Agenda packet — San Luis Obispo City Council, May 20, 2025 (part 3 of 4)

Item 7a
begins the process by issuing an Informal NOC. This report includes a table in the discussion portion of the report that compares the City process to what is required by the Streets & Highway Code. We are currently in Step 4 Council Authorization of this process.

DISCUSSION
Background
Notice to Correct Process & Procedure
The Streets Maintenance Program, part of the Public Works Department, is responsible for managing the City’s Sidewalk Inspection Program, which includes proactive inspections across all pavement zones. The City is divided into nine pavement zones.

Zones 1 through 8 are inspected on an approximately eight-year cycle, while Zone 9, which includes the downtown area, is inspected annually prior to the holiday season.

Staff inspects all sections of sidewalks within the public right-of-way in each zone and documents any identified damage. If the damage is caused by a City street tree, staff will complete temporary repairs to mitigate the hazard and plan for permanent repairs. If the damage is not caused by a City street tree, Streets Maintenance will, when conditions allow, perform temporary repairs to mitigate the hazard and issue an Informal Notice to Correct (NOC) to the adjacent property owner to ensure that a permanent repair is completed.

The Streets Superintendent uses the damage thresholds outlined in the City’s Sidewalk Inspection Program (documented under Section II Sidewalk Review) to determine whether repairs or replacements are needed. In all cases, staff seeks to work collaboratively with property owners to achieve voluntary compliance. For minor damage, repairs may be sufficient to correct the defect; however, severely deteriorated sections— such as those shown in Figure 1—are beyond repair and must be replaced. The Superintendent of Streets is responsible for determining the appropriate level of repair or replacement, which is specified in Formal Notices to Correct.

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Item 7a
Sidewalk Inspection Action Thresholds
 Vertical displacements ¾” or greater
 Sidewalk slopes that exceed 5:1
 Cracks and holes with gaps of ½” or greater
In addition to identifying sidewalk hazards through proactive inspections, the City also receives reports of sidewalk deficiencies through Ask SLO and similar community reporting tools.

The following procedure was developed by City staff in 2019 to standardize the informal notice process and encourage cooperation, avoid adversarial enforcement, provide flexibility and due process. The Informal NOC notifies the property owner of the relevant code requirements and their responsibility to correct conditions along the frontage of their property. The notice acknowledges that receiving such a letter may be unexpected and outlines the following recommended timeline for corrective action:
 Within 30 calendar days: Acknowledge receipt of the notice.  Within 60 calendar days: Submit repair plans to the City for review and issuance of an encroachment permit.
 Within 90 calendar days: Obtain an encroachment permit.  Within 120 calendar days: Complete the work to the satisfaction of the City.

The notice also recognizes that sidewalk repairs can be costly and invites property owners to propose alternate timelines for the City’s consideration.

If a property owner does not respond to the notice or engage in the process within 180 days of receiving the first Informal Notice to Correct (NOC), a second Informal NOC will be issued. This second notice provides the property owner with a new deadline—no less than 90 days—to begin the required work.

If no action is taken within that timeframe, staff will seek City Council authorization to proceed with a Formal NOC. If the property owner demonstrates meaningful progress, the item will be removed from the Council agenda, and staff will continue working with the property owner to achieve voluntary compliance. If progress is not made, staff will present the specific sidewalk conditions to the City Council. The presentation also provides an opportunity for the property owner and the public to offer testimony. If the Council

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Item 7a
authorizes issuance of a Formal NOC, the California Streets and Highways Code (SHC) mandates that the property owner must begin the required work within 14 days after the first Formal NOC is served in accordance with Streets & Highways Code §§ 5611-5614.

If the work does not begin within that statutorily mandated 14-day timeframe, the City will complete the repairs and return to Council for a public hearing to affirm the costs and the recovery from the property owner (SHC §§5616-5618.) At that hearing, staff will present a report detailing the completed work, the total repair costs, the affected property, and the proposed assessment against the property owner to recover those costs. The Council may modify or confirm staff’s report.

In accordance with SHC, if the City Council authorizes the assessment and the property owner does not pay within five days, a lien will be placed on the property following the procedures in SHC §§ 5625–5627. Alternatively, the Council may choose to have the lien collected through the County as part of the property tax bill (SHC § 5628), or allow the property owner to repay the amount in up to five annual installments (SCH § 5628.1).

These decisions are not required at this time and would be made later in the process, specifically during Steps 7 and 8 outlined below.

The table below shows the steps in the City process as compared to the requirements of the Streets & Highways Code.

Step City of San Luis Obispo
Process
Streets and Highways Code (SHC)
Requirement

1. Inspection
Streets Maintenance Program
inspects sidewalks proactively
by zone (Zones 1–8 every 8
years, Zone 9 annually).

No requirement for proactive
inspection. SHC is complaint-driven
or based on observed conditions
(SHC § 5611).

2. Informal
Notice to
Correct
First notice sent with voluntary
timeline: - 30 days:

Acknowledge notice - 60 days:

Submit plans - 90 days: Obtain
permit - 120 days: Complete
work
Not required or defined in SHC. This
is a local best practice to promote
voluntary compliance before formal
enforcement begins.

3. Second
Informal NOC
If no action within 180 days,
second notice issued with an
additional 90-day deadline.

Not required in SHC. Again, this is a
City-added step before triggering
formal process.

4. Council
Authorization
If still no response, staff seeks
Council approval to initiate the
formal SHC process.

SHC does not require Council
authorization. Authority rests with
Superintendent of Streets to issue
notice (SHC § 5611).

5. Formal
Notice to
Correct
Send after Council approval.

The notice must include repairs,
method and materials required.

A second notice must be sent
Required: - SHC §§ 5611–5614
Superintendent of Streets issues
notice that must include repairs,
method and materials required. A

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Item 7a
Step City of San Luis Obispo
Process
Streets and Highways Code (SHC)
Requirement
out 7 days after the first notice.

Work must commence within 14
days of the first notice.
second notice must be sent out 7
days after the first notice. Work
must commence within 14 days of
the first notice.

6. City
Performs
Repairs
Contractor the City selects
completes the repairs. City
tracks costs and prepares for
cost recovery.

Allowed under SHC § 5615 if owner
fails to act. The Superintendent of
Streets completes the repairs
directly.

7. Hearing on
Costs
Public hearing before Council to
present completed work and
costs.

Required under SHC § 5616–5618.

The City must notify the property
owner and hold a hearing to confirm
costs and allow for objections.

8. Assessment
& Lien
If unpaid after hearing: - Costs
become a special assessment
and lien. - May be added to tax
rolls or paid in installments.

Required and detailed in SHC §§
5625–5629: - Costs become a
special assessment and lien.

It should be noted that the Steps shown in the table above are a combination of requirements of the SHC. Steps 1 through 4 are not required by the SHC or other applicable City codes or standards. The City prioritizes voluntary compliance as the first step in addressing sidewalk deficiencies. Because the SHC establishes specific procedures and timelines once a Formal Notice to Correct (NOC) is issued, the City begins the process by issuing an Informal NOC. We are currently in Step 4 Council Authorization of this process.

Specific Locations
Issuing Notices to Correct (NOCs) falls within the scope of the Street Maintenance Program in the Public Works Department. During the 2023–24 fiscal year, the program faced staffing shortages, resulting in a backlog of unresolved NOC cases. With the program now fully staffed, staff resumed work on ten previously inactive cases in the fall of 2024. Of those, two have been resolved, and eight remain open as of the preparation of this report. It is important to note that all cases currently before the Council originated from community member complaints, not from proactive enforcement. All identified problems with the sidewalk are related to concrete failures. These concrete failures have displaced the sidewalk horizontally and vertically which create trip and fall risks for sidewalk users and increased liability concerns for the City. To mitigate this user risk and liability for the City the sidewalk must be replaced.

Attachment A provides detailed information for each outstanding NOC case, including photographs, a timeline of correspondence, and estimated replacement costs should Council authorize issuance of the formal NOCs and the property owners fail to take corrective action. In every case, property owners received at least two Informal NOCs

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Item 7a
and supporting documentation via both certified and standard mail. Additionally, many property owners—or their representatives—have communicated with staff by phone or email, and some have met with staff on-site to discuss the conditions. On-site discussions included repair methods and limits, and reasoning for the determination. One of the property owners who met with staff objects to the determination and feels the sidewalk is not out of compliance and does not pose a safety risk. Another property owner stated the determination is subjective and not supported by data, or direct reference to applicable standards. Other property owners acknowledge the requirement and need but have had challenges obtaining a contractor or funding to complete the work. To date, three of the properties have been issued encroachment permits for the corrective work.

Next Steps
If the Council authorizes the staff recommendations, the next step will be to issue Formal Notices to Correct (NOCs) to all property owners who have not yet taken the required corrective actions. These notices will be delivered via certified and standard mail and will also be physically posted on the property. If work has not commenced within seven days of the first notice, a second Formal NOC will be issued.

In accordance with the California Streets and Highways Code (§ 5614), property owners have 14 days from the issuance of the first Formal NOC to begin the necessary work. If the work is not initiated within this timeframe, the City will proceed with repairs using its Job Order Contract (JOC) contractor, who was selected through the public bidding process.

For four of the eight properties, the sidewalk repairs involve shared approaches. In these cases, the repair estimates reflect the full cost of the shared work, with costs split between the adjacent properties. All estimates include a standard 15% contingency to account for unforeseen construction needs. Although shared, each site will be billed independently if work is performed by the JOC contractor.

Once the repairs are completed, staff will return to Council for a public hearing. At that time, staff will present a summary of the completed work, the cost of repairs, a description of the affected properties, and the proposed assessments for each parcel. The Council may modify or confirm staff’s report of costs. The Council may then authorize staff to pursue cost recovery. If a property owner fails to pay the assessed amount, the Council may authorize placing a lien on the property in the amount of the unpaid costs, as discussed above.

Public Engagement
All impacted property owners have been sent multiple notices by standard and certified mail, email communication, and in some instances met with staff on-site.

CONCURRENCE

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Item 7a
The recommended actions are supported by the Administration Department and the City Attorney’s Office.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Section 15378.

If the City chooses to move forward with replacement of sidewalks as recommended by this report, the work would be categorically except from CEQA under CEQA Guidelines Section 15301 (maintenance or repair of existing public or private structures involving negligible or no expansion of existing or former use) and Section 15304 (minor alteration to land involving minor trenching and backfilling where the surface is restored.)

FISCAL IMPACT
Budgeted: No Budget Year: 2024-25
Funding Identified: Yes
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $331,377 $178,102 $153,275 $0
State
Federal
Fees
Other:

Total $331,377 $178,102 $153,275 $0
Staff is recommending funding this work using the CIP Reserve account. The current balance of the CIP Reserve account is $331,377, and the cumulative cost to complete the work at all locations is $178,102, leaving a balance of $153,275 in the CIP Reserve account. If Council authorizes staff to pursue cost recovery at the future second public hearing, all recovered costs would be returned to the CIP Reserve account upon collection.

ALTERNATIVES
Council could direct revisions to the informal NOC process. Staff welcomes Council’s input and direction on this process.

Council could decide not to authorize issuance of formal NOCs. Council could direct staff to continue working with property owners to obtain voluntary compliance. As seen in

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Item 7a
Attachment A, staff have been working with many of the property owners since 2023 (in one case, since 2021) and have been unable to obtain voluntary compliance.

Council could decide not to authorize use of CIP reserve funds to complete the repairs if owners fail to do so. Once the formal NOC is issued under the SHC, the City is required to complete the necessary repairs/replacement if the owners fail to do so.

Other than the CIP reserve, no other funding source has been identified for completing this work. If Council does not approve of the use of CIP reserves staff would review other projects to determine if this need is a higher priority and return to Council with a different funding recommendation.

The Council may direct staff to complete curb, gutter, and sidewalk replacement outside the process outlined in the Streets and Highways Code. Under this approach, staff would continue to coordinate with property owners to schedule the necessary work. The City would hire a contractor to perform the replacements and cover the full cost of construction. Property owners would not be required to contribute funding, and no further Council action would be needed. However, this approach could reduce future voluntary compliance from property owners with deficient sidewalks and may lead to increased long-term maintenance costs for the City.

ATTACHMENTS
A – NOC Location Specifics and Timelines
B – Streets and Highway Code
C – Draft Resolution Authorizing Informal and Formal NOC Process D – Draft Resolution Authorizing Staff to Issue Formal NOCs E – Costs and Correspondences for 360 Chorro St
F – Costs and Correspondences for 368 Chorro St
G – Costs and Correspondences for 3195 S. Higuera
H – Costs and Correspondence for 878 Islay
I – Costs and Correspondences for 859 Mission St
J – Correspondences with 867 Mission St
K – Correspondences with 875 Mission St
L – Correspondence with 1543 Morro St

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3195 South Higuera Summary
Condition: Private trees causing deviations
Repair Cost: $51,538
Communications
Date Event
10/6/2021 Informal Notice to Correct Sidewalk letter sent 3/7/2022 Second Informal Notice to Correct Sidewalk letter sent 2/21/2023 Third Informal Notice to Correct Sidewalk letter sent 7/15/2024 Notice to correct letter sent as final attempt to resolve voluntary
9/2024 Communication between property owner’s attorney and staff
2/10/2025 Fourth Informal Notice to repair Sidewalk letter sent

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360 Chorro Summary
Condition: Deteriorated sidewalk condition
Repair Cost: $31,850.72
Communications
10/16/2023 Notice to Correct Sidewalk letter sent
2/10/2025 Second Informal Notice to repair Sidewalk letter sent

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368 Chorro Summary
Condition: Deteriorated sidewalk condition
Repair Cost: $23,609.72
Communications
10/16/2023 Notice to Correct Sidewalk letter sent
3/2024 Email communication between property owner rep.
and staff
7/242024 Met with property owner on-site to discuss
2/10/2025 Second Informal Notice to repair Sidewalk letter sent 3/2025 Communication to staff, looking for contractor
4/2025 Streets forwarded permit information to contractor

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859 Mission Summary Timeline
Condition: Deteriorated sidewalk condition
Repair Cost: $21,094.50
Communications
10/17/2023 First Informal NOC sent
2/10/2025 Second Informal NOC sent

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867 Mission Summary Timeline
Condition: Deteriorated sidewalk condition
Cost: $11,195.39 (Approach is shared by two properties, work to be billed separately) Communications
10/17/2023 First Informal NOC
11/2023 Emails regarding the meeting with the property
owner
2/10/2025 Second Informal NOC
3/18/2025 Staff met with Property Owner on-site
875 Mission Summary Timeline
Condition: Deteriorated sidewalk condition
Cost: $11,195.39 (Approach is shared by two properties, work to be billed separately)

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Communications
10/17/2023 Notice to Correct Sidewalk letter sent
2/10/2025 Second Informal Notice to repair Sidewalk letter sent
3/2025 Email communication with property owner
4/7/2025 Met with property owner on-site to discuss

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1543 Morro
Condition: Deteriorating sidewalk condition
Repair Cost: $13,809.14 (Approach is shared by two properties, work to be billed separately)
Communications
11/5/2024 First Informal NOC sent
2/10/2025 Second Informal NOC sent
3/7/2025 Property owners’ contractor communication with staff
878 Islay Summary Timeline
Condition: Deteriorated sidewalk condition
Repair Cost: $ 13,809.14 (Approach is shared by two properties, work to be billed separately)

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Communications
8/19/2024 First Informal NOC sent
10/16/2024 Staff met with Property Owner on-site
11/18/2024 Property Owner emailed requesting the City to start the formal process and lien the property
2/10/2025 Second Informal NOC sent

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Streets and Highways Code - SHC
DIVISION 7. THE IMPROVEMENT ACT OF 1911 [5000 - 6794]
PART 3. PERFORMING THE WORK [5100 - 5954]
CHAPTER 22. Maintenance of Sidewalks [5600 - 5630]
ARTICLE 1. General Provisions [5600 - 5602]
5600.

As used in this chapter “sidewalk” includes a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip. 5601.

This chapter shall only apply to maintenance and repair proceedings, whether upon work originally done under this division or otherwise, and shall not be used for the construction of new improvements. The “Special Assessment Investigation, Limitation and Majority Protest Act of 1931” shall not apply to proceedings taken under this chapter. 5602.

This chapter constitutes a separate and alternate procedure for performing the work specified herein and, except for the provisions of Part 5 of this division, no other provisions of this division shall apply to proceedings instituted hereunder.

ARTICLE 2. Repairs [5610 - 5618]
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.

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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, 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.

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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.

ARTICLE 3. Collection of Cost of Repair [5625 - 5630]
5625.

The cost of the repair may be assessed by the legislative body against the parcel of property fronting upon the sidewalk upon which such repair was made, and such cost so assessed, if not paid within five days after its confirmation by the legislative body, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record. 5626.

The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form:

NOTICE OF LIEN
Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the ____ day of ____, 19_, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls, or other

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works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the legislative body of said city (county, or city and county) did, on the ____ day of ____, 19_, by Resolution No. ____ assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of ____ dollars ($____), and the same shall be a lien upon said real property until the said sum, with interest at the rate of ___ percent per annum, from the said ____ day of ____, 19_ (insert date of confirmation of assessment), has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the county of ____, State of ____, and particularly described as follows:
(Description of property)
Dated this _____ day of ____, 19___.

Superintendent of Streets
5627.

From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under this division. 5628.

As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, may order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If city taxes are collected by the county officials, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization. 5628.1.

The legislative body shall have the power, in its discretion, to determine that the payment of assessments of one hundred dollars ($100) or more may be made in annual installments, not to

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exceed five, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body, not to exceed the rate permitted for bonds by Section 53531 of the Government Code. Interest shall begin to run on the 31st day after the confirmation of the assessments by the legislative body. Determinations of the legislative body shall be expressed by resolution at any time prior to the confirmation of the assessments. 5629.

Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment taxes. 5629.1.

Whenever the property fronting on a sidewalk required to be maintained and repaired pursuant to the provisions of this chapter lies within one city or unincorporated territory of a county, and the sidewalk required to be so maintained and repaired lies within another city or unincorporated territory of a county, the superintendent of streets of the city or county having jurisdiction over the sidewalk shall have full authority to serve notices to repair and do all work contemplated by Articles 2 and 3 of this chapter, notwithstanding the fact that the property fronting on the sidewalk lies within another city or unincorporated territory of a county. The legislative body of the city or county within which the sidewalk has been repaired pursuant to the provisions of this chapter shall have jurisdiction to levy an assessment to pay the cost of any such sidewalk repairs against the parcel of property fronting on said sidewalk, notwithstanding the fact that said property lies within another city or unincorporated territory of a county and said assessment shall be a lien on said property for the amount thereof until the assessment and all interest thereon is paid or until it is discharged of record.

The provisions of Sections 5628 and 5629 of this code shall be applicable to the collection and enforcement of all liens levied pursuant to the provisions of this section and the amount so

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collected shall be paid to the treasurer of the city or county as the case may be which conducted the proceedings.

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RESOLUTION NO. ________ (2025 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO,
CALIFORNIA, FORMALIZING THE CITY’S PROCEDURES FOR

ISSUING INFORMAL AND FORMAL NOTICES TO CORRECT

SIDEWALK AND FRONTAGE IMPROVEMENT DEFICIENCIES
WHEREAS, Section 12.16.020 of the San Luis Obispo Municipal Code incorporates Division 7, Part 3, Chapter 22 of the California Streets and Highways Code, which establishes the responsibility of property owners to maintain sidewalks and frontage improvements adjacent to their property in a safe condition; and WHEREAS, the City of San Luis Obispo has adopted a Sidewalk Inspection Program and developed a structured process to notify property owners of unsafe sidewalk or frontage conditions and to encourage voluntary compliance through an informal process before initiating formal procedures under state law; and WHEREAS, the City’s informal process includes the issuance of at least two Informal Notices to Correct (NOCs) which outline recommended corrective timelines and encourage communication and flexibility, followed by a presentation to City Council if voluntary compliance is not achieved; and
WHEREAS, under the Streets and Highways Code §§ 5610–5618, once a Formal Notice to Correct is issued, property owners have 14 days to commence repairs, after which the City is authorized to complete the work and pursue cost recovery if the property owner fails to act; and
WHEREAS, City Council support is sought to initiate the formal process for properties that have failed to respond to informal notices and to direct staff to complete repairs and initiate cost recovery proceedings if necessary; and WHEREAS, the sidewalk deficiencies on the subject properties pose risks to public safety and have not been remedied despite multiple efforts at outreach and accommodation by City staff.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:

SECTION 1. Findings. The City Council finds that the informal process described in the staff report, including issuance of two Informal NOCs and efforts to achieve voluntary compliance, constitutes a reasonable and necessary local practice to encourage cooperation and provide flexibility to property owners while maintaining public safety.

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Resolution No. _____ (2025 Series) Page 2
R____
SECTION 2. Authorization of Process. The City Council hereby affirms the City's two-phase process for correcting sidewalk and frontage improvement deficiencies:
 Informal Phase: Proactive inspections, initial and second Informal Notices to Correct, outreach to property owners, and allowance for voluntary correction within a structured timeline.
 Formal Phase: If no corrective action is taken, issuance of a Formal Notice to Correct pursuant to Streets and Highways Code §§ 5611–5614, execution of repairs by City staff or contractors if repairs are not initiated within 14 days, and initiation of cost recovery through public hearing and special assessment as permitted under §§ 5616–5629.

SECTION 3. Waiver Provision. The Public Works Director is authorized to waive issuance of a Formal Notice to Correct if the property owner takes corrective action before the notice is formally issued.

Upon motion of_______________________, seconded by__________________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The forgoing resolution was adopted this _______ day of __________________ 2021. _______________________________________
Mayor Erica A. Stewart
ATTEST:
________________________________
Teresa Purrington. City Clerk
APPROVED AS TO FORM:
_________________________________
J. Christine Dietrick, 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 ________________________________. ________________________________
Teresa Purrington, City Clerk

Page 324 of 565 ends

RESOLUTION NO. ________ (2025 SERIES)

A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO,

CALIFORNIA, AUTHORIZING STAFF TO ISSUE A FORMAL NOTICE OF

CORRECTION FOR THE REPLACEMENT OF SIDEWALK ADJACENT
TO THE PROPERTIES AT 360 CHORRO, 368 CHORRO, 3195 SOUTH HIGUERA, 878 ISLAY, 859 MISSION, 867 MISSION, 875 MISSION, AND 1543 MORRO, AND TO COMPLETE THE WORK SHOULD THE
ADJACENT PROPERTY OWNERS FAIL TO TAKE ACTION WITHIN 14

DAYS AFTER BEING ISSUED A FORMAL NOTICE TO CORRECT,
PURSUANT TO SAN LUIS OBISPO MUNICIPAL CODE 12.16.020
WHEREAS, Municipal Code Section 12.16.020, by adoption of the procedures set forth in the Streets and Highways Code Division 7, Chapter 22, requires that a property owner maintain and, when necessary, replace the sidewalk adjacent to their property so that the sidewalk will not endanger persons or property or interfere with the public convenience in the use of such sidewalk; and
WHEREAS, the portions of sidewalk adjacent to the properties located at 360 Chorro, 368 Chorro, 3195 South Higuera, 878 Islay, 859 Mission, 867 Mission, 875 Mission, and 1543 Morro (the “subject properties”) are in a condition of significant disrepair and pose a danger to persons and property and interfere with use of the sidewalks; and
WHEREAS, since issuance of the original Informal Notice to Correct, the owners of the subject properties have received no fewer than two separate notices from the City informing them of their responsibility to repair and maintain the improvements fronting their property and to compel the repair and/or replacement of such improvements; and WHEREAS, the owners of the subject properties have failed to take the necessary action to replace the damaged and non-compliant sidewalks adjacent to their properties; and
WHEREAS, at least 90 days have passed since the second informal Notices to Correct were served upon the owners of each of the subject properties; and WHEREAS, on May 20, 2025, Council received a staff presentation on the current specifics of the sidewalk conditions at the subject properties; and WHEREAS, the City Council has considered all evidence, including staff’s presentation and the testimony of the property owners and interested parties.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that:

Page 325 of 565 ends

Resolution No. _____ (2025 Series) Page 2
R____
SECTION 1. Findings. The above statements are true and constitute the findings of the City Council.

SECTION 2. Action. Staff is hereby authorized to issue Formal Notices to Correct to the Property Owners of 360 Chorro, 368 Chorro, 3195 South Higuera, 878 Islay, 859 Mission, 867 Mission, 875 Mission, and 1543 Morro, in accordance with the requirements set forth in Streets & Highways Code §§5611-5614. If work does not commence within fourteen days following the first Formal Notice to Correct, City staff is authorized to execute the work and return to the City Council upon completion of the work to report on costs and for Council’s consideration of pursuit of cost recovery.

