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Home My WebLink About09-16-2014 PH2 Andre, Morris,butterANDRE Peter R An&e(1918 2000' 1-11 I Michael J Viori MORRIS James Buttery 3;. RECEIVED Denny_D Late Scott J'1 WallBUTTERYkathnMCpF. r`: APPProfessional Law Col por7!, ) fl1, J71h1iWilliam1rL). l„s Y.;. --- L,sa t,Llan bri a Ti Kai en(lief churn "o he Lill,Taking Care of Business for Over 60 Years SLO CITY ATTORNEY Conetto A 1,l.i_ Amber I Simi,ior Matthew . Po, i LJ7 L-ou/15c September 10, 2014 J rock-'r`" 0,i- Go:don E Ek, <c ,, Via Hand Delivery City of San Luis Obispo c/o City Attorney's Office 990 Palm Street San Luis Obispo, CA 93401-3249 Re: 779 Higuera Street Permit Appeal—Appeal to Final Decision Permit No. 140245) Dear City Council This letter is intended to supplement my August 4, 2014, appeal letter to you in this matter with documents and additional information to assist you in your determination Since ipitiating the appeal process, Beverly Maytag ("Applicant") has contacted several experts and other relevant parties for their opinion and input on the issue of the sidewalk in front of the Maytag Building In addition, some of these individuals will be available at the hearing on September 16, 2014, should their comment or input be needed For your convenience, I will summarize the letters that each of these individuals has provided and what the nature of their comments at the hearing will be I.Summary of Documents and Testimony Each of the four tenants in the Maytag Building have provided letters (Exhibit"A") stating their desire to operate businesses in downtown San Luis Obispo in buildings that are compliant with the Americans With Disabilities Act ("ADA") without interior ramps Interim ramps will significantly disrupt their businesses and are not what they bargained for when they entered into leases with Beverly Maytag The disruption of interior ramps is unnecessary because the entrances to the spaces were designed to be ADA compliant without them Harmon M Shragge, Jr is the property manager for the Maytag Building He has provided a letter (Exhibit"B") describing the intention to achieve ADA compliance in the 387735 1102 Laurel Lane 2125 South Broadway Suite 109 PO Box730 PO Box 1430 San Luis Obispo CA 93406-0730 Santa Maria CA 9345E 1430 ph 805/543 4171 fx 805/543 0752 ph 805/037 1400 fc 805/937 1444 www amblaw corn Peter R Andre(1918 2G0dANDRE, Michael J Morris MORRIS James C B at ry Dennis D Law BUTTERY Scott,N 1! Kathy yn M Epp„al., Pd'Ufe sioIi'.FL LawCO7)f3I clam Willem V Dr,t g1us% Lisa'_;Bar oFra I oi« Taking Care of Business for Over 60 Years I,ar*n Gier dr,m f atheroil coliette A rf.hio, City of San Luis Obispo Arnii-er L S,rnii on September 10, 2014 MdLt` E t3:,"r' Page 2 Ji Cor clan E C)s,o i ld remodel associated with the 2009/2010 seismic retrofit He explains the effort made to establish ADA compliance without interior ramps He was aware of the arrangement made with the Cityg as the seismic retrofit was drawing to a close He also states that he is not aware of any communication or inquiry from the City for specifications for ADA integration during the time leading up to the re-pouring of the sidewalk and that such information would have gladly been provided upon request He also explains the Applicant's strong desire to have the Maytag Building be ADA compliant and the immediate and direct harm that would be caused by having to make modifications to the internal components of the building He also explains that under the terms of the leases on the Maytag Building, Applicant has no right to modify the interior of the building Attached to his letter is a letter that Mr Shragge sent to the City soon after the re- pouring of the sidewalk explaining the problems that had been caused by the re-pouring Mr Shragge also explains that the City acted on its own when re-pouring the sidewalks, that the City never contacted him to coordinate the re-pouring of the sidewalk, and that information and assistance gladly would have been provided to the City upon request Martin Landes of Chamblin-Landes Construction, Inc was the contractor who conducted the seismic retrofit of the Maytag Building in 2009 and 2010 He has provided a letter (Exhibit C") explaining the background of how the sidewalk issue arose Stated briefly, as the seismic retrofit was nearing completion, City officials reached out to Mr Landes and indicated that replacement of sections of the sidewalk would not be necessary and that patching would be sufficient because the City Council had just approved a plan to replace that section of sidewalk in the near future and that there was no sense in replacing the same section twice in such a short time period The understanding was that when the City replaced the sidewalk, it would be done to the existing specifications—dust as the replacement originally planned for as part of the seismic retrofit would have been i Mr Landes also explains that the City acted on its own when re-pouring the sidewalks, that the City never contacted him to coordinate the re-pouring of the sidewalk, and that information and assistance gladly would have been provided to the City upon request Attached to Mr Landes' letter are emails with City officials showing this arrangement I As a point of clarification, in my letter of August 4,2014 I stated that e\tensive discussion occurred both prior to and after the City announced its sidewalk replacement program This is referring to the discussions with City representatives in which they verbally described the planned sidewalk replacement project,not the formal public notice that was issued to the public 387735 1102 Laurel Lane 2125 South Broadway Suite 109 P O Box 730 P O Box 1430 San Luis Obispo CA 93406 0730 Santa Maria CA 03456 1430 ph 805/543-4171 fx 805/543 0752 ph 805/937 1400 fx 805/037 144a www amblaw corn MORRIS BUTTERY 1 Yrnfcs,runal1 nu(of pus WWII Taking Care ofBusiness for Over 60 Years City of San Luis Obispo September 10, 2014 Page 3 Jeff Bague has been the architect on the Maytag Building for a significant period of time and has extensive firsthand knowledge of the history of the building and the issue of the sidewalk Specifically, he was the architect for the seismic retrofit done in 2009 and 2010 Mr Bague inspected the sidewalk after the first pour because of the arrangement that had been made with the City dating back to the seismic retrofit, as explained above, and immediately alerted the City when he