std. 6040 EA 2,562.50$ -$ -$ 56CCO1 Manhole Replacement - Std. 3530 or 6610 EA 13,325.00$ -$ -$ 57CCO1 Manhole Coating EA 30,750.00$ -$ -$ 58CCO1 Construct Well / Cleanout - G5 - Std. 6710 EA 1,230.00$ -$ -$ 59CCO1 Potholing (Depth - 0’ to 4')EA 666.25$ -$ -$ 60CCO1 Potholing (Depth - 4' to 8')EA 973.75$ -$ -$ 61CCO1 Potholing (Depth - 8'+)EA 1,332.50$ -$ -$ 62CCO1 Pipe Excavation & Restoration (Depth - 0’ to 2.5’)LF 205.00$ -$ -$ 63CCO1 Pipe Excavation & Restoration (Depth - 2.5’ to 8.5’) Shoring Required LF 410.00$ -$ -$ 64CCO1 Pipe Excavation & Restoration (Depth - 8.5’+) Shoring Required LF 666.25$ -$ -$ 65CCO1 Traffic Control - Eng. Std. Appendix G – Fig A HR 133.25$ -$ -$ 66CCO1 Traffic Control - Eng. Std. Appendix G – Fig B HR 256.25$ -$ -$ 67CCO1 Traffic Control - Eng. Std. Appendix G – Fig C HR 205.00$ -$ -$ 68CCO1 Traffic Control - Eng. Std. Appendix G – Fig D HR 256.25$ -$ -$ 69CCO1 Traffic Control - Eng. Std. Appendix G – Fig E HR 153.75$ -$ -$ 70CCO1 Traffic Control - Eng. Std. Appendix G – Fig F HR 205.00$ -$ -$ 71CCO1 Traffic Control - Eng. Std. Appendix G – Fig G HR 205.00$ -$ -$ 72CCO1 Traffic Control - Eng. Std. Appendix G – Fig H HR 153.75$ -$ -$ 73CCO1 Traffic Control - Eng. Std. Appendix G – Fig I HR 205.00$ -$ -$ 74CCO1 Traffic Control - Eng. Std. Appendix G – Fig J HR 205.00$ -$ -$ 75CCO1 Traffic Control - Eng. Std. Appendix G – Fig K HR 169.13$ -$ -$ 76CCO1 Traffic Control - Eng. Std. Appendix G – Fig L HR 358.75$ -$ -$ 77CCO1 Traffic Control - Eng. Std. Appendix G – Fig M HR 133.25$ -$ -$ 78CCO1 Traffic Control - Eng. Std. Appendix G – Fig N HR 256.25$ -$ -$ 79CCO1 Traffic Control - Eng. Std. Appendix G – Fig O HR 287.00$ -$ -$ 80CCO1 Traffic Control - Eng. Std. Appendix G – Fig P HR 102.50$ 8 820.00$ -$ Unit Price Contract Work Page 468 of 555 81CCO1 Minor Traffic Control HR 76.88$ 48 3,690.00$ -$ 82CCO1 Abandon and Grout (E) Sanitary Sewer with Flowable Fill CY 153.75$ -$ -$ 83CCO1 2" SCH 40 Conduit, 2-Sac Concrete Capped LF 61.50$ -$ -$ 84CCO1 4" SCH 40 Conduit, 2-Sac Concrete Capped LF 66.63$ -$ -$ 85CCO1 2" SCH 40 Conduit, City Standard 6035 - Trench Detail LF 66.63$ -$ -$ 86CCO1 4" SCH 40 Conduit, City Standard 6035 - Trench Detail LF 71.75$ -$ -$ 87CCO1 Electrical Pull Box, PG&E Type #2 (17"x30"x26")LF 1,025.00$ -$ -$ 88CCO1 Pexco City Post (EAC Mount), 36'' Height, white w/ 3 Grey retroreflective strips ( or approved equal)LF 256.25$ -$ -$ 89CCO1 Pexco City Post (EAC Mount), 18'' Height, white w/ 3 Yellow retroreflective strips ( or approved equal)LF 230.63$ -$ -$ Estimated Cost 18,552.50$ Actual Cost -$ Estimate Tons Unit Price Cost 15% Markup Site Total 0.93 100.00$ 92.59$ 13.89$ 106.48$ Estimate Total 106.48$ Tons Unit Price Cost 15% Markup Ticket Total -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Actual Total -$ Estimate Est. No.Location Cost 111 Location X -$ 222 Location Y -$ -$ Actual EW No.Location Cost 111a Location X -$ 222b Location Y -$ -$ Install B Task Actual Actual Total Estimated Total 1234 Plant 1234 Plant 1234 Plant Asphalt Concrete Material Extra Work Ticket Number and Plant 1234 Plant Install A Install B Task Install A Page 469 of 555 Task Order - Paving Estimate Location Work Order Address Description No. Patches L1 (ft)W1 (ft)L2 (ft)W2 (ft)L3 (ft)W3 (ft) Area (SF) AC Depth (in) PCC/AC Edge Grind (SF) Reinforcing Fabric (SY) Adjust Utility Cover (EA)Tons of AC Adjusted Striping Detail Striping (ft/SF/EA) Traffic Control #1 Traffic Control #2 Hours Notes 1 867 Mission Pave Out 25 2 50.0 Yes 1.75 Fog Seal Minor 2 A24 A 6 12" White Line B 10 1 C 50.0 PCC/AC 2 D 8 E 9 F 22 G 29 H 38 I 39 J 39A K Markers L Crosswalk M Bike Lane Buffer N Green Bike Lane Coating O Remove Traffic Stripe P Remove Marking Page 470 of 555 Task Order - Concrete Estimate Location Work Order Address Description No. Patches Total Length L1 (ft) Total Width W1 (ft) Tree Well Length (Deduction) L2 (ft) Tree Well Width (Deduction) W2 (ft) Number of Tree Wells Other (Deduction) L3 (ft) Other (Deduction) W3 (ft) Area (ft2) Mission Style Mission Style Tile (ft) Curb and Gutter (ft) Curb Ramp (SF) Truncated Domes (SF) Cross Gutter (SF) Driveway Ramp (SF) Repaint Curb (ft) 1 867 Mission Driveway Replacement 1 10 5 50.0 250 Replacement Tree Wells 50.0 Regular 250 4'Mission 5' 6' Enlarge Page 471 of 555 Metal Sign Posts and Sign (EA) Traffic Control Hours Notes Cover Page Description Minor 48 P 8 Minor 48 A B C D E F G H I J K L M N O P 8 Page 472 of 555 From:Randy Treur To:Stephenson, Nemo Cc:pattytreur@icloud.com; Cruce, Greg Subject:Re: Notice to Repair Sidewalk - 875 Mission St. San Luis Obispo Date:Monday, March 31, 2025 12:47:59 PM Attachments:image001.png image002.png image003.png image004.png image005.png image006.png Hello Nemo, Congratulations on the birth of your child. FYI: I am traveling on business this week returning late Friday evening, 4/4. Greg - If you can be available, I can meet with you on Monday, 4/7. Please advise if this works for you. Best regards, Randy Treur c: (805) 704-5967 On Fri, Mar 28, 2025 at 7:48 AM Stephenson, Nemo <nstephenson@slocity.org> wrote: Good morning Mr. and Mrs. Treur, I am writing to follow up about the Notice of Correction (NOC) on the sidewalk adjacent to 875 Mission Street. When we last spoke, you were going to confirm a date that we could do a meeting on- site. I have not received any correspondence from you on that meeting. I am now on paternity leave for a couple weeks. I have Greg Cruce on this email who would be happy to have that meeting with you during my absence. Greg is my supervisor and the Deputy Director of Maintenance Operations. Thanks, Nehemiah Stephenson Page 473 of 555 Nemo Stephenson Maintenance Superintendent City of San Luis Obispo Public Works Signals and Streets 25 Prado Road, San Luis Obispo, CA 93401-7314 E nstephenson@slocity.org T 805.783.7813 C 805.439.7016 slocity.org Stay connected with the City by signing up for e-notifications From: Stephenson, Nemo Sent: Monday, March 17, 2025 2:35 PM To: Randy Treur <randytreur@gmail.com>; pattytreur@icloud.com Cc: Cruce, Greg <gcruce@slocity.org> Subject: RE: Notice to Repair Sidewalk - 875 Mission St. San Luis Obispo Hello Randy, Thank you for confirming receipt of the Notice of Correction (NOC) on the sidewalk adjacent to 875 Mission Street. We would be happy to meet with you at 875 Mission Street. At that time, we will provide a detailed assessment of the necessary repairs with clarity on the NOC. We know that these types of repairs can be costly and present a financial burden. We can discuss the repair scope and scheduling requirements when we meet with you. I appreciate the phone call earlier today. During that conversation, you mentioned possibly meeting on Wednesday 3/26 or Thursday 3/27. Let me know at your earliest Page 474 of 555 convenience, what days and times your available for a meeting. Thanks, Nehemiah Stephenson Nemo Stephenson Maintenance Superintendent City of San Luis Obispo Public Works Signals and Streets 25 Prado Road, San Luis Obispo, CA 93401-7314 E nstephenson@slocity.org T 805.783.7813 C 805.439.7016 slocity.org Stay connected with the City by signing up for e-notifications From: Randy Treur <randytreur@gmail.com> Sent: Sunday, March 16, 2025 2:20 PM To: Stephenson, Nemo <nstephenson@slocity.org>; pattytreur@icloud.com Subject: Notice to Repair Sidewalk - 875 Mission St. San Luis Obispo This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Nehemiah, I hope this message finds you well. My name is Randy Treur, and I am the owner and resident of 875 Mission Street. I apologize for the delay in responding to your recent notice regarding the sidewalk in front of my property. I would like to address the following points: 1. Clarity on Non-Conformances While the initial notice included a photograph indicating that the sidewalk may appear Page 475 of 555 cosmetically flawed, it is unclear which specific code violations or non-conformances are being cited. The cracks in the sidewalk are filled, and the surface remains flat, seemingly well under the 0.75-inch standard that I understand is part of the relevant codes or guidelines. 2. Request for Detailed Assessment The notice from the city appears to rely on a general assessment without providing alternative recommendations or a detailed evaluation of the exact issues. I respectfully request more specific information to better understand any necessary repairs and ensure compliance with city standards. 3. Financial Timing As we are currently in tax season, this is a challenging time to incur significant additional expenses. I would appreciate any guidance or flexibility you can offer regarding the scheduling and scope of potential repairs. I am open to discussing this matter further to find a mutually agreeable solution. Please feel free to contact me at (805) 704-5967 at your earliest convenience. Thank you for your time, and I look forward to working with your team toward a positive resolution. Sincerely, Randy Treur Page 476 of 555 Public Works 9l I Palm Skeet. San Luis 0bispo, CA 53401 -321 B 805 781.7200 slocity.org February IO,2025 Treur Family Trust 875 Mission St. San Luis Obispo CA, 93405 Subject: Second lnformal Notice to Repair Sidewalk - 875 Mission St., San Luis Obispo Dear Property Owner The sidewalk and driveway apron adjacent to your property located at 875 Mission St in the City of San Luis Obispo has been identified as a dangerous condition and must be mitigated. The City's Streets Maintenance Program has made temporary repairs; however, you as the adjacent property owner are responsible for the permanent repairs in compliance with the City's Engineering Standards. The City of San Luis Obispo's Municipal Code identifies the improvements between the street line and property line as being the maintenance responsibility of the adjacent property owner. ' San Luis Obispo Municipal Code 12.16.020 - Property Owner's Responsibility The maintenonce, repoir ond collection of the cost of repoir sholl be governed by the procedure set forth in Division 7, Part 3, Chopter 22 of the Streets ond Highwoys Code of the stote. (Prior code 5 7330.1-) Public Works Department staff sent you the first lnformal Notice to Correct on IO/t7 /2023, with the request to complete the necessary work within 120 days to the satisfaction of the City. After a review of the file and inspection of the property, staff has noted the conditions have not been corrected. You shall obtain an Encroachment Permit no later than 4/L/2025 and complete the repairs within 30 days of this of the permit issuance. Failure to comply with the above-stated dates will result in the City issuing a formal Notice to Correct and the work being completed by the City's contractor. lt should be noted, if the work is completed by a City contractor, the work is subject to prevailing wage requirements. A hearing has been added to the 5/20/2025 City Council agenda to seek approval for the necessary work and to pursue reimbursement through a special assessment and lien, should the work not be completed by the above stated date. Please feel free to contact me with any questions at nstephenson@slocity.org Page 477 of 555 Sincere ly, Nehimiah Stephenson Maintenance Superintendent Public Works Department Attachments: Previous Correspondences, Photos, Sidewalk Brochure, Applicable Streets and Highways Code Page 478 of 555 Areas of less severe damage are completed as the next priority, working around the City in a systernatic fashion in advance of the paving program. That can mean the sidewalk will not be replaced for several years. Damage other than that caused by street trees needs to be completed by the propefty owner. Related to sidewalk repair is clearance and visibility. When is maintenance required? . Visibility -. When parkway strip shrubbery interfbres with the ability of a driver to see pedestrians or approaching traffic, either fiorn a driveway or an intersection, trimming of shrubs must be completed by the propeny owner. Shrubs must be trimmed to a maximum height of 36", for a minimum distance of 30' fiom an intersection. (Municipal Code 10.60 and 11.16.020) . Walkway and Gutter Clearance * Trimming of ground cover or shrubs is required when the plants extend onto or over the sidewalk, gutter, or street. o Parkway Strip Condition * All tree stumps' large rocks, trash and holes rnust be removed by the property owner. The parkway strip must be level and holes must be filled and leveled with dirt or other material. When is a permit required for landscape maintenance work? If the sidewalk or the street must be closed for the work, a permit is required from Public Works. Call (805)78 l-701 5 for additional infbrmation. lf a tree is to be removed, a tree removal pennit must be obtained. Applications for tree removal are available on the City's web site on the Public Works page www.slocitv.org or call 78 l-7220 for additional information. (,NJ- N9-' g. a'-,'@OA ^-Dl)^)3o-o _ oa o-PG' \o -o ao5 CltvoF Sffnl,ursOntsPo Sidewalk & Parkway Strip Maintenance Property Owner Responsibilities Department of Public Works 805-78 r-1220 805-781-701s Rev LI4.l3 Page 479 of 555 'T'he City receives tnany requests from citizens to nrake repairs to sidewalks. This brochure provides general information to the public on this subject. What is the sidewalk, parkway, and curb and gutter?'lhe sidewalk, parkway strip, and curb & gutter are typically rnade of concrete and located next to the street on the front andlor side portion of your propefty. The curb and gutter are located at tlre edge of the sfreet pavement. The sidewalk is either separated from the curb by a parkway strip, or is located ad.iacent to the curb. Parkways are sometimes planted or filled in with brick or other rnaterials. Who is responsible for maintenance?'l'he property owner is responsible for properly maintaining this area (see San Luis Obispo Municipal Code Section 12.16.020 and Streets and F{ighway Code Division 7, Part 3, Chapter 22). This responsibility includes maintenance of darnaged or displaced concrete and abatement of weeds or debris. While the City rnay be liable for injuries to pedestrians that are determined to have resulted from a dangerous condition of a public sidewalk, properly owners should be aware that they rnay also be found liable if it is determined that their negligence caused someone to be harmed. When should property owners consider doing sidewalk replacement? Replacement of the sidewalk, curb and gutter concrete should be considered when one or ntore of the following exists: . When there is a vertical difference in height between sections of the sidewalk or concrete parkway strip of 3/4" or lnore.. Ifthe concrete has broken apan.o In any instance where the owner has reason to know that the condition presents a danger to users. or the owner has observed someone trip because of damage to the surface. In addition to darnaged sections of sidewalk, curb and gutter replacernent is typically required when sidewalks and driveways are replaced, unless the sidewalk is separated frorn the curb by a parkway. Patching should be cornpleted when horizorrtal openings greater than l/2" exist. What are the options available for completing the work? The City recommends construction of curbs, gutters, and sidewalks in C ity streets be performed by a properly licensed and insured contractor. A pennit is required for concrete repair. Call (805)781-701-5 for permit requirernents. Are there inspections and standards for concrete repair work? Yes, all work and materials must be in conformance with the City of San Luis Obispo Engineering Standards for Public Works Construction. Before placing any concrete. you must have any tree root renroval approved, and the saw cut, forrns. and base inspected. After approval, a City-approved concrete rnix must be used. The surface finish must be a light broom finish with score rnarks. After the work is completed, you must call for a final inspection. A perrnit is required for all concrete work in the public right-of-way. Engineering Standards for construction are available on the City's web site on the Public Works page www.slocity.org. For information on obtaining a pennit call (805)781- 7015. ls the property owner responsible for repairs if the concrete damage is caused by a tree? The City encourages street trees in front of residences. (Municipal Code 12.24,010) The property owner is responsible for the maintenance of the street tree but the City will repair the sidewalk when the concrete has been damaged by a street tree, as funding is available, and tirrred with the area rotation program. Concrete damaged by trees other than street trees is the responsibility of the propefty owner. Maintenance, trimrning and replacement of street trees and shrubs is governed by Chapter 12.24.110. 12.24.120 and 12.24.150 of the MunicipalCode. What measures should be taken to minimize concrete displacement by tree roots? Certain species of trees may raise concrete if preventative maintenanr:e is not performed. -lo reduce the chance of future concrete displacement, trees can be root-pn-rned. Care must be taken when root pruning to avoid darnaging underground utilities or destabilizing or harming the tree. This work must be completed by a licensed arborist. Also, deep- watering the tree, that is, applying a slow trickle of water over a 24-hour perrod, encourages deeper root growth which reduces the chance of sidewalk damage. lf a problem is reported to the City, how long does it take for a repair? When a report is made to the City, it is entered in to the work order program. Subject to the availability of resources and personnel. the Ciry will atterlpt to review the site within a week of entry of the work order. If a ternporary repair. such as grinding or ramping the area can be rnade, the City will generally attempt to complete that work within two weeks. Severe darrrage caused by a street tree, which cannot be repaired adequately. will be reconstructed as soon as resources and available personnel allow. Page 480 of 555 Public \lrbrks 919 Patm Street. San Luis Obispo. cA 93401 -321 8 805.7B1 .7200 slocity.or0 October 17,2023 Treur Family Trust 875 Mission St. San Luis Obispo CA, 93405 Subject: Notice to Correct Sidewalk & Driveway Apron APN:01L-105-009 Dear Property Owner, The sidewalk and driveway apron adjacent to your property at 875 Mission St. in the City of San Luis Obispo must be repaired. This is the section of sidewalk at 875 Mission St., and the neighboring driveway apron at 875 Mission St. is considered a dangerous condition that must be mitigated. The condition of the concrete has deteriorated so severely that a temporary repair effort by Public Works staff would fail in a very short time and make the sidewalk more of a hazard. This sidewalk was brought to our attention by a citizen complaint. The City of San Luis Obispo's Municipal Code identifies the curb, gutter, and sidewalk adjacent to your property as being the maintenance responsibility of the property owner, in this case, Treur Family Trust 72.16.020 Property owner's responsibility - City Municipal Code The mointenonce, repoir, ond collection of the cost of repair sholl be governed by the procedure set forth in Division 7, Port 3, Chapter 22 of the Streets and Highwoys Code of the stote. (Prior code g 7330.1) The appropriate sections of the Streets and Highway Code are included as an attachment to this letter. Below are some incremental timeframes to complete the work. Within 30 calendar days of this letter, you must acknowledge receipt of this letter Within 60 calendar days of this letter, you must submit to the City the necessary repair plans for the issuance of an encroachment permit. Within 90 calendar days of this letter, you must obtain an encroachment permit from the City to complete the necessary repair work. a a a Page 481 of 555 a Within 120 calendar days of this letter, you must complete the necessary repair work to the satisfaction of the City. This repair work can be costly; if you prefer to propose alternate timeframes for consideration, please submit those in writing to me within 30 calendar days of this letter. Failure to comply with this request could lead to formal Notices to Correct being issued with accelerated repairtimeframes as required by the Streets and Highways Code. Sincerely, Aaron Anderson Acting Streets Maintenance Supervisor aanderso slocitv.o rs 805-781-4043 Attachments 1.. Attachment l- - streets and Highway code - Division 7 , part 3, chapter 22, Article 2 2. Photos 3. Sidewalk & Parkway Strip Maintenance brochure STREETS AND HIGHWAYS CODE . SHC DIVISION 7. THE IMPROVEMENT ACT OF 1911 PART 3. PERFORMING THE WORK CHAPTER 22. Maintenance of Sidewalks ARTICLE 2. Repairs 5510. The owners of lots or portions of lots fronting on anv portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain anv sidewalk in such condition that the sidewa will not endanser oersons or o pertv and maintain it in a cond n which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like'duty in relation thereto. 5611.rtion of re tr or in cond n ns or interfe e in the sidewalk. the superintendent of streets shall notify the owner or person in possession of the propertv frnntina nn that n nf cr rrh cir{arrrrllz cn n r r+of ir ronrir tha cidarrrrll, 5612. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known Page 482 of 555 address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. 5613. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. ln lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "second Notice," to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article but shall not extend the time for commencing repairs specified in Section 5614. 5514. The notice shall particularlv specifv what work is required to be done, and how it is to be done, and what materials shall be used in the re oair and shall further soecifu that if the reoair is not commenced within two weeks after notice is eiven and dilisentlv and without interruotion orosecuted to comoletion. the suoerintendent of streets shall make such ir. and the cost of the same shall be a lien on the propertv. 5514.t. The legislative body may adopt a resolution determining that bonds shall be issued, and assessments collected and enforced pursuant to Part 5 of this division. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. 5515. lf the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment rollof the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held, and assessment and collection procedures are conducted. 5616. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. lf bonds are to be issued, the notice shall also contain the information required by Section 561,4.1,. 56t7. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. Page 483 of 555 5518. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and.any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. Page 484 of 555 Page 485 of 555 Page 486 of 555 Page 487 of 555 Page 488 of 555 . ;.1j, n A, Signature x E Agent \ C. Date of Delivery ', D. ls delivery differentfrom item 1?Yes lf YES, onter delivery address below: E No1. Article Addressed to:i +orni\V 1rust TlE rniSttm Er- Sonuisob\%ffit, illilll llll llll lllllll I I ll ll l ll I lllll l ll l lll 3. ServiceType E Adult Slgnaturs Rostrlct€d Dellvsty tr Certified Mail Resbicted Delivery E Coll€ct on Delivery E Collect on Delivery Restricted Dslivery : lnsured Mail B PriorityMail EIFress@ o.Reoister€d MaiFM tr Eeilstded Mall Ftestricted Deliverv E gignature Confl rmationlil C 8i gnaturs Co..nfirmatiorr Sostr'l4ed Delivery 9590 9402 8995 4122 4044 28 2. Article Number (f/'ansfer from service B. Received by (Pinted Name) r Complete items 1,2, and 3. r Print your name and address on the reverse so that we can return the card to you. r Attach this card to the back of the mailpiece, or on the front if SENDER: COMPLETE TH,S SECT,ON COMPLETE THIS SECTION ON DELIVERY I PS Form 381 1, .tuty zo20 PSN 7530-02-000-9053 Rsstrlctgd Dsllvery Domesiidslsternneceinf i ''n1,1 eEBE 0llBE 1r+1,3 ?r'1t]3 l Page 489 of 555 USP$TRACKING# 4.1ilililllliltllililffiflffiffiffit.:r First-Clasg Mail Postage & Fees Paid USPS Permit No. G-10 1590 iqoe 89q5 {Iee q0qq ea United States PostalService l II a print your name,and this box. City of San Luis Obispo Public Works z5 Prado Road San Luis NQlru\l\io,.Sfrep\a aGon ,,f lf ,'lllf ryllr,ll rf ,r.r'tl'lll,ff ,rf'1f 1,'f lLrf;,ff l,lff lrf/f Page 490 of 555 From:Cruce, Greg To:Weidler, Hayley Subject:FW: Notice to Repair Sidewalk - 875 Mission St. San Luis Obispo Date:Wednesday, April 9, 2025 1:44:44 PM Attachments:01-22-2013 c2 sidewalk inspection program.pdf image001.png image002.png image003.png image004.png image005.png image006.png Sidewalk Brochure.pdf Greg Cruce Deputy Director - Maintenance Operations Public Works Department 805.781.7264 gcruce@slocity.org From: Cruce, Greg Sent: Wednesday, April 9, 2025 10:23 AM To: randytreur@gmail.com Cc: Gutierrez, Anthony <AGutierrez2@slocity.org>; Stephenson, Nemo <nstephenson@slocity.org>; Yanez, James <jyanez@slocity.org>; Nelson, Brian <BNelson@slocity.org> Subject: RE: Notice to Repair Sidewalk - 875 Mission St. San Luis Obispo Hello Randy, Thanks for meeting with me earlier this week to discuss the frontage improvements adjacent to your residence at 867 Mission. I wanted to send you the addition information we spoke about and next steps since the brush chipper noise made it hard to communicate. The attached document is the Council approved Sidewalk Inspection Program, which is used as a guide for identifying repairs/replacements. As I mentioned, cracks and gaps over ½” need to be addressed. In the case of the sidewalk deterioration in front of your residence, it’s been determined the concrete is beyond repair and replacement in conformance with City Standards is necessary. Next Steps: On May 20th, 2025, there will be a public hearing before the City Council. Staff will walk Council through the Informal and Formal