Upon motion of__________________, seconded by_____________, and on the following roll call vote:

AYES:

NOES:

ABSENT:

The forgoing resolution was adopted this ____ day of _____________ 2025. _____________________________________
Mayor Erica A. Stewart
ATTEST:
________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_________________________________
J. Christine Dietrick
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 ________________________________. ________________________________
Teresa Purrington
City Clerk

Page 326 of 565 ends

Public Works Department
919 Palm St. Specification Number: 1000199
San Luis Obispo, CA Task Order No:
93401-3218
Location
1 Contingency
*Total
*For cost in excess of $100,000 attach City Manager Report approving purchase.

Estimated Costs
Replacement of Driveway and sidewalk, creating ada compliance.

Description of Project:

Extra Work $ -
$ 31,850.72
$ 5,308.45
Unit Price Work $ 26,188.75
Asphalt Material $ 353.52
Task Order Details
Work Order No. Nearest Address Description
360 Chorro Driveway Replacement
Streets and Sidewalk Maintenance JOC - AUTHORIZATION
City of San Luis Obispo

Page 327 of 565 ends

Item No. Item Description
Unit of
Measure Unit Price
Estimated
Quantity
Estimated
Cost
Actual
Quantity Final Cost
1CCO1 Edge Grind SQFT 10.25 $ - $ - $
2CCO1 1.75" Thin Maintenance Overlay SQFT 13.33 $ - $ - $ 3CCO1 2” AC Grind & AC Overlay-1/2'' Aggregate SQFT 41.00 $ - $ - $ 4CCO1 6” AC Pavement - Excavation & Restoration SQFT 9.23 $ - $ - $ 5CCO1 10” AC Pavement - Excavation & Restoration SQFT 13.33 $ 50 666.25 $ - $ 6CCO1 8” PCC with 3” max AC Cap - Excavation & Restoration SQFT 29.73 $ - $ - $ 7CCO1 Class II Aggregate TON 87.13 $ - $ - $
8CCO1 Trench Backfill Sand TON 76.88 $ - $ - $
9CCO1 AC Dike - Caltrans A87B LF 23.58 $ - $ - $
10CCO1 Pavement Reinforcing Fabric SQYD 71.75 $ - $ - $ 11CCO1 Geo Textile Grid SQYD 51.25 $ - $ - $
12CCO1 Fog Seal SQYD 25.63 $ - $ - $
13CCO1 Pavement Marking-Caltrans A24 SQFT 18.45 $ - $ - $ 14CCO1 12'' White Line Limit Line LF 20.50 $ - $ - $
15CCO1 Traffic Stripe-Caltrans A20A Detail 1 LF 20.50 $ - $ - $ 16CCO1 Traffic Stripe - Caltrans A20A Detail 2 LF 20.50 $ - $ - $ 17CCO1 Traffic Stripe - Caltrans A20A Detail 8 LF 20.50 $ - $ - $ 18CCO1 Traffic Stripe - Caltrans A20A Detail 9 LF 20.50 $ - $ - $ 19CCO1 Traffic Stripe - Caltrans A20B Detail 22 LF 23.58 $ - $ - $ 20CCO1 Traffic Stripe - Caltrans A20D Detail 29 LF 23.58 $ - $ - $ 21CCO1 Traffic Stripe - Caltrans A20D Detail 38 LF 23.58 $ - $ - $ 22CCO1 Traffic Stripe - Caltrans A20D Detail 39 LF 23.58 $ - $ - $ 23CCO1 Traffic Stripe - Caltrans A20D Detail 39A LF 23.58 $ - $ - $ 24CCO1 Reflective Pavement Marker-All Types EA 35.88 $ - $ - $ 25CCO1 Hi-Vis-Crosswalk-STD 7350 LF $ 307.50 $ - $ -
26CCO1 Bike Lane Buffer LF $ 30.75 $ - $ -
27CCO1 Green Bike Lane Coating-STD 7360 SQFT $ 51.25 $ - $ - 28CCO1 Remove Traffic Stripe LF 15.38 $ - $ - $
29CCO1 Remove Pavement Marking SQFT 15.38 $ - $ - $
30CCO1 Remove & Replace Sidewalk - Std. 4110 (Area Under 60 SQFT) SQFT 71.75 $ - $ - $ 31CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - 60 to 180 SQFT) SQFT 61.50 $ 100 6,150.00 $ - $ 32CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - over 180 SQFT) SQFT 51.25 $ - $ - $ 33CCO1 Remove & Replace Curb and Gutter - Std. 4030 LF 92.25 $ - $ - $ 34CCO1 Remove & Replace Curb Ramp - Std. 4440 SQFT 24.60 $ - $ - $ 35CCO1 Remove & Replace Cross Gutter - Std. 4310 SQFT 205.00 $ - $ - $ 36CCO1 Remove & Replace Driveway Ramp - Std. 2110,2111,2115,2116 SQFT 35.88 $ 300 10,762.50 $ - $ 37CCO1 Mission Style PCC Coloring and Salt Finish SQFT 6.15 $ - $ - $ 38CCO1 Mission Style Tile Installation per Std. 4220 LF 71.75 $ - $ - $ 39CCO1 Single Mission Tile Installation - Std. 4220 EA 82.00 $ - $ - $ 40CCO1 Replace Truncated Domes - Std. 4440 SQFT 71.75 $ - $ - $ 41CCO1 Repaint Curb LF 6.15 $ - $
42CCO1 Furnish & Install Metal Post - Std. 7210 EA 666.25 $ - $ - $ 43CCO1 Furnish & Install Metal Post - Std. 7215 EA 717.50 $ - $ - $ 44CCO1 Furnish and Install Sign EA 512.50 $ - $ - $
45CCO1 Reconstruct Guardrail - Caltrans A77A1 LF 512.50 $ - $ - $ 46CCO1 Furnish and Install Tree Well - Std. 8130, 4'x4' EA 5,125.00 $ - $ - $ 47CCO1 Furnish and Install Tree Well - Std. 8130, 5'x5' EA 5,945.00 $ - $ - $ 48CCO1 Furnish and Install Tree Well - Std. 8130, 6'x6' EA 7,175.00 $ - $ - $ 49CCO1 Enlarge Tree Grate Opening EA 256.25 $ - $ - $
50CCO1 Catch Basin - Std. 3350 EA 15,375.00 $ - $ - $
51CCO1 Catch Basin - Std. 3355 EA 18,450.00 $ - $ - $
52CCO1 Catch Basin - Std. 3355A EA 12,300.00 $ - $ - $
53CCO1 Catch Basin - Std. 3360 EA 18,450.00 $ - $ - $
54CCO1 Adjust Utility Cover - Std. 6040 EA 768.75 $ - $ - $ 55CCO1 Manhole Frame and Cover Replacement - Std. 6040 EA 2,562.50 $ - $ - $ 56CCO1 Manhole Replacement - Std. 3530 or 6610 EA 13,325.00 $ - $ - $ 57CCO1 Manhole Coating EA 30,750.00 $ - $ - $
58CCO1 Construct Well / Cleanout - G5 - Std. 6710 EA 1,230.00 $ - $ - $ 59CCO1 Potholing (Depth - 0’ to 4') EA 666.25 $ - $ - $ 60CCO1 Potholing (Depth - 4' to 8') EA 973.75 $ - $ - $ 61CCO1 Potholing (Depth - 8'+) EA 1,332.50 $ - $ - $
62CCO1 Pipe Excavation & Restoration (Depth - 0’ to 2.5’) LF 205.00 $ - $ - $ 63CCO1 Pipe Excavation & Restoration (Depth - 2.5’ to 8.5’) Shoring Required LF 410.00 $ - $ - $ 64CCO1 Pipe Excavation & Restoration (Depth - 8.5’+) Shoring Required LF 666.25 $ - $ - $ 65CCO1 Traffic Control - Eng. Std. Appendix G – Fig A HR 133.25 $ - $ - $ 66CCO1 Traffic Control - Eng. Std. Appendix G – Fig B HR 256.25 $ - $ - $ 67CCO1 Traffic Control - Eng. Std. Appendix G – Fig C HR 205.00 $ - $ - $ 68CCO1 Traffic Control - Eng. Std. Appendix G – Fig D HR 256.25 $ - $ - $ 69CCO1 Traffic Control - Eng. Std. Appendix G – Fig E HR 153.75 $ - $ - $ 70CCO1 Traffic Control - Eng. Std. Appendix G – Fig F HR 205.00 $ - $ - $ 71CCO1 Traffic Control - Eng. Std. Appendix G – Fig G HR 205.00 $ - $ - $ 72CCO1 Traffic Control - Eng. Std. Appendix G – Fig H HR 153.75 $ - $ - $ 73CCO1 Traffic Control - Eng. Std. Appendix G – Fig I HR 205.00 $ - $ - $ 74CCO1 Traffic Control - Eng. Std. Appendix G – Fig J HR 205.00 $ - $ - $ 75CCO1 Traffic Control - Eng. Std. Appendix G – Fig K HR 169.13 $ - $ - $ 76CCO1 Traffic Control - Eng. Std. Appendix G – Fig L HR 358.75 $ - $ - $ 77CCO1 Traffic Control - Eng. Std. Appendix G – Fig M HR 133.25 $ - $ - $ 78CCO1 Traffic Control - Eng. Std. Appendix G – Fig N HR 256.25 $ - $ - $ 79CCO1 Traffic Control - Eng. Std. Appendix G – Fig O HR 287.00 $ - $ - $ 80CCO1 Traffic Control - Eng. Std. Appendix G – Fig P HR 102.50 $ 48 4,920.00 $ - $ Unit Price Contract Work

Page 328 of 565 ends

3.07 100.00 $ 307.41 $ 46.11 $ 353.52 $
Estimate Total 353.52 $
Tons Unit Price Cost 15% Markup Ticket Total
$ - - $ - $ - $
$ - - $ - $ - $
$ - - $ - $ - $
$ - - $ - $ - $
Actual Total - $
Estimate
Est. No. Location Cost
111 Location X - $
222 Location Y - $
$ -
Actual
EW No. Location Cost
111a Location X - $
222b Location Y - $
$ -
1234 Plant
Install A
Install B
Task
Install A
Install B
Task
Actual
Actual Total
Estimated Total
1234 Plant
1234 Plant
1234 Plant
Asphalt Concrete Material
Extra Work
Ticket Number and Plant

Page 329 of 565 ends

Task Order - Paving Estimate
Location
Work
Order Address Description
No.

Patches L1
(ft) W1 (ft) L2 (ft) W2 (ft) L3 (ft) W3 (ft)
Area
(SF)
AC Depth
(in) PCC/AC
Edge
Grind
(SF)
Reinforcing
Fabric (SY)
Adjust
Utility
Cover (EA) Tons of AC Adjusted Striping Detail
Striping
(ft/SF/EA)
Traffic Control
#1
Traffic Control
#2 Hours Notes
1 360 Chorro Pave Out 25 2 50.0 10 3.1 3.5

1.75 3.5 Fog Seal Minor
2 A24 A
6 12" White Line B

50.0 10 1 C
PCC/AC 2 D
8 E
9 F
22 G
29 H
38 I
39 J
39A K
Markers L
Crosswalk M
Bike Lane Buffer N
Green Bike Lane Coating O
Remove Traffic Stripe P
Remove Marking

Page 330 of 565 ends

Task Order - Concrete Estimate
Location
Work
Order Address Description
No.

Patches
Total
Length
L1 (ft)
Total
Width
W1 (ft)
Tree Well Length
(Deduction)
L2 (ft)
Tree Well Width
(Deduction)
W2 (ft)
Number of
Tree Wells
Other
(Deduction)
L3 (ft)
Other
(Deduction)
W3 (ft)
Area
(ft2)
Mission
Style
Mission
Style Tile
(ft)
Curb and
Gutter (ft)
Curb Ramp
(SF)
Truncated
Domes (SF)
Cross
Gutter
(SF)
Driveway
Ramp (SF)
Repaint
Curb (ft)
1 360 Chorro Street Driveway Replacement 1 10 10 100.0 300 Replacement Tree Wells 100.0 Regular 300
4' Mission
5'
6'
Enlarge

Page 331 of 565 ends

Metal Sign
Posts and Sign
(EA) Traffic Control Hours Notes Cover Page Description Minor 48
P 48
Minor 48
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P 48

Page 332 of 565 ends

Public Works
?13 Palfi Street. San t,urs llrispc CA934:)1 3219
u]5 7?,1 72tri
sltrcilT i;r.;
February 10,2025
Daniel Battagin
5219 19th Ave NE
Seattle WA 98105
Subject: Second lnformal Notice to Repair Sidewalk - 360 Chorro St., San Luis Obispo Dear Property Owner:

The sidewalk and driveway apron adjacent to your property located at 360 Chorro in the City of San Luis Obispo has been identified as a dangerous condition and must be mitigated. The City's Streets Maintenance Program has made temporary repairs; however, you as the adjacent property owner are responsible forthe permanent repairs in compliance with the City's Engineering Standards.

The City of San Luis Obispo's Municipal Code identifies the improvements between the street line and property line as being the maintenance responsibility of the adjacent property owner. . San Luis Obispo Municipal Code 12.16.020 - Property Owner's Responsibility The maintenonce, repair and collection of the cost of repoir shall be governed by the procedure set forth in Division 7, Port 3, Chopter 22 of the Streets ond Highwoys Code of the state. (Prior code 5 7330.1)
public works Department staff sent you the first lnformal Notice to correct on 1'0/1'6/2023, with the request to complete the necessary work within 120 days to the satisfaction of the City. After a review of the file and inspection of the property, staff has noted the conditions have not been corrected. you shallobtain an Encroachment Permit no later lhan411,/2025 and complete the repairswithin 30 days of this of the permit issuance.

Failure to comply with the above-stated dates will result in the City issuing a formal Notice to Correct and the work being completed by the City's contractor. lt should be noted, if the work is complete by a City contractor, the work is subject to prevailing wage requirements.

A hearing has been added to the 5/20/2025 City Council agenda to seek approval for the necessary work and to pursue reimbursement through a special assessment and lien, should the work not be completed by the above stated date.

Please feelfree to contact me with any questions at [email protected].

Page 333 of 565 ends

Since re ly,
Nehimiah Stephenson
Maintena nce SuPerintendent
Public Works DePartment
Attachments: Previous Correspondences, Photos, Sidewalk Brochure, Applicable Streets and Highways Code

Page 334 of 565 ends

Areas of less severe damage are completed as the
next priority, working around the City in asystematic fashion in advance of the paving program. That can mean the sidewalk will not be
replaced for several years. Damage other thanthat caused by street trees needs to be completed by the propefty owner.

Related to sidewalk repair is clearance and
visibility. When is maintenance required?
. Visibility - When parkway strip shrubbery
interferes with the ability of a driver to see
pedestrians or approaching traffic, either
frorn a driveway or an intersection, trimming
of shrubs must be completed by the property
owner. Shrubs must be trimmed to a
maxinrum height of 36", for a minimumdistance of 30' fiom an intersection. (Municipal Code 10.60 and 17. 16.020)
. Walkway and Cutter Clearance * Trimming
of ground cover or shrubs is required whenthe plants extend onto or over the sidewalk, gutter, or street.
. Parkway Strip Condition - All tree stumps,
large rocks, trash and holes tnust be removed
by the property owner. The parkway strip
must be level and holes must be filled and
leveled with dirt or other material.

When is a permit required for landscape
maintenance work?
lf the sidewalk or the street must be closed for
the work, a permit is required from Public
Works. Call (805)73 l-701 5 for additional
infbrmation. lf a tree is to be removed, a tree
removal permit must be obtained. Applications
for tree removal are available on the City's web
site on the Public Works page www.slocitv.org
or call l8l-7220 for additional information.
(rl!.)
@ocn a-lo l)P3
oP)- c s!.
oq (J Lt q
\O!5 CltvoF
sflnl,(IlsonrsPo
Sidewalk
&
Parkway Strip
Maintenance
Property Owner
Responsibilities
Department of Public Works
805-78 1,122080s-781-701 s
Itev Ll1.l3

Page 335 of 565 ends

'l-he City receives many requests flonr citizens to
make repairs to sidewalks. Th is brochure
provides general information to the public on this
subject.

What is the sidewalk, parkway, and curb and
gutter? 't'he sidewalk, parkway strip, and curb & gutter are typically rnade of concrete and located next
to the street on the front and/or side portion of
your propefty. The curb and gutter are located atthe edge of the street pavement. The sidewalk iseither separated from the curb by a parkwaystrip, or is located adjacent to the curb.

Parkways are sometimes planted or filled in with
brick or other rnaterials.

Who is responsible for maintenance? -l'he properly owner is responsible for properly rraintaining this area (see San Luis Obispo
Municipal Code Section 12.16.020 and Streets
and tlighway Code Division 7. Part 3, Chapter22). This responsibility includes maintenance of damaged or displaced concrete and abaternent ofweeds or debris. While the City may be liable forinjuries to pedestrians that are determined to have resulted from a dangerous condition of a
public sidewalk, propefty owners should beaware that they may also be found liable if it is determined that their negligence caused someone
to be harrned.When should property owners consider doing sidewalk replacement?
Replacernent of the sidewalk, curb and gutter
concrete should be considered when one or n.loreof the following exists:
r When there is a vertical difference in height
hetween sections of the sidewalk or concrete
parkway strip of 3/4" or more.
r Ifthe concrete has broken apart.
r In any instance where the owner has reason
to know that the condition presents a danger
to users, or the owner has observed someone
trip because of damage to the surface.

In addition to damaged sections of sidewalk, curb
and gutter replacernent is typically required whensidewalks and driveways are replaced, unless thesidewalk is separated fiotn the curb by a parkway. Patching should be cornpleted whenhorizontal openings greater than l/2" exist.

Are there inspections and standards for
concrete repair work?
Yes, all work and materials must be in
confbrmance with the City of San Luis Obispo
Engineering Standards for Public Works
Construction.Before placing any concrete, you must have any tree root renroval apploved, and the saw cut,
forms, and base inspected. After approval, a
City-approved concrete mix must be used. Thesurface finish must be a light broom finish with score rnarks. After the work is completed, youmust call for a final inspection.

A perrnit is required for all concrete work in the
public right-of-way. Engineering Standards for
construction are available on the City's web site
on the Public Works page www.slocity.org. For
information on obtaining a pennit call (805)781- tjt 5. ls the property owner responsible for repairs
if the concrete damage is caused by a tree?
The City encourages street trees in front ofresidences. (Municipal Code 12.24.010) T'he property owner is responsible fbr the
rnaintenance of the street tree but the City willrepair the sidewalk when the concrete has been damaged by a street tree, as funding is available.and tirned with the area rotation program.

Concrete damaged by trees other than street trees is the responsibility of the property owner.

Maintenance, trimrning and replacement of street
trees and shrubs is governed by Chapter

12.24.110, 12.24.120 and 12.24.150 of the
MunicipalCode.

What measures should be taken to minimize
concrete displacement by tree roots?Ceftain species of trees rnay raise concrete if preventative maintenance is not performed. Toreduce the chance of future concrete displacement, trees can be root-pruned. Caremust be taken when root pruning to avoid darnaging underground utilities or destabilizing
or harming the tree. This work must be cornpleted
by a licensed arborist. Also, deep- watering tlre
tree, that is, applying a slow trickle of water
over a 24-hour period, encourages deeper root
growth which reduces the chance of sidewalkdamage.
lf a problem is reported to the City, how long
does it take for a repair?
When a report is made to the City, it is entered
in to the work order program. Subject to the
availability of resources and personnel, the Citywill attenrpt to review the site within a week of entry of the work order. lf a ternporary repair,such as grinding or ramping the area can bemade, the City will generally attempt to complete that work within two weeks. Severe darnagecaused by a street tree, which cannot be repaired adequately, will be reconstructed as soon asresources and available personnel allow.

Page 336 of 565 ends

Public Works
9t g Palm Streel, San Luis Obispo. CA 93401-321 8
805 781 /200
slocity.orq
October L6,2023
Daniel Battagin
5219 19th Ave NE
Seattle WA 98105
93405
Subject: Notice to Correct Sidewalk & Driveway Apron at 350 Chorro St.

Dear Property Owner,
The sidewalk and driveway apron adjacent to your property at 360 Chorro St. in the City of San Luis Obispo must be repaired. This is the section of sidewalk at 360 Chorro St. is considered a dangerous condition that must be mitigated. The condition of the concrete has deteriorated so severely that a temporary repair effort by Public Works staff would fail in a very short time and make the sidewalk more of a hazard. This sidewalk was brought to our attention by a citizen complaint.

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, in this case, Daniel Battagin

12.16.020 Property owner's responsibility - City Municipol Code The mointenonce, repoir, and collection of the cost of repoir sholl be governed by the procedure set forth in Division 7, Port 3, Chapter 22 of the Streets ond Highways Code of the state. (Prior code I7330.1)
The appropriate sections of the Streets and Highway Code are included as an attachment to this letter Below are some incrementaltimeframes to complete the work.

Within 30 calendar days of this letter, you must acknowledge receipt of this letter.

Within 60 calendardays of this letter, you must submitto the Citythe necessary repair plansfor the issuance of an encroachment permit.

Within 90 calendar days of this letter, you must obtain an encroachment permit from the City to complete the necessary repair work.

Within 120 calendar days of this letter, you must complete the necessary repair work to the satisfaction of the City.
a
a
a

Page 337 of 565 ends

This repair work can be costly; if you prefer to propose alternate timeframes for consideration, please submit those in writing to me within 30 calendar days of this letter. Failure to comply with this request could lead to formal Notices to Correct being issued with accelerated repairtimeframes as required by the Streets and Highways Code.

Sincerely,
Aaron Anderson
Acting Streets Ma intena nce Supervisor
aanderso@ s I ocitv.o rs 805-7 81-7 043
Attachments:
1'. Attachment 1 - Streets and Highway Code - Division 7 , Part 3, Chapter 22, Arlicle 2

2. Photos

3. Sidewalk & Parkway Strip Maintenance brochure

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
5510. lots or rtion 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 anv sid k in such condition that the sidewalk will not enda nqer persons or prooertv and maintain it in 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 anv portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or oroDe rtv or in condition to interfere with the oublic nce in the use of such sidewalk, the superintendent of streets shall notifv the owner or person in possession of the propertv ortion of s h tr to re ir
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. 5513. 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 L0 inches in size, to be posted in a conspicuous place on the property. ln 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

Page 338 of 565 ends

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. 5514. The notice shall rticularlv soecifv what work is uired to be done. and how it is to be done. and what materi ls shall be used in the repa ir and shall further soec ifu that if the reoair is not commenced in two nd dil ron
the srrnpri ntendont nf <trprrf< shall m lza such re n2 and fhc c+ nf fh tr e same shall ho r lian nn iho propertv.
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. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, 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. 5515. lf 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 forwhich, pursuant to this chapter, subsequent notices are given, hearings held, and assessment and collection procedures are conducted.
5515. 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. lf bonds are to be issued, the notice shall also contain the information required by Section 5614.1,.
56t7. 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. 5518. 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.

Page 339 of 565 ends

Page 340 of 565 ends

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I r Print your name and address on the reverse
, so that we can return the card to you.
r Attach this card
or on the front if
to the back of the mailPiece,

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3. ServiceType
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Certified Mail Resiricted D€liv€ry
E Collect on Delivery
E Collect on Delivery Restricted Delivery
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ls delivery address from item 1? Yes
lf YES, enter delivery address below: E No
tr Priority Mail ExPress@
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Delivery
E Signature ConfirmationlM
E Signaturo Conlirmation
Festricted Delivery
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i PS Form 381 1, July 2020 PsN 7530-02-000-9053
Restrlcted Delivery
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Page 341 of 565 ends

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City of San Luis Obispo
Public Works
z5 Prado Road
San
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Page 342 of 565 ends

Streets and Sidewalk Maintenance JOC - AUTHORIZATION
City of San Luis Obispo
Task Order Details
Work Order No. Nearest Address Description
368 Chorro Driveway Replacement
Replacement of Driveway and sidewalk, creating ada compliance.