detected the issues Attached here as Exhibit"D" is a letter Mr Bague sent to the Public Works Department between the date of the first pour of the sidewalk (March 6, 2012) and the second pour (on or about March 20, 2012) detailing and documenting the very significant deviations from the existing sidewalks The letter contains photographs clearly showing that the deviations were so great that they were easily detectable without the use of surveying equipment Applicant Stands Ready to Work With the City This appeal is focused on the Planning Department and Public Works Department refusal to allow reconstruction of the sidewalk The Applicant understands that her permit application needs to go through the plan check process and that her application will need to conform to City and ADA requirements She stands ready and willing to proceed with this process, however, since the very purpose of the application is to reconstruct the sidewalk as a means of achieving ADA compliance it is pointless to proceed further with her application without your determination that she is allowed to reconstruct the sidewalk Applicant understands that the City Council may have concerns that the sidewalk reconstruction will impact pedestrian and perhaps automobile traffic in the downtown The Council may also be concerned about the public's perception of this work because it is taking place only a few years after the 2012 reconstruction project If these concerns exist, the Applicant can coordinate with the City to mitigate impacts and influence public perception In addition, the Applicant will coordinate with the City to match the aesthetics of the existing sidewalk to the new sidewalk Although the sidewalk cannot be perfectly matched, Applicant and her agents are confident that any differences will be minor and not noticeable to the casual observer This concern is further mitigated by the unique design features of these Mission-style sidewalks that will be matched between old and new sections, the significant shade cover, and the inevitable discoloration that occurs from extensive foot traffic and tree droppings 387735 ANDRE, MORRIS BUTTERY 1 Prcfcs,ional f nu Lorpo#aIw I Taking Care of Business for Over 60 Years City of San Luis Obispo September 10, 2014 Page 4 Applicant is willing and able to address any other legitimate concerns the City may have Applicant simply wants to ensure that she has the permission to reconstruct the sidewalk so as to maintain ADA compliance without unnecessary disruption to the local businesses that occupy her building Surely the benefits to this project far outweigh any minor and temporaryPY inconveniences that it may cause Very truly yours, Dennis D Law DDL/dbc Enclosures cc Beverly Maytag Harmon M Shragge, Jr Jeff Bague 387735 EXHIBIT A C / U T U R E1/ 0 779 Higuera Street • San Luis Obispo, CA 93401• 805 547 1253 September 5, 2014 Ms Jan Howell Marx Mayor,City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 RE 779 Higuera Street Permit Appeal No.g PP (Permit 140245) Dear Ms Marx, Vanja Couture is San Luis Obispo's newest fashion boutique bringing the City the latest contemporary modern trends in fashion We opened our doors less than one year ago and have already received the Mayor's Award for best interior design from the Downtown Association and have acquired many happy and loyal customers. Please allow our Landlord to modify the sidewalk in front of our store to obtain ADA compliance I hope you understand the damage an interior ramp will cause to the aesthetics of our newly remodeled store as well as the reduction in business that will result We thank you for your consideration in this matter Sincerely, MI; Th(; 4--*- 61( w(.16- •0---------41 cep-J. 2-1:...- . Kier Staeheli Vanja Staeheli Exhibit A 1 of 20 C / U T U R E 779 Higuera Street • San Luis Obispo, CA 93401 • 805 547 1253 September 5,2014 Ms Carlyn Christianson Vice Mayor, City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 RE 779 Higuera Street Permit Appeal(Permit No 140245) Dear Ms Christianson, Vanja Couture is San Luis Obispo's newest fashion boutique bringing the City the latest contemporary modern trends in fashion We opened our doors less than one year ago and have already received the Mayor's Award for best interior design from the Downtown Association and have acquired many happy and loyal customers Please allow our Landlord to modify the sidewalk in front of our store to obtain ADA compliance.I hope you understand the damage an interior ramp will cause to the aesthetics of our newly remodeled store as well as the reduction in business that will result. We thank you for your consideration m this matter Sincerely, i' ;4;: --, I...- 4:21.- cff----.7, ------e.fae..& . Kier Staeheli Vanja Staeheli Exhibit A 2 of 20 C / U T U R Ey, 779 Higuera Street • San Luis Obispo, CA 93401 • 805 547 1253 September 5, 2014 Ms. Kathy Smith Council Member, City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 RE. 779 Higuera Street Permit Appeal (Permit No. 140245) Dear Ms Smith, Vanja Couture is San Luis Obispo's newest fashion boutique bringing the City the latest contemporary modern trends in fashion We opened our doors less than one year ago and have already received the Mayor's Award for best interior design from the Downtown Association and have acquired many happy and loyal customers Please allow our Landlord to modify the sidewalk in front of our store to obtain ADA compliance I hope you understand the damage an interior ramp will cause to the aesthetics of our newly remodeled store as well as the reduction in business that will result We thank you for your consideration in this matter Sincerely, II 0e Kier Staeheli Vanja Staeheli Exhibit A 3 of 20 y0 C / U T U R E 779 Higuera Street • San Luis Obispo, CA 93401 • 805 547 1253 September 5, 2014 Mr Dan Carpenter Council Member, City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 RE 779 Higuera Street Permit Appeal No.g pP (Permit 140245) Dear Mr Carpenter, Vanja Couture is San Luis Obispo's newest fashion boutique bringing the City the latest contemporary modern trends in fashion We opened our doors less than one year ago and have already received the Mayor's Award for best interior design from the Downtown Association and have acquired many happy and loyal customers Please allow our Landlord to modify the sidewalk in front of our store to obtain ADA compliance I hope you understand the damage an interior ramp will cause to the aesthetics