Loading...
HomeMy WebLinkAboutMINUTES - 03041997 - D4-D6 n Introduce, Waive Reading and Fix March 11, 1997 for Adoption March 4, 1997 of an Ordinance Amending County Ordinance Code Chapter 540-2 Page 2 on Mobilehome Space Rent Stabilization • clarify the manner of providing notices of rent increases and meetings; and • make other clarifying, non-substantive amendments. 1. Standard Rent Increase Change. Section III of the ordinance would change the standard annual rent increase to the greater of 2% or 75% of CPI. Currently, the standard annual increase is the greater of 3% or 600 of Cpl. 2. Specific Time.and Notice Requirements, Section V renumbers section 540-4.602 to 540-2.602. This section will also impose specific time requirements for providing notice of the meeting to discuss a rent increase and for holding that meeting; specifically, the park owner (or its representative) must provide at least 30 days' advance notice of the date of the meeting, and the meeting must be held 45 days before the rent increase becomes effective. There are three additional changes to Section 540-2.602: 1) a copy of a rent increase notice and a list of the affected mobilehome owners will be required to be given to the rent review officer 85 days before any rent increase goes into affect; and 2) the manner of serving notice will be more clearly stated; and 3) a park owner;s representative may represent the park owner at a meeting. Affixing a notice on a mobilehome will be expressly disallowed unless the mobilehome owner agrees in writing to receive notice in that fashion. 3. When Rent Increases Will. Not Go Into Effect. Section VI amends ordinance code 540-2.604 to provide under what circumstances a rent increase will not go into effect. Minimum time and other requirements appear necessary to give mobilehome owners adequate notice and opportunity to respond to and contest rent increase notices. Specifically, the proposed language provides that a rent increase will not go into effect until: 1) the park owner has provided at least 30 days' notice of an informal meeting to all mobilehome owners affected by the proposed rent increase; 2) at least 45 days have elapsed following the holding or commencement of the meeting to discuss the rent increase; 3) the notice of rent increase contains all of the information required by section 540- 2.602; 4) at least 85 days have elapsed following the Rent Review Officer's receipt of the notice of rent increase and a complete list of the names and addresses of the affected mobilehome owners; and 5) notice is provided in a proper manner. 4. Petition Requirements. Section VII of the ordinance amends ordinance code section 5409-2.804 to require a petition to state the name and address of the park owner's representative, if known, and clarifies the language regarding deadlines for filing rent petitions. n Introduce, Waive Reading and Fix March 11, 1997 for Adoption March 4, 1997 of an Ordinance Amending County Ordinance Code Chapter 540-2 Page 2 on Mobilehome Space Rent Stabilization • clarify the manner of providing notices of rent increases and meetings; and • make other clarifying, non-substantive amendments. 1. Standard Rent Increase Change. Section III of the ordinance would change the standard annual rent increase to the greater of 2% or 75% of CPI. Currently, the standard annual increase is the greater of 3% or 60% of CPI. 2. Specific Time and Notice Requirements. Section V renumbers section 540-4.602 to 540-2.602. This section will also impose specific time requirements for providing notice of the meeting to discuss a rent increase and for holding that meeting; specifically, the park owner (or its representative) must provide at least 30 days' advance notice of the date of the meeting, and the meeting must be held 45 days before the rent increase becomes effective. There are three additional changes to Section 540-2.602: 1) a copy of a rent increase notice and a list of the affected mobilehome owners will be required to be given to the rent review officer 85 days before any rent increase goes into affect; and 2) the manner of serving notice will be more clearly stated; and 3) a park owner;s representative may represent the park owner at a meeting. Affixing a notice on a mobilehome will be expressly disallowed unless the mobilehome owner agrees in writing to receive notice in that fashion. 3. When Rent Increases Will Not Go Into Effect. Section VI amends ordinance code 540-2.604 to provide under what circumstances a rent increase will not go into effect. Minimum time and other requirements appear necessary to give mobilehome owners adequate notice and opportunity to respond to and contest rent increase notices. Specifically, the proposed language provides that a rent increase will not go into effect until: 1) the park owner has provided at least 30 days' notice of an informal meeting to all mobilehome owners affected by the proposed rent increase; 2) at least 45 days have elapsed following the holding or commencement of the meeting to discuss the rent increase; 3) the notice of rent increase contains all of the information required by section 540- 2.602; 4) at least 85 days have elapsed following the Rent Review Officer's receipt of the notice of rent increase and a complete list of the names and addresses of the affected mobilehome owners; and 5) notice is provided in a proper manner. 