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Home My WebLink About08/06/1991, 3 - HEARING TO PASS UPON OBJECTIONS RAISED BY PROPERTY OWNERS TO CITY REQUIREMENT THAT PROPERTY OWNERS INSTALL CURB, GUTTER AND SIDEWALK IMPROVEMENTS WHERE MORE THAN 50% OF THE BLOCK IS ALREADY IMPROVED MEEriN �II�N�I I�I�II�III�I�IIII � 1" Angus DATE: C� o san lugs osispo August 6 1.991 MIN COUNCAGENDA REPORT 1T°"'NUMBER: IL FROM: David Romero 653eDennis Cox Prepared By: Tony Heller Public Works Dir. Streets Manager SUBJECT: Hearing to pass upon objections raised by property owners to City requirement that property owners install curb, gutter and sidewalk improvements where more than 50% of the block is already improved CAO RECOMMENDATION: After hearing objections or protests, by motion make determinations regarding modifications BACKGROUND: Resolution No. 6031 (1986 Series) calls for the staff to bring to Council attention those properties where more than 50% of the frontage of a block has been improved, thereby meeting 1911 Act criteria for completion of improvements within a block. A staff survey of sidewalk improvements within the community resulted in the list shown on Exhibit A (attached) . At its meeting of June 4, 1991, the City Council approved the list as submitted, and the staff has sent out appropriate notices to construct improvements. Provisions of the 1911 Act call for a public hearing when the legislative body will hear and pass upon objections or protests raised by the property owner or other interested parties. At the public hearing, the Council may make those adjustments it feels are appropriate. ADDITIONAL BACKGROUND — TREES: At its June 4 meeting, the City Council requested staff to investigate the possibility of installing trees in connection with the sidewalk program. Following this direction, staff has investigated and found that it would be feasible to plant 48 trees in connection with the sidewalk improvements (Exhibit E) . Total cost for the planting is estimated at $7,900; estimated cost for one year's maintenance is $7,500; giving a total of $15, 400. Staff has not contacted property owners to determine whether property owners would be receptive to having these trees planted. This tree planting program is not budgeted for or included within the programs for the 1991-93 budget; however if the Council wishes to proceed, staff can make arrangements to incorporate the program, probably as a final stage when all sidewalks have been installed. 3- u��ili�►►ihilllllllli►i i��ll City of san L.AIS OBISp0 - Hii% COUNCIL AGENDA REPORT Sidewalk Page Two TREE FISCAL IMPACT: Funds for the tree planting may be available if the Urban Forestry Grant is obtained (grant was applied for in June, we should hear by ! fall) , or if all of the $45,000 budgeted to replace trees killed by frost is not needed. Because of the drought, tree planting might also be delayed. With this uncertainty, it is not necessary for the Council to make any decisions regarding funding the tree program at this time. FISCAL IMPACT: I If the property owner does not make the improvements within the time j allotted in the Act, the City has the work done. Upon completion of i the work, the property owner has an opportunity to pay for the costs. On major improvements, the property owner may opt to make a three year repayment in accordance with a Council approved funding arrangement. If the property owner takes no action, the cost of the improvements becomes a lien against the property collectable with taxes. If the City finances all the work, total cost would be approximately $63 , 103 . Past experience is that approximately 70% of owners either have the work done or pay their share in cash. If past history holds, the City could expect to finance approximately $18,930.90 of property owners obligated work and approximately $7, 500 for City-owned property. There is approximately $120, 000 remaining in sidewalk budget accounts for this work. These accounts are 001-5049-008-105 with $60,000 in the operating budget and also 060-0527-008-105 with $60,000 in a revolving reimbursable account. i Under the 1911 Act, there is no provision to charge for administrative cost of this sidewalk program. Alternatives I 1. option 1 - Approve list as submitted. 