HomeMy WebLinkAboutDietrick Out 6.1.2021C•
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Jane Heath
June 1, 2021
Christine Dietrick, City Attorney
City Hall, Room 10
990 Palm Street
San Luis Obispo, CA 93401
Re: 858 and 860 Higuera
Dear Ms. Dietrick:
OFFICE 805-225.1773
CELL 805-550.0230
janeheath@sloconflictmanagement.com
PO Box 670, Morro Bay, California 93443
www.SLOConflictManagement.com
Client 00493
By: U.S. Mail and E-Mail
cdietrick@slocity.org
I have been retained by Madson Properties LLC to file a civil lawsuit for Breach
of Contract and seeking a Writ of Mandate concerning the city's replacement of the
sidewalk adjacent to the Madson properties.
In preparation for filing suit, we have drafted a government claim (see attached).
The claim and the lawsuit must be filed by the first week of July. As both parties will
incur significant expenses once an action is filed, my client has authorized me to reach
out to the city to see if there is interest in attempting an informal resolution of the matter
prior to filing. Specifically, Madson Properties proposes a pre -litigation mediation with a
local mediator. We are agreeable to Scott Radovich, but would consider other
mediators to ensure a timely session. My clients and I are vaccinated and prefer an in
person mediation. They found the virtual appearance at the city council meeting
unsatisfactory and believe that the prospects for success will increase if we are
physically present with the city's authorized representative(s).
Please advise whether the city is interested in mediation and, if so, we can
discuss scheduling as soon as possible. Please note that time is short to avoid filing
look forward to hearing from you at your earliest convenience.
Ve truly yours,
JANE HEATH
JEH
Enclosures
lugOffice of the City Clerk
o (' t' 990 Palm Street, San Luis Obispo CA 93401-3218
0 805.781.7100
sloc4.org
CLAIM PRESENTED TO THE CITY OF SAN LUIS OBISPO
PLEASE READ THE INSTRUCTIONS ON THE BACK BEFORE COMPLETING
1 Claimant's Name (please print)
Madson Properties, LLC
Address
2333 Sunrise Drive, Bishop, CA 93514
Day Phone Evening Phone
Claim No-
2 When did the damage or injury occur? Date and time
January 12, 2021
3 Where did the damage or injury occur? San Luis Obispo
Police Report Number
858 and 860 Higuera Street, San Luis Obispo, CA 93401
4 What happened and why do you think the City is responsible?
See Attachment.
If applicable, identify the name and position of responsible City employee(s), if known.
See Attachment.
5 What damage or injury occurred?
See Attachment.
6 Claim Amount See Attachment. If the amount exceeds $10,000, please check the court of
appropriate jurisdiction
$ 209,481 only if less Municipal Court (claims up to $25,000)
than $10,000 X Superior Court (claims over $25,000)
7 How did you arrive at amount claimed? Please attach documentation.
See Attachment.
8 1 declare under penalty of perjury under the laws of the State of California that the
following information is true and correct, and that this declaration was executed on:
, California
Signature of Claimant or Representative Date _ Place
OFFICIAL NOTICE AND CORRESPONDENCE
If representedby an insurance company or an attorney, pleaseprovide the Information requestedbelow.
Name and Capacity (please print)
Jane Heath, Attorney at Law
Address
PO Box 670, Morro Bay, CA 93443
Day Phone Evening Phone
(805) 225-1773 (805) 550-0230
Attachment to Claim of Madson Properties LLC dated
4. Claimant is the owner and landlord of the building located at 858, 860, and 862 Higuera Street in
downtown San Luis Obispo. A subterranean space is located under a portion of the building and
the section of the city sidewalk that runs in front of 858 and 860 Higuera, structured to
accommodate the creek flow from San Luis Obispo creek (which runs under the building and
street), to keep creek flows from damaging the properties above, including sidewalk/street during
periodic flooding.
In March 2019, the City reports that a small chunk of sidewalk broke off and fell into the
subterranean space, and City decided that replacement of the sidewalk was required. On June
12, 2019, Claimant granted City a Right of Entry (Exhibit A), which granted City permission to:
access and cross [Claimant's property]... for the purpose of removal and
replacement of a 40-foot segment of City owned sidewalk The work includes
basement -level structural foundation and steel support
City agrees to indemnify and hold harmless the property owner from all claims of
injury or damages received or sustained by any person or persons by, or on
account of, any act of omission or City's crews related to the work described
above. Work will be done at no cost to the owner. [emphasis added]
This Right of Entry document was countersigned by City Engineer, Matt Horn on July 3, 2019.
Claimant proceeded to then allow City, and its representatives and agents, access to the property,
including through an access door located inside 862 Higuera, on multiple occasions. Specifically,
access was granted: (1) to allow engineers to develop plans and specifications related to the
project; (2) for contractors to review site and formulate bids; (3) initial preparations by designated
contractor for measurements and planning; and (4) the actual construction of the structural
support and sidewalk.
During the construction process, City asked claimant if they wanted to voluntarily enter into a
cost -sharing arrangement for the construction work, which claimant did not respond to due to
City's prior written promise to cover all costs.
On January 12, 2021, the City Council held a public hearing, where the Council heard a report by
the Public Works Department recommending the City assess a portion of the costs of the sidewalk
repairs against Claimant. (See Staff Report attached as Exhibit B). During the meeting, the Public
Works department misrepresented the signed Right of Entry agreement, and the nature of the
access granted by Claimant to the City and its agents and representatives. The total cost of all
repairs was $275,561, of which, $66,080 was allocated to the sidewalk itself, and $202,631 was
allocated to the subterranean structural work supporting the sidewalk and adjacent areas.
The City Council assessed 76% of the total contract costs ($209,481.00) against Claimant. (See
Minutes attached as Exhibit C). By doing so, the City breached the Right of Entry contract whereby
City agreed to pay for ALL construction costs.
Responsible City Employees:
• Matt Horn, Director of Public Works
• Brian Nelson, Supervising Civil Engineer
• Michael McGuire, Senior Civil Engineer
• Heidi Harmon, Mayor
• Erica A. Stewart, Vice Mayor
• Carlyn Christianson, Council Member
• Jan Marx, Council Member
• Andy Pease, Council Member
5. City breached a written contract between City and Claimant, whereby City agreed to pay for all
costs associated with the sidewalk repair. City employees misrepresented the written contract,
and the access Claimant allowed to their property, in the City Council meeting. If Claimant is
forced to pay for City's breach, Claimant will suffer monetary damages totaling $209,481.
