HomeMy WebLinkAboutMINUTES - 10122012 - C.07RECOMMENDATION(S):
APPROVE the conveyance of real property to the State of California, in accordance with the Cooperative Agreement
No. 4-2152, between the State of California (State) and Contra Costa County (County), et al pursuant to Streets and
Highways Code Sections 83 and 960. Project No. 4460-6X4487
DETERMINE, pursuant to Streets and Highways Code Section 960, that the County no longer requires portions of
Marsh Creek Road, a local roadway, that are depicted in the Exhibit “A” attached hereto and incorporated herein by
reference (“Designated Roadway”), for county highway purposes because it was adopted by the State in January
2012, as part of State Highways pursuant to Streets and Highways Code Section 83;
AUTHORIZE the Chair, Board of Supervisors, to execute three Quitclaim Deeds on behalf of the County.
DIRECT the Real Estate Division of the Public Works Department to cause said Quitclaim Deeds to be delivered to
the State of California for recording.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/16/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: Karen Laws, 925-313-2228
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 16, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: STACEY M. BOYD, Deputy
cc: J. Carlson
C. 7
To:Board of Supervisors
From:Julia R. Bueren, Public Works
Date:October 16, 2012
Contra
Costa
County
Subject:APPROVE the conveyance of portions of Marsh Creek Road to the State of California.
FISCAL IMPACT:
No Fiscal Impact.
BACKGROUND:
The County, as a member of the State Route 4 Bypass Authority (Authority), has been working collaboratively
with the State Department of Transportation (“Caltrans”), for the past two decades to convey the State Route 4
Bypass (“SR4 Bypass”) to Caltrans for acceptance into the State Highway System. In January 2012, the County,
the State, the Authority, and the Cities of Antioch, Brentwood, and Oakley (the “Cities”), entered into a
Cooperative Agreement No. 4-2152, which included the transfer of the Designated Roadway to the State. Under
that agreement, the State also agreed to transfer its interests in a previously existing segment of State Route 4
(from the existing SR 160/Main Street Interchange to Marsh Creek Road) to the County and Cities. The State,
County, Authority, and Cities are working to effectuate these real property exchanges under the terms of the
Cooperative Agreement.
The State adopted the SR4 Bypass and portions of local roads into the State Highway System as a new segment
of State Route 4 in January 2012. The Designated Roadway is located within the SR4 adopted right of way. The
State has exercised its authority under Streets and Highways Code Section 83 to assert jurisdiction over the
Designated Roadway as part of the State Highway System. Under Streets and Highways Code Section 83, if a
portion of a public highway is within the boundaries of a state highway, then it is part of the state highway right
of way and no compensation is required.
The Cooperative Agreement requires the County to confirm the State’s exercise of its authority under Streets and
Highways Code Section 83 by executing Quitclaim Deeds for the parcels that comprise the Designated Roadway.
The Board of Supervisors therefore may authorize the conveyance of County’s interests in the Designated
Roadway to the State on terms that the Board deems appropriate, pursuant to Streets and Highways Code section
960.
Staff recommends that, in order to fulfill County’s obligations under the Cooperative Agreement, the Board of
Supervisors authorize the conveyance of the parcels that comprise the Designated Roadway to the State by
Quitclaim Deeds, pursuant to Streets and Highways Code sections 83 and 960. This action was subject to the
environmental process for the SR 4 Bypass Project. On November 12 and December 8, 1994, the Authority held
public hearings on the State Route 4 Bypass Project and supporting environmental documents. The Authority
approved the Project and certified the EIR on December 13, 1994, multiple addenda have followed. The adoption
of the State Route 4 Bypass as State Route 4 and relinquishment of a portion of existing State Route 4 was
envisioned in the 1994 EIR prepared for the State Route 4 Bypass project. The four-volume 1993 Draft EIR for
the Bypass Project, together with the 1994 EIR volume, the 11th Addenda, and the Supplement EIR now comprise
the approved EIR and environmental record for the State Route 4 Bypass Project.
CONSEQUENCE OF NEGATIVE ACTION:
The County will not be in compliance with the Cooperative Agreement.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Exhibit A