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HomeMy WebLinkAboutMINUTES - 10031989 - 2.3 r ' V TO: BOARD OF SUPERVISORS FROM: Harvey E. Bragdon Contra CO Director of Community Development Costa DATE: September 28 , 1989 SUBJECT: Concord Naval Weapons Station County SPECIFIC REQUEST(S) OR RECOMMENLATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt __,�Re s o lut_i on 89/6.52 ! approving the amendment to the County General Plan as described in the staff report except as modified in the September 12, 1989 Board Order on this subject and instructing that it be included into one of our combined plan amendments for 1989. 2. Adopt Resolution _ 89/6.55 approving the vacations of portions of Waterfront Road, Port Chicago, Highway and all of Main Street. Such vacation shall not be effective until the terms and conditions of the MOU are met. 3 . Approve the CEQA findings on this project which are Attachment A to the resolution approving the General Plan Amendment. 4. Authorize the Chairman of the Board to sign appropriate documents for the transferal of all real estate interests including, but not limited to the lease (Attachment A. ) , quit claim deed, and any other documents necessary to complete the terms of the MOU. 5. Authorize the County Administrator and the Director of Office of Emergency Services to sign a long-term access agreement with the Concord Naval Weapons Station. (Attachment B'. ) CONTINUED ON ATTACHMENT: X YES SIGNA RECOMN92MATION OF COUNTY ADMINISTRATOR RECOMMENDAT OF COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON October 3, 1989 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES:I , III , IV, V NOES: II ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development ATTESTED October 3, 1989 CAO PHIL BATCHELOR, CLERK OF Auditor-Controller THE BOARD OF SUPERVISORS County CounselCO MINISTRATOR Public Works Concord Naval Weapons Station BY (-L7 � DEPUTY JWC/jb/M4/navlweap.bos .0 r {, r 6. Establish a trust fund for transportation purposes for deposit of the $5 million in mitigation funds. Those monies shall be administered by the Community Development Department and shall be limited to transportation purposes in the general area of the Concord Naval Weapons Station. 7. Reaffirm all additional, recommendations found in the staff report and as outlined on the September 1, 1989 Board Order on this item. 8. Direct the Community Development and Public Works Department to initiate studies on determining the appropriate road alignments for completion of the collector road network in the area as outlined in the General Plan Amendment. 9. Formally request the California Highway Patrol to continue law enforcement during the interim period and during periods of public use- during emergencies. FISCAL IMPACT The closure of these roads will reduce the County maintenance costs (after approximately 5 years) . The County shall receive $5 million in mitigation funds for transportation purposes. BACKGROUND JUSTIFICATION On September 12, 1989, the Board indicated its intent to adopt the Concord Naval Weapons Station General Plan Amendment and associated vacations, with minor versions to the staff proposal. Recommen- dations 1 and 2 follow through on that direction. Recommendation 3 deals with proposed CEQA findings which have been prepared by the Navy and County staff consistent with Board indicated direction. The short-term lease has been developed under the direction of Bill Gray, our consultant, to handle the 5 year interim period after vacation when the County wishes to keep the road open to the public. A committee from the Community Develop- ment Department, County Counsel' s Office, the Navy and Bill Gray worked out this lease. The long-term agreement has been developed based on a meeting sponsored by the Office of Emergency Services. In attendance were County staff along with public protection agencies serving the area. With the transfer of funds to the County, a trust fund needs to be established to handle disbursement of the monies. Adminis- tration of the trust fund will be handled by the Community Develop- ment Department with uses limited to transportation purposes in the general area. The closure of these roads will trigger the need for the County to proceed on subsequent implementation measures which can be resolved via recommendations 7, 8, and 9. C, ATTACHMENT A' October 3, 1989 DEPARTMENT OF THE NAVY GENERAL PURPOSE LEASE PART I LEASE between COUNTY OF CONTRA COSTA, State of California, hereinafter called the "LESSEE", and the United States of America, acting by and through the Department of the Navy, represented by the Commander, Western Division, Naval Facilities Engineering Command, San Bruno, California, hereinafter called the "GOVERNMENT" . 1. LEASED PROPERTY: Under the terms and conditions of this lease the GOVERNMENT hereby leases to the LESSEE that portion of Port Chicago Highway, Waterfront Road and Main Street, hereinafter called Roads and described on Exhibit "A" attached hereto and made a part hereof. 2. TERM: The term of this lease will be for the period beginning , which is concurrent with the issuance of a Quitclaim Deed to the Government as outlined in Paragraph 8 of the Memorandum of Understanding dated June 21, 1988 (referred to as "MOU") and attached hereto and made a part hereof as Attachment "A" . The lease shall continue up to unless sooner terminated. 3. RENT: None. LESSEE will be required to maintain the Roads at its sole expense as privately-owned roads pursuant to the California Streets and Highways Code Section 969.5. 4. USE: The sole purpose for which LESSEE shall use the Leased Property in the absence of prior written approval of the GOVERNMENT for any other use is the following: Road purposes by general public, including LESSEE, its officers, agents and employees. S. HOLD HARMLESS: County shall indemnify and hold harmless Navy from the County's share of liability arising from the Roads by the general public caused by the negligence or willful misconduct of County, its officers or employees. The Navy shall be responsible for damage, injury, death or loss arising from the actions by Navy or its employees in accordance with the Federal Tort Claims Act. In the event the Navy undertakes construction on or adjacent to the Roads, the Navy agrees to include in the construction contract language: (1) requiring the contractor(s) to provide comprehensive general liability insurance and vehicular insurance naming the County, its officers and employees as additional insureds in an amount and form which the Navy normally requires for its 1 construction projects; and (2) requiring the contractor(s) to indemnify the County, its officers and employees to the same extent as the contractor indemnifies the Navy. Nothing in this agreement is intended to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. 