6. $209,481
7. This is the amount approved by City Council in Resolution No. 11206 (2021 Series) authorizing City
staff to recover costs from Claimant (Exhibit D)
Public % trift'r
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June 32, 2029
Lana Johns
2333 Sunrise Drive
Bishop, CA, 93514
SUBJECT: RIGHT OF ENTRY
,t
t
Permission is hereby granted for personnel and contractors for the City of San I,uis Obispo to access
and cross your property at the address, above for the purpose of removal and replacement of a 40-
Foot segment of City owned sidewalk. This work includes basement -:level structural foundation and
steel support.
City agrees to indemnify and hold harmless the property owner from all claims of Injury or damages
received or sustained by any person or persons by, or on account of, any act of omission of City's
crews related to the work described above. Work will be done at no cost to the owner. The City and
its Contractor will repair any damage to your property caused by this work and their operational
procedures. All work done as part of this agreement is guaranteed for one year from the date of
installation,
t dna loftns Date
2333 Sunrise Drive
3
Matt Horn, city Engineer Date
EXHIBIT B
Item 7
all)
• " "Report
Department Name: Public Works
Cost Center:
5006
For Agenda of:
January 12, 2021
Placement:
Public Hearing
Estimated Time:
45 Minutes
FROM: Matt Hom, Director of Public Works
Prepared By: Brian Nelson, Supervising Civil Engineer
SUBJECT: HIGUERA STREET SIDEWALK REPAIR, SPECIFICATION NO. 91320
RECOMMENDATION
1. Receive a report on the cost to implement Higuera Street Sidewalk Repairs; and
2. Receive any objections or protests of cost by property owner of 858-860 Higuera Street; and
3. Authorize staff to recover the costs for Higuera Street Sidewalk Repairs in the amount of
$66,080 for project related costs; and
4. Adopt a resolution (Attachment A) imposing an Administrative lien on the 858-860 Higuera
Street property if the property owner fails to pay the cost recovery.
DISCUSSION
Background
In the 2007-09 Financial Plan, the City Council approved a Major City Goal for Downtown
Maintenance and Beautification. Past work has included street resurfacing, pedestrian light
installation, new Mission -Style sidewalk, tree and tree grate maintenance, new trash cans, street
and traffic light pole painting, and other similar improvements. This has been an ongoing effort
to maintain and enhance the Downtown.
When the initial Downtown Renewal project was implemented in 2012, a small section of the
sidewalk located in front of 858 & 860 Higuera Street (Attachment B) was not included in the
work as it was discovered there was a basement space below the sidewalk. The sidewalk, which
was acting as the ceiling for the basement below it, required specialized engineering and this
work became its own separate project.
State and City Sidewalk Maintenance and Replacement
The City of San Luis Obispo's Municipal Code Section 12.16.020, which incorporates the
procedure set forth in the Streets and Highway Code Division 7, Part 3, Chapter 22, indicates the
property owner is responsible for the maintenance and repair of sidewalk adjacent to their
property. The City has a long history of assisting property owners with this work in Downtown,
the Railroad District, and throughout the City to mitigate trip and fall issues and implement
improvements for pedestrian mobility, such as curb ramps.
Packet Page 73
Item 7
The City can compel property owners to repair or maintain the sidewalk adjacent to their property
if it is in such a condition to endanger persons or property or interfere with the public convenience
in the use of such sidewalk. This process is conveyed in the Streets and Highway Code
(Attachment C), which requires the City to issue the property owner a Notice of Correction.
As indicated in the Code, following the Notice of Correction, the property owner has two weeks
to start the work. At the end of the time period, if the property owner has not started this work,
the City may complete the work and seek reimbursement for its costs. If the property owner fails
to pay the cost for repair, the Council may authorize a lien on the property for the same amount to
eventually obtain reimbursement for the costs. A lien is a form of security interest over the
property to secure the payment of the debt. A lien does not require immediate foreclosure, and
thus, allows the property owner time to pay off its debt to the City. This final action of seeking
cost reimbursement is the subject action of this report.
858 & 860 Higuera Sidewalk Replacement Project and Property Owner Notice of
Correction
In March 2019, a small chunk of the sidewalk located at 858 & 860 Higuera broke off and fell
into the basement. This event indicated that the sidewalk was deteriorating, and replacement was
urgently needed. The City had design documents ready for this work, but due to recent building
code revisions, the design needed to be updated. The design documents were updated, and staff
reinitiated coordination of this project with the property owner, tenants, adjacent businesses in
Downtown SLO. Because of the basement under the sidewalk, the cooperation of the property
owner and tenants of 858 & 860 Higuera Street was essential to the completion of the project.
On November 19, 2019, the City Council considered this project and approved staffs
recommendation to formally issue a Notice of Correction to the property owner of 858 & 860
Higuera Street indicating that the replacement of the sidewalk was the property owners'
responsibility, and they must start this work within two weeks of this notification. If the property
owner did not take action, concurrently, the City would advertise for bids for this work, fully fund
the construction cost of this project, and consider seeking future reimbursement. This action allowed
the deteriorating sidewalk to be replaced as quickly as possible, created a condition where
cooperation with the City to replace this sidewalk was in the property owners best interest, and
secured the City's ability to seek cost reimbursement from the property owner after the project was
complete. (Attachment D).
In compliance with the Streets and Highway Code, staff issued a Notice of Correction to the property
owner on January 2, 2020 and a second Notice of Correction on January 9, 2020. The City's design
documents were also provided to the property owner so that the property owner could solicit bids of
their own. The Streets and Highway Code mandates that the private property owner start
construction within two weeks of the issued Notice of Correction. Therefore, the property owner was
required to start construction on or before January 16, 2020 (Attachment F). Concurrent with issuing
the Notices of Correction, the City was advertising the project for construction bids. Since no
response was received from the property owner and no construction work had begun by January 16,
2020, the City awarded a contract to Brough Construction (the "Contractor") to complete the
sidewalk replacement work.
Packet Page 74
Item 7
Brough Construction started the sidewalk project on March 9, 2020 and completed the work on April
28, 2020, Included in the design documents were several restrictions placed upon the contractor that
were intended to reduce the project impacts on businesses in the Downtown. However, due to
COVID-19, a Shelter at Home Order was issued by the County of San Luis Obispo and many
businesses in the Downtown had been closed. The Contractor was able to complete the work three
weeks ahead of schedule since daytime work was allowed and access to adjacent businesses was
not needed. Drying construction, the owners of the impacted businesses around the sidewalk area of
repair fully cooperated with the City and the Contractor to expedite this project. The owner of the
only store that had access to the basement initially refused to let the Contractor or the City go
through his store to get to the basement area for construction purposes; however, access to the
basement area was granted during the bidding period to the City and contractors for viewing
purposes only. After the mandated closure of his business due to COVID-19, access through the
store for the Contractor and City Inspector was granted. By that time, the City and the Contractor had
developed an alternate plan to access the basement completely through the public right of way.
Below is a summarized timeline of the above discussion.
Date
Summary Timeline
Event
July 2007
07/09 Financial Plan Adopted - Council Approves MCG for Downtown Beautification
Summer 2012
Initial Downtown Renewal Project — Sidewalk at 858 & 860 Higuera not included due to
basement and structural sidewalk complexities. Engineering design work begins.
Construction deferred until funding appropriated by a future financial plan.
March 2019
Small chunk of sidewalk breaks off and falls into basement of 858 Higuem. Staff utilize
available funding to begin finalizing of the project design to current codes and standards.
June 4, 2019
19/21 Financial Plan Adopted — Council appropriates $190,000 to support project
construction.
June 12, 2019
Property owner grants a Right of Entry for access to the basement. Access is used for
finalizing engineering plans and specifications for the structure supports of the sidewalk, as
well as updating cost estimates. Included with Attachment G)
August 1, 2019
Staff receive updated construction cost estimates showing insufficient funding exists to
support the project.
September 30, 2019
Staff communicate cost increases to the property owner stating that the project is
underfunded, and request property owner participation in cost sharing of the work.
Additionally, staff request greater access to the basement to potentially reduce construction
costs (Attachment E). Since the initial Right of Entry signed on June 1211, 2019, access had
been further limited due to concerns of business owners at the property. No response to the
September 30, 2019 letter was received.
November 19, 2019
Council authorizes staff to advertise for construction of the Higuera Sidewalk Repair project,
and direct staff to send the property owner a Notice of Correction. Attachment D)
January 2, 2020
First Notice of Correction letter sent (Attachment F)
Janu 9, 2020
Second Notice of Correction letter sent (Attachment F
Janua 16, 2020
Construction contract awarded to Brough Construction
March 9, 2020
Construction work begins
March 15, 2020
Regional shelter at home orders issued due to Covid-19 Pandemic. With resulting business
closures, this allowed work to be accomplished during the day, reducing construction
duration.
April 28, 2020
Construction completed ahead of schedule
Packet Page 75
Item 7
The cost and funding for this work is shown in the table below.
Construction Cost: $255,480
Construction Contingencies Spent: $9,378
Engineering Costs: $2,468
Special Inspection: $1,385
Total Estimated Project Cost: $275,561
Proposed FY19-20 Funding Allocation:
Project Budget: $350,000
Project Costs: $275,561
Budget Remaining: $74,440
Cost of Construction and Staff Recommendation
Staff evaluated the total construction cost of the work and categorized those cost into two
categories. Those categories are cost associated with work due to the basement under the
sidewalk and the cost associated with sidewalk construction shown below.
Sidewalk Costs: $66,080
Basement Costs: $202,631
Total Project Cost: $275,561
Typically, a sidewalk replacement project requires design for the sidewalk, curb, and gutter,
which would be done by staff. Due to a basement space being underneath the sidewalk at this
location, it required the services of a structural engineering consultant to provide design
documents.
The majority of the design work, and ultimately the construction cost, was for the structural
support at the basement level for the sidewalk above. This work was comprised of careful
demolition and removal of the existing sidewalk, installation of new footings for a new structural
beam and decking that supports the sidewalk, and temporary relocation and re -installation of
utility lines and valves.
The sidewalk costs are those direct costs for installation of sidewalk adjacent to 858 & 860
Higuera Street.
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Item 7
After evaluation of the cost, staff reviewed the following five reimbursement options as follows:
Option
Description
1
Convey all project cost to the private property owner. This option would require the
private property owner to provide the City compensation in the amount of $275,561.
This option requires the private property owner to fund the full cost of the project.
Total Cost to City: $0 or 0% of total project cost
Total Cost to Private Property Owner: $275,561 or 100% of total project cost
2
Convey all project cost to the private property owner and issue the private property
owner a credit in the amount of $66,080. This option would require the private
property owner to provide the City compensation in the amount of $209,481 to fund
the full cost of the basement work and design cost associated with the basement
work.
Total Cost to City: $66,080 or 24% of total project cost
Total Cost to Private Property Owner: $209,481 or 76% of total project cost
3
Convey all project cost to the private property owner and issue the private property
owner a credit in the amount of $209,481. This option would require the private
property owner to provide the City compensation in the amount of $66,080 to fund
the full cost of the sidewalk work only.
Total Cost to City: $209,481 or 76% of total project cost
Total Cost to Private Property Owner: $66,080 or 24% of total project cost
4
Convey all project cost to the private property owner and issue the private property
owner a credit of some amount determined by Council. This option would allow
Council to size the credit to ensure the private property owner receives the same
level of service as other downtown businesses where the City has replaced
sidewalks.
Total Cost to City: To Be Determined by Council
Total Cost to Private Property Owner: To Be Determined by Council
5
Do not convey any of the project cost to the private property owner. This option
would not require the private property owner to provide any compensation to the
City.
Total Cost to City: $275,561 or 100% of total project cost
Total Cost to Private Property Owner: $0 or 0% of total project cost
Staff is recommending to Council option three, crediting the private property owner $209,481,
for a total reimbursement amount of $66,080 to the City. This recommendation would offset
about 24% of the overall project cost to the City, or $66,080, and provides a high level of
service to this property.
Packet Page 77
Item 7
This option only requires the property owner to reimburse the City for the sidewalk work, the
cost of which is consistent with what would be expected to repair a similar sidewalk segment in
the downtown. This recommendation remains consistent with the Municipal Code requirements
for property owners to repair and maintain sidewalks adjacent to their property.
Previous Council or Advisory Body Action
On November 19, 2019, the City Council approved staff to advertise the project for construction
bids and authorized the City Manager to award a construction contract to the lowest responsible
bidder.
Policy Context
Section 12.16.020 of the Municipal Code references the State of California's Streets and
Highway Code that indicates the adjacent property owner of public sidewalks are required to
maintain these sidewalks (Attachment C). At the November 19, 2019 City Council meeting, the
Council directed staff to issue a Notice to Correct to the property owner, requiring the owner to
start the sidewalk replacement work and pursue diligently until complete. The issuance of a
Notice to Correct requires that, if the owner failed to start this work within two weeks, the City
could then complete the necessary work. Further, upon completion of this work, the final cost of
the work would be presented to City Council in a Public Hearing in which City Council would
make the final determination on whether to lien the property to eventually obtain reimbursement
for this cost (Attachment D).