Notice to Correct (NOC) process and present the specifics on approximately six properties that have been issued notices. Staff’s recommendation is for Council to authorize staff to issue a Formal Notice to Correct to all properties within the agenda packet, which includes 875 and 867 Mission Street. If Council authorizes staff to issue a Formal NOC, the property would be posted, and a Formal NOC would be sent with a second Formal NOC issued seven days later. If work has not commenced within 14 days after the first Formal Page 491 of 555 NOC, the City would complete the work, as required by the Streets and Highway Code. Once the work is completed, staff would return to the City Council to record the completion of work and total costs. It will be staff’s recommendation for Council to authorize cost recovery, and if approved, an invoice would be sent to the adjacent property owners where the City completed the work. If not paid, the City would lien the property in accordance with the Streets and Highway Code. A cost estimate has been prepared by the Engineering Division, should the work need to be completed by the City. The estimate to replace the entire approach that serves 875 and 867 Mission Street is $22,390.78, so the approximate cost for the section adjacent to your property is $11,195.39. If a Formal NOC is authorized and the City completes the work, separate work tickets for each property would be initiated to keep costs separate. Should you choose to hire a private contractor, there is a possibility of completing the work at a reduced cost since prevailing wage would not be required. Also, a full plan set is not required for a licensed contractor to obtain the necessary permit, a site plan and description of work typically suffices with an acknowledgement the work will be completed to City Standards. I’ll will be on vacation next week, 4/14 – 4/18, and unavailable during this time. Please let me know if you have any questions. Sincerely, Greg Cruce Deputy Director - Maintenance Operations Public Works Department 805.781.7264 gcruce@slocity.org From: Randy Treur <randytreur@gmail.com> Sent: Monday, March 31, 2025 3:46 PM To: Cruce, Greg <gcruce@slocity.org> Cc: Gutierrez, Anthony <AGutierrez2@slocity.org> Subject: Re: Notice to Repair Sidewalk - 875 Mission St. San Luis Obispo Sounds good. See you then. On Mon, Mar 31, 2025 at 2:10 PM Cruce, Greg <gcruce@slocity.org> wrote: Hi Randy, Thanks for the email, we can meet at 11:00 am on 4/7. We’ll see you then. Greg Cruce Page 492 of 555 Deputy Director - Maintenance Operations Public Works Department 805.781.7264 gcruce@slocity.org From: Randy Treur <randytreur@gmail.com> Sent: Monday, March 31, 2025 1:15 PM To: Cruce, Greg <gcruce@slocity.org> Subject: Re: Notice to Repair Sidewalk - 875 Mission St. San Luis Obispo Hi Greg, Thanks for the quick response. I can be available from 9:30am - 11:30am, next Monday, on 4/7. You can send a text when you are on your way. Let me know if some other time is preferred. On another note. I am doing some landscaping and need to have some DG dropped. I would like to drop on Friday and would then move it on Saturday. If dumped in the street, in front of my house, will I need an Encroachment Permit? Thanks for your help. Randy Treur c:(805) 704-5967 On Mon, Mar 31, 2025 at 12:50 PM Cruce, Greg <gcruce@slocity.org> wrote: Hello Randy, I have good availability on Monday, 4/7 before 3:00 pm. Please let me know a time that works for you and we’ll meet on-site. Thanks, Greg Cruce Deputy Director - Maintenance Operations Public Works Department 805.781.7264 gcruce@slocity.org From: Randy Treur <randytreur@gmail.com> Sent: Monday, March 31, 2025 12:48 PM To: Stephenson, Nemo <nstephenson@slocity.org> Cc: pattytreur@icloud.com; Cruce, Greg <gcruce@slocity.org> Subject: Re: Notice to Repair Sidewalk - 875 Mission St. San Luis Obispo Page 493 of 555 Hello Nemo, Congratulations on the birth of your child. FYI: I am traveling on business this week returning late Friday evening, 4/4. Greg - If you can be available, I can meet with you on Monday, 4/7. Please advise if this works for you. Best regards, Randy Treur c: (805) 704-5967 On Fri, Mar 28, 2025 at 7:48 AM Stephenson, Nemo <nstephenson@slocity.org> wrote: Good morning Mr. and Mrs. Treur, I am writing to follow up about the Notice of Correction (NOC) on the sidewalk adjacent to 875 Mission Street. When we last spoke, you were going to confirm a date that we could do a meeting on-site. I have not received any correspondence from you on that meeting. I am now on paternity leave for a couple weeks. I have Greg Cruce on this email who would be happy to have that meeting with you during my absence. Greg is my supervisor and the Deputy Director of Maintenance Operations. Thanks, Nehemiah Stephenson Nemo Stephenson Maintenance Superintendent Public Works Signals and Streets 25 Prado Road, San Luis Obispo, CA 93401-7314 E nstephenson@slocity.org T 805.783.7813 C 805.439.7016 Page 494 of 555 slocity.org Stay connected with the City by signing up for e-notifications From: Stephenson, Nemo Sent: Monday, March 17, 2025 2:35 PM To: Randy Treur <randytreur@gmail.com>; pattytreur@icloud.com Cc: Cruce, Greg <gcruce@slocity.org> Subject: RE: Notice to Repair Sidewalk - 875 Mission St. San Luis Obispo Hello Randy, Thank you for confirming receipt of the Notice of Correction (NOC) on the sidewalk adjacent to 875 Mission Street. We would be happy to meet with you at 875 Mission Street. At that time, we will provide a detailed assessment of the necessary repairs with clarity on the NOC. We know that these types of repairs can be costly and present a financial burden. We can discuss the repair scope and scheduling requirements when we meet with you. I appreciate the phone call earlier today. During that conversation, you mentioned possibly meeting on Wednesday 3/26 or Thursday 3/27. Let me know at your earliest convenience, what days and times your available for a meeting. Thanks, Nehemiah Stephenson Nemo Stephenson Maintenance Superintendent Public Works Signals and Streets 25 Prado Road, San Luis Obispo, CA 93401-7314 E nstephenson@slocity.org T 805.783.7813 C 805.439.7016 slocity.org Stay connected with the City by signing up for e-notifications Page 495 of 555 From: Randy Treur <randytreur@gmail.com> Sent: Sunday, March 16, 2025 2:20 PM To: Stephenson, Nemo <nstephenson@slocity.org>; pattytreur@icloud.com Subject: Notice to Repair Sidewalk - 875 Mission St. San Luis Obispo This message is from an External Source. Use caution when deciding to open attachments, click links, or respond. Dear Nehemiah, I hope this message finds you well. My name is Randy Treur, and I am the owner and resident of 875 Mission Street. I apologize for the delay in responding to your recent notice regarding the sidewalk in front of my property. I would like to address the following points: 1. Clarity on Non-Conformances While the initial notice included a photograph indicating that the sidewalk may appear cosmetically flawed, it is unclear which specific code violations or non-conformances are being cited. The cracks in the sidewalk are filled, and the surface remains flat, seemingly well under the 0.75-inch standard that I understand is part of the relevant codes or guidelines. 2. Request for Detailed Assessment The notice from the city appears to rely on a general assessment without providing alternative recommendations or a detailed evaluation of the exact issues. I respectfully request more specific information to better understand any necessary repairs and ensure compliance with city standards. 3. Financial Timing As we are currently in tax season, this is a challenging time to incur significant additional expenses. I would appreciate any guidance or flexibility you can offer regarding the scheduling and scope of potential repairs. I am open to discussing this matter further to find a mutually agreeable solution. Please feel free to contact me at (805) 704-5967 at your earliest convenience. Thank you for your time, and I look forward to working with your team toward a positive resolution. Sincerely, Randy Treur Page 496 of 555 counciljacenaa nepont C I T Y O F S A N L U I S O B I S P O FROM :Daryl Grigsby, Director of Public Works Prepared By :Jennifer Rice, Administrative Assistant I SUBJECT :ADOPTION OF A SIDEWALK INSPECTION PROGRAM FOR THE CITY OF SAN LUIS OBISP O RECOMMENDATIO N Adopt a Sidewalk Inspection Program for the City of San Luis Obispo . DISCUSSION The Public Works Department has an established practice of inspecting the City's sidewalks on a regular basis . This inspection enables the City to proactively repair damaged sidewalk panels an d thus enhance public safety . Every two to three years, California Joint Powers Insurance Authorit y CJPIA) conducts a risk management evaluation for the City of San Luis Obispo and provide s recommendations based on those findings . During a review, the CJPIA recommended that the Cit y formally adopt its Sidewalk Inspection Program (Attachment 1). Adoption of such a program reduces risks of trip and fall incidents and injury to residents an d visitors as a result of displaced sidewalks . Regular inspections, reporting defects, and timely repair s constitute a Best Management Practice relative to sidewalk maintenance . This program wil l provide additional information that will be helpful to property owners and the City in terms o f prioritizing repairs ; however, it does not eliminate the property owner's responsibility to maintai n sidewalks on their property per San Luis Obispo Municipal Code Section 12 .16 .020 and Streets and Highway Code Division 7, Part 3, Chapter 22 (Attachment 2, 3, and 4). The proposed guideline documents standard instructions for conducting sidewalk inspections an d management of records . Most of the procedures outlined in this program have been in practice b y City Street Maintenance staff for several years . The primary adjustment in this program from pas t practice is to increase inspection frequencies for those locations considered at greater risk for tri p and fall incidents (such as senior centers and hospitals) from every 8 years to every twelve months . This inspection frequency was recommended by the CJPIA . Currently, because of the hig h pedestrian traffic volumes, only the downtown area sidewalks are inspected on an annual basis . Th e remainder of the City is inspected once every 8 years . In addition to regular inspections, staff als o responds promptly to reported hazards and areas where trip and falls have been reported in all area s of the City . Adoption of this program refines the current sidewalk inspection practices for formal adoption i n order to meet CJPIA guidelines . This type of program will benefit the City's defense of liabilit y claims arising from incidents that occur on City sidewalks . In accordance with CJPIA policies , agencies that have an effective Sidewalk Inspection and Maintenance Program in place hav e Meeting Date item Number 3C2 Page 497 of 555 Sidewalk Inspection Program Page 2 experienced as much as a 25% reduction in the cost of liability coverage, and improved the abilit y of the CJPIA to mount an effective defense to counter trip and fall claims . CONCURRENC E This program was reviewed and approved by the City's Risk Manager and CJPIA staf f FISCAL IMPAC T This inspection program will assist in protecting the City in the event claims are made fo r inadequate maintenance of the sidewalks and thus will reduce risk and liability . The City's budge t for sidewalk repair has fluctuated over the last decade in response to changing financial climates . This budget has ranged anywhere from $20,000 to $60,000 annually . The 2011-13 Financial Plan has allocated $35,000 annually for sidewalk repairs at various location s Appendix B, Pages 3-172 through 3-174 .). Currently, there is $52,125 available in this projec t account to continue to support sidewalk repairs . Funding to support Streets Maintenance program staff to provide sidewalk inspections is include d as part of the annual operating budgets . Should additional capital or operating costs impacts occu r that cannot be absorbed into existing budgets, staff will return to Council to seek direction . Adjustment in service levels for sidewalk maintenance would be best addressed during the Financia l Planning process . ALTERNATIVE Deny Adoption of Sidewalk Inspection Program .The City Council could choose to deny the adoption of a Sidewalk Inspection Program . However, staff does not recommend this alternative . The creation of the formal inspection program is consistent with CJPIA recommendations and ha s shown to be an effective program avoids potentially costly liability risks and protects the health an d safety of community members and visitors . Informally, staff has been inspecting and repairin g various sidewalks to reduce liability claims for the past decade . Additionally, no increased fundin g is needed at this time for