Description of Project:

Extra Work $ -
$ 23,609.72
$ 3,934.95
Unit Price Work $ 19,321.25
Asphalt Material $ 353.52
Estimated Costs

Page 343 of 565 ends

Item No. Item Description
Unit of
Measure Unit Price
Estimated
Quantity
Estimated
Cost
Actual
Quantity Final Cost
1CCO1 Edge Grind SQFT 10.25 $ $ - $ -
2CCO1 1.75" Thin Maintenance Overlay SQFT 13.33 $ $ - $ - 3CCO1 2” AC Grind & AC Overlay-1/2'' Aggregate SQFT 41.00 $ $ - $ - 4CCO1 6” AC Pavement - Excavation & Restoration SQFT 9.23 $ $ - $ - 5CCO1 10” AC Pavement - Excavation & Restoration SQFT 13.33 $ 50 $ 666.25 $ - 6CCO1 8” PCC with 3” max AC Cap - Excavation & Restoration SQFT 29.73 $ $ - $ - 7CCO1 Class II Aggregate TON 87.13 $ $ - $ -
8CCO1 Trench Backfill Sand TON 76.88 $ $ - $ -
9CCO1 AC Dike - Caltrans A87B LF $ 23.58 $ - $ -
10CCO1 Pavement Reinforcing Fabric SQYD 71.75 $ $ - $ - 11CCO1 Geo Textile Grid SQYD 51.25 $ $ - $ -
12CCO1 Fog Seal SQYD 25.63 $ $ - $ -
13CCO1 Pavement Marking-Caltrans A24 SQFT 18.45 $ $ - $ - 14CCO1 12'' White Line Limit Line LF $ 20.50 $ - $ -
15CCO1 Traffic Stripe-Caltrans A20A Detail 1 LF $ 20.50 $ - $ - 16CCO1 Traffic Stripe - Caltrans A20A Detail 2 LF $ 20.50 $ - $ - 17CCO1 Traffic Stripe - Caltrans A20A Detail 8 LF $ 20.50 $ - $ - 18CCO1 Traffic Stripe - Caltrans A20A Detail 9 LF $ 20.50 $ - $ - 19CCO1 Traffic Stripe - Caltrans A20B Detail 22 LF $ 23.58 $ - $ - 20CCO1 Traffic Stripe - Caltrans A20D Detail 29 LF $ 23.58 $ - $ - 21CCO1 Traffic Stripe - Caltrans A20D Detail 38 LF $ 23.58 $ - $ - 22CCO1 Traffic Stripe - Caltrans A20D Detail 39 LF $ 23.58 $ - $ - 23CCO1 Traffic Stripe - Caltrans A20D Detail 39A LF $ 23.58 $ - $ - 24CCO1 Reflective Pavement Marker-All Types EA 35.88 $ $ - $ - 25CCO1 Hi-Vis-Crosswalk-STD 7350 LF $ 307.50 $ - $ -
26CCO1 Bike Lane Buffer LF $ 30.75 $ - $ -
27CCO1 Green Bike Lane Coating-STD 7360 SQFT $ 51.25 $ - $ - 28CCO1 Remove Traffic Stripe LF $ 15.38 $ - $ -
29CCO1 Remove Pavement Marking SQFT 15.38 $ $ - $ -
30CCO1 Remove & Replace Sidewalk - Std. 4110 (Area Under 60 SQFT) SQFT 71.75 $ 50 3,587.50 $ $ - 31CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - 60 to 180 SQFT) SQFT 61.50 $ $ - $ - 32CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - over 180 SQFT) SQFT 51.25 $ $ - $ - 33CCO1 Remove & Replace Curb and Gutter - Std. 4030 LF $ 92.25 $ - $ - 34CCO1 Remove & Replace Curb Ramp - Std. 4440 SQFT 24.60 $ $ - $ - 35CCO1 Remove & Replace Cross Gutter - Std. 4310 SQFT 205.00 $ $ - $ - 36CCO1 Remove & Replace Driveway Ramp - Std. 2110,2111,2115,2116 SQFT 35.88 $ 180 6,457.50 $ $ - 37CCO1 Mission Style PCC Coloring and Salt Finish SQFT 6.15 $ $ - $ - 38CCO1 Mission Style Tile Installation per Std. 4220 LF $ 71.75 $ - $ - 39CCO1 Single Mission Tile Installation - Std. 4220 EA 82.00 $ $ - $ - 40CCO1 Replace Truncated Domes - Std. 4440 SQFT 71.75 $ $ - $ - 41CCO1 Repaint Curb LF $ 6.15 $ -
42CCO1 Furnish & Install Metal Post - Std. 7210 EA 666.25 $ $ - $ - 43CCO1 Furnish & Install Metal Post - Std. 7215 EA 717.50 $ $ - $ - 44CCO1 Furnish and Install Sign EA 512.50 $ $ - $ -
45CCO1 Reconstruct Guardrail - Caltrans A77A1 LF 512.50 $ $ - $ - 46CCO1 Furnish and Install Tree Well - Std. 8130, 4'x4' EA 5,125.00 $ $ - $ - 47CCO1 Furnish and Install Tree Well - Std. 8130, 5'x5' EA 5,945.00 $ $ - $ - 48CCO1 Furnish and Install Tree Well - Std. 8130, 6'x6' EA 7,175.00 $ $ - $ - 49CCO1 Enlarge Tree Grate Opening EA 256.25 $ $ - $ -
50CCO1 Catch Basin - Std. 3350 EA 15,375.00 $ $ - $ -
51CCO1 Catch Basin - Std. 3355 EA 18,450.00 $ $ - $ -
52CCO1 Catch Basin - Std. 3355A EA 12,300.00 $ $ - $ -
53CCO1 Catch Basin - Std. 3360 EA 18,450.00 $ $ - $ -
54CCO1 Adjust Utility Cover - Std. 6040 EA 768.75 $ $ - $ - 55CCO1 Manhole Frame and Cover Replacement - Std. 6040 EA 2,562.50 $ $ - $ - 56CCO1 Manhole Replacement - Std. 3530 or 6610 EA 13,325.00 $ $ - $ - 57CCO1 Manhole Coating EA 30,750.00 $ $ - $ -
58CCO1 Construct Well / Cleanout - G5 - Std. 6710 EA 1,230.00 $ $ - $ - 59CCO1 Potholing (Depth - 0’ to 4') EA 666.25 $ $ - $ - 60CCO1 Potholing (Depth - 4' to 8') EA 973.75 $ $ - $ - 61CCO1 Potholing (Depth - 8'+) EA 1,332.50 $ $ - $ -
62CCO1 Pipe Excavation & Restoration (Depth - 0’ to 2.5’) LF 205.00 $ $ - $ - 63CCO1 Pipe Excavation & Restoration (Depth - 2.5’ to 8.5’) Shoring Required LF 410.00 $ $ - $ - 64CCO1 Pipe Excavation & Restoration (Depth - 8.5’+) Shoring Required LF 666.25 $ $ - $ - 65CCO1 Traffic Control - Eng. Std. Appendix G – Fig A HR 133.25 $ $ - $ - 66CCO1 Traffic Control - Eng. Std. Appendix G – Fig B HR 256.25 $ $ - $ - 67CCO1 Traffic Control - Eng. Std. Appendix G – Fig C HR 205.00 $ $ - $ - 68CCO1 Traffic Control - Eng. Std. Appendix G – Fig D HR 256.25 $ $ - $ - 69CCO1 Traffic Control - Eng. Std. Appendix G – Fig E HR 153.75 $ $ - $ - 70CCO1 Traffic Control - Eng. Std. Appendix G – Fig F HR 205.00 $ $ - $ - 71CCO1 Traffic Control - Eng. Std. Appendix G – Fig G HR 205.00 $ $ - $ - 72CCO1 Traffic Control - Eng. Std. Appendix G – Fig H HR 153.75 $ $ - $ - 73CCO1 Traffic Control - Eng. Std. Appendix G – Fig I HR 205.00 $ $ - $ - 74CCO1 Traffic Control - Eng. Std. Appendix G – Fig J HR 205.00 $ $ - $ - 75CCO1 Traffic Control - Eng. Std. Appendix G – Fig K HR 169.13 $ $ - $ - 76CCO1 Traffic Control - Eng. Std. Appendix G – Fig L HR 358.75 $ $ - $ - 77CCO1 Traffic Control - Eng. Std. Appendix G – Fig M HR 133.25 $ $ - $ - 78CCO1 Traffic Control - Eng. Std. Appendix G – Fig N HR 256.25 $ $ - $ - 79CCO1 Traffic Control - Eng. Std. Appendix G – Fig O HR 287.00 $ $ - $ - 80CCO1 Traffic Control - Eng. Std. Appendix G – Fig P HR 102.50 $ 48 4,920.00 $ $ - Unit Price Contract Work

Page 344 of 565 ends

81CCO1 Minor Traffic Control HR 76.88 $ 48 3,690.00 $ $ - 82CCO1 Abandon and Grout (E) Sanitary Sewer with Flowable Fill CY 153.75 $ $ - $ - 83CCO1 2" SCH 40 Conduit, 2-Sac Concrete Capped LF $ 61.50 $ - $ - 84CCO1 4" SCH 40 Conduit, 2-Sac Concrete Capped LF $ 66.63 $ - $ - 85CCO1 2" SCH 40 Conduit, City Standard 6035 - Trench Detail LF $ 66.63 $ - $ - 86CCO1 4" SCH 40 Conduit, City Standard 6035 - Trench Detail LF $ 71.75 $ - $ - 87CCO1 Electrical Pull Box, PG&E Type #2 (17"x30"x26") LF 1,025.00 $ $ - $ - 88CCO1
Pexco City Post (EAC Mount), 36'' Height, white w/ 3 Grey retroreflective strips ( or approved equal) LF 256.25 $ $ - $ - 89CCO1
Pexco City Post (EAC Mount), 18'' Height, white w/ 3 Yellow retroreflective strips ( or approved equal) LF 230.63 $ $ - $ - Estimated Cost 19,321.25 $ Actual Cost - $
Estimate
Tons Unit Price Cost 15% Markup Site Total

3.07 100.00 $ $ 307.41 $ 353.52 46.11 $
Estimate Total 353.52 $
Tons Unit Price Cost 15% Markup Ticket Total
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
Actual Total - $
Estimate
Est. No. Location Cost
111 Location X $ -
222 Location Y $ -
$ -
Actual
EW No. Location Cost
111a Location X $ -
222b Location Y $ -
$ -
Install B
Task
Actual
Actual Total
Estimated Total
1234 Plant
1234 Plant
1234 Plant
Asphalt Concrete Material
Extra Work
Ticket Number and Plant
1234 Plant
Install A
Install B
Task
Install A

Page 345 of 565 ends

Task Order - Paving Estimate
Location
Work
Order Address Description
No.

1.75 3.5 Fog Seal Minor
2 A24 A
6 12" White Line B

50.0 10 1 C
PCC/AC 2 D
8 E
9 F
22 G
29 H
38 I
39 J
39A K
Markers L
Crosswalk M
Bike Lane Buffer N
Green Bike Lane Coating O
Remove Traffic Stripe P
Remove Marking

Page 346 of 565 ends

Task Order - Concrete Estimate
Location
Work
Order Address Description
No.

Patches
Total
Length
L1 (ft)
Total
Width
W1 (ft)
Tree Well Length
(Deduction)
L2 (ft)
Tree Well Width
(Deduction)
W2 (ft)
Number of
Tree Wells
Other
(Deduction)
L3 (ft)
Other
(Deduction)
W3 (ft)
Area
(ft2)
Mission
Style
Mission
Style Tile
(ft)
Curb and
Gutter (ft)
Curb Ramp
(SF)
Truncated
Domes (SF)
Cross
Gutter
(SF)
Driveway
Ramp (SF)
Repaint
Curb (ft)
1 368 Chorro Street Driveway Replacement 1 10 5 50.0 180 Replacement Tree Wells 50.0 Regular 180
4' Mission
5'
6'
Enlarge

Page 347 of 565 ends

Metal Sign
Posts and Sign
(EA) Traffic Control Hours Notes Cover Page Description Minor 48
P 48
Minor 48
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P 48

Page 348 of 565 ends

Public Works
tlg?aJiJt Siteet. San Lu;s lDrspo CA]34t1 3218
'4i;-r 73l, 720{)
slOci?y orq
February IO,2025
Christopher and Anne Hodges
302 Cuesta Drive
San Luis Obispo, CA 93401
Subject: Second lnformal Notice to Repair Sidewalk - 368 Chorro St., San Luis Obispo Dear Property owner:

The sidewalk adjacent to your property located at 368 Chorro in the City of San Luis Obispo has been identified as a dangerous condition and must be mitigated. The City's Streets Maintenance Program has made temporary repairs; however, you as the adjacent property owner are responsible for the permanent repairs in compliance with the city's Engineering standards.

The City of San Luis Obispo's Municipal Code identifies the improvements between the street line and property line as being the maintenance responsibility of the adjacent property owner. r San Luis Obispo Municipal Code 12.16.O20 - Property Owner's Responsibility The mointenonce, repair and collection of the cost of repair sholl be governed by the procedure set forth in Division 7, Port 3, Chapter 22 of the Slreets and Highways Code of the stote. (Prior code 5 7330.1-)
public Works Department staff sent you the first lnformal Notice to Correct on 1Ol1612023, with the request to complete the necessary work within 120 days to the satisfaction of the City. After a review of the file and inspection of the property, staff has noted the conditions have not been corrected. you shall obtain an Encroachment Permit no later than a/1/2O25 and complete the repairs within 30 days of this of the permit issuance.

Failure to comply with the above-stated dates will result in the City issuing a formal Notice to Correct and the work being completed by the City's contractor. lt should be noted, if the work is completed by a City contractor, the work is subject to prevailing wage requirements.

A hearing has been added to the 5/20/2025 City Council agenda to seek approvalfor the necessary work and to pursue reimbursement through a specialassessment and lien, should the work not be completed by the above stated date.

Please feel free to contact me with any questions at nstephenson@slocity'org.

Sincerely,
Nehimiah Stephenson
Maintena nce SuPerintendent

Page 349 of 565 ends

Sin ce re ly,
Nehimiah Stephenson
Maintenance SuPerintendent
Public Works DePartment
Attachments: Previous Correspondences, Photos, sidewalk Brochure, Applicable streets and Highways Code

Page 350 of 565 ends

Aleas of less severe damage are completed as the
next priority, working around the City in asysternatic fashion in advance of the paving program. That can nrean the sidewalk will not be
replaced for several years. Damage other thanthat caused by street trees needs to be completed by the propefty owner.

Related to sidewalk repair is clearance and
visibility. When is maintenance required?
. Visibility - When parkway strip shrubbery
interfbres with the abitiry of a driver to see
pedestrians or approaching traffic, either
frorn a driveway or an intersection, trimming
of shrubs must be completed by the property
owner. Shrubs must be trimmed to a
maximurn height of 36", for a minimumdistance of 30' fiom an intersection.(Municipal Code 10.60 and 17.16.020) r Walkway and Gutter Clearance * Trimming
of ground cover or shrubs is required whenthe plants extend onto or over the sidewalk, gutter, or street.
. Parkway Strip Condition - All tree stumps,
large rocks, trash and holes rnust be removed
by the propefty owner. The parkway strip
must be level and holes must be filled and
leveled with dirt or other material.

When is a permit required for landscape
maintenance work?
If the sidewalk or the street must be closed for
the work, a permit is required flom Public
Works. Call (805)781-701 5 for additional
infbrmation. lf a tree is to be removed, a treeremoval permit rnust be obtained' Applications for tree removal are available on the City's website on the Public Works page www.slocit-v.org or call 78 l-1220 for additional information.
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Sidewalk
&
Parkway Strip
Maintenance
Property OwnerResponsibilities
Department of Public Works
805-78 r-1220805-781-701 5
Rev Ll1.lJ

Page 351 of 565 ends

'T'he City receives many requests from citizens to
rnake repairs to sidewalks. This brochure
provides general inforrnation to the public on this
sub-ject.What is the sidewalko parkway, and curb and
gutter? 'fhe sidewalk, parkway strip, and curb & gutter are typically rnade of concrete and located next
to the street on the front and/or side portion of
your propefty. The curb and gutter are located atthe edge of the sheet pavement. The sidewalk iseither separated from the curb by a parkwaystrip, or is located adjacent to the curb.Parkways are sometimes planted or filled in with brick or other rnaterials.

Who is responsible for maintenance?
1'he properfy owner is responsible for properly
rnaintaining this area (see San Luis Obispo
Municipal Code Section 12.16.020 and Streets
and l-lighway Code Division 7, Part 3, Chapter22). This responsibility includes maintenance of darnaged or displaced concrete and abaternent ofweeds or debris. While the City rnay be liable forinjuries to pedestrians that are determined to have resulted from a dangerous condition of a
public sidewalk, propefty owners should beaware that they mav also be found liable if it is determined that their negligence caused someone
to be harmed.When should property owners consider doing sidewalk replacement?
Replacerlent of the sidewalk, curb and gutter
concrete should be considered when one or lnoreof the following exists:r When there is a verlical difference in height between sections of the sidewalk or concrete
parkway strip of 3/4" or more.
r lfthe concrete has broken apar1.r In any instance where the owner has reason to know that the condition presents a danger
to users, ol' the owner has observed someone
trip because of damage to the surface.

In addition to darnaged sections of sidewalk, curb
and gutter replacenrent is typically required whensidewalks and driveways are replaced, unless thesidewalk is separated florr the curb by a parkway. Patching should be completed when
horizontal openings greater than l/2" exist.

Are there inspecfions and standards for
concrete repair work?Yes. all work and materials must be in conformance with the City of San Luis Obispo
Engineering Standards for Public Works
Construction.Before placing any concrete, you must have any tree root renroval approved, and the saw cut,
forms, and base inspected. After approval, a
City-approved concrete mix must be used. The
surface flnish rnust be a light broom finish withscore marks. After the work is completed, youmust call for a final inspeclion.

A perrnit is required for all concrete work in the
public right-of-way. Engineering Standards for
construction are available on the City's web site
on the Public Works page www.slocity.org. For
information on obtaining a pennit call (805)781-
7015.ls the property owner responsible for repairs
if the concrete damage is caused by a tree?
1'he City encourages street trees in front ofresidences" (Municipal Code 12.24.010) The propefiy owner is responsible for the
nraintenance of the street tree but the City willrepair the sidewalk when the concrete has been damaged by a street tree, as funding is available.
and tirrred with the area rotation program.

Concrete damaged by trees other than street trees is the responsibility of the propefty owner.

Maintenance. frimming and replacement of street
trees and shrubs is governed by Chapter

12.24.110. 12.24.120 and 12.24.150 of the
MunicipalCode.

What measures should be taken to minimize
concrete displacement by tree roots?Certain species of trees rnay raise concrete ifpreventative maintenance is not performed. To reduce the chance of futr.rre concrete
displacement, trees can be root-prr-rned. Caremust be taken when root pruning to avoid darnaging underground utilities or destabilizing
or harming the tree. This work must be cornpletedby a licensed arborist. AIso, deep- watering the tree, that is, applying a slow trickle of waterover a 24-hour period, encourages deeper mot growth which reduces the chance of sidewalkdamage.
lf a problem is reported to the City, how long
does it take for a repair?
When a report is made to the City, it is entered
in to the work order program. Subject to the
availability of resources and personnel. the City will atterlpt to review the site within a week of entry of the work order. lf a ternporary repair,such as grinding or ramping the area can bemade, the City will generally attempt to complete that work within two weeks. Severe danragecaused by a street tree, which cannot be repaired adequately, will be reconstructed as soon asresources and available personnel allow.

Page 352 of 565 ends

Public Works
919 Palrn Street. San Luis 0lrispo. CA 93401'321 8
805 781 7200
slocity orq
October t6,2023
Christopher and Anne Hodges
2009 Revocable Trust
302 Cuesta Dr.

San Luis Obispo, CA 93401
Subject: Notice to Correct Sidewalk & Driveway Apron
APN:001-191-003
Dear Property Owne;
The sidewalk and driveway apron adjacent to your property at 368 Chorro St. in the City of San Luis Obispo must be repaired. This is the section of sidewalk at 368 Chorro St., and the neighboring driveway apron at 368 Chorro St. is considered a dangerous condition that must be mitigated. The condition of the concrete has deteriorated so severely that a temporary repair effort by Public Works staff would fail in a very short time and make the sidewalk more of a hazard. This sidewalk was brought to our attention by a citizen complaint.

72.76.020 Property owner's responsibility - City Municipol Code The maintenonce, repoir, ond collection of the cost of repair sholl be governed by the procedure set forth in Division 7, Port 3, Chopter 22 of the Steets ond Highwoys Code of the stqte. (Prior code 5 7s30.1)
The appropriate sections of the Streets and Highway Code are included as an attachment to this letter.

Below are some incrementaltimeframes to complete the work.

Within 30 calendar days of this letter, you must acknowledge receipt of this letter Within 60 calendar days of this letter, you must submit to the City the necessary repair plans for the issuance of an encroachment permit.

Within 90 calendar days of this letter, you must obtain an encroachment permit from the City to complete the necessary repair work.
a
a
a

Page 353 of 565 ends

a Within 120 calendar days of this letter, you must complete the necessary repair work to the satisfaction of the City.

Sincerely,
Aaron Anderson
Acti ng Streets Ma intena nce Su pervisor
a a nde rso (oslocitv.o rs 805-7 8I-4043
Attachments
1'. Attachment L - Streets and Highway Code - Division 7, Part 3, Chapter 22, Arlicle 2

2. Photos

3. Sidewalk & Parkway Strip Maintenance brochure

Page 354 of 565 ends

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 L0 inches in size, to be posted in a conspicuous place on the property. ln 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 L0 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. 5514. The notice shall oarticul rlv soecifv what work is reouired to be done, and how it is to be done. and what materials shall he rrsed in the reoair and shall fr rrf hp rsnecifu that if the renair nnt rnmmpnrpd within two weeks after ice is siven and dilisentlv and without interruotion secuted to comoletion. the suoerintendent of shall make such reoair. and the cost of the me shall be a lien on the propertv.
5514.1. 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. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, 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. lf 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 rollof 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. lf bonds are to be issued, the notice shall also contain the information required by Section 561,4.L,
56t7. 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.

Page 355 of 565 ends

5618. Upon the day and hour fixed for the hearing the legislative body shall hedr 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.

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Page 360 of 565 ends

From:

Sent:

To:

Subject:

Attachments:

Collins, Andrew
Tuesday, April 1 6,2024 2:53 PM
[email protected]
FW: 368 Chorro St
Lincoln at Chorro.pdf
Greetings Mr. Rourke,
I have been asked to provide you with the requested clarifications regarding your 3114124 email (below) A question-and-answer format will be used to facilitate a response. e: The section you cited (12.16.020)does not mention driveway replacement, only curb gutter and sidewalkA: The referenced municipal code (1216.020) does not mention driveway replacement, or curb, or gutter.

It simply states that the City of SLO has adopted the State's Streets and Highways Code for maintenance' repair, and collection of costs of such appurtenances.

12.16.020 PropertYowner's qe-g n
resPonsibility.

The maintena nce, repair and collection of the cost o{ repair shall be governed by the procedure set forth in Division 7 , Parl3, Chapler 22 ot lhe Streets and Code of the state lRrior code E 7330.11
e: Ihe streets and highwoy code you cite only mentions sidewolks. I don't see dny authority to require the driveway replacement, con you Provide that?
A: There appears to be a misunderstanding on this topic. Having reviewed the Notice of Correction sent to the property owner dated October 16,2023, there is no mention of driveway replacement' The Noiice of Correction reads; "The sidewotk and drivewoy opron adjacent to your property ot 368 Chorro St. in the City of Son Luis Obispo must be repoired.

This is the section of sidewotk ot 368 Chorro St., ond the neighboring driveway apron ot 368 Chorro St. is considered a dangerous c.ondition that must be mitigoted."
It is the driveway apron as an integral part of the "sidewalk area" that has been found deficient, not the driveway proper behind the line of the designated sidewalk area.

The driveway apron as being integral to the "sidewalk area" is clarified in City municipal code 12.16.010, in both paragraphs 3 and 7 which state:

Page 361 of 565 ends

12.16.010 Definitions. qe-9, D
A As used in flrrs chapter" unless it is plainly evident frorn the context ttwreof that a diffen€filrneanrirq s inlenrjed, the following teens shall have the nreaning specifrcd after each wurd
1l "CltV.means #Te crty o{ San l_uis Obispc, Gafufornna. 2 "Cutbllne'' means tlre top of the verllcal face of the curb

3. "Drivewaf means afiy appwJach to or from the street over and upon the curb, gutt-er or sideuvalk areal.o permrtvehicular trafiic into the abulting property
4 "Director" means the public works director or his or her aulhorized represenlalive,

5. .Ownef
means any person, firm or corporation, or lhe agent or
representatle of any person, firm or corporation, in which is vested the tifle to any parcel o{ real praperty posted under the ordinance codifred in this chapter 6 'Repair'means and includes the construclion, reconstruction, reparr, replacement, restoration or improvemenl of any sidewalk area

7. "sidewalk area' means end includes a park or parkirg stnp maintained in the area between the property line and the curbline and also includes a driveway, curbing, bulkhead, retaining wall, sidewalk or other works for the protection of any sidewalk or walkway or any such park or parking strip located in any public street, way or thoroughfare within the city.

Q: lhe sidewalk while cracked seems very flot and unlikely to cause any more dangerous conditions than most of the sidewalk in the neighborhood.

A: While I have not been on site with a ruler to measure the deviations, the images from the notice of correction show significant structural damage with missing pieces of concrete with past attempts at patching.

Staff are generally looking fordeviations of more lhanY+of anO inch in height, or obvious structural issues,-or any conditions that may cause a trip hazard.

Judging by the image alone, it appears to show past patching attempts, significant structural damage, and void areas that create deviations in elevations that could pose a trip hazard. 2

Page 362 of 565 ends

Q'. How does the city fix sidewalks?
A: This has two main answers.

1. ln cases where the sidewalk fronts city owned property, or, the sidewalk damage was caused by a city owned street tree.