2. Option 2 - Council may remove individual properties or entire blocks from list. i Attachments: Resolution 6031 (1986 Series) Exhibit A (Map) Exhibit B (Proposed Improvements) Exhibit C (List of Properties, Owners & Work required) Exhibit D (Approximate Costs) Exhibit E (Tree Information) 1e111err.30 �_� RESOLUTION NO. 6031 (1986 Series) A RESOLUTION OF THE COUNCIL OF 111E CITY OF SAN LUIS OBISPO ADOPTING GENERAL CRITERIA AND SITE SELECTION PRIORITIES FOR THE SIDEWALK IMPROVEMENT PROGRAM WHEREAS, the City desires that its citizens have available safe, convenient and suitably located sidewalks; and WHEREAS, many area of the City do not have such sidewalks; and VE EREAS, the City desires such areas to be improved considering needs, hazards and the wishes of the neighborhoods, NCR, THEREFORE, BE- IT RESOLVED, that the City Council hereby adopts the following: GENERAL PROGRAM CRITERA a. Sidewalk program should integrate repair and construction. b. Sidewalk program should emphasize safety, particularly safety of children. To this effect, City staff should consult with school authorities and PTAs in preparing specific construction priorities. c. City-initiated sidewalks should be installed only where there is a demonstrated pedestrian need. d. City should respond favorably when it is petitioned for sidewalk irpmvamesrts by more than 50% of the owners of a block (those portions already improved are considered a favorable vote) . e. Sidewalk program should consider topography and significant trees. f. Council may consider scenic nature of area, desires of the neighborhood, traffic flow and other judgment items in its determinations. 3-3 Resolution No. 6031 (1906 Series) g- Staff will bring to Council attention those properties where more than 50% of the frontage of a block has been improved, thereby meeting 1911 Act criteria for completion of improvements within a block.. SITE SELECTION PRIORITIES FOR CONSTRUCTION OF NEW SIDEWALKS 1. In areas with safety hazards or heave pedestrian use, especially children. 2. Along arterial and collector streets near schools, parks, churches, and neighborhood commercial centers. 3. Along local streets near schools, parks, churches, and neighborhood oamnercial centers. 4. In other residential and camnercial areas as necessary. On motion of Councilman Griffinseconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Mayor Dunin NOES: None ABSENT: Councilwoman Rappa the foregoing Resolution was passed and adopted this 15th day of July 1986. 'MAYOR RON DUNIN C CLERK P V0 EXHIBIT A coal Yy •. •QA• +� :I „ Yell'+ c L „s..+m •w n '0s CAL POLY ` • f 9 1 4 dit/j , o � •j / I l O j� �•.aJ 1 •� 1 I� I.YY .u�lt. �• I - wraa• tIX OSa - � � r t` •.`'`b Pf Yra i•r'e •t 41y u • 4Y: 7 C(a•p �i 4 i e•1 r4 .Ir t t : r I1Gt5 O • Ctaau - ..� .ut _ q � a• p Yrnr .,.i aEpti f • 3 a rpolwnl e(ro. f ` of •olslYs t a M a 9ti _ �I00YIS tll Se• y•\ 41µ•Y w i e - • i I/ SWIM ` JA r, u ` `lY% a WILL" N YY • � � , t YW a� � ,.� � ♦ +' �° v. Ire• ROPOSED SIDEWALK LOCATONS .{ ,�_�. =1 • ; s44 • � rY•{wS `2 O 1 Buena Vista Avenue 2 Osos Street °r+,. 4..,s 3 Cypress Street +°, ��•4 4 Harris Street 4� 5 Lawton Street ' ,� '. +'t,fit p. • r`f�• Q. +�' 1,4+ •,L , 6 Funston Street o • p e.F . ,, t �o 7 Woodbridge (north side) °� •�•�` ` o `+rr '•r rt `�d;L 8 Woodbridge (south side) , •f•, i ' ,. �` \\ wKa ♦ � ,y '^ � � N o - 9 Woodbridge (curb/gutter only) Z ^sof° ,•` _'` �'•�,`•° • It _ . • •, 111 •• 4� �`, J � •4 10 Rockview Place :OVI•' SIa , : 1 — Sa. 11 Broad Street a _ +•.. ' ® ealry <. � • y �•t` L2 Broad Street = •,,� lIY 1 i '� Y•, � •id' _ • OIICVII •QaG 1 . 