HomeMy WebLinkAboutMINUTES - 01191999 - D1 D.'1
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
DATE: January 19, 1999 MATTER OF RECORD
SUBJECT: Public Comment
The following persons presented testimony:
Al Accurso, 1980 Ayers Road, Concord, on County and City permits
for the sewer extension on Ayers Road, Concord;
Bette Johnson, Families, Employment, Resources and
Services Together (FERST), 3232 S. Francisco Way, Antioch,
requesting additional funds for an emergency family shelter
program in the County;
Gwen Watson, FERST, 306 Maverick Court, Lafayette, on the need
for additional funds for emergency family shelter for County
residents;
Mr. Freeman, 1316 Wanda, Crockett, expressing support for the
Industrial Safety Ordinance.
---�' ALFRED J. ACCURSO
1980 AYERS RD
CONCORD,CA 9452-'-- 1� � } � TEL {510}687-0621
Fax . 925 j 825,L5672
FAX
Januar I-r i 999
Contra Costa County
Attn: County Counsel Fax No.646-1078
Public Works Dept. Fax No.313-2333 '•- '� h Li.G'V 4 Ln.-
City of Concord
Attn: Engineering Fax No 671-3203 o4T7`N At,' �A$ cv tu:
City Attorney h1two l �i
RE: County and City Permits for the Sewer Main Project in
Ayers Road at Myrtle Drive - Unincorporated Concord Area
Reference is made to permits issued to Contractor/Applicant,
Drain Patrol, for this sewer project and to my previous
correspondence objecting to the permits issued for this sewer
work.
As you will recall , one of my main objections to the issuance
of the permits was that the Contractor/Applicant, brain Patrol,
was not licensed to do the work covered by the permit and
therefore was ineligible by County ordinance and State law to
apply for or receive a permit.
I have been advised, as of this date, that the State of
California, through the State Contractor ' s License Board, finds
that the Contractor, Drain Patrol , is not licensed to do the
work covered by your permits . You will be receiving
communications from Mr. Stewart Rind of the State Contractor' s
License Board, Enforcement Unit concerning this unlicensed work
and it ' s termination. You can reach Mr Rind at (408)277-9452.
After your communication with Mr. Rind, please advise me what
action you propose to take.
Yours truly,
Alfre . Accurso
cc: Supervisor DeSaulnier Note: This memo is sent to all
Canciamilla Supervisors to keep them
Gerber advised of the current status
Uilkema of this matter re my previous
Gioia fax and that I intend to speak
on this matter at the next
Board meeting.
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�f
ALFRED J. ACCURSO
1980 AYERS RD
CONCORD,CA 94521 TEL(510)687-0621
January 8, 1999 FAX
Contra Costa County
Attn: County Counsel Fax No.646-1078
Public Works Dept. Fax No.313-2333
City of Concord
Attn: Engineering Fax No 671-3203
City Attorney
RE: County and City Permits for the Ayers Road Sewer Matter.
Ayers Road at Myrtle Drive in the unincorporated Concord area.
Reference my previous correspondance on this matter objecting to the
issuance of permits and requesting the work be held in abeyance
pending resolving the irregularities/illegalities surrounding this
sewer matter.
Over the last two weeks since I desperately wrote and called you
regarding this matter, I have had a chance to sort out and put my
complaints and requests into a more comprehensive and cohesive form,
which I am forwarding herewith.
I protest the issuance of the permits for the subject sewer project
and request the permits be rescinded and the work stopped immediately
and no further permits or revised permits be issued on the basis of
the following:
1 . MISREPRESENTATION
Application for permits/entitlements were submitted on false
basis:
A. Contractor/Applicant, Drain Patrol, does not have proper
license to do sewer work applied for. Contractor/
Applicant, Drain Patrol, misled and deceived County and
City when it applied for a permit to do work it was not
licensed to do. Applicant was improperly issued a permit .
B. Change of plans from what was originally designed and bid
on by Contractor/Applicant, Drain Patrol, was not
authorized by one of the plan owners.
The unauthorized plan revisions changed the sewer project
from 800 feet to 600 feet.
Such unauthorized plan change unlawfully excluded one of
the plan owners from the sewer project.
C. Contractor/Applicant, Drain Patrol , did not have approval
or permission from part owner of plans to submit changed
,plans for permits that excluded part owner from project .
