HomeMy WebLinkAboutMINUTES - 07281998 - D7 D.7
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Date: July 28, 1998 Matter of Record
SUBJECT: Public Comment
On this date, the Board of Supervisors heard comments from the
following people:
Rev. Curtis A. Timmons, Inter-Denominational Ministries Alliance of
Pittsburg, P.O. Box 8213, regarding child care centers in East
Contra Costa County;
Ruth Roots, 3 Marchant Gardens, Kensington, regarding Ordinance 84-3
pertaining to tree owners and the obscuring of views;
Henrietta Griffitts, 2102 Bryce Drive, Martinez, on facilities for homeless
families;
Charee Lord, Director, St. Vincent de Paul, Walnut Creek, on a housing
and Urban Development appplication for homeless families;
Gwen Watson, 306 Maverick Court, Lafayette, on facilities for homeless
families.
THIS IS A MATTER FOR RECORD PURPOSES ONLY
NO BOARD ACTION WAS TAKEN
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What is Good and What is Bad with Ord. 84-3?
Ordinance 84-3, which is for Kensington specifically and pertains to the
maintenance of views and the preservation of trees for their benefits such as
shading, habitats for wild life, and aesthetic beauty, was passed by the County
Board of Supervisors in 1984. The ordinance is written with careful balance for
the rights of tree owners and the rights of view claimants. Additionally, the
articles in the ordinance cover a set of standards to be fulfilled, conflict resolution
procedures, and cost burdens [Article 816-2.806 (1) and (2)]. Presumably all
articles must be respected in order to make use of the ordinance; however, in the
case where the tree owner who is in full compliance with the ordinance is denied
initiation for arbitration by the view claimant and where the view claimant instead
insists on litigation to settle the conflict, the tree owner's rightsdisappear and
certainly the rights of cost burdens under clause (2) in the above article disappear.
Clause (2) states that for trees existing before 1984, the resolution)costs are to be
borne by the view claimant. If a tree owner is forced into litigation through no
fault of his own, tree owners who are not financially well off, or are elderly, or in
poor health such that court attendance may be a hardship, are being discriminated
against since they may have to abandon defence through no fault of their own.
An amendment is urgently needed to Ord. 84-3 before a dangerous precedent is set
whereby litigation is permitted to become the preferred way for settlement of
disputes arising from this ordinance. Clearly, if tree owners who are in full
compliance with the ordinance can be forced into lawsuits by wealthy view
claimants, the balance which appears to exist in the ordinance really is not there.
FROM : MLC t`ERST' PHONE NO. 510 7ge 6030 Jul. 26 199E 01:P DIPM Pc
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Average afth age 36 ire
Average up of children 7.5 years
Average stay In thdtenr 60 days
Avery Family dxt 3.9
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Aver"adult age 35 Averap adult aw 39
20 ddldren A29 thUdren
2.2 cE l4ros per family 2.6 Mdren per family
Averap 14P cbflde+m 6-1 yr. Averap arc eiidldren 7.9 yr.
AVWW l g*SWkr stay 43 days Averap kso Sholter stay 39 days
Average 14mue SM.Per mod Aver"*kxmw$6670.Per month.
Antioch We Caucasian 46%
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PkWxu-g 22% Afro-Amer 27%
Coamd 51% Native-Amer 7%
Rkbwmd 12%
out State 3%
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