1 lutwAm 1 Z, .• i Y u r- API' aV�D: Jct � City Administra i e I&Ifficer City Ate rney� v Public Works Director 3-5 EXHIBIT "B" 1911 ACT More than 50% improved frontage calculation 1. Buena Vista Avenue - west side (between Loomis and Garfield) Total front footage - 573 .81 feet *Improved - 404.4 feet = 70% Unimproved - 169. 41 feet = 30% Sidewalk width - 6 feet *Includes footage of building permit requirement -169:90 ft. 2. Osos Street - east side (between Peach and Walnut Street) Total front footage - 300 feet Improved - 205 feet = 68% Unimproved - 95 feet = 32% Sidewalk width - 6 feet 3. Cypress Street - west side (between High and Sandercock Street) Total front footage - 300 feet Improved - 235 feet = 78% Unimproved - 65 feet = 22% Sidewalk width - 6 feet 4. Harris Street - east side (between Branch and Sandercock Street) Total front footage - 300 feet Improved - 190 feet = 63% Unimproved - 110 feet - 37% Sidewalk width - 6 feet 5. *Funston Street - north side (between Meadow and Lawton Street) Total front footage - 300 feet Improved - 150 feet = 50% Unimproved - 150 feet = 50% Sidewalk width - 6 feet 6. *Lawton Street - west side (between Funston and South Street) Total front footage - 325 feet Improved - 166. 5 feet = 51% Unimproved - 158.5 feet = 49% Sidewalk width - 6 feet *The Church of Christ has asked the City to include both unimproved sides of property, for sidewalk, curb and gutter improvements. 7 . Woodbridge Street - north side (between Meadow and Lawton Street) Total front footage - 300 feet Improved - 160 feet = 53% Unimproved - 140 feet = 47% Sidewalk width - 6 feet 3 - 7 8. Woodbridge Street - south side (between Meadow and Lawton Street) Total front footage - 300 feet Improved - 179 feet = 60% Unimproved - 121 feet = 40% Sidewalk width - 6 feet 9. Woodbridge Street - south side (between Lawton and Broad Street) Total front footage - 629. 9 feet *For curb and gutter installation only Improved - 379. 9 feet = 60% Unimproved - 250. 0 feet = 40% 10. Rockview Place - east side (between Sweeney Lane & Perkins Lane) Total front footage - 360. 34 feet Improved - 199.44 feet = 55% Unimproved - 160.90 feet = 45% Sidewalk width - 4 feet 11. Broad Street - west side (between Perkins Lane & .Sweeney Lane) Total front footage - 350.50 feet *For sidewalk installation only Improved - 205.85 feet = 59% Unimproved - 144 .65 feet = 41% Sidewalk width - 10 feet 12. Broad Street - west side (between Sweeney Lane & Rockview Place) Total foot frontage - 1605.83 feet *For sidewalk installation only Improved - 1147. 40 feet = 71% Unimproved - 458.43 feet = 29% Sidewalk width - 6 feet and 10 feet Note: All properties on the west side of Broad Street between Perkins Lane and Rockview Place have curb and gutter. EXHIBIT "C" List of Properties, Owners and Work Required Note: S = Sidewalk C = Curb & Gutter R = Driveway Ramp W = Wall H = Handicapped Ramp Location A.P.N. Owner Work Required 677 Buena Vista 01-074-24 Slobak, Inc. S, C, H - 170 lin. ft. of 6 ft. wide SIC; H at NW corner 670 Osos Street 02-313-04 Chaides S, R, W - 31 lin. ft. of 5. 5 ft. wide S drain pipe; 5 ft. high W; high dirt bank, steps, drain pipe; 8 ft.bo.ttom R 662 Osos Street 02-313-03 Hischier S, W - 32 lin. ft. of 5. 5 ft. wide S; 5 ft. high W; high dirt bank; fence and porch moved; shrubs, steps, drain pipe 2031 Cypress St. 03-722-41-01 Piper S, C, R - 65 lin. ft. of 6 ft. wide S; 10 ft. bottom R 2106 Harris St. 03-736-01 Collins Sr C, R - 110 lin. ft. of 6 ft. wide S. C; 10 ft. bottom R 2201 Lawton (also Church of Christ, S, C, H - 150 & 159 Funston side) 04-832-03 Inc. lin. ft. 6 ft. wide S, C both sides of property; H at NW corner 2391 Lawton 04-833-10 Bouchard, etal S, C - 65 lin. ft. (Woodbridge side) of 6 ft. wide 529 Woodbridge St. 04-902-17 Reeves, etal S - 38 lin. ft. of 5.5 ft. wide 2415 Lawton St. 04-902-04 Estate of S, C - 26. 