Santa Margarita Road Project (atascadero) Promises, Promises

Space: Public Works stated that property lines and fences are encroaching into the proposed space required to construct the 4 ft. shoulder. Based on the Grand Jury’s review of the project drawings, the County Streets and Highways Codes, and a legal interpretation of County right-of-way law, we do not believe that the Public Works space argument is valid because: (cid:154) The code states that “the term highway includes all or any part of the entire width of right-of-way of a county highway, whether or not such entire area is actually used for highway purposes”. (cid:154) In this case, the County right-of-way extends far beyond the area needed for the 4 ft. shoulder. (cid:154) The code also states that “if a fence or other physical structure does encroach into the County right-of-way, the Director of Public works may issue an encroachment permit under Chapter 5.5 of Division 2 of the Streets and Highways Code”. The code also states: “that the Director of Public Works may immediately remove, or by notice may require the removal of an encroachment which obstructs or prevents the use of a county highway by the public”. The Safety Issue: People walking on the proposed 4 ft. path would have to cross the road at La Pradera to access the pathway. There is a blind corner just before La Pradera Road traveling west on Santa Margarita Road. This situation eliminates the possibility of 2007-2008 San Luis Obispo County Grand Jury Report SANTA MARGARITA ROAD PROJECT (ATASCADERO) Page: 5 installing a marked crosswalk at this location due to safety concerns according to Public Works. During the Santa Margarita Road Project, residents and property owners raised a number of issues and concerns. Most of the concerns have been addressed, corrected or dismissed by Public Works. The major remaining outstanding issue, the construction of a shoulder, has yet to be resolved to the satisfaction of several residents and property owners living in the area of Santa Margarita Road. FINDING Public Works made a commitment, in writing, to residents and property owners to include a 4 ft. shoulder as part of the Santa Margarita Road Project. To date the shoulder has not been installed on the easterly 300 feet of the roadway. Further, there has been no communication from Public Works officials to residents and property owners as to why the 4 ft. shoulder has not been constructed.