6. GENERAL PROVISIONS: General Purpose Lease Part II is attached hereto and made a part hereof. The term "Local Government Representative" as it appears in the General Purpose Lease Part II is synonymous with the term "Contracting Officer" as it appears in General Purpose Lease Part I. 7. RELATIONSHIP TO MEMORANDUM OF UNDERSTANDING: Nothing in this lease is intended to be inconsistent with the terms of the Memorandum of Understanding (MOU) dated June 21, 1988 between the Department of the Navy and the County of Contra Costa concerning the closure of portions of Port Chicago Highway, Waterfront Road and Main Street through the Concord Naval Weapons Station. In the event of inconsistency or conflict between this lease and the MOU, the MOU shall take precedence over the lease. S. LOCAL GOVERNMENT REPRESENTATIVES: The Commander has designated the Director of the Real Estate Division to act as Contracting Officer. All correspondence concerning this lease shall be directed to: Commander Western Division, Naval Facilities Engineering Command Real Estate Division P. O. Box 727 San Bruno, California 94066-0720 Telephone (415) 877-7600 All terms and conditions with respect to this lease are expressly contained herein and the LESSEE agrees that no representative or agent of the GOVERNMENT has made any representation or promise with respect thereto not expressly contained herein. 9. LOCAL COUNTY- REPRESENTATIVE: Contra Costa County has designated the County Administrator to act as the County's Representative. All correspondence concerning this lease shall be directed to: County Administrator Contra Costa County Administration Building 11th Floor 651 Pine Street Martinez, CA 94553-0006 2 10. EXECUTION BY LESSEEt. COUNTY OF CONTRA COSTA Dated By TOM TORLAKSON, Board Chair ATTEST: PHIL BATCHELOR Clerk of the Board of Supervisors and County Administrator By Deputy Approved as to form: VICTOR J. WESTMAN County Counsel By 11. EXECUTION BY GOVERNMENT THE UNITED STATES OF AMERICA Department of the Navy Western Division Naval Facilities Engineering Command P. O. Box 727 San Bruno, California 94066-0720 Signature witness CHARLES J. WILLIAMS Director Real Estate Division Real Estate Contracting Officer Date 3 DEPARTMENT OF THE NAVY GENERAL PURPOSE LEASE PART II A. GENERAL MAINTENANCE OBLIGATION LESSEE, at its own expense, scall so protect, maintain and repair the Leased Property, that the same will at all times be kept in at least as good condition as when received hereunder, subject, however, to ordinary wear and tear and loss or damage for which LESSEE is not liable hereunder. B. RISK OF LOSS-INSURANCE LESSEE shall bear risk of loss of or damage to the Leased Property from the uses specified in Section 4 , USE of Part I, and Section A of Part II, GENERAL MAINTENANCE OBLIGATION. The LESSEE, being self-insured does not require proof of a written insurance policy. C. REPRESENTATIONS LESSEE has examined, knows and accepts the condition and state of repair of the Leased Property and the Station of which it forms a part, and acknowledges that the GOVERNMENT has made no representation concerning such condition and state of repair or keep in repair the same, or any item thereof, which has not been fully set forth in this lease which contains all the agreements made and entered into between the LESSEE and the GOVERNMENT. D. SUBJECTION TO EXISTING AND FUTURE EASEMENTS AND RIGHTS OF WAY The lease is subject to all outstanding easements and rights of way for location of any type of facility over, across, in and upon the Leased Property, or any portion thereof, and to the right of the GOVERNMENT to grant such additional easements and rights of way over, across, in and upon the Leased Property as it shall determine to be in the public interest; Provided, that any such additional easement or right of way shall not unreasonably interfere with public use of the Roads. There is hereby reserved to the holders of such easements and rights of way as are presently outstanding or which may hereafter be granted, to any workers officially engaged in the construction, installation, maintenance, operation, repair, or replacement of facilities located thereon, and to any Federal, State or local official engaged in the official inspection thereof, such reasonable rights of ingress and egress over the Leased Property as shall be necessary for the performance of their duties with regard to such facilities. 4 E. TERMINATION BY GOVERNMENT This lease may be terminated by the Government in the interest of National Defense if a national emergency is declared by the President or Congress or upon breach of lease by LESSEE. Before the Government may exercise its option to terminate the lease under this section, in the event of breach by LESSEE, the Government shall first dive to LESSEE written notice of the breach and a reasonable opportunity for LESSEE to cure the breach, which shall not be less than 30 days. Should LESSEE cure the breach within that time, the lease shall not be subject to termination for such breach. F. TERMINATION BY LESSEE LESSEE shall have the right to terminate this Lease upon (30) days written notice to the Local Government Representative in the event of damage to or destruction of all of the improvements on the Leased Property or such a substantial portion thereof as to render the Leased Property incapable of use for the purposes for which it is leased hereunder; Provided, (1) the Local Government Representative either has not authorized or directed the repair, rebuilding or replacement of the improvements or has made no provision for payment for such repair, rebuilding or replacement by application of insurance proceeds or otherwise, and (2) that such damage or destruction was not occasioned by the fault or negligence of LESSEE or any of its officers, agents, servants, employees, subtenants, licensees or invitees, or by any failure or refusal on the part of LESSEE to fully perform its obligations under this