HomeMy WebLinkAboutMINUTES - 12092003 - D1 D.1
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Date: December 9, 2003 Public Comment
The Chair invited those who wished to address the Board during public comment.
The following persons presented testimony:
Marc Hynes, 660 West Dana Street, P.O. Box 279, Mountain View,
requesting the Board to grant more time to his clients Preston and Lois
Avery regarding their abatement appeal on the property located at 3010
Willow Road, Bethel Island.
Rollie Katz, Public Employees Union Local One, Blum Road,
Martinez, introduced the General President of Local One, Lori Kerns to the
Board and advised the passing of Father Bill O'Donnell.
THIS IS A MATTER FOR RECORD PURPOSES ONLY
NO BOARD ACTION WAS TAKEN
ATKINSON . FARASYN,LLP
LEONARD J.SIEGAL ATTORNEYS AT LAW
HAROLD S.TOPPEL 660 WEST DANA STREET
STEVEN G.BAIRD P.O.BOX 279 J.M.ATKINSON(1892-1982)
MARC G.HYNES MOUNTAIN VIEW,CALIFORNIA 94042 L.M.FARASYN(1915-1979)
TELEPHONE (650)967-6941
FACSIMILE (650)967-1395
December 8, 2003
Honorable Mark DeSaulnier, Chairperson
and Members of the Board of Supervisors
Contra Costa County
Board Chamber, Room 107
Administration Building
651 Pine Street
Martinez, CA 94553-1229
Re: Property Located at 3010 Willow Road,
Bethel Island, CA
Preston and Lois Avery
APN: 029-010-017
Dear Chair DeSaulnier and Members of the Board:
The Board of Supervisors has previously heard an appeal filed by me on behalf of my
clients, Preston and Lois Avery, owners of the referenced property, from the decision of the
County Abatement officer declaring a public nuisance on the property. At issue is an
existing manufactured building at grade which the County building department asserts
does not meet building code requirements. As my clients understand it, because the land is
subject to flooding, if the building in its present condition is to remain, it must be elevated.
Because of Mr. Avery's physical disabilities it would be extremely difficult to access the
structure if it were to be raised up on piers as has been suggested. This manufactured
building is similar to many others in the County which are similarly situated at grade on
properties subject to flooding.
At the hearing on March 4, 2003, under Item SDA upon a motion by Supervisor
Glover my clients understood that a 90-day period would be given for compliance with the
prior order to remove the building or place it on piers or the County would abate it.
However, the staff was directed to meet with the owner and to identify options. My clients
and I believed that the County would consider other options. Meetings were held with Ms.
Constance Brady representing my client and members of the building department.
However, the position of the building department did not change from that which had been
recommended at the hearing on March 4, 2003.
My clients were never served with a copy of the formal order of the Board until
December 1, 2003. The Order which was served upon my clients made no mention of any
Honorable Mark DeSaulnier, Chairperson
and Members of the Board of Supervisors
Contra Costa County
December 8, 2003
Page 2
attempt to resolve the matter short of abatement following a period of 90 days. Because the
Order was not served until December 1, 2003, time for compliance under Contra Costa
County codes do not begin to run until December 1, 2003. A 30-day period will end on
December 31, 2003.
My clients would like to seek a resolution which will protect the County from any
liability related to damage to the building as a result of flooding on the property and which
will allow my clients to continue to use the building for purposes of storage of equipment,
and medicine for animals which are kept on the property. We believe that there are
alternatives available which do not require moving the building or undertaking the expense
of elevating it. In view of the upcoming Christmas and New Year's holidays, and based
upon the Board's previous actions granting a 90-day period in which to resolve the matter,
it is requested that my clients be given until the end of February 2004 to work out a
resolution with the building staff. It is therefore requested that the Board place this matter
on the agenda for its meeting of December 16, 2003, with a further request that the request
for continuance be approved.
ly,
. HYNES
MGH/ns
cc: Clients