For minor construction, city employees will attempt a temporary grind, patch, ramp of the area. lf additional work is required, city staff will use industry standards to remove and install new right of way appurtenances.

For major construction, the city will often work with qualified contractors, in conjunction with engineering inspectors and plan-sets to complete right of way repairs.

2. ln cases where the sidewalk fronts private/commercial property and the sidewalk damage is not caused by a city owned street tree.

The city will often attempt minor repairs through grind/patch/ramp approach.

The city will also review pending projects to see if any large projects are planned for the area that might affect any noted existing deviation.

The final option is to send notice of corrections to alert the property owner of their legal obligation regarding the topic area(s).

Q. why does it feet efforts here would be less effective than in other places? A: My apologies. I don't quite understand the question.

It apfears the general area was the topic of a citizen's complaint, with a resulting city inspection, and resulting correction notices.

Q: Can you provide a copy of the citizens comploint?
A: Yes. A redacted version is attached.

I hope this answers your questions and provides you with the information sought. lf you have any questions please feel free to contact me.

Thank you.
3

Page 363 of 565 ends

Andrew Collins
Accessibility and Process lmprovement Manager
CTTYOF
sml{jfisonrspo
Public Works
919 Palm Street. San Luis Obispo, CA 93401 -3218
E acollins@slocity. org
T 805.781 7A14
slocity.org (orl(}xm
Stay connected with the City by signing up for e-notifications From: lohn Rourke <rourkefam smail.com>
Sent: Thursday, March 1,4,2024 8:38 pM
To: Anderson, Aaron <[email protected]>; [email protected] [email protected] Subject: 368 Chorro St
HiAaron,
Anne and Chris asked me to reach out regarding the improvements you requested to the property. The section you cited (12.16.020)does not mention driveway replacement, only curb gutterand sidewalk. The streets and highway code you cite only mentions sidewalks. I don't see any authority to require the driveway replacement, can you provide that? The sidewalk while cracked seems very flat and unlikely to cause any more dangerous conditions than most of the sidewalk in the neighborhood. How does the city fix sidewalks? Why does it feelefforts here would be less effective than in other places? Can you provide a copy of the citizens complaint? Tha n ks
John
4

Page 364 of 565 ends

B.
r Print your name and address on the reverse
so that we can return the card to you.
r Attach this card to the back of the mailpiece,
items 1,2, and 3.
or on the front if space

1. Article Addressed to:

ChrrsloPYr?r ond rnne 'Hocrqp3
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SENDER: COMPL;'T.E THIS SECTION COMPLETE THIS SECTION ON DELIVERY A. Signature
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C. Date of
D. ls delivery address item 1?
lf YES, enter delivery address below: E No

3. ServiceType
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E R€gistered Mall Restriqted: Delivery - )..r '
E Signature ConfirmationTtT
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Restricted Delivery 2- ArlicleNumber from service label) 7E1q eeg0 Il0Bu lqt 3 ?3?3
I' PS Form 381 1, .tuty zo20 psN 7s30-02-o0o-e053 Page 365 of 565 lllllilrltiltlffi
USPS TRACKING#
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Page 366 of 565 ends

From: Collins, Andrew
To: [email protected]
Subject: FW: 368 Chorro St
Date: Tuesday, April 16, 2024 2:53:03 PM
Attachments: image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image008.png
image009.png
Lincoln at Chorro.pdf
Greetings Mr. Rourke,
I have been asked to provide you with the requested clarifications regarding your 3/14/24 email (below).

A question-and-answer format will be used to facilitate a response.

Q: The section you cited (12.16.020) does not mention driveway replacement, only curb gutter and sidewalk.

A: The referenced municipal code (12.16.020) does not mention driveway replacement, or curb, or gutter.

It simply states that the City of SLO has adopted the State’s Streets and Highways Code for maintenance, repair, and collection of costs of such appurtenances.

Q: The streets and highway code you cite only mentions sidewalks. I don't see any authority to require the driveway replacement, can you provide that? A: There appears to be a misunderstanding on this topic. Having reviewed the Notice of Correction sent to the property owner dated October 16, 2023, there is no mention of driveway replacement.

The Notice of Correction reads; “The sidewalk and driveway apron adjacent to your property at 368 Chorro St. in the City of San Luis Obispo must be repaired.

This is the section of sidewalk at 368 Chorro St., and the neighboring driveway apron at 368 Chorro St. is considered a dangerous condition that must be mitigated.” It is the driveway apron as an integral part of the “sidewalk area” that has been found deficient, not the driveway proper behind the line of the designated sidewalk area.

The driveway apron as being integral to the “sidewalk area” is clarified in City municipal code 12.16.010, in both paragraphs 3 and 7 which state:

Page 367 of 565 ends

Q: The sidewalk while cracked seems very flat and unlikely to cause any more dangerous conditions than most of the sidewalk in the neighborhood.

Staff are generally looking for deviations of more than ¾ of and inch in height, or obvious structural issues, or any conditions that may cause a trip hazard.

Judging by the image alone, it appears to show past patching attempts, significant structural damage, and void areas that create deviations in elevations that could pose a trip hazard.

Page 368 of 565 ends

Q: How does the city fix sidewalks?
A: This has two main answers.

1. In cases where the sidewalk fronts city owned property, or, the sidewalk damage was caused by a city owned street tree.

For minor construction, city employees will attempt a temporary grind, patch, ramp of the area.

If additional work is required, city staff will use industry standards to remove and install new right of way appurtenances.

For major construction, the city will often work with qualified contractors, in conjunction with engineering inspectors and plan-sets to complete right of way repairs.

2. In cases where the sidewalk fronts private/commercial property and the sidewalk damage is not caused by a city owned street tree.

The city will often attempt minor repairs through grind/patch/ramp approach.

The city will also review pending projects to see if any large projects are planned for the area that might affect any noted existing deviation.

The final option is to send notice of corrections to alert the property owner of their legal obligation regarding the topic area(s).

Q: Why does it feel efforts here would be less effective than in other places? A: My apologies. I don’t quite understand the question.

It appears the general area was the topic of a citizen’s complaint, with a resulting city inspection, and resulting correction notices.

Q: Can you provide a copy of the citizens complaint?
A: Yes. A redacted version is attached.

Page 369 of 565 ends

I hope this answers your questions and provides you with the information sought.

If you have any questions please feel free to contact me.

Thank you.

Andrew Collins
Accessibility and Process Improvement Manager
City of San Luis Obispo
Public Works
919 Palm Street, San Luis Obispo, CA 93401-3218
E [email protected]
T 805.781.7014
slocity.org
Stay connected with the City by signing up for e-notifications From: John Rourke <[email protected]>
Sent: Thursday, March 14, 2024 8:38 PM
To: Anderson, Aaron <[email protected]>; [email protected]; [email protected] Subject: 368 Chorro St
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.

Hi Aaron,
Anne and Chris asked me to reach out regarding the improvements you requested to the property.

The section you cited (12.16.020) does not mention driveway replacement, only curb gutter and sidewalk. The streets and highway code you cite only mentions sidewalks. I don't see any authority to require the driveway replacement, can you provide that? The sidewalk while cracked seems very flat and unlikely to cause any more dangerous conditions than most of the sidewalk in the neighborhood. How does the city fix sidewalks? Why does it feel efforts here would be less effective than in other places? Can you provide a copy of the citizens complaint? Thanks
John

Page 370 of 565 ends

Public Works Department
919 Palm St. Specification Number: 1000199
San Luis Obispo, CA Task Order No:
93401-3218
Contractor Name: R. Burke Corp
Contact: Robert Burke
Task Order Completion Date: Address: PO Box 3810
Task Order Authorization Amount: $ 51,538 City, State Zip San Luis Obispo, CA 93401 Phone: 805-546-8288
Location
1 *Total
*For cost in excess of $60,000 attach City Manager Report approving purchase Contractor Signature Date
Extra Work
Work Performed
$ -
$ -
$ -
Streets and Sidewalk Maintenance JOC - PAYMENT
City of San Luis Obispo
Task Order Details
Vender
160768
$ -
Unit Price Work
Asphalt Material
Work Order No. Nearest Address Description
3195 South Higuera Sidewalk Repair
Amount
$ -

Page 371 of 565 ends

Public Works
919 Palr':r Stiest. San Luis tbispO CA934i)1 1?19
8A5781 7204
$hlcil/ iirq
February 1O,2025

MADDALENA ROLAND
1329 Broad Street
San Luis ObisPo, CA 93401
subject: second lnformal Notice to Repair sidewalk - 3195 South Higuera, san Luis obispo Dear Property Owner:

The sidewalk adjacent to your property located at 3195 South Higuera in the city of san Luis obispo has been identified as a dangerous condition and must be mitigated. The City's Streets Maintenance program has made temporary repairs; however, you as the adjacent property owner are responsible forthe permanent repairs in compliance with the City's Engineering Standards' The city of san Luis obispo's Municipal code identifies the improvements between the street line and property line as being the maintenance responsibility of the adjacent property owner' r san Luis obispo Municipal code 12.16.020 - Property owner's Responsibility The maintenonce, repoir ond collection of the cost of repair sholt be governed by the procedure set forth in Division 7, Part 3, Chopter 22 of the Streets and Highwoys Code of the stote' (Prior code I 7330.1)
public works Department staff sent you several notices on IO/6/2021" 3/712022' 212L/2023' and 7 /I5/2l24,with the request to complete the necessary work within 120 days to the satisfaction of the city. Your Attorney has also been in contact with staff to acknowledge the notices and requirement but has not submitted the necessary documents as he verbally committed to' After a review of the file and inspection of the property, staff has noted the conditions have not been corrected.
you shall obtain an Encroachment Permit no later than 4lLl2O25 and complete the repairs within 30 days of this of the permit issuance'
Failure to comply with the above-stated dates will result in the city issuing a formal Notice to correct and the work being completed by the city's contractor. lt should be noted, if the work is completed by a city contractor, the work is subject to prevailing wage requirements' A hearing has been added to the 5l2O/2O25 City Council agenda to seek approvalfor the necessary work and to pursue reimbursement through a special assessment and lien, should the work not be completed by the above stated date.

Please feel free to contact me with any questions at nstephenson@slocity'org'

Page 372 of 565 ends

Since re ly,
Nehimiah Stephenson
Maintenance SuPerintendent
Public Works DePartment
Attachments. previous Correspondences, Photos, Sidewalk Brochure, Applicable Streets and Highways Code

Page 373 of 565 ends

Areas of'less severe datnage are cornpleted as the
next priority" working around the Ciity in asysternatic f ashiorr in advatrce of the pavingprograrn. 'l'hat can nrean the sidewalk will not be replaced fbr several years. Damage other thanthat caused by street trees treeds tcl be completedby the property owner.

Related to sidewalk repair is clearance and
visibilitv. When is maintenance required?
. Visibility When parkway strip shrubbery
interlbres with the ability of a driver to see
pedestrians or approaching traffic, either
tionr a drivcway or an intersection, trirnrning
ol'shrubs rnust be cornpleted by the property
owne r. Shrubs nrust be trimrned to arlaximurrr height of 36", fbr a rrrinintunrdistarrce cll' 30' fiorn an intersection.(Municipal Cocle 10.60 and 11.16.020) . Walkway and Gutter Clearance - 'Irimrning
of'grouncl cover or slrrubs is required when
the plants extend onto or over the sidewalk,gutter, or street. . Parkway Strip Condition - All tree stLrmps,
large rocks. trash and holes rnust be removed
by the propefty owner. 'Ihe parkway stripniust ire level arrd holes must be fllled and levelecl with dirt or otlrer nraterial.

When is a permit required for landscapemaintenance work? l1'the sidewalk or the street mLlst be clttsed for
the work, a permit is required fiorn Public
Works. Call (805)781-701 5 lor additional
infbrmation. If a tree is to be removed. a treerernoval permit tnust be obtained Applications firr tree renroval are available on the City's web
site on the Public Works page www.slocitv.orgor call 78 l -1220 lbr additiorral infbrrrration. (, fJ r-l Nu-l
- -E'/c.an6OA\)P= ^-No-o
_ 'd *=.
o@
rO.

P;\o tl u)o
A CrrvoF
sflnl,(IlsonrsPo
Sidewalk
&
Parkway Strip
Maintenance
Properly Owner
Responsibilities
Department of Public Works
805-78l-1220
805-781-7015

Page 374 of 565 ends

I'he City rcceivcs rnany requests fiorn citiz.ens to
rlake repairs to sidewalks. Th is broclrureprovides general informatior.r to the public on this sLrblect.What is the sidewalk, parkway, and curh and
gutter?
I lre sidewalk, parkway strip, and curb & gr-rtter
are typically rrrade ot'concrete arrd located next
to the street on the frorrt andlor side portion of
your property. 'l'he curb and gutter are located at
the edge of the street pavement. The sidewalk is
cither separated frorn the curb by a parkwaystrip. or is located adjacerrt to the curb.

Parkways are sornetir.nes planted or filled in with
brick or other rnaterials.Who is responsible for maintenance? 'l'he property owner is responsible for properly nraintaining this area (see San l,uis Obispo
MLrn icipal Code Section I 2. I 6.020 and Streets
and Ilighway C'ode Division 7. Part 3, Chapter22). I-his responsibility inclr-rdes tnaintenance ol'ciairiaged or displaced concrete and abaternent otweeds or debris. While the City rnay be liable ftrrinjLrrics to pedestrians that are deterrnined to have resulted fiom a dangerous condition of apublic sidewalk, propefty owners should be awale thal they r.nay also be fbund liable if it is
cicternrined that their negligerrce caused sonteoneto be harmcd.

When should property owners consider doing
sidewalk replacement?
l{eplaccnrent ol' the sidewalk. curb and gr-rtter
concrele slrould be considered when one or lrloreo1' the firl lowiltg exists : . When there is a vertical ditl'erence in heiglrt between sectiorrs of the sidewalk or corrcreteparkway strip o{'3l4" or rlore. r I1'the concrete has broken apar1.r In any instance where t.he clwner has reason to know that the condition presents a clarrger
to users. or the owner has observed someonetrip becaLrse of'darnagc to the surface. ln addition to darrraged sections of sidewalk, curb
and gutter replacernent is typically requiled wherr
sidewalks and driveways are replaced, unless thesidewalk is separated fiom the curb by a parkway. Palchirrg should be cornpleted whenhorizontal openings grcatcr than l/2" exist.What are the options available lbr completing the work? 'l'he City recclrnrnerrds construction of' cLrrbs, gLrtters, and sidewalks in City streets beperfbrrled by a properly licensed and insr.rred contractor. A perrnit is recluired tirr concrete
repair. Call (80-5)781-7015 for permit
req u irenrents.Are there inspections and standards for concrete repair work?
Yes, all work and materials mLlsl be irr
confirrrnance with the Ciity of'San l.uis Obispo
I;ngirreering Stanclards for Public Wori<s
Construction.

Before placing arry concrete. you musl have any
tree root renroval approvecl. and the saw cLlt,
lbrrns, and base inspected. A fier approval. a
City-approved concrete rnix rrrust be used. l'he
surface flrrish rnust bc a light broonr flnish withscore rrarks. After the work is corlpleted, yoLr must cali ftrr a linal inspection.

A perrnit is recluired tilr all concrete work in thepublic right-of-way. Engineering Standards lor construction are available on the City's web site
on the PLrblic Wclrks page www.slocity.org. For
inforrlation orr obtaining a perrlit call (805)78 l701-5.ls the property owner responsible for repairs if the concrefe damage is caused by a tree?
'l'he City elrcoLrrages street trees in fiont ol'
residences. (MLrnicipal C'ode lr2.24 010) 'l'he
property owner is responsible fbr thelrairrtenarrce of the street tree but the City will repair the sidewalk when the concrete has been
damaged by a street tree, as funding is available.
ancl tinred with the area rotatiorr program.

Concrete darnaged by trees other than streel trees is the responsibility of the propefty owner.

Maintenance, trirrrrning and replacernent of' street
trees anci slrrLrbs is governed by Chapter

12.24.110, 12.24.120 and 12.24150 ot' the
Municipal Code.

What measures should be taken to minimize
concrete displacement by tree roots?Clerlain species ol- trees rnay raise concrete i1'preventative rnaintenance is not perforrned. 'foreduce the chance ol' firtr-rre concrete displar:errerrt, trees can be root-prLrned. (-are
must be taken when root pruninB to avoicl
danraging underground utilities ur clestabilizingor harnrirrg the tree. 'l'his work mr"rst be corlpleteclby a licensed arborist. Also. deep- watering tlre tree, that is, applying a slow trickle of watcr
over a 24-hour period, encourages deeper rootgrclwth which reduces the clrance o1' sidewalkdanrage. lf a protrlem is reported ," 11rs City, how long
does it take for a repair?
When a report is nrade to the City, it is errtereciin to the work order program. Sub.ject to the availability o1' resources and personncl. the Citywill attenrpt to review the site within a week of. entry o1'the work order. If a terlporary repair.suclr as grinding or ranrping the area can be rnade, the City will generally attentpt to cornplete
that work witlrin two weeks. Severe danragecaused by a streel trce, which cannot bc rcpaircdaclcqLrately. will be leconstructed as soolt asresources ancl available persorrnel allow.

Page 375 of 565 ends

Public Works
919 Pahr Skeel. San Lurs Ollispo. CA 33401 3218
805 781 7200
slociry orq
October 6,202L
Maddalena Roland
C Exemption Trust
L329 Broad St, San Luis Obispo CA
93401
Subject: lnformal Notice to Repair Sidewalk - 3195 S Higuera Dear Property Owner:

The sidewalk adjacent to your property located at 3195 S Higuera 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, and the City is requiring you to complete the permanent repairs.

L2.L6.020 Property owner's responsibility - City Municipol Code

Page 376 of 565 ends

The maintenqnce, repair and collection of the cost of repair shall be governed by the procedure set forth in Division 7, Part 3, Chopter 22 of the Streets and Highwoys Code of the state. (Prior code 5 7330.L)
The appropriate sections of the Streets and Highway Code are included as an attachment to this letter. Below are some incremental timeframes to complete the work.

Within 30 calendars days of this letter, you must acknowledge receipt of this letter or by emailing [email protected]
Within 60 calendar days of this letter, you must submit to the City the necessary repair plans for issuance of encroachment permit.

Within 90 calendar days of this letter, you must obtain an encroachment permit from the City to complete the necessary repair work.

Within 120 calendar days of this letter you must complete the necessary repair work to the satisfaction of the City.

This repair work can be costly, if you prefer to propose alternate timeframes for consideration please submit those in writing to me within 30 calendar days of this letter. Failure to comply with this request, could lead to formal Notices to Correct being issued with accelerated repair timeframes as required by the Streets and Highways Code.

Sincerely,
Jeff Kline
Streets Maintena nce Supervisor
Attachments:

1. Attachment 1 - Streets and Highway Code - Division 7, ParI3, Chapter 22, Arlicle 2

2. Sidewalk & Parkway Strip Maintenance, Property Owner Responsibilities. a
a
a
a

Page 377 of 565 ends

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 anv 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 anv sidewalk in such condition that the sidewalk will not endanger persons or propertv 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 anv portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger persons or propertv or in condition to interfere with the public convenience in the use of such sidewalk, the superintendent of streets shall notifv the owner or person in possession of the propertv 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. ln 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 particularlv specifv 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 specifv that if the repair is not commenced within two weeks after notice is siven and dilieentlv and without interruotion prosecuted to completion. the superintendent of streets shall make such repair. and the cost of the same shall be a lien on the propertv.
56L4.t. 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. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, 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.

Page 378 of 565 ends

5515. lf 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.
5516. 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. lf bonds are to be issued, the notice shall also contain the information required by Section 561.4.1..
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 Ievied 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. 5518. 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.

Page 379 of 565 ends

Public Works
919 Palm Stre€|, SaO Lurs Obisp0. CA 93401-3218
805 781.7200
slocity org
March 7,2022
Maddalena Roland
C Exemption Trust
1329 Broad St, San Luis Obispo CA
93401
Subject: Notice to Correct Sidewalk adjacent to 3195 South Higuera Dear Property Owner:

On October 6,2021, the City sent you an lnformal Notice to Repair the Sidewalk adjacent to your property at 3195 South Higuera, please see the enclosed letter for reference. As of the date of this letter, the City has not received the requested repair plan which is necessary to issue an encroachment permit.

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 fhe Sfreefs and Highways Code of the state. (Prior code $ 7330.1)
This sidewalk is considered a dangerous condition and must be mitigated. Please submit the necessary documents to the Public Works Department no later than April 8,2022, to obtain an Encroachment Permit for the required repairs. Failure to comply with this request, could lead to the City facilitating the repairs through its Job Order Contract (JOC) and invoicing the property owner for the cost of the repairs. Failure to pay for the repair cost would result in a lien being assessed to the property in accordance with the Streets and Highways Code. lf the City completes the repairs through the JOC, it shall be noted the total cost of the repairs will include prevailing wage requirements set forth by the Department of lndustrial Relations.

I look fonruard to working with you to resolve this dangerous condition. lf you have any questions, please feel free to contact me at [email protected].

Page 380 of 565 ends

Sincerely,
Jeff Kline
Streets Maintenance Supervisor
Cc:

Public Works Administration
City Attorney's Office
Attachments:
1 2
3 4
Previous Correspondences (October 6, 2Q21)
Sidewalk Photos
Attachment 1 - Streets and Highway Code - Division 7, Pari 3, Chapter 22 sidewalk & Parkway strip Maintenance, Property owner Responsibilities.

Page 381 of 565 ends

3195 South Higuera - Sidewalk photos

Page 382 of 565 ends

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 anv 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 anv sidewalk in that the sid lk wi and maintain it in n
rerh inh will not inte h f ha nr rhlin nnnrranio^-o 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 anv portion of the sidewalk is out of ir or pendins reconstruction and in condition to endaneer oersons or rooertv or in co ndition to interfere with the ouh c convenience in the use of such sidewalk. the srr rintendent of streets shall notifv the owner or n in oossession of the nrnnortv frnntinc nn lhr* nnrfin n of such tk cn nr rt nf ronrir tn ranair tho cie{a.^rrll, 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. ln 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 particularlv specifv what work is required to be done, and how it is to be done, and what materials shall be used in the reoair and shall further specifv that if the repair is not commenced within two weeks after notice is siven and dilisentlv and without interruotion nrncoar rlael fn an m h
letion the CI NA nnionrlanf nf ciraatc chrll mrlu a c, teh re narr and the rncf nf fha Same shall be a lien on the propertv
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. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed sixyears, and shallfurther recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually.

Page 383 of 565 ends

5515. lf 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. lf 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.

Page 384 of 565 ends

STREETS AND HIGHWAYS CODE - SHC
DtvtstoN 7. THE |MzRoVEMENT ACT OF 1911 [5000 - 6794]
( Division 7 added by Stats. 1941, Ch.79. )
PART 3. PERFORMTNG THE WORK [5100 - 5954]
( Part 3 added by Stats. 1941, Ch. 79. )
CHAPTER 22. Maintenance of Sidewalks [5G00 - S6J0]
( Chapter 22 added by Stats.1941, Ch.79. )
ARTICLE 3. Gollection of Cost of Repair [5625 - 5630]
( Article 3 added by Stats. 1941, Ch.79. )
s625.

The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form:

NOTICE OF LIEN
Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the day of _, 19_, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls, or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the legislative body of said city (county, or city and county) did, on the _ day of -t
19-, by Resolution No.
-
assess the cost of such repair upon the real
property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of _ dollars ($_), and the same shall be a lien upon said real property until the said sum, with interest at the rate of _ percent per annum, from the said day of _, 19_ (insert date of confirmation of assessment), has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the county of _, state of _, and particularly described as follows:

Descri
Dated this _ day of _r 19_
ion of e

Page 385 of 565 ends

Superintendent of Streets
(Amended by Stats. L986, Ch. 507, Sec. 1..)
s627
From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien, If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under this division.
(Added by stats. 1941, ch. 79.)
562B.

As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, ffiEY order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If city taxes are collected by the county officials, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization.
(Added by Stats. 1941, Ch. 79.)
5628.L
The legislative body shall have the power, in its discretion, to determine that the payment of assessments of one hundred dollars ($100) or more may be made in annual installments, not to exceed five, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body, not to exceed the rate permitted for bonds by Section 53531 of the Government Code. Interest shall begin to run on the 31st day afterthe confirmation of the assessments by the legislative body, Determinations of the legislative body shall be expressed by resolution at any time prior to the confirmation of the assessments.
(Amended by Stats. 1986, Ch. 507, Sec. 2.)

Page 386 of 565 ends

5629.