lease. LESSEE shall have the right to terminate the lease for all or portions of Waterfront Road, Main Street or Port Chicago Highway independent of the other Leased Property by mutual consent of the LESSEE and the Navy. G. SURRENDER Upon the expiration of this lease or its prior termination, LESSEE shall quietly and peacefully remove itself and its property from the Leased Property and surrender the possession thereof to the GOVERNMENT. During such period prior to surrender, all obligations assumed by LESSEE under this lease shall remain in full force and effect; Provided, however that if the Local Government Representative shall, in his sole discretion, determine that such action is equitable under the circumstances, he may suspend, in whole or in part, any further accruals of Rent between the date of termination of the lease and the date of final surrender of the Leased Property. H. RESTORATION OF LEASED PROPERTY 5 Before the expiration .or prior termination of this lease, LESSEE shall restore the Leased Property and each item thereof to the condition in which it was received or to such improved condition as may have resulted from any improvement made therein by the GOVERNMENT or by LESSEE during the lease term, subject however, to ordinary wear and tear and loss or damage for which LESSEE is not liable hereunder. LESSEE shall have a reasonable time to accomplish such restorations which time shall not exceed 30 days. I. UTILITIES AND SERVICES In the event that the GOVERNMENT shall furnish LESSEE with any utilities and services maintained by the GOVERNMENT which LESSEE may require in connection with its use of the Leased Property, LESSEE shall pay the GOVERNMENT the charges therefor. Such charges and the method of payment thereof shall be determined by the appropriate supplier of such service, in accordance with applicable laws and regulations, on such basis as the appropriate supplier of such service may establish, which may include a requirement for the installation of adequate connecting and metering equipment at the sole cost and expense of LESSEE. It is expressly agreed and understood that the GOVERNMENT in no way warrants the continued maintenance or adequacy of any utilities or services furnished by it to LESSEE. J. LIENS LESSEE shall promptly discharge or cause to be discharged any valid lien, or stop notice, except one in favor of the GOVERNMENT, which at any time may arise or exist with respect to the Leased Property or materials or equipment furnished therefor, or any part thereof, and if the same shall not be promptly discharged by LESSEE, the GOVERNMENT may discharge, or cause to be discharged, the same at the expense of LESSEE. This section shall apply only to liens and stop notices arising through LESSEE's activities and created after the beginning of the lease term. R. ACCESS The GOVERNMENT shall have access to the Leased Property at all reasonable times for any purposes not inconsistent with the quiet use and enjoyment thereof by LESSEE, including, but not limited to, the purpose of inspection. L. COVENANT AGAINST CONTINGENT FEES LESSEE warrants that no person or agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial agencies maintained by LESSEE for the purpose of 6 securing business. For breach or violation of this warranty, the GOVERNMENT shall have the right to annul this lease without liability or in its discretion to require LESSEE to pay, in addition to the rental or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. M. OFFICIALS NOT TO BENEFIT No member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this lease, or to any benefit to arise therefrom, but his provision shall not be construed to extend to this lease if made with a corporation for its general benefit. N. FAILURE OF GOVERNMENT TO INSIST ON COMPLIANCE .The failure of the GOVERNMENT to insist, in any one or more instances, upon performance of any of the terms, covenants, or conditions of this lease shall not be construed as a waiver or relinquishment of the GOVERNMENT's right to the future performance of any such terms, covenants or conditions and LESSEE's obligations in respect to such future performance shall continue in full force and effect. O. ASSIGNMENT OR SUBLETTING LESSEE shall not transfer or assign this lease or any interest therein nor sublet or otherwise make available to any third party or parties any portion of the Leased Property or rights therein without the prior written consent of the Government. Under any assignment made, with or without consent, the assignee shall be deemed to have assumed all of the obligations of LESSEE hereunder, but no assignment shall relieve the assignor of any of the LESSEE's obligations hereunder except for an extension of the lease term beginning after such assignment, and then only if the Government shall have consented hereto. P. NOTICES No notice, order, direction, determination, requirement, consent, or approval under this lease shall be of any effect unless in writing. All notices required under this lease shall be addressed to LESSEE, or to the Local Government Representative, as may be appropriate, at the addresses thereof specified in this lease or at such other addresses as may from time to time be agreed upon by the parties hereto. Q. ADMINISTRATION The Local Government Representative specified in Article 7 of this lease shall, under the direction of the Commander, Naval Facilities Engineering Command, have complete charge of the 7 administration of this lease, and shall exercise full supervision and general direction thereof insofar as the interests of the GOVERNMENT are affected. R. DISPUTES Any disputes which may arise in interpreting the provisions of this lease shall be resolved through negotiations between the Navy and the LESSEE. S. LABOR PROVISIONS With respect to work on the Leased Property which is completed by contract personnel, LESSEE agrees to comply with the following labor provisions: (1) Equal Opportunity During the tem of this lease the LESSEE agrees as follows: (a) The LESSEE will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The LESSEE will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; selection for training including apprenticeship. The LESSEE agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the GOVERNMENT setting forth the provisions of this nondiscrimination clause. (b) The LESSEE will, in all solicitations or advertisements for employees placed by or on behalf of the LESSEE, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The LESSEE will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided by the GOVERNMENT, advising the labor union or worker's representative of the LESSEE's commitments under this Equal Opportunity clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The LESSEE will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, and of the rules, regulations, and relevant orders of the Secretary of Labor. 