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Home My WebLink AboutR-11605 confirming the report on & assessing the cost of repairs against the property at 878 Islay fR 11605 RESOLUTION NO. 11605 (2025 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, CONFIRMING THE REPORT ON THE COST OF REPAIRS AND ASSESSING THE COST OF REPAIRS AGAINST THE PROPERTY AT 878 ISLAY FOR THE REPLACEMENT OF DETERIORATED FRONTAGE IMPROVEMENTS THAT WERE COMPLETED BY THE CITY AS REQUIRED BY FORMAL NOTICES TO CORRECT, PURSUANT TO SAN LUIS OBISPO MUNICIPAL CODE 12.12.020 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, on May 22, 2024, City Public Works staff identified that the sidewalk adjacent to the property located at 878 Islay Street adjacent was deteriorated and needed to be replaced; and WHEREAS, beginning on August 19, 2024, the owner of the property at 878 Islay Street was provided with Informal and Formal Notices to Correct informing them the sidewalk was deteriorated and needed to be replaced in conformance with the City of San Luis Obispo Standard Specifications and Engineering Standards, that the repairs were to commence within the specified timeframes in conformance with the California Streets and Highways Code, and that if repairs were not commenced by the date specified or if the repairs were commenced but were not diligently and without interruption prosecuted to completion, the Public Works Department for the City of San Luis Obispo would make the required repairs and that the cost incurred by the City in making the repairs would become an assessment against the adjacent properties; and WHEREAS, the property owner did not commence the repairs by the date specified in the formal Notice to Correct issued pursuant to Streets & Highways Code §5611-5614 and requested that the City or its contractor complete the repairs; and WHEREAS, the Public Works Department undertook the required repairs as indicated in the Work Completion Report (Exhibit A) and completed such repairs on August 12, 2025, and WHEREAS, the property owner was provided with written notice of the completed repairs and of the public hearing on the costs of the repairs, in accordance with Streets & Highways Code §5616-5617; and Docusign Envelope ID: 883FFAF3-D3D6-449C-967A-F34B88E58490 Resolution No. 11605 (2025 Series) Page 2 R 11605 WHEREAS, on October 21, 2025, the City Council held a public hearing pursuant to Streets & Highways Code §5618 to hear and pass upon the report of costs by City Public Works Staff along with any objections or protests made by the property owner and other interested parties; WHEREAS, the City Council has considered all evidence, including staff presentation and any requested testimony of the property owner and interested parties. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. Findings. The above statements are true and constitute the findings of the City Council. Docusign Envelope ID: 883FFAF3-D3D6-449C-967A-F34B88E58490 Resolution No. 11605 (2025 Series) Page 3 R 11605 SECTION 2. Action. The City Council confirms staff’s report of costs for the repair work completed adjacent to 878 Islay Street as described in Exhibit A, and such costs are assessed against that parcel. If the assessment is not paid by the property owner within five days of notification of Councils’ confirmation, staff is authorized to file a special assessment in the form of a lien as described in Exhibit B with the San Luis Obispo County Recorder’s Office in accordance with the requirements set forth in Streets & Highways Code §5625-5628 . The lien shall continue until the assessment at an interest rate of 5%. Staff is authorized to negotiate alternative methods of collection in accordance with Streets & Highways Code §5628.1, if requested by the property owners within the five- day period after notification of the confirmed assessment. Upon motion of Council Member Marx, seconded by Council Member Francis, and on the following roll call vote: AYES: Council Member Boswell, Francis, Marx, and Vice Mayor Shoresman NOES: Mayor Stewart ABSENT: None The foregoing resolution was adopted this 21st day of October 2025. __________________________ 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 Docusign Envelope ID: 883FFAF3-D3D6-449C-967A-F34B88E58490 10/28/2025 | 11:45 AM PDT Work Completion Report Address: 878 Islay Street, San Luis Obispo, CA 93401 APN: 003-538-015 Property Description: THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO, CITY SAN LUIS OBISPO, AND DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOTS FIVE (5) AND SIX (6), IN BLOCK ONE HUNDRED AND THREE (103) OF MURRAY AND CHURCH’S ADDITION TO THE CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED RECORD SEPTEMBER 27, 1877, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 53° 07’ WEST, 100 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID SOUTHEASTERLY LINE 95 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 5; THENCE SOUTH 53° 07’ WEST ALONG SAID NORTHEASTERLY LINE 45 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 5, THENCE SOUTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 5 AND 6; 95 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 6; THENCE NORTH 53° 07’ EAST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6, 45 FEET TO THE POINT OF BEGINNING. Work Completed: Removed and replaced approximately 189 square feet of deteriorated sidewalk and driveway approach and paved approximately 24 square feet of excavated street. Traffic control provided per City Standards during public right-of- way closures. Total Cost: $17,166.59 Before Photos: Docusign Envelope ID: 883FFAF3-D3D6-449C-967A-F34B88E58490 After Photos: Docusign Envelope ID: 883FFAF3-D3D6-449C-967A-F34B88E58490 Docusign Envelope ID: 883FFAF3-D3D6-449C-967A-F34B88E58490 Docusign Envelope ID: 883FFAF3-D3D6-449C-967A-F34B88E58490 NOTICE OF LIEN 878 Islay Street, San Luis Obispo APN: 003-538-015 Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the 4th day of August, 2025, cause the sidewalk in front of the real property hereinafter described, to be repaired and improved, and the legislative body of said City of San Luis Obispo did, on the 21st day of October, 2025, by Resolution No. 11605 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 seventeen thousand one hundred sixty six dollars and fifty nine cents ($17,166.59), and the same shall be a lien upon said real property until the said sum, with interest at the rate of 5 percent per annum, from the said 21st day of October, 2025, 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 City of San Luis Obispo, the County of San Luis Obispo, State of California, and particularly described as follows: 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 City of San Luis Obispo, State of California, and particularly described as follows, to wit: THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO, CITY SAN LUIS OBISPO, AND DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOTS FIVE (5) AND SIX (6) IN BLOCK ONE HUNDRED AND THREE (103) OF MURRAY AND CHURCH’S ADDITION TO THE CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD SEPTEMBER 27, 1877, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 6, SOUTH 53° 07’ WEST, 100 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID SOUTHEASTERLY LINE 95 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 5; THENCE SOUTH 53° 07’ WEST ALONG SAID NORTHEASTERLY LINE 45 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 5, THENCE SOUTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT 5 AND 6; 95 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 6; THENCE NORTH 53° 07’ EAST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 6, 45 FEET TO THE POINT OF BEGINNING. Dated this _____ day of ____, 2025 Superintendent of Streets Docusign Envelope ID: 883FFAF3-D3D6-449C-967A-F34B88E58490