If bonds are to be issued to represent the security of the unpaid assessments, upon confirmation of the report by the legislative body the superintendent of streets shall give notice to pay by mail and by publication substantially in the manner provided by Sections 4320 and 4321 of this code. The period for payment in cash stated therein shall be 30 days following the date of confirmation of the report. Upon completion of the cash payment period, the superintendent of streets shall file with the county recorder a certificate substantially in the form set out in Section 5626, giving notice therein that interest is payable at a rate to be fixed upon the sale of bonds, which rate shall not exceed the rate permitted for bonds by Section 53531 of the Government Code, and shall begin to run on the 31st day afterthe confirmation of the report. Thereafter the provisions of Part 5 (commencing with Section 6400) shall be applicable and payments on assessments at bond shall be made as therein provided. The bonds may be issued and sold as the legislative body directs and may be dated at any time after the expiration of the cash payment period,
(Amended by Stats. 1986, Ch. 507, Sec. 3.)
5630
Whenever the property fronting on a sidewalk required to be maintained and repaired pursuant to the provisions of this chapter lies within one city or unincorporated territory of a county, and the sidewalk required to be so maintained and repaired lies within another city or unincorporated territory of a county, the superintendent of streets of the city or county having jurisdiction over the sidewalk shall have full authority to serve notices to repair and do all work contemplated by Articles 2 and 3 of this chapter, notwithstanding the fact that the property fronting on the sidewalk lies within another city or unincorporated territory of a county. The legislative body of the city or county within which the sidewalk has been repaired pursuant to the provisions of this chapter shall have jurisdiction to levy an assessment to pay the cost of any such sidewalk repairs against the parcel of property fronting on said sidewalk, notwithstanding the fact that said property lies within another city or unincorporated territory of a county and said assessment shall be a lien on said property for the amount thereof until the assessment and all interest thereon is paid or until it is discharged of record.

Page 387 of 565 ends

The provisions of Sections 5628 and 5629 of this code shall be applicable to the collection and enforcement of all liens levied pursuant to the provisions of this section and the amount so collected shall be paid to the treasurer of the city or county as the case may be which conducted the proceedings. (Added by Stats. L945, Ch. 541.)

Page 388 of 565 ends

Page 389 of 565 ends

Public Works
919 Palm Street, San luis 0bispo. CA 93401'3218
805 781 7200
slocity org
February 21,2023
Maddalena Roland
C Exemption Trust
1329 Broad St, San Luis Obispo CA
93401
Subject: Third Notice to Correct Sidewalk adjacent to 3195 South Higuera Dear Property Owner:

On October 6,2021, the City sent an lnformal Notice to Repair the Sidewalk adjacent to your property at 3195 South Higuera. A second notice of correction was sent on March 7th Please see the enclosed letter for reference. As of the date of this current letter, the City has not received the requested repair plan which is necessary to issue an encroachment permit.

As detailed in previous communications, to mitigate the identified hazard the City will begin the process of repairing the surface structures under the job order contract program. The cost of which will be prevailing wage and all materials to repair the surface structures. ln the eventuality that the total cost of repair to the detailed surface structures is not reimbursed to the city by the property owner, city staff will proceed to City Council in September of 2022 for the purpose of filing a lien against the property as detailed in streets and highway code, division 7, chapter 22, sections 5510 - 5618 as detailed in full in the following sections of this letter.

Page 390 of 565 ends

I look fonruard to working with you to resolve this dangerous condition. lf you have any questions, please feel free to contact me at [email protected].

Sincerely,
Jeff Kline
Streets Maintenance Supervisor
Cc:

Public Works Administration
City Attorney's Office
Attachments:
1 . Previous Correspondences (October 6,2021)

2. Sidewalk Photos

3. Attachment 1 - streets and Highway code - Division 7, part3, chapter 22 4. Sidewalk & Parkway Strip Maintenance, Property Owner Responsibilities. 3L95 South Higuera - Sidewalk photos

Page 391 of 565 ends

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
5510. The owners of lots oortions of lots frontins on anv n of a oublic 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 anv sidewalk in such condition that the lk will not endanser oersons or orooertv and maintain it in a condition which will not interfere h the oublic 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 anv portion of the sidewalk is out of repair or pending reconstruction and in condition ns or ro the ublic
of such sidewalk, the superintendent of streets shall notifv the owner or person in possession of the propertv fronting on that portion of such sidewalk so out of repair. to repair the sidewalk. 5512. 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. ln 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.
56t4. ice shall rtic red to be don
and what materials shall be used in the repair and shall further specifv that if the repair is not tn weeks after and witho
w
n su ntendent tr and the
same shall be a lien on the propertv.
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. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, 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.

Page 392 of 565 ends

5615. lf 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.
5615. 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. lf bonds are to be issued, the notice shall also contain the information required by Section 5614.1.
5517. 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. 5518. 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.

Page 393 of 565 ends

STREETS AND HIGHWAYS CODE . SHC
DtvtstoN 7. THE TMPROVEMENT ACT OF 1911 [5000 - 67941
( Division 7 added by Stats. 1941, Ch. 79. )
PART 3. PERFORMTNG THE WORK [5100 - 5954]
( Part 3 added by Stats. 1941, Ch. 79. )
CHAPTER 22. Maintenance of Sidewalks [5600 - 5630]
( Chapter 22 added by Stats. 1-941, Ch. 79. )
ARTICLE 3. Gollection of Cost of Repair [5625 - 5630]
( Article 3 added by Stats. 1941, Ch. 79. )
s62S
The cost of the repair may be assessed by the legislative body against the parcel of property fronting upon the sidewalk upon which such repair was made, and such cost so assessed, if not paid within five days after its confirmation by the legislative body, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record,
(Added by stats. 1941, ch. 79.)
s626.

The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form:

NOTICE OF LIEN
Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the day of
-r
20-, cause the sidewalk, curb, or park or parking
strip, bulkheads, retaining walls, or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the legislative body of said city (county, or city and county) did, on the -
day of
_r 2O_, by Resolution No. _ assess the cost of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of
-
dollars ($-), and the same shall be
a lien upon said real property until the said sum, with interest at the rate of -
percent per annum, from the said day of
-t
20- (insert date of
confirmation of assessment), has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the county of _, State of
-,
and particularly described as
follows:

Descri
Dated this _ day of
-,
2O-.
ion of ro

Page 394 of 565 ends

Su perintendent of Streets
(Amended by Stats. 1986, Ch. 507, Sec. 1.)
5627
From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under this division.
(Added by stats. 1941, Ch. 79.)
s628.

As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, ffidy order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If city taxes are collected by the county officials, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization.
(Added by Stats. 1941, Ch. 79.)
5628.1.

The legislative body shall have the power, in its discretion, to determine that the payment of assessments of one hundred dollars ($100) or more may be made in annual installments, not to exceed five, and that the payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the legislative body, not to exceed the rate permitted for bonds by Section 53531 of the Government Code. Interest shall begin to run on the 31st day afterthe confirmation of the assessments by the legislative body.

Determinations of the legislative body shall be expressed by resolution at any time prior to the confirmation of the assessments.
(Amended by Stats. 1986, Ch. 507, Sec. 2.)

Page 395 of 565 ends

5629.

Whenever the property fronting on a sidewalk required to be maintained and repaired pursuant to the provisions of this chapter lies within one city or unincorporated territory of a county, and the sidewalk required to be so maintained and repaired lies within another city or unincorporated territory of a county, the superintendent of streets of the city or county having jurisdiction over the sidewalk shall have full authority to serve notices to repair and do all work contemplated by Articles 2 and 3 of this chapter, notwithstanding the fact that the property fronting on the sidewalk lies within another city or unincorporated territory of a county, The legislative body of the city or county within which the sidewalk has been repaired pursuant to the provisions of this chapter shall have jurisdiction to levy an assessment to pay the cost of any such sidewalk repairs against the parcel of property fronting on said sidewalk, notwithstanding the fact that said property lies within another city or unincorporated territory of a county and said assessment shall be a lien on said property for the amount thereof until the assessment and all interest thereon is paid or until it is discharged of record.

Page 396 of 565 ends

Page 397 of 565 ends

Public Works
919 P3lr!1 Slreel. San Luls Obispo. CA 93401 -321 8
805 781./200
slocity org
July 15,2024
Maddalena Roland
C Exemption Trust
1329 Broad St, San Luis Obispo CA
93401
Subject: Notice to Correct Sidewalk adjacent to 3195 South Higuera Dear Property Owner:
ln October of 2Q21, the City sent you a Notice to Correct the sidewalk adjacent to your property'at 3195 South Higuera that has been damaged by trees located on your property.

An additional notice was in March of 2022, and you and/or your representative met onsite with City staff to discuss the need to repair the sidewalk to City Standards. As of the dates of this letter, the needed repairs have not been made.

This letter is the third attempt to resolve this matter voluntary. lf you fail to complete the repairs voluntarily, the City will facilitate the necessary work through its Job Order Contract (JOC) and invoice you for the cost of the repairs. Please know completing the work will lead to increased project cost due to prevailing wage requirements set forth by the Department of lndustrial Relations. An item has been added to October 1, 2024 City Council Agenda to seek authorization for the City to complete the repairs and seek reimbursement. Routing for CouncilAgenda Reports starts 30 days before the Council meeting.

The Gity 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, in this case, Maddalena Roland C Exemption Trust.
o 12.16.020 Property owner's responsibility - City Municipal Code The maintenance, repair and collection of the cosf of repair shall be governed by the procedure set fotth in Division 7, Part 3, Chapter 22 of the Sfreefs and Highways Code of the state. (Prior code S 7330.1) You must submit a complete Encroachment Permit application for the required repairs to the Public Works Department (919 Palm Street) no later than September 1, 2024. Failure to meet this deadline will result in proceeding with City Council approval to complete the repairs.

Page 398 of 565 ends

I look fonryard to working with you to resolve this. lf you have any questions, please feel free to contact me at [email protected].

Sincerely,
Greg Cruce
Deputy Director - Maintenance Operations
Cc:

Public Works Administration
Streets Maintenance
Address File
City Attorney's Office
Attachments

1. Previous Correspondences (October 6,2021)

2. Sidewalk Photos

3. Attachment 1 - Streets and Highway code - Division 7, part 3, chapter 22 4. Sidewalk & Parkway Strip Maintenance, Property Owner Responsibilities.

Page 399 of 565 ends

3195 South Higuera - Sidewalk photos

Page 400 of 565 ends

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 anv 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 anv sidewalk in such condition t at the sidewalk will not endanse r persons or orooertv and ma intain it in a condition which will n interfere with the oublic 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.
5511. When anv oortion of sidewalk is out of reoair or oendine reco ction and in condition to endanser oersons or rtv or in condition to interfere with the oub c convenience in the use of such sidewalk. the su rintendent of streets shall notifu the owner or in oossession of the rtr fronti n nnrtinn nf cr rnh cida.^r- lk so out of +
tr tn ranrir tha cidar^rrll,
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. ln 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.
56t4. Tha nnf ice shall 2 hr c narifrr rrrh ri rrrn rlz i s uired to nd hnrrr if ic fn lra dn ne
and what materials shall be used in the repair and shall further soecifv that if the reoair is not commenced within two weeks after notice is siven and dilisentlv a nd without interruotion rosecute ndent of d the cost
same shall be a lie n on the orooertv.
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. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, 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.

Page 401 of 565 ends

5515. lf 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 bythe owner. The superintendent shall have powerto 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.
5615. 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. lf bonds are to be issued, the notice shall also contain the information required by Section 56t4.L
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. 5518. 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.

Page 402 of 565 ends

STREETS AND HIGHWAYS CODE . SHC
DtvtstoN 7. THE tMpRovEMENT ACT OF 1911 [5000 - 6794]
( Division 7 added by Stats. 1941, Ch. 79. )
PART 3. PERFORMTNG THE WORK [5100 - 5954]
( Part 3 added by Stats. 1941, Ch. 79. )
CHAPTER 22. Maintenance of Sidewalks [5600 - SOJ|I
( Chapter 22 added by Stats. 1941, Ch. 79. )
ARTICLE 3. Collection of Cost of Repair [5625 - 5630]
( Article 3 added by Stats. L941, Ch. 79. )
s62S
The cost of the repair may be assessed by the legislative body against the parcel of property fronting upon the sidewalk upon which such repair was made, and such cost so assessed, if not paid within five days after its confirmation by the legislative body, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.
(Added by Stats. 1941, Ch. 79.)
5626
The superintendent of streets may file in the office of the county recorder of the county in which the parcel of property is located, a certificate substantially in the following form:

NOTICE OF LIEN
Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the day of _t 19_, cause the sidewalk, curb, or park or parking strip, bulkheads, retaining walls, or other works (as the case may be) in front of the real property hereinafter described, to be repaired and improved, and the legislative body of said city (county, or city and county) did, on the day of -t
19-, by Resolution No.
-
assess the cost of such repair upon the real
property hereinafter described, and the same has not been paid nor any part thereof, and the said city (county, or city and county), does hereby claim a lien on said real property in the sum of _ dollars ($_), and the same shall be a lien upon said real property until the said sum, with interest at the rate of _ percent per annum, from the said day of _, 19_ (insert date of confirmation of assessment), has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the (name of city, or city and county) the county of _, State of _, and particularly described as follows:

Descri tion of
Dated this _ day of _t 19_.
ro

Page 403 of 565 ends

Superintendent of Streets
(Amended by Stats. 1986, Ch. 507, Sec. 1.)
s627.

From and after the date of the recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof, The notice of lien may include claims against one or more separate parcels of property, whether contiguous or not, together with the amount due, respectively, from each such parcel. The statute of limitation shall not run against the right of the city to enforce the payment of the lien. If any such lien is not paid the city may file and maintain an action to foreclose such lien in the same manner and under the same procedure, so far as applicable, as that under which delinquent bonds are foreclosed under this division.
(Added by Stats. 1941, Ch. 79.)
5628.

As an alternative method of collection of the amount of the lien, the legislative body, after confirmation of the report of the superintendent of streets, ffidY order the notice of lien to be turned over to the assessor and the tax collector of the city, whereupon it shall be the duty of those officers to add the amount of the assessment to the next regular bill for taxes levied against the lot or parcel of land. If city taxes are collected by the county officials, the notice of lien shall be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The notice of lien shall be delivered to the county auditor before the date fixed by law for the delivery of the assessment book to the county board of equalization,
fAdded by stats. 1941, ch. 79.)
s628.1.

Page 404 of 565 ends

5629
Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes, All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment taxes. (Added by Stats. 1941, Ch. 79.)
5629.1.

Page 405 of 565 ends

Page 406 of 565 ends

Page 407 of 565 ends

From:

Sent:

To:

Cc:

Subject:

Cruce, Greg
Monday, December 2,2024'10:21 AM
[email protected]; pterryschu bert@ gmail.com
Stephenson, Nemo; Gault, Walter
RE: 3195 South Higuera
Good morning, Terry,
I received your voicemail indicating your client was working on the tree removal application. I checked with the City Arborist anO verified it has not been submitted yet. Please update with this timeline and the encroachment permit timeline.

Thank you,
Greg Cruce
Deputy Director - Maintenance Operations
Public Works Department
805.781 .7264
[email protected]
From: Cruce, Greg
Sent: Wednesday, November 13,202412:58 PM
To: ptsch [email protected]; pterryschubert@gma il.com
Cc: Stephenson, Nemo <nstephenson@slocity'org>
Subject: RE: 3195 South Higuera
Terry,
Can you please update me on the status. lf I don't hear back from you by 1112212024,1'll be posting the prop"rty and putting back on the Council schedule for repairs to be made by the City, per the Streets and Highways Code.

Thanks,
Greg Cruce
Deputy Director - Maintenance Operations
Public Works Department
805.781 7264
[email protected]
From: Cruce, Greg
Sent: Tuesday, October 29,2024 9:23 AM
To : ptsch u bert@ ao l.com; pte rrvsch u be rt@ gm a i l.co m Subject: RE: 3195 South Higuera
Good morning, Terry,
I wanted to check on the status of the encroachment permit. Please update me on the timeline 1

Page 408 of 565 ends

Thanks,
Greg Cruce
Deputy Director - Maintenance Operations
Public Works Deparlment
805 781 7264
[email protected]
F ro m : [email protected] < ptschubert@aol-com>
Sent: Monday, September 30,2024 9:59 AM
To : [email protected] ; C ru ce, G re g <[email protected]> Subject: Re: 3195 South Higuera
Greg,
Received, hank you
Terry
P. Terence Schubert, Esq.
1254 Marsh Street
San Luis Obispo, California 9340i
Phone: (805) 235-0566
On Friday, September 27 , 2024 at 02:06:56 PM PDT, Cruce, Greg <[email protected]> wrote Hello Terry,
Thankyouagainforyourcalltodayregardingthesidewalkrepairandtreeremovalat3lg5S.Higuera. Belowarelinks to the necessary permits for the tree removals and encroachment permit.

Tree Removal Application
Encroachment Permit
Again, this item is scheduled to be heard by Council on21412025, so work will need to start by ll4l2A2S so it can be pulled from the agenda. Please let me know if you have any questions. 2

Page 409 of 565 ends

Thanks,
Greg Cruce
Deputy Director - Maintenance Operations
cmroF sf,nl{ffi(Fr$po
Public Works
Maintenance OPerations
990 Palm Street, San Luis Obispo, CA 93401-3249
E [email protected]
T 805.781.7264
slocity.org
@nOXE Stay connected with the City by signing up for e-notifications 3

Page 410 of 565 ends

Page 411 of 565 ends

From: Cruce, Greg
To: [email protected]; [email protected]
Cc: Stephenson, Nemo; Gault, Walter
Subject: RE: 3195 South Higuera
Date: Monday, December 2, 2024 10:20:00 AM
Attachments: image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
Good morning, Terry,
I received your voicemail indicating your client was working on the tree removal application. I checked with the City Arborist and verified it has not been submitted yet.

Please update with this timeline and the encroachment permit timeline.

Thank you,
Greg Cruce
Deputy Director - Maintenance Operations
Public Works Department
805.781.7264
[email protected]
From: Cruce, Greg
Sent: Wednesday, November 13, 2024 12:58 PM
To: [email protected]; [email protected]
Cc: Stephenson, Nemo <[email protected]>
Subject: RE: 3195 South Higuera
Terry,
Can you please update me on the status. If I don’t hear back from you by 11/22/2024, I’ll be posting the property and putting back on the Council schedule for repairs to be made by the City, per the Streets and Highways Code.

Thanks,
Greg Cruce
Deputy Director - Maintenance Operations
Public Works Department
805.781.7264
[email protected]
From: Cruce, Greg
Sent: Tuesday, October 29, 2024 9:23 AM
To: [email protected]; [email protected]
Subject: RE: 3195 South Higuera

Page 412 of 565 ends

Good morning, Terry,
I wanted to check on the status of the encroachment permit. Please update me on the timeline.

Thanks,
Greg Cruce
Deputy Director - Maintenance Operations
Public Works Department
805.781.7264
[email protected]
From: [email protected] <[email protected]>
Sent: Monday, September 30, 2024 9:59 AM
To: [email protected]; Cruce, Greg <[email protected]> Subject: Re: 3195 South Higuera
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.

Greg,
Received, hank you.

Terry
P. Terence Schubert, Esq.
1254 Marsh Street
San Luis Obispo, California 93401
Phone: (805) 235-0566
On Friday, September 27, 2024 at 02:06:56 PM PDT, Cruce, Greg <[email protected]> wrote:

Hello Terry,
Thank you again for your call today regarding the sidewalk repair and tree removal at 3195 S.

Higuera. Below are links to the necessary permits for the tree removals and encroachment permit.

Tree Removal Application

Page 413 of 565 ends

Encroachment Permit
Again, this item is scheduled to be heard by Council on 2/4/2025, so work will need to start by 1/4/2025 so it can be pulled from the agenda. Please let me know if you have any questions.

Thanks,
Greg Cruce
Deputy Director – Maintenance Operations
City of San Luis Obispo
Public Works
Maintenance Operations
990 Palm Street, San Luis Obispo, CA 93401-3249
E [email protected]
T 805.781.7264
slocity.org
Stay connected with the City by signing up for e-notifications

Page 414 of 565 ends

B. Received
r Complete items 1,2, and 3.
r Print your name and address on the reverse
so that we can return the card to you'
r Attach this card to the back of the mailpiece'
9590 9402 8995 4122 4043 98
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or on the front if permits.
l. ArticleAddressed to:

SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Signature
x
D. ls delivery address different from item 1?
lf YES, enter delivery address below:

E Agent
tr
G. Date of Delivery
Yes
ENo

3. ServiceType
tr Adult Slgnature
tr Adult Restrict€d Delivory
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Mail Restricted Delivery
E Collect on Delivery
tr Collect on Delivery Restricted Delivery
n lnsured Mail
tr Priority Mail Express@
E Reoistered MailrM
E Bedistered Mall Restricted
Deliverv
E Signatrire GonllrmalionrM
E Signature Confirmation
Restricted Dallvery 2. Article Number (fransfer service label) ?81,1 EaSE EEt]U .1!r13 ?355
PS Form 381 1, .tuty zo20 PsN 7530-02-000-9053 Page 415 of 565 Domestic Return ReceiPt ' il I ]tf t ilil llrfl ffitflfltlmllfrfl ffi
USPSTRACKING #
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United States
PostalSeruice
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Page 416 of 565 ends

Estimated Costs
Replacement of Driveway and sidewalk, creating ada compliance.

Description of Project:

Extra Work $ -
$ 27,618.28
$ 4,603.05
Unit Price Work $ 22,908.75
Asphalt Material $ 106.48
Task Order Details
Work Order No. Nearest Address Description
1543 Morro & 878 Islay Driveway Replacement
Streets and Sidewalk Maintenance JOC - AUTHORIZATION
City of San Luis Obispo