8 (e) The LESSEE will furnish all information and reports required by Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13 , 1967, and by the rules, regulations, and orders of the Secretary of Labor or pursuant thereto, and will permit access to his books, records, and accounts by the GOVERNMENT and the Secretary of Labor for purposes of investigating to ascertain compliance with such rules, regulations, and orders. (f) In the event of the lessee's noncompliance with the Equal Opportunity clause of this lease or with any of said rules, regulations, or orders, this lease may be cancelled, terminated or suspended in whole or in part and the lessee may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24 , 1965, as amended by Executive Order 11375 of October 13 , 1967, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13 , 1967, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The LESSEE will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24 , 1965, as amended by Executive Order 11375 of October 13 , 1967, so that such provisions will be binding upon each sublease or vendor. The LESSEE will take such action with respect to any sublessee or purchase order as the Government may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event of the LESSEE becomes involved in, or is threatened with, litigation with sublessee or vendor as a result of such direction by the Government, the LESSEE may request the United States to enter into such litigation to protect the interests of the United States. (2) Convict Labor In connection with the performance of work required by this lease, LESSEE agrees not to employ any person undergoing a sentence of imprisonment at hard labor. (3) Contract Work Hours Standards Act (40 U.S. Code 527 . 330) This lease, to the extent that it is a contract of a character specified in the Contract Work Hours Standards Act (40 U.S.C. 327-330) and is not covered by the Walsh Healy Public Contracts Act (41 U.S.C. 35-45) , is subject to the following provisions and exceptions of said Contract Work Hours Standard Act and to all other provisions and exceptions of said law: 9 (a) The LESSEE shall not require or permit any laborer or mechanic in any workweek in which he is employed on any work under this contract to work in excess of 8 hours in any calendar day or in excess of 40 hours in such workweek on work subject to the provisions of the Contract Works Hours Standards Act unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all such hours worked in excess of 8 hours in anv calendar day or in excess of 40 hours in such workweek, whichever is the greater number of overtime hours. The "basic rate of pay, " as used in this clause, shall be the amount paid per hour, exclusive of the LESSEE' s contribution of cost for fringe benefits and any cash payment made in lieu of providing fringe benefits, or the basic hourly rate contained in the wage determination, whichever is greater. (b) In the event of any violation of the provisions of paragraph (a) , the LESSEE shall be liable to any affected employee for any amounts due, and the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph (a) in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages required by paragraph (a) . 10 6247488 RP 00 A.78 MEMORANDUM OF UNDERSTANDING - This Memorandum, made and entered into by and between the United States of America , acting by and through the Department of the Navy (hereinafter called "Navy") and the County of Contra Costa, State of California (hereinafter called "County") , concerns the parties understanding of their respective positions regarding the closure of portions of Port Chicago Highway, Main Street and Waterfront Ro-2d, (hereinafter called "Roads") for the purpose rof meeting safety requirems entin the operation of the Navy's Naval Weapons' Station, Concord, California, (hereinafter called "Station"). 1 . The County agrees to conduct proceedings , pursuant to Streets and Hiahways Code Section 8300 et seq. , to determine whether the publ'ic 's interest in portions of Port Chicago Highway, Main Street and Waterfront Road, as delineated on the sketch marked Exhibit "A" attached hereto and made a part hereof, should be vacated. The Navy agrees to pay all fees and expenses for processing the abandonment/vacation, amending the County's General Plan and completing any recuired environmental review. 2. Upon a determination by the County that the public's interest in the Roads should be vacated , the County shall , concurrently with the Navy's payment to the County of the compensation specified in paragraph 8 below, execute and deliver to the Navy a recordable quitclaim deed to the United States of Fnerica of all . the County's right, title and interest in and to the rights of way/easements for the Roads. The quitclaim deed shall be delivered to the Navy in accordance with the date established in paragraph 8 below. The quitclaim deed shall be subject to all easements reserved for existing, in-use utilities . 