4. Petition Requirements. Section VII of the ordinance amends ordinance code section 5409-2.804 to require a petition to state the name and address of the park owner's representative, if known, and clarifies the language regarding deadlines for filing rent petitions. ORDINANCE NO. 97-_ AMENDING MOBILEHOME SPACE RENT STABILIZATION ORDINANCE The Board of Supervisors of the County of Contra Costa ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION 1. SUMMARY. This ordinance amends Chapter 540-2 of the County Ordinance Code, on mobilehome space rents in specified mobilehome parks, to amend the formula for determining the standard annual rent increase,to add a definition for the term"maintenance and repair,"to impose time requirements for noticing and holding meetings regarding rent increases and providing the list of affected mobilehome owners to the Rent Review Officer, to provide that the list of affected mobilehome owners must be made available to the homeowners' representative, to clarify the manner of providing notices of rem increases and meetings, and to make other clarifying and non-substantive amendments. SECTION 11. Section 540-2.204 of the County Ordinance Code is amended, to correct clerical errors in subdivisions(c) and(p), and by adding a subdivision(s)to define the term "maintenance and repair,"to read: 544-2.244 Definitions. As used in this chapter,the following words and phrases shall have the meanings set forth herein unless it is apparent from the context that a different meaning is intended. (a) "Affected mobilehome owners" means all mobilehome owners in a mobilehome park who have been notified by the park owner that a rent increase is to become effective on the same date,or who have been otherwise made aware, in the absence of such notification,that a rent increase(including a reduction in housing service) has or is to become effective on the same date. (b) "Base rent"means the space rent charged and allowed by County ordinance on September 20, 1994,plus any rent increase allowed thereafter pursuant to this chapter unless otherwise provided. The base rent for any mobilehome space that was not occupied on September 20, 1994 shall be the highest space rent charged by the park owner for a comparable space in the park on September 20, 1994, plus any rent increases allowed thereafter pursuant to this chapter unless otherwise provided. February 26, 1997 D6 (c) "Capital improvements" means those expenditures at a mobilehome park that may be characterized as capital improvements for federal income tax purposes. (d) "Consumer Price Index" means the Consumer Price Index for all Urban Consumers, San Francisco-Oakland-San Jose Area(or, if the area designation is revised, for the area which encompasses the County of Contra Costa), published by the U.S. Department of Labor, Bureau of Labor Statistics. (c) "Hearing Officer" means a person designated by the Rent Review Officer to hear a petition pursuant to this chapter who is neither a mobilehome owner nor who has an interest in a mobilehome park of a nature that would require disqualification under the provisions of the Political Reform Act if the person is an elected state official. (t) "Housing service" means a service provided by the park owner related to the use or occupancy of a mobilchome space, including but not limited to maintenance of the common area of the mobilehome park, for which the park owner expends money or other quantifiable consideration. For purposes of this ordinance housing services do not include intangibles or other benefits associated with living at the property for which the park owner does not expend money or other quantifiable consideration. (g) "Mobilehome" means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to section 35790 of the Vehicle Code. "Mobilchome" includes manufactured home, as defined in the Health and Safety Code, but does not include a recreational vehicle, as defined in section 799.29 of the Civil Code, or a commercial coach, as defined in section 18001.8 of the Health and Safety Code, or factory-built housing as defined in section 19971 of the Health and Safety Code. (h) "Mobilehome owner" means a person who has a tenancy in a mobilehome park under a rental agreement, having the right to the use of a mobilehome space on which to locate, maintain and occupy a mobilehome, site improvements,and accessory structures for human habitation, including the use of the services and facilities of the mobilehome park. "Mobilehome owner" does not include a person who is a resident in a mobilehome but who does not have a tenancy. (i) "Mobilehome park" means any area or tract of land within the county where two or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes. 0) "Mobilehome space" means the site within a mobilehome park intended, designed, or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith. "Mobilehome space" does not include any newly constructed space initially held out for rent after January 1, 1990, or a space occupied by a recreational vehicle. Ord. 97- February 26, 1997 - 2 - DS (k) "Park Owner" means a person or entity that owns or operates a mobilehome park business in the unincorporated territory of the County. (1) "Percent change in Consumer Price Index" means the annual percent change in the Consumer Price Index, calculated to the nearest tenth, published for the month of May, issued in the month of June. In the event that an index is not published for the month of May that is issued in the month of June, the closest preceding month for which an index is published shall be used. (m) "Rental agreement" means an agreement between the park owner and the mobilehome owner