5 lin. ft. (Woodbridge side) Melcher of 6 ft. wide S, C; 56. 5 lin. ft. of 5. 5 ft. wide S Location A.P.N. Owner Work Required 529 Woodbridge St. 04-902-17 Reeves, etal S - 38 lin. ft. of 5. 5 ft. wide 2415 Lawton St. 04-902-04 Estate of S, C - 26.5 lin. ft. (Woodbridge St. ) Melcher of 6 ft. wide S, C; 56. 5 lin. ft. of 5. 5 ft. wide S 607 Woodbridge St. 04-911-36 Miernicki, etal C, H - 50 lin. ft. H at SE corner 633-35 Woodbridge 04-911-03 Randall C - 100 lin. ft. 647 Woodbridge 04-911-38 Callaway C - 50 lin. ft. 653 Woodbridge 04-911-06 Astiz C - 50 lin. ft. 623 Perkins Lane 04-581-14 Banducci, etal S, C, H - 55.45 lin. (Rockview side) ft. 4 ft. wide integral S,C; large tree at corner radius; H at SE corner 2903 Broad St. 04-581-15 St. Luke Baptist S, Cr R - 55.45 lin_ (Rockview side) Church ft. of 4 ft. wide, integral S,C; 10 ft. bottom R 2952-2954 Rockview 04-586-12 Scott S, C, R = 50 lin. ft. of 4 ft. wide integral S,C; 10 foot bottom R; large tree in proposed S area 2903 Broad St. 04-581-15 St. Luke Baptist S - 38 lin. ft. of Church 9. 5 ft. wide S 2959 Broad St. 04-581-23 Valley S - 32 lin. 'ft. and 75 lin. ft. of 9.5 ft. wide S 3049-69-79-99 Broad 04-583-29 Shulman S - 50 lin. ft. and 76 lin. ft. of 9.5 ft. wide S 3229 Broad 04-583-34 Santos S - 38 lin. ft. of 5. 5 ft. wide 3-ID Location A.P.N. Owner Work Required 3249 Broad 04-601-23 Massey S - 60 lin. ft. of 5. 5 ft. wide 3355 Broad, 04-601-14 Martin S - 54 lin. ft. of 5.5 ft. wide 3361 Broad 04-601-18 Dressios S - 29 lin. ft. of 5.5 ft. wide 3369 Broad 04-601-19 Dressios Sr R - 29 lin. ft. of 5. 5 ft. wide S; 20 ft.. bottom R 3375 Broad 04-601-24 Byrd tre. etal S, H - 75.5 lin. ft. of 5.5 ft. wide S; H at NW corner EXHIBIT "D" List of Properties, Owners and Approximate Costs Location Owner Approximate Cost 677 Buena Vista Ave. Slobak, Inc. $ 51018.79 670 Osos Street Chaides 91000.00 662 Osos Street Hischier 51200. 00 2031 Cypress St. Piper 21820.50 2106 Harris St. Collins 3 ,816.75 2201 Lawton & Funston side Church of Christ, Inc. 8,922 . 13 2391 Lawton (Woodbridge side) Bouchard, etal 3, 060.01 529 Woodbridge St. Reeves, etal 836.00 2415 Lawton (Woodbridge side) Est. c/o Gertrude C. Melcher 1,820.36 607 Woodbridge St. Miernicki, etal 725.00 633-635 Woodbridge St. Randall 11450.00 647 Woodbridge St. Callaway 725.00 653 Woodbridge St. Astiz 725. 00 623 Perkins (Rockview side) Banducci, etal . 11580. 35 2903 Broad (Rockview side) St. Luke Baptist Church, SLO 11636.35 2952-2954 Rockview Place Scott 11518.50 2903 Broad St. St. Luke Baptist Church, SLO 992 .75 2959 Broad St. Valley 21795.38 3049-69-79-99 Broad St. Shulman 31291.75 3229 Broad St. Santos 726.00 3239 Broad St. Leonard 594 .00 3249 Broad St. Massey 907 .50 3355 Broad St. Martin 11188 . 00 3361 Broad St. Dressios 638. 00 3369 Broad St. Dressios 11873 . 00 3375. Broad 'St. Byrd, tre., etal 1, 141.94 Owner's Mailing Addresses - 1911 Act Sidewalk Improvements Slobak, Inc. P.O.Box 1551 Arroyo Grande, CA 93420-6551 V.B. Chaides 670 Osos St. San Luis Obispo,CA 93401-2713 M.E. & P.R. Hischier c/o John Hischier Rt. 2 , Box 788. San Luis Obispo,CA 93401 John C. Piper 6908 Ranch House Rd.Bakersfield, CA 93309-2767 J.M. & D. Collins 841 West St. San Luis Obispo,CA 93405 Church of Christ,Inc. 2201 Lawton St. San Luis Obispo,CA 93401 G.R. Bouchard, Jr. 414 Higuera St. San Luis Obispo,CA 93401-3833 Roy M. Reeves, etal 830 Columbine Ct. San Luis Obispo,CA 93401 G. C. Melcher 1415 Smith Ct. San Luis Obispo,CA 93401 D.J. & G.F. Miernicki 1252 Atascadero St. San Luis Obispo,CA 93405 A.M. Randall 633 Woodbridge