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January 6, 1999 �~/ N
Page 2. Ayers Road Sewer - Permit Protest :
2. EXTORTION - PROFITEERING - GIFT OF PUBLIC FUNDS
Changes/modifications of sewer plans from 800 feet, as was
originally planned and bid, to 600 feet, were initiated as a
scheme to profit from public facilities, ie, public roadway and
public sewer line.
A. Efforts by private party to "sell" (charge a fee for) the
privilege of participating in the sewer extension project.
B. If the participant declined to pay the fee, the sewer line
project would be revised to exclude his property.
C. Because I refused to pay the fee asked, $10,000, the sewer
project was changed, without my approval or authorization,
from 800 feet to 600 feet, thereby excluding my property
from participating in a sewer line project that I paid a
portion of the cost of the engineering plans.
D. It is a well known principle that private parties may not
profit from public facilities; besides being an outrage to
public sensibilities, it is considered to be a "gift of
public funds" which is prohibited by law.
3. PERMIT PROCESS INCOMPLETE AND FLAWED-THEREFORE INVALID
Permit process did not comply with state law. The application
for the subject permits did not provide for proper licensing
requirements and notices required by state law prior to issuance
of the permits.
A. Pursuant to state law, under Business and Professions
Code, Div. 3, Chapter 9, section 7031 . 6; License Required
For Construction Permit, Contractor/Applicant, Drain
Patrol , did not provide, and the County and the City did
not obtain from Contractor/Applicant, a statement signed
by Contractor/Applicant stating that Applicant is licensed
for the work covered by the permit.
The State Contractor' s License Board confirms that the
Contractor/Applicant, Drain Patrol, does not have the
license required for the work allowed under the permits
issued by the County and the City.
B. Contractor/Applicant, Drain Patrol, does not have and did
not provide the County and City required Cal-OSHA permits
and is currently working in the county road without them.
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January 6, 1999 :r' r�
Page 3 . Ayers Read Sewer - Permit Protest.
C. County ' s permit form is flawed. It does not conform to
the county' s Ordinance Code, Title 10, Chapter 1002-4,
section 1002-4. 002 which requires that the County' s
application form for permits shall contain a provision for
{ the name of the contractor and his license number. The
County ' s permit form issued for this matter does not
contain that provision and the contractor ' s license number
as required. Therefore the County ' s permit for this work
is flawed and invalid.
By utilizing this non-conforming form and proceedure, the
County does not know if the Applicant is licensed or
capable to do the permitted work. This is not good.
Allowing work to proceed under county jurisdiction in
public areas under such inadequate basis and procedures
subjects me and the general public to unwarranted exposure
to unsafe conditions and public resources to unnecessary
exposure to liabilities. I, for one, as an individual and
county taxpayer, object to this.
4. OBSERVED WORK VIOLATIONS IN PERMIT AREA
County Ordinance Code, Title 10, section 1002-8. 036, Tree
Trimming and Tree Removal; sets forth that tree trimming or tree
removal require a County permit .
A. Substantial tree trimming and tree removal has been done in
the last few days, without the required permits, in
connection with the sewer work, in the vicinity of 1960
Ayers Road. Whats the county inspector doing?
5. DISCRIMINATION AND DISPARATE TREATMENT
To allow this sewer work to proceed pursuant to permits issued
under flawed procedures, contrary to state law, misrepresentation
and without proper licenses reeks of discrimination and disparate
treatment when others are required to fully comply properly and
completely with City, County and State ordinances and
requirements.
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Al
January 6, 1999
Page 4. Ayers Road Sewer - Permit Protest
SUMMATION
s The irregularities cited above clearly show that this sewer matter was
not processed right.
The problem can be easily solved by recinding the invalid permits and
allowing the sewer line to be installed to its full length as was
originally intended and designed.
But for the greed and animosity of one ,person, the sewer project has
been misapplied, to the severe detriment of those who are being
excluded and those who are being extorted. Please don' t allow this
wrong to prevail. I urge those responsible persons who receive
this request to do whats right, stop this travesty and put things
right.
Because the work is currently proceeding rapidly, it is urgent that
some action be taken on this matter immediatly.
Yourrs�+ truly,
Alfred J.Accurso
cc: Supervisor DeSaulnier � Note. This memo is sent to all
Canciamilla Supervisors in the hope that this
Uilkema request will not be disregarded.
Gerber At
Gioia " Also to advise the supervisors that
I will appear at the next supervisor ' s
meeting and request to speak on this
matter. Attached is copy of my
unsuccessful 1--4-99 fax for some
back-ground.
