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Home My WebLink AboutMINUTES - 01311989 - S.2 S. 2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 31 , 1989 by the following vote: AYES: Supervisors Powers , Fanden, Schroder, McPeak $ Torlakson NOES: None ABSENT: None ABSTAIN: None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: Drainage Complaint in Diablo Area. Supervisor Schroder brought to the attention of the Board a report he has received from J. Michael Walford, Public Works Director relative to a drainage complaint at 130 El Centro, Diablo. A copy of the report is attached and included as a part of this document. IT IS BY THE BOARD ORDERED that receipt of the report is ACKNOWLEDGED. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: J A N 3 �yyF�} . Cf ccPublic Works Director PHIL BATCHELOR, erk of the Board • County Administrator of Supervisors and County Administrator By i4��4�1�.Lt -44411 , Deputy VICTOR J.WESTMAN OFFICE OF COUNTY COUNSEL DEPUTIES: COUNTY COUNSEL SHARON L.ANDERSON SILVANO B.MARCHESI CONTRA COSTA COUNTY DIANE A.BAKER ANDREA W.CASSIDY ARTHUR W.WALENTA JR. VICKIE L.DAWES ASSISTANTS COUNTY ADMINISTRATIONBUILDING LILLIAN T.FUJII P.O.BOX 69 KEVIN T KERRNNIS C. AVES MICHAEL D.FARR EDWARD V.LANE.JR. MARTINEZ,CALIFORNIA 94553-0006 MARY ANN MCNETT PRINCIPAL DEPUTIES PHONE(4 t 5)94.6-2074J.RA 2074 PAUL R. January 5, 1989 VALERIE J. NCHE DAVID F.SCHMIDT DIANA J.SILVER Robert 1. Schroder .L Supervisor, District .3 J _ 510 LaGonda Way Danville, CA 94526 C Re: Clay & Susan Allen 130 E1 Centro, Diablo (APN 195-270-018) Status of possible County Ordinance Code Violations Dear Supervisor Schroder: At the conclusion of the meeting held in your office October 27, 1988 at which you, Virginia Ramelli, Clay Allen, Neil Cooper, their attorneys, representatives from Building Inspection, Community Development and this office were present, you requested this office to furnish you with a status report concerning possible drainage/grading problems on the property. Ben Townley of Public Works Flood Control Maintenance has investigated the site and will send his report to you within One week. I believe that Mr. Cooper was present during the inspection. Apparently, there are no drainage or grading problems but it will be necessary for the Allens to obtain a encroachment permit to verify that creek capacity has not been decreased as a result of the deck construction. As we discussed at the October 27 meeting, the County may not investigate alleged setback or other related zoning violation allegations until the property line issue is resolved between the parties or by court order, e.g. , in a quiet title action. When you receive Mr. Tovmlev's report, wruld you prefer to place the matter on the Board's agenda or should this matter be handled by other means? Please advise. Very truly yours, Victor J. Westman Couty Cu 1 By: Diana J. Silver Deputy County Counsel DJS/jh cc: Bill Martindale, Building Inspection RECEIVED Ben Townley, Public Works JAN 61989 SUPERVISOR SCHRODER S, 2 PUBUc W eARHfflWr DAZE: , 1988 TO: Supexvisor Robert Schroder, District III Fxx: J. Michael Walford, Public Works Director / SUBJMCr: Drainage Ccuplaint, 130 El Centro, Diablo/'Z/APN 195-270-018 On October 31, 1988 our Flood Control Division received a drainage complaint in reference to the above mentioned parcel located in Diablo. An inspection of the creek area behind 130 E1 Centro revealed that rock had been placed in the creek and that a deck had been constructed over a portion of the creek. We are concerned that the capacity of the creek may have been decreased and are requesting that the property owners obtain an encroachment permit as outlined in our letter of November 3, 1988 (copy attached) . As part of the permit process, our Flood Control Division will check the adequacy of the creek modifications with regard to storm runoff. The lawyers representing the property owners have written to us and have assured us that a permit will be obtained. A copy of their letter of November 25, 1988 is attached for your information. As of this date no permit has been applied for. If you have any questions please call Ben Townley of our Maintenance Division at 646-4184. JMW:BT:pc elcentro.t12 Attach. VzECEIVED cc: Members-Board of supervisors D. Silver, County Counsel Flood Control SUPERVISOR SCHRODER J.AchRef Watford Contra Public Works Director Costa Public Works Department County 253 Giacer Drive fdton F.Kubicek Vtarnnez. CA 94553-4S97 Deputy DRe=r -Maurice E Atc; Deputy Dire=; November 3, 1988 Our File: APN 195-270-018 Clay and Susan Allen P.O . Box 317 Diablo, CA 94528 Dear Mr. and Mrs. Allen: It has been brought to our attention that a possible violation of the drainage ordinance exists on your property located at 130 El Centro in Diablo. The possible violation is rip-rap material has been placed in the creek and a deck has been built over the creek. This has the potential to flood your property and other properties ad,;acent to the creek. You may be held responsible for any damage resulting from this condition. You could also be found in violation of Division 1010 of the County Ordinance Code. PIease abate this condition as soon as possible or contact us by November 19, 1988 to discuss the situation. Typically, work done in a creek regyires a drainage permit prior to proceeding. Please contact 1(r. Ed King, Permit Engineer, at 646-4470 to determine if a permit is necessary. If you have any questions, please call Ben Townley at 646-4184. Very truly yours, Phillip L. Harrington Senior Civil Engineer Maintenance Oivision PLH/BT/pc allen.tll cc: Flood Control RECEIVED j E. King, Engineering Services T. Borman, Maint. JAN 61989 0. Silver, County Counsel 11/21/88 Tickle File SUPERVISOR SCHRODER 1 I i LAW OFFICES OF THIESSEN, GAGEN & McCOY BRIAN D. .GAG N. A PROFESSIONAL CORPORATION VICTDR J.C CARTER WILLIAM E.GAGEN.JA. VICTOR J.CONTI GREGORY L MCCOY 279 FRONT STREET ROBERT M.FANUCCI PATRICK J.MCMAHON P.O.BOX 218 KENNETH J.FISHBACH M.SUE GREICAR DANVILLE.CALIFORNIA 94528-0218 RICHARD A.FRANKEL MARK L ARMSTRONG BARBARA DUVAL JEWELL UNN K.COOMBS TELEPHONE(415)937-0585 CHARLES A.KOSS STEPHEN W.THOMAS CAROLE A.LAW r FAX(415)838.5985 CYNTHIA LOVE MAREK %RCi4c:J.MARKOWITZ OF COUNSEL DIRECT DIAL ExL N DOLORES S.SARGENT EVELYN SPIROU WILLIAM W.BASSETT SUE GOUGE WILLIAMSJOHN B.CLAUSEN November 25, 198$ Mr. Phillip L. Harrington RECEIVED Senior Civil Engineer Maintenance Division ,JAN C- 1989 Public Works Department Contra Costa County SUPERVISOR SCHRODER 255 Glacier Drive Martinez , CA 94553-4897 Re: Public Works Department File No. APN 195-270-018 Dear Mr. Harrington: Our offices have been representing Mr. and Mrs . Clay and Susan Allen, whose properties at 130 E1 Centro in Diablo regarding matters dealing with their construction of a deck and related work in the location gre cited in your November 3 , 1988 letter. I would appreciate your addressing a copy of any letters to the Allens directly to us so that we can be of assistance in this matter. I have requested that Mr. Allen contact the civil engineer who advised on these matters and have him contact you directly. We anticipate that the engineer will be contacting you shortly to )� arrange for the applicable permitting that you have discussed in your letter of November 3 , 1988 . Please consider this letter to be the response to your request that we contact you, and also our expression of willingness to cooperate in whatever measures are deemed necessary. I also appreciated the opportunity to talk with you briefly by phone to confirm that we are taking this approach. So that all involved will be aware that we want to work with you on this matter, I am sending copies to each of the offices referred to in your letter of November 3 , 1988 . For reference, I just wanted to mention that the deck in question replaced a previous deck that had been built over the entire creek; 'S' • � 1 Mr. Phillip L. Harrington November 25 , 1988 Page 2 the present deck extends only part way across where the previous deck extended all the way across to a fence on the far side of the creekbed. For this reason, we believe that the demolition of the previous deck by the Allens, and its replacement with the substantially smaller deck that is now in place, reduced, rather than increasing, any potential of problems from the creek. Naturally we will defer to the civil engineers that will be representing the Allens and look forward to resolving this matter on a"! cooperative basis. Please feel free to call at -any time if you have any questions regarding the progress of this matter. Very truly yours, THIESSEN,, GAGEN & Mc COY A Professional Corporation Kenneth J. Fishbach KJF:ek cc: Mr. Ed King, Engineering Services Mr. Ben Townley, Road Maintenance Div. T. Borman, Maintenance Flood Control D. Silver, County Counsel 39-19699