for the use and occupancy of a mobilehome space establishing the terms and conditions of mobilehome park tenancy. A lease is a rental agreement. (n) "Rent increase" means any additional space rent demanded of or paid by a mobilehome owner for a mobilehome space, including any reduction in housing services without a corresponding decrease in the amount demanded or paid for space rent. (o) "Rent Review Officer" means the person or persons designated by the County Administrator to administer and enforce the provisions of this ordinance. (p) "Service reduction" means any reduction in housing service below the level of service existing on or after September 20, 1994, which results in a cost savings to the park owner without a corresponding decrease in rent. The reduction or deferment of maintenance below the level existing on or after September 20, 1994 may constitute a service reduction. However, normal wear and tear of the common area and/or mobilehome space does not constitute a service reduction. (q) "Space rent" means the money demanded and received by a park owner for the use or occupancy of a mobilehome space and the non-exclusive use of the common area facilities, but excluding separately billed utilities or reasonable charges for services actually rendered. Nothing in this chapter shall be deemed to regulate rent charged for mobilehomes, as opposed to mobilehome spaces. (r) "Substantial rehabilitation' means that work done by a park owner to a mobilehome space, housing services, or to the common area of the mobilehome park, exclusive of a capital improvement,the value of which exceeds two hundred dollars and which is performed either to secure compliance with any state or local law or to repair damage resulting from fire, earthquake, or other casualty or natural disaster, to the extent the cost of such work is not reimbursed by insurance, security deposit proceeds, or any other source. (s) "Maintenance and repair" means expenditures to keep the property in good working order. (Ords. 97- § 2; 95-31.) Ord. 97- February 26, 1997 - 3 - SECTION III. Section 540-2.404 of the County Ordinance Code is amended, to change the standard annual rent increase, to read: 540-2.404 "Standard" Annual Rent Increases. Except as provided in section 540- 2.406, 540-2.408 and 540-2.410, the space rent payable for use or occupancy of any mobilehome space shall not be increased by a park owner within any twelve-month period more than the greater of: (1) Two percent (2 %); or (2) Seventy-five percent (75 %) of the percent change in the Consumer Price Index, provided that no rent increase of more than six percent (6%) may be imposed pursuant to this section. All standard rent increases shall become a part of the base rent upon which future rent increases are based. The initial standard rent increase shall be allowed on or after ninety (90) days after the effective date (July 27, 1995) of this ordinance provided all required notices have been given. (Ords. 97-_, § 3; 95-31.) SECTION IV. Section 540-2.408 of the County Ordinance Code is amended to correct a clerical error in the last sentence of the first paragraph, to read: 540-2.408 Capital Improvement Rent Increases. A park owner may increase a mobilehome owner's space rent based on the mobilehome owner's pro-rata share of capital improvement expenditures in the park. The purpose of this section is to provide the park owner a streamlined procedure for recovering capital improvement dollars invested in the mobilehome park. Any such rent increase shall be amortized over the useful life of the capital improvement, using the table of capital improvement set forth in section 540-2.1210. If the table of capital improvement life expectancies in section 540-2.1210 is not applicable, the park owner shall use the "Class Life Asset Depreciation Range System" ("ADR System"). Interest may be imputed on any such rent increases using the prime rate in effect thirty (30) days prior to the date of the application, plus two percent (2 %). However, in no event may any single rent increase, or any cumulative rent increases under this section exceed five percent(5 %)of the mobilehome owner's then existing rent. Any rent increase implemented under this section based on the cost of capital improvement shall not be included as part of the base rent upon which future rent increases under this chapter are based and shall be deleted from the space rent once the mobilehome owner's pro- rata share of the capital improvement rent increase has been recovered. Ord. 97- February 26, 1997 - 4 - Nothing in this section shall preclude a park owner from foregoing the right to seek a rent increase under this section and instead applying for a major rent increase, including applying for a major increase based on capital improvement expenditures that would otherwise result in a rent increase in excess of five percent(5 %) of the mobilehome owner's then existing rent. (Ords. 97-_, § 4; 95-31.) SECTION V. Section 540-4.602 of the County Ordinance Code, on notice and meeting requirements, is renumbered to 540-2.602, to correct a clerical error,and amended to include strict time limits for the requirements of said section, to read: 540-2.602 Notice and Meeting. (a) Notice of increase. At least ninety (90) days before instituting a rent increase and/or decreasing a housing service, a park owner shall give written notice of the proposed action, to all affected mobilehome owners. Said notice shall provide the following information: (1) Standard and/or administrative