OL
Are 4a-a�o
.. a
.yet I
sV .°
CONTRAMORS LICENSE LAW
Compensation prohibited
7031 00 person engaged in the business or acting)in the cap
a contractor,may bring sir maintain any action in any hurt of this stats
the Collection of compensation for the performance of act or 00
for which a license is required by this chapter without a�legln9 and pr
that he was a duly iicensed contractor at all times during the
of such act or Contract, except that such prohibition shall not appilr
contractors who are each individually licensed under this Chapter but
tail to comply with Section 7029.
E.k'7'RACT FROM THE PUBLIC Cat?mmAcr Cad'DE
License Requlrnd for Award of Contact on State projects
1016:4: In s1l state '
projects arhere federal funds are Involved, no�
submined shell be Invalidated by the failure of the bidder to be aycaarraa
in accordance avlth the laws of this state.HOwever,at the tirtse the Ear
is awarded, the C*ntrector shed be Pmpwt*kv,%ed in eras athe taws of this state 77* ffr�at payment for work car rr eteriarlcin
contract shall not be made by the CCmtrollabir unless and ttrtay#ai'te Re pl
Of Contractors cerOSS to the Controller Haat UM records of tate Con
IM State License Board k) cate that the Contractor was props*I
Caned at the time arra contract was swsrrded.Any bidder or Contractor it
so licensed Mall be subject to at/109411 perraltras IMPOSedbylsw,incluall
but not&Wted to, arty appropriate disciplinaaly action by the Connors
State License Bawd: The department shell kidude a stetenaharnt to tiara
effect In the standard form of prefquelfflcstlon a7ue►sticutrtalre and&rani#
statement FAdurs of the bidder to obtain proper and acuate ftensirl
for on award Of a contract shall constitute a failuras to axecute the Ct
On&
as provided in Section 10 1$1 and shall result in the forfeit,ofthee MU*
of the bidder,
(AntarndA d by Sats. iare3.ChWor 810.)
it iosa�s+ar R*quir*d for Construction permit
7"031.5. Each county or adty which raaguires the issuance of s permit of
a s;onditi eCeden her C ,at#eraatio
. traapaar n. went,aiertta►
Applicant for such a all10 Casa e e that
of a a which he has prepared and ark as iss
— r OW- trorrisionat of it"chminfAr
Ver of a caart" and stating that at is In 11 orce aaaa*ad effect, or, i
a Wlk'anti Is exomp from the P Bions of thla chapter.the tSasGe for tit!
alleged exemption. _ IAny N
violation of this sectionby any applicant for a Permit shalt be sated a�
to a axil penalty of not Moro than five huratred dollars
MY or County Permits I S 6
a
to regulate
power
in this chapter shah limit the �+or W ta< i
quality and character of installations mads by oattraa ton f l z 1
through a"Stem of rntlts and in
compliance,with and aid in the moons are d to secure
enforcement of applicable state and iocai
.................................... ... .
"Title 10
PUBLIC WORKS AND FLOOD CONTROL
PERMITS 1002.4.002-1002.4.010
Chapter 1002.4 corrections,and notes will be made on the map,
plat, sketch, diagram, or similar exhi
01!04149 MON 15:04 FAX 520 848 2578 Contra Costa Counts` APC PUBLIC WORKS Q002
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMMNT
APPLICATION AND PEEIMT CENTER
651 PINE STREET,2ND FLt, O14 NORTH VM(;,MARTMEZs CA 94553
PHONE:925-646-1.607 FAX:925-646-1576
ENCROACH1t M T PERKM to work in accordance with Title 10 of the Ordinance Code of Contra
Cada County,County Ordinance Specilications and any Special Requirements shown or listed herein.
Permittee: PAT90 L-
Address:
CitylStatel�p: < Q
TeltphoneMia •. +
Phrase read beak sides of this Permit carefully and keep It at the work site.
Exo r_"n Date: This Permit expires on u e 1v Mql q _ . If your work is not completed
by this date„you must acquire anew permit. r'
Ym
ondi
tions:
1. IF WORK is performed ydttrout a aerml ft fee:ball be dMlbk the amount per fee schedule or a RlWinxtT3i of$300.
2. IP this permit is for as EXCA"VA71ON in the County road right-of-way,it is not valid without s current USA ilumber.
i 3. ARRANOR for an VMS=0X by phoning 92 122 at toast 48 hours before you begin work. WORK,DONS
Wn OUT N07MCATION IS SUBn=TO A PENALTY Olt$100.
