HomeMy WebLinkAboutMINUTES - 01171989 - 2.9 a.9
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 17, 1989 , by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Oakley Road Relocation and/or Abandonment
I
The' Board received the attached report dated January 17,
1989 from J. Michael Walford, Public Works Director, relative to
clarification if the alignment of the Oakley Road "extension" .
Mr.; Walford advised that the portion of Oakley Road at
issue is a dirt road which has probably existed for approximately
one hundred years, serving various properties on the east side of
the railroad tracks in Oakley. He stated that portions of the road
are no longer within the dedicated right-of-way. Mr. Walford
stated that since it is not a County-maintained road, he would
recommend that no action be taken on the request to relocate the
roadway into the public right-of-way and that County personnel be
directed not to use the roadway.
Rob McGuire, 161 Donaleen Court, Martinez, one of the
owners of the involved property, stated that a survey performed
shortly after purchase of the property revealed that the road lies
40 to 50 feet within his property line. He requested that the
public right-of-way be abandoned in order to enable him to
establish the property line and put a fence up.
Supervisor Torlakson inquired whether Mr. McGuire would
be willing to deed back to the County that portion of the right-of-
way which is on his property.
Mr. McGuire replied that he would have no problem with
that, since he has never challenged the fact that there is a public
right-of-way there.
Henry Cartan, Porter Estate Company Oakley Ranch, Inc. ,
100 Bush Street, Suite 800, San Francisco 94104, owner of the
adjacent property, stated that the Oakley Road "extension" is the
only access to his property. He noted also that the sanitation
district uses the road to haul chlorine into the sewer plant, and
if the County abandons the road the district would be forced to
haul the potentially dangerous material through a residential area.
Supervisor Torlakson commented on the need to resolve
the issue fairly and urged the landowners to meet with County staff
and other involved parties in an effort to come to an agreement.
Board members being in agreement, ITIS ORDERED that the
matter of relocation and/or abandonment of the Oakley Road
"extension" is REFERRED to the Public Works Director and County
Counsel to meet with landowners and representatives of the sewer
districts and PG&E to review options for an equitable resolution.
cc: Public Works Director
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County Counsel �r� y' trtser,d::-_,.._._-.. .
County Administrator ar. action to,,.en aced
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Henry Cartan ATYM,TED; �7,
PHIL BA7f�[Pd_�__
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Of Supe,ilso s cnd Ccunty Administrator
By V , Deputy
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TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: January 17, 1989
SUBJECT: Board Referral Dated May 10, 1988 - Clarification of
Alignment of Oakley Road "Extension"
Specific Request(s) or Recommendation(s) & Background &
Justification
I. RECOMMENDATION
APPROVE the following course of action.
1. Do not take any action to relocate the existing non-
County maintained roadway into the dedicated public
right of way, and
2. APPROVE the Public Works Director's decision that
Public Works personnel shall not travel on the roadway
beyond the entrance road portion leading to the
!Oakley-Bethel Island Waste Management Authority
facilities.
3 . REAFFIRM the 1977 Board decision to not abandon the
road right of way known as Oakley Road "Extension. "
II. FINANCIAL IMPACT
The Oakley Road travel restriction for Public Works Depart-
ment employees could cause slightly higher costs for the
Oakley-Bethel Island Waste Management Authority.
Continued on attachment: X yes Signature-.--
Recommendation
ignature:Recommendation of County Administrator
Recommendation of Board Committee
Approve Other:
Signature(s) :
Action of Board on:
roved as Recommended Other
Vote of Supervi s I HEREBY CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF AN
Unanimous (Ab t ) ACTION TAKEN AND ENTERED ON
Ayes: Noes: THE MINUTES OF THE BOARD OF
Absent: Abstain: SUPERVISORS ON DATE SHOWN.
Attachments (3)
Attested
Originator: Public Works PHIL BATCHELOR,
cc: County Administrator CLERK OF THE BOARD
County Counsel OF SUPERVISORS AND
Community Development Dir. COUNTY ADMINISTRATOR
Public Works Dept.
Engineering Services
Maintenance
Mr. Roy Cunha via PWD
Mr. Robert McGuire (via PWD)
Mr. Kevin Lally (via PWD)
MFK:rs
BO: 13 .t12 By
DEPUTY CLERK
III. REASONS FOR RECOMMENDATIONfBACKGROUND
The alignment of Oakley Road "Extension" in Oakley between
the AT&SF Railroad right of way and the center of Section 25
has been determined to be centered along the north line of
Section 25. On March 1, 1897 the Board of Supervisors
declared the 45 foot wide strip a "Public Highway" . The
road has not been abandoned, although an attempt to abandon
a portion of the road was denied by the Board of Supervisors
in 1977. The physical road has gradually migrated out of
the road right of way and onto private property adjacent to
it. The private property owner wants the road moved back
into the proper right of way.
Oakley Road "Extension" is not a County maintained road.
Staff has researched with County Counsel the legal rights
and responsibility of the County with regard to the roadway
and the request of the affected property owner that the road
be relocated back into the dedicated right of way. Because
the road is not maintained by the County, the County should
not take action to relocate it. Further, to avoid trespass
by County personnel servicing the Oakley-Bethel Island Waste
Management Authority plant, staff has been directed not to
travel on the portion of the roadway beyond the formal
access road to the sewer treatment plant.
On March 22, 1988, the Board received a written request from
Robert J. McGuire, Jr. requesting the Board authorize staff
to commence the legal process for abandonment of the Oakley
Road "extension" right of way. Staff has received letters
from Henry Cartan (Porter Estate Company) , Dwight Meadows
(Oakley-Bethel Island Wastewater Management Authority) , and
Leonard Celoni (Oakley Water District) requesting that the
Board not abandon the legal right of way for Oakley Road
"Extension". Staff recommends that the right of way be
retained for possible future development.
The costs for relocating the roadway and any related legal
actions should be borne by the parties using the roadway.
IV. CONSEQUENCES OF NEGATIVE ACTION
The County could become embroiled in a legal dispute if it
takes action to relocate the roadway into the legal right of
way.
i