a formal adoption of a Sidewalk Inspection program . ATTACHMENT S 1.City of San Luis Obispo Sidewalk Inspection Progra m 2.San Luis Obispo Municipal Code Section 12 .16 .02 0 3.Highway Code Division 7, Part 3, Chapter 2 2 4.City of San Luis Obispo Sidewalk and Parkway Strip Maintenance Brochur e chstore4'teamkoundl agenda reportst2012\pending itemsisidewalk inspecthn pregamkoundl agenda repot sidewalk program .doea Page 498 of 555 Attachment 1 CITY OF SAN LUIS OBISPO — SIDEWALK INSPECTION PROGRA M DRAF T I PURPOS E The Sidewalk Inspection Program is intended to minimize risks of trip and fall incidents an d injury to residents and visitors of the City due to the deterioration of sidewalks, expansion o f roots, and ground settlements, by regularly inspecting, reporting, and scheduling repairs o f damaged sidewalks . This guideline provides standard instructions for conducting sidewal k inspections and management of the records . The Sidewalk Inspection Program is one phase of sidewalk maintenance involving the proactiv e inspection of sidewalks on a regular schedule . This is in addition to the Service Request Program , available to the public and City employees to report a sidewalk concern to the Streets an d Sidewalks Maintenance program . Problems reported through the Service Request Program ar e given a higher priority and are addressed as soon as possible . A report of a trip and fall is give n the highest priority for repair. The City has a Pavement Management Plan that established 9 separate zones . Staff uses these zones to schedule paving projects through the Capital Improvement Plan . The Sidewalk Inspection Program works in conjunction with the Pavement Management Plan to determine th e severity of displaced sidewalks caused by City street trees, and ensure sidewalk work occurs i n advance of paving projects . Work is completed within the limits of the annual maintenanc e budgets and not all potential hazards will be addressed . II SIDEWALK REVIEW 1.Sidewalk inspections, in accordance with this program, should be done approximately every twelve months in the downtown (Area 9) and around senior centers and hospitals, and once ever y twelve months in one of the 8 remaining pavement areas . Pavement areas are inspected i n coordination with the paving program. 2.Consideration regarding cost, time, severity, location, and history are taken into account whe n prioritizing areas for annual review, and for repair or replacement . Repairs on high volum e sidewalks or sidewalks with anticipated challenged pedestrians will yield higher benefits due t o the higher volume or ability of pedestrian traffic . High volume pedestrian traffic areas or area s frequented by populations potentially more vulnerable to falls, such as the downtown area or i n the vicinity of hospitals and senior centers, could present a greater risk and so these areas ar e identified for annual review . This may lead to a decision to eliminate a "trivial defect" on a heavily used sidewalk in addition to more substantial defects . 3.An average vertical displacement between sidewalk abutments that is used to evaluate a "trivia l defect" is inch . Vertical displacements less than 3/a inch should be noted for appropriate action . All potential hazards must be evaluated whether the potential hazards are critical or considere d trivial defects . Trivial defects should be noted and addressed when funding allows . 4 . All inspections shall document the following situations : 4 . a) Vertical displacements that exceedinch should be documented and scheduled for repair . Any displacement less than inch should be noted and evaluated for possible hazards . Rev 11-29-12 Page 1 of 3 C2-3Page 499 of 555 Attachment 1 CITY OF SAN LUIS OBISPO -SIDEWALK INSPECTION PROGRA M DRAF T 4 . b) For each location where a sidewalk deficiency is noted, provide a rating on the deviatio n from 1 to 4 . The rating is as follows : 1)Displacement is less than 3/4 inc h 2)Displacement is between inch and 1 '/2 inche s 3)Displacement is between 1 '/2 inches and 2 'h inche s 4)Displacement is greater than 2 '/2 inche s 5.Sidewalks with slopes that exceed a 5 :1 ratio should be documented and scheduled for repair . 6.Cracks that have a gap of half an inch should be filled . 7.Holes that are half an inch or greater in depth and diameter should be filled . 8.Check for any damage around traffic signals, utility poles, ground utility boxes, street lights an d regulatory sign posts . 9.Enforce repair of any sidewalk damaged as a result of a contractors' activities in the right-of-way . 10.Require sidewalk repairs to be made as part of private development activities on abutting properties where a substantial remodel, new building, or work on existing curb, gutter, and/or sidewalk is occurring . III DATA COLLECTIO N 1 . Data Collection is done via a tablet device for direct data entry and plotting of sites b y coordinates . 2 . Capture the following information in the inspection : 2. a)Date 2. b)Inspector Name 2. c)Damage type per program (spalling, separation, displacement, etc .) 2. d)If tree relate d 2. e)Priorit y 2 .0 Approximate width, length, and displacemen t 3 . Download the field data collection of information after every day in the field . 4 . Keep track of the streets that have been inspected, use a city map and color or highlight the street segments that have been completed at the end of the day . Retain this record . IV REPAIR SOLUTION S 1.Grind down displacement if less than inch or apply appropriate materials to minimiz e displacement (Exhibit 1, Figure 1). 2.When the sidewalk is buckled and the ratio is greater than 5 :1, use appropriate materials to repai r sidewalk with a ratio of 6 :1 (Exhibit 1, Figure 2). Rev 11-29-12 Page 2 of 3 C2-4Page 500 of 555 Attachment 1 CITY OF SAN LUIS OBISPO — SIDEWALK INSPECTION PROGRA M DRAF T 3.Cracks and holes should be filled with appropriate materials (Exhibit 1, Figure 3). 4.If the sidewalk is displaced by tree roots, repair with appropriate materials and slope with 6 :1 ratio (Exhibit 1, Figure 4). 5.Repaired patches that continue to have cracks and displacements may have to be removed an d replaced (Exhibit 1, Figure 5). 6.If the buckled sidewalk has numerous large cracks caused by a City Street Tree, remove existing sidewalk and tree roots, and replace concrete . EXHIBIT 1 FIG.,t GR4ND`%F DttyLe.GEHEVr ,5 }FSS ..'4 TNRNAP .('..£ &4£ATEC TNAi i tt' PLY AOP4c(YiATE mmt'.vALS: SP £i^+ SLarEis5~1 , SHOVe .o ee Co :I. REPMQCD SWPE .. Reeee,sQ SLTSHOVI.O 6E b :l FIG,Z { 2E"Pe,e,.aw St \35GP: reR.MAN 5 ::.\.. F1G . S WD05O.N nor PATCH51•{OV~U ,CiEPA sieO. Cf2K .M_S ,^PfiTCft£$WITH 1{p4L5vNsHbJLD6FFivLE.,2a . O1 5 Pj.ACCMEw1.T5 D GKAe.HS S 4OJLp 'orQJpiyATCDFJILi2E OvihLHot-ES TAl/}_°. J o1 D va DEPfl1 GHO JW .ANp(ZCPLAC.EI.1'c'NT V RECORDING REPAIRS 1 . Downloads from data collection will be picked up by maintenance crew for appropriate action and each point closed out after work is completed . 2 . When repairs are made, fmal data entry is to be completed for the individual record . 3 . The following information is captured in the record. 3. a)Type of repair mad e 3. b)Date repair mad e 3. c)Lead worker on repai r 3. d)Duration of repair effort 4 . Data records are stored on the City's network in accordance with data retention guidelines . Rev 11-29-12 Page 3 of 3 C2-5Page 501 of 555 ATTACHMENT 2 San Luis Obispo Municipal Code Section 12 .16 .02 0 12 .16 .020 Property owners responsibility . The maintenance, repair and collection of the cost of repair shall be governed by the procedure set fort h in Division 7, Part 3, Chapter 22 of the Streets and Highways Code of the state . (Prior code § 7330 .1) Page 502 of 555 ATTACHMENT 3 -1 STREETS AND HIGHWAYS COD E SECTION 5600-5602, 5610-5618, 5625-563 0 5600 . As used in this chapter "sidewalk" includes a park or parking stri p maintained in the area between the property line and the street line and als o includes curbing, bulkheads, retaining walls or other works for th e protection of any sidewalk or of any such park or parking strip . 5601 . This chapter shall only apply to maintenance and repair proceedings , whether upon work originally done under this division or otherwise, and shal l not be used for the construction of new improvements . The "Special Assessmen t Investigation, Limitation an d Majority Protest Act of 1931" shall not apply to proceedings taken under thi s chapter . 5602 . This chapter constitutes a separate and alternate procedure fo r performing the work specified herein and, except for the provisions of Part 5 of this division, no other provisions of this division shall apply t o proceedings instituted hereunder . 5610 . The owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and whe n the area between the property line of the adjacent property and the stree t line is maintained as a park or parking strip, shall maintain any sidewalk i n such condition that the sidewalk will not endanger persons or property an d maintain it in a condition which will not interfere with the publi c convenience in the use of those works or areas save and except as to thos e conditions created or maintained in, upon, along, or in connection with suc h sidewalk by any person other than the owner, under and by virtue of an y permit or right granted to him by law or by the city authorities in charg e thereof, and such persons shall be under a like duty in relation thereto . 5611 . When any portion of the sidewalk is out of repair or pendin g reconstruction and in condition to endanger persons or property or i n condition to interfere with the public convenience in the use of suc h sidewalk, the superintendent of streets shall notify the owner or person i n possession of the property fronting on that portion of such sidewalk so ou t of repair, to repair the sidewalk . 5612 . Notice to repair may be given by delivering a written notic e personally to the owner or to the person in possession of the property facin g upon the sidewalk so out of repair, or by mailing a postal card, postag e prepaid, to the person in possession of such property, or to the owne r thereof at his last known address as the same appears on the last equalize d assessment rolls of such city or to the name and address of the person ownin g such property as shown in the records of the office of the clerk . 5613 . The postal card shall contain a notice to repair the sidewalk so ou t of repair, and the superintendent of streets shall, immediately upon th e mailing of the notice, cause a copy thereof printed on a card of not les s than 8 inches by 10 inches in size, to be posted in a conspicuous place on Page 503 of 555 ATTACHMENT 3 -2 the property . In lieu of posting a copy of the mailed notice on the propert y as provided in this section, the superintendent of streets may, not less tha n seven days nor more than 10 days after the mailing of the first postal car d notice, mail an additional postal card, postage prepaid, marke d Second Notice," to the person to whom the first postal card notice wa s addressed . The second notice shall otherwise contain the material required b y this article, but shall not extend the time for commencing repairs specifie d in Section 5614 . 5614 . The notice shall particularly specify what work is required to b e done, and how it is to be done, and what materials shall be used in th e repair and shall further specify that if the repair is not commenced withi n two weeks after notice is given and diligently and without interruptio n prosecuted to completion, the superintendent of streets shall make suc h repair, and the cost of the same shall be a lien on the property . 5614 .1 . The legislative body may adopt a resolution determining that bond s shall be issued and assessments collected and enforced pursuant to Part 5 o f this division . In such event, the notice to repair shall specify that bond s shall be issued to represent the security of the unpaid assessments, payabl e over a period of not to exceed six years, and shall further recite a maximu m rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually . 5615 . If the repair is not commenced and prosecuted to completion with du e diligence, as required by the notice, the superintendent of streets shal l forthwith repair the sidewalk . Upon the written request of the owner of th e property facing the sidewalk so out of repair, as ascertained from the las t equalized assessment roll of the city, or as shown in the records of th e office of the clerk, the superintendent may repair any other portion of th e sidewalk fronting on the property that is designated by the owner . Th e superintendent shall have power to prescribe the form of the written request . The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequen t notices are given, hearings held and assessment and collection procedures ar e conducted . 