\ 4. TBE INSPRt"'TOR.ray mod*this,permit to meet field conditions,
S. SEMON3 414 III,;and IV on the back side of this permit apply. PLEASE READ.
6. ANY MONLlM1M+P1'S removed,or disturbed,shall be replaced using surveying practices acceptable to the County Surveyor,
contsot 92.S-3132314.
7. TO ARRA NOR for a REFUND of fee or bond deposits,schedule a final inspection by phoning 935-313-2320. Refunds will
be made 20 d from the date'work is accepted.
Map, Put dfu-01r.
The Permittee agrees to save, indesz n*and hold harmless the County of Contra Costa, its representatives,and employees from all
liabilities imposed by law by reason of injury to or death of any parson or persons,or damage to property which may arises out of the
work covered by this paradt,and does agree to defend the County in any claim or action asserting such. Accepting this permit or
starting any work hmunder shall constitute acceptance and agreement to each and all of the conditions and requirements of this
permi
01/04/90 HON 15.04 FAX $10 646 1516 Contra co'stsa< County ATC 444 P�I$I.1C WI RKS titttlll3::„:.
IIENERAL INSTRUCTIDlgS
1. WORK MUST OE INSPECTED.Can S2fi•313.2324 at toast 48 hours before starting a resuming work. The Inspector will setwof all tpresOW. Work dote whbout
Inspection may bsva to bs strayed of dens aver again.
2. PROTECTION•Prawido acrd=in*enough barrleaies,lights,allies,tlognun end other safety memo to protect the public, In accordance with the State
Oaperunent of Traospertetion Manuel of Traffic Camtrals far Construction and Maintenance Work Zones tCurromt Edltianl.
3. TRAAFHC•A County read may not he closed to potgc traffic without the approval of the Board of Supervisors. While working,keep an 10-foot wide traffic lane
spat to trafRo;at ail other tbsas,two 10-foot wile Innes shin be open.
4. STANDARDS•Work tdtag be in accordance whk Use County Standard Specifications and Standard Dfevvin gL
8. UTILITIES•Utility relocations Is the responsibility Of the pernrtse.
a. UNDERGROUND SERVICE ALERT WN.Most be Contacted prior to exCovoting in a County road right of way. Telephone SOM2.2444. Any work found le
progress without a"Rd LISA number will be out dawn and the roadway cleared.
7. INSPECTION CHARGE$•WR be billed to whomwer takes out the pamit» Any exceptions must be resolved before the permit Is issued.
SPECIAL REttUIREMENTS-DRIVEWAYS(THE DRIVEWAY SHALL BE CONSTRUCTED FROM EDGE OF PAVEMENT TO P1lDPtRTY LINE)
1. Mini atim driveway construction thou consist of two lochu of asphalt pavemant on six Inches of Cissa 2 Aggregats Baso. Concrete driveway$within ft County
rand right of way shag consist of a minimum of tax Inches of Clan 3 camcrefa aver three inches of Class 2 Aggregate$sae. Tho driveway he to bo eloped to prevent
thaat flaw from cressing ahs rood and shot at Imatfus with drainage of coast erosion or deposition an silt.
2. The driveway sbo8 net anter a roadway within five fees of existing or plannd Cart fstares,shag not In6tftrs with t legal encroachment or cresta a hued at
oultanee,and shop be quad to mob maximum strut patting svABebte.
3e, The top elevation of driveway five fast behind Curb Is to be 0.60 fast 17114 Inchl higher than the flow to of the gutter.
3b. The driveway elevation at the property gat shell be within eat foot of the elevation of the not shoulder and shag merge with the shoulder to preserve the rosdbod
section.
4. It existing drivswey,depression Is eat used,It shag bt completely,towed(curb,gutter and sidew*4 by saw art at amt meant expansion joint at room mark turd
replaced with concrete to conform to a scont Improvements•form board to be used at guttor 4 and the pavement mtmd with asphalt eontxsttr.Sidewalk and
curb VAM it mpland theta be doweled. dee CM110)
6. Exbtrag rush ad gutter,or awiJr,gutter and sid walk shell be famoved for full width of driveway with saw out at ad M azppatiaa joint or an mat ate
t CC306)A form bond must be used at the gutter 4 and the pivameat restated with asphalt concrete, The naw sidewalk end'ctwh shell to doweled. (Sun CC 3068)
8a Shape a valley gutter scross the driveway. The flow line sbsg much the flow go of existing raid”ditcb.
6b inste6 s ssrivirt for fob width of utrRrswsy. Tills Ctdvert ht to Oars told is the flaw tint grids of�etelstLtg rasdtlda•ditch. On(y earugated gatxariite11 uu►tai,Cc�rugatad
alusddrtaan pipe er re6tfereustl concrete papa tray Ore used.
