HomeMy WebLinkAbout02-07-2012 ac barasch 2Leff Street Propertie s
167 Sydney Street
an Luis Obispo, CA 9340 1
January 16, 201 2
Barbra Lynch, City Enginee r
City of San Luis Obispo Public Works Departmen t
919 Palm Stree t
San Luis Obispo, CA 9340 1
RE :"NoticeofNon Responsibility"in Regards to the Prolonged Safety & Liability Issues a t
1100 Leff Street (at Santa Rosa Street) in the City of San Luis Obisp o
Dear Ms . Lynch :
As you know, I have made several calls to your office along with numerous other calls to severa l
other city personnel in both the Building, Code Enforcement, and Public Works Department s
over the past 10 months(at least 10 prior phone calls) regarding a serious and dangerou s
condition that has existed at 1100 Leff Street, the property adjoining our 1130 A, B & C Lef f
Street Properties.Todate, there has been no noticeable progress toward aresolution of thi s
hazardous condition .
As recently as January 8, 2012, I spoke with you as well as members of the Code Enforcement
Division of the San Luis Obispo Building Department about the hazardous conditions which still
exist within the damaged drainage way, a major tributary of San Luis Creek where an 11 to 1 2
foot unprotected drop into a partially littered covert still exists after a palm tree was removed o n
the adjacent property to ours .
As you remember back in the spring of 2011, I strongly suggested that the City of San Lui s
Obispo erect a barricade along the public sidewalk as no safety barrier had existed fo r
approximately three (3) months after the damaged culvert was exposed due to the mandated
removal of the mature palm tree, and its overcrowded root system which further damaged th e
steep, unreinforced banks of the deep ravine which contains a large active box culvert .
Finally, after over three (3) months of phone calls, a temporary barricade was constructed
adjacent to the public sidewalk to prevent pedestrians from falling approximately 11 to 12 fee t
into the exposed culvert .
This letter is now intended to serve as a formal "Notice of NonResponsibilityon the part of th e
Leff Street Properties, the Barasch Family Revocable Trust, and Stephen & Janine Barasch tha t
the prior-named parties will not accept any liability what-so-ever for the prolonged state of th e
"dangerous" and "unsafe" conditions associated with the exposed drainage way and debris-
clogged culvert . (Approximately 10 months ago, we erected the appropriate safety precautions to
safeguard our side of our property including safety netting, stakes and warning devices .)
Therefore, any past and/or future personal injuries and liability resulting from the lack o f
appropriate safety barriers warning signs,or other protective devices and/or bathers shall be th e
direct responsibility of the adjacent property owner of 1100 Leff Street and the City of San Luis
Obispo . This is principally due to the prolonged failure to create the appropriate safety
precautions according to the minimum standards defined by the California Occupational Healt h
and Safety Administration (OSHA) and the California Flood Management Standard s
administered by the State of California.
Please contact me directly in writing to advise me as to the City of San Luis Obispo's course o f
action in this matter .
Stephen B . Barasch, on behalf of the
Barasch Family Revocable Trust & Leff Street Properties
CC Christine Dietrick, City Attorney
Jay Walters, Director of Public Works
Tim Gervin, Head Building Official/Code Enforcemen t
Greg Cruse, Code Enforcement Division
Stacy Korsgaden, Korsgaden Insurance Agency