3. The Navy agrees that the County may retain sub-surface rights under the Roads abandoned/vacated only for the purpose of granting easements to utility companies to install , maintain, and replace existing or future underground electrical lines , underground natural gas lines , underground sewer lines, underground water lines , telephone, telegraph, cable T.V. , drainage facilities , and underground liquid fossil fuel lines (i .e. oil , gasoline) ; provided, however, that the -written approval of the Commander, Western Division, Naval Facilities Engineering Command, San Bruno, California, will be obtained by County prior to issuance. of any such easement. The Navy reserves the right to refuse installation of any utility lines that is not of the type described above, or whose installation would not be in strict compliance with all federal , state or county laws , ordinances , rules , regulations or codes or for which above ground structures would be required (e.g. unrefined oil heaters) , or for which. frequent maintenance checks or operating procedures would have to be performed inside Navy boundaries. All such easements granted by the County shall provide that the easement shall be subject to the Navy's right to establish and enforce security and safety regulations , and . procedures and restrictions for ingress and egress to the easement area. AMC HMENT A 247488 RP OO A78 4. Upon completion of the County's official abandonment/vacation of the Roads , the Roads shall become privately-owned roads and the Navy shall issue a Right of way Lease to the County for the abandoned roads, permitting County to lease the Roads for use by the general public for the period requested by the County, but not to exceed five years from the date of the official abandonment/vacation. The lease will be for no monetary consideration, but will require that the County maintain the Roads as privately-owned roads , pursuant to the Streets and Hiohways Code Section 969.5 . During the term of the lease, the Navy shall have the richt, with the concurrence of the County, to detour. traffic in connection with any Navy construction project affecting the` Roads. 5 . County shall indemnify and hold harmless Navy from the County's share of liability arising from`' the -use of Roads by the general public c&used by the negligence or willfull misconduct of County, its officers or employees . The Navy shall be responsible for damage, injury, death or loss arising from the actions by N-avy or its employees in accordance with the Federal Tort Claims Act. In the event the Navy undertakes construction on or adjacent to - the Roads , the Navy agrees to include in the construction contract language: (1 ) requiring the contractor(s ) to provide comprehensive general liability insurance and vehicular insurance naming the County, its officers and employees as additional insureds in an amount and form which the Navy normally requires for its construction projects; and (2) requiring the contractor(s) to indemnify the County, its officers and employees to the same extent as the contractor indemnifies the Navy. 6. Nothing in this agreement is intended to affect the legal liability ok either party to third parties by imposing any standard of care different from that imposed by law. 7. Upon actual closure of the Roads by Navy, the Navy shall grant emergency access to the Roads by law enforcement, fire, and other emergency vehicles, subject to the approval of the Commanding Officer of the Station. Public service and commercial utility crews of agencies with utility lines in the Tidal Area shall be granted access to the Roads as stipulated in existing or amended easements or right of way agreements , where appropriate. In addition, should that portion of State Route 4 adjacent to the Roads become blocked due to _ earthquake, major accident, chemical spill or other catastrophic cause, the Navy shall permit vehicular traffic through the Naval Weapons Station, Concord, as a detour during the period of such blockage, subject to approval of the Commanding Officer of the Station. Procedures for gaining access will be specified in interagency agreements. 8. Concurrently with the County's delivery to the Navy of the quitclaim deed under paragraph 2, the Navy agrees to pay the County $5 million to cover the cost of mitigating the impact of the abandonment/vacation of the Roads. The payment of $5 million is subject to authorization and appropriation of the funds by _Congress. The County's use of the compensation shall not be restricted or limited in any manner, so long - ATI'ACTZ= A :: r t6247488RP00A.78 as the funds are used directly or indirectly to mitigate transportation impacts from closure of the Roads. If the funds specified in this paragraph have not been appropriated and tendered to the County by March 31 , 1991 , - unless further extensions by mutual agreement, the County shall not be obligated to deliver a quitclaim deed to the Roads to the Navy and any abandonment/vacation of the Roads previously approved by the County shall be automatically revoked. 9. This Memorandum shall become effective only if approved an4- executed{ by both parties by 21 June 1988 and shall continue in effect until terminated by mutual agreement of the parties. COUNTY OF +CONTRA COSTA UNITED STATES OF AMERICA Recommnde : BkA y: CHARLES J SWI LLI""MS By: Director, Real Estate B RBARA NEUSTA ER Division , Real Estate Deputy Director for Contracting Officer, Transportation Planning Western Division, Naval Facilities Engineering Command Approved BY: PHILIP BATCHELOR County Administrator CONCURRENCE: Commanding Offic Naval Weapons S tion Concord , California FORM APPROVED: VICTOR J. WESTMAN COUNTY COUNSEL BY: �`— eputy ATTACHVIEi T A AITACHMENT B: NAVY - COUNTY LONG TERM ACCESS AGREEMENT This agreement, made and entered into by and between the Naval Weapons Station, Concord, California, (hereinafter called Station) and the County of Contra Costa, State of California (hereinafter called County) , concerns the parties understanding of their respective actions and responsibilities regarding access through Navy property in Contra Costa County via portions of Port Chicago Highway, Main Street, or portions of Waterfront Road, (hereinafter called Roads) for the - purposes of the Station providing access across the Roads, closed by action subsequent to Contra Costa County Board of Supervisors' Resolution which was passed per the attached Memorandum� of Understanding (hereinafter called MOU and provided herein as Attachment A) . In particular, paragraphs 3 , 4 , and 7 of the attached MOU describe circumstances leading to the development of this agree- ment to: (1) provide access to public agencies, easement holders, and right-of-way holders for normal access to; inspect, maintain, repair, and, when covered by approvals as indicated in item 3 construct new utilities; (2) provide emergency access through the Station to agen- cies and their assigned agents for purposes of responding to poten- tially life-threatening situations; and (3) provide access through 1 the Station for the general public in order to bypass general public traffic around California State Highway 4 when blockage of State I: Highway 4 occurs as indicated in paragraph 7 of the attached MOU. I . Normal or emergency access for personnel from