Page 417 of 565 ends

Item No. Item Description
Unit of
Measure Unit Price
Estimated
Quantity
Estimated
Cost
Actual
Quantity Final Cost
1CCO1 Edge Grind SQFT 10.25 $ - $ - $
2CCO1 1.75" Thin Maintenance Overlay SQFT 13.33 $ - $ - $ 3CCO1 2” AC Grind & AC Overlay-1/2'' Aggregate SQFT 41.00 $ - $ - $ 4CCO1 6” AC Pavement - Excavation & Restoration SQFT 9.23 $ - $ - $ 5CCO1 10” AC Pavement - Excavation & Restoration SQFT 13.33 $ - $ - $ 6CCO1 8” PCC with 3” max AC Cap - Excavation & Restoration SQFT 29.73 $ 50 1,486.25 $ - $ 7CCO1 Class II Aggregate TON 87.13 $ - $ - $
8CCO1 Trench Backfill Sand TON 76.88 $ - $ - $
9CCO1 AC Dike - Caltrans A87B LF 23.58 $ - $ - $
10CCO1 Pavement Reinforcing Fabric SQYD 71.75 $ - $ - $ 11CCO1 Geo Textile Grid SQYD 51.25 $ - $ - $
12CCO1 Fog Seal SQYD 25.63 $ - $ - $
13CCO1 Pavement Marking-Caltrans A24 SQFT 18.45 $ - $ - $ 14CCO1 12'' White Line Limit Line LF 20.50 $ - $ - $
15CCO1 Traffic Stripe-Caltrans A20A Detail 1 LF 20.50 $ - $ - $ 16CCO1 Traffic Stripe - Caltrans A20A Detail 2 LF 20.50 $ - $ - $ 17CCO1 Traffic Stripe - Caltrans A20A Detail 8 LF 20.50 $ - $ - $ 18CCO1 Traffic Stripe - Caltrans A20A Detail 9 LF 20.50 $ - $ - $ 19CCO1 Traffic Stripe - Caltrans A20B Detail 22 LF 23.58 $ - $ - $ 20CCO1 Traffic Stripe - Caltrans A20D Detail 29 LF 23.58 $ - $ - $ 21CCO1 Traffic Stripe - Caltrans A20D Detail 38 LF 23.58 $ - $ - $ 22CCO1 Traffic Stripe - Caltrans A20D Detail 39 LF 23.58 $ - $ - $ 23CCO1 Traffic Stripe - Caltrans A20D Detail 39A LF 23.58 $ - $ - $ 24CCO1 Reflective Pavement Marker-All Types EA 35.88 $ - $ - $ 25CCO1 Hi-Vis-Crosswalk-STD 7350 LF $ 307.50 $ - $ -
26CCO1 Bike Lane Buffer LF $ 30.75 $ - $ -
27CCO1 Green Bike Lane Coating-STD 7360 SQFT $ 51.25 $ - $ - 28CCO1 Remove Traffic Stripe LF 15.38 $ - $ - $
29CCO1 Remove Pavement Marking SQFT 15.38 $ - $ - $
30CCO1 Remove & Replace Sidewalk - Std. 4110 (Area Under 60 SQFT) SQFT 71.75 $ - $ - $ 31CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - 60 to 180 SQFT) SQFT 61.50 $ 100 6,150.00 $ - $ 32CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - over 180 SQFT) SQFT 51.25 $ - $ - $ 33CCO1 Remove & Replace Curb and Gutter - Std. 4030 LF 92.25 $ - $ - $ 34CCO1 Remove & Replace Curb Ramp - Std. 4440 SQFT 24.60 $ - $ - $ 35CCO1 Remove & Replace Cross Gutter - Std. 4310 SQFT 205.00 $ - $ - $ 36CCO1 Remove & Replace Driveway Ramp - Std. 2110,2111,2115,2116 SQFT 35.88 $ 300 10,762.50 $ - $ 37CCO1 Mission Style PCC Coloring and Salt Finish SQFT 6.15 $ - $ - $ 38CCO1 Mission Style Tile Installation per Std. 4220 LF 71.75 $ - $ - $ 39CCO1 Single Mission Tile Installation - Std. 4220 EA 82.00 $ - $ - $ 40CCO1 Replace Truncated Domes - Std. 4440 SQFT 71.75 $ - $ - $ 41CCO1 Repaint Curb LF 6.15 $ - $
42CCO1 Furnish & Install Metal Post - Std. 7210 EA 666.25 $ - $ - $ 43CCO1 Furnish & Install Metal Post - Std. 7215 EA 717.50 $ - $ - $ 44CCO1 Furnish and Install Sign EA 512.50 $ - $ - $
45CCO1 Reconstruct Guardrail - Caltrans A77A1 LF 512.50 $ - $ - $ 46CCO1 Furnish and Install Tree Well - Std. 8130, 4'x4' EA 5,125.00 $ - $ - $ 47CCO1 Furnish and Install Tree Well - Std. 8130, 5'x5' EA 5,945.00 $ - $ - $ 48CCO1 Furnish and Install Tree Well - Std. 8130, 6'x6' EA 7,175.00 $ - $ - $ 49CCO1 Enlarge Tree Grate Opening EA 256.25 $ - $ - $
50CCO1 Catch Basin - Std. 3350 EA 15,375.00 $ - $ - $
51CCO1 Catch Basin - Std. 3355 EA 18,450.00 $ - $ - $
52CCO1 Catch Basin - Std. 3355A EA 12,300.00 $ - $ - $
53CCO1 Catch Basin - Std. 3360 EA 18,450.00 $ - $ - $
54CCO1 Adjust Utility Cover - Std. 6040 EA 768.75 $ - $ - $ 55CCO1 Manhole Frame and Cover Replacement - Std. 6040 EA 2,562.50 $ - $ - $ 56CCO1 Manhole Replacement - Std. 3530 or 6610 EA 13,325.00 $ - $ - $ 57CCO1 Manhole Coating EA 30,750.00 $ - $ - $
58CCO1 Construct Well / Cleanout - G5 - Std. 6710 EA 1,230.00 $ - $ - $ 59CCO1 Potholing (Depth - 0’ to 4') EA 666.25 $ - $ - $ 60CCO1 Potholing (Depth - 4' to 8') EA 973.75 $ - $ - $ 61CCO1 Potholing (Depth - 8'+) EA 1,332.50 $ - $ - $
62CCO1 Pipe Excavation & Restoration (Depth - 0’ to 2.5’) LF 205.00 $ - $ - $ 63CCO1 Pipe Excavation & Restoration (Depth - 2.5’ to 8.5’) Shoring Required LF 410.00 $ - $ - $ 64CCO1 Pipe Excavation & Restoration (Depth - 8.5’+) Shoring Required LF 666.25 $ - $ - $ 65CCO1 Traffic Control - Eng. Std. Appendix G – Fig A HR 133.25 $ - $ - $ 66CCO1 Traffic Control - Eng. Std. Appendix G – Fig B HR 256.25 $ - $ - $ 67CCO1 Traffic Control - Eng. Std. Appendix G – Fig C HR 205.00 $ - $ - $ 68CCO1 Traffic Control - Eng. Std. Appendix G – Fig D HR 256.25 $ - $ - $ 69CCO1 Traffic Control - Eng. Std. Appendix G – Fig E HR 153.75 $ - $ - $ 70CCO1 Traffic Control - Eng. Std. Appendix G – Fig F HR 205.00 $ - $ - $ 71CCO1 Traffic Control - Eng. Std. Appendix G – Fig G HR 205.00 $ - $ - $ 72CCO1 Traffic Control - Eng. Std. Appendix G – Fig H HR 153.75 $ - $ - $ 73CCO1 Traffic Control - Eng. Std. Appendix G – Fig I HR 205.00 $ - $ - $ 74CCO1 Traffic Control - Eng. Std. Appendix G – Fig J HR 205.00 $ - $ - $ 75CCO1 Traffic Control - Eng. Std. Appendix G – Fig K HR 169.13 $ - $ - $ 76CCO1 Traffic Control - Eng. Std. Appendix G – Fig L HR 358.75 $ - $ - $ 77CCO1 Traffic Control - Eng. Std. Appendix G – Fig M HR 133.25 $ - $ - $ 78CCO1 Traffic Control - Eng. Std. Appendix G – Fig N HR 256.25 $ - $ - $ 79CCO1 Traffic Control - Eng. Std. Appendix G – Fig O HR 287.00 $ - $ - $ 80CCO1 Traffic Control - Eng. Std. Appendix G – Fig P HR 102.50 $ 8 820.00 $ - $ Unit Price Contract Work

Page 418 of 565 ends

0.93 100.00 $ 92.59 $ 13.89 $ 106.48 $
Estimate Total 106.48 $
Tons Unit Price Cost 15% Markup Ticket Total
$ - - $ - $ - $
$ - - $ - $ - $
$ - - $ - $ - $
$ - - $ - $ - $
Actual Total - $
Estimate
Est. No. Location Cost
111 Location X - $
222 Location Y - $
$ -
Actual
EW No. Location Cost
111a Location X - $
222b Location Y - $
$ -
1234 Plant
Install A
Install B
Task
Install A
Install B
Task
Actual
Actual Total
Estimated Total
1234 Plant
1234 Plant
1234 Plant
Asphalt Concrete Material
Extra Work
Ticket Number and Plant

Page 419 of 565 ends

Task Order - Paving Estimate
Location
Work
Order Address Description
No.

1.75 Fog Seal Minor
2 A24 A
6 12" White Line B
10 1 C

50.0 PCC/AC 2 D
8 E
9 F
22 G
29 H
38 I
39 J
39A K
Markers L
Crosswalk M
Bike Lane Buffer N
Green Bike Lane Coating O
Remove Traffic Stripe P
Remove Marking

Page 420 of 565 ends

Task Order - Concrete Estimate
Location
Work
Order Address Description
No.

Patches
Total
Length
L1 (ft)
Total
Width
W1 (ft)
Tree Well Length
(Deduction)
L2 (ft)
Tree Well Width
(Deduction)
W2 (ft)
Number
of Tree
Wells
Other
(Deduction)
L3 (ft)
Other
(Deduction)
W3 (ft)
Area
(ft2)
Mission
Style
Mission
Style Tile
(ft)
Curb and
Gutter (ft)
Curb Ramp
(SF)
Truncated
Domes (SF)
Cross
Gutter
(SF)
Driveway
Ramp (SF)
Repaint
Curb (ft)
Metal Sign
Posts and Sign
(EA) Traffic Control Hours Notes Cover Page Description 1 1543 Morro Street Driveway Replacement 1 10 10 100.0 300 Minor 48 P 8
Replacement Tree Wells 100.0 Regular 300 Minor 48
4' Mission A
5' B
6' C
Enlarge D
E
F
G
H
I
J
K
L
M
N
O
P 8

Page 421 of 565 ends

Public Works
919 Palm Street,San Luis Obispo. CA93401 3218
B05.781 7200
slocity org
February IO,2025

ED SOMMERS
3111- FLANNERY RD
SAN PABLO, CA,94806
Subject: Second lnformal Notice to Repair Sidewalk - 878 lslay Street, San Luis Obispo Dear Property Owner:

The sidewalk and driveway apron adjacent to your property located at 878 lslay Street in the City of San Luis Obispo has been identified as a dangerous condition and must be mitigated. The City's Streets Maintenance Program has made temporary repairs; however, you as the adjacent property owner are responsible for the permanent repairs in compliance with the City's Engineering Sta nd a rds.

The City of San Luis Obispo's Municipal Code identifies the improvements between the street line and property line as being the maintenance responsibility of the adjacent property owner. ' San Luis Obispo Municipal Code 12.16.020 - Property Owner's Responsibility The maintenonce, repair and collection of the cost of repoir shall be governed by the procedure set forth in Division 7, Part 3, Chopter 22 of the Streets ond Highwoys Code of the state. (Prior code 5 7330.1)
Public Works Department staff sent you the first lnformal Notice to Correct on 1O/L7 /2O23, with the request to complete the necessary work within 120 days to the satisfaction of the City. After a review of the file and inspection of the property, staff has noted the conditions have not been corrected.

You shall obtain an Encroachment Permit no later than 4/1./2025 and complete the repairs within 30 days of this of the permit issuance.

Failure to comply with the above-stated dates will result in the City issuing a formal Notice to Correct and the work being completed by the City's contractor. lt should be noted, if the work is completed by a City contractor, the work is subject to prevailing wage requirements.

A hearing has been added to the 5l2O/2O25 City Council agenda to seek approval for the necessary work and to pursue reimbursement through a special assessment and lien, should the work not be completed by the above stated date.

Please feel free to contact me with any questions at [email protected]'

Page 422 of 565 ends

Sincerely,
/1/A--,
Nehimiah Stephenson
Maintenance Superintendent
Public Works Department
Attachments: Previous Correspondences, Photos, Sidewalk Brochure, Applicable Streets and Highways Code

Page 423 of 565 ends

Related to sidewalk repair is clearance and
visibility. When is maintenance required?
. Visibility When parkway strip shrubbery
interferes with the ability of a driver to seepedestrians or approaching traffic, either from a driveway or an intersection, trimming
of shrubs must be completed by the property
owner. Shrubs must be trimmed to amaximurn height of 36", for a minimum distance of 30' fiom an intersection.(Municipal Code 10.60 and 17.16.020) . Walkway and Gutter Clearance - Trimming
of ground cover or shrubs is required whenthe plants extend onto or over the sidewalk, gutter, or street.
. Parkway Strip Condition - All tree stumps,
large rocks, trash and holes must be removed
by the property owner. The parkway strip
must be level and holes must be filled and
leveled with dirt or other material.

When is a permit required for landscape
maintenance work?
If the sidewalk or the street must be closed for
the work, a permit is required from Public
Works. Call (805)781-701 5 for additional
infbrmation. tf a tree is to be removed, a tree
removal pennit must be obtained. Applications
for tree removal are available on the City's web
site on the Public Works page www.slocit-v.orgor call 78 l-7220 for additional information' C,NJ-
- tk
g.a+ qO(t\)/3 ^-Fo s'O
6X> - a@
:' d PA'
\O -(f UO
5 CMYOF
sffnl,(llsoBIsPo
Sidewalk
&
Parkway Strip
Maintenance
Property OwnerResponsibilities
Department of Public Works
805-78 r-1220805-781-701 5
Rev Ll1.l3

Page 424 of 565 ends

'fhe City receives many requests from citizens to
rnake repairs to sidewalks. This brochure
provides general information to the public on this
subject.What is the sidewalk, parkway, and curb and
gutter?The sidewalk, parkway strip, and curb & gutter
are typically made of concrete and located next
to the street on the front and/or side portion of
your propefty. The curb and gutter are located atthe edge of the sheet pavement. The sidewalk iseither separated from the curb by a parkway strip, or is located adjacent to the curb.

Parkways are sometimes planted or filled in with
brick or other rnaterials.

Who is responsible for maintenance? -l'he property owner is responsible for properly rnaintaining this area (see San Luis Obispo
Municipal Code Section 12.16.020 and Streets
and tlighway Code Division 7, Part 3, Chapter
22). This responsibility includes maintenance of
darnaged or displaced concrete and abaternent ofweeds or debris. While the City may be Iiable forin-juries to pedestrians that are determined to have resulted from a dangerous condition of a
public sidewalk, propeny owners should beaware that they rnay also be found liable if it is determined that their negligence caused someone
to be harmed.

When should property owners consider doing
sidewalk replacement?
Replacement of the sidewalk, curb and gutter
concrete should be considered when one or more
of the following exists:r When there is a vertical difference in height between sections of the sidewalk or concrete
parkway strip of 3/4" or more.
r Ifthe concrete has broken apart.r In any instance where the owner has reason to know that the condition presents a danger
to users, or the owner has observed someone
trip because of damage to the surface.

In addition to darnaged sections of sidewalk, curb
and gutter replacement is typically required whensidewalks and driveways are replaced, unless thesidewalk is separated fiorn the curb by a parkway. Patching should be completed when
horizontal openings greater than l/2" exist.

What are the options available for completingthe work?
The City recommends construction of curbs,
gutters, and sidewalks in C ity streets beperfonned by a properly licensed and insuredcontractor. A permit is required for concrete repair. Call (80-s)781-701-5 for permit requirements.Are there inspections and standards for
concrete repair work?Yes, all work and materials must be in conformance with the City of San Luis Obispo
Engineering Standards for Public Works
Construction.Before placing any concrete. you must have any tree root renroval approved, and the saw cut,
forrns, and base inspected. After approval, a
City-approved concrete mix rnust be used. Thesurface finish must be a light broom finish with score rnarks. After the work is completed, youmust call for a final inspection.

A pennit is required for all concrete work in the
public right-of-way. Engineering Standards for
construction are available on the City's web site
on the Public Works page www.slocity.org. For
information on obtaining a pennit call (805)78 l70r5.
ls the property owner responsible for repairs
if the concrete damage is caused by a tree?
The City encourages street trees in front of
residences. (Municipal Code 12.24.010) Theproperty owner is responsible fbr the maintenance of the street tree but the City will
repair the sidewalk when the concrete has been
damaged by a street tree, as f'unding is available.and tirned with the area rotation program.

Cloncrete damaged by trees other than street trees is the responsibility of the property owner.Maintenance, trimrning and replacement of street trees and shrubs is govemed by Chapter

12.24.110. 12.24.120 and 12.24.150 of the
MunicipalCode.

What measures should be taken to minimize
concrete displacement by tree roots?Certain species of trees rnay raise concrete if preventative maintenance is not performed. Toreduce the chance of future concrete displacement, trees can be root-pruned. Care
must be taken when root pruning to avoid
damaging underground utilities or destabilizingor harming the tree. This work must be corrpletedby a licensed arborist. Also, deep- watering the tree, that is, applying a slow trickle of waterover a 24-hour period, encourages deeper root growth which reduces the chance of sidewalkdamage.
lf a problem is reported to the City, how long
does it take for a repair?
When a report is made to the City, it is entered
in to the work order program. Subject to the
availability of resources and personnel, the City
will attenrpt to review the site within a week of
entry of the work order. If a ternporary repair,such as grinding or ramping the area can bernade, the City will generally attempt to cornplete that work within two weeks. Severe darnagecaused by a street tree, which cannot be repaired adequately, will be reconstructed as soon asresources and available personnel allow.

Page 425 of 565 ends

Public \lrbrks
91 I Palm Slreet, San Luis Oblspo, CA 93401 -321 I
805.781./200
slocity org
August 19tn,2024
Attention: Owner of 878 lslay St, San Luis Obispo, CA
3111 FLANNERY RD
SAN PABLO, CA, 94806
Subject: Notice to Correct Sidewalk adjacent to 878 lslay St APN: 003-538-015 Dear Property Owner:

The sidewalk and driveway apron adjacent to your property at 878 lslay in the City of San Luis Obispo must be repaired. This section of sidewalk at 878 lslay St. is considered a dangerous condition that must be mitigated. The condition of the concrete has deteriorated so severely that a temporary repair effort by Public Works staff would fail in a very short time and make the sidewalk more of ahazard This sidewalk was brought to our attention by a citizen complaint.

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, in this case, Maddalena Roland C Exemption Trust.
o 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 Sfreefs and Highways Code of the state. (Prior code S 7330.1) The appropriate sections of the Streets and Highway Code are included as an attachment to this letter. Below are some incremental timeframes to complete the work.

Within 90 calendar days of this letter, you must obtain an encroachment permit from the City to complete the necessary repair work.

Within 120 calendar days of this letter, you must complete the necessary repair work to the satisfaction of the City.
a
a
a
a

Page 426 of 565 ends

This repair work can be costly; if you prefer to propose alternate timeframes for consideration, please submit those in writing to me within 30 calendar days of this letter.

Failure to comply with this request could lead to formal Notices to Correct being issued with accelerated repair timeframes as required by the Streets and Highways Code.

Sincerely,
Nemo Stephenson
Maintena nce Superintendent
Nstephenson (@slocitv.ors 805-783-7813
Cc.

Public Works Administration
Streets Maintenance
Attachments:

1. Attachment 1 - Streets and Highway Code - Division 7 , Part3, Chapter 22

2. Sidewalk Photos

3. Sidewalk & Parkway Strip Maintenance, Property Owner Responsibilities.

STREETS AND HIGHWAYS CODE. SHC
DIVISION 7. THE IMPROVEMENT ACT OF 1911
PART 3. PERFORMING THE WORK

Page 427 of 565 ends

CHAPTER 22. Maintenance of Sidewalks
ARTICLE 2. Repairs
5510. The owners of lots or portions of lots fronting on anv 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 nv sidewalk in srrch condition that the sidewalk will not endaneer nprsons or nronertv and maintain it in a condition which will not interfere with the oublic 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.
5511. When anv portion of the sidewalk is out of repair or pending reconstruction and in condition r ns or ro or nience in the
ntendent nln ssession of
propertv fronting on that oortion of such sidewalk so out of repair. to reoair the sidewalk. 56t2. 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. ln 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 L0 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.
5514. The notice shall oarticularlv soecifu what work reouired to be done. and how it is to be done, n wh rials shall be used if the re
mm n within two wee nd without
eti the su rinte tr nd the cost
same shall be a lie n on the orooertv.
5514.1. 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. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, payable over a period of not to exceed sixyears, and shallfurther recite a maximum rate of interest to be paid on the indebtedness, which shall not exceed 7 percent a year, payable semiannually. 5615. lf 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

Page 428 of 565 ends

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. lf bonds are to be issued, the notice shall also contain the information required by Section 561.4.1..
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.
878 lslay - Sidewalk photos'

Page 429 of 565 ends

Page 430 of 565 ends

Page 431 of 565 ends

From:

Sent:

To:

Subject:
edandm < [email protected]>
Monday, October 21, 2024 10:07 AM
Cruce, Greg
RE: 878 lslay
Itnir *ar.age is frorn an Externat Source. Use caution when deciding to open attachments" ctick tinks, or respond Thank you. I'il. ask next door for the property manager name and get it to you. Thanks again. Ed somers.

Sent from my GalaxY
Original. message
From: "Cruce, Greg" <[email protected]>
Date: 10/21/249:20 AM (GMT-08:00)
To: edandm@comcast. net
Cc: "stephenson, Nemo" <nstephenson@sl,ocity.org>, "Weidter, Haytey" <[email protected]> Subject: 878 lsl.ay
Hello Ed,
Thank you for meeting me and Nemo Stephenson on-site last week to discuss the sidewalk condition at g7g islay. I've attaihed the lnformal Notice to Correct for the deteriorated sidewalk. Attached is the originai notice that was sent and returned. Please keep me posted on your timeline after you speat<io your relative and have a better on funding. We did reach out to California West regarding the adjacLnt property, and they do not manage this property. Once we find the property owner, we'll do our best to connect you folks to potentially teaming up on the repairs to reduce cost.

Please let me know if you have any questions
Thanks,
Greg Cruce
Deputy Director - Maintenance Operations
1

Page 432 of 565 ends

E
Public Works
Maintena nce Operations
990 Palm Street, San Luis Obispo, CA 93401 -3249
E [email protected]
T 805.781 .7264
stay connected with the city by signing up for e-notifications E E E tr E
2

Page 433 of 565 ends

From: edandm
To: Cruce, Greg
Subject: Greg. Good morning. I have not been able to raise the money to fix the sidewalk in front of 878 Islay. You should probably start formal procedures . I think the city assigns the work to a contractor and the cost is put on my property tax bill.

Date: Monday, November 18, 2024 9:52:53 AM
This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.

I'm sorry I don't yet have the name of next doors magement Co. I have not seen my neighbor lately.

Sorry to drop extra work on you.

Thank you for your consideration of my circumstances.

Can you send any mail notifications to my 3111 Flannery rd. San Pablo 94806 Address and my 878 Islay st. SLO 93401 address.

Thank you,
Edward M. Somers jr.

Sent from my Galaxy

Page 434 of 565 ends

Streets and Sidewalk Maintenance JOC - AUTHORIZATION
City of San Luis Obispo
Task Order Details
Work Order No. Nearest Address Description
859 Mission Street Driveway Replacement
Replacement of Driveway and sidewalk, creating ada compliance.

Description of Project:

Extra Work $ -
$ 21,094.50
$ 3,515.75
Unit Price Work $ 17,578.75
Asphalt Material $ -
Estimated Costs

Page 435 of 565 ends

Item No. Item Description
Unit of
Measure Unit Price
Estimated
Quantity
Estimated
Cost
Actual
Quantity Final Cost
1CCO1 Edge Grind SQFT 10.25 $ - $ - $
2CCO1 1.75" Thin Maintenance Overlay SQFT 13.33 $ - $ - $ 3CCO1 2” AC Grind & AC Overlay-1/2'' Aggregate SQFT 41.00 $ - $ - $ 4CCO1 6” AC Pavement - Excavation & Restoration SQFT 9.23 $ - $ - $ 5CCO1 10” AC Pavement - Excavation & Restoration SQFT 13.33 $ - $ - $ 6CCO1 8” PCC with 3” max AC Cap - Excavation & Restoration SQFT 29.73 $ - $ - $ 7CCO1 Class II Aggregate TON 87.13 $ - $ - $
8CCO1 Trench Backfill Sand TON 76.88 $ - $ - $
9CCO1 AC Dike - Caltrans A87B LF 23.58 $ - $ - $
10CCO1 Pavement Reinforcing Fabric SQYD 71.75 $ - $ - $ 11CCO1 Geo Textile Grid SQYD 51.25 $ - $ - $
12CCO1 Fog Seal SQYD 25.63 $ - $ - $
13CCO1 Pavement Marking-Caltrans A24 SQFT 18.45 $ - $ - $ 14CCO1 12'' White Line Limit Line LF 20.50 $ - $ - $
15CCO1 Traffic Stripe-Caltrans A20A Detail 1 LF 20.50 $ - $ - $ 16CCO1 Traffic Stripe - Caltrans A20A Detail 2 LF 20.50 $ - $ - $ 17CCO1 Traffic Stripe - Caltrans A20A Detail 8 LF 20.50 $ - $ - $ 18CCO1 Traffic Stripe - Caltrans A20A Detail 9 LF 20.50 $ - $ - $ 19CCO1 Traffic Stripe - Caltrans A20B Detail 22 LF 23.58 $ - $ - $ 20CCO1 Traffic Stripe - Caltrans A20D Detail 29 LF 23.58 $ - $ - $ 21CCO1 Traffic Stripe - Caltrans A20D Detail 38 LF 23.58 $ - $ - $ 22CCO1 Traffic Stripe - Caltrans A20D Detail 39 LF 23.58 $ - $ - $ 23CCO1 Traffic Stripe - Caltrans A20D Detail 39A LF 23.58 $ - $ - $ 24CCO1 Reflective Pavement Marker-All Types EA 35.88 $ - $ - $ 25CCO1 Hi-Vis-Crosswalk-STD 7350 LF $ 307.50 $ - $ -
26CCO1 Bike Lane Buffer LF $ 30.75 $ - $ -
27CCO1 Green Bike Lane Coating-STD 7360 SQFT $ 51.25 $ - $ - 28CCO1 Remove Traffic Stripe LF 15.38 $ - $ - $
29CCO1 Remove Pavement Marking SQFT 15.38 $ - $ - $
30CCO1 Remove & Replace Sidewalk - Std. 4110 (Area Under 60 SQFT) SQFT 71.75 $ 50 3,587.50 $ - $ 31CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - 60 to 180 SQFT) SQFT 61.50 $ - $ - $ 32CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - over 180 SQFT) SQFT 51.25 $ - $ - $ 33CCO1 Remove & Replace Curb and Gutter - Std. 4030 LF 92.25 $ - $ - $ 34CCO1 Remove & Replace Curb Ramp - Std. 4440 SQFT 24.60 $ - $ - $ 35CCO1 Remove & Replace Cross Gutter - Std. 4310 SQFT 205.00 $ - $ - $ 36CCO1 Remove & Replace Driveway Ramp - Std. 2110,2111,2115,2116 SQFT 35.88 $ 150 5,381.25 $ - $ 37CCO1 Mission Style PCC Coloring and Salt Finish SQFT 6.15 $ - $ - $ 38CCO1 Mission Style Tile Installation per Std. 4220 LF 71.75 $ - $ - $ 39CCO1 Single Mission Tile Installation - Std. 4220 EA 82.00 $ - $ - $ 40CCO1 Replace Truncated Domes - Std. 4440 SQFT 71.75 $ - $ - $ 41CCO1 Repaint Curb LF 6.15 $ - $
42CCO1 Furnish & Install Metal Post - Std. 7210 EA 666.25 $ - $ - $ 43CCO1 Furnish & Install Metal Post - Std. 7215 EA 717.50 $ - $ - $ 44CCO1 Furnish and Install Sign EA 512.50 $ - $ - $
45CCO1 Reconstruct Guardrail - Caltrans A77A1 LF 512.50 $ - $ - $ 46CCO1 Furnish and Install Tree Well - Std. 8130, 4'x4' EA 5,125.00 $ - $ - $ 47CCO1 Furnish and Install Tree Well - Std. 8130, 5'x5' EA 5,945.00 $ - $ - $ 48CCO1 Furnish and Install Tree Well - Std. 8130, 6'x6' EA 7,175.00 $ - $ - $ 49CCO1 Enlarge Tree Grate Opening EA 256.25 $ - $ - $
50CCO1 Catch Basin - Std. 3350 EA 15,375.00 $ - $ - $
51CCO1 Catch Basin - Std. 3355 EA 18,450.00 $ - $ - $
52CCO1 Catch Basin - Std. 3355A EA 12,300.00 $ - $ - $
53CCO1 Catch Basin - Std. 3360 EA 18,450.00 $ - $ - $
54CCO1 Adjust Utility Cover - Std. 6040 EA 768.75 $ - $ - $ 55CCO1 Manhole Frame and Cover Replacement - Std. 6040 EA 2,562.50 $ - $ - $ 56CCO1 Manhole Replacement - Std. 3530 or 6610 EA 13,325.00 $ - $ - $ 57CCO1 Manhole Coating EA 30,750.00 $ - $ - $
58CCO1 Construct Well / Cleanout - G5 - Std. 6710 EA 1,230.00 $ - $ - $ 59CCO1 Potholing (Depth - 0’ to 4') EA 666.25 $ - $ - $ 60CCO1 Potholing (Depth - 4' to 8') EA 973.75 $ - $ - $ 61CCO1 Potholing (Depth - 8'+) EA 1,332.50 $ - $ - $
62CCO1 Pipe Excavation & Restoration (Depth - 0’ to 2.5’) LF 205.00 $ - $ - $ 63CCO1 Pipe Excavation & Restoration (Depth - 2.5’ to 8.5’) Shoring Required LF 410.00 $ - $ - $ 64CCO1 Pipe Excavation & Restoration (Depth - 8.5’+) Shoring Required LF 666.25 $ - $ - $ 65CCO1 Traffic Control - Eng. Std. Appendix G – Fig A HR 133.25 $ - $ - $ 66CCO1 Traffic Control - Eng. Std. Appendix G – Fig B HR 256.25 $ - $ - $ 67CCO1 Traffic Control - Eng. Std. Appendix G – Fig C HR 205.00 $ - $ - $ 68CCO1 Traffic Control - Eng. Std. Appendix G – Fig D HR 256.25 $ - $ - $ 69CCO1 Traffic Control - Eng. Std. Appendix G – Fig E HR 153.75 $ - $ - $ 70CCO1 Traffic Control - Eng. Std. Appendix G – Fig F HR 205.00 $ - $ - $ 71CCO1 Traffic Control - Eng. Std. Appendix G – Fig G HR 205.00 $ - $ - $ 72CCO1 Traffic Control - Eng. Std. Appendix G – Fig H HR 153.75 $ - $ - $ 73CCO1 Traffic Control - Eng. Std. Appendix G – Fig I HR 205.00 $ - $ - $ 74CCO1 Traffic Control - Eng. Std. Appendix G – Fig J HR 205.00 $ - $ - $ 75CCO1 Traffic Control - Eng. Std. Appendix G – Fig K HR 169.13 $ - $ - $ 76CCO1 Traffic Control - Eng. Std. Appendix G – Fig L HR 358.75 $ - $ - $ 77CCO1 Traffic Control - Eng. Std. Appendix G – Fig M HR 133.25 $ - $ - $ 78CCO1 Traffic Control - Eng. Std. Appendix G – Fig N HR 256.25 $ - $ - $ 79CCO1 Traffic Control - Eng. Std. Appendix G – Fig O HR 287.00 $ - $ - $ 80CCO1 Traffic Control - Eng. Std. Appendix G – Fig P HR 102.50 $ 48 4,920.00 $ - $ Unit Price Contract Work

