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Home My WebLink About03/18/2008, PUBLIC COMMENT - RED FILE RECEIVED =MING AGENDA hlpR 18 2008 DAITEM # 2G�e SLO CITY CLE C`anvri RK March 17,2008 POST MAN MEMENT Mr. Jay D. Walter,PE Department of Public Works ,.,,( 919 Palm Street �/ rv�p/J nL San Luis Obispo,CA 93401-3218 /J� l oo ts_ / ) i-r Dear Mr. Walter. In early November 2007, you contacted me concerning a mailing to associations in the Edna/Islay area I have enclosed a copy of that letter for your reference. This letter was send to a number of associations I manage in that area. As you may imagine,this letter caused somewhat of a stir with the residents and they have,therefore, addressed that matter to the Mayor and a number of council persons. What I am hearing back from the residents,after their discussions with the City,is the reason for your letter was that the City received one or more complaints from residents throughout the Edna/Islay area This is prompting angry communications from residents wanting to know who complained and why their Board is supporting the action of the City concerning basketball hoops. I can assure you the Board of Directors of the associations I manage did not complain to the City. It was noted the only association that complained to the City about basketball hoops on the sidewalk was Santa Lucia Homeowners Association(not an association.I manage). I would like to get this matter straightened out by the City. A letter from you or the City Council addressing the matter is necessary. Is the City cracking down on all basketball hoops in all areas of the City or just the Edna/Islay area? If residents in aparticular I association do not haven problem with backstops on the sidewalk;can they be exempt? If an association is exempt;are they liable for accidents or injuries? Thank you in advance for your prompt written response. '2� COUNCIL TCDD DIR tf CAO $'FIN DIR Sincerely, ErACAO FIRE CHIEF ATTORNEY PW DIR CLERK/ORIG POLICE CHF DUT HEADS REC DIR ost �8 UTIL DIR HR DIR k CA o 2251 Broad Street,Suite C,San Luis Obispo,Califomia 93401 Phone(805)543-8321 k C C gg- wig E"E I V E® y_ Page 1 of 3 --'MAR 18 2008 Hampian, Kent® CITY r C' / el(_ // y dt From: Walter, Jay 71, `7_1"C_, ooh f/ Z-X4 Sent: Tuesday, March 18, 2008 2:16 PM To: yostmanagement@aol.com' / / Cc: Hampian, Ken; Lowell, Jonathan P �� / Subject: Recent response to Citizen Concern over BB Hoops in the City R/V1l Importance: High Frank, I got your letter today, and can get you a written response if needed. Here is a copy of a recent response to a citizen from City Administrative Officer Ken Hampian that addresses your concerns about neighborhoods being singled out for enforcement. The City Council directed staff to survey the Edna-Islay area for basketball hoops and other sports equipment in the right of way and begin the dialogue to get voluntary compliance. As far as I see it, there is no ability for the City to treat one neighborhood differently than another, even though the complaints were targeted to one neighborhood in particular. We continue to stress the message that storing the hoops on the sidewalk or in the street is not acceptable. The City and the property owner remain liable for any accidents or injuries that occur as a result of their hoop being in the right of way. a are trying to reduce the risk by encouraging residents to comply. O' a" IM61A-V COUNCIL COD DIR ICAO 2'FIN DIR JZACAO Z FIRE CHIEF RED FILE Jay D. Walter, PE ; "ATTORNEY ,2 PW DIR Public Works DirectorCLERKIORIG 2'POLICE CHF ME ING AGENDA ❑ DEPT EA �2 REC DIR ITEM #� j UTIL DIR DATE 7 HR DIR From: Hampian, Ken 1 ,t W Sent: Thursday, March 06, 2008 11:24 AM To: 'lhsslol@charter.net' Subject: RE: Request for agenda item (basketball hoops) Dear Mr. Hillsinger: Your email has been received by the City Council and was briefly discussed under the "Communications" section of our Council meeting agenda last night. I would like to get back to you with a response regarding the overall issue of play equipment in the right-of-way (ROW) and some of the concerns you raised. I guess the most fundamental truth involved in this issue is that residents with play equipment stored on public sidewalks or in City streets can easily avoid "seizure" of the equipment (and any further contact from the City) simply by being responsive to the first courtesy notice sent on November 15, 2007. That notice did not initiate any enforcement action; instead, the letter was an effort to alert residents to the problem and to appeal, on a good neighbor basis, to those storing such equipment in the public ROW to relocate the equipment. This notice was 3/18/2008 Page 2 of 3 sent in partnership with the Home Owners Associations (HOA) representing the neighborhoods. It was the HOA, followed by added correspondence from area residents that brought the problem to the attention of the City. Regarding your concern that the Edna-Islay neighborhood is being singled out, as you might imagine, the City does not have the staff to proactively enforce all possible Municipal Code violations; instead many violations are addressed on a complaint basis, including many ROW violations. Therefore, we are addressing similar violations elsewhere in the community where we have received complaints. However, there are differences in the case of the Edna-Islay area. One difference is that one.of the complaining parties (there have been others) is the HOA that represents the neighborhood and which views the problem as extensive within the entire neighborhood. Another difference is that the problem has generally been more prolific in the Edna and Islay neighborhoods than in most other neighborhoods. For example, it has not been uncommon on many area streets to find equipment in the street or blocking the sidewalk in front of several consecutive homes — three, four, even five homes in a row. Regarding your perception that the City is targeting "temporary" uses in the right of way, in the first courtesy notice sent on November 15th we noted that it is unwise for parent to encourage play in the streets. However, we also acknowledged that "in neighborhoods where traffic is lighter and speeds are lower, some level of play in the streets may occur,ff The letter then went on to note "the problems and liability involved in storing equipmentin the public right-of-way when notin use,n While the City cannot obviously endorse play in the streets, but I think this notice made it clear those owners who move the equipment out of the ROW when play has concluded were unlikely to be at risk of enforcement. The problem is that many equipment owners have left the equipment blocking sidewalks and in the street essentially on a permanent basis. This kind of permanency is not viewed by the City — including by the City Council — as a "slight" or "incidental" inconvenience. It is viewed as a major inconvenience for pedestrians (especially the elderly and disabled) and a significant liability for the equipment owner. It is also a problem for solid waste collection and street cleaning, and has been reported as a hazard by some drivers. I am sure you can see the problem with the City sanctioning such permanent "storage" in the ROW, given the extent of the violations, the concerns reported by the HOA and many residents, and the liability for some residents and the City. Because of these concerns, while citizens are certainly welcome to address the Council under the public comment agenda of the March 18th meeting, the Council chose not to formally place the matter on the agenda in order to reconsider the path we are on. Again, when the day is all over, this issue is more about courtesy than enforcement, and if residents can simply I manage their equipment with sensitivity to others, our municipal rules, and basic safety, the problem will be substantially solved. Ken Hampian, CAO City of San Luis Obispo From: Council, SloCity Sent: Tuesday, March 04, 2008 11:23 AM 3/18/2008 Page 3 of 3 j a To: Hampian, Ken; Hooper, Audrey Subject: FW: Request for agenda item (basketball hoops) Dear council members, This to request that an agenda item be added to the March 18th council meeting regarding portable basketball hoops. Residents of the Edna Islay area recently received notice that the city intended to seize portable basketball hoops located on public sidewalks or in the street. The letter did not explain why only residents of Edna Islay area are subject to such action. Enforcing such an action city wide would be impractical (not to say extremely unpopular) and targeting only residents of the Edna Islay area is, of course, quite unfair. I, like others, intend to speak at council meeting on March 18th. I will ask that city withdraw its threatened action. I believe San Luis Obispo, like most other cities, wants to be "family friendly." The benefits from being "family friendly" far outweigh, the inconvenience of slight, incidental, and temporary use of a public area. Thank you for your consideration. Sincerely yours, Lance Hillsinger 863 Bougainvillea St. San Luis Obispo 3/18/2008