public agencies, easement holders, right-of-way holders, and other parties referred to the Station by members of County staff for purposes of investigating or studying options relative to possible construction of new utilities I: per paragraph 3 of the attached MOU can be gained by presenting them- selves at the Badge and Pass office located at the Station main r: entrance. A. It is advisable that normal accesses be coordinated in advance with the Station by telephoning the Station Badge and Pass office in !' advance of the visit to reduce potential delays in processing. l �. B. Access applicants must be U.S, citizens and posses picture identi- fication. Non-United States citizens may be granted access only by advance written request to and approval by the Commanding Officer of the Station. C. Access can be gained by the access applicant presenting them- selves at the Badge and Pass office . The Station Badge and Pass office personnel will issue appropriate personal and vehicle badges and provide directions to the access applicant. D. Emergency access can be gained by the access applicant presenting themselves at the Badge and Pass Offic__e or by telephoning that office to 'arrange meeting a Station security guard at the appropriate gate. - 1 c II . Emergency access through the Station will be provided to certain agencies on high priority special emergency access bases as described in sections II .A through II .D below. A. The affected agencies having special emergency access are: 1 . California Highway Patrol 2 . California Department of Forestry and Fire Prevention 3 . Contra Costa County Sheriff 's Department 4. Contra Costa County Consolidated Fire District 5 . Riverview Fire District 6. Emergency Ambulance Services B. Emergency response personnel from the above agencies shall gain emergency access through the Station by: (1) telephoning the Station Communications Center; or (2) contacting the Station Communications Center by VHF radio; or (3) by coordinating with the Station to install agencies ' locks on appropriate gates where emergency -access may be required. _ C. The Station shall respond to telephone or radio calls by dispatching a guard to open gates where access is needed or will advise guards at open gates that rapid access is needed and to allow rapid passage of the emergency response vehicles. Station personnel will reclose gates, if necessary. D. Above agencies which have locks on Navy gates may open and reclose locked gates as necessary to• respond to emergencies. Alternatively, such agencies which have locks on Navy gates, may, in advance of- encountering a closed and locked gate, call or radio the Station Communications Center to coordinate with the Station to have Station personnel close and lock the gates after the agencies ' vehicles have passed through the gates. III . Emergency access by general public traffic through the Station will be obtained by the Incident Commander, at an accident or catastrophic site, by calling the Station Communications Center by telephone or radio. A. The Incident Commander is the Senior Law Enforcement Official present on the scene of an earthquake, major accident, chemical spill, or other catastrophe. 2 B. The Station Communications Center will obtain the Station Commanding Officer 's concurrence and stipulations to allow general public traffic access through the Station. IV. Sixty to ninety days prior to completion of the lease term described in paragraph 3 of the MOU, the Station shall develop and distribute an attachment for this agreement which provides the latest telephone numbers and radio frequencies to be used as describ,Pd in previous sections of this agreement. A. The attachment shall be labeled as Attachment B and shall~be distributed to: the County Administrator, public agencies, easement holders, and right-of-way holders prescribed by the County , Administrator; the County Office of Emergency Services; the County Office of Emergency Medical Services; and the agencies identified in section II .A of this agreement. B. The distribution of ,Attachment B will be coordinated between the Station and County Administrator. Restricted distribution of some information, such as radio frequencies or certain telephone numbers which are agreed to by the County and Station as being priority communications for selected agencies and Station only, may occur . V. Administrative changes to this document may be executed by mutual agreement of the County Administrator and Commanding Officer of the Station. A. Administrative changes include: changes to names of agencies, elimination of agencies consolidated into others, addition of emergency response agencies to section II.A of this agreement, changes to telephone numbers or radio frequencies or such changes that do not reduce the intent and effects of the- MOU to provide access as prescribed by the MOU. B. Telephone numbers, radio frequencies and similar items of operational reponse significance shall be kept up to date by the Station. A ten-day advance notice shall be normally provided prior to executing such changes. VI . Substantive changes to this document shall be mutually processed and agreed to in writing per the Station and County requirements as prescribed by applicable laws and regulations. 3 f COUNTY OF CONTRA COSTA NAVAL WEAPONS STATION CONCORD, CA CONCURRENCE GARY BROWN EMERGENCY SERVICES DIRECTOR }' APPROVED: APPROVED: BY: BY: PHILIP BATCHELOR DATE: COMMANDING OFFICER DATE COUNTY ADMINISTRATOR ., 6247488RP00A.78 MEMORANDUM OF UNDERSTANDING This Memorandum, made and entered into -by and between the United States of America , acting by and through the Department of the Navy (hereinafter called "Navy") and the County of. Contra Costa, State of California . (hereinafter called "County") , concerns the parties understanding of their respective positions regarding the closure of portions of Port Chicago Highway, Main Street and Waterfront Road, (hereinafter called "Roads") for the purpose, of, meeting safety requirert-lents in the operation of the Navy's Naval Weapons Station, Concord, California, (hereinafter called "Station"). 1 . The County agrees to conduct proceedings , pursuant to Streets and Hiahwa_vs Code Section 8300 et seq. , to determine whether the publ'ic 's interest in portions of Port Chicago Highway, Main Street and Waterfront Road, as delineated on the sketch marked Exhibit "A" attached hereto and made a part hereof, should be vacated. The Navy agrees to pay all fees and expenses fo'r processing the abandonment/vacation, amending the County's General Plan and completing any required environmental review. 