Page 436 of 565 ends

81CCO1 Minor Traffic Control HR 76.88 $ 48 3,690.00 $ - $ 82CCO1 Abandon and Grout (E) Sanitary Sewer with Flowable Fill CY 153.75 $ - $ - $ 83CCO1 2" SCH 40 Conduit, 2-Sac Concrete Capped LF 61.50 $ - $ - $ 84CCO1 4" SCH 40 Conduit, 2-Sac Concrete Capped LF 66.63 $ - $ - $ 85CCO1 2" SCH 40 Conduit, City Standard 6035 - Trench Detail LF 66.63 $ - $ - $ 86CCO1 4" SCH 40 Conduit, City Standard 6035 - Trench Detail LF 71.75 $ - $ - $ 87CCO1 Electrical Pull Box, PG&E Type #2 (17"x30"x26") LF 1,025.00 $ - $ - $ 88CCO1
Pexco City Post (EAC Mount), 36'' Height, white w/ 3 Grey retroreflective strips ( or approved equal) LF 256.25 $ - $ - $ 89CCO1
Pexco City Post (EAC Mount), 18'' Height, white w/ 3 Yellow retroreflective strips ( or approved equal) LF 230.63 $ - $ - $ Estimated Cost 17,578.75 $ Actual Cost - $
Estimate
Tons Unit Price Cost 15% Markup Site Total
$ - 100.00 $ - $ - $
Estimate Total - $
Tons Unit Price Cost 15% Markup Ticket Total
$ - - $ - $ - $
$ - - $ - $ - $
$ - - $ - $ - $
$ - - $ - $ - $
Actual Total - $
Estimate
Est. No. Location Cost
111 Location X - $
222 Location Y - $
$ -
Actual
EW No. Location Cost
111a Location X - $
222b Location Y - $
$ -
Install B
Task
Actual
Actual Total
Estimated Total
1234 Plant
1234 Plant
1234 Plant
Asphalt Concrete Material
Extra Work
Ticket Number and Plant
1234 Plant
Install A
Install B
Task
Install A

Page 437 of 565 ends

Task Order - Paving Estimate
Location
Work
Order Address Description
No.

1.75 2.1 Fog Seal Minor
2 A24 A

50.0 6 12" White Line B
10 1 C
PCC/AC 2 D
8 E
9 F
22 G
29 H
38 I
39 J
39A K
Markers L
Crosswalk M
Bike Lane Buffer N
Green Bike Lane Coating O
Remove Traffic Stripe P
Remove Marking

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Task Order - Concrete Estimate
Location
Work
Order Address Description
No.

Patches
Total
Length
L1 (ft)
Total
Width
W1 (ft)
Tree Well Length
(Deduction)
L2 (ft)
Tree Well Width
(Deduction)
W2 (ft)
Number of
Tree Wells
Other
(Deduction)
L3 (ft)
Other
(Deduction)
W3 (ft)
Area
(ft2)
Mission
Style
Mission
Style Tile
(ft)
Curb and
Gutter (ft)
Curb Ramp
(SF)
Truncated
Domes (SF)
Cross
Gutter
(SF)
Driveway
Ramp (SF)
Repaint
Curb (ft)
1 859 Mission Street Driveway Replacement 1 10 5 50.0 150 Replacement Tree Wells 50.0 Regular 150
4' Mission
5'
6'
Enlarge

Page 439 of 565 ends

Metal Sign
Posts and Sign
(EA) Traffic Control Hours Notes Cover Page Description Minor 48
P 48
Minor 48
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P 48

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Public Works
91 g Palm Street, San Luis 0bispo. CA 93401 -321 I
805 781.7204
slocity.org
February IO,2025
Eric Michaels
l-22L Avenue of Americas
New York, NY 10020
Subject: Second lnformal Notice to Repair Sidewalk - 859 Mission Street, San Luis Obispo Dear Property Owner:

The sidewalk and driveway apron adjacent to your property located at 859 Mission Street in the City of San Luis Obispo has been identified as a dangerous condition and must be mitigated. The City's Streets Maintenance Program has made temporary repairs; however, you as the adjacent property owner are responsible for the permanent repairs in compliance with the City's Engineering Standards.

The City of San Luis Obispo's Municipal Code identifies the improvements between the street line and property line as being the maintenance responsibility of the adjacent property owner. r San Luis Obispo Municipal Code 12.16.020 - Property Owner's Responsibility The mointenonce, repoir and collection of the cost of repoir shall be governed by the procedure set forth in Division 7, Port 3, Chopter 22 of the Streets and Highways Code of the stote. (Prior code I 7330.1)
Public Works Department staff sent you the first lnformal Notice to Correct on tO/17 /2023, with the request to complete the necessary work within L20 days to the satisfaction of the City. After a review of the file and inspection of the property, staff has noted the conditions have not been corrected.

You shall obtain an Encroachment Permit no later than 4/1./2025 and complete the repairs within 30 days of this of the permit issuance.

Failure to comply with the above-stated dates will result in the City issuing a formal Notice to Correct and the work being completed by the City's contractor. lt should be noted, if the work is completed by a City contractor, the work is subject to prevailing wage requirements.

Please feel free to contact me with any questions at [email protected].

Page 441 of 565 ends

Sincerely,
4-t-.

Nehimiah Stephenson
Maintenance Superintendent
Public Works Depa rtment
Attachments: Previous Correspondences, Photos, Sidewalk Brochure, Applicable Streets and Highways Code

Page 442 of 565 ends

Areas of less severe damage are completed as the
next priority, working around the City in a
systematic fashion in advance of the pavingprogram. That can mean the sidewalk will not be replaced for several years. Damage other thanthat caused by street trees needs to be completed by the property owner.

Related to sidewalk repair is clearance and
visibility. When is maintenance required?
o Visibility - When parkway strip shrubbery
interferes with the ability of a driver to see
pedestrians or approaching traffic, either
from a driveway or an intersection, trimming
of shrubs must be completed by the property
owner. Shrubs must be trimmed to a
maximum height of 36", for a minimum
distance of 30' from an intersection'(Municipal Code 10.60 and 17.16.020) r Walkway and Gutter Clearance - Trimming
of ground cover or shrubs is required when
the plants extend onto or over the sidewalk,
gutter, or street.
. Parkway Strip Condition - All tree stumps,
large rocks, trash and holes must be removed
by the property owner. The parkway strip
must be level and holes must be filled and
leveled with dirt or other material.

When is a permit required for landscape
maintenance work?
If the sidewalk or the street must be closed for
the work, a permit is required from Public
Works. Call (805)781-7015 for additional
information. lf a tree is to be removed, a treeremoval permit must be obtained. Applications for tree removal are available on the City's website on the Public Works page www.slocity.org or call781-7220 for additional information.
(, t9 al N (I:i
" t<trx-
@OU)l))t= ^-S) do * g'B.i oq
!,(' P6' s€5 CITYOF
sflnL(IIS
Sidewalk
&
Parkway Strip
Maintenance
Property OwnerResponsibilities
Department of Public Works
805-781-7220
80s-78 1 -701 5
t
t
Rev 1 .1 4.1 3

Page 443 of 565 ends

The Cify receives many requests from citizens to
make repairs to sidewalks. This brochureprovides general information to the public on thissubject.

What is the sidewalk, parkway, and curb and
gutter?
The sidewalk, parkway strip, and curb & gutter
are typically made of concrete and located next
to the street on the front and/or side portion of
your property. The curb and gutter are located at
the edge of the street pavement. The sidewalk iseither separated from the curb by a parkwaystrip, or is located adjacent to the curb.Parkways are sometimes planted or filled in with brick or other materials.Who is responsible for maintenance? The property owner is responsible for properlymaintaining this area (see San Luis ObispoMunicipal Code Section 12.16.020 and Streets and Highway Code Division 7, Part 3, Chapter22). This responsibility includes maintenance of damaged or displaced concrete and abatement of
weeds or debris. While the City may be liable for
injuries to pedestrians that are determined to
have resulted from a dangerous condition of a
public sidewalk, property owners should be
aware that they may also be found liable if it is
determined that their negligence caused someone
to be harmed.

When should property owners consider doing
sidewalk replacement?
Replacement of the sidewalk, curb and gutter
concrete should be considered when one or more
of the following exists:r When there is a vertical difference in height behveen sections of the sidewalk or concrete
parkway strip of 3/4" or more. . Ifthe concrete has broken apart. r ln any instance where the owner has reason
to know that the condition presents a danger
to users, or the owner has observed someonetrip because of damage to the surface.

In addition to damaged sections of sidewalk, curb
and gutter replacement is typically required whensidewalks and driveways are replaced, unless thesidewalk is separated from the curb by a parkway. Patching should be completed when
horizontal openings greater than l/2" exist.What are the options available for completing the work?The City recommends construction of curbs,
gutters, and sidewalks in City streets beperformed by a properly licensed and insuredcontractor. A permit is required for concrete repair. Call (805)781-7015 for permit requirements.Are there inspections and standards for
concrete repair work?Yes, all work and materials must be in conformance with the City of San Luis Obispo
Engineering Standards for Public Works
Construction.Before placing any concrete, you must have any tree root removal approved, and the saw cut,
forms, and base inspected. After approval, a
City-approved concrete mix must be used. Thesurface finish must be a light broom finish with score marks. After the work is completed, you
must call for a final inspection.

A permit is required for all concrete work in thepublic right-of-way. Engineering Standards for construction are available on the City's web site
on the Public Works page www.slocity.org. For
information on obtaining a permit call (805)781-
7015.Is the property owner responsible for repairs
if the concrete damage is caused by a tree?
The City encourages street trees in front of
residences. (Municipal Code 12.24.010) The
property owner is responsible for the
maintenance of the street tree but the City willrepair the sidewalk when the concrete has been damaged by a street tree, as funding is available,and timed with the atea rotation program.

Concrete damaged by trees other than street trees is the responsibility of the property owner.

Maintenance, trimming and replacement of street
trees and shrubs is govemed by Chapter

12.24.110, 12.24.120 and 12.24.150 of the
MunicipalCode.

What measures should be taken to minimize
concrete displacement by tree roots?Certain species of trees may raise concrete if preventative maintenance is not performed. Toreduce the chance of future concrete displacement, trees can be root-pruned. Caremust be taken when root pruning to avoiddamaging underground utilities or destabilizing or harming the tree. This work must be completedby a licensed arborist. Also, deep- watering the tree, that is, applying a slow trickle of waterover a Z4-hour period, encourages deeper root growth which reduces the chance of sidewalkdamage.

If a problem is reported to the City, how long
does it take for a repair?
When a report is made to the City, it is entered
in to the work order program. Subject to the
availability of resources and personnel, the City will attempt to review the site within a week of entry of the work order. If a temporary repair,
such as grinding or ramping the area can bemade, the City will generally attempt to complete that work within fwo weeks. Severe damagecaused by a street tree, which cannot be repaired adequately, will be reconstructed as soon asresources and available personnel allow.

Page 444 of 565 ends

Public Works
91 9 Palm Skeet, San Luis 0bispo. CA S3401 '321 8
805.781.7200
slocity.org
October L7,2023
Eric Michaels
1221 Avenue of Americas
New York, NY 10020
Subject: Notice to Correct Sidewalk & Driveway Apron
APN:001-105-007
Dear Property Owner,
The sidewalk and driveway apron adjacent to your property at 859 Mission St. in the City of San Luis Obispo must be repaired. This is the section of sidewalk at 859 Mission St., and the neighboring driveway apron at 859 Mission St. is considered a dangerous condition that must be mitigated. The condition of the concrete has deteriorated so severely that a temporary repair effort by Public Works staff would fail in a very short time and make the sidewalk more of a hazard. This sidewalk was brought to our attention by a citizen complaint.

72.16.020 Property owner's responsibility - City Municipal Code The mointendnce, repoir, and collection of the cost of repair sholl be governed by the procedure set forth in Division 7, Port 3, Chopter 22 of the Streets ond Highwoys Code of the stote. (Prior code 5 7330.1)
The appropriate sections of the Streets and Highway Code are included as an attachment to this letter.

Below are some incrementaltimeframes to complete the work.

Within 90 calendar days of this letter, you must obtain an encroachment permit from the City to complete the necessary repair work.
a
a
a

Page 445 of 565 ends

a Within 120 calendar days of this letter, you must complete the necessary repair work to the satisfaction of the City.

Sincerely,
Aaron Anderson
Acting Streets Ma intena nce Supervisor
aa [email protected] 805-781-4043
Attachments
L. Attachment l- - Streets and Highway Code - Division 7 , Part 3, Chapter 22, Article 2

2. Photos

3. Sidewalk & Parkway Strip Maintenance brochure
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 anv 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 anv sidewalk in such condition e sidewalk will n sor ition wh hw
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. 5511. When anv oortion of the sidewalk is out of repair or oendine reconst ion and in condition to endanqer persons or oro or in condition to interfere with the oublic ence in the use of such rintendent owner or the
frontins on that portion of such sidewalk so out of repair, to repair the sidewalk. 56t2. 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.

Page 446 of 565 ends

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. ln 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. 56L4. The notice shall rticularlv soecifv what work is ouired to be done. and how it i to be done. and what materials ll be used in the reoair and shall further soecifu that if the reoair i not commenced within two wee after notice is siven and dilisentlv and without interruotion orosec to comoletion. the suoerintendent of shall make such repair. and the cost of the same shall be a lien on the propertv.
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. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, 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. 5515. lf 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 rollof 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.
5615. 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. lf bonds are to be issued, the notice shall also contain the information required by Section 5614.I.
56L7. 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. 5518. 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

Page 447 of 565 ends

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.

Page 448 of 565 ends

Page 449 of 565 ends

Page 450 of 565 ends

Streets and Sidewalk Maintenance JOC - AUTHORIZATION
City of San Luis Obispo
Task Order Details
Work Order No. Nearest Address Description
867 & 875 Mission Driveway Replacement
Replacement of Driveway and sidewalk, creating ada compliance.

Description of Project:

Extra Work $ -
$ 22,390.78
$ 3,731.80
Unit Price Work $ 18,552.50
Asphalt Material $ 106.48
Estimated Costs

Page 451 of 565 ends

Item No. Item Description
Unit of
Measure Unit Price
Estimated
Quantity
Estimated
Cost
Actual
Quantity Final Cost
1CCO1 Edge Grind SQFT 10.25 $ $ - $ -
2CCO1 1.75" Thin Maintenance Overlay SQFT 13.33 $ $ - $ - 3CCO1 2” AC Grind & AC Overlay-1/2'' Aggregate SQFT 41.00 $ $ - $ - 4CCO1 6” AC Pavement - Excavation & Restoration SQFT 9.23 $ $ - $ - 5CCO1 10” AC Pavement - Excavation & Restoration SQFT 13.33 $ $ - $ - 6CCO1 8” PCC with 3” max AC Cap - Excavation & Restoration SQFT 29.73 $ 50 1,486.25 $ $ - 7CCO1 Class II Aggregate TON 87.13 $ $ - $ -
8CCO1 Trench Backfill Sand TON 76.88 $ $ - $ -
9CCO1 AC Dike - Caltrans A87B LF $ 23.58 $ - $ -
10CCO1 Pavement Reinforcing Fabric SQYD 71.75 $ $ - $ - 11CCO1 Geo Textile Grid SQYD 51.25 $ $ - $ -
12CCO1 Fog Seal SQYD 25.63 $ $ - $ -
13CCO1 Pavement Marking-Caltrans A24 SQFT 18.45 $ $ - $ - 14CCO1 12'' White Line Limit Line LF $ 20.50 $ - $ -
15CCO1 Traffic Stripe-Caltrans A20A Detail 1 LF $ 20.50 $ - $ - 16CCO1 Traffic Stripe - Caltrans A20A Detail 2 LF $ 20.50 $ - $ - 17CCO1 Traffic Stripe - Caltrans A20A Detail 8 LF $ 20.50 $ - $ - 18CCO1 Traffic Stripe - Caltrans A20A Detail 9 LF $ 20.50 $ - $ - 19CCO1 Traffic Stripe - Caltrans A20B Detail 22 LF $ 23.58 $ - $ - 20CCO1 Traffic Stripe - Caltrans A20D Detail 29 LF $ 23.58 $ - $ - 21CCO1 Traffic Stripe - Caltrans A20D Detail 38 LF $ 23.58 $ - $ - 22CCO1 Traffic Stripe - Caltrans A20D Detail 39 LF $ 23.58 $ - $ - 23CCO1 Traffic Stripe - Caltrans A20D Detail 39A LF $ 23.58 $ - $ - 24CCO1 Reflective Pavement Marker-All Types EA 35.88 $ $ - $ - 25CCO1 Hi-Vis-Crosswalk-STD 7350 LF $ 307.50 $ - $ -
26CCO1 Bike Lane Buffer LF $ 30.75 $ - $ -
27CCO1 Green Bike Lane Coating-STD 7360 SQFT $ 51.25 $ - $ - 28CCO1 Remove Traffic Stripe LF $ 15.38 $ - $ -
29CCO1 Remove Pavement Marking SQFT 15.38 $ $ - $ -
30CCO1 Remove & Replace Sidewalk - Std. 4110 (Area Under 60 SQFT) SQFT 71.75 $ 50 3,587.50 $ $ - 31CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - 60 to 180 SQFT) SQFT 61.50 $ $ - $ - 32CCO1 Remove & Replace Sidewalk - Std. 4110 (Area - over 180 SQFT) SQFT 51.25 $ $ - $ - 33CCO1 Remove & Replace Curb and Gutter - Std. 4030 LF $ 92.25 $ - $ - 34CCO1 Remove & Replace Curb Ramp - Std. 4440 SQFT 24.60 $ $ - $ - 35CCO1 Remove & Replace Cross Gutter - Std. 4310 SQFT 205.00 $ $ - $ - 36CCO1 Remove & Replace Driveway Ramp - Std. 2110,2111,2115,2116 SQFT 35.88 $ 250 8,968.75 $ $ - 37CCO1 Mission Style PCC Coloring and Salt Finish SQFT 6.15 $ $ - $ - 38CCO1 Mission Style Tile Installation per Std. 4220 LF $ 71.75 $ - $ - 39CCO1 Single Mission Tile Installation - Std. 4220 EA 82.00 $ $ - $ - 40CCO1 Replace Truncated Domes - Std. 4440 SQFT 71.75 $ $ - $ - 41CCO1 Repaint Curb LF $ 6.15 $ -
42CCO1 Furnish & Install Metal Post - Std. 7210 EA 666.25 $ $ - $ - 43CCO1 Furnish & Install Metal Post - Std. 7215 EA 717.50 $ $ - $ - 44CCO1 Furnish and Install Sign EA 512.50 $ $ - $ -
45CCO1 Reconstruct Guardrail - Caltrans A77A1 LF 512.50 $ $ - $ - 46CCO1 Furnish and Install Tree Well - Std. 8130, 4'x4' EA 5,125.00 $ $ - $ - 47CCO1 Furnish and Install Tree Well - Std. 8130, 5'x5' EA 5,945.00 $ $ - $ - 48CCO1 Furnish and Install Tree Well - Std. 8130, 6'x6' EA 7,175.00 $ $ - $ - 49CCO1 Enlarge Tree Grate Opening EA 256.25 $ $ - $ -
50CCO1 Catch Basin - Std. 3350 EA 15,375.00 $ $ - $ -
51CCO1 Catch Basin - Std. 3355 EA 18,450.00 $ $ - $ -
52CCO1 Catch Basin - Std. 3355A EA 12,300.00 $ $ - $ -
53CCO1 Catch Basin - Std. 3360 EA 18,450.00 $ $ - $ -
54CCO1 Adjust Utility Cover - Std. 6040 EA 768.75 $ $ - $ - 55CCO1 Manhole Frame and Cover Replacement - Std. 6040 EA 2,562.50 $ $ - $ - 56CCO1 Manhole Replacement - Std. 3530 or 6610 EA 13,325.00 $ $ - $ - 57CCO1 Manhole Coating EA 30,750.00 $ $ - $ -
58CCO1 Construct Well / Cleanout - G5 - Std. 6710 EA 1,230.00 $ $ - $ - 59CCO1 Potholing (Depth - 0’ to 4') EA 666.25 $ $ - $ - 60CCO1 Potholing (Depth - 4' to 8') EA 973.75 $ $ - $ - 61CCO1 Potholing (Depth - 8'+) EA 1,332.50 $ $ - $ -
62CCO1 Pipe Excavation & Restoration (Depth - 0’ to 2.5’) LF 205.00 $ $ - $ - 63CCO1 Pipe Excavation & Restoration (Depth - 2.5’ to 8.5’) Shoring Required LF 410.00 $ $ - $ - 64CCO1 Pipe Excavation & Restoration (Depth - 8.5’+) Shoring Required LF 666.25 $ $ - $ - 65CCO1 Traffic Control - Eng. Std. Appendix G – Fig A HR 133.25 $ $ - $ - 66CCO1 Traffic Control - Eng. Std. Appendix G – Fig B HR 256.25 $ $ - $ - 67CCO1 Traffic Control - Eng. Std. Appendix G – Fig C HR 205.00 $ $ - $ - 68CCO1 Traffic Control - Eng. Std. Appendix G – Fig D HR 256.25 $ $ - $ - 69CCO1 Traffic Control - Eng. Std. Appendix G – Fig E HR 153.75 $ $ - $ - 70CCO1 Traffic Control - Eng. Std. Appendix G – Fig F HR 205.00 $ $ - $ - 71CCO1 Traffic Control - Eng. Std. Appendix G – Fig G HR 205.00 $ $ - $ - 72CCO1 Traffic Control - Eng. Std. Appendix G – Fig H HR 153.75 $ $ - $ - 73CCO1 Traffic Control - Eng. Std. Appendix G – Fig I HR 205.00 $ $ - $ - 74CCO1 Traffic Control - Eng. Std. Appendix G – Fig J HR 205.00 $ $ - $ - 75CCO1 Traffic Control - Eng. Std. Appendix G – Fig K HR 169.13 $ $ - $ - 76CCO1 Traffic Control - Eng. Std. Appendix G – Fig L HR 358.75 $ $ - $ - 77CCO1 Traffic Control - Eng. Std. Appendix G – Fig M HR 133.25 $ $ - $ - 78CCO1 Traffic Control - Eng. Std. Appendix G – Fig N HR 256.25 $ $ - $ - 79CCO1 Traffic Control - Eng. Std. Appendix G – Fig O HR 287.00 $ $ - $ - 80CCO1 Traffic Control - Eng. Std. Appendix G – Fig P HR 102.50 $ 8 $ 820.00 $ - Unit Price Contract Work

