The URL can be used to link to this page

Home My WebLink AboutMINUTES - 09131994 - 1.151 m a 1.149 through 1.158 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 13, 1994, by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ SUBJECT: CORRESPONDENCE Item No. 1.149 LETTER dated August 19, 1994, from R. Moazzami, M.D., 242 Marshall Drive, Walnut Creek 94598,requesting that consideration be given to redrawing property lines because of the absence of responsibility for the maintenance of open space in the vicinity of Marshall Drive. ***REFERRED TO FIRE CHIEF, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT 1.150 LETTER dated August 22, 1994,from Donna Burke,Director of Public Affairs, Pacific Bell,2600 Camino Ramon, Room 1E106, San Ramon 94583, advising of the policy and cost for including "shelter-in-place" guidelines in the Customer Guide Section of the Pacific Bell Directory. ***REFERRED TO COUNTY ADMINISTRATOR AND HEALTH SERVICES DIRECTOR 1.151 LETTER dated August 29, 1994,from J.Motely,Chairman,Off-Highway Motor Vehicle Recreation Commission, State Department of Parks and Recreation, P. O. Box 942896, Sacramento 94296, urging the County to inventory its roads and if appropriate,to make claim to the Federal Bureau of Land Management(BLM)or U. S. Department of Forestry because of improper land confiscation by the BLM. ***REFERRED TO PUBLIC WORKS DIRECTOR 1.152 LETTER dated August 8, 1994,from I.Listrom,P.O.Box 39,Clayton 94517,submitting a petition requesting the Board to assign a task force composed of Foster Parents, Social Service and Public Health representatives to address the needs of a high risk group of children in foster care. ***REFERRED TO SOCIAL SERVICE DIRECTOR 1.153 LETTER dated August 31, 1994, from L. Kaufman, Chief,Facility Permitting Branch, Hazardous Waste Management Program, State Department of Toxic Substances Control, 700 Heinz Avenue, Suite 200,Berkeley 94710,requesting the Board to authorize the County Community Development Department to assist with the preparation of an Environmental Impact Report for the closure plan for the hazardous waste management facility at the West Contra Costa Sanitary Landfill. ***REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR AND. COUNTY COUNSEL 1.154 LETTER dated August 30, 1994, from J. Browne, District Director, State Department of Transportation, P.O. Box 23660, Oakland 94623, advising that the Governor and Legislature has provided additional funding from the sale of short term bonds for the completion of the 1-680/24 Interchange project. ***ACKNOWLEDGED RECEIPT STATF.OF CALIFORNIA-RESOURCES AGENCY PETE WILSON,Governor DEPARTMENT OF PARKS AND RECREATION OFF-HIGHWAY MOTOR VEHICLE RECREATION COMMISSION .W4�, P.O.BOX 942896,SACRAMENTO,CA 94296-0001 1(916)653-8241 August 29, 1994 uG3 � 19� . . A S�PE�visaas epp,FO 0 ID CO CLERKCC�Tr Dear Members of the Board of Supervisors: The California Off-Highway Motor Vehicle Recreation(OHMVR) Commission would like to bring to your attention a matter of potential concern for every city and county in the State of California. The concern arises out of the potential loss of city and country roads that benefit your constituents by the Federal Government. The Mining Act of 1866 (later known as revised statutes 2477 and finally codified at 43 USC §932 in 1938) provided that"The right-of-way for the construction of highways over public lands, not reserved for public uses, is hereby granted." The purpose of the statute was to promote settlement of the West. Under the statute, highways could be constructed without any prior approval of the Federal Government or documentation of public land records. This statute was repealed by the Federal Land Policy and Management Act (FLMPA) of 1976 after 110 years of effectiveness. However, roads established before October 21, 1976, on lands not reserved prior to their establishment are still protected as valid existing rights-of-way. 1/ Since 1977, the Federal Bureau of Land Management began a wilderness inventory for BLM lands with roadless areas. The point of this inventory is apparently to determine if certain areas should be declared wilderness areas which by definition must be"roadless". Thus, a conflict between city and county R.S. 2477 rights-of-way for roads and the Federal Government regarding land it wishes to take has arisen. This conflict could cause your city or county to lose valuable property rights which it and your constituents may own. c The California OHMVR Commission is urging individual cities and counties to assert rights to city or county roads that traverse all Federal lands. Claims should be made to the BLM, or U.S.National Park Service, or the U.S. Fish and Wildlife Service depending upon which agency manages the property. Any county or city.(i.e., a public entity) in whose jurisdiction the road lies may make a claim. It should also be remembered that when the Federal Government takes these right-of-ways, it is liable in inverse condemnation for the taking if a timely claim and lawsuit is initiated. The statute of limitations exists under a quiet-title statute at 28 USC §2409a that limits the right to file a lawsuit against the United States to 12 years from the date the party discovers the adverse Federal claim or is put on notice thereof. l Members of the Boards of Supervisors Page 2 You should also be aware that the U.S. Department of the Interior is proposing regulations which define roads so as to require a public thoroughfare for the passage of people with evidence of an intentional physical act to modify the land for highway traffic. This definition is much more restrictive than previously used. It is also especially inappropriate when recognition is given to the fact that many of these roads were initially created by wagon trains and animals ridden for transportation. Public comment should be made protesting this transparent attempt to eliminate many roads which rightfully belong to your cities and counties and which may currently be serving as important and traditional back country byways, trail segments or corridors. 2/ The OHMVR Commission urges you to protect the rights of your county or city by inventorying your county roads and making the appropriate claims to the BLM or Department of Forestry which are currently reviewing claims that are made. If the Federal Government fails to honor a valid claim you must take legal action to perfect the claim or obtain payment in inverse condemnation for your public entity. Sincerely, John Motley Chairman 1/ Reserved lands must have been withdrawn or dedicated by the Federal Government prior to the establishment of the road for a particular purpose (e.g., a public park). 2/ Comments must be submitted in writing by September 30, 1994, to the U.S. Department of the Interior, Main Interior Building, 1849 "C" Street,N.W., Room 5555, Washington, D.C. 20240. CONTRA COSTA COUNTY CLERK OF THE BOARD TO: Mike Walford, Director Date: August 31, 1994 Public Works Director FROM: Jeanne Maglio, Chief Clerk SUBJECT: County Roads - -------------- The attached letter is scheduled for listing on the September 13 , 1994, Board Agenda (Correspondence Section) as noted below: LETTER from Chairman, Off-Highway Motor Vehicle Recreation Commission, State Department of Parks and Recreation, urging the County to inventory its county roads and make appropriate claim to the Federal Bureau of Land Management (BLM) or U. S. Department of Forestry because of possible improper land confiscation by the BLM. (REFER TO PUBLIC WORKS DIRECTOR) Recognizing that there may be a time factor associated with this letter, it is being informally referred to you prior to action taken by the Board. Should you disagree with the text of this agenda item or desire to have it handled in some other manner, please so advise me (Ext. 6-2376) . cc: County Counsel