rent increase. For rent increases pursuant to subsection (a) and/or(b) of sections 540-2.404 and/or 540-2.406, the amount of the rent increase both in dollars and as a percentage of existing space rent and either one or both of the following: (A) A statement that the park owner considers the rent increase consistent with the standard rent increase limitations of section 540-2.404 and/or (B) A statement that the proposed rent increase is to recover the cost of rent stabiliTation administration fees pursuant to section 540-2.406. The notice shall include information supporting the increase, including calculations used by the park owner to apportion the cost of the administrative fee among the affected mobilehome owners; (2) Reduction in housing service. For a reduction in a housing service with or without a decrease in space rent, the specific housing service or services to be reduced and the decrease in space rent to be effectuated, if any. The park owner shall also provide any explanation or justification for the proposed action; (3) Capital improvement increase. For a capital improvement increase, the amount of the rent increase both in dollars and as a percentage of existing rent, the duration of the rent increase, facts explaining and supporting the increase, including calculations used to determine how the amount of the increase was determined and apportioned; (4) Major rent increase. For a major rent increase other than a reduction in housing service without a concurrent decrease in space rent, the amount of the rent increase both in dollars and as a percentage of existing space rent and facts supporting the increase. Ord. 97- February 26, 1997 - 5 - (b) Notice of meeting. Concurrently with providing notice of a rent increase as required in subdivision(a), above, or as soon thereafter as practicable, the park owner shall provide at least thirty(30) days' advance written notice of a meeting to discuss the rent increase, and to provide an opportunity for the affected mobilehome owners to ask questions of the park owner or the park owner's representative about the rent increase. The notice of the meeting shall include the time or times of the meeting, which time(s) shall be convenient for as many affected mobilehome owners as is reasonably practicable, and the exact location of the meeting, which shall be at the mobilehome park. The informal meeting, once begun, may be continued by the park owner to another date or time. The rent increase shall not become effective until forty-five (45) days after the commencement of the informal meeting. (c) Notice to Rent Review Officer and homeowners' representative. The park owner shall serve a copy of the notice of rent increase and a list of the names and addresses of all persons receiving the notice upon the Rent Review Officer at least eighty-five (85) days before the effective date of the rent increase. The Rent Review Officer shall acknowledge the date of receipt of the notice and list of names in writing upon the request of the park owner. The park owner shall provide a copy of the names and addresses of all mobilehome owners receiving notice to the mobilehome owners' representative within five(5)days of the date of request therefor by the mobilehome owners' representative. Failure to provide a copy of the names and addresses of affected mobilehome owners shall not invalidate the rent increase, but the rent increase shall be delayed one day for each day after five days after the date of request, until the names and addresses ofthe affected mobilehome owners have been provided. (d) Manner of giving notice. Notices of rent increases or of meetings required by this chapter shall be given personally to the affected mobilehome owner,deposited in the United States mail, postage prepaid, addressed to the homeowner at his or her site within the mobilehome park, or by other manner agreed upon in writing by and between the park owner and the affected mobilehome owner. Affixing a notice on the door or other part of a mobilehome shall not constitute valid delivery, and shall not constitute substantial compliance with the requirements of this section unless such manner of delivery is agreed to in writing by the affected mobilehome owner. (Ords. 97- § 5; 95-31.) SECTION VI. Section 540-2.604 of the County Ordinance Code is amended, to include some of the minimum requirements that must be met before a rent increase becomes effective,to read: 540-2.604 Failure to comply. Any rent increase, other than a reduction in housing service without a concurrent decrease in space rent, imposed by the park owner without providing notice that substantially complies with the requirements of section 540-2.602 or without holding a meeting shall be void and invalid, and such failure to comply by the park owner shall be a defense in any action brought by the park owner to recover possession of the mobilchome space or to collect any rent increase that should have been covered by such notice and meeting. A rent increase shall not be considered to be in substantial compliance with the Ord. 97- February 26, 1997 6 — E).,s requirements of section 540-2.602 until at least all of the following requirements are met within the following time frames: (a) The park owner has provided at least thirty (30) days' notice of an informal meeting to all mobilehome owners affected by the proposed rent increase; (b) At least forty-five (45) days have elapsed following the holding or commencement of the informal meeting to discuss the rent increase; (c) At