5616 . Upon the completion of the repair, the superintendent of streets shal l cause notice of the cost of the repair to be given in the manner specified i n this article for the giving of notice to repair, which notice shall specif y the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair togethe r with any objections or protests, if any, which may be raised by any propert y owner liable to be assessed for the cost of such repair and any othe r interested persons . If bonds are to be issued, the notice shall also contai n the information required by Section 5614 .1 . 5617 . Upon the completion of the repair, the superintendent of streets shal l prepare and file with the legislative body a report specifying the repair s which have been made, the cost of the repairs, a description of the rea l property in front of which the repairs have been made and the assessmen t against each lot or parcel of land proposed to be levied to pay the cost Page 504 of 555 ATTACHMENT 3 -3 thereof . Any such report may include repairs to any number of parcels o f property, whether contiguous to each other or not . 5618 . Upon the day and hour fixed for the hearing the legislative body shal l hear and pass upon the report of the superintendent of streets, together wit h any objections or protests which may be raised by any of the property owner s liable to be assessed for the work of making such repair and any othe r interested persons . Thereupon the legislative body may make such revision , correction or modifications in the report as it may deem just, after which , by motion or resolution, the report as submitted, or as revised, corrected o r modified, shall be confirmed . The legislative body may adjourn the hearing s from time to time . The decisions of the legislative body on all protests an d objections which may be made, shall be final and conclusive . 5625 . The cost of the repair may be assessed by the legislative body agains t the parcel of property fronting upon the sidewalk upon which such repair wa s made, and such cost so assessed, if not paid within five days after it s confirmation by the legislative body, shall constitute a special assessmen t against that parcel of property, and shall be a lien on the property for th e amount thereof which lien shall continue until the assessment and al l interest thereon is paid, or until it is discharged of record . 5626 . The superintendent of streets may file in the office of the count y recorder of the county in which the parcel of property is located,a certificate substantially in the following form : NOTICE OF LIE N Pursuant to the authority vested in me by the Improvement Act o f 1911, I did, on the day of , 19_, cause the sidewalk, curb, or par k or parking strip, bulkheads, retaining walls, or other works (as the case ma y be) in front of the real property hereinafter described, to be repaired an d improved, and the legislative body of said city (county, or city and county ) did, on the day of , 19_, by Resolution No .assess the cost o f such repair upon the real property hereinafter described, and the same ha s not been paid nor any part thereof, and the said city (county, or city an d county), does hereby claim a lien on said real property in the sum o f dollars ($), and the same shall be a lien upon said real property unti l the said sum, with interest at the rate of percent per annum, from th e said day of , 19_ (insert date of confirmation of assessment), ha s been paid in full and discharged of record . The real property hereinbefore mentioned and upon which a lien is claimed , is that certain piece or parcel of land lying and being in the (name of city , or city and county) the county of , State o f and particularly described as follows : Description of property ) Dated this day of , 1 9 Superintendent of Street s 5627 . From and after the date of the recording of the notice of lien, al l• persons shall be deemed to have had notice of the contents thereof . Th e notice of lien may include claims against one or more separate parcels o f property, whether contiguous or not, together with the amount due , Page 505 of 555 ATTACHMENT 3 -4 respectively, from each such parcel . The statute of limitation shall not ru n against the right of the city to enforce the payment of the lien . If any suc h lien is not paid the city may file and maintain an action to foreclose suc h lien in the same manner and under the same procedure, so far as applicable , as that under which delinquent bonds are foreclosed under this division . 5628 . As an alternative method of collection of the amount of the lien, th e legislative body, after confirmation of the report of the superintendent o f streets, may order the notice of lien to be turned over to the assessor an d the tax collector of the city, whereupon it shall be the duty of thos e officers to add the amount of the assessment to the next regular bill fo r taxes levied against the lot or parcel of land . If city taxes are collecte d by the county officials, the notice of lien shall be delivered to the count y auditor, who shall enter the amount thereof on the county assessment boo k opposite the description of the particular property and the amount shall b e collected together with all other taxes thereon against the property . Th e notice of lien shall be delivered to the county auditor before the date fixe d by law for the delivery of the assessment book to the county board o f equalization . 5628 .1 . The legislative body shall have the power, in its discretion, t o determine that the payment of assessments of one hundred dollars ($100) o r more may be made in annual installments, not to exceed five, and that th e payment of assessments so deferred shall bear interest on the unpaid balanc e at a rate to be determined by the legislative body, not to exceed the rat e permitted for bonds by Section 53531 of the Government Code . Interest shal l begin to run on the 31st day after the confirmation of the assessments by th e legislative body . Determinations of the legislative body shall be expresse d by resolution at any time prior to the confirmation of the assessments . 5629 . Thereafter the amount of the lien shall be collected at the same tim e and in the same manner as ordinary city taxes are collected, and shall b e subject to the same penalties and interest and to the same procedure unde r foreclosure and sale in case of delinquency as provided for ordinary cit y taxes . All laws applicable to the levy, collection and enforcement of cit y taxes and county taxes are hereby made applicable to such special assessmen t taxes . 5629 .1 . If bonds are to be issued to represent the security of the unpai d assessments, upon confirmation of the report by the legislative body th e superintendent of streets shall give notice to pay by mail and by publicatio n substantially in the manner provided by Sections 4320 and 4321 of this code . The period for payment in cash stated therein shall be 30 days following th e date of confirmation of the report . Upon completion of the cash paymen t period, the superintendent of streets shall file with the county recorder a certificate substantially in the form set out in Section 5626, giving notic e therein that interest is payable at a rate to be fixed upon the sale o f bonds, which rate shall not exceed the rate permitted for bonds by Sectio n 53531 of the Government Code, and shall begin to run on the 31st day afte r the confirmation of the report . Thereafter the provisions of Part 5 commencing with Section 6400) shall be applicable and payments o n assessments at bond shall be made as therein provided . The bonds may be C2-10Page 506 of 555 ATTACHMENT 3 -5 issued and sold as the legislative body directs and may be dated at any tim e after the expiration of the cash payment period . 5630 . Whenever the property fronting on a sidewalk required to be maintaine d and repaired pursuant to the provisions of this chapter lies within one cit y or unincorporated territory of a county, and the sidewalk required to be s o maintained and repaired lies within another city or unincorporated territor y of a county, the superintendent of streets of the city or county havin g jurisdiction over the sidewalk shall have full authority to serve notices t o repair and do all work contemplated by Articles 2 and 3 of this chapter , notwithstanding the fact that the property fronting on the sidewalk lie s within another city or unincorporated territory of a county . The legislativ e body of the city or county within which the sidewalk has been repaire d pursuant to the provisions of this chapter shall have jurisdiction to levy a n assessment to pay the cost of any such sidewalk repairs against the parcel o f property fronting on said sidewalk, notwithstanding the fact that sai d property lies within another city or unincorporated territory of a county an d said assessment shall be a lien on said property for the amount thereof unti l the assessment and all interest thereon is paid or until it is discharged o f record . The provisions of Sections 5628 and 5629 of this code shall be applicabl e to the collection and enforcement of all liens levied pursuant to th e provisions of this section and the amount so collected shall be paid to th e treasurer of the city or county as the case may be which conducted th e proceedings . C2-11Page 507 of 555 Attachment4cityof it san tuts oaisp o siOewalk & parkway strip maintenanc e pnopeuty owneR nesponsn3ltitle s Oepantment of public work s 805-781-722 0 805-781-701 5 The City receives many requests from citizens to make repairs to sidewalks . This brochure provides genera l information to the public on this subject . What is the sidewalk, parkway, and curb and gutter ? The sidewalk, parkway strip, and curb & gutter are typically made of concrete and located next to the street o n the front and/or side portion of your property . The curb and gutter are located at the edge of the street pavement . The sidewalk is either separated from the curb by a parkway strip, or is located adjacent to the curb . Parkways are sometimes planted or filled in with brick or other materials . Who is responsible for maintenance ? The property owner is responsible for properly maintaining this area (see San Luis Obispo Municipal Cod e Section 12 .16 .020 and Streets and Highway Code Division 7, Part 3, Chapter 22). This responsibility includ e maintenance of damaged or displaced concrete and abatement of weeds or debris . While the City may be liabl ~ for injuries to pedestrians that are determined to have resulted from a dangerous condition of a public sidewalk , property owners should be aware that they may also be found liable if it is determined that their negligenc e caused someone to be harmed . When should property owners consider doing sidewalk replacement ? Replacement of the sidewalk, curb and gutter concrete should be considered when one or more of the followin g exists : When there is a vertical difference in height between sections of the sidewalk or concrete parkway strip o f 3/4" or more . If the concrete has broken apart . In any instance where the owner has reason to know that the condition presents a danger to users, or th e owner has observed someone trip because of damage to the surface . In addition to damaged sections of sidewalk, curb and gutter replacement is typically required when sidewalk s and driveways are replaced, unless the sidewalk is separated from the curb by a parkway . Patching should b e completed when horizontal openings greater than 1/2" exist . What are the options available for completing the work ? The City recommends construction of curbs, gutters, and sidewalks in City streets be performed by a properl y licensed and insured contractor . A permit is required for concrete repair . Call (805)781-7015 for permit requirements . Are there inspections and standards for concrete repair work ? Yes, all work and materials must be in conformance with the City of San Luis Obispo Engineering Standard s for Public Works Construction . C2-12Page 508 of 555 Attachment 4 Before placing any concrete, you must have any tree root removal approved, and the saw cut, forms, and bas e inspected . After approval, a City-approved concrete mix must be used . The surface fmish must be a light broom0mishwithscoremarks . After the work is completed, you must call for a final inspection . A permit is required for all concrete work in the public right-of-way . Engineering Standards for construction ar e available on the City's web site on the Public Works page www .slocity .org . For information on obtaining a permit call (805)781-7015 . Is the property owner responsible for repairs if the concrete damage is caused by a tree ? The City encourages street trees in front of residences . (Municipal Code 12 .24 .010) The property owner i s responsible for the maintenance of the street tree but the City will repair the sidewalk when the concrete ha s been damaged by a street tree, as funding is available, and timed with the area rotation program . Concret e damaged by trees