HomeMy WebLinkAboutMINUTES - 10162012 - SD.6RECOMMENDATION(S):
OPEN the public hearing on Resolution 2012/436 and RECEIVE testimony concerning the proposed vacation of a
portion of Orwood Road, and CLOSE the public hearing.
ADOPT the attached Resolution No. 2012/436 approving the vacation of a portion of Orwood Road. Project No.
0672-6R2515 (CP 12-21)
DETERMINE that this activity will not have a significant effect on the environment, and that it has been determined
to be exempt from the California Environmental Quality Act (CEQA) under State CEQA guidelines Article 5,
Section 15061 (b)(3). This Board DIRECTS the Director of the Department of Conservation and Development
(DCD) to file a Notice of Exemption with the County Clerk, and DIRECTS the Public Works Director, or designee,
to arrange for payment of the $50 fee to the County Clerk for filing and a $25 fee to the DCD for processing of the
Notice of Exemption.
DIRECT the Real Estate Division to record a certified copy of the Resolution in the office of the County Recorder.
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
Contact: Jann Edmunds (925)
313-2250
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: , Deputy
cc: PW Maintenance, Transportation Engineering, Records, Computer Services, County Counsel, Recorder, DCD, EBMUD, PG & E, Pacific Bell,
East Contra Costa Irrigation District, Diablo Water District, Reclamition District No. 2024, Cruser Haven Marina
SD. 6
To:Board of Supervisors
From:Julia R. Bueren, Public Works
Date:October 16, 2012
Contra
Costa
County
Subject:HEARING to adopt Resolution No. 2012/436 to vacate a portion of Orwood Road.
FISCAL IMPACT:
100% Road Funds
BACKGROUND:
In 2007, Contra Costa County (County) entered into a Joint Exercise of Powers Agreement (JEPA) with East Bay
Municipal Utility District (EBMUD) to study improvements at an overcrossing approximately 2,000 feet west of
the Cruiser Haven Marina along Orwood Road.
The County has historically provided maintenance of the overcrossing and adjacent easement; however, County
survey staff recently verified that EBMUD owns the overcrossing. The County has notified EBMUD that
maintenance will no longer be provided for the overcrossing, described in the Grant Deed recorded December 6,
1951 in Book 1861 of Official Records, at Page 515. In addition, the County has an easement over a small
segment of Orwood Road, east of the overcrossing. The County intends to vacate this easement and end all road
maintenance activity east of the overcrossing. The County vacating this portion of Orwood Road will have no
effect on the current ownership of the property. The County will continue to maintain Orwood Road west of the
overcrossing.
The Resolution of Intention was posted two weeks before the hearing, in accordance with Streets and Highway,
Code Section 8323.
CONSEQUENCE OF NEGATIVE ACTION:
The County would continue to maintain an area unnecessary for public use.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
Speakers: Larry Dooley, nearby property owner; Kevin Hinman, Cruiser Haven Marina; Daniel A. McDaniel,
Delta Farms Reclamation District No. 2024; Roy Mazzanti, MNM Farms, Inc. CLOSED the hearing;
DECLINED to take action on the matter; DIRECTED staff to return the matter to the Board in late summer of
2013 following the completion of a traffic study.
ATTACHMENTS
Resolution No. 2012/436
CEQA
Certificate of Posting
Exhibit A
Recorded at the request of:Contra Costa County
Return To:Jann Edmunds, Public Works
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 10/16/2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2012/436
Vacation of a portion of Orwood Road W.O. # 2515
Discovery Bay Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
On September 11, 2012, this Board passed Resolution No. 2012/372, declaring its intention to vacate the s portion of Orwood
Road described in Exhibit "A" attached hereto and incorporated herein by this reference and fixed October 16, 2012, at 10:00
a.m., in its Chambers, as the time and place for the hearing thereon, and ordered that the resolution be published or posted as
required by law, which was done as shown on affidavits on file with this Board.
The hearing was held at that time and place, this Board hearing and duly considering all evidence offered concerning the vacation
by all interested parties.
This Board hereby FINDS that the public road is unnecessary for present or prospective public use.
This Board hereby FINDS that this activity will not have a significant effect on the environment, and that it has been determined
to be exempt from the California Environmental Quality Act (CEQA) under State CEQA guidelines Article 5, Section 15061
(b)(3).
This Board declares that the hereinabove described proposed vacation area is HEREBY ORDERED VACATED subject to any
reservation and exception described in attached Exhibit "A". From and after the date this Resolution is recorded, the portion
vacated no longer constitutes a public road.
The Real Estate Division is ORDERED to record a certified copy of this Resolution in the office of the County Recorder.
Contact: Jann Edmunds (925) 313-2250
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 J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc: PW Maintenance, Transportation Engineering, Records, Computer Services, County Counsel, Recorder, DCD, EBMUD, PG & E, Pacific Bell,
cc: PW Maintenance, Transportation Engineering, Records, Computer Services, County Counsel, Recorder, DCD, EBMUD, PG & E, Pacific Bell,
East Contra Costa Irrigation District, Diablo Water District, Reclamition District No. 2024, Cruser Haven Marina