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MINUTES - 07221997 - C86
TO: BOARD OF SUPERVISORS s Its Costa FROM: VAL ALEXEEFF, DIRECTOR �� County GROWTH MANAGEMENT AND ECONOMIC DEVELOPMENT AGENCY DATE: JULY 22, 1997 SUBJECT: SOUTHERN PACIFIC RIGHT-OF-WAY MANAGEMENT PROGRAM SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS DIRECT the Public Works Department, the Community Development Department and the County Redevelopment Agency to jointly develop a Management Program for the former Southern Pacific San Ramon Branchline Right of Way (SPROW) from Concord to the Alameda County line. The Management Program shall be developed with participation by the public through a committee to be determined by Supervisors DeSaulnier and Gerber and shall include 1) mapping of existing and committed uses within the SPROW, 2) inventory of all existing license agreements, easements, contracts and conditions for uses withing the SPROW, 3) establishment of criteria and standards to ensure the continued operation of the SPROW as a joint use facility, 4) landscaping program consistent with existing and committed uses, 5) public information program and 6) funding mechanisms to cover program costs, including installation and maintenance of landscaping. DIRECT the Public Works Director to notify residents adjacent to the right of way of the County's intent to develop a Management Program for the SPROW. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT E APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON4AA, APPROVED AS RECOMMENDED X. OTHER X This order reflects the arm language by the Board of Supervisors on this date. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Julie Bueren (510/313-2342) ATTESTED a cc: Community Development Department PHIL BA CH OR, CLERK OF Public Works THE BOARD OF SUPERVISORS GMEDA D CO NTY AD I ISTRATOR Redevelopment Agency BY , DEPUTY JB/:aw , j:\groups\cdadpool\audrey\sprow.bo Southern Pacific Right-of-Way Management Program July 22, 1997 Page 2 FISCAL IMPACT No impact to the General Fund. Development of the Management Program will be funded with SPROW Trust Fund and Pleasant Hill BART Redevelopment Agency funds. BACKGROUND/REASONS FOR RECOMMENDATIONS Contra Costa County purchased the former Southern Pacific San Ramon Branchline Right of Way (SPROW) between Concord and the Contra Costa/Alameda County line, allowing this corridor to be preserved for a variety of public uses including future transit. The County used a State transportation grant to fund the acquisition. The grant required a 100% local match which was funded through the sale of easements to Central Contra Costa Sanitary District, East Bay Municipal Utility District and the Flood Control District. A portion of the right of way was purchased with Redevelopment Agency Funds. The State acquisition grant requires that the right of way be preserved for a future mass transit facility. In addition to the utility easements which were sold to fund the purchase, there are other petroleum users within the right of way. Southern Pacific maintained an easement for its high-pressure pipeline. The East Bay Regional Park District has a license agreement for 20 feet for a recreational and commuter trail within the right of way. More recently a fiber optic line was installed. The County has been careful in the selling or granting of easements and licenses for other public uses to preserve the opportunity for a mass transit project The County and the Redevelopment Agency have received numerous requests from citizens adjacent to the right of way to develop the SPROW as a linear park. The practice has been not to allow any planting or landscaping of the right of way as it might interfere with existing uses and the potential for future transit use. However, it is possible that some areas for planting may be identified that would not impede existing or future uses of the right of way. With a growing number of uses for the right of way, it is now necessary to develop a Management Program for the right of way that would accommodate all desired uses. Elements of the management program would include: - Mapping: Preparation and maintenance of right of way maps that record the locations of all existing and committed uses and easements. - Use Conditions: Inventory- of existing license agreements, contracts, and conditions for existing and committed uses. - Joint Use Criteria and Standards: Establishment of criteria and standards to ensure the coexistence of the existing and committed uses, and to evaluate the ability to accommodate new uses that may be proposed in the future. - Landscaping: Identification of the location and type of landscaping that can be accommodated in the right of way, and the cost for installation and maintenance. - Public Information: Development of a public information element to inform interested individuals of the management program. - Funding: Update of existing fees and establishment of new mechanisms to cover program costs. Specific mechanisms will be established to cover installation and maintenance of landscaping, such as formation of an assessment district, private contributions, grant funding or a combination of new revenue sources. Southern Pacific Right-of-Way Management Program July 22, 1997 Page 3 The right of way has been surveyed to identify the existing easements and to determine an area for future transit. The record maps from the survey have been finalized from Ygnacio Valley Road to the County line. The portion north of Ygnacio Valley Road will be finalized soon. With this information, it will be possible to determine if there are any areas within the right of way that are appropriate for landscaping. Criteria for types of landscaping need to be developed to ensure that any plantings are compatible with the existing and future uses in the right of way. At this time, there is no funding source for planting within the right of way or for maintenance of landscaped areas. The Southern Pacific Right of Way Trust Fund currently funds the property management and limited maintenance for weed abatement. However, a more extensive management program that includes landscaping would require additional funding. Alternatives for funding may include formation of an assessment district, private contributions, grant funding or a combination of sources. The SPROW is of great interest to communities adjacent to the right of way and development of the Management Program shall allow for public participation. After the Management Program is completed, it will be submitted for adoption by the Board of Supervisors. Until a Management Program is adopted, the County will continue its current policies and practices for the right of way. CONSEQUENCES OF NEGATIVE ACTION Without the development of a Management Program for the SPROW, the County will continue its existing policies and practices to manage the right of way, which does not allow for landscaping. WOI,TEIT•! - ®ON'T SAY IT! M103 ©_ CONTRA COSTA COUNTY TO -/ALfj:!r2 , v DATE FROM SUBJECTC B(o ovA 1 r SIGNED PLEASE RE ER TO DATE SIGNED INSTRUCTIONS - FILL IN TOP PORTION, REMOVE DUPLICATE (YELLOW) AND FORWARD REMAINING PARTS.TO REPLY,FILL IN LOWER PORTION,RETAIN TRIPLICATE(PINK)AND RETURN ORIGINAL. "--EORM M103 Con TO: BOARD OF SUPERVISORSt � _ ' _ Costa FROM: VAL ALEXEEFF, DIRECTOR - �� County GROWTH MANAGEMENT AND ECONOMIC DEVELOPMENT AGENCY DATE: JULY 22, 1997 SUBJECT: SOUTHERN PACIFIC RIGHT-OF-WAY MANAGEMENT PROGRAM SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS REFER the following recommended actions to the Transportation Committee for their review and input: DIRECT the Public Works Department, the Community Development Department and the County Redevelopment Agency to jointly develop a Management Program for the former. Southern Pacific San Ramon Branchline Right of Way (SPROW) from Concord to the Alameda County line. The Management Program shall be developed with participation by the public and shall include 1) mapping of existing and committed uses within the SPROW, 2) inventory of all existing license agreements, easements, contracts and conditions for uses withing the SPROW, 3) establishment of criteria and standards to ensure the continued operation of the SPROW as a joint use facility, 4) landscaping program consistent with existing and committed uses, 5) public information program and 6) funding mechanisms to cover program costs, including installation and maintenance of landscaping. DIRECT the Public Works Director to notify residents adjacent to the right of way of the County's intent to develop a Management Program for the SPROW. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTIONOF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _ UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Julie Bueren (510/313-2342) ATTESTED cc: Community Development Department PHIL BATCHELOR, CLERK OF Public Works THE BOARD OF SUPERVISORS GMEDA AND COUNTY ADMINISTRATOR Redevelopment Agency BY , DEPUTY JB/:aw j:\groups\cdadpool\audrey\sprow.bo Southern Pacific Right-of-Way Management Program July 22, 1997 Page 2 FISCAL IMPACT No impact to the General Fund. Development of the Management Program will be funded with SPROW Trust Fund and Pleasant Hill BART Redevelopment Agency funds. BACKGROUND/REASONS FOR RECOMMENDATIONS Contra Costa County purchased the former Southern Pacific San Ramon Branchline Right of Way (SPROW) between Concord and the Contra Costa/Alameda County line, allowing this corridor to be preserved for a variety of public uses including future transit. The County used a State transportation grant to fund the acquisition. The grant required a 100% local match which was funded through the sale of easements to Central Contra Costa Sanitary District, East Bay Municipal Utility District and the Flood Control District. A portion of the right of way was purchased with Redevelopment Agency Funds. The State acquisition grant requires that the right of way be preserved for a future mass transit facility. In addition to the utility easements which were sold to fund the purchase, there are other petroleum users within the right of way. Southern Pacific maintained an easement for its high-pressure pipeline. The East Bay Regional Park District has a license agreement for 20 feet for a recreational and commuter trail within the right of way. More recently a fiber optic line was installed. The County has been careful in the selling or granting of easements and licenses for other public uses to preserve the opportunity for a mass transit project The County and the Redevelopment Agency have received numerous requests from citizens adjacent to the right of way to develop the SPROW as a linear park. The practice has been not to allow any planting or landscaping of the right of way as it might interfere with existing uses and the potential for future transit use. However, it is possible that some areas for planting may be identified that would not impede existing or future uses of the right of way. With a growing number of uses for the right of way, it is now necessary to develop a Management Program for the right of way that would accommodate all desired uses. Elements of the management program would include: Mapping: Preparation and maintenance of right of way maps that record the locations of all existing and committed uses and easements. Use Conditions: Inventory of existing license agreements, contracts, and conditions for existing and committed uses. - Joint Use Criteria and Standards: Establishment of criteria and standards to ensure the coexistence of the existing and committed uses, and to evaluate the ability to accommodate new uses that may be proposed in the future. - Landscaping: Identification of the location and type of landscaping that can be accommodated in the right of way, and the cost for installation and maintenance. Public Information: Development of a public information element to inform interested individuals of the management program. Funding: Update of,existing fees and establishment of new mechanisms to cover program costs including specific mechanisms to cover installation and maintenance of landscaping, such as formation of an assessment district, private contributions, grant funding or a combination of new revenue sources. Southern Pacific Right-of-Way Management Program July 22, 1997 Page 3 The right of way has been surveyed to identify the existing easements and to determine an area for future transit. The record maps from the survey have been finalized from Ygnacio Valley Road to the County line. The portion north of Ygnacio Valley Road will be finalized soon. With this information, it will be possible to determine if there are any areas within the right of way that are appropriate for landscaping. Criteria for types of landscaping need to be developed to ensure that any plantings are compatible with the existing and future uses in the right of way. At this time, there is no funding source for planting within the right of way or for maintenance of landscaped areas. The Southern Pacific Right of Way Trust Fund currently funds the property management and limited maintenance for weed abatement. However, a more extensive management program that includes landscaping would require additional funding. Alternatives for funding may include formation of an assessment district, private contributions, grant funding or a combination of sources. The SPROW is of great interest to communities adjacent to the right of way and development of the Management Program shall allow for public participation. After the Management Program is completed, it will be submitted for adoption by the Board of Supoervisors. Until a Management Program is adopted and funding mechanisms are implemented, the County will continue its current policies and practices for the right of way which does not allow for landscaping or planting. CONSEQUENCES OF NEGATIVE ACTION Without the development of a Management Program for the SPROW, the County will continue its existing policies and practices to manage the right of way, which does not allow for landscaping.