The City has a past practice, in many instances, particularly those areas of the downtown where
the sidewalk is used intensively by the public, to maintain and repair it in the interest of public
safety.
Public Engagement
The Property Owner of 858-860 Higuera Street was provided staff's recommendation for review
and comment on October 20, 2020 and again on December 14, 2020. On December 16, 2020,
the property owner responded to this draft report to provide an additional attachment and
clarification, which have now been included in this report. Additional prior written
correspondence received from the Property Owner is from June 2, 2020, regarding concerns
about payment for the sidewalk replacement (Attachment G). This letter does not regard the
recommendation or content of this staff report.
CONCURRENCE
The recommended actions are supported by the Administration Department.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a "Project" under CEQA Guidelines Sec. 15378.
Packet Page 78
Item 7
FISCAL IMPACT
Budgeted: Yes
Funding Identified: Yes
Budget Year: 2019-20
Funding Sources
Total Budget
Available
Total Budget
Spent
Remaining
Balance
Annual
Ongoing Cost
General Fund:
$350,000
$275,561
$74,440
$
Cost Recovery:
$66,080
Total
$350,000
$275,561
$140,520
$0
The total available project budget was $350,000, which includes the original 19/20 Financial
Plan appropriation of $190,000, as well as $160,000 in additional funding approved by Council
to support the project due to cost increases (Attachment D — Fiscal Impact Section). The
recommended cost recovery will provide $66,080 of funding that would increase the remaining
balance of the project account from $74,440 to $140,520. This funding could be used to
supplement an underfunded project or for a new CIP project.
ALTERNATIVES
1. Options One through Five. The Council could choose not to collect any payment or require
payment of variable amounts up to the entire project cost.
Attachments:
a - Draft Resolution
b - Vicinity Map
c - Streets and Highway Code Sections 5610-5618
d - COUNCIL READING FILE - Council Report and Minutes dated 11/19/2019
e - Notice Letter to Property Owner dated 09/30/2019
f - Notice of Correction Letters to Property Owner
g - Building Owner Letter
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Item 7
RESOLUTION NO. (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING STAFF TO RECOVER THE
COSTS FOR HIGUERA STREET SIDEWALK REPAIR IN THE AMOUNT
OF $66,080 FOR INSTALLATION OF MISSION -STYLE SIDEWALK
FROM THE PROPERTY OWNER OF 858 & 860 HIGUERA STREET, AND
IN THE EVENT OF NON-PAYMENT FROM THE PROPERTY OWNER,
IMPOSING AN ADMINISTRATIVE LIEN ON THE 858 & 860 HIGUERA
STREET PROPERTY
WHEREAS, Municipal Code Section 12.16.020, which incorporates the procedures set
forth in the Streets and Highway Code Division 7, Part 3, Chapter 22, indicates that a property is
responsible for the maintenance and replacement of sidewalk adjacent to their property; and
WHEREAS, pursuant to Streets and Highway Code Division 7, Part 3, Chapter 22, and
thus, Municipal Code Section 1.2.16.020, the City can compel property owners to repair or
maintain sidewalk adjacent to their property if it is in such a condition to endanger persons or
property or interfere with the public convenience in the use of such sidewalk; and
WHEREAS, in March 2019, a small piece of sidewalk located at 858 & 860 Higuera broke
off and fell into the basement below, revealing that the sidewalk was deteriorating, and
replacement was urgently needed;
WHEREAS, on November 1.9, 2019,.the City Council authorized staff to advertise for bids
for repair of the sidewalk at 858 & 860 Higuera Street (the "Higuera Street Sidewalk Repair Project,"
Specification No. 91320), , and to formally issue a Notice of Correction to the property owner of 858
& 860 Higuera Street (the "Property Owner") pursuant to California Streets and Highways Code
Sections 5611-5614; and
WHEREAS, on January 2, and January 9, 2020, the City issued Notice of Correction
letters to the Property Owner, requiring the Property Owner to start construction on or before January
16, 2020 per California Streets and Highways Code Section 5614; and
WHEREAS, on March 9, 2020, having received no response from the Property Owner to the
Notice of Correction letters, the City authorized the awarded contractor to begin construction of the
Higuera Street Sidewalk Repair project and the work was completed on April 28, 2020; and
WHEREAS, staff evaluated the total construction cost of the Higuera Street Sidewalk
Repair project and categorized the cost into two categories, cost associated with work to the
basement under the sidewalk, totaling $202,631, and the cost associated with sidewalk
construction, totaling $66,080; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
via webinar on January 12, 2021; and
R
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Item 7
Resolution No. (2021 Series) Page 2
WHEREAS, the City Council has considered all evidence, including the testimony of the
property owner, interested parties, and the reports, evaluations, and recommendations by staff,
presented to the City Council; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that:
SECTION 1. Findings. The City Council of San Luis Obispo finds: The above statements
are true and that staff complied with the procedures required by Municipal Code Chapter 12.16.020
and Streets and Highway Code Division 7, Part 3, Chapter 22 for the Higuera Street Sidewalk
Repair Project.
R
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Item 7
Resolution No. (2021 Series) Page 3
SECTION 2. Action. Staff is hereby authorized to recover the costs for Higuera Street
Sidewalk Repair Project from the Property Owner in the amount of $66,080 for installation of
Mission -Style sidewalk. If payment is not received from the Property Owner by March 31, 2021,
this resolution shall impose an administrative lien in the amount of $66,080 on the 858 & 860
Higuera Street property.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of
Mayor Heidi Harmon
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
2021.
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
R
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Item 7
Attachment 1— Streets and Highway Code — Division 7, Part 3, Chapter 22, Article 2
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 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. 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,
Packet Page 84
Item 7
Attachment 1— Streets and Highway Code — Division 7, Part 3, Chapter 22, Article 2
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.
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.
Packet Page 85
Item 7
Public Works
919 Palm Street, San Luis 06ishr) rA 93401-5119
805.7811200
slocity.urg
September 30, 2019
Lana Johns
2333 Sunrise Drive
Bishop, CA 93514
Subject: Sidewalk Repair— 858-860 Higuera Street
Ms. Johns,
This letter is in regard to the sidewalk in front of your property in San Luis Obispo, 858-860
Higuera Street. In our last conversation, on August 28, 2019, I updated you that the City had
completed a construction cost estimate which clearly indicated that the project was
underfunded and could not continue under staffs authority and that we had concerns about
the lack of owner financial participation in the project.
Due to the increased cost of the sidewalk repair project, we must go back to the City Council
to request additional funding and obtain approval to advertise the project.
At this time, the City is concerned about the high cost of the repair work which directly
benefits your property. Further, the City of San Luis Obispo's Municipal Code identifies the
curb, gutter and sidewalk in front of your property as being the maintenance responsibility of
the property owner.
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 Streets and Highways Code
of the state. (Prior code § 7330.1)
Related, appropriate sections of the Streets and Highway Code which support the cost of repair
relationship to the property owner are included as an attachment to this letter.
While this is not a notice for correction, the City offers you the opportunity to participate in a
cost sharing of this construction work. This project not only provides safer access and benefits
to the businesses on your property but it also benefits the community. I am available to discuss
with you some proportional cost sharing for this project.
Related to our discussion, in an effort to potentially decrease costs, the City requests that there
be greater access to the basement of your property during construction (a construction access
agreement). As the only access to the basement area is through LuLu Luxe, it will be very
difficult, if not impossible, for the Contractor to access this way only once, until an access
Packet Page 86
Item 7
opening is created through the sidewalk. All safeguards will be implemented to protect Lulu
Luxe and the store contents during any access by the Contractor and its personnel. These
measures will be specified in the construction documents for the Contractor to adhere to, and
the Contractor will be obligated to pay for any and all damages that are incurred during access.
In order to complete this project quickly, staff would like to present this project with a cost
sharing arrangement between us to the City Council on November 19, 2019. The City requests
that you provide a response as soon as possible so that we may keep the project moving
forward.
If you have any questions, please contact Matt Horn at 805-781-7191.
Sincerely,
Mike McGuire
Senior Engineer
#444W
Matt Rom
City Engineer
Packet Page 87
Item 7
M
Public Works
919 Palm Street San Luis Obq)o cn 9'4W-3718
805.781.7200
slocity.or0
December 7.2019
Lana Johns
2333 Sunrise Drive
Bishop, CA 93514
Subject: Notice to Repair Sidewalk — 858-860 Iliguera Street
Ms. Johns,
On November 19, 2019, the Higuera Street Sidewalk Repair came before the City Council.'
After discussion on this item, the City Council directed City staff to issue a Notice of
Correction to the property owner to complete the necessary sidewalk replacement work for
the property located at 858-860 Higuera Street 2 The necessary sidewalk replacement work
is shown and described in the plans and specifications;.
Pursuant to City Council's direction, this letter provides you with notice that a Notice of
Correction will be mailed to you on January 2, 2020. And a second Notice of Correction will
be sent to you on January 9, 2020. The Notice of Correction will request that you start the
sidewalk repair work no later than January 16, 2020.
If you have any questions, please contact Matt Horn at 805-781-7191.
Sincerely,
114AIV�Iwt
Matt Horn
City Engineer
Attached hereto as attachment 1 is a copy of the Council Agenda Report for the Higuera Street Sidewalk
Repair, Specification No- 91320 for your reference.
a Attached hereto as attachment 2 is a copy of the Action Update for the November 19, 2019, Regular Meeting
of the City Council for your reference.
3 Attached hereto as attachment 3 is a copy of the Plans and Specifications the City has developed for this
work.
Packet Page 88
Item 7
Public Works
919 Palm Street, San Luis Obispo, CA 93401-3218
805.781.7200
slocity.org
January 2, 2020
Lanalohns
2333 Sunrise Drive
Bishop, CA 93514
Email: lanasusanj@yahoo.com
Subject: Notice to Correct — 858-860 Higuera Street
The sidewalk adjacent to your property located at 858-860 Higuera Street 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. This 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.
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 Streets and Highways Code of the
state. (Prior code § 7330.1)
Packet Page 89
Item 7
The appropriate sections of the Streets and Highway Code are included as an attachment to this
letter. The City is requiring that you stabilize the structure under the existing sidewalk and replace
the sidewalk and curb in front of your property. Once you have selected your contractor that will
complete this work, you must obtain an encroachment permit from the City for this work which may
be obtained from the Public Works front counter located at 919 Palm Street. You must start this
correction work within two weeks of the date of this Notice to Correct and diligently, without
interruption prosecute to completion, or the City will make the repairs and the cost of this work shall
be a lien on the property.
Sincerely,
Jeff Kline
Streets Maintenance Supervisor
Attachments:
1. Attachment 1— Streets and Highway Code — Division 7, Part 3, Chapter 22, Article 2
Packet Page 90
Item 7
Attachment 1—Streets and Highway Code — Division 7, Part 3, Chapter 22, Article 2
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 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. 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,
Packet Page 91
Item 7
Attachment 1—Streets and Highway Code — Division 7, Part 3, Chapter 22, Article 2
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.
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.
Packet Page 92
Item 7
x
Public Works
919 Paint Street, San uu o n. Cft
805.78t.7200
slswity.arg
January 9, 2020
Lana Johns
2333 Sunrise Drive
Bishop, CA 93514
Email: lanasusanj@yahoo.com
Subject: Second Notice to Correct — 858-860 Higuera Street
The sidewalk adjacent to your property located at 858-860 Higuera Street 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. This 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.
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 Streets and Highways Code of the
state. (Prior code § 7330.1)
Packet Page 93
Item 7
The appropriate sections of the Streets and Highway Code are included as an attachment to this
letter. The City is requiring that you stabilize the structure under the existing sidewalk and replace
the sidewalk and curb in front of your property. Once you have selected your contractor that will
complete this work, you must obtain an encroachment permit from the City for this work which may
be obtained from the Public Works front counter located at 919 Palm Street. You must start this
correction work within two weeks of the date of this Notice to Correct and diligently, without
interruption prosecute to completion, or the City will make the repairs and the cost of this work shall
be a lien on the property.
Sincerely,
Jeff Kline
Streets Maintenance Supervisor
Attachments:
1. Attachment 1— Streets and Highway Code — Division 7, Part 3, Chapter 22, Article 2
Packet Page 94
Item 7
Attachment 1— Streets and Highway Code — Division 7, Part 3, Chapter 22, Article 2
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 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. 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,
Packet Page 95
Item 7
Attachment 1— Streets and Highway Code — Division 7, Part 3, Chapter 22, Article 2
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.
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.