least ninety (90) days have elapsed since the provision of a notice of rent increase which contains all of the information required by section 540-2.602; and (d) At least eighty-five (85) days have elapse following the Rent Review Officer's receipt of the notice of rent increase and a complete list of the names and addresses of all of the mobilehome owners who received notice of the rent increase. (Ords. 97-_, § 6; 95-31.) SECTION VII. Section 540-2.804 of the County Ordinance Code is amended, to expressly require a petition to state the name and address of the park owner and the park owner's representative, if known to the homeowners, and to make certain clarifying changes to subdivision(b), to read: 540-2.804 Petition. (a) The Rent Review Officer shall review a rent increase upon the filing of a petition in the Office of the Clerk of the Board of Supervisors. The petition shall be signed by more than fifty percent (50%) of the mobilehome owners affected by the rent increase. For purposes of determining the sufficiency of the petition, only one homeowner per occupied space shall be counted. The petition shall include a brief summary of the amount of disputed space rent increase or reduction in service without concurrent decrease in space rent, and shall designate the name and address of the mobilehome owners' representative, the name and address of the mobilehome park, and the name and address of the park owner and the park owner's representative if known to the homeowners. (b) Subject to section 540-2.604, the petition shall be filed no later than thirty (30) days after the effective date of the rent increase, except that for a reduction in housing service without a concurrent reduction in space rent for which notice and a meeting was not provided, a petition may be filed no later than sixty (60) days after discovery of the alleged rent increase. With respect to major rent increases effective before the effective date of this chapter but after September 20, 1994, the petition shall be filed within thirty (30) days after the effective date (July 27, 1995) of this chapter. No petition may be filed to review rent increases effective on or before September 20, 1994. (c) The petition shall be accompanied by any filing fee imposed by the Board of Supervisors to defray the cost to the County of processing the petition and conducting the major rent increase review. Ord. 97- February 26, 1997 - 7 - (d) Upon the filing of the petition,the Clerk of the Board of Supervisors will forthwith forward the petition to the Rent Review Officer. (Ords. 97-_, § 7; 95-31.) SECTION VIII. SEVERABILITY. This ordinance shall be liberally construed to achieve its purposes and preserve its validity. If any provision or clause of this ordinance or apphcation thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable and are intended to have independent validity. SECTION IX. PREEMPTION. Nothing in this ordinance is intended, and should not be deemed, to excuse or prevent compliance with any State or federal law, If any provision of this ordinance is found by a court of competent jurisdiction to be preempted by any applicable State or federal law, the Board of Supervisors declares that its intent is for such provision to be severable from the remainder of the ordinance, and the remainder of the ordinance is to be given effect in accordance with the provisions of Section VIII of this ordinance. SECTION X. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of the Supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PASSED on by the following vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: _ Deputy Board Chair [SEAL] LTF H1LFUJr,DOCS4NOBSLEHO\2497.W PD Ord. 97- February 26, 1997 - 8 - l. , i0 Contra -TO: BOARD OF SUPERVISORS Costa ti ost FROM: WATER COMMITTEE / SUPERVISOR GAYLE B. UILKEMA,CHAIR u ��l SUPERVISOR JOE CANCIAMILLA DATE: March 4, 1997 SUBJECT: REPORT FROM WATER COMMITTEE ON SHIP CHANNEL NAVIGATION PROJECTS SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Authorize Chair to sign a letter to the US Army Corps of Engineers indicating support for further deepening of the Southampton Shoal Channel,and indicating that the County will act as local sponsor for the project. 2. Authorize a 32,SW allocation of County Water Agency funds as a contribution to the California Marine Navigation Conferences'study of the economic Impacts of ship channel dredging,and DIRECT the Audltor-Controller to release these funds immediately. 3. Authorize County Water Agency staff travel to Washington DC to provide testimony relative to funding for ship channel projects as part of the California Marine Navigation Conference. FISCAL IMPACT 1. The local share of costs incurred for the Southampton Shoal deepening would be paid by the beneficiaries of the deepening project. 