of our newly remodeled store as well as the reduction in business that will result We thank you for your consideration in this matter. Sincerely, e2r- Kier Staeheli Vanja Staeheli Exhibit A 4 of 20 C / U T U R E 779 Higucra Street _San Luis Obispo, CA 93401 • 805 547 1253 September 5,2014 Mr John Ashbaugh Council Member, City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 RE.779 Higuera Street PermitAppeal NogPermit 140245) Dear Mr Ashbaugh, Vanja Couture is San Luis Obispo's newest fashion boutique bringing the City the latest contemporary modern trends in fashion We opened our doors less than one year ago and have already received the Mayor's Award for best interior design from the Downtown Association and have acquired many happy and loyal customers Please allow our Landlord to modify the sidewalk in front of our store to obtain ADA compliance I hope you understand the damage an interior ramp will cause to the aesthetics of our newly remodeled store as well as the reduction in business that will result We thank you for your consideration in this matter Sincerely, Kier Staeheli Vanja Staeheli Exhibit A 5 of 20 THE RITUAL HIGUERA STREET SAN LUIS OBISPO, CA 93401 -405-690-D880 September 7, 2014 Mayor Jan Howell Marx City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: Sidewalk 779-781 Higuera Street - Permit No. 140245 Mayor Marx, I am the proprietor of The Ritual which is a men's barber shop and clothing store in downtown. It is my understanding that my landlord may potentially be required to construct an interior ramp in my store to meet ADA issues. This ramp will affect the usability of this space because it is already small and narrow (10' x 67' usable retail space) which will ruin my business. It is certain to ruin my chances for success. It was conveyed to me at the time of lease that my landlord would have to re do the sidewalk on the outside of the building to meet any ADA issues. Please allow my landlord to re do the sidewalk on the outside of the building because 1 see this as being the better solution for the businesses in the building as well as for the building itself. Thank you, 404- 7BritneyBrown Exhibit A 6 of 20 THE RiTUAL 771 HIGUERA STREET SANLUIS OBISPO, CA 93401 -ao5-596-0860 September 7, 2014 Council Member Dan Carpenter City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: Sidewalk 779-781 Higuera Street- Permit No. 140245 Council Member Carpenter, I am the proprietor of The Ritual which is a men's barber shop and clothing store in downtown. It is my understanding that my landlord may potentially be required to construct an interior ramp in my store to meet ADA issues. This ramp will affect the usability of this space because it is already small and narrow (10' x 67' usable retail space) which will ruin my business. It is certain to ruin my chances for success. It was conveyed to me at the time of lease that my landlord would have to re do the sidewalk on the outside of the building to meet any ADA issues. Please allow my landlord to re do the sidewalk on the outside of the building because I see this as being the better solution for the businesses in the building as well as for the building itself. Thank you, 6dri.7 /9r/a/• Britney Brown Exhibit A 7 of 20 THE RITUAL 77I fU6MRA STREET SANLIISS'OBISF'o, CA 93401 -605-596-0360 September 7, 2014 Council Member John Ashbaugh City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: Sidewalk 779-781 Higuera Street - Permit No. 140245 Council Member Ashbaugh, I am thero rietor of The Ritual which ispp a men's barber shop and clothing store in downtown. It is my understanding that my landlord may potentially be required to construct an interior ramp in my store to meet ADA issues. This ramp will affect the usability of this space because it is already small and narrow (10' x 67' usable retail space) which will ruin my business. It is certain to ruin my chances for success. It was conveyed to me at the time of lease that my landlord would have to re do the sidewalk on the outside of the building to meet any ADA issues. Please allow my landlord to re do the sidewalk on the outside of the building because I see this as being the better solution for the businesses in the building as well as for the building itself. Thank you, 7 Y - Britney Brown Exhibit A 8 of 20 THE RITUAL 7 HIGUERA STREET SAN LUIS OBISF'o, CA 93401 -805-596-0360 September 7, 2014 Council Member Kathy Smith City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Rea Sidewalk 779-781 Higuera Street - Permit No. 140245 Council Member Smith, I am the proprietor of The Ritual which is a men's barber shop and clothing store in downtown. It is my understanding that my landlord may potentially be required to construct an interior ramp in my store to meet ADA issues. This ramp will affect the usability of this space because it is already small and narrow (10' x 67' usable retail space) which will ruin my business. It is certain to ruin my chances for success. It was conveyed to me at the time of lease that my landlord would have to re do the sidewalk on the outside of the building to meet any ADA issues. Please allow my landlord to re do the sidewalk on the outside of the building because I see this as being the better solution for the businesses in the building as well as for the building itself. Thank you, i44,,kft Britney Brown Exhibit A 9 of 20 THE 11177IAL 7 STREET SAN LUIS OBISPO, CA 934c01 —805-598-0380 September 7, 2014 Vice Mayor Carlyn Christianson City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: Sidewalk 779-781 Higuera Street - Permit No. 140245 Vice Mayor Christianson, I am thero rietor of The Ritualp which is a men's barber shop and clothing store in downtown. It is my understanding that my landlord may potentially be required to construct an interior ramp in my store to meet ADA issues. This ramp will affect the usability of this space because it is already small and narrow (10' x 67' usable retail space) which will ruin my business. It is certain to ruin my chances for success. It was conveyed to me at the time of lease that my landlord would have to re do the sidewalk on the outside of the building to meet any ADA issues. Please allow my landlord to re do the sidewalk on the outside of the building because I see this as being the better solution for the businesses in the building as well as for the building itself. Thank you, poy Britney Brown Exhibit A 10of20 Heart's Desire Soap Co. 785Th