The chart siu it hood an the reverse Ad s of permit.
7. The drivoway,will regtue the use of a tamplsts to determine acceptable clearances. The tatplats will be 13'6"tmq end have two sirs-ird promo from its
bottom phut,an located three feat and ant five feat from to and. This template shag be used to central fbdtehad grades.
8. Ali broken curbs.gutters and sidowa0ts that be completely removed by saw cot at nearest expansion joint or scorn mark and replaced to true grade and area.
section,The new tuns and shiawalit sball be doweled,
SPECIAL REQUIREMENTS•STREET CUTS(See County Standard Specifications for Detailed Requiromentol.
1. TRENCH EXCAVATION-Be eat start Wel p€pt and Other material ON at tete site. Open up only that length of trench whM an be tsckfibd the tams,day. Rating
shag comply with trrxtaltt govooment safety orders. Pavement shag be scotod to nest fines. Removal shag not cause damage to pAvarrurm outs#d#the tCortul trios.
Excess acaysted material shag be removed Immediately from the sits.
2a, TRANSVERSE TRENCH-(More than 10 doves angla with centattin of road}or jai trX jh jggg than 0 tnt logir.In the pravemaat ar wtthbt fodr foot of t paved
use,shelf be bacit(OW witi eanolui lilit(County Standard Type 4 BteM and the sutrfocing reptaced to the paved esu.
2b. A LONWITUDINAL TRENCH•(Lass than 10 doWas angle with conter6ne of road and SO feat minimum lanth).In an paved was huoluding Arbt,atdowa n or otter
twavis thaii be breed with Class 2 Aggroests Subbase(or boast matkiall.from the tap of pipe bsddiag to a level 18"below the Bll%Md road audit@. The
romaia':ng#u k shall be backfilled with the structural section replacement In psved`smat. In sell eon areas,lumghudinal trenches may he bsckfdisd from the pipe
Redding to the ground wrfenct with suitable moulat from the axanrvstian at boost antoiist.
.3. COMPACTION•'the relotivo compaction of all trench bui fill to below the roadway sections thall bt not less than 90 perteunt. The structural.section abd be
compacted to not leu than 06 went
Itsdg shall be camp"• by
impact,vkaft or any combination of thtsw 40114p wit bo*Wed Ulf vuhan titers than faux foot from that pavacaont and who the backfuE and"d aro
suitable far jutI al aid tha8 be stfple mentid with machwal cunptrtion to 4111 ftgeiued relativa;aagtaction.
4. TWORARY PAVING.Temporary puha(ar P Mutsat paving)shall be placed it the ted of each work day. Temporary poverat dd be 1 S•Inch mwnm
thiCiuwu and$had be ntplated whhln two weeks wltk p.rmatu tt pamneat. If not done b two wanks,It may to done by Cagy forcers 1011 the awmr wR be
charged to cut pin sppropriatta ovadmad charges: ,
L BASE AND PAVEMENT REPLACEMENT-The roadway structural section shilf be upksced as stated on the pumitt;otharwiss replacement shalt be k khtd except
that the minimum respltctmant that be two Idcfat of asphalt concrete end 18 lachts of Chess 2 Aggragate gnu.
SPECIAL REOUIUMENtS-SIDEWALK ORAINS
i. inslon a three Inch inside&omster awcorrashre pips through curb at through curb snd'sidewatk Ono panel of oldtwalk,Curt sad gutter,ar where there has
widows k,on foot of curb anly#don`t remove putter)to be removed by a sow cut. Pete Rover IIF a stag match gutty flout/lheti,and pipe uteri be out 44 flush with
toys of curb. Sidewsa Concrete ahs encsae pipe to three rich cantrste jacket. Rsplsce curb,guttet,sidewalk and pavammt to rmetolt edjsco nt Impro ranaata
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1/99
Draft Board Order 114 4)C-C T-WAJ
�q(
BOARD OF SUPERVISORS CONTRA COSI
IN THE MATTER OF:
Preventing misuse or
profiting from County
permits covering sewer
main extension in Ayers)
Road, Concord area.
In order to prevent misuse of County permits or entitlements
involved in any sewer main extension in Ayers Road easterly
of Myrtle Drive in the unincorporated Concord area and to
provide for maximum health protection to the public by
allowing replacement of old and failing private septic sewer
systems in this road to be replaced by a public sewer line,
it is deemed reasonable to include a condition in any
permits for sewer line work in this portion of Ayers Road.
NOW THEREFORE, IT IS BY THE BOARD ORDERED THAT:
County staff shall include, in any permits issued for sewer
line work in this portion of Ayers Road, a condition that
would:
1 . Require the sewer line to extend the full 805 feet
distance from the end of the existing sewer main, so that
all adjoining properties capable of being served are
included, provided that full construction costs are
committed.
2. Prohibit any individual from profiting from the issuance
or use of the county permits by charging or obtaining a fee
from property owners who wish to participate in the sewer
project.
3 . Not allow participation in the sewer line project to be
arbitrarily withheld or denied to any property owner in the
project limits who wishes to participate and who will commit
his share of the construction cost.
PASSED AND ADOPTED THIS DAY OF JANUARY 1999
BY THE FOLLOWING VOTE:
AYES
RECENEC
NOES
1 919%
CM X BOARD OF SUPERVISORS
CONTRA COSTA CO.
Office of the County Counsel Contra Costa County -:
651 Pine Street, 9th Floor Phone: (925)335-1800
Martinez, CA 94553 Fax: (925)646-1078
Date: January 29, 1999
To: Board of Supervisors
From: Victor J. Westman, County Cose
By: Sharon L. Anderson, Assistant ty Counsel
Re: REPORT TO BOARD RE JANUARY 19,1999 PUBLIC COMMENT FROM AL
ACCURSO REQUESTING ADOPTION OF RESOLUTION REQUIRING EXTENSION OF
SEWER SERVICE AS CONDITION OF ENCROACHMENT PERMIT
On January 19, 1999,during the public comment portion of the Berard of Supervisors
meeting,property owner Al Accurso (19801 Ayers Road, Concord CA)presented a proposed
"resolution"to the Board regarding the issuance of encroachment permits for sewer line work on Ayers
Road, located in the unincorporated area of Concord. A copy of the proposed resolution is attached.
The resolution requires that anyone who obtains an encroachment permit from the County to do work
in Ayers Road for purposes of connecting with the City of Concord's sewer system must, as a
condition of obtaining the permit,extend the sewer line "the full 805 feet distance from the end of the
existing sewer main," so all adjoining properties can tie in if they wish by committing to their"share of
the construction cost,"without profit to the permittee.
The proposed resolution was referred to County Counsel and the:public Works
Department for review and comment. Some of the more obvious legal concerns regarding Mr.
Accurso's proposal are discussed below.
The purpose of an encroachment permit is to minimize interference with and prevent
damage to County roads. Neither State law(Streets and Highways Code section 1450 et seq)nor the
portion of the County's Ordinance Code pertaining to encroachment permits (Sections 1002-4.002
through 1002-4.020) authorize the County to condition the issuance of encroachment permits on
extending a sewer line, solely for the benefit of neighboring properties,further than the permittee
requires-for his own use. Absent such authority, if the County decided to extract such a condition as
part of its general police power(Cal.Const.Art. Xl §7)the condition would be subject to challenge as
an improper use of the police power.
Since the State has enacted legislation governing the issuance of encroachment permits,
the argument could be made that the State has preempted the field,' thus prohibiting the County from
imposing the condition requested. Streets and Highways Code section 1462 identifies the kinds of
conditions as to the location and manner of work that can be included in an encroachment permit:
"Any permit issued under this chapter may provide that
the permittee will pay the entire expense of replacing the
tSee generally on the issue of preemption, Morehart v. County of Santa Barbara(1994)7 Cal.4th 725.
Board of Supervisors f..;..<
January 29, 1999
Pa e 2
highway in as good condition as before,and may provide
such other conditions as to the location and manner in
which the work is to be done as the road commissioner
finds necessary for the protection of the highway."
[Emphasis added]
The condition that Mr. Accurso seeks to have the County impose,does not purport to be
necessary for the protection of the highway. Its stated purpose is to allow for the extension of sewer
service to all residents of Ayers Road. A condition so unrelated to highway protection purposes would
likely be unenforceable.
In addition, Mr. Accurso's proposed resolution is subject to challenge on discrimination
grounds. To withstand a legal challenge, a proposed regulation must not discriminate; similarly
situated landowners must be treated similarly. C. & D. Holland Construction Co. v. City of Marysville
(1970) 12 Cal.App.3d 989, 994. Under Mr. Accurso's proposed resolution, a burden would be
imposed on Ayers Road homeowners that is not imposed on any other homeowner within the County.
Moreover,the first homeowner who decides to connect to the sewer system would have the unequal
burden of constructing the sewer line for everyone.
Finally, the proposed resolution would appear to be difficult, if not impossible, to
effectively implement. Who decides what each participant's"share of the construction cost"will be?
What does it mean to"commit"to a share of the cost? When would payment be made and to whom?
What if a homeowner thinks the cost of construction is too expensive?What happens if one of the
neighbors initially does not want the sewer line, refuses to participate in the cost,but then connects to
the line at a later date? To whom is the contractor responsible? If the County requires the sewer line,
what is its responsibility for supervising the work? Will the permittee or the County incur liability
from all adjoining owners in the event of a failure of the sewer line required by the County? Who
determines whether the permittee is"profiting from the issuance or use of the county permits?" This
proposed resolution could have the effect of putting the County in the position of arbitrating
neighborhood disagreements on a multitude of issues that appear to have nothing to do with the
protection of its roadways, and incurring corresponding liability.
Please advise if you require further comment from this office on the attached
resolution.
SLA:la
cc. Phil Batchelor, County Administrator
J. Michael Walford, Public Works Director
Heather Ballenger,Assistant Public Works Director, Engineering Div.
H:ISANDEWREEMACCURSO M
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY -:
arch 11, 1999
TO: Supervisor DeSaulnier,.District 4
FROM: J. Michael Walford, Public Works Director
SUBJECT: Encroachment Permit##13443,Ayers , Concord Area
As requested, Sharon Anderson from the County Counsels office and Heather Ballenger of my
staff met with Mr. Al Accurso on March 3, 1999. Mr. Accurso requested a meeting to discuss his
concerns regarding the issuance of County encroachment permits. Mr. Accurso continues to
voice overall concern regarding the County encroachment process and specifically on the level
of involvement that the County has after the permit is issued. As you are aware, this project was
the installation of a sewer line for the City of Concord. In this case, as true with most utility
encroachments in the right of way, the city had primary project review authority since the utility
will be owned and operated by them.
In the meeting, Mr. Accurso advised that he has entered into an agreement with the contractor to
extend the sewer line to his property. From the field visit it was noted that work had not been
completed. Our inspector has reviewed a set of plans provided for the additional sewer line, so
we presume the work will be completed shortly. Mr. Accurso indicated that at this point, his
primary concern is no longer his particular project but, rather, the overall policies that are in
place with the County.
3MW;HB:mw
G.\Grprat&lEngSvalHF-aTHERtt999XMA=h\DeSaulnier Memo.doc
ccc Members of the Board of Supervisors
M.Shiu,De"Public Works Director
H.Ballenger,Engirneering services
D.Heisok Administrative Services
S.Andersen,county Counsel
Ckxk of the hoard(Press Box)
D
JAN 1 9
HIgH PRIQRITY RECQMMENDATIONS
BOA
ccsCo.
J Preserve existing programs& services in the Continuum of Care cystit
/ N
as they are stip needed (See Guiding Principles-page S.) �
• Expand homeless-rotated information.& referral services (See Recommendation
A.1-page 51.)
J Establish regional multi-service centers in West, Central&East County with core
services,including information and referral services, drop-in centers, and shower
& laundry facilities(other support services to be added over time as resources
permit) (See Recemendation A.2-page 53)
• Expand emergency shelter beds for families (See Recommendation A.4- page 36.)
✓ Expand access to residential drug and alcohol treatment for people with dual
diagnoses (combination of mental health, drug,or alcohol and/or HIV/AIDS
diagnoses—families and individuals) and for families with drug or alcohol
addictions (See Recommendation B.2.a& b -page 64.)
✓ Enhance people's ability to achieve economic self-sufficiency:
• Expand access to money management services (See Recommendation
B.3 -page 66.)
•Expand access to employment and training services(See Recommendation- �
B.6-page 71.) - i
✓ Develop more Mousing affordable to those with the lowest incomes(families and
individuals) (See.Recommendation C.1 -page 77.)
J Expand the supply of supportive housing for individuals with dual-diagnoses
(combination of mental health, drug or alcohol and/or HIV/AIDS diagnoses) (See
Recommendation C'.3-page 82)
V Expand the supply of transitional housing for victims of domestic violence(families
and individuals) and individuals with HIV/AIDS (See Recommendation C4 page 84.)
J Establish the structures and staffing necessary to implement the Homeless Plan and
engage in on-going planning and coordination:
• Create the Contra Costa County Continuum of Care Board. (See
Recommendation D.1 -page 89.)
• Create a Homeless Coordinator staff position (See Recommendations
D.4-page 93.)
45
.1.111..._. ............1.11....1. .....
.............._.......... ......... .......... ......... ._....... ......... ......... ........ . _
_ ......... _....... ......... ......... ......... .........
_.......................
:>. R'ECEIVEt
7
Continuums of Care: Gaps Analysis JAN 1 e
CLERK BOARD OF SUPERVISORS
Estimated current
Neal Inventory GAOPriority
Individuals
.r� ,$ -,:r.:..+•:..t }^a?'"t�:�' .. �., ,v...a+... t:`r-, i ji. <EvtB :7,'o{y.;V• '•?yF.:'. �;.r�'. ?. ,,. jJ .�!
J. C' >�`•e+a•�{•\ ,...:rs. #L ..;fit„, 1111 :: ��'1�• 'S�'• t:s� v.c�?:v.. ��2.�'h #'.'�,�.�'�.�.�.2'��''•.'.
11:1:1.:•::::::. .:.,r. .. � 1111... 1111.. ........: ,.,
Emergency Shelter 2 13 193 20
SedsAlnfts Transitional Housing • 400 203 197
Permanent Supportive Housing 781 456 325 H
Total 1.394 852 542 :gg.
Job Training s 1,18.5 303 882 ft.
Case Management • 1,394: 690 704 H
Supportive
Services Substance Abuse Treatment 822 350 472 M
Slots Mental Health Care # 349 309 40 H
Housing Placement 0 1.115 583 532 M
Lite Skills Training a 1,115 02 813 M
Other - Transportation • .-.1.,046 205 841 L
Other - r4onev Martacement 697 388 309 L
Chronic Substance Abusers 572 243 329 H
Seriously Mental! !il
Sub- Dually-Diagnosed
populations Veterans
Persons with HIV/AIDS
Victims of Domestic Violence 20q 86 123 M
Youth 7n 17 51 M
Other Youth under 1$ 1 31 10 21 L
Persons in Families with Children
Emergency Shelter
BedsNnits ` Transitional Housing
Permanent Supportive Housing 1.128 625 503
Tota!
Job Training 4 885 113 H
Case Management
Supportive Child Care
t Services Substance Abuse Treatment 615 516 M
Slots Mental Health Care 261 47 219 M
Housing Placement 1 19()42 352 60 M
Life Skills Training
Other_
Other
Chronic Substance Aliusers 42Z 117 iin H
Seriously Mentally III
Sub- Dually-Diagnosed 125 25 100
populations Veterans 167 PR 1149 M
Persons with HIV/AIDS
Victims of Domestic Violence 156 Sn
Other
Indicates that a renewal project is included in this inventory and would be Inst if
not funded.
Page no:
_........ ......... ......... _............._. ....__
.... . .................._...... ._....... ._....... ......... ........ ......... ......... .........
.....................................................................................................................................
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JAN ( " 199
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....................................
RECEIVED
JAN 1 9 ic'49
PETITION cud coy
5 RA COSTA CO-
F SUPERViSORS
C
Petition to the Contra Costa County Board of Supervisors
We urge you to commit funding to the FERST program to
make housing for homeless families possible. We also
encourage you to consider the needs for homeless families
for a permanent transitional shelter.
As the faith community has demonstrated, we are willing to
help the homeless with housing and food. Let us help these
parents and children with this problem so that Contra Costa
County's citizens are all safely sheltered.
We request your prompt consideration of this important
issue.
_7Signed this 17'h day of January, 1999
NO
J
41 1E YMAXZI �
PETITION
Petition to the Contra Costa County Board of Supervisors
We urge you to commit funding to the FERST program to
male housing for homeless families possible. We also
encourage you to consider the needs for homeless families
for a permanent transitional shelter.
As the faith community has demonstrated, we are willing to
help the homeless with housing and food. Let us help these
parents and children with this problem so that Contra Costa
County's citizens are all safely sheltered.
We request your prompt consideration of this important
issue.
Signed this 1114h day of January, 1999
&tlt-4�
V E•
J
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T"anr�3r�#�-sr�c;cemral €urrtY hirtshes aids a og as aitnered durin €the.frst year. The
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I 11:re-rr1.ited wi # rly,twrs ti�ir rii s i�r crs t t+ d;to :trar�s#ti0r#9i to i ��r O aril one
randrn thAr�rr sled her 111.11.111,11'..'',''.'',.'',..'','',.'''''''''I
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