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HomeMy WebLinkAbout02-07-2012 ac baraschLeff Street Propertie s 1697 Sydney Stree t San Luis Obispo, CA 9340 1 anuary 24, 2012 Hand Delivere d ,Members of the San Luis Obispo City Counci l c/o San LutS Obispo City Hal l 990 Palm Stree t San Luis Obispo, CA 9340 1 RE : Prolonged Hazardous condition at 1100 Leff Street Adjacent to our Property Located at 1130 A , B, & C Leff Street (Near Santa Rosa Street) in Downtown San Luis Obispo, C A Dear City Council Members : Attached please find a copy of our January 16,2012 letter which was hand delivered to several City o f San Luis Obispo senior staff members including the City Attorney as well as the subsequent lette r dated January 24, 2012 from Stacy Korsgaden, a senior local master agent from our property casualty insurer, Farmers' Insurance Company of America . After approximately 10 months of repeated phone calls from Leff Street Properties, the propert y manager of 1130 A, B, & C Leff Street, no noticeable progress has been made to eliminate thi s extremely hazardous condition affecting the personal safety of nearby residents, their guests, and thei r vehicles adjacent to a large open and unreinforced drainage tributary of San Luis Creek . Additionally, the existing open and virtually unprotected drainage way which includes a five foot wide concrete bo x ,culvert has now become blocked due to collapsing bank reinforcement and the resulting downstrea m debris, which has resulted from the City's requested removal of a mature palm tree and its major roo t system approximately 10 months ago . It now appears that our existing property insurance renewal is in question as a result of this prolonge d hazardous condition which is, of course, a condition of our mortgage loan requirements for Chas e Home Loan Servicing Corporation . In the event Leff Street Properties cannot renew its present property related insurance policies, our lender will deem Leff Street Properties in default of its contractual loan obligations . Leff Street Properties may also incur additional property related insurance premiums due to the continue d exposure to additional safety related issues associated with this prolonged hazardous problem as wel l as the possible higher limits of insurance that may be imposed on Leff Street Properties as a conditio n .of the renewal of property & casualty related insurance for the 1130 A, B, & C Leff Street site , buildings and related on-site parking areas . In the event that any of the above referenced actions occur, Leff Street Properties will hold the City o f San Luis Obispo directly responsible for any additional costs and/or personal injury relate d occurrences as Leff Street Properties has done everything possible to notify several city department s of this prolonged, unsafe and hazardous problem . I am sure members of the City Council would agree that this "lax" response to a private propert y owner's repeated requests is not consistent with the general city goals and superior managemen t strategies currently touted by the city administration. Additionally several CAL-OSHA and Californi a Flood Management Standards are clearly not being followed, which further exposes the City of San Luis Obispo to future State of California sanctions . Leff Street Properties looks forward to a prompt resolution to this unfortunate and prolonged majo r safety and drainage "mess" and can only hope that similar problems pointed out by local propert y owners and/or citizens are better addressed by city staff in the future in a much shorter time frame than has been the, case along Leff Street in downtown San Luis Obispo . Please contact Leff Street Properties in writing to advise us as to the City of San Luis Obispo's course . of action in this matter. .Sincerely,. Stephen B . Barasch, on behalf of th e Barasch Family Revocable Trust and Leff Street Propertie s Cc Katie Lichtig, City Manage r Christine Dietrick, City Attorne y Stacy Korsgaden, Farmers Insurance Co .of Americ a Kirby Gordon, Esq ., Attorney-at-Law