HomeMy WebLinkAboutMINUTES - 04041989 - S.6 S.6
TO: BOARD OF SUPERVISORS ¢
FROM: Supervisor Tom Torlakson Contra
Costa
' April 4, 1989__ r
DATE: County
SUBJECT: CONTINUING PROBLEM OF CODE ENFORCEMENT
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECO14MNDED ACTION:
1 . Direct the County Administrator's Office to take a lead role
in reviewing complaints about the lack of attention being given by the
county to the continuing problems with code enforcement;
2 . Refer specific complaints to the Community Development
Department, Health Department, Building Inspection Department, Fire
Department and Sheriff.
3 . Endorse legislation proposed by Senator Dan Boatwright raising
fines against repeat violators of county public-nuisance laws.
4 . Refer to the Internal Operations Committee a review of the
examination of code enforcement issues by the County Administrator's
Office as directed in #1', #2 and #3 above.
BACKGROUND INFORMATION: Over the past eight years, I and my staff
have directed an incredible amount of time responding to community
complaints regarding the county' s handling of code violations . During
the summer of 1983, specific concerns were raised by BIMID, the Bethel
Island Fire Department and numerous residents including Howard Holmes
regarding the problems of code enforcement on Bethel Island. Numerous
meetings followed involving representatives of various enforcement
agencies in the county to discuss and plan enforcement action on the
problems .
I received yet another letter, dated March 20, 1989, from Howard
Holmes outlining problems and expressing once again frustration over
the lack of attention given by the county to these problems . These
complaints should be dealt with on an efficient and routine basis. I
believe it is reasonable for the public to expect a timely response to
such inquiries . My office attempted to get departmental action
started on these complaints immediately, but apparently no action has
been taken yet. In at least one department, the code enforcement
division is operating with a vacancy. This is difficult to understand
considering the extensive review and reform of our enforcement systems
that have taken place in recent years .
I strongly believe that we should not have to revisit the code
enforcement issue over and over again to determine if our systems are
working effectively. I hope that this review will implement some
permanent funding sources for the staffing necessary to do the job and
implement some additional policies to improve our y'stlems .
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY.ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
Attachment
SIGNATURE(S)
ACTION OF BOARD ON April 4, 1989 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT I ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS
�ON THE DATE SHOWN.
CC: County Administrator ATTESTED "'?r 41. IQ89 —
Internal operations Committeep{11l Bate 80f,Clerk 0 the Dai 0
Community Development SupeNISersandCountyAdministrator
Health Services
Building Inspection
M3e2/7-83 Sheriff BY
DEPU'T'Y
Bethel Island FPD
i
rutting teeth into
I
anti-nuisance law
f� bandoned wells, rusted-out auto hulks,
U piles of old tires and appliances, and yards
V turned into overgrown jungles are more than
community eyesores. They can pose serious
safety and pollution threats. Penalizing persis-
tent violators more severely will make anti-nui
sance laws more effective.
Sen. Dan Boatwright, D-Concord, has pro-
posed legislation raising fines against repeat vi-
olators of county public-nuisance laws. The bill
follows a request from Contra Costa County of-,
ficials, who complain that the prohibitive cost
of prosecuting such cases currently around
$200,000 a year — hinders enforcement.
The original version of Boatwright's bill,
which won approval last week from the Senate
Judiciary Committee, raised objections because
it would have billed offenders for the full cost
of their own prosecution. That approach has
been replaced by tripled fines. If a person, is.,
fined $500 the first time for a nuisance viola-
tion, he would be fined $1,500 for a second
conviction within two years. Boatwright,rightly
says that "should not only be a deterrent but
will also help offset the county's true costs."
0 ver the last few years, East Bay cities and
counties have adopted tougher anti-eye-.
sore ordinances, including, provisions forcing
landowners to pay cleanup costs. But those
laws don't cover court costs when particularly
obnoxious violators are prosecuted.
Anti-nuisance laws are,useless if those who
persist in damaging a neighborhood's quality of
life are slapped on the wrist. Boatwright's bill
puts much-needed teeth into the crackdown.