2,3. Funding for the economic study and Washington DC travel will be paid through the County Water Agency,where funds are budgeted for this purpose. No general funding would be used. CONTINUED ON ATTACHMENT: _X YES SIGNATURE: T RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE APPROVE _OTHER 1 SIGNATURES}: Supervisor Gayle B. Uilkema, Chair vi r Joe Canciamilla ACTION OF BOARD ON _ March 4, 1997 APPROWD A�MENDED _rX OTHERS VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ----------- I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION ABSENT: ABSTAIN: TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS Contact: Roberta Goulart (510) 335-1228 ON THE DATE SHOWN. cc: Comnvinity Development Department ATTESTED March 4, 1997 Auditor-Controller 4OUARD BATCHELOR, CLERK 0 HE IL OF SUP SO AND NTY AD NI OR RG:rw RRG4:3-4WC.7bd P Board Order Water Committee Report on Ship Channel Navigation Projects March 4, 1997 - Page 2 - RFASONS FOR RECOMMENDATIONS 1. Contra Costa County has been involved in ship channel dredging projects since the San Francisco-to- Stockton Ship Channel Project was authorized in 1965,in order to enable safe transport of crude to the oil industries located within the County. Currently,the third phase of this project, also known as the Baldwin Ship Channel, involves the dredging of the channel from Richmond to Avon, in east county, to -45 MLLW,to allow oil tankers to proceed up the channel to the refineries. In addition, another project,known as the Marine Pipeline link, allows tankers to access a proposed pier in the Richmond Point Molate area, and proposes to transport crude via pipeline, rather than dredging the channel. Both are described as alternatives in the environmental documentation to be released in April 1997, and both projects would have the desired effect of reducing or eliminating lightering (off loading) of crude onto smaller ships in San Francisco Bay. The County is the Local Sponsor and the CEQA Lead Agency for this project. Completion of this phase of the project, in turn, creates the need for some additional deepening (to-50 feet) of the Southampton Shoal Channel, not originally envisioned in the 1965 authorization, but recognized by the Corps of Engineers. The Southampton Shoal Channel deepening was completed in 1988, to -45 MLLW. In 1997 Congress authorized $100,000 for a reconnaissance study of the Shoal, and $600,000 is currently in the President's FY 1998 Budget for a feasibility study which includes design and engineering for the project. The Federal Government requires cost-sharing provisions to be in place prior to funding release for the feasibility phase of this project. Cost sharing requires a local government sponsor. As with the other ship channel projects, the County would not incur these costs,butwould pass costs through to be paid by beneficiaries of the project. 2. An economic study was commissioned by the California Marine Navigation Conference, in order to more adequately assess the primary and secondary benefits to the California and national economy, of dredging California ports and harbors. This is an element which is consistently understated in testimony to Congress relative to requests for federal funding for these projects. Given the current budgetary climate, it was determined to be particularly helpful to have this information in order to demonstrate the positive effects of funding for these projects. The Auditor should direct funding to Gerry Pope,Executive Director of the California Marine Navigation Conference at 813 Harbor Boulevard,#290,West Sacramento, California, 95691. 3. County Water Agency staff has traveled to Washington for several years as part of the California Marine Navigation Conference to provide testimony to Congressional subcommittees and agencies indicating the need and requesting funding for County ship channel dredging projects. Our success in obtaining funding for our projects is due in large measure to efforts in Washington. This year, staff will be supporting the funding in the President's Budget for the Southampton Shoal, pursuing funding for the Baldwin project, and meeting with Corps of Engineers headquarters personnel on local sponsorship issues associated with New York Slough and the Suisun Channel. RG:rw RRG4:3-4wc.7bd 1 p .. -- _Southmpton. SSM s' UCISCO MAX 2DA Cxmmm IMCCIDWs"M sT00Y ISO saa4saaai500 may saw Channel to located ams: 2 miles vest of the City of San Frsmoi000. The Southampton shoal Chamaal is located approximately OF mdles North of San Franoisos beta" Sagas 2slaad and %L*hmood Surber. Way Provide deep draft ma"Unt, military, esemossial fishing nad *thus vessel a000ss to Ports within the Region. Us loss has tannage wes approx. 73,543,000. The lass SeathamPtea shoal Channel tonnage was 20o839,000. loth foreign and dagaisnsgtis ships traverse the mar chancel cad Southha,RWton shoal deepening tthe ss-toatt deep ar Channel anddraft vessel Operations teot Southampand designs tr nSShoal Channell beevenima the lar and Southampton steal Channel will allow "for and more eft orient navigation of oil taakess 'emtasiag the bay to be leaded lose fully, whieh will Require tans vassal tdpa to deliver the sees *meet of cargo. Currently, annual mainteaaae* dredging maintains the Sam Channel to an existing design depth of 51 toot width *f 2.000 toot and length of approximately 20,400 was, Idt104 deepening at the Ban Faandeoo Saw aroma el antbesiso4 t7 Oct 1was ae�leted in toss, The modification to as foot deep by Past Of eSaa Isandamo Say to Stoektoa Navigation Caaaaels, Cho wu eaapleted In fob 1971. the soothouptan shoal Channel is dredged annually to maintain a design depth of A toot end width of $00 toot from deepwater to the enter iiahsend Sasbor. 2aitial deepening of the channel was autbarised by 27 Oct 2961 au a part of the San Francisco say to Stockton Navigation Channels, CA and completed in Yagasbos ISS$. AOTS MIXTI08 LANOMM S,angnage inear"tating Southampton Shoal Channel late the study area was intredused into the Nasse mopert by Cangroosman halo and subsequently approved with the ascourscnw of ebaisan Nyasa. - LZMM Or AmTxxr sy %otter dated 20 Nay 1996, the aponsom ospwessed support tow the study and fellow on Cost Shaming. )AM ACCCMVL1SHHZn& PLUM in IT 91 Snitiato the Feasibility study. Feasibility activities include aedieant testing, navigation simulation, anitural sosouross analysis, Study and Project Wa agemamt, Xnviroawmntal and Sconomic studies, Oaotechaiaal analysis at the chumal, Seal !state, plan Fascination Activities, Surveying and !tapping, Design sad cost Satimmtss. 