St. San Luis Obispo,CA 93401 H.D. Callaway 111 Cuesta Drive 'San Luis Obispo,CA 93405-1132 F.A. Astiz P.O.Box 14706 San Luis Obispo,CA 93406-4706 T.M. Banducci,etal 145 S. Halcyon #D Arroyo Grande, CA 93420 St.Luke Baptist Church 160 Brook Street San Luis Obispo,CA 93401 N.J. Scott 451 California Ave. Moss Beach, CA 94038 D.H. & N.A. Valley 2436 Broad St. San Luis Obispo,CA 93401 I.M. & R. Shulman 2236 Clearlake Dr. Santa Maria, CA 93454 M.H. and C.R. Santos 4995 Hacienda Ave. San Luis Obispo,CA 93401-7972 P.L. Leonard 340 Foothill Blvd. San Luis Obispo,CA 93401 C. & V.P. Massey 844 Escuela Ct. San Luis Obispo,CA 93401 E.A. & L.G. Martin 1411 Descanso St. San Luis Obispo,CA 93405 B. Dressios P.O.Box 44 Avila Beach, CA 93424-0044 D. Byrd, tre.etal 155 Fairview Dr. Arroyo Grande, CA 93420-2416 broad50%.wp/th#1 EXHIBIT "E" �►��►►�►IIIIIIilllllflllllllll��i►I►ii► ►1 I� (��I city of sAn tuis oBispo • ® 25 Prado Road • San Luis Obispo, CA 93401 July 91 1991 MEMORANDUM TO: Dave Romero AeI^, FROM: Lane WilsonCA " SUBJECT: Sidewalk Proiect and Street Trees As per your request, we have estimated that 48 trees would be planted in conjunction with this sidewalk project. Planting Cost We have estimated the cost to be $7900 for planting all 48 trees to city standards, including deep root planters. Since we can only guess at the home owners' desired location, it seems prudent to estimate a complete job. $7, 900. 00 Maintenance Cost We have estimated the cost of maintenance of these 48 trees to be $7500. This will include three waterings per month during the nine dry months. $7,500. 00 Total Estimate (by K.C. Landscape) $15,400. 00 asvprojc=.wp/hv#9 L Area #1 Buena Vista Ave. Frontage - 169 feet Existing trees - 1-6" Shamel ash, 1-9" Eucalyptus Proposed trees - Pinus canariensis Count - 4 Area #2 Osos Street Frontage - 95 feet Existing trees - none Proposed trees - Podocarpus Count - 2 Area #3 Cypress Street Frontage - 65 feet Existing trees - 16" Monterey pine Proposed trees - Liquidamber Count - 1 Area #4 Harris Street Frontage - 110 feet Existing trees - none Proposed trees - 1 Liquidamber, 2 Quercus ilex Count - 3 Area 15 Funston Street Frontage - 150 feet Existing trees - none Proposed trees - Quercus ilex Count - 4 Area #6 Lawton Street Frontage - 158 feet Existing trees - none Proposed trees - Pinus canariensis Count - 4 Area #7 Woodbridge (north Frontage - 140 feet side- between Existing trees - 15 ' date palm Meadow 8 Lawton) Proposed trees - Pinus canariensis Count - 4 Area 08 Woodbridge (south Frontage - 121 feet side between Existing trees - none Meadow 8 Lawton) Proposed trees - 1 Pyrus kawakamii, 3 Pyrus calleryana Count - 3 Area #9 Woodbridge (south Frontage - 250 feet side between Existing trees - none Lawton S Broad) Proposed trees - Magnolia grandiflora Count - 7 Area #10 Broad (east Frontage - 144 feet side between Existing trees - 1 Tristania, 1 Perkins a Sweeney) Betula (both very poor condition) 3- l5 overhead utilities Proposed trees - Magnolia grandiflora Count - 4 Area #11 Broad (west Frontage - 458 feet side between Existing trees - 1-61' Pepper, 1-61' Rockview & Sweeney) Acacia at 3069 overhead utilities Proposed trees - 7 Quercus agrifolia, 3 Quercus ilex Count - 10 Area #12 Rockview Place Frontage - 160 feet Existing trees - 2-18" California pepper at 2952 Proposed trees - Ulmus parrifolia Count - 2 Planting Cost. . . . . . . . . . . . . . . . . . . . . . . . . . . .$7900. 00 Maintenance for 1 year. . . . . . . . . . . . . . . . . . .$7500. 00 $15,400.00 sidewraILwp/tm#t] D Harold Callaway 647 Woodbridge St . MEETING AGENDA San Luis Obispo , CA 93401 DATE Q_,.�q/ MR# August 1 , 1991 •i�• � San Luis Obispo City Council 990 Palm St . San Luis Obispo , CA 93401 RE : Notice to Construct 647 Woodbridge St . Dear Council Members ; I have enclosed a copy of . the letter I have sent to your City Clerk , sus required by California Streets and Highways Codes 5000 et seq . I am hereby protesting the requirement to install curbs and gutters, based partly on the information contained in that letter . I agree that curbs and gutters are necessary to be able to properly maintain our city streets, but property owners should not be penalized and have to pay for work which is the responsibility of the City. San Luis Obispo accepted the streets in our neighborhood without any improvement , well before the state enacted the Streets and Highways Act of 1911 . The existing curbs and gutters on our street are outside existing property lines , well within the right-of-way unconditionally granted to and accepted by the City . Therefore, I am protesting your demand that I construct or cause to be constructed the curb and gutter adjacent to my property. I do not wish to engage legal counsel in this matter at this time , therefore, I trust that this matter will be rectified and you will render an acceptable decision at the meeting on August 6, 1991 , scheduled at 7 : 05 p .m . , in the City Council Chambers, which I will be attending to discuss this matter with you . In the meantime, I can be reached at 543-5959 . S ' er�e�lyy,, ` Harold Callaway COPISTO: fTTCAO Acnes❑ CDDDIR. G ft nIR.ci-»EPOWNEY FW DUL ml /ma ❑ route c-I. G McmT.Tsara ❑ FEC Dir. RECEIVED ❑ DFILE ElU11LDIP SEN AUG -5 1991 Carr CLERK snn Luis oeisPo,PA Har I]d Callaway 647 Woodbridge St . San Luis Obispo, CA 93401 August 1 , 1991 Pam Boges REGISTERED MAIL San Luis Obispo City Clerk 990 Palm St . San Luis Obispo, CA 93401 RE : Notice to Construct 647 Woodbridge St . Dear Ms . Boges; I am the present owner of the parcel located at 647 Woodbridge Street , San Luis Obispo, CA, further described as lot 9, in Block 5 of Norton 's Addition Tract, City of San Luis Obispo , State of California, P_ssesor 's Parcel No . 04-911-038 . I have been notified that I am required to install curb and gutter along the property line abutting the south side of Woodbridge Street , between Lawton and Broad Streets . In compliance with the Streets and Highways Act of 1911 ( referenced in your letter as the State Improvement Act of 1911 ) , more properly referred to as California Streets and Highways' Codes 5000 et seg . , I am hereby protesting the requirement to install curbs and gutters, on the following basis: My research shows that prior to the year 1900, Dr . John Norton deeded to the City of San Luis Obispo all rights of way in the Norton Addition Tract , which the city accepted in its existing state . This occurred before the Streets and Highways Art of 1911 , which was enacted to provide for a city 's responsibility to provide grading, curbs, gutters , and sidewalks . The existing right-of-way for Woodbridge Street is a width of fifty feet . This includes the area of existing curbs, gutters, and sidewalks . Therefore, in order to match existing curbs and gutters, the construction must be made on City property at the City's expense . The purpose of this letter is to serve notice of my pretest , which is my right granted by the codes cited above . The City is responsible for costs of installing curbs and gutters abutting my property. I will be appearing at the meeting on August 6, 1991 , scheduled at 7 : 05 p . m . , in the City Council Chambers at City Hall , to discuss this matter in front of the City Counsel . In the meantime, I can be reached at 544-6884 . Sincerely, RECEIVED //a ld Ca laway PC : City Council Members ti u U -5 1991 Dennis Cox, Streets Manager CITY CLERK SAN LUIS OBISPO.CA Alice Randall 633 Woodbridge St . MEETING AGENDA San Luis Obispo, CA 93401 n''TE 6 4/ ITEM C August 1 , 1991 San Luis Obispo City Council 990 Palm St . San Luis. Obispo, CA 93401 RE: Notice to Construct 633 Woodbridge