Page 452 of 565 ends

81CCO1 Minor Traffic Control HR 76.88 $ 48 3,690.00 $ $ - 82CCO1 Abandon and Grout (E) Sanitary Sewer with Flowable Fill CY 153.75 $ $ - $ - 83CCO1 2" SCH 40 Conduit, 2-Sac Concrete Capped LF $ 61.50 $ - $ - 84CCO1 4" SCH 40 Conduit, 2-Sac Concrete Capped LF $ 66.63 $ - $ - 85CCO1 2" SCH 40 Conduit, City Standard 6035 - Trench Detail LF $ 66.63 $ - $ - 86CCO1 4" SCH 40 Conduit, City Standard 6035 - Trench Detail LF $ 71.75 $ - $ - 87CCO1 Electrical Pull Box, PG&E Type #2 (17"x30"x26") LF 1,025.00 $ $ - $ - 88CCO1
Pexco City Post (EAC Mount), 36'' Height, white w/ 3 Grey retroreflective strips ( or approved equal) LF 256.25 $ $ - $ - 89CCO1
Pexco City Post (EAC Mount), 18'' Height, white w/ 3 Yellow retroreflective strips ( or approved equal) LF 230.63 $ $ - $ - Estimated Cost 18,552.50 $ Actual Cost - $
Estimate
Tons Unit Price Cost 15% Markup Site Total

0.93 100.00 $ $ 92.59 $ 106.48 13.89 $
Estimate Total 106.48 $
Tons Unit Price Cost 15% Markup Ticket Total
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
$ - $ - $ - $ -
Actual Total - $
Estimate
Est. No. Location Cost
111 Location X $ -
222 Location Y $ -
$ -
Actual
EW No. Location Cost
111a Location X $ -
222b Location Y $ -
$ -
Install B
Task
Actual
Actual Total
Estimated Total
1234 Plant
1234 Plant
1234 Plant
Asphalt Concrete Material
Extra Work
Ticket Number and Plant
1234 Plant
Install A
Install B
Task
Install A

Page 453 of 565 ends

Task Order - Paving Estimate
Location
Work
Order Address Description
No.

1.75 Fog Seal Minor
2 A24 A
6 12" White Line B
10 1 C

50.0 PCC/AC 2 D
8 E
9 F
22 G
29 H
38 I
39 J
39A K
Markers L
Crosswalk M
Bike Lane Buffer N
Green Bike Lane Coating O
Remove Traffic Stripe P
Remove Marking

Page 454 of 565 ends

Task Order - Concrete Estimate
Location
Work
Order Address Description
No.

Patches
Total
Length
L1 (ft)
Total
Width
W1 (ft)
Tree Well Length
(Deduction)
L2 (ft)
Tree Well Width
(Deduction)
W2 (ft)
Number of
Tree Wells
Other
(Deduction)
L3 (ft)
Other
(Deduction)
W3 (ft)
Area
(ft2)
Mission
Style
Mission
Style Tile
(ft)
Curb and
Gutter (ft)
Curb Ramp
(SF)
Truncated
Domes (SF)
Cross
Gutter
(SF)
Driveway
Ramp (SF)
Repaint
Curb (ft)
1 867 Mission Driveway Replacement 1 10 5 50.0 250
Replacement Tree Wells 50.0 Regular 250
4' Mission
5'
6'
Enlarge

Page 455 of 565 ends

Metal Sign
Posts and Sign
(EA) Traffic Control Hours Notes Cover Page Description Minor 48
P 8
Minor 48
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P 8

Page 456 of 565 ends

Public Works
919 Palm Street, San Luis obisp0. CA S3401 -321 B
805 /81 7200
slociE.orq
February I0,2025
INGODWE Trust
867 Mission St.

San Luis Obispo, CA 93405
Subject: Second lnformal Noticd to Repair Sidewalk - 867 Mission St., San Luis Obispo Dear Property Owner
The sidewalk and driveway apron adjacent to your property located at 867 Mission St in the City of San Luis Obispo has been identified as a dangerous condition and must be mitigated. The City's Streets Maintenance Program has made temporary repairs; however, you as the adjacent property owner are responsible for the permanent repairs in compliance with the City's Engineering Standards.

The City of San Luis Obispo's Municipal Code identifies the improvements between the street line and property line as being the maintenance responsibility of the adjacent property owner. . San Luis Obispo Municipal Code 12.16.020 - Property Owner's Responsibility The maintenonce, repair and collection of the cost of repoir sholl be governed by the procedure set forth in Division 7, Port 3, Chopter 22 of the Steets ond Highwoys Code of the stote. (Prior code g 7330.1-)
Public Works Department staff sent you the first lnformal Notice to Correct on 10/17 /2023, with the request to complete the necessary work within 120 days to the satisfaction of the City. After a review of the file and inspection of the property, staff has noted the conditions have not been corrected.

You shall obtain an Encroachment Permit no later than 4/1.12025 and complete the repairs within 30 days of this of the permit issuance.

Failure to comply with the above-stated dates will result in the City issuing a formal Notice to Correct and the work being completed by the City's contractor. lt should be noted, if the work is completed by a City contractor, the work is subject to prevailing wage requirements.

Please feelfree to contact me with any questions at [email protected].

Page 457 of 565 ends

Sincerely,
Nehimiah Stephenson
Maintenance SuPerintendent
Public Works DePartment
Attachments: previous Correspondences, Photos, Sidewalk Brochure, Applicable Streets and Highways Code

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Arcas of'less severe damage are cornpleted as the
next priority, working around the City in asysternatic l'ashion in advance of the pavingprograrn" 'l'hat can nrean the sidewalk will not be replaced lbr several years. Darnage other thanthat caused by street trees needs to be completed by the properry owner.

Related to sidewalk repair is clearance and
visibility. When is maintenance required?
. Visibility When parkway strip shrubbery
interlbres with the ability of a driver to see
pedestnans or approaching traftrc. either
tiorn a driveway or an itrtersc-ctiorr, trilnnring
of'shrubs nrust be cornpleted by the property
owner. Shrubs rllust be trirnlned to amaxirnurn height of 36", fbr a minimurndistance o1' 30' fiorn arl intersection.(MLrnicipal Llode 10.60 and 11.lr6.020) . Walkway and Cutter Clearance - 'lrirnmirrg
of'ground cover or shrubs is required whenthe plants extend onto or over the sidewalk, gutter, or street.
r Parkway Strip Condition - All tree slulxps,
large rocks. trash and holes rrrust be removed
by the property owner. 'Ihe parkway striltnrust be ievel and holes nrust be filled and leveled with dirt or other nraterial.

When is a permit required for landscape
maintenance work?
11'the sidewalk or the street nlLlst be closed for
the work, a permit is required frotn Public
Works. Call (805)781-7015 fbr additional
irrfbrrration. lf a tree is to be retnoved. a tree
removal perrnit rnust be obtained. Applicatiorrs
lor tree removal are available on the City's web
site on lhe Public Works page www.slocity.orgor call 78 1-1220 fbr additiorral infbrrnation. (rual
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Sidewalk
&
Parkway Strip
Maintenance
Property OwnerResponsibilities
Department of Public Works
805-78 t-7220
805-781-7015

Page 459 of 565 ends

l'he City recerves rnany requests irorr citizerrs ttr
nrake repairs to sidewalks. 'l'his brochureprovides gerreral inforrnatiorr to the public orr this sub.ject.

What is the sidewalk, parkway, and curb and
gutter?
l he sidewalk. parkway strip" and curb & gutter
are typically rnade of concrete and located nextto the street on the front and/or side portion of your property. '['he curb and gutter are located at
the edge of the street pavement. The sidewalk iscither separated fiom the curb by a parkwaystrip. or is located adjacerrt to the curb.

Parkways are sornetirnes planted or fllled in with
brick or othcr materials.Who is responsible for maintenance? 'l'he property owner is responsible for properlyrrraintaining this area (see Sarr L.uis Obispo MLrnicipal Code Section 12.16.020 and Streets
and llighway (lode Divisiorr 7, Pafi 3. Chapter22). l'his responsibility inclr-rdes rlaintenance ol'darnaged or displaced concrete and abatement o1'weeds or debris. While the City may be liable for in.juries to pedestriarrs that are deternr irred to
have lesulted frorn a dangerous condition of a
pLrblic sidewalk, property owners should beawarc that they rnav also be found liable if it is dcternrined that their negligerrce caused soulconeto be harrrcd.

When should property owners consider doing
sidewalk replacement?
Replacernent of the sidewalk, curb and gutter
concrete should be considered when one or rroreof' the fbllowing exists: . When there is a vertical ditl-erence rn lreight between sections of the sidewalk or concreteparkway strip o1'3/4" or nttlre. . ll'the concrete has brokerr apart. r ln any instance where the owner has reasolr
to krrow that the corrdition presents a dauger
to Llsers. or the owner has observcd somconetrip because o1-darnage to the surflace. ln addition to darnaged sections o1'sidewalk, curb
and gutter replacerrent is typically required whensidewalks and driveways are replaced. unless thesidewalk is separated fiorl the curb by a parkway. Patching should be cornpleted whenhorizontal opcnings greater than l/2" exist.

What are the options available for completing
the work?
1'he Clity recornmends construction ol cirrbs,
gutters, ancl sidewalks irr C ity streets be
perforrned by a properly licensed arrd insr,rred
contractor. A perrlit is required ftrr concreterepair. Call (805)781-7015 for permitreq uirerre nts.Are there inspections and stanclards for concrete repair work?
Yes. all work and rrraterials musl be in
confirrr.nance with the (iity of' San [.uis Obispo
frrrgineering Stanclards tbr Public Worl<s
(lonstruction.

Bef<lre placing any concrete. you must have any
tree root removal approved, and the saw cut,
forms, and base inspected. Alier approval, a
City-approved concrete rlix r.rrust be Lrsed. Thesr"rrfbce linish rnust be a light brotlnr finish withscore niarks. After the wol'k is conrpleted, you must call lirr a tlnal irrspection.

A perrrit is required firr all concrete work in thepublic right-ot'-way. [rngineering Stanc'lards for construction are available on the City's web site
cln the Public Works page www,slocity.org. For
inforrrration on obtaining a perrlit call (805)781-
7015.
ls the propcrty owner responsible for repairs
if the concrete tlarnage is caused by a tree?
1'he City encourages street trees in fiont olresidences. (MLrnicipal Code 12.24.010) I'he property owner is responsible filr the
maintenance of the street tree but the City will
repair the sidewalk when the concrete has been
damaged by a street tree, as funcling is available.
and tirrred with 1he area rotation prograrn.

Concrete darnaged by trees other tharr street trees is the responsibility ol' the property owner, Maintenance, h'irrrnring and replacement of street
trees ancl slrrubs is governed by Chapter

12.24.110. .2.24.120 and 12.24.150 of' the
MLrnicipal Code,
What measures should be taken lo minimrz.e
concrete displacement by tree roots?Llertain species of trees rnay raise concrete i1'preventative r.naintenance is not perfbrrned. I'oreduce the chance o1' flutLrre concrele displacernerrt, trees can be root-prLrned. Care
r.nust be taken wlren root pnrning to avoid
darnaging undergrourrd utilities or destabilizingor harmirrg the tree. -l'his work must be conrpleteclby a licensed arborist. Also, deep- watering the tree, that is. applying a slow trickle ol' waterover a 24-hour period, encouragss cleepcr rool growth which redirces the chance of' sidewalkdamage.
lf a problem is reported to the City, how long
does it take for a repair?
When a report is nrade to the City" it is enteredin to the wclrk order prograrn. SLrb.ject 1o the availability of resoulces and perst>nnel. the City
will attempt to review the site within a week ot'
entry of the work order. lf a ternporary repair,such as grindirrg or ramping the area can bernade. the City wili generally attempt to completethat work witlrin two weeks. Severe darlagecaused by a street tree, which cannol bc repaired aclequately, will be reconstrucled as soon asrcsourccs and available personnel allow.

Page 460 of 565 ends

Public Works
919 Palm Streel. San Luis Olrisp0. CA 93401'321 I
805./81.7200
sl0c'ty.0rg
October 17,2023
INGODWE Trust
867 Mission St.

San Luis Obispo, CA 93405
Subject: Notice to Correct Sidewalk & Driveway Apron
APN:001-105-008
Dear Property Owner,
The sidewalk and driveway apron adjacent to your property at 867 Mission St. in the City of San Luis Obispo must be repaired. This is the section of sidewalk at 867 Mission St., and the neighboring driveway apron at867 Mission St. is considered a dangerous condition that must be mitigated. The condition of the concrete has deteriorated so severely that a temporary repair effort by Public Works staff would fail in a very short time and make the sidewalk more of a hazard. This sidewalk was brought to our attention by a citizen complaint.

72.76.020 Property owner's responsibility - City Municipal Code The maintenonce, repoir, ond collection of the cost of repoir shall be governed by the procedure set forth in Division 7, Port 3, Chapter 22 of the Streets ond Highwoys Code of the stote. (Prior code 5 7330.1-)
The appropriate sections of the Streets and Highway Code are included as an attachment to this letter.

Below are some incremental timeframes to complete the work.

Within 90 calendar days of this letter, you must obtain an encroachment permit from the City to complete the necessary repair work.
a
a

Page 461 of 565 ends

a Within 120 calendar days of this letter, you must complete the necessary repair work to the satisfaction of the City.

This repair work can be costly; if you prefer to propose alternate timeframes for consideration, please submit those in writing to me within 30 calendar days of this letter. Failure to comply with this request could lead to formal Notices to Correct being issued with accelerated repair timeframes as required by the Streets and Highways Code.

Sincerely,
Aaron Anderson
Acting Streets Ma intena nce Su pervisor
aa nd e rso (dslocitv.ors 805-78 1-4043
Attachments:

L Attachment l- - Streets and Highway Code - Division 7, ParI3, Chapter 22, Arlicle 2

2. Photos

3. Sidewalk & Parkway Strip Maintenance brochure
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 anV 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 anv lk in such condition that the sidewa will not endanser oersons or o pertv and maintain it in a conditi on which will not interfere with the pub lic 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. 5511. When anv oortion of the sidewalk is out of reo ir or pending recon struction and in condition to endanAer Persons or prooertv or in condition to interfere with the public convenience in the use of such sidewalk. the su erintendent of streets shall notifv the owner or oerson in oossessi of the orooertv frontins on t t portion of such sidewalk so out of repair. to reoa ir the sidewalk. 56!2. 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.

Page 462 of 565 ends

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 L0 inches in size, to be posted in a conspicuous place on the property. ln 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 L0 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. 5514. The notice shall particularlv specifv 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 specifv that if the repair is not commenced within two weeks after notice is given and diligentlv and without interruption prosecuted to comPletion, +ha cr rnarinfanr{ant nf cf ch all make e,,ah ranrir rnr{ f ha rncf nf f ho ca me shall l.ra r lian nn tha propertv.
5614.L. 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. ln such event, the notice to repair shall specify that bonds shall be issued to represent the security of the unpaid assessments, 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. lf 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 rollof 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.
5516. 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. lf bonds are to be issued, the notice shall also contain the information required by Section 56t4.1,.
56L7. 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

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Page 465 of 565 ends

Page 466 of 565 ends

From: Stephenson, Nemo
To: "K K"
Cc: Cruce, Greg
Subject: RE: 867 Mission Street (sidewalk)
Date: Wednesday, March 19, 2025 3:52:00 PM
Attachments: image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
Good afternoon Mr. and Mrs. Kelley,
Thank you for making time to meet with us yesterday to discuss the Notice to Correct and sidewalk conditions adjacent to your property at 867 Mission St. During our site visit, you informed us you do not agree with staff’s determination and asked what the appropriate next steps were to resolve this. In this email, I’ll include contact information for the Public Works Director, Assistant City Manager, and City Manager. You can contact them directly to inform them of any concerns you have. As mentioned yesterday, there will also be an opportunity to speak directly to Council prior to or at the May 20, 2025, meeting when this item is scheduled for a public hearing.

Matt Horn, Director of Public Works [email protected]
Scott Collins, Assistant City Manager [email protected] Whitney McDonald, City Manager [email protected]
I appreciate your time and please feel free to contact me with additional questions.

Nemo Stephenson
Maintenance Superintendent
City of San Luis Obispo
Public Works
Signals and Streets
25 Prado Road, San Luis Obispo, CA 93401-7314
E [email protected]
T 805.783.7813
C 805.439.7016
slocity.org
Stay connected with the City by signing up for e-notifications From: Stephenson, Nemo
Sent: Wednesday, March 12, 2025 8:53 AM
To: K K <[email protected]>
Cc: Cruce, Greg <[email protected]>; Gutierrez, Anthony <[email protected]>

Page 467 of 565 ends

Subject: RE: 867 Mission Street (sidewalk)
Good morning Mr. and Mrs. Kelley,
Thank you for making time to meet with us.

I am confirming that we will meet with you on March 18th, 2025, at 10:00am at the address of 867 Mission St, San Luis Obispo.

Have a great rest of your week,
Nemo Stephenson
Maintenance Superintendent
City of San Luis Obispo
Public Works
Signals and Streets
25 Prado Road, San Luis Obispo, CA 93401-7314
E [email protected]
T 805.783.7813
C 805.439.7016
slocity.org
Stay connected with the City by signing up for e-notifications From: K K <[email protected]>
Sent: Tuesday, March 11, 2025 5:59 PM
To: Stephenson, Nemo <[email protected]>
Subject: Re: 867 Mission Street (sidewalk)
Mr. Stephenson,
Thank you for your response. We would like to meet you in front of our home at 867 Mission St on March 18th, 2024 at 10am per your message to further discuss the sidewalk topic.

Please confirm this works for you and we will add to our calendar.

Thank you,
The Kelleys
From: Stephenson, Nemo <[email protected]>

Page 468 of 565 ends

Sent: Thursday, March 6, 2025 1:23 PM
To: K K <[email protected]>
Cc: Cruce, Greg <[email protected]>
Subject: RE: 867 Mission Street (sidewalk)
Kalvin and Cynthia Kelley,
I am responding to confirm receipt of your email and answer your questions regarding the Notice of Correction.

The Notice of Correction letter that was sent to you on 2/10/2025, is a second notice to make sidewalk repairs adjacent to your property. Public Works Department staff sent you the first Informal Notice to Correct on 10/17/2023, with the request to complete the necessary work within 120 days to the satisfaction of the City. I understand you met with Mr. Anderson who was filling in as Supervisor in an interim basis, and I will be your point of contact moving forward. After a review of the file and inspection of the property, staff has noted the conditions have not been corrected.

I am providing Q&A as follows:

1. We are requesting information on who we can meet with from the city to discuss opposing perspectives.

1. I would be happy to meet with you to discuss the repairs being required.

2. Is there a dispute coordinator? What are the formal channels that a resident has available?

1. Greg Cruce is the Deputy Director of Maintenance Operations. He and I can schedule a meeting with you to coordinate any dispute. We would like the opportunity to discuss available options residents have.

3. Does the city manager address such issues?

1. The City Manager appoints Department Heads who staff report to. The City Manager does not have daily direct involvement with issues like this but is aware of policy. My recommendation would be to meet with Public Works staff (myself and Greg Cruce) and elevate any concerns after this meeting to the Public Works Director, Matt Horn.

4. Please let us know in writing what is available to residents.

1. Meeting with myself as the Maintenance Superintendent and the Public Works Deputy Director is a great option to work towards a resolution.

Page 469 of 565 ends

We are available to meet with you on the following dates and times. If these times are inconvenient, please give us some alternative options.

1. Tuesday 3/18/25 at 10:00am

2. Wednesday 3/19/25 at 3:00pm
For your review, I have also included a copy of the City Council Agenda packet from 2013 when the City Council adopted the current sidewalk program.

Thank you,
Nehemiah Stephenson
Nemo Stephenson
Maintenance Superintendent
City of San Luis Obispo
Public Works
Signals and Streets
25 Prado Road, San Luis Obispo, CA 93401-7314
E [email protected]
T 805.783.7813
C 805.439.7016
slocity.org
Stay connected with the City by signing up for e-notifications From: K K <[email protected]>
Sent: Wednesday, March 5, 2025 12:31 PM
To: Stephenson, Nemo <[email protected]>
Subject: 867 Mission Street (sidewalk)

Page 470 of 565 ends

This message is from an External Source. Use caution when deciding to open attachments, click links, or respond.

To: Nehimiah Stephenson, Maintenance Superintendent City of San Luis Obispo Public Works
From: Kalvin and Cynthia Kelley (InGodwe Trust)
Subject: 867 Mission Street (sidewalk)
Dear Mr. Stephenson,
We are writing in response to the letter we received from you dated February 10, 2025. The letter states that our sidewalk and driveway apron are in a “dangerous condition” and the City’s Streets Maintenance Program has made temporary repairs. Our formal reply is that we do not agree with either of these statements. Our sidewalk is not in a dangerous condition. It does not “endanger persons or property” nor does it “interfere with public convenience.” We stated this in our written response to a similar letter from Aaron Anderson, Acting Streets Maintenance Supervisor, dated October 17, 2023. The 2023 letter had two photos attached.

One photo showed the front of our house with the focus on the road condition rather than our sidewalk. The other photo’s focus was on our neighbor’s driveway apron, rather than on ours. We met with Mr. Anderson in person at our location in November, 2023 for him to point out any “dangerous conditions” within our property lines, but he was unable to identify any. We considered the matter closed so we were surprised to receive another letter basically stating the same facts as the first letter. Your letter also stated the city has made temporary repairs on our sidewalk, which is not accurate. No work has been done by the city on our sidewalk section.

We are requesting information on who we can meet with from the city to discuss opposing perspectives. Is there a dispute coordinator? What are the formal channels that a resident has available? Does the city manager address such issues? Please let us know in writing what is available to residents.

Can you also please confirm receipt of this letter?
Thank you,
Kalvin and Cynthia Kelley

Page 471 of 565 ends

From: slohappy2
To: Anderson, Aaron
Subject: RE: Sidewalk letter receipt and extension request.

Date: Wednesday, November 15, 2023 1:47:16 PM
Sounds good!
Thanks
-------- Original message --------
From: "Anderson, Aaron"
Date: 11/15/23 1:39 PM (GMT-08:00)
To: slohappy2
Subject: RE: Sidewalk letter receipt and extension request.

Hello,
I’m in a meeting until about 2 PM. I may be able to come by directly after and will call you to confirm. I’ll be in touch soon.

From: slohappy2
Sent: Wednesday, November 15, 2023 1:31 PM
To: Anderson, Aaron
Subject: RE: Sidewalk letter receipt and extension request.

Aaron,
Thanks for the message. We can meet now until 2:30 pm today. Are you still available? Thanks
The Kelley's
805 458 7291
-------- Original message --------
From: "Anderson, Aaron" <[email protected]>
Date: 11/15/23 9:54 AM (GMT-08:00)
To: slohappy2 <[email protected]>
Subject: RE: Sidewalk letter receipt and extension request.

Kalvin & Cynthia,
I’d be happy to meet you at your property and answer any questions you have. I have some availability today from 2:30 -4:30 PM and Thursday from 8 AM-10:30 AM and Thursday

Page 472 of 565 ends

San Luis Obispo City CouncilMay 20, 2025

San Luis Obispo City Council
May 20, 2025