other than street trees is the responsibility of the property owner . Maintenance, trimming an d replacement of street trees and shrubs is governed by Chapter 12 .24 .110, 12 .24.120 and 12 .24 .150 of the Municipal Code . What measures should be taken to minimize concrete displacement by tree roots ? Certain species of trees may raise concrete if preventative maintenance is not performed . To reduce the chanc e of future concrete displacement, trees can be root-pruned . Care must be taken when root pruning to avoi d damaging underground utilities or destabilizing or harming the tree . This work must be completed by a license d arborist . Also, deep-watering the tree, that is, applying a slow trickle of water over a 24-hour period, encourage s deeper root growth which reduces the chance of sidewalk damage . W If a problem is reported to the City, how long does it take for a repair ? hen a report is made to the City, it is entered into a work order program . Subject to the availability o f resources and personnel, the City will attempt to review the site within a week of entry of the work order . If a temporary repair, such as grinding or ramping the area can be made, the City will generally attempt to complet e that work within two weeks . Severe damage caused by a street tree, which cannot be repaired adequately, wil l be reconstructed as soon as resources and available personnel allow . Areas of less severe damage are completed as the next priority, working around the City in a systematic fashio n in advance of the paving program . That can mean the sidewalk will not be replaced for several years . Damage other than that caused by street trees needs to be completed by the property owner . Related to sidewalk repair is clearance and visibility.When is maintenance required ? Visibility – When parkway strip shrubbery interferes with the ability of a driver to see pedestrians o r approaching traffic, either from a driveway or an intersection, trimming of shrubs must be completed by th e property owner . Shrubs must be trimmed to a maximum height of 36", for a minimum distance of 30' fro m an intersection . (Municipal Code 10 .60 and 17 .16 .020 ) Walkway and Gutter Clearance – Trimming of ground cover or shrubs is required when the plants exten d onto or over the sidewalk, gutter, or street . Parkway Strip Condition – All tree stumps, large rocks, trash and holes must be removed by the property owner . The parkway strip must be level and holes must be filled and leveled with dirt or other material . When is a permit required for landscape maintenance work ? If the sidewalk or the street must be closed for the work, a permit is required from Public Works . Call (805)781 - 015 for additional information . If a tree is to be removed, a tree removal permit must be obtained . Applications for tree removal are available on the City's web site on the Public Works page www .slocity.org or call 781-7220 for additional information . Rev 1 .14.13 C2-13Page 509 of 555 Page intentionally left 0 blank . Page 510 of 555 iii council memonaii RECEIVE D UM 2 2 201 3 U 6Stl CITY CLER K AGENDACORRESPONDENCEDate2L3Item#Ca January 22, 201 3 TO :City Counci l VIA :Katie Lichtig, City Manage r FROM :Monica Irons, Director of Human Resour e ~`9 Greg Zocher, Human Resources Manger 0} SUBJECT : January 22 "a Agenda Item : Sidewalk Inspection Progra m Council Member Andrew Carter requested information regarding costs associated with "trip an d fall" claims filed against the City . In reviewing claims history for the last five fiscal years (200 7 through 2012), the City has received a total of 24 claims for "trip and fall" injuries . The total incurred and anticipated costs on those 24 claims will be approximately $866,000 . The average severity on those claims was $36,000 which is slightly higher than the California Joint Power s Insurance Authority pool severity average of $34,000 . Assuming, on average, five trip and fal l claims each year with an average severity of $36,000 the City spends approximately $173,00 0 per year on "trip and fall" claims . Page 511 of 555 Goodwin, Heather RECEIVE D JAN 2 2 201 3 Grimes, Maeve t Tuesday, January 22, 2013 4 :12 P M To :Goodwin, Heather Subject FW : Sidewalk Program Agenda Ite m Please forward for tonight . Thank yo u Maeve Kennedy Grime s City Cler k City of San Luis Obisp o 990 Palm Stree t San Luis Obispo, CA 9340 1 Phone : (805) 781-710 2 Email :mgrimes@slocitv .or g Original Message From : Carter, Andre w Sent : Tuesday, January 22, 2013 2 :33 P M To : Grimes, Maeve Grigsby, Daryl; Lichtig, Kati eSect: FW: Sidewalk Program Agenda Ite m Public Fil e Andrew Carte r Council Membe r City of San Luis Obisp o From :rschmidt@rain .org [rschmidt@rain .org] Sent : Tuesday, January 22, 2013 11 :54 AM To : Marx, Jan ; Carter, Andrew;dcarpen@slocity .org;Ashbaugh, John ; Smith, Kath y Subject : Sidewalk Program Agenda Ite m Dear Council Members , Re : the sidewalk inspection program . This is totally infuriating and an insult to every resident of this city– especially to those like myself who have fallen on ill - maintained city-owned sidewalks (Murray median) and have to live lifelong with the consequences . It is nothing more than an official rationale for doing nothing to repair neighborhood sidewalks . is asking you to endorse their slovenly do-nothing approach to neighborhood sidewalks . You MUST NOT ENDORS E Instead, you must direct staff to get on with repairing what needs to be repaired, and not to invent ridiculou s FLU Lt I Y LLtK K AGENDA CORRESPONDENC E Date .'/aa/13Item#C g-- 1 Page 512 of 555 programs" like this that claim to be about reducing risk but which are actually rationales for unethical treatment o f residents . report to you is so full of nonsense and lies, it's hard to know how to even deal with it . For example : A report of a trip and fall is given the highest priority for repair ." This is an outright lie . Nothing substantive has been done to the Murray median where I fell, despite more contacts t o the city and to YOU DIRECTLY than I can count . Staff has even lied to you and claimed the opposite . In fact, we've bee n told we'll just have to wait for repairs to the sidewalk till it's time to rebuild Murray's automobile portion, which is year s off. Linking sidewalk repair to street repaving is idiotic -- there's n o nexus .) The Sidewalk Inspection Program is one phase of sidewalk maintenance involving the proactive inspection o f sidewalks on a regular schedule ." What a lot of nonsense . Inspecting once every 8 years is "proactive?" Give me a break . You should fire people who writ e this sort of trash . But fear not, while neighborhoods get looked at once every 8 years, downtown will get annual inspections . Bravo! Thi s is just more of the city's "free lunch" approach to how it allocates its resources : handouts to the rich and powerful an d sticking the rest of us with the bill, and the pain and suffering . An average vertical displacement between sidewalk abutments that is used to evaluate a "trivial defec'is 3/4 inch ." A % inch displacement is not trivial in the least . It's exactly the sort of thing people trip on – huge displacements ar e obvious, and can be avoided, but these aren't noticed, and are plenty to catch the toe or heel of a shoe and sen d someone flying . That's what happened to me . To neglect to note such defects "for appropriate action" is dereliction o f city's responsibility . This inspection program will assist in protecting the City in the event claims are made for inadequate maintenance o f the sidewalks and thus will reduce risk and liability ." Now we're getting down to what it's really all about – persiflage t o create a paper trail to fend off insurance claims from people injured by the city's malfeasance . The city should be ashamed . THE CITY DOESN'T NEED THIS FANCY PAPERTRAIL DO-NOTHING NEIGHBORHOOD SIDEWALK INSPECTION PROGRAM . WHAT IT NEEDS IS FOR THE COUNCIL TO TELL STAFF TO GET TO WORK FIXING NEIGHBORHOOD SIDEWALK DEFECT S NOW!, AND TO PROVIDE THEM THE FUNDS TO DO IT . FIX THE SIDEWALKS NOW ! Richard Schmidt 2 Page 513 of 555 Page 514 of 555 Public Works Department 919 Palm St.Specification Number: 1000199 San Luis Obispo, CA Task Order No: 93401-3218 Location 1 Contingency *Total *For cost in excess of $100,000 attach City Manager Report approving purchase. Estimated Costs Replacement of Driveway and sidewalk, creating ada compliance. Description of Project: Extra Work -$ 27,618.28$ 4,603.05$ Unit Price Work 22,908.75$ Asphalt Material 106.48$ Task Order Details Work Order No.Nearest Address Description 1543 Morro & 878 Islay Driveway Replacement Streets and Sidewalk Maintenance JOC - AUTHORIZATION City of San Luis Obispo Page 515 of 555 Item No.Item Description Unit of Measure Unit Price Estimated Quantity Estimated Cost Actual Quantity Final Cost 1CCO1 Edge Grind SQFT 10.25$ -$ -$ 2CCO1 1.75" Thin Maintenance Overlay SQFT 13.33$ -$ -$ 3CCO1 2” AC Grind & AC Overlay-1/2'' Aggregate SQFT 41.00$ -$ -$ 4CCO1 6” AC Pavement - Excavation & Restoration SQFT 9.23$ -$ -$ 5CCO1 10” AC Pavement - Excavation & Restoration SQFT 13.33$ -$ -$ 6CCO1 8” PCC with 3” max AC Cap - Excavation & Restoration SQFT 29.73$ 50 1,486.25$ -$ 7CCO1 Class II Aggregate TON 87.13$ -$ -$ 8CCO1 Trench Backfill Sand TON 76.88$ -$ -$ 9CCO1 AC Dike - Caltrans A87B LF 23.58$ -$ -$ 10CCO1 Pavement Reinforcing Fabric SQYD 71.75$ -$ -$ 11CCO1 Geo Textile Grid SQYD 51.25$ -$ -$ 12CCO1 Fog Seal SQYD 25.63$ -$ -$ 13CCO1 Pavement Marking-Caltrans A24 SQFT 18.45$ -$ -$ 14CCO1 12'' White Line Limit Line LF 20.50$ -$ -$ 15CCO1 Traffic Stripe-Caltrans A20A Detail 1 LF 20.50$ -$ -$ 16CCO1 Traffic Stripe - Caltrans A20A Detail 2 LF 20.50$ -$ -$ 17CCO1 Traffic Stripe - Caltrans A20A Detail 8 LF 20.50$ -$ -$ 18CCO1 Traffic Stripe - Caltrans A20A Detail 9 LF 20.50$ -$ -$ 19CCO1 Traffic Stripe - Caltrans A20B Detail 22 LF 23.58$ -$ -$ 20CCO1 Traffic Stripe - Caltrans A20D Detail 29 LF 23.58$ -$ -$ 21CCO1 Traffic Stripe - Caltrans A20D Detail 38 LF 23.58$ -$ -$ 22CCO1 Traffic Stripe - Caltrans A20D Detail 39 LF 23.58$ -$ -$ 23CCO1 Traffic Stripe - Caltrans A20D Detail 39A LF 23.58$ -$ -$ 24CCO1 Reflective Pavement Marker-All Types EA 35.88$ -$ -$ 25CCO1 Hi-Vis-Crosswalk-STD 7350 LF 307.50$ -$ -$ 26CCO1 Bike Lane Buffer LF 30.75$ -$ -$ 27CCO1 Green Bike Lane Coating-STD 7360 SQFT 51.25$ -$ -$ 28CCO1 Remove Traffic Stripe LF 15.38$ -$ -$ 29CCO1 Remove Pavement Marking SQFT 15.38$ -$ -$ 30CCO1 Remove & Replace Sidewalk - Std. 4110 (Area Under 60 SQFT) SQFT 71.75$ -$ -$ 31CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - 60 to 180 SQFT) SQFT 61.50$ 100 6,150.00$ -$ 32CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - over 180 SQFT) SQFT 51.25$ -$ -$ 33CCO1 Remove & Replace Curb and Gutter - Std. 4030 LF 92.25$ -$ -$ 34CCO1 Remove & Replace Curb Ramp - Std. 4440 SQFT 24.60$ -$ -$ 35CCO1 Remove & Replace Cross Gutter - Std. 4310 SQFT 205.00$ -$ -$ 36CCO1 Remove & Replace Driveway Ramp - Std. 2110,2111,2115,2116 SQFT 35.88$ 300 10,762.50$ -$ 37CCO1 Mission Style PCC Coloring and Salt Finish SQFT 6.15$ -$ -$ 38CCO1 Mission Style Tile Installation per Std. 4220 LF 71.75$ -$ -$ 39CCO1 Single Mission Tile Installation - Std. 4220 EA 82.00$ -$ -$ 40CCO1 Replace Truncated Domes - Std. 4440 SQFT 71.75$ -$ -$ 41CCO1 Repaint Curb LF 6.15$ -$ 42CCO1 Furnish & Install Metal Post - Std. 7210 EA 666.25$ -$ -$ 43CCO1 Furnish & Install Metal Post - Std. 7215 EA 717.50$ -$ -$ 44CCO1 Furnish and Install Sign EA 512.50$ -$ -$ 45CCO1 Reconstruct Guardrail - Caltrans A77A1 LF 512.50$ -$ -$ 46CCO1 Furnish and Install Tree Well - Std. 8130, 4'x4' EA 5,125.00$ -$ -$ 47CCO1 Furnish and Install Tree Well - Std. 8130, 5'x5' EA 5,945.00$ -$ -$ 48CCO1 Furnish and Install Tree Well - Std. 8130, 6'x6' EA 7,175.00$ -$ -$ 49CCO1 Enlarge Tree Grate Opening EA 256.25$ -$ -$ 50CCO1 Catch Basin - Std. 3350 EA 15,375.00$ -$ -$ 51CCO1 Catch Basin - Std. 3355 EA 18,450.00$ -$ -$ 52CCO1 Catch Basin - Std. 3355A EA 12,300.00$ -$ -$ 53CCO1 Catch Basin - Std. 3360 EA 18,450.00$ -$ -$ 54CCO1 Adjust Utility Cover - Std. 6040 EA 768.75$ -$ -$ 55CCO1 Manhole Frame and Cover Replacement - Std. 6040 EA 2,562.50$ -$ -$ 56CCO1 Manhole Replacement - Std. 3530 or 6610 EA 13,325.00$ -$ -$ 57CCO1 Manhole Coating EA 30,750.00$ -$ -$ 58CCO1 Construct Well / Cleanout - G5 - Std. 6710 EA 1,230.00$ -$ -$ 59CCO1 Potholing (Depth - 0’ to 4') EA 666.25$ -$ -$ 60CCO1 Potholing (Depth - 4' to 8') EA 973.75$ -$ -$ 61CCO1 Potholing (Depth - 8'+) EA 1,332.50$ -$ -$ 62CCO1 Pipe Excavation & Restoration (Depth - 0’ to 2.5’) LF 205.00$ -$ -$ 63CCO1 Pipe Excavation & Restoration (Depth - 2.5’ to 8.5’) Shoring Required LF 410.00$ -$ -$ 64CCO1 Pipe Excavation & Restoration (Depth - 8.5’+) Shoring Required LF 666.25$ -$ -$ 65CCO1 Traffic Control - Eng. Std. Appendix G – Fig A HR 133.25$ -$ -$ 66CCO1 Traffic Control - Eng. Std. Appendix G – Fig B HR 256.25$ -$ -$ 67CCO1 Traffic Control - Eng. Std. Appendix G – Fig C HR 205.00$ -$ -$ 68CCO1 Traffic Control - Eng. Std. Appendix G – Fig D HR 256.25$ -$ -$ 69CCO1 Traffic Control - Eng. Std. Appendix G – Fig E HR 153.75$ -$ -$ 70CCO1 Traffic Control - Eng. Std. Appendix G – Fig F HR 205.00$ -$ -$ 71CCO1 Traffic Control - Eng. Std. Appendix G – Fig G HR 205.00$ -$ -$ 72CCO1 Traffic Control - Eng. Std. Appendix G – Fig H HR 153.75$ -$ -$ 73CCO1 Traffic Control - Eng. Std. Appendix G – Fig I HR 205.00$ -$ -$ 74CCO1 Traffic Control - Eng. Std. Appendix G – Fig J HR 205.00$ -$ -$ 75CCO1 Traffic Control - Eng. Std. Appendix G – Fig K HR 169.13$ -$ -$ 76CCO1 Traffic Control - Eng. Std. Appendix G – Fig L HR 358.75$ -$ -$ 77CCO1 Traffic Control - Eng. Std. Appendix G – Fig M HR 133.25$ -$ -$ 78CCO1 Traffic Control - Eng. Std. Appendix G – Fig N HR 256.25$ -$ -$ 79CCO1 Traffic Control - Eng. Std. Appendix G – Fig O HR 287.00$ -$ -$ 80CCO1 Traffic Control - Eng. Std. Appendix G – Fig P HR 102.50$ 8 820.00$ -$ Unit Price Contract Work Page 516 of 555 81CCO1 Minor Traffic Control HR 76.88$ 48 3,690.00$ -$ 82CCO1 Abandon and Grout (E) Sanitary Sewer with Flowable Fill CY 153.75$ -$ -$ 83CCO1 2" SCH 40 Conduit, 2-Sac Concrete Capped LF 61.50$ -$ -$ 84CCO1 4" SCH 40 Conduit, 2-Sac Concrete Capped LF 66.63$ -$ -$ 85CCO1 2" SCH 40 Conduit, City Standard 6035 - Trench Detail LF 66.63$ -$ -$ 86CCO1 4" SCH 40 Conduit, City Standard 6035 - Trench Detail LF 71.75$ -$ -$ 87CCO1 Electrical Pull Box, PG&E Type #2 (17"x30"x26") LF 1,025.00$ -$ -$ 88CCO1 Pexco City Post (EAC Mount), 36'' Height, white w/ 3 Grey retroreflective strips ( or approved equal)LF 256.25$ -$ -$ 89CCO1 Pexco City Post (EAC Mount), 18'' Height, white w/ 3 Yellow retroreflective strips ( or approved equal)LF 230.63$ -$ -$ Estimated Cost 22,908.75$ Actual Cost -$ Estimate Tons Unit Price Cost 15% Markup Site Total 0.93 100.00$ 92.59$ 13.89$ 106.48$ Estimate Total 106.48$ Tons Unit Price Cost 15% Markup Ticket Total -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Actual Total -$ Estimate Est. No. Location Cost 111 Location X -$ 222 Location Y -$ -$ Actual EW No. Location Cost 111a Location X -$ 222b Location Y -$ -$ 1234 Plant Install A Install B Task Install A Install B Task Actual Actual Total Estimated Total 1234 Plant 1234 Plant 1234 Plant Asphalt Concrete Material Extra Work Ticket Number and Plant Page 517 of 555 Task Order - Paving Estimate Location Work Order Address Description No. Patches L1 (ft)W1 (ft)L2 (ft)W2 (ft)L3 (ft)W3 (ft) Area (SF) AC Depth (in) PCC/AC Edge Grind (SF) Reinforcing Fabric (SY) Adjust Utility Cover (EA)Tons of AC Adjusted Striping Detail Striping (ft/SF/EA) Traffic Control #1 Traffic Control #2 Hours Notes 1 1543 Morro Pave Out 25 2 50.0 Yes 1.75 Fog Seal Minor 2 A24 A 6 12" White Line B 10 1 C 50.0 PCC/AC 2 D 8 E 9 F 22 G 29 H 38 I 39 J 39A K Markers L Crosswalk M Bike Lane Buffer N Green Bike Lane Coating O Remove Traffic Stripe P Remove Marking Page 518 of 555 Task Order - Concrete Estimate Location Work Order Address Description No. Patches Total Length L1 (ft) Total Width W1 (ft) Tree Well Length (Deduction) L2 (ft) Tree Well Width (Deduction) W2 (ft) Number of Tree Wells Other (Deduction) L3 (ft) Other (Deduction) W3 (ft) Area (ft2) Mission Style Mission Style Tile (ft) Curb and Gutter (ft) Curb Ramp (SF) Truncated Domes (SF) Cross Gutter (SF) Driveway Ramp (SF) Repaint Curb (ft) Metal Sign Posts and Sign (EA) Traffic Control Hours Notes Cover Page Description 1 1543 Morro Street Driveway Replacement 1 10 10 100.0 300 Minor 48 P 8 Replacement Tree Wells 100.0 Regular 300 Minor 48 4'Mission A 5'B 6'C Enlarge D E F G H I J K L M N O P 8 Page 519 of 555 Public Works 919 Pal$ Skeet San Lurs {-rDispo CA 34C1 '321?r &\)5 7?t 72AA stoc;ly orq February 10,2025 WEIPERT FAMILY TRUST 675 RANCHO OAKS DR sLo, cA 9340L-81.45 Subject: Second lnformal Notice to Repair Sidewalk -1'543 Morro Street, San Luis Obispo Dear Property Owner: The sidewalk and driveway apron adjacent to your property located at 1543 Morro Street in the City of San Luis Obispo has been identified as a dangerous condition and must be mitigated. The City's Streets Maintenance Program has made temporary repairs; however, you as the adjacent property owner are responsible for the permanent repairs in compliance with the City's Engineering Sta nda rds. The City of San Luis Obispo's Municipal Code identifies the improvements between the street line and property line as being the maintenance responsibility of the adjacent property owner' r San Luis Obispo Municipal Code 12.16.020 - Property Owner's Responsibility The mointenonce, repair ond collection of the cost of repoir sholl be governed by the procedure set forth in Division 7, Port 3, Chopter 22 of the Streets ond Highwoys Code of the stote. (Prior code 5 7330.1-) public Works Department staff sent you the first lnformal Notice to Correct on IA/U 12023, with the request to complete the necessary work within 120 days to the satisfaction of the City. After a review of the file and inspection of the property, staff has noted the conditions have not been corrected' you shallobtain an Encroachment permit no later than4/1,12025 and complete the repairswithin 30 days of this of the permit issuance. Failure to comply with the above-stated dates will result in the City issuing a formal Notice to Correct and the work being completed by the City's contractor. lt should be noted, if the work is completed by a City contractor, the work is subject to prevailing wage requirements' A hearing has been added to the 5/20/2025 City Council agenda to seek approval for the necessary work and to pursue reimbursementthrough a specialassessment and lien, should the work not be completed by the above stated date. Please feel free to contact me with any questions at nstephenson@slocity'org' Page 520 of 555 Since re ly, Nehimiah StePhenson Maintenance SuPerintendent Public Works DePartment Attachments: Previous Correspondences, Photos, Sidewalk Brochure, Applicable Streets and Highways Code Page 521 of 555 Areas of less severe damage are completed as the next priority, working around the City in a systematic fashion in advance of the paving program. That can mean the sidewalk will not be replaced for several years. Damage other than that caused by street trees needs to be completed by the propery owner. Related to sidewalk repair is clearance and visibility. When is maintenance required? . Visibility - When parkway strip shrubbery interf'eres with the ability of a driver to see pedestrians or approaching traffic, either fiorn a driveway or an intersection, trimming of shrubs must be completed by the properry owner. Shrubs must be trimmed to a maximurn height of 36", for a minimum distance of 30' fiom an intersection. (Municipal Code 10.60 and 17. 16.020) r Walkway and Gutter Clearance * Trimming of ground cover or shrubs is required when the plants extend onto or over the sidewalk, gutler. or street. . Parkway Strip Condition - All tree stumps, large rocks, trash and holes must be removed by the property owner. The parkway strip must be level and holes must be filled and leveled with dirt or other material. When is a permit required for landscape maintenance work? If the sidewalk or the street must be closed for the work, a permit is required frorn Public Works. Call (805)7S l-7015 for additional infbrmation. If a tree is to be removed, a tree removal permit must be obtained. Applications for tree removal are available on the City's web site on the Public Works page www.slocity.org or call 78 l-7220 for additional information. U) l.J -)o u-i - -E< E.a-@O(n ^-A)\)/J3(to _ oP)--6 *:.ow {l O-}6' \a -d -o5 CrtvoF sflnI,(IIS Sidewalk & Parkway Strip Maintenance Property Owner Responsibilities Department of Public Works 805-78 1-1220 805-78l-7015 Ret' 1.1 1.1 3 )I Page 522 of 555 'Ihe City receives many requests fiom citizens to nrake repairs to sidewalks. This brochure provides general information to the public on this subject. What is the sidewalk, parkway, and curb and gutter? "fhe sidewalk, parkway strip, and curb & gutter are typically rnade of concrete and located next to the street on the front and/or side portion of your propefty. The curb and gutter are located at the edge of the street pavement. The sidewalk is either separated ffom the curb by a parkway strip, or is located adjacent to the curb. Parkways are sometimes planted or filled in with brick or other rnaterials. Who is responsible for maintenance? The property owner is responsible for properly rnaintaining this area (see San Luis Obispo Municipal Code Section 12.16.020 and Streets and tlighway Code Division 7, Part 3, Chapter 22). 'Ihis responsibility includes maintenance of darnaged or displaced concrete and abaternent of weeds or debris. While the City may be liable for inluries to pedestrians that are determined to have resulted from a dangerous condition of a public sidewalk, property owners should be aware that they mav also be found liable if it is determined that their negligence caused son.leone to be harmed. When should property owners consider doing sidewalk replacement? Replacenrent of the sidewalk, curb and gutter concrete should be considered when one or lnore of the following exists: . When there is a vertical difference in height between sections of the sidewalk or concrete parkway strip of 3/4" or more. r Ifthe concrete has broken aparl.. ln any instance where the owner has reason to krrow that the condition presents a darrger to users. or the owner has observed someone trip because of damage to the surface. ln addition to damaged sections of sidewalk, curb and gutter replacernent is typically required when sidewalks and driveways are replaced. unless the sidewalk is separated frorn the curb by a parkway. Patching should be completed when horizontal openings greater than l/2" exist. What are the options available for completing the work? The City recommends construction of curbs, gutters, and sidewalks in C ity streets be perfonned by a properly licensed and insured contractor. A pennit is required for concrete repair. Call (80-s)781-7015 for permit requirements. Are there inspections and standards for concrete repair work? Yes, all work and materials must be in conformance with the City of San Luis Obispo Engineering Standards for Public Works Construction. Before placing any concrete, you must have any tree root removal approved, and the saw cut, forrns, and base inspected. After approval, a City-approved concrete nrix must be used. The surface finish must be a light broonr finish with score marks. After the work is completed, you musl call for a final inspection. A pennit is required for all concrete work in the public right-of-way. Engineering Standards for construction are available on the City's web site on the Publrc Works page www.slocity.org. For information on obtaining a pennit call (805)781- 7015. ls the property owner responsible for repairs if the concrete damage is caused by a tree? The City encourages street trees in front of residences. (Municipal Code 12.24.010) l'he property owner is responsible fbr the rnaintenance of the street tree but the City will repair the sidewalk when the concrete has been damaged by a street tree, as funding is available. and timed with the area rotation program. Cloncrete damaged by trees other than street trees is the responsibility of the propefty owner. Maintenance, trimrning and replacement of street trees and shrLrbs is governed by Chapter 12.24.110. 