cera Street San Luis Obispo, CA 93401 September 5, 2014 Vice Mayor Carlyn Christianson City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Dear Vice Mayor Christianson, As owners of Heart's Desire Soap Company which is located at 785 Higuera Street, we wanted to let you know that we find our interior ADA ramp to be not helpful to our business We understand that it was a necessary improvement to meet local and Federal building codes,but it takes away useable floor space and reduces the flexibility of our space We support the request of the building owner to re-pour the sidewalk in front of our building so that our neighbors do not deed to have interior ramps m their spaces Respectfully, Joanne Vega Krever Eric Krever Exhibit A 11 of 20 Heart's Desire Soap Co. 785 Higuera Street San Luis Obispo, CA 93401 September 5, 2014 Council Member Kathy Smith City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Dear Council Member Smith, As owners of Heart's Desire Soap Company which is located at 785 Higuera Street,we wanted to let you know that we find our interior ADA ramp to be not helpful to our business. We understand that it was a necessary improvement to meet local and Federal building codes,but it takes away useable floor space and reduces the flexibility of our space We support the request of the building owner to re-pour the sidewalk in front of our building so that our neighbors do not deed to have interior ramps in their spaces Respectfully, lime PI 71--t 5"v1-6-'?--- Joanne Vega Krever vvv Eric Ki ever Exhibit A 12 of 20 Heart's Desire Soap Co. 785 Higuera Street San Luis Obispo, CA 93401 September 5, 2014 Council Member Dan Carpenter City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Dear Council Member Carpenter, As owners of Heart's Desire Soap Company which is located at 785 Higuera Street, we wanted to let you know that we find our interior ADA ramp to be not helpful to our business We understand that it was a necessary improvement to meet local and Federal building codes,but it takes away useable floor space and reduces the flexibility of our space We support the request of the building owner to re-pour the sidewalk in front of our building so that our neighbors do not deed to have interior ramps in their spaces Respectfully, Zifl- )7 : Heart's Desire Soap Co. 785 Higuera Street San Luis Obispo, CA 93401 September 5, 2014 Council Member John Ashbaugh City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Dear Council Member Ashbaugh, As owners of Heart's Desire Soap Company which is located at 785 Higuera Street,we wanted to let you know that we find our interior ADA ramp to be not helpful to our business We understand that it was a necessary improvement to meet local and Federal building codes,but it takes away useable floor space and reduces the flexibility of our space We support the request of the building owner to re-pour the sidewalk in front of our building so that our neighbors do not deed to have interior ramps in their spaces Respectfully, i/LC Joanne Vega Krever Eric Krever Exhibit A 14 of 20 I/ekat ceakatclothing 785 I-/ieuera Street San Luis Obispo, CA 93401 8U5-S01-9346 September 4, 2014 Council Member John Ashbaugh City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Concerning: Permit # 140245 Dear Council Member Ashbaugh, It has come toattention that the ownermyo of the building in which I have operated my business for more than ten years has applied for a permit to modify the sidewalk so that my store entrance will become ADA compliant. I understand that the City has rejected this permit and wants the owner to construct an interior ramp in my store. If I may say, this interior ramp will ruin the ambiance of my store. In addition, it will reduce my usable floor space which will reduce my sales. Please do not let this happen! Thank you so much for all of your work. Best regards, Terry Brown Exhibit A 15 of 20 1-/eplitatc1ctIsing 785 filauera Street San Luis Cblspo, CA 93101 8Gci-801-93 6 September 4, 2014 Council Member Dan Carpenter City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Concerning: Permit # 140245 Dear Council Member Carpenter, It has come to my attention that the owner of the building in which I have operated my business for more than ten years has applied for a permit to modify the sidewalk so that my store entrance will become ADA compliant. I understand that the City has rejected this permit and wants the owner to construct an interior ramp in my store. If I may say, this interior ramp will ruin the ambiance of my store. In addition, it will reduce my usable floor space which will reduce my sales. Please do not let this happen! Thank you so much for all of your work. Best regards, Terry Brown Exhibit A 16 of 20 1-/ciskatcittisirn 785Eiguera Street San Luis Cbtspo, CA 93IC 1 808-801-93I( September 4, 2014 Council Member Kathy Smith City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Concerning: Permit # 140245 Dear Council Member Smith, It has come to my attention that the owner of the building in which I have operated my business for more than ten years has applied for a permit to modify the sidewalk so that my store entrance will become ADA compliant. I understand that the City has rejected this permit and wants the owner to construct an interior ramp in my store. If I may say, this interior ramp will ruin the ambiance of my store. In addition, it will reduce my usable floor space which will reduce my sales. Please do not let this happen! Thank you so much for all of your work. Best regards, Terry Brown Exhibit A 17 of 20 I/ekat ceakatclothing 78.5 l-i'luuera Street San Luis allow, CA 93401 St -801-9346 September 4, 2014 Vice Mayor Carlyn Christianson City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Concerning: Permit # 140245 Dear Vice Mayor Christianson, It has come to my attention that the owner of the building in which I have operated my business for more than ten years has applied for a permit to modify the sidewalk so that my store entrance will become ADA compliant. I understand that the City has rejected this permit and wants the owner to construct an interior ramp in my store. If I may say, this interior ramp will ruin the ambiance of my store. In addition, it will reduce my usable floor space which will reduce my sales. Please do not let this happen! Thank you so much for all of your work. Best regards, Terry Brown 1 i Exhibit A 18 of 20 ova cittIiIna 78cs Illguera Street San