Packet Page 96
Received
6/3/2020
Christian, Kevin I
SILO CITY CLERK
From: Lana Johns <lanasusanj@yahoo.com>
Sent: Tuesday, June 2, 2020 11:18 AM
To: E-mail Council Website
Cc: Harmon, Heidi; Gomez, Aaron; Christianson, Carlyn; Pease, Andy; Stewart, Erica A
Subject: 858-860 Higuera Street Project Funding
Attachments: SLO Council Letter.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Mayor Heidi Harmon and Council Members,
My name is Lana Johns, I am a member of the Madson family that owns the building at 8S8-860 Higuera Street. The
sidewalk project has been completed, and funding for this project will be addressed at a future city council meeting.
This letter addresses our concerns, please present it at the City Council Meeting addressing the 858-860 Sidewalk
Project.
Sincerely,
Lana Johns
Packet Page 97
Item 7
Madson Properties, LLC
May 21, 2020
858-860 Higuera Street Sidewalk Project
Mayor: Heidi Harmon and Council Members,
My name is Lana Johns. My family has owned the building at 858-864 Higuera Street
(built in 1912) for 45 years. When my father died in 2005, my brother, sister and 1
formed Madson Properties, LLC. Our family has invested a significant amount of
money retrofitting, and remodeling this building. The building currently has one
vacancy. April and May rent has been waved for our two tenants due to Covid-19
Virus.
July 15, 2010 the City of SLO sent a notice to implement Downtown "Mission -style"
Sidewalk Project (the Project) along three blocks of Higuera—Morro-Broad. We
notified City there was a basement under sidewalk at 858-860 Higuera. The City was
aware of "basements scattered around downtown', but unaware of this "unique"
basement. The Project was completed in 2012, except sidewalk at 858-860 Higuera.
The Project continued in 2015, and again the City excluded 858-860 sidewalk.
During these phases of the Project, adjacent property owners were not responsible for
cost of sidewalk.
In 2019 the sidewalk in front of 858-860 began to deteriorate, exposing basement
below. Public Works sent the LLC a Right of Entry agreement...." removal and
replacement of 40-foot segment of City owned sidewalk. This work includes
basement -level structural foundation and steel support...... Work will be done at
no cost to the owner". (signed Matt Horn 7/3/19.)
The estimate for project exceeded amount city had approved for the project.
November 11, 2019, the City approved proceeding with repair, and sending LLC
"Notice To Correct/Municipal Code 12.16.020". The notice stated LLC was required
to start permanent repairs to sidewalk within 2 weeks or City would complete repairs,
and place a lien on property.
Packet Page 98
Item 7
The 585-860 Project was much more than a repair. The LLC does not own the
sidewalk or property under the sidewalk. The LLC should not be liable for the cost of
construction of a basement structure. The forty feet of new sidewalk at 858-860
Project is "Mission -style Sidewalk'. Madson Properties, LLC should not be treated
differently than other property owners, and should not be charged for sidewalk
replacement.
Please present my letter at the City Council Meeting addressing 858-860 Higuera
Project.
Sincerely,
d•O�tt.0. iris
Lana Madson Johns
Madson Properties, LLC
lanasusanj@yahoo.com
Packet Page 99
Item 7
err
Public Works
919 Palm Street, San Luis Ot»sprr, CA 93401,3218
809.781.7200
sl0ciry 0r0
June 12,2019
Lana Johns
2333 Sunrise Drive
Bishop, CA, 93514
SUBJECT: RIGHT OF ENTRY
ADDRESS: 858, 860, 864 Higuera Street
APN:002-425-016 _
Permission is hereby granted for personnel and contractors for the City of San Luis Obispo to access
and cross your property at the address above for the purpose of removal and replacement of a 40-
foot segment of City owned sidewalk. This work includes basement -level structural foundation and
steel support.
City agrees to indemnify and hold harmless the property owner from all claims of injury or damages
received or sustained by any person or persons by, or on account of, any act of omission of City's
crews related to the work described above. Work will be done at no cost to the owner. The City and
its Contractor will repair any damage to your property caused by this work and their operational
procedures. All work done as part of this agreement is guaranteed for one year from the date of
installation.
PROPERTY OWNER
2333 Sunrise Drive
Bishop, CA, 93514
Accepted:
CITY OF SAN LUIS OBISPO
Matt Horn, City Engineer
✓o-f5-f5
Date
Packet Page 100
EXHIBIT C
DocuSign Envelope ID: 9EA51DOB-BFF8.4B6E-9F42-65AE2BDC0769
Council Minutes
C-)-rr
City Hall, 990 Palm Street, San Luis Obispo
Tuesday, January 12, 2021
Rescheduled Regular Meeting of the City Council
CALL TO ORDER
A Rescheduled Regular Meeting of the San Luis Obispo City Council was called to order on
Tuesday, January 12, 2021 at 6:00 p.m. by Mayor Harmon via webinar.
ROLL CALL
Council Members
Present: Council Members Carlyn Christianson, Jan Marx, Andy Pease,
Vice Mayor Erica A. Stewart, and Mayor Heidi Harmon.
Council Members
Absent: None
City Staff
Present: Derek Johnson, City Manager; Christine Dietrick, City Attorney; and Teresa
Purrington, City Clerk; were present at Roll Call. Other staff members presented
reports or responded to questions as indicated in the minutes.
CITY ATTORNEY REPORT ON CLOSED SESSION
City Attorney Dietrick stated the City Council met in Closed Session on one item. The council
gave majority direction on negotiating parameters with city employee both represented and
unrepresented as noted on the agenda and no further reportable action was provided.
A. RECEIVE AN UPDATE FROM THE EMERGENCY SERVICES DIRECTOR AND
PROVIDE COVID-19 RELATED DIRECTION BASED ON CURRENT STATUS
Recommendation:
1. Receive an update from the Emergency Services Director related to COVID-19; and
2. Adopt a Resolution entitled, "A Resolution of the City Council of the City of San Luis
Obispo, California, affirming actions of the Emergency Services Director."
City Manager Derek Johnson provided an in-depth staff report and responded to Council
questions.
San Luis Obispo Page 1
DowSign Envelope ID: 9EA51 DOB-BFF8_4B6E-9F42-65AE2BDC0769
San Luis Obispo City Council Minutes of January 12 2021 Pam
Public Comments:
None
---End ofPuhlic Comment ---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER MARX, CARRIED 5-0 to adopt Resolution No. 11208 (2021 Series)
entitled, "A Resolution of the City Council of the City of San Luis Obispo, California,
affirming actions of the Emergency Services Director.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Briana Gomez
John Smigelski
Jackie Mansoor
Gessica Russo
Marshall James
Kanyn January
Kevin Foote
---End of Public Comment ---
CONSENT AGENDA
ITEM #6 — Pulled from Consent by Mayor Harmon.
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY
COUNCIL MEMBER PEASE, CARRIED 5-0 to approve Consent Calendar Items 1 thru 5.
1. WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
CARRIED 5-0, to waive reading of all resolutions and ordinances as appropriate.
2. MINUTES REVIEW - DECEMBER 1 2020 DECEMBER 8 2020 AND
DECEMBER 10 2020 COUNCIL MINUTES
CARRIED 5-0, to approve the minutes of the City Council meetings held on December 1,
2020, December 8, 2020, and December 10, 2020.
3. AUTHORIZE ADVERTISEMENT OF CALLE JOAQUIN SIPHON AND SEWER
LIFT STATION REPLACEMENT PROJECT SPECIFICATION NO. 91118
CARRIED 5-0, to:
1. Approve the plans and specifications for the Calle Joaquin Siphon and Sewer Lift
Station Replacement Project, Specification No. 91118; and
2. Authorize staff to advertise the Project for bids; and
3. Adopt Resolution No. 11204 (2021 Series) entitled "A Resolution of the City Council
of the City of San Luis Obispo, California, Authorizing Use of Sewer Fund Unreserved
Working Capital for Construction of the Calle Joaquin Siphon and Lift Station
Replacement Project, Specification No. 91118 and General Fund Completed Projects
and Capital Reserves to Fund Silt Removal;" and
4. Authorize the City Manager to award the construction contract for the Project if the
lowest responsible bid is within available project funding.
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4. AUTHORIZATION TO APPLY FOR 2021 NATIONAL FITNESS CAMPAIGN
GRANTFUNDS
CARRIED 5-0, to:
1. Approve Resolution No. 11205 (2021 Series) entitled,, "A Resolution of the City
Council of the City of San Luis Obispo, California, approving the application for 2021
National Fitness Campaign Grant Funds and allocating matching funds for an Outdoor
Fitness Court®" authorizing staff to pursue a grant application, for a total amount not to
exceed $25,000, with the National Fitness Challenge (NFC) for 2021 Healthy Cities
Campaign funding; and
2. If awarded the grant, appropriate the grant amount and additional necessary funding
from the Parkland -in -lieu (Quimby) Fund into the Parks and Recreation Department's
budget upon grant award; and
3. Authorize the City Manager to execute the necessary grant documents including a sole
source contract with NFC for purchase and installation of a Fitness Court® Emerson
Park if grant is awarded.
5. AUTHORIZATION TO ADVERTISE RESERVOIR #1 COVER REPLACEMENT
SPECIFICATION NO. 1000034
CARRIED 5-0, to:
I. Approve Contract Documents for Reservoir i Cover Replacement, Specification No.
1000034;and
2. Authorize staff to advertise for bids; and
3. Authorize the City Manager to award a contract for the lowest responsible bid if within
the Engineer's Estimate of $703,500.
6. AWARD CONTRACTS FOR MOBILE DATA COMPUTER IN -CAR VIDEO
BODY -WORN CAMERA AND COMMUNICATION GATEWAY FOR POLICE
AND FIRE
Public Comment
Marshall James
---End ofPuhlic Comment ---
ACTION: MOTION BY MAYOR HAP-MON, SECOND BY COUNCIL MEMBER
CHRISTIANSON, CARRIED 5-0 to:
1. Authorize the City Manager to award the contract to purchase Mobile Data Computers
and Mobile Communication Gateways to CDCE Inc; and
2. Authorize the City Manager to award the contract to WatchGuard for the purchase of in -
car video and body -worn camera systems; and
3. Authorize waiver of formal bids to cooperatively purchase mobile data computers and
communication gateway equipment as allowed under 3.24.060 E of the City of San Luis
Obispo Municipal Code using the Panasonic NASPO ValuePoint Contract Master
Agreement: MNWNC-124; and
4. Authorize waiver of formal bids to cooperatively purchase in -car video and body -worn
camera equipment as allowed under 3.24.060 E of the City of San Luis Obispo
Municipal Code using the University of California Statewide Contract Purchasing
Agreement #2018-000203; and
5. Authorize Drive Customs to install the mobile data equipment in the Public Safety vehicles.
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PUBLIC HEARING ITEMS AND BUSINESS ITEMS
7. HIGUERA STREET SIDEWALK REPAIR PROJECT SPECIFICATION NO. 91320
Public Works Director Matt Horn and Acting City Engineer Brian Nelson provided an in-
depth staff report and responded to Council questions.
Public Comments:
Lana Johns, Property Owner
---End of Public Comment ---
ACTION: MOTION BY COUNCIL MEMBER PEASE, SECOND BY MAYOR
HARMON, CARRIED 4-1 (WITH VICE MAYOR STEWART VOTING NO) to:
1. Adopt Resolution No. 11206 (2021 Series) entitled, "A Resolution of the City Council of
the City of San Luis Obispo, California, authorizing staff to recover the costs for
Higuera Street sidewalk repair in the amount of $66,088 $209,481 for installation of
Mission -Style sidewalk from the property owner of 858 & 860 Higuera Street, and in the
event of non-payment from the property owner, imposing an Administrative Lien on the
858 & 860 Higuera Street Property." and amend Section 2 with the language in Option 2
presented at the meeting.
2. Consider a payment agreement with the property owner including a provision to that
agreement to require of the owner to waive further lien notification in the event of
default of the agreement.
RECESS
Council recessed at 8:03 p.m. and reconvened at 8:10 p.m., with all Council Members present.
Item 9 heard before Item 8 at the request of Vice Mayor Stewart.
9. CONSIDERATION OF THE DIVERSITY EQUITY AND INCLUSION TASK
FORCE RECOMMENDATIONS
City Manager Derek Johnson, Dale Magee, DEI-TF Project Manager, Amman Asfaw, DEI-
TF Chair, Beya Makekau, DEI-TF Facilitator provided an in-depth staff report and
responded to Council questions.
Public Comments:
Marshall James
---End of'Public Comment ---
ACTION: MOTION BY VICE MAYOR STEWART, SECOND BY MAYOR HARMON
CARRIED 5-0 to adopt Resolution No. 11207 (2021 Series) entitled, "A Resolution of the
City Council of the City of San Luis Obispo, California, recognizing and receiving the
recommendations of the Diversity, Equity, and Inclusion Task Force."
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8. 2021-23 FINANCIAL PLAN PROCESS: ECONOMIC OUTLOOK BUDGET
POLICES. AND CAPITAL IMPROVEMENT PLAN REVIEW
Finance Director Brigitte Elke and Principal Budget Analyst Natalie Harnett provided an in-
depth staff report and responded to Council questions.
Public Comments:
Thomas Arndt
Jordan
---End of Public Comment ---
ACTION: By consensus, the Council directed staff to receive and file the following:
1. The 2021-23 Financial Plan Goal Setting Process; and
2. The City's budget and fiscal policies; and
3. The economic outlook for the 2021-23 Financial Plan development; and
4. The current and long-term capital outlook plan review.
10. COUNCIL LIAISON SUBCOMMITTEE ASSIGNMENTS 2021
City Clerk Teresa Purrington provided an in-depth staff report and responded to Council
questions.
Public Comments:
None
---End of Public Comment ---
ACTION: MOTION BY COUNCIL MEMBER CHRISTIANSON, SECOND BY VICE
MAYOR STEWART, CARRIED 5-0 to approve Council Liaison Subcommittee
assignments for the calendar year of 2021 as presented in the staff report with the following
changes:
• Cultural Heritage Committee — Christianson/Marx
• LAFCO — Marx/Pease
• SLOCOG — Pease/Marx
• SLORTA — Pease/Marx
• Community Action Partnership — Stewart
• Homeless Services Oversight Committee — Christianson
• Climate Coalition — Harmon/Pease
• Central Coast Clean Energy — Marx/Stewart
• Change Legislative Platform to come to the full Council and change back to Ad -hoc
as needed.
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San Luis Obispo City Council Minutes of January 12 2021 Page 6
COUNCIL COMMUNICATIONS AND LIAISON REPORTS
By consensus, the Council directed staff to add, on a future agenda, options for addressing
adverse behavior and public health and safety issues happening in our parks and public spaces.
Vice Mayor Stewart provided an update regarding CAPSLO creating a DEI-TF and putting
together a needs assessment.
ADJOURNMENT
The meeting was adjourned at 10:44 p.m. The next Regular City Council Meeting is scheduled
for Tuesday, January 19, 2021 at 6:00 p.m., via teleconference.
JDocu5igned by: f,�(�`
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Teresa Purrington
City Clerk
APPROVED BY COUNCIL: 01/19/2021
DocuSign Envelope ID: AOF95ODC-287B4C51-8181-530C19D9612C
RESOLUTION NO. 11206 (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING STAFF TO RECOVER THE
COSTS FOR HIGUERA STREET SIDEWALK REPAIR IN THE AMOUNT
OF $209,481 FOR INSTALLATION OF MISSION -STYLE SIDEWALK
FROM THE PROPERTY OWNER OF 858 & 860 HIGUERA STREET, AND
IN THE EVENT OF NON-PAYMENT FROM THE PROPERTY OWNER,
IMPOSING AN ADMINISTRATIVE LIEN ON THE 858 & 860 HIGUERA
STREET PROPERTY
WHEREAS, Municipal Code Section 12.16.020, which incorporates the procedures set
forth in the Streets and Highway Code Division 7, Part 3, Chapter 22, indicates that a property is
responsible for the maintenance and replacement of sidewalk adjacent to their property; and
WHEREAS, pursuant to Streets and Highway Code Division 7, Part 3, Chapter 22, and
thus, Municipal Code Section 12.16.020, the City can compel property owners to repair or
maintain sidewalk adjacent to their property if it is in such a condition to endanger persons or
property or interfere with the public convenience in the use of such sidewalk; and
WHEREAS, in March 2019, a small piece of sidewalk located at 858 & 860 Higuera broke
off and fell into the basement below, revealing that the sidewalk was deteriorating, and
replacement was urgently needed; and
WHEREAS, on November 19, 2019, the City Council authorized staff to advertise for bids
for repair of the sidewalk at 858 & 860 Higuera Street (the "Higuera Street Sidewalk Repair Project,"
Specification No. 91320), and to formally issue a Notice of Correction to the property owner of 858
& 860 Higuera Street (the "Property Owner") pursuant to California Streets and Highways Code
Sections 5611-5614; and
WHEREAS, on January 2, and January 9, 2020, the City issued Notice of Correction
letters to the Property Owner, requiring the Property Owner to start construction on or before January
16, 2020 per California Streets and Highways Code Section 5614; and
WHEREAS, on March 9, 2020, having received no response from the Property Owner to the
Notice of Correction letters, the City authorized the awarded contractor to begin construction of the
Higuera Street Sidewalk Repair project and the work was completed on April 28, 2020; and
WHEREAS, the total construction cost of the Higuera Street Sidewalk Repair was
$275,561; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
via webinar on January 12, 2021; and
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Resolution No. 11206 (2021 Series) Page 2
WHEREAS, the City Council has considered all evidence, including the testimony of the
property owner, interested parties, and the reports, evaluations, and recommendations by staff,
presented to the City Council; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that:
SECTION 1. Findings. The City Council of San Luis Obispo finds: The above recitals
are true and correct, and that staff complied with the procedures required by Municipal Code
Chapter 12.16.020 and Streets and Highway Code Division 7, Part 3, Chapter 22 for the Higuera
Street Sidewalk Repair Project.
SECTION 2. Cost Recovery. All project costs shall be conveyed to the private property
owner, less a credit to the private property owner in the amount of $66,080. This requires the
private property owner to provide the City compensation in the amount of $209,481. The private
property owner may pay the City $209,481 in one lump sum payment or staff is authorized to enter
into a payment agreement at the election of the property owner and to the satisfaction of the City
Attorney and Finance Director, which shall include a requirement that the private property owner
waive further lien notifications in the event of default of the payment agreement.
R 11206
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Resolution No. 11206 (2021 Series)
Page 3
SECTION 3. Collection and Lien Authorization. Staff is hereby authorized to recover
the costs for Higuera Street Sidewalk Repair Project from the Property Owner in the amount of
$209,481. If payment is not received or a payment agreement is not executed Property Owner by
March 31, 2021, this resolution shall impose an administrative lien in the amount of $209,481 on
the 858 & 860 Higuera Street property.
Upon motion of Council Member Pease, seconded by Mayor Harmon, and on the following
roll call vote:
AYES:
Council Member Christianson, Pease, Marx, and Mayor Harmon
NOES:
Vice Mayor Stewart
ABSENT:
None
The foregoing resolution was adopted this 12'h day of January 2021.
Cacu/Sig OneO by:
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750A33F43E6147F_.
Mayor Heidi Harmon
ATTEST:
DucuSignea by:
B98BADBF9 7B436...
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
by: �
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0A69153F8300449...
Markie Jorgensen
Assistant 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 4/8/2021 1 3:07 PM PDT
/U S 1 Boo"si9yneW.ba by:
ED
B988A0BF9C78436__
Teresa Purrington
City Clerk
R 11206