2. Upon a determination by the County that the public's interest in the Roads should be vacated, the County shall , concurrently with the Navy's payment to the County of the compensation specified in paragraph 8 below, execute and deliver to the Navy a recordable _ quitclaim deed to the United States of America of all the County's right, title and interest in and to the rights of way/easements for the Roads. The quitclaim deed - shall be delivered to the Navy in accordance with the date established in paragraph 8 below. The quitclaim deed shall be subject to all easements reserved for existing, in-use utilities. 3. The Navy agrees that the County may retain sub-surface rights under the Roads abandoned/vacated only for the purpose of granting easements to utility companies to install , maintain, and replace existing or future underground. electrical lines , underground natural gas lines, underground sewer lines , underground water lines, telephone, telegraph, cable T.V. , drainage facilities , and underground liquid fossil fuel lines (i .e. oil , gasoline); provided, however, that the written approval of the Commander, Western Division, Naval Facilities Engineering Command, San Bruno, California, will be obtained by County prior to issuance. of any such easement. The Navy reserves the right to refuse installation of any utility lines that is not of the type described above, or whose installation would not be in strict compliance with all federal , state or county laws, ordinances, rules , regulations or codes or for which above ground structures would be required (e.g. unrefined oil heaters) , or for which frequent maintenance checks or operating--procedures would have to be performed inside Navy boundaries. All such easements granted by the County shall provide that the easement shall be subject to the Navy's right to establish and enforce security and safety regulations , and . procedures and restrictions for ingress and egress to the easement area. ArLTAC HMENr A , Z41488HPUUA / b _ `4. Upon completion of the County's official abandonment/vacation of the Roads , the Roads shall become privately-owned roads and the Navy shall issue a Right of Way Lease to the County for the abandoned roads, permitting County to lease the Roads for use by the general public for the period requested by the County, but not to exceed five years from the date of the official abandonment/vacation. The lease will be for no monetary consideration, but will require that the County maintain the Roads as privately-owned roads , pursuant to the Streets and Highways Code Section 969.5 . During the term of the lease, the Navy shall have the right, with the concurrence of the County, .to detour traffic in connection with any Navy construction project affecting 'the' Roads. 5 . County shall indemnify and hold harmless Navy from the County's share of liability arising from"the -use of Roads by the general public ceised by the negligence or willfull misconduct of County, its officers or employees . The Navy shall be responsible for damage , injury, death or loss arising from the actions by Navy or its employees in accordance with the Federal Tort Claims Act. In the event the Navy undertakes construction on or adjacent to - the Roads , the Navy agrees to include in the construction contract language: (1 ) requiring the contractors) to provide comprehensive general liability insurance and vehicular insurance naming the County, its officers and employees as additional insureds in an amount and form which the Navy normally requires for its construction projects; and (2) requiring the contractor(s) to indemnify the County, its officers and employees to the same extent as the contractor indemnifies the Navy. 6. Nothing in this agreement is intended to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. 7. Upon actual closure of the Roads by Navy, the Navy shall grant emergency access to the Roads by law enforcement, fire, and other emergency vehicles, subject to the approval of the Commanding Officer of the Station. Public service and commercial utility crews of agencies with utility lines in the Tidal Area shall be granted access to the Roads as stipulated in existing or amended easements or right of way agreements , where appropriate. In addition, should that portion of State Route 4 adjacent to the Roads become blocked due to . earthquake, major accident, chemical spill or other catastrophic cause, the Navy shall permit vehicular traffic through the Naval Weapons Station, Concord, as a detour ' during the period of such blockage, subject to approval of the Commanding Officer of the Station. Procedures for gaining access will be specified in interagency agreements. 8. Concurrently with the County's delivery to the Navy of the quitclaim deed under paragraph 2, the Navy agrees to pay the County $5 million to cover the cost of mitigating the impact of the abandonment/vacation of the Roads. The payment of $5 million is subject to authorization and appropriation of the funds by Congress. The County's use of the compensation shall not be restricted or limited in any manner, so -long ATrlAC H= A t .. ,16247488 RP 00A.78 as the funds are used directly or indirectly to mitigate transportation impacts from closure of the Roads. If the funds specified in this paragraph have not been appropriated and tendered to the' County by 'March 31 , 1991 , unless further extensions by mutual agreement, the County shall not be obligated to deliver a quitclaim deed to the Roads to the Navy and any abandonment/vacation of the Roads previously approved by the County shall be automatically revoked. 9. This Memorandum shall become effective only if approved an4 executeof by both parties by 21 June 1988 and shall continue in effect until terminated by mutual agreement of the parties. COUNTY OF ,CONTRA COSTA UNITED STATES OF AMERICA Recomm nde By: CHARLES J SWi LLIAMS By: Director, Real Estate BARBARA NEUSTA ER Division, Real Estate Deputy Director for Contracting Officer, Transportation Planning Western Division, Naval Facilities Engineering Comimand Approved B Y; flu Y y PHILIP BATCHELOR County Administrator CONCURRENCE: Commanding Offic Naval Weapons S tion Concord,' California FORM APPROVED: VICTOR J. WESTMAN . COUNTY COUNSEL . By: 0— eputy AZ"TACHi� i' A 2. 