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HomeMy WebLinkAboutMINUTES - 11191996 - SD.6 • TO: BOARD OF SUPERVISORS Contra FROM: Finance Committee Costa �4 DATE: November 19, 1996 f �N `_` Count SUBJECT: LOVE-A-CHILD MINISTRIES CODE ENFORCEMENT ISSUES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. ACCEPT the attached report from the Building Inspection Department describing the code enforcement issues with the ministries and efforts to resolve those issues. 2. POSTPONE the abatement of properties located on the site of Love-a-Child Ministries in Bay Point, contingent on payment of fees as described in recommendation three. 3. REQUIRE appropriate officials from Love-a-Child Ministries to apply for required permits and to pay permit fees at an amount of�$1,000 per month to the Building Inspection Department beginning December 1, 1996, with payments to continue until all required fees are paid. 4. AUTHORIZE a loan of approximately $25,000 from Keller Mitigation Funds to be paid to the Building Inspection Department for fees owed by the Ministries, and require the Department to pay back the loan as 'payments are received from the Ministries. 5, REQUEST County Counsel to prepare a deed of trust for the mobile homes to act as colateral for the loan of funds. ; 6. REMIND Love-a-Child Ministries that the application does not guarantee local community support for the use permit nor does it guarantee use permit approval. CONTINUED ON ATTACHMENT: YES SIGNATURE: nn s RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER i SIGNATURE(S): Mark DeSaulnier Tom Toplakson ACTION OF BOARD ON November 19 , 1996 APPROVED AS RECOMMENDED X OTHER X Jerome Knott, Love-A-Child Ministries, 2301 Willow Pass Road; Bay Point, and Jack Kiner, Love-A-Child Ministries, 2279 Willow Pass Road, Bay Point, commented on the issues presented. All speakers desiring to speak having been heard, IT IS BY THE BOARD ORDERED that Recommendation:.Nos. 1,2,3,4 and 6 are APPROVED; Recommendation No. 5 is AMENDED by replacing the words "mobile homes" with the words "real property" for the loan collateral; ADDED a Recommendation No. 7 DIRECTING Love-A-Child Ministries -to submit a short-term.-an(I l_cng-term plan for future fiscal planning; and ADDED a Recommendation No. 8 DIRECTING staff to verify that the collateral provided by Love-A-Child Ministries is a real and unincumbered asset prior::•to the loan being issued. r VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X_UNANIMOUS(ABSENT - ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED November 19 , 1996 Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF CC: Frank Lew SUPERVISORS ANDACOUNTY ADMINISTRATOR Val Alexeeff John Gregory Love-a-Child Ministries BY DEPUTY Bay Point MAC Page 2 BACKGROUND: The Committee reviewed this item at the October 29 meeting. Testimony was taken from two representatives from the Ministries, a representative from the Bay Point Municipal Advisory Committee and several county staff involved with code enforcement efforts. The Director of the Growth Management and Economic Development Agency presented the attached report describing the issues. The Committee recommended that the Building Inspection Department postpone abatement procedures one month and allow the Ministries to apply for the various permits listed in the attached staff report. The Ministries would be required to pay the permit fees at a level of$1,000 per month beginning December 1, 1996 and if not paid by December 10, 1996, would be considered delinquent. The Committee recommended that Keller Canyon mitigation funds be paid to the Building Inspection Department for fees owed by the Ministries, with the monies to be paid back to the Keller Fund as payments are received from the Ministries. The Committee recommended that staff consider some sort of security arrangement from the Ministries for payment to the Keller Loan. OFFICE OF THE COUNTY ADMINISTRATOR CONTRA COSTA COUNTY Administration Building 651 Pine Street, 11th Floor Martinez, CA 94553 DATE: October 23, 1996 TO: Supervisor Mark Desaulnier Supervisor Tom Torlakson FROM: I Alexeeff, Director of GMEDA n T. Gregory, Deputy County Administrator SUBJECT: FINANCE COMMITTEE REPORT ON LOVE-A-CHILD MINISTRIES This item was referred to the Finance Committee at the Board of Supervisors meeting on October 8, 1996. It has been established by legal precedent that if a land use can be judged to be philanthropic or beneficial to a community, it still must follow legal requirements and principles. The cause does not elevate a use above the law or legal requirements. In the end, the entire use must have a use permit (rather than individual permits for individual items) and the conditions of this use permit must be fulfilled. The code enforcement for this operation was difficult due to lack of cooperation. Significant time was expended by code enforcement staff. The matter had to be brought to abatement before the applicant could be induced to cooperate. Therefore, the penalty attached to the permit is fully justified based on costs incurred. Since GMEDA departments do not receive general funds and are pay-as-you-go, staff work that does not receive compensation places the department into financial jeopardy. This is the case for this application. Fees cannot be waived unless the requirements for work can be waived. The following is a breakdown of the estimated fees to legalize Love-A-Child Ministries homeless recovery program facility in Bay Point: TYPE OF PERMIT FEE Development Plan/Land Use Permit $11,835 Public Works Traffic Mitigation $ 4,183 Sanitation District $ 2,671 Building Permit (if two story building) $ 6,285 Fire District $ 498 School District $ 431 TOTAL $25,903 There are two possible funding sources that can be approached for payment of fees: 1. Keller Mitigation Funds, since the location is in Bay Point. 2. Bay Point Redevelopment, which is empowered to pay fees. A letter of request will need to be written to Jim Kennedy, Redevelopment Director, explaining the project, benefit to the community and any local, state, federal funding it receives. Keller Canyon requests can be tumed into the Finance Committee with information similar to the Redevelopment Agency, the request should be tumed in as soon as possible since the lack of a received application by December 1, 1996 will force resumption of abatement. The pending abatement procedure will continue immediately on or after December 1, 1996, should no application be made. All illegal occupancy of mobile homes should cease and desist, effective immediately, i.e. illegal and unauthorized utility hookups disconnected. As a result of this application, mobile homes located on the subject property should be removed if they are not part of the intended future facility. This needs to be determined as a result of today's discussion. Inability of program to fund fees does excuse need to comply. The payment of all fees does not guarantee application approval and may still result in abatement. Funding cycles should not be an excuse for delay. The deadline for appropriate permit applications should be held firm, since this project has received numerous complaints, and has a longstanding period of noncompliance. JTG:cgb lovachld.mmo cc: Claude Van Marter, Assistant County Administrator Frank Lew, Building Inspection Director Eileen Doten, Manager, Applications and Permit Center Micki Perez, Chief, Property Conservation OFFICE OF THE COUNTY ADMINISTRATOR CONTRA COSTA COUNTY Administration Building 651 Pine Street, 11th Floor Martinez, CA 94553 DATE: October 23, 1996 TO: Supervisor Mark Desaulnier ,,11 Supervisor Tom Torlakson FROM: 41 Alexeeff, Director of GMEDA n T. Gregory, Deputy County Administrator SUBJECT: FINANCE COMMITTEE REPORT ON LOVE-A-CHILD MINISTRIES This item was referred to the Finance Committee at the Board of Supervisors meeting on October 8, 1996. It has been established by legal precedent that if a land use can be judged to be philanthropic or beneficial to a community, it still must follow legal requirements and principles. The cause does not elevate a use above the law or legal requirements. In the end, the entire use must have a use permit (rather than individual permits for individual items) and the conditions of this use permit must be fulfilled. The code enforcement for this operation was difficult, due to lack of cooperation. Significant time was expended by code enforcement staff. The matter had to be brought to abatement before the applicant could be induced to cooperate. Therefore, the penalty attached to the permit is fully justified based on costs incurred. Since GMEDA departments do not receive general funds and are pay-as-you-go, staff work that does not receive compensation places the department into financial jeopardy. This is the case for this application. Fees cannot be waived unless the requirements for work can be waived. The following is a breakdown of the estimated fees to legalize Love-A-Child Ministries homeless recovery program facility in Bay Point: TYPE OF PERMIT FEE Development Plan/Land Use Permit $ 11,835 Public Works Traffic Mitigation $ 4,183 Sanitation District $ 2,671 Building Permit (if two story building) $ 6,285 Fire District $ 498 School District $ 431 TOTAL $ 25,903 i There are two possible funding sources that can be approached for payment of fees: 1. Keller Mitigation Funds, since the location is in Bay Point. 2. Bay Point Redevelopment, which is empowered to pay fees. A letter of request will need to be written to Jim Kennedy, Redevelopment Director, explaining the project, benefit to the community and any local, state, federal funding it receives. Keller Canyon requests can be turned into the Finance Committee with information similar to the Redevelopment Agency, the request should be turned in as soon as possible since the lack of a received application by December 1, 1996 will force resumption of abatement. The pending abatement procedure will continue immediately on or after December 1, 1996, should no application be made. All illegal occupancy of mobile homes should cease and desist, effective immediately, i.e. illegal and unauthorized utility hookups disconnected. As a result of this application, mobile homes located on the subject property should be removed if they are not part of the intended future facility. This needs to be determined as a result of today's discussion. Inability of program to fund fees does excuse need to comply. The payment of all fees does not guarantee application approval and may still result in abatement. Funding cycles should not be an excuse for delay. The deadline for appropriate permit applications should be held firm, since this project has received numerous complaints, and has a longstanding period of noncompliance. JTG:cgb (ovachtd.mmo cc: Claude Van Marter, Assistant County Administrator Frank Lew, Building Inspection Director Eileen Doten, Manager, Applications and Permit Center Micki Perez, Chief, Property Conservation