HomeMy WebLinkAboutMINUTES - 08191986 - 2.2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 19 , 1986 , by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers
NOES% None
ABSENT: None
ABSTAIN: None
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SUBJECT: Appeal of Administrative Decision to Require
Removal of Fence at 16 Kerr Avenue, Kensington
On July 29 , 1986 the Board continued to this date an
appeal of a Public Works Department Maintenance Division administra-
tive decision to require removal of a fence at 16 Kerr Avenue,
Kensington.
Milton Kubicek, Deputy Public Works Director, recommended
that the subject fence be removed because it is an illegal encroach-
ment on County right-of-way and presents a potential traffic hazard.
Sande Waters Lubash, the property owner at 16 Kerr Avenue,
Kensington, advised the Board that prior to construction of the
fence in December 1985 she had been informed by an employee of the
Public Works Department that if the fence was under 6 feet tall and
17 feet from the center line of the road no permit was required.
She noted that after construction of the fence, she has had numerous
contacts with the Public Works Department, the latest being a letter
dated July 3 , 1986 informing her that the fence would have to be '.
removed because it was a sight obstruction and traffic hazard. Ms.
Lubash disagreed that the fence is a sight obstruction and presented
the Board with photographs showing the exact location of the fence.
Mr. Kubicek advised that his department is concerned with
the potential liability of the County, since the fence is right up
to the curb and there is no place to get off the street to avoid
oncoming traffic.
Responding to an inquiry from Supervisor Powers as to the
feasibility of the property owner assuming the liability, Victor J.
Westman, County Counsel, advised that it would be possible for the
property owner to get an encroachment permit to maintain the fence
within the road right-of-way with a condition of the permit being
that she agree to assume the liability.
Supervisor Powers recommended that the matter be referred
to the Community Development Department to work with the property
owner on the application for an encroachment permit and appropriate
conditions.
IT IS BY THE BOARD ORDERED that the recommendation of
Supervisor Powers is APPROVED.
1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board cf Supervisors on the date shown.
CC : Sande Waters Lubash ATTESTED: _L.7_d_(t_
Community Development Director rml. BATCH ori, cierl: of the Board
Public Works Director of supervisors and County Administrator
County Counsel
County Administrator.
By , Deputy