12.24.120 and 12.24.150 of the MunicipalCode. What measures should be taken to minimize concrete displacement by tree roots? Certain species of trees rnay raise concrete if preventative maintenance is not performed. To reduce the chance of future concrete displacement. trees can be root-pruned. Care must be taken when root pruning to avoid darnaging underground utilities or destabilizing or harming the tree. This work must be cornpleted by a licensed arborist. Also, deep- watering the tree, that is, applying a slow trickle of water over a 24-hour period, encourages deeper root growth which reduces the chance of sidewalk damage. lf a problem is reported to the City, how long does it take for a repair? When a report is made to the City, it is entered in to the work order program. Subject to the availability of resources and personnel, the City will attenrpt to review the site within a week of entry of the work order. lf a ternporary repair. such as grinding or ramping the area can be made, the City will generally attempt to complete that work within two weeks. Severe damage caused by a street tree, which cannot be repaired adequately, will be reconstructed as soon as resources and available personnel allow. Page 523 of 555 Public Works 919 Palm Slreet, San Luis Obispo. CA 93401 3218 E05 78t 7200 slocity org November sth, 2024 Attention: Owner of 1543 Morro St, San Luis Obispo, CA 675 RANCHO OAKS DR slo, cA 93401-8145 Subject: Notice to Correct Sidewalk adjacent to 1543 Morro St APN. 003-538-016 Dear Property Owner: The sidewalk and driveway apron adjacent to your property at 1543 Morro in the City of San Luis Obispo must be repaired. This section of sidewalk at 1543 Morro is considered a dangerous condition that must be mitigated. The condition of the concrete has deteriorated so severely that a temporary repair effort by Public Works staff would fail in a very short time and make the sidewalk more of ahazard This sidewalk was brought to our attention by a citizen complaint. The City of San Luis Obispo's Municipal Code identifies the curb, gutter and sidewalk adjacent to your property as being the maintenance responsibility of the property owner, in this case, Maddalena Roland C Exemption Trust. o 12.16.020 Property owner's responsibility - Crty Municipal Code The maintenance, repair and collection of the cost of repair shall be governed by the procedure set forth in Division 7, Part 3, Chapter 22 of the Sfreefs and Highways Code of the state. (Prior code S 7330.1) The appropriate sections of the Streets and Highway Code are included as an attachment to this letter. Below are some incrementaltimeframes to complete the work. Within 30 calendar days of this letter, you must acknowledge receipt of this letter Within 60 calendar days of this letter, you must submit to the City the necessary repair plans for the issuance of an encroachment permit. Within 90 calendar days of this letter, you must obtain an encroachment permit from the City to complete the necessary repair work. Within 120 calendar days of this letter, you must complete the necessary repair work to the satisfaction of the City. a a a a Page 524 of 555 This repair work can be costly; if you prefer to propose alternate timeframes for consideration, please submit those in writing to me within 30 calendar days of this letter. Failure to comply with this request could lead to formal Notices to Correct being issued with accelerated repair timeframes as required by the streets and Highways code. Sincerely, Nemo Stephenson Maintenance Superintendent Nstephenson@slocitv.orq 805-783-781 3 Cc: Public Works Administration Streets Maintenance Attachments 1, Attachment 1 - Streets and Highway Code - Division 7 , Parl3, Chapter 222. Sidewalk Photos 3. Sidewalk & Parkway Strip Maintenance, Property Owner Responsibilities. Page 525 of 555 STREETS AND HIGHWAYS CODE. SHC DIVISION 7. THE IMPROVEMENT ACT OF 1911 PART 3. PERFORMING THE WORK CHAPTER 22. Maintenance of Sidewalks ARTICLE 2. Repairs 5510. The owners of lots or portions of lots fronting on anV portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain anv sidewalk in such condition the sidewalk will not endanser oersons or orooertv and maintai it in a condition which will not interfere the oublic convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto. 5611.When anv oort n of the sidewalk is out of ir or oendins reconstruction nd in condition endan rtn ndition blic co such side streets r rson tn nfina nn r+ nar+ian ^{ ., '-h sidewal lz cn nr rf af ranrir ir the .irla.rrrllzfro 56t2. Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of such city or to the name and address of the person owning such property as shown in the records of the office of the clerk. 5513. The postal card shall contain a notice to repair the sidewalk so out of repair, and the superintendent of streets shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than 8 inches by 10 inches in size, to be posted in a conspicuous place on the property. ln lieu of posting a copy of the mailed notice on the property as provided in this section, the superintendent of streets may, not less than seven days nor more than 10 days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked "second Notice," to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this article but shall not extend the time for commencing repairs specified in Section 5614. 5514. The notice shall particularlv specifv what work is required to be done, and how it is to be done. materials ir and s hat if the within na w out in letio the shall m e cost of same shall be a lien on the propertv. 5614.1. The legislative body may adopt a resolution determining that bonds shall be issued, and assessments collected and enforced pursuant to Part 5 of this division. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, Page 526 of 555 payable over a period of not to exceed six years, and shall further recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. 5515. lf the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the superintendent of streets shall forthwith repair the sidewalk. Upon the written request of the owner of the property facing the sidewalk so out of repair, as ascertained from the last equalized assessment roll of the city, or as shown in the records of the office of the clerk, the superintendent may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The superintendent shall have power to prescribe the form of the written request. The cost of repair work done by request pursuant to this section shall be a part of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings held, and assessment and collection procedures are conducted. 5616. Upon the completion of the repair, the superintendent of streets shall cause notice of the cost of the repair to be given in the manner specified in this article for the giving of notice to repair, which notice shall specify the day, hour and place when the legislative body will hear and pass upon a report by the superintendent of streets of the cost of the repair together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such repair and any other interested persons. lf bonds are to be issued, the notice shall also contain the information required by Section 561,4.1,. 5617. Upon the completion of the repair, the superintendent of streets shall prepare and file with the legislative body a report specifying the repairs which have been made, the cost of the repairs, a description of the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof. Any such report may include repairs to any number of parcels of property, whether contiguous to each other or not. 5518. Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the work of making such repair and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed. The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made, shall be final and conclusive. Page 527 of 555 1543 Morro - Sidewalk photos' Page 528 of 555 Page 529 of 555 r'{irvs COMPLETE TH'S SECflON ON DEL'VERY r Complete items 1,2, and 3. t Print your name and address on the reverse so that we can return the card to you. r Attach this card to the back of the mailpiece, Wripert FOrntty Trus"r b-15 BOrqJr.to Oqrbg W' Son w**,qlff, ill ]ilI llll llllllllll I I llllI ll I llI Illll lll 9590 9402 8995 4122 4044 04 1. Articls Addressed to: or on the front if sPace SENDER: CoMPLETE IHrS SFCT,oN E Agent c.- , rellven84{ D. ls delivery address different from item 1? lf YES, enter delivery address below:u s tcs No I I Page 530 of 555 ll|]iltililllilfrtffiflffiHilffin" USPSTRACKING# {=lllll First-Class Mail Postage & Fees Paid USPS Permit No. G-10 United States PostalService 15qE 1qoe al15 rt lee q0qq E|{ a Please print your name, address,and ZIP+4@ in this City of San Luis Obispo Public Works z5 Prado Road San Luis o1 NC frmlqn S 11inj,lplilf llinrijf ,spi;rillllji'f 'ljllilyini,ii,t,tti,ti,,t Page 531 of 555 Page 532 of 555 Notice to Correct Process and Review of Specific Locations May 20, 2025 Recommendations 1.Adopt a Draft Resolution approving the process for issuing Informal and Formal Notices to Correct for frontage improvement deficiencies that are within the area regulated by the Streets and Highways Code;and 2.Adopt a Draft Resolution approving the issuance of Formal Notices to Correct to the property owners of 360 Chorro Street,368 Chorro Street,878 Islay Street,859 Mission Street,867 Mission Street,875 Mission Street,and 1543 Morro Street,and authorizing the City to execute the required work if the property owner fails to commence the work within 14 days after the first Formal Notice to Correct is sent;and 3.Authorize the use of CIP Reserve funding should property owners fails to commence the work within 14 days after the first Formal Notice to Correct is sent, requiring the City to execute the work; and 4.Authorize the Public Works Director to waive issuance of a Formal Notice to Correct if the property owner takes corrective action before the notice is formally issued. Streets and Highways Code Sidewalk Inspections Nine Pavement Zone Each zone is inspected every eight years Downtown (Zone 9) is inspected annually Request submitted from the community through Ask SLO Sidewalks Requiring Correction Vertical displacements ¾” or greater Sidewalk slopes that exceed 5:1 Cracks and holes ½” or greater Informal NOC Process Step City of SLO Process S&HC Requirement Timeline 1. Inspection Sidewalks inspection proactively by zone Not Required by S&HC 2. Informal NOC First Notice Not Required by S&HC 120-day timeline to Complete Work 3. Second Informal NOC Second Notice Not Required by S&HC Additional 90 days (220 days after first NOC) Formal NOC Process Step City of SLO Process S&HC Requirement Timeline 4. Council Authorization Staff seeks Council approval to initiate the Formal SHC process & use CIP Reserves Not Required by S&HC 5. Formal Notice to Correct Formal NOCs sent if approved by council Required by S&HC 5611-5614 Work must start within 14 days of NOC 6. City Performs Repairs City selects contractor to complete the work Allowed under S&HC 5615 Cost Recovery Process Step City of SLO Process S&HC Requirement Timeline 7. Hearing on Costs Public Hearing before Council on work completed and final costs Required under S&HC 5616–5618 Due within 5 Days 8. Assessment & Lien If unpaid after hearing, cost become a special assessment and lien Required under S&HC 5625–5629 Specific NOC Locations NOC Cases As of 5/15/25 Work Completed 3 Opposed to Determination 2 Working on Encroachment Permit 1 Unopposed, Funding Difficulties 1 Unresponsive 1 Total 8 878 Islay Street Deteriorated sidewalk condition Replacement required First Informal NOC sent 8/19/24 Two Informal NOCs sent Site visit with property owner Property owner acknowledged requirement and requested City to complete repairs Shared approach with 1543 Morro Approximate repair cost: $13,809 1543 Morro Street Deteriorated sidewalk condition Replacement required First Informal NOC sent 8/19/24 Two Informal NOCs sent Site visit with property owner representative Property owner has acknowledged requirement and actively working on encroachment permit Shared approach with 878 Islay Approximate repair cost: $13,809 859 Mission Street Deteriorated sidewalk condition Replacement required First Informal NOC sent 10/17/23 Two Informal NOCs sent Unresponsive out of state property owner Approximate repair cost: $21,094 867 Mission Street Deteriorated sidewalk condition Replacement required First Informal NOC sent 10/17/23 Two Informal NOCs sent Email communication with property owner Site visit with property owner Property owner objects to the determination Shared approach with 875 Mission Approximate repair cost: $11,200 875 Mission Street Deteriorated sidewalk condition Replacement required First Informal NOC sent 8/19/24 Two Informal NOCs sent Site visit with property owner Email communications with property owner Property owner objects to the determination Shared approach with 867 Mission Approximate repair cost: $11,200 Next Steps Initiate Formal NOC Process First Formal NOC Issued by mid-June Second Formal NOC Issued 7 days After First NOC City to Complete the Work if not Started in 14 Days After First NOC Issue PO To JOC Contractor Request Right of Entry from Property Owner Public Hearing with City Council to Authorize Cost Recovery Report on Work Completed and Cost Provide Opportunity for Protest Issue Cost Recovery to Property Owner for Completed work File Lien with County Recorder if Unpaid Recommendations 1.Adopt a Draft Resolution approving the process for issuing Informal and Formal Notices to Correct for frontage improvement deficiencies that are within the area regulated by the Streets and Highways Code;and 2.Adopt a Draft Resolution approving the issuance of Formal Notices to Correct to the property owners of 360 Chorro Street,368 Chorro Street,878 Islay Street,859 Mission Street,867 Mission Street,875 Mission Street,and 1543 Morro Street,and authorizing the City to execute the required work if the property owner fails to commence the work within 14 days after the first Formal Notice to Correct is sent;and 3.Authorize the use of CIP Reserve funding should property owners fails to commence the work within 14 days after the first Formal Notice to Correct is sent, requiring the City to execute the work; and 4.Authorize the Public Works Director to waive issuance of a Formal Notice to Correct if the property owner takes corrective action before the notice is formally issued. Questions?