3 b THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA r Adopted this order on October 3, 1989 by the following vote: AYES: Supervisors Powers, Schroder, McPeak and Torlakson NOES: Supervisor Fanden ABSENT: None ABSTAIN: None RESOLUTION NO. 89/.652 . SUBJECT: In the Matter of Concord Naval ) Weapons Station General Plan ) Amendment ) The Board of Supervisors of Contra Costa County RESOLVE: There is filed with this Board and its Clerk a copy of Resolution No. 32-1989 adopted by the Contra Costa County Planning Commission discussing an amendmentto the County General Plan for the Concord area recommending denial of this plan amendment. On September 12, 1989, this Board held a hearing on said amendment as discussed by the Contra Costa County Planning Commission Resolution No. 32-1989 . Notice of said hearing was duly given in the manner required by law. The Board at the hearing called for testimony of all persons interested in this matter and several people testified. Upon completion of the testimony, the Board closed the public hearing and expressed their intent to approve the amendment and continued the final decision until October 3 , 1989 . The Board hereby finds that the proposed amendment will have a significant impact on the environment and that an Environmental Impact Report has been prepared and processed in compliance with the California Environmental Quality Act and the County EIR Guidelines. CEQA findings for this project have been prepared and are Attachment A to this Resolution. The Board further directs the County Community Development Department to incorporate this proposed amendment into a combined amendment to the General Plan which this Board will consider for adoption during the 1989 calendar year as one of the four permitted amendments to the mandatory elements of the County General Plan. The Board members, having fully considered this amendment, determine to amend the County General Plan to delete portions of Waterfront Road, Port Chicago Highway, and all of Main Street in the tidal area of the Concord Naval Weapons Station from the Circulation Element of the County General Plan. The Board further amends the Land Use, Scenic Route and Recreation Elements of the General Plan consistent with this change. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Su o n t e date shown. ATTESTED: �s��.dote go PHIL BATCHELOR,Clerk of the Board rsand County Administrator cc: Director of Community Development Public AdministratorBy (1,SVU'Nr" ,Deauty Public Works Director County Counsel RESOLUTION NO. 89/ 652 cjc2/navygpa.res .Myaa, w05 oat no rnaZ�VSjw-21 to bl'xj ! $:fE E77FSii �i ii9t:7 xt „mnv 4ti3 iJ:to t`3'. �� t wcwnmaw.u.�w.-...✓enei+e++�.rm:.W:-raxnx„4mRm'� 'Y.mRP, y4J Attachment A SerN0169:CBH BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA FINDINGS RELATIVE TO THE APPROVAL OF THE VACATION OF PUBLIC STREETS AND APPROVAL OF THE GENERAL PLAN AMENDMENT NO. 5-87-CO AND RELATED IMPLEMENTATION MEASURES I. INTRODUCTION AND PROCEDURAL HISTORY A. The Petition and Approvals The United States Navy has petitioned the Contra Costa County to vacate the portions of Waterfront Road, Port Chicago Highway and Main Street which cross the Concord Naval Weapons Station ("NWS") . This request is the latest of several similar proposals, discussed below, to limit through access to the Tidal Area of the Concord NWS properties within the County. In conjunction with considering the requested road vacation, this Board of Supervisors has also considered an amendment to the . Contra Costa County General Plan ("General Plan") . Based upon the Navy's petition, this Board has approved the following items (collectively, the "Approvals") : (1) . An amendment to the County General Plan (County File No. 5-87-CO) , specifically amending the Circulation, Scenic Routes, Land Use and Recreation (trails) elements of the General Plan. The circulation amendment deletes from the Circulation Element portions of Port Chicago Highway and Waterfront Road and all of Main Street, as shown on Map A attached to the Staff Report evaluating the General Plan Amendment ("Staff Report") . The scenic routes amendment deletes the same roadways to make this Element consistent with the Circulation Element, as shown on Map B attached the the Staff Report. The land use amendment changes the Land Use designation for part of the Tidal Area from Public and Semi-Public to Open Space, as shown on Map C of the Staff Report. The trails amendment deletes all the trails designations on the Waterfront Road and Main Street portions of the Tidal Area of the Concord NWS and schematically designates a new riding, .hiking and bicycling trail on the north side of State Route 4, as shown on Map D' of the Staff Report. (2) A vacation of the Tidal Area segments of Port Chicago Highway, Main Street and Waterfront Roads as described on page 6 of the Staff Report. 1 B. Previous Board Actions on Proposed Road Vacations The United States Navy and Contra Costa County .officials have been discussing the closure of the three public roadways, or portions thereof, since 1972 . The issue came to a vote of this Board twice in 1973 and in both cases this Board rejected the idea of abandonment until provision could be made for suitable alternative and replacement arterial. roads. Thereafter, the Federal Highway Administration ("FHWA") conducted two studies addressing the need for and location of alternative routes. Both , of these studies, concluded that an alternative roadway was not necessary and that State Route 4 could adequately accommodate the ,diverted traffic. The FHWA also concluded that Evora Road should be extended to Port Chicago Highway. C. The Federal Environmental Documents In 1981 'a Draft Environmental Assessment ("EA") was prepared by the Navy in accordance with the requirements of the federal law, the National Environmental Policy Act ("NEPA") , and distributed for public review to interested parties. A Final EA was prepared in 1982. A Finding of No Significant Impact ("FONSI") was issued by the Navy in June 1982. The notice of FONSI was-distributed to agencies and the public on June 16, 1982. Thereafter, the Navy prepared a Draft Environmental Impact Statement (",DEIS") under NEPA and distributed it for public review in May, 1984 . A Final Environmental Impact Statement ("FEIