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Home My WebLink AboutMINUTES - 03112014 - D.4RECOMMENDATION(S): ADOPT the attached Resolution No. 2014/68 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 the project is exempt from the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061 (b)(3) of the CEQA Guidelines. DIRECT the Director of the Department of Conservation and Development (DCD) to file a Notice of Exemption with the County Clerk, and AUTHORIZE 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. FISCAL IMPACT: 100% Local Road Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/11/2014 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 Federal D. Glover, District V Supervisor 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: March 11, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Property Owners D.4 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:March 11, 2014 Contra Costa County Subject:ADOPT Resolution No. 2014/68 to vacate a portion of Orwood Road. BACKGROUND: Orwood Road (County Road #8963) is a local road approximately 2.7 miles long located in the Discovery Bay area. The roadway runs west to east from Bixler Road to the Delta. Approximately 2.5 miles east of Bixler Road, the roadway crosses the East Bay Municipal Utility District (EBMUD) Mokelumne Aqueduct. The Mokelumne Aqueduct consists of 3 pipelines elevated above the ground. The roadway at this location (overcrossing) crosses up and over the pipelines on imported fill. The overcrossing which was constructed by EBMUD does not meet current Contra Costa County (County) standards. It consists of narrow travel lanes, sharp curves, steep grades, and adverse super elevation. The County roadway terminates approximately 1,000 feet east of the overcrossing and approximately 1,000 feet west of Cruiser Haven Marina. The County has historically provided maintenance of the overcrossing and adjacent roadway east of the overcrossing. In 2007, the County entered into a Joint Exercise of Powers Agreement (JEPA) with EBMUD to study improvements at the overcrossing along Orwood Road. In accordance with the JEPA, the County sent EBMUD a Final Study Report in 2008 presenting alternative improvements for the overcrossing. Upon further review of the roadway, County survey staff verified that EBMUD owns the overcrossing and that the County has no easement right across the aqueduct Right-of Way overcrossing. In 2011, the County notified EBMUD that maintenance would 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. The County has offered to accept a road easement from EBMUD for the overcrossing, if EBMUD were willing to bring the overcrossing up to current County standards or fund one of the alternatives identified in the Final Study Report. EBMUD has indicated that they do not have the financial capacity to make improvements to the overcrossing and they intend to maintain the overcrossing in its current state. The existing County easement east of the overcrossing, approximately 1,000 feet long, is not contiguous to the rest of the County roadway. The County intends to vacate this easement and end all road maintenance activity east of the overcrossing. On October 16, 2012, a Public Hearing for the vacation of a portion of Orwood Road was held at the Board of Supervisors; however, no action was taken on the item. Staff was directed to obtain additional information. Since then, traffic counts have been collected at the site and project maps have been revised for a clearer depiction of the proposed portion of Orwood Road recommended for vacation. Public Works staff has attempted to contact all adjacent property owners and notify them of the proposed vacation of a portion of Orwood Road. The County vacating this portion of Orwood Road will have no effect on the current ownership of the property or access to adjacent properties. The County intends to continue maintenance of Orwood Road west of the overcrossing. On February 11, 2014, a Resolution of Intention to vacate a portion of Orwood Road was approved by the Board of Supervisors. The Resolution of Intention was posted two weeks before the hearing, and published in the Contra Costa Times once a week for two consecutive weeks prior to the hearing in accordance with Streets and Highways Code, Section 8323. In addition, the Resolution of Intention was mailed to all adjacent property owners. 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 CONTINUED to April 29, 2014 at 9:00 a.m. ATTACHMENTS Resolution No. 2014/68 letter proposed abondonment letter proposed abondonment Orwood Vacation CEQA Exhibit A Orwood Recorded at the request of:Public Works, Real Estate Division Return To:Julie Carlson, Real Estate THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 03/11/2014 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Resolution No. 2014/68 Vacation of a portion of Orwood Road) W.O. # 2515) Discovery Bay Area) The Board of Supervisors of Contra Costa County RESOLVES THAT: On February 11, 2014, this Board passed Resolution No. 2014/50, declaring its intention to vacate the County Street described in Exhibit "A" attached hereto and incorporated herein by this reference and fixed March 11, 2014, at 9:30 a.m., in its Chambers, as the time and place for the hearing thereon, and ordered that the resolution be published and 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: March 11, 2014 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy By: , Deputy cc: Property Owners