Luis Cilium', CA 93I01 SO —801-93-16 September 4, 2014 Mayor Jan Howell Marx City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Concerning: Permit # 140245 Dear Mayor Marx, It has come to my attention that the owner of the building in which I have operated my business for more than ten years has applied for a permit to modify the sidewalk so that my store entrance will become ADA compliant. I understand that the City has rejected this permit and wants the owner to construct an interior ramp in my store. If I may say, this interior ramp will ruin the ambiance of my store. In addition, it will reduce my usable floor space which will reduce my sales. Please do not let this happen! Thank you so much for all of your work. Best regards, Terry Brown Exhibit A 19 of 20 Heart's Desire Soap Co. 785 Iiguera Street San Luis Obispo, CA 93401 September 5, 2014 Mayor Jan Howell Marx City of San Luis Obispo 990 Palin Street San Luis Obispo, CA 93401 Dear Mayor Marx, As owners of Heart's Desire Soap Company which is located at 785 Hi era Street,we wanted to let you know that we find our interior ADA ramp to be not helpful to our business, We understand that it was a necessary improvement to meet local and Federal buildingcodes,but it takes awayuseable floor space and reduces theP flexibility of our space We support the request of the building owner to re-pour the sidewalk in front of our building so that our neighbors do not deed to have interior ramps in their spaces Respectfully, i-6/etrite. Joanne Vega Krever Eric Krever Exhibit A 20 of 20 EXHIBIT B Harmon M.Shragge&Co. Commercial/Industrial Real Estate r` 12 Geary Street,Suite 303 San Francisco,California 94108 415 781-8050 T,-, 3,;‘,)0,--414;4( Fax 415 781-1324 TO: Mayor Ian Marx Vice Mayor Carlyn Christianson Council Member Kathy Smith Council member Dan Catpentei Council member John Ashbaugh FROM:Harmon M Shragge, DATE: September 8, 2014 SUBJECT: 779-787 Higuera Street Appeal (Permit N 140245) Deal Mayor Maix, Vice Mayot Chiistianson, Members of the City Council Smith, Carpenter and Ashbaugh 1 have been the pope'ty manager foi the Maytag Building since 1989 In that capacity, 1 have been involved in the events that lead up to the issues with the sidewalk in tiont of the building In 2009 and 2010, a consider able amount of cffol t was put into a seismic i eti ofit of the Maytag Building Paiticulai attention was paid to ensuring that the building would be compliant with the Americans with Disabilities Act upon completion This largely requited lowering the floors inside the building and also slightly raising the sidewalk outside the building Thus, part of the plan wati to reconstruct the sidewalk outside the building As such, theme was significant coordination with the City of San Luis Obispo (kiting this planning process During the seismic tett olit, officials from the City contacted ow contractor, Mat tin Landes of Chamblin-Landes Construction, informing him that the City Council had approved a plan to redo the sidewalk along 1-lrgueia Street, including the front of the Maytag Building In anticipation of the City replacing the sidewalk, it was decided, with approval from the City, that during the seismic renovation of the building,the sidewalk would just he patched since the City would be replacing the sidewalk in the near future In March of 2012, Jell Bague, the architect for the seismic retrofit, discovered that the re-pouring of the sidewalk deviated significantly from the existing sidewalk and that this would cause problems for the ADA compliance of the Maytag Building At no time leading up to the City's le-pouring of the sidewalk was I contacted by the City for input or information on tying the sidewalk into the existing improvements on the piopeity Not am I aware of anyone else being contacted by the City for such information Of course, I would have gladly provided such information and would ha\e instructed our architect and any other relevant person to assist in such coordination as well Exhibit B 1 of 4 After numerous discussions with the City and others,I sent a letter to the City asking that it replace the sidewalk outside the building to fix the ADA problems That letter is attached to this letter To date,the City has made no efforts to fix or alleviate the problem Although it is our position that the problem was caused by the City and should therefore be fixed by the City, Beverly Maytag, the owner of the Maytag Building, strongly desires for the building to be ADA compliant She is therefore willing to pay all the costs of replacing the sidewalk. The fact that the permit for doing so was denied outright is baffling and frustrating. The City has nothing to lose by the replacement of the sidewalk and stands to gain a building and four local businesses that all members of the community can easily access City officials have suggested alternative routes to redoing the sidewalk, such as internal improvements or seeking an exemption from ADA compliance However, under the terms of the current leases on the Maytag Building,the landlord does not have the right to change the interior of the buildings In addition,any such changes would result in lost square footage to the buildings—resulting in economic harm to both the tenants and the landlord. Finally,any available exemption would not provide full legal protection. Beyond this,Beverly Maytag feels very strongly about bringing the Maytag Building into compliance with ADA requirements and does not want to seek an exemption We stand willingiting and able to work with the City to replace the sidewalk in a fashion satisfactory to the City We desire to do the work in such a way as to minimize the impact on businesses and individuals downtown, to maintain the sidewalk's aesthetic qualities, and to inform the public that the construction is being done with private funds to ensure access for those with disabilities I thank you for youi attention to this matter Please feel free to contact me to discuss this situation Best re Zai ds, Harmon M Shiagge, Jr. Exhibit B 2 of 4 i ? armoa M.Shragg8&,Ca. a. a Cantina=1a1I1nduslrial 4TeTi t Es fate F fir;'tj"' FRrte ,• Harmon li&Sbrugg0.1T: t 12 C esryi5traat.Suet,303 r•Sid l`'raraciaca. forma 94108 4157. 