1 ROM ACCC16Ai.1s709.7rrS with 77 07 Fabs Ff 27 toads of $100M will be used to initiate and cosplote Us meooaadssanoe phase of the study, meaanaaissanas activities include dev*loping the project taotaboet and proj*ot a"" of wank few the feasibility stady, FnL%L MUTZAL APZWSaL MzpDR?- Tbo $an FranoLsoo oar Chow" sopert was sanpleted in War 93 in sarpenos to a CtCs-PL mace dated 10 Doe 12 which directed spo to eospi*ta the Mepost ander S.I. Authority, ening DIM toads Under Section 215 of the Flood Central Act of 1070, Final Initial Appraisal Deport for southaxpton Shoal channel was ooSPlotod in September loo$ in Reopens to a letter tsom shipping oaneeras nsiag the Southampton Shoal Channel. Sts Soport Used C&MSanding ander Seatiem 716 et the Fuad Control Act of 1970. AMC= Ocpmssxmz D29Ta1CTs/xKPxUZmTIVSS, 7 Miller, s - IIoonsoy (D)r t - Dulosi CD)# 32 - Seat** W) iCMMMZ - %aitiato Menem study - Jac 97 - Meooaruisaanoe twist Conference - Jul s7 - signing of FCSA - sop 97 - lnitiat* FxU • Nov 27 Complete TW - Omt o9 At rr • , f .. r, LYyorYtrd 7lJ6 CALIFORNIA MARINE AFFAIRS AND NAVIGATION CONFERENCE 813 Narbor Boulevard, 0298 - West Sacramento,CA 95691 Phono/Fax(702) 747-2243 Rod Wndn Cor — John MCTappmi %No chmv� . ferret« Gadd Pope 4arw�D'*ery October 8,1996 Ms.Roberta Goulart Contra Costo County 651 Phe St.,4th Floor Martinez CA 94553-0095 SUBJECT: FUND RAISING-ECONOMIC BENEFIT STUDY Door Roberta: The California Morino Affairs and Navigation Conference Is asking the Clinton Administration and Congress to Increase appropriations for California ports and harbors. Spearheading this effort B an aggressive campaign of presontations to the Administration,Office of Management and Budget, Senate and House Appropriations Committees,The Undersecretory of Army far Civil Works,Corps of Engineers and other key agencies, information on the benefits to the State and National economy will show positive results from the Investment of federal dollars In all Callfomlo ports and harbors. ° Credibility of economic data presented will depend on completion of the Benefit Survey C-MANC started in 1995. Your financial support is needed now to finish the study at a cost of$30,000. The tfmotobie for study completion will be February 1997 In flme for use In Moref-Apol appropriations hearings and other agency presentations. C-MANC members with projects in One for appropriations will benefit directly from the supporting data produced In this study. Commercial and Industry members will derive benefit from the continued funding of engineering.deslan,cirodging and othet work to be done In moving forward oil California projects. Your participation and financial support of this effort will assure success In our quest for continuing appropriations for California projects. Thank you for you Interest. Sincerely. o � X < o xfi.c: r C' i rodL.P " _ • fFx olive irec or GLP:dp rCA CA r-- Z s 8 f 0 m '44 C � uu = e $ 4 �f Z .•moi�,.• N Do ex ao ao Q© r ° oov, sif+ r zcyy�� ��o �•'�j}z � �{ y di The Board of Supervisors Contra Phil==Uih 9omd"""�"'"'°` D,(� County Administration Building Costa C0W4Adff*°1r&W 651 Pine Street, Room 106 (510)335-1900 Martinez,California 94553.1293 County / ,Mm 1lophrh,1a DMid J e t Go*&tlWMW 2nd D'Ntid et.'.....;......o,,, DOMm 0AfOh1,3b D4M _ fi ��',• Wek�Dvhe�1h�u�k�OYh�r,41t D'gtict it - Jos (O `per STq_WN Lt. Colonel Thompson July 15, 1997 District Engineer, San Francisco District U.S. Army Corps of Engineers 333 Market Street San Francisco, CA 94105-2197 Dear Lt. Colonel Thompson: On March 4, 1997, the Contra Costa County Board of Supervisors authorized this letter in order to convey support for deepening of the Southampton Shoal to -50 feet MLLW, as part of the Southampton Shoal and extension project. The Board also indicated that they would act as local sponsor for deepening of the Southampton shoal and extension project. As you know, for many years, the County has supported projects which have the benefit of keeping industry located within the County viable. In addition, the County supports projects which have potential to eliminate lightering in San Francisco Bay, a potentially dangerous practice of off-loading vessels containing crude products onto smaller vessels, thus enabling `lightered' vessels to proceed further upstream to refining facilities. The Southampton Shoal and extension deepening project will provide an opportunity for fully- laden vessels to proceed to off-loading facilities located off the Point Orient area of Richmond, California. The County has been working with the US Army Corps of Engineers for some time on reconnaissance study of this project. The County looks forward to moving forward with feasibility study, in FY 1998. The County understands our cost-sharing responsibilities during the feasibility and construction phases of the project. The Contra Costa County Board of Supervisors and staff look forward to continuing to work with you on this project. If you have questions,please contact Roberta Goulart at(510) 335- 1226. Sincerely, Mark DeSaulnier Chair, Board of Supervisors Contra TO: BOARD OF SUPERVISORSCosta County FROM: HARVEY E. BRAGDON DIRECTOR OF COMMUNITY DEVELOPMENT �..