BEACOn HARBOR inn,
Box 346
P.O.Bethel:lslarid,_CA 94511
Howard & Marianne'Holrries
Owners
March 20 , 1989
Supervisor. Tom" Torlakson
300 E. ."Leland Ave. '- Suite 100 .
Pittsburg, . Ca. 94565
Dear Tom,
I am. writing. to again call your attention to. the .continuing problem
of code enforcement on Bethel Island.
On February 27th, I wrote the attached letter to.Mr.. W"andry. After
a couple of weeks of no response, your secretary.mariaged to have my
phone -call returned last Friday, Manch 17th.
Mr. „ Wandry advised 'me that no permit was required for this activity.
I find it hard to believe . that I can -set up a barbeque' and .r.ock: band,
on my patio and proceed ' to terrorize the neighborhood without answer-
ing to any authority:".-It seems entirely inconsistent that a; r.ecognized
charity, like the Shrine who have security people on the premises ,
has;: to have a permit, for 'a, one-day barbeque and band in my picnic area.
Two weekends ago a group of "bikers" 'at:tended the ."nock concert” -
left here , spent some time at another 'Island "waterhole" . and at
about, 9 to 9 :30 P.M. , one of them rode to his death •in- the center
of downtown Bethel I slla�i d
Yesterday afternoon, March 19th at approximately 5 :30 P-.M. , a fight
broke out.,'. One participant was rep;or.tedly beaten with a ball` .bat. -
another with ,a "'sign pos..,. Two "sher,iff' s cars responded , two fire
rigs , an, ambulance and{,, finally, a helicopter to transport one
victim!-, At".1 :45 `A.NI: (same night) March 20 , a fight broke out in "
the':-parking lot .betwe.en�-•two men and a.woman. Marianne called 911 .
There appeared 'to be "nq' response. It- ended. by the woman running
down the'� road with her assailants in pursuit. Hopefully, the
responding sheriff., if .any, ,intercepted the contingent.
continued. . . . . . .
NORTH WILLOW ROAD (PIPER SLOUGH) P. 0. BOX.346 • BETHEL,ISLAND, CALIFORNIA 94511 (415) 684-2174
Supervisor Tom Torlakson
March 20 , 1989
Page 2
As you can see, the Rusty Porthole attracts a nice crowd ! So
far as we know, no arrests were made in spite of the apparent
seriousness of the beatings.
If the County has no control over this kind of activity, I would.
like to know - why not?
The code violations concerning RV 's and permanent mobile homes at
Boyd' s Harbor is apparently receiving the same degree of attention
as the "Rock Band" . This problem was called to your attention in
1983, and you managed to het something started - but as soon as
you turned your back, we were back to the normal neglect of County
enforcement.
About two months ago, during a meeting in your office with the
legal people and Mr. Wandry, I again raised the issue of Delta
Resort Boat Sales and the absence of any land use permit for
the new business . If anything has been done , it's not apparent.
I would like to meet with you at your convenience to discuss
what we have to do to get some compliance with the codes and.
ordinances on this Island..
Very truly yours ,
ward Holmes
HH.m
Attachment
February 27, 1989
Vir. Karl W andry
Contra Costa Planni; Dept.
6$1 Pine St. .
Martinez, Ca.
Dear Mr. Gundry,
This will.. confirm our telephone conversation and my comments
concerning my neighbors, the Rusty Porthole .Dar and Restaurant
and Boyd ' s Harbor.
Two weeks. ago, the Rusty Porthole set up .a band and an outdoor
barbeque on the deck over the water , adjacent to the restaurant and
bar. The band( rock type) is to play from 2P . v . to 6P. yi- on weekends
according to the attached ad , though yesterday they did not stop
until. 8 P.:Vs. .
The noise is Bate-Jairiming, and my boater's who come to the _Delta
for peace. quiet and relaxation, are up in arms. Several have
already threatened. to lease urLle�s Y do somethiiv to solve the
problem.
The second pro-blem has to do jith ' yd ' s Harbor. The new owners
.evicted the weekend-type s:V ' s by the simple process of raising the
rent -to C e(),G per month, and are replacing them with permanent
RV's.At t4e p eser.t time there 4 oz 1 spaces permanently
occupied and there are apparently plans a or several others.
I raised this issue in ,ovember ,, 1983. Mr. Dehaesus wrote
on November 23, 1583 asking that the violations be cleared. As
I recall, the county did not -Nersue the matter because the business
continuec. . . . . .
r
February 27t 1989
Mr. Karl Wandry
Page 2
failed and .john Honegger had to repo:--s'e:,s the properr�t�. Honegger
continued with a week--encs and, campin,.; clientele, but. sold the
property again last year -v.-Ith the,, result being a mentioned above.
I would appreciate your :interert _ these problems . 1",::y business
is and will �sL"t i�3r - and 1i2
' •'l I. nave not diccussed" Chiu matter
with my other a:�eig'hborzs , $-m cep:taro they Teas t Share my concern.
Your prompt asponE-,.e will be apx- i,"" ed , as my rug toiyie s N,-,ill be
looking to me as w . a ; , fv_fC2.1-4 � L�' .
�lr' a: '�''�'£i cwt: 1.__� :�"E y �"'t �
Thank you,
CS V .tY.my ;you: :::, ,
HH.m
Enol i
n F
Pe tbminjured ire #igt�t on BI r
t .s, t,i
BETHEL ISLAND }; One;persan;was injured and flown by Ca`i n,
} i star helicopter to J uu,Mechcal Center.in Walnut Creek after a .
v. ight�Sunday nig near a Rusty Porthole Restaurant ai Bethel^
stand,ac�arding pokesman for the Bethel Island Fire Depart :`
IM
, y
�An uhilffi"number of{men we a involved in.;the^figlit's ^ j
r ; e name'`of the.injured person was not°available flus morning s
;Officials'at:the,Sheriff's:Department's Delta`Station in,Oakley
dey'had no inf6rmation an the fight.
"NEAR" WAS CRASHING THRU THE BAR WINDOW
THE PATI O 'SAW A LOT OF ACTION AS WELL!
$ETHEL ISLAND
�► - FIRE PROTECTION DISTRICT
3045 Ranch Lane/P.O. Box 623
• Bethel Island, CA 94511
Business Phone (415) 684-2211 �
March 22, 1989
California Highway Patrol
5001 Blum Road
Martinez, California 94553
Attention: Commander Captain Ross
Dear Sir:
We need your help with a problem on Bethel Island. The
Rusty Porthole Bar and Restaurant located at 3895 Willow
Road, Bethel Island, has been creating problems related to a
BBQ they are holding every Sunday from 1400 hrs. to dark.
We have responded to the following emergency calls.
1. February 26, 1989, 2122 hrs. motorcycle into the
side of a semi truck. 1 dead, 1 major injury. Persons at
the scene of this accident stated that the people on the
motorcycle has been at the Rusty Porthole prior to the
wreck.
2 . March 10, 1989, 1551 hrs. lst Aid, kitchen employee
cut off the end of his finger at the Rusty Porthole. On our
arrival 2 vehicles were parked in the fire lane. After the
patient was transported to the hospital, Russell Fitzgerald,
BIMID Levee Supervisor asked the manager to keep the top of
the levee clear and I requested that the manager keep the
fire lanes clear. This area has been posted with approved
signs.
3 . March 19, 1989 , 1754 hrs. 1st Aid, 3 patients hurt
in a fight at the Rusty Porthole that included weapons such
as hammers, a sign that was torn down and some type of
weapon that was capable of making what looked like puncture
wounds. Results of fight, 1 patient had a deep scalp
laceration, 1 had a lacerated arm and 1 with multiple
injuries that had to be medivaced. On our arrival we
had to park approximately 100 yards from the patients
location due to vehicles parked on the levee access roads
and in the entrance to the Rusty Porthole.
Captain Ross
' March 22, 1989
Due to the location of this business and the fact that our
emergency calls are escalating due to these parties, I am
requesting your help in stopping this problem now. If we
wait until later in the year Bethel Island will have a
vastly greater problem due to vacationers and weekenders.
Thanks for your attention to this problem and any help you
can give us.
Sincerely,
Josep J.Whiter, Chief
Bethel Island Fire Protection District
JJW:kb
ccs Supervisor Torlakson
Commissioner Holmes
Commissioner Cornfield
Commissioner Davis
Commissioner Dal Porto
Commissioner Draudson