415 781-8050 r FAX 415-78111374 hatirtimaCit5leTagge rain June 14,2012 Mr Tim Girvm Chief Building Official City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo,CA 93401 Dear Mr Girvm, As you know we have been attempting to resolve sidewalk issues related to Beverly Maytag's building at 787,785,781 and 779 Higuera Street The City's reconstruction of the sidewalk at this location altered the relative grade and slope of the sidewalk causing ADA compliance issues with three of the four building entrances(779,781,and 785) During our recent seismic retrofit work we spent significant time and resources coordinating with the City to ensure our ADA compliance As a part of this work,our architect Jeff Bague)and contractor(Marty Landes)had lengthy conversations with Hal Hannula to coordinate work so that both the sidewalk and the building entrances would be compatible and ADA compliant upon completion of the new Mission-style sidewalk We even offered to perform the City's sidewalk reconstruction work during the building renovation to ensure uniformity and constancy between our two projects We in fact paid an in-lieu fee to the city for a portion of the new sidewalk The City,however,choose to reconstruct its sidewalks independently of Ms Maytag's building and project As soon as we learned that the City would take responsibility, we worked with various City employees and your contractor(Madonna)to ensure a coordinated effort with the construction of the new sidewalk When the first section of sidewalk was poured on March 6,2012(reaching the 781-779 entrances)we discovered that the height and slope were not done to our recommendation and therefore created a matenal ADA compliance issue due to the manner in which the sidewalk was poured The sidewalk adjacent to the 781-779 entry is 1/2"lower than the existing aprons,which only exacerbated our problem Further,the new sidewalk is 1/2"-3/4"lower than the existing sidewalk at the transition from new to old and the existing curb has been lowered as well These modifications m grade and slope have changed our building entrance transitions so that they cannot be ADA compliant without costly and disruptive mtenor ramps Exhibit B 3 of 4 Mr.Tim Girvin Page 2 June 14,2012 We immediately made the City and the contractor aware of this situation/problem Rather than address the situation,matters were then made worse two weeks later when the City chose to proceed without addressing the sloping problem and the contractor poured the second section of the sidewalk which then made it impossible for the entrance at 785 Higuera Street to become ADA compliant without interior ramping. The entrance at 787 appears to be compliant To correct this situation will require the replacement of the new sidewalk with one that is compatible with the relevant building entrances We are asking the City to replace the sidewalk and correct this situation. Doing so will require close coordination We would like to schedule a meeting for this purpose Please contact me as soon as you are able. Sincerely yours, Harmon M Shragge,Jr Property Manager CC B Maytag J Bague M Landes D.Law Esq 2 Exhibit B 4 of 4 EXHIBIT C f Is C ]HVW[]E CL][N- ]LA N1 YF S CONSTRUCTION I N C . September 8, 2014 Matthew E Boutte Andre, Morris & Buttery, A Professional Law Corporation 1102 Laurel Lane San Luis Obispo, CA 93401 Re• Maytag Building-779/787 Higuera St Dear Matt, The following is my closest recollection of the events leading up to the sidewalk replacement in front of the referenced building We contracted with Beverly Maytag to perform the seismic retrofit for the buildings at 779 and 787 Higuera St in San Luis Obispo During the course of construction we installed utilities that crossed the sidewalk in front of the building We were going to replace the sidewalk with the mission type. We were not replacing the entire sidewalk,only the areas we disturbed We met with Hal Hannula from the City on the site to discuss our options regarding the sidewalk grades It was discussed that we may have the opportunity to raise the sidewalk/curb grades which would help us meet the required slope for ADA While we were having ongoing discussions with the City, Hal mentioned that the City was going to replace the sidewalk in front of the building under a City administered project Since it didn't make sense to install our patches when they would be torn out in a few months we could forward a check to the City to cover the cost of our patches The Owner sent a check to the City for an agreed upon amount for these patches It was my understanding that when the sidewalk was torn out and replaced that the city would work with the Owners to accommodate the ADA grades That would make sense This would have been a very simple task I understand that this did not happen I heard that Jeff Bague was turned away when he tried to work with the City to accommodate these required grades I hope this helps If you have any further questions please feel free to contact me at anytime Sincerely, Martin Landes Chamblin-Landes Construction Inc 805/239-0490•FAX 805/239-0797 •P 0 Box 2577, 1345 Riverside Avenue,Paso Robles,CA 93447-2577 General Contractor License#730918 Exhibit C 1 of 5 From: Hannula, Hal [mailto•hhannula@slocity.orq] Sent: Friday, July 16, 2010 4:27 PM To: Marty Landes Cc: Van Maanen, Martin Subject: RE: 779-787 Higuera Sidewalk Replacement Hi Marty, I just left you a pretty long message on this one+ The city council approved a downtown beautification project to upgrade several sections of sidewalk along Higuera including the frontage across the Maytag building at 779-787 Higuera We will be preparing plans and estimates so hopefully this upgrade will be completed with public funds Per our last conversation, it is my understanding that sidewalk widening or elevation changes to accommodate door landings is no longer proposed I also left information about our open encroachment permit for Les Naman at 782 Higuera This frontage is also within the council approved upgrade area The permit is still open because of the required curb, gutter, and sidewalk upgrade where the roof drains and fire sprinkler lateral installations trenched through the existing sidewalk It would probably make the most sense for us to complete the entire scope of work rather than try to merge a partial repair with the existing tree damaged areas and a transition to our areas of upgrade I would propose that we evaluate the previous cost estimates on replacing the curb, gutter, and sidewalk and have the owner pay toward our project He would not need to pay at prevailing wage We would then final the encroachment permit and release Chamblin-Landes from the final permit requirements I will be out of the office next week but will be back after that if we need to discuss further Thanks for Maytag proposal but unless we come in over budget and delete that portion, no cost sharing would be necessary 1 Exhibit C 2 of 5 Sincerely, Hal Hannula, P E Supervising Civil Engineer City of San Luis Obispo Public Works Department/Development Review 919 Palm Street San Luis Obispo, CA 93401 e-mail hhannulae.slocity orq_ phone (805)781-7201 fax (805)783-7751 Public Works Inspection Hotline (805)781-7554 From: Marty Landes [mailto:mlandesCa chamblin-Iandes corn] Sent: Friday,July 09, 2010 3:12 PM To: Hannula, Hal Cc: Jeff Bague Subject: 779-787 Higuera Sidewalk Replacement Hal, Attached estimate for sidewalk replacement at 779 to 787 Higuera for your review You said the city may participate in some of the costs We will begin sidewalk replacement in 10 days Let me know as soon as you can if there is some funds available to help If not the Owner may just patch back. I am available by cell or I can meet you in SLO. Let me know. Thanks. Martin Landes Chamblin-Landes Construction Inc. P.O. Box 2577 Paso Robles,CA 93447 Ph#805-239-0490 Fax#805-239-0797 Cell#805-235-9731 2 Exhibit C 3 of 5 From: Hannula, Hal [mailto:hhannulaftslocity org] Sent: Wednesday, November 24, 2010 4:52 PM To:Tim Tillman Cc: Van Maanen, Martin; LaFreniere, Matt Subject: RE: Curb &Gutter Replacement-782 - 786 Higuera St. Hi Tim, We still have encroachment permit#05654 open for the frontage/utility improvements across this frontage I believe that this last number was for the remaining frontage improvements beyond the project requirements As you recall,we had some huge issues with figuring what to do about the tree and how to tie-in your scope of sidewalk replacement to an area that was lifted The area of curb, gutter, and sidewalk replacement for your project was limited to the areas of new utilities The length of replacement should include the areas of the fire service lateral, sidewalk underdrain, sewer lateral replacement We are working on a larger project to deal with the tree and area from the tree to the corner To avoid confusion between plans, limit the need for any additional design work, and to minimize the pedestrian disruption between a private and CIP project, it was decided to allow for the payment of the equivalent cost of your replacement to the city to roll into our project Please provide an estimate of demolition, curb, gutter, and sidewalk, and street paveout related to your limited frontage requirement This estimate should include the cost of Mission Style sidewalk We did something similar across the street for the Maytag Building at 779—785 Higuera, etc Coordinate a meeting with Martin if there is any need to confirm the overall length, but everywhere that utilities were run either at an angle or parallel to the street would need to have the curb, gutter, and sidewalk replaced These are the areas that were boarded temporarily but then were allowed to be replaced with plain concrete while we developed a larger strategy Thanks for your assistance in closing out this permit Hal Hal Hannula, P E 1 Exhibit C 4of5 Supervising Civil Engineer City of San Luis Obispo Public Works Department/Development Review 919 Palm Street San Luis Obispo, CA 93401 e-mail hhannula aCl7slocity orq phone (805)781-7201 fax (805)783-7751 Public Works Inspection Hotline (805) 781-7554 From:Tim Tillman [mailto:ttillman@chamblin-landes corn] Sent:Thursday, May 14, 2009 10:08 AM To: Hannula, Hal Cc: Dale Anderson Subject: Curb &Gutter Replacement- 786 Higuera St. Hal, Per your request, the cost to remove and replace approximately 60 LF of curb and gutter is$5,571, based on the flowing assumptions AC will be cut and removed to 18" into the street New curb and gutter replaced per city standards. Concrete will be placed adjacent to the AC. No AC patch is included Temporary barricades and pedestrian control by General Contractor Removal of City tree roots is excluded If any root work is required we will look to the City Arborist to perform this work If you choose to have the GC perform the work,the City of SLO agrees to Hold harmless the GC and the owner, if any damage occurs to the tree due to replacing the curb,gutter and sidewalk. Responsibility for any unforeseen conditions is excluded. As you know we are anxious to move forward with this work so the tenants can resume their businesses Let me know if you need anything else. Regards, Ceri‘ r_ ) GI 1AIvIL31_11N- 1.-ANI)ES CONSTRUCTION INC Tim Tillman General Project Manager Chamblin-Landes Construction Inc Phone (805)239-0490 Fax (805)239-0797 Cell (805)591-0952 www Charnblin-Landes corn 2 Exhibit C 5 of 5 EXHIBIT D City of San Luis Obispo Public Works Department Attn Ms Bridget Fraser 13 March 2012 Re Sidewalks Renovation at 779-787 Higuera Street Bridget, Per our discussion yesterday morning I am providing the photos that were taken at the site on the 8th of March I would also like to reiterate our discussion about the history of the sidewalk/entry Back in September of 2009 I had lengthy discussions regarding the very subject with Hal Hannula On the 7th of September 2009 I explained that we were consideringreplacingthesidewalkinfrontofthebuildingbutthatIwasconcernedaboutthecrossslopesTheexistingcurbscubsrangedfromlust over 6 inches to almost 8 inches and the cross slopes were over 2% My initial question was concerning whether we would havetocomplywiththeADArequirementsfora2%cross slope across the sidewalk since the existing sidewalk was over the accepted slope amount Hal indicated at that time that we would have to comply with the cross slope requirement He indicated that we might be able to raise the curb height a little to try to accommodate the entries but I explained that even if we maxed it out we would still be far below the building entnes I then explained that we would be changing some of the vaults at the front of the building and would have to do some saw cutting and patching Hal indicated that minor sidewalk repair could be done to match the existingslopespe and that if we left the sidewalk as existing we could provide ADA accessible entries from that sidewalk We went to great lengths to comply with the ADA entnes The front of the building at 787 Higuera was lowered and a level landings provided at both sides of the entry as required A section of the floor was then sloped at less than 5% to meet the existing floor level At 785-779 level landings