• cS~ 0 Sr'4 COi3R� DATE: February 27, 1997 SUBJECT: CONTINUED HEARING OF A RECONSIDERATION REQUEST BY GREG & SANDRA MOORE TO ESTABLISH A RESIDENTIAL BUILDING SITE WITHIN AN AREA ON WHICH DEVELOPMENT RIGHTS ARE HELD BY THE COUNTY AT 7400 JOHNSTON ROAD IN THE TASSAJARA AREA. (County File #ZI967624) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENMTIQNS Approve Option A below. OPTIONS Option A - Refer to Zoning Administrator Refer this matter to the Zoning Administrator for appropriate action including processing of small lot review application for proposed residential development . Qg ion B - Continue Hearing o Beard' s April 13 1997 g arilg Continue the hearing on this matter to the Board of Supervisors ' April 13 , 1997 meeting. FISCAL IMPACT Continued review by County staff and the consulting Geologist is resulting in continued expenses of staff . This request is not subject to an application fee in the County' s fee schedule so the County is unable to recover costs . BACKGROMM/REASONS FOR R OMM .NDAT70N The Moores are seeking to establish a residential site on a hillside portion of a site on which the County acquired development rights at the time the property was subdivided in 1982 . There had CONTINUED ON ATTACHMENT: _X YES SIGNATURE _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDA ON OF ARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON March 4 1997 APPROVED AS RECOMMENDED _ x _ OTHER %_ See attached Addendum VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT --- TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ' Contact: Bob Drake (335-1214) Orig: Community Development Department ATTESTED March 4 . 1997 CC: Greg & Sandra Moore PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS Darwin Myers (via CDD) AND 1JNTY ADMINISTRATOR BY v/ DEPUTY P4 been documentation that this portion of the site lay within an area that may be subject to unstable soils (landslide) . On November 21, 1996 , the Moores filed their request with the County. The Board of Supervisors initially considered their request on January 14, 1997, at which time staff indicated that geotechnical concerns should be satisfactorily resolved before considering a vacation of the grant deed of development rights to allow the proposed residential building site. The request filed by the Moores triggered a time limit under the provisions of the Grant Deed of Development Rights for the County to act on the proposal or risk an automatic and potentially undesirable approval . At the January 14, 1997 hearing, the Board unanimously voted to deny the request but also authorized a reconsideration in order to provide more time for the Moores to meet with staff to see if the matter could be worked out . Documentation Provided By Applicant ' s Soils Engineer On January 28, 1997, the applicant submitted a report prepared by his geotechnical engineer, Michael J. Merrill of Merrvil Engineering, Inc . on the project . The County' s Consulting Geologist indicated that the report had not sufficiently documented that the project would be feasible from a geotechnical standpoint . Meeting with the Applicant On February 20, 1997, staff met with Greg Moore, Michael Merrill , and the County' s Consulting Geologist . At that meeting, the County' s Consulting Geologist indicated that additional geotechnical investigation (without necessarily involving subsurface exploration) may be able to adequately demonstrate the feasibility of the proposed development . It was agreed by all at the meeting that such investigation should proceed before considering approval of the proposed building site . The County Consulting Geologist was to advise the Moore ' s soils engineer on the specific scope of work for this investigation. The Moore' s soils engineer indicated that preparation of the report would take approximately 30 days. County staff indicated that upon submittal of the report, it would be referred to the County' s Geotechnical consultant for peer review. Discussion If the report satisfied the County' s Consulting Geologist and staff that the project is geotechnically feasible, then the applicant would still need to process a small lot review application and vacation of the grant deed of development rights before the development could be approved. If after reviewing the report the County' s Consulting Geologist was not satisfied that the geotechnical feasibility of the proposed development had been adequately satisfied, then the matter might come back to the Board of Supervisors for further consideration. At this point in time, the matter should be referred to the Zoning Administrator for further review of the request . Alternatively, the Board could continue the Board' s hearing to a time when the geotechnical review by the applicant ' s soils engineer and County staff had been completed. c : \wpdoc\moore2 .bo RD\ -2- P4 ADDENDUM TO ITEM DA March 4, 1997 On February 25, 1997, the Board of Supervisors continued to this date, the hearing on a reconsideration request by Greg and Sandra Moore (Applicants), (County File #ZI 96-7624) to establish a residential building site within an area on which development rights are held by the County at 7400 Johnston Road, Tassajara area. Following testimony by Greg Moore, applicant, and all persons desiring to speak having been heard, the Board discussed the issues. Supervisor Gerber moved approval of Option A, and Supervisor Uilkema seconded the motion. IT IS BY THE BOARD ORDERED that the hearing is CLOSED; and OPTION A of staffs recommendations is APPROVED;