St . Dear Council Members; I have enclosed a copy of the letter I have sent to your City Clerk, as required by California Streets. and Highways Codes 5000 et seq . I am hereby protesting the requirement to install curbs and gutters, based partly on the information contained in that letter . I agree that curbs and gutters are necessary to be able to properly maintain our city streets, but property owners should not be penalized and have to pay for work which is the responsibility of the City. San Luis Obispo accepted the streets in our neighborhood without any improvement, well before the state enacted the Streets and Highways Act of 1911 . The existing curbs and gutters on our street are outside existing property lines, well within the right-of-way unconditionally granted to and accepted by the City . Therefore, I am protesting your demand that I construct or cause to be constructed the curb and gutter adjacent to my property. I do not wish to engage legal counsel in this matter at this time, therefore, I trust that this matter will be rectified and you will render an acceptable decision at the meeting on August 6, 1991, scheduled at 7: 05 p .m . , in t'he City Council Chambers, which I will be attending to discuss this matter with you . In the meantime, I can be reached at 543-5959. Sin1cerely/, Alice Rand/all . COPIESTO: ❑rDau tcs Action 11 FYI d ❑ CDD DIR O ❑ FIN.DIR. F CAO ❑ RECHMF TTOP,NV �PWDIRLERK/ORIC. ❑ POLICECH. ❑ MCMP.TEAhd ❑ YEC DIP. ❑ RECEIVED 'CL UEtl AUG -5 1991 CITY CLERK SM LM OBISM.94 Alice Randall _ 633 Woodbridge St . Sar, Luis Obispo, CA 93401 August 1 , 1991 Pam Boges REGISTERED MAIL San Luis Obispo City Clerk 990 Palm St . San Luis Obispo, CA 93401 RE : Notice to Construct 633 Woodbridge St . Dear Ms . Boges; I am the present owner of the parcel located at 633 Woodbridge Street , San Luis Obispo, CA, further described as lot 12, in Block 5 of Norton 's Addition Tract , City of Sar, Luis Obispo, State of California , Assesor "s Parcel No . 04-911-003 . I have been notified that I am required. to install curb and gutter along the property line abutting the south side of Woodbridge Street , between Lawton and Broad Streets . In compliance with the Streets and Highways Act of 1911 (referenced in your letter as the State Improvement Act of 1911) , more properly referred to as California Streets and Highways Codes 5000 et seg . , I am hereby protesting the requirement to install curbs and gutters, on the following basis : My research shows that prior to the year 1900, Dr . John Norton deeded to the City of San Luis Obispo all rights of way in the Norton Addition Tract , which the city accepted in its existing state . This occurred before the Streets and Highways Act of 1911 , which was enacted to provide for a city's responsibility to provide grading, curbs, gutters , and sidewalks . The existing right-of-way for Woodbridge Street is a width of fifty feet . This includes the area of existing curbs, gutters, and sidewalks . Therefore, in order to match existing curbs and gutters, the r_unstruction must be made on City property at the City 's expense . The purpose of this letter is to serve notice of my protest , which is my right granted by the codes cited above . The City is responsible for costs of installing curbs and gutters abutting my property. I will be appearing at the meeting on August 6, 1991 , scheduled at 7 : 05 p . m. , in the City Council Chambers at City Hall , to discuss this matter in front of the City Counsel . In the meantime, I can be reached at 543-5959 . Sincerely, RECEIVED AUVICLERK 91 Alice Randall sowo.cA PC : City Council Members Dennis Cox, Streets Manager b UM yi , MM t t i�t 523 p f � Vfl��wq1 a +` � .. tt 7 � y iii �fi �t s n� t s ' tr z S� + 's N S } t b>vm r hGir_ > (S RO `il A ON � F WILi f Fes. S t i c i�t f F Y , tib