were provided at both sides of the door and the entire floor at the front of the lease space was removed and sloped at less than 5%to meet the existing floor elevations 1 am only Including this information to show that we made significant efforts to make the building comply with all the accessibility requirements Upon completion of the project the building was inspected and and received a final I have spoken with the building inspector and he agrees that the entries were in complete compliance at the time of final In the included photos you can clearly see that the new sidewalk does not match the existing sidewalk.The curb was lowered and as can be expected the sidewalk itself is lower I spoke with the foreman for Madonna Construction and he indicated that Mark Williams instructed him to comply with the 2% cross slope requirement That further exacerbated _v—., , . the problem since the existing sidewalk was over 0 " the allowed amount I tookphotosof I l IL t `the existing sidewalk and how the cast stone bases were set is°,ti" ,w; ' right on top of the sidewalk In the photos of the •• ,,j/ rr{!ir` `. j =;f _T ,<v. r] 9 t { 1 t P W •14''4 • klr(?t,! i i ti•1'Il h G'1R•1newsidewalkyoucanseethatthecaststone4 r"-' bases are now sitting above the new sidewalk to varying degrees Since we were nght at the riM "ir„ _ :' • complying level landing slope any change in 4 F"s{ ` " elevation from the existing would put us out of7+ compliance The first photo is of the new curb in front of 781 -• and 779 Higuera A straight board was placed on the existing curb and projected out over the new curb You can see that there is a substantial difference gat JEFF,BAGUE t. ARCHITECT F 1 805 544 4399 1353 Pismo St C 805 801 8011 San Luis Obispo, Exhibit D itktoonemaincorn California 93401 1 of 3 1e. The next two t1';'>, •: photos are showingthe difference m elevation between the existing sidewalk and the new sidewalk These taken at about the tweretknl r°_ e,;.r. lf';T 1 ..., middle of the sidewalk w' +' 10515'.-;"L,,-4„,•.,--..,,,;•., li` I .; . tF ° ti ri „.^'b tir•';-" Pi. 4 Tr--:t.,'-,1.'t7.-0, ; :•.".:,:!1';' `...',"-•ri/i,'.. n IJrS! a g a' • .( .f;:`7, •- a t A !.! . 1 r 1 p61,.,..:;..,,-r11-7 '-:,-;:,...:-...-,,,.:,:. i. .•..,..--,,}, s1, „,, i titi14 _ it . 1±..S4. yr '`••” .-.- -` I'? ; .. t'' f '... 1-`':,' 4t-„C,,'- fi ii r; 1` t) i1 f!kk; '' ' 1 ..<" • • 1 jj ail c d J-. r V .v= 4V<, ; 1 11•..1, '1.-(py.. r'.t ru' . t- 1" ri,.••. i f•• Oil r 14..? ' + s'r 4 .ti- VA Jt''t? + l+lF r, 11 r+ _+rt '-..% a ',1.. r'' :'f 1 r C• ,,6'F,.i-, D/;pt" j,. v _ Y < -1 •.•,:-...7•••;,-,•1:-.:•:•:,.', At '{ • tier !... Yr tei t is yr is L.*,-ii{,v- .9.1nr:5 PX---,--- '.,•'...%1.-'-''''w -' 't ' eri G"' r'U't7c, tf t.4ii r?kCp"- ik. r r-,y .r v.. .M i K` . s+I`I , y rs at•`` Il. k) You can see that there is no way that the new s..- ti::..•.- +,.tY,,..ti sidewalk will mee,34..,.;-<42-.1.,•,. et our existing aprons at the same W-• rte "44rl r 4{!' ei. 1 •,.'-...--'.!.. t....--,-.:- !:r'.r. 1 •i``..• ..-• r • frr G 5.' elevation 4‘,,F,10.106., fix. , af?.ri, tib•. on 4.{,,. x.• v,'„ it..- ''F'"$.ir' j' ,^_!:. r'0- 4 •ry ^S• ( r jr ---7:2-1'"-'1.--;:::i."' r c i + Itrutr `^rrf • ,` ,/''l ':'^ I r. S i, t I it. 1, ;-L-i+t!:M` 1 t/ki!' '' II :'r 't S' 41,,_ J r\ •cy,4':40 photoentry 4:, 1,k,.. r';', „' . i0. b t .^ 0 4,•,t T aThisshowsthesoutherncornerofthe1 ••-, apron for 781 and 779 Higuera You can clearly see a•,T`• + '4}1.F4:iv 1' `` ''!f ,` 3 -' 1=•`moi' the change in color from the old bottom of the t; - ,, ,;:yM`' s' xt*b, ' - base and the new colored concrete The wood --, ./i... ,d'- 0 ,;, 4y+ F ''g'1 element is where the apron starts and I have put a1.4:', pet. r ; r L t,, _ ' .c4;1 ... scale showing that there is at least a 5/8" j .,, ''r ' r,•.... - ,.. ,=, ++ difference in elevation That color demarcation - "1" s 71 shows how the 4.,-..,..-4.i+ : `•,• ,- , ; N"`k.,..v.-- ='3`; --"t r , ' _ existing sidewalk warped up at the ! , 4-,y,,u 4N,4,..'' ,, z`yyy3 jjy r•.1,-. ., •1'••1 entry r,F17'b ''vt11:iti.'1 }1 A•[,y' i ,i [• . 0 i•. .',,',,t t.2 i'01r ,, pti 7*„;( rY'`'.q ,,It,' i r ;r t''M'L ;,%!.•• !! Y f !i'[[[N!,,-a•!1,1 r aJ I+. ` k t`'.`- t: a1t;1'tr. 3 I }l ` Rf.t)yl:`!fi'r { {'u} i- 1 111 . t, l Slr f >5 1lf '!:.- r I 1 l.: j<1..1i.. r lf> r f t'c't;,-•!f s ,;r J4( fSr, ps t 1 h,' t • f 1 ,. rt•15 '! t} t.'L! • 1%.t-2,: ,''.:,?..At i 1r (` r l JEFF BAGUE ARCHITECT T 805 544 4399 r 805 801 8011 Exhibit D E ltkt®onemam tom 2 of 3 Lµ" R r tkf'zV 'r'' F eA• ` -. 4ti ) ,Iyj,j C i•{ ^•4l 1 ` •k;r t V .,:: 4, ; ",, x -.4 ,y „ ri," i r•i. af411 :, Thus photo shows the existing sidewalk at the any : , c u: fi'[ l ii northern corner of the lease space at 785 Higuera r",„_,.,?r_ - lki ' ` Si^r,f # 4'=,ii.h ik•-1 s ti ak That cast stone is sitting directly on the concrete i ` i:,'F {' lrz r gth.; .i .4 f... . r• i f Lit J 1,44% 4,2si K`' .. 1+ 2,-',4g j. '•.,/ r',,,,...i r •+a :,1Q 7 K S• . T•!,'•-r.is •"~* 1 ',il i‘gA K•++]] TLT}}} f rt'5. t.•fe 1 til rf '',•- J. /•-:'ci',,•r.,+`'r .r°!.•••-•••., .-.. , t -0,it j1 i•1>e,,s' n .rte t •i • t''.r'.: '.,_ a T/1Z!%1 4,-::•, T •P...a 'C' tr" 61'474 i rsq 4 tL• 4A' rt.'1 Vit. . - .! i L.5/ ' 1 ... i.? •t cyy r. t \iy I; fr. ai N, s ' - fir ,ti; 1;.til.N.lt. L4 f>- 41 .i,••0 k- •e11.,i e. -;;1., ,,,, 1' {nom r ^• r 7. 4:i.r, i; f `3'..'ftzv.iik1} jgt Y'. x'` y tp( lr rL'+ T _ _ Y1' J *' y tv f ` . } ._ f. 7 , lj 61` 4'i ars tom j` a L' i > ri sir i .,"_ e-a t• fii Ar:M.,„ -C.s { Vail --i1l ;, The next photo shows the corner of the lease P-, tir,V,A0' . ';j •; -+ ' rty 1tc space at 781 Higuera after the new sidewalk was :{ ;, 1 *.-_f 4..'.J-.P.Z 4. ' installed The cast stone is above the sidewalk and -- -_7 1 Ty k T''a;-.. `' t • `"> ; ...ire. r l 1,.,;, as it moves to the south the gap begins to grow r "'i'''" °l'• L.2` .4.4!. ..6 a_..:-ent C'- z. Ny. e 4".‘".... ;;'' , v.;" 7,h s1^ .-4-,i t eIR`e.,1,74 i- , .}- !r.. c ..--.,....,,,,, i4(.-...,r L v ., `+f4,.,-..:''r,+ . .fir• {tl •"/ . 4- n rf. t 171,4.1.,....:';::: ,..i.-'7:.....;::..--:-.::::1::...: s S 1 yl. r 7 N I hope this provides a clearer picture of the conditions that are present In front of our building If you have any questions please feel free to contact me I have been out at jobsites lately so the best phone number you can reach me at is 805 801 8011 Sincerely, it---IttI 1 Jeff Bague Project Architect r !1 JEFF BAGUE ARCHITECT 1 805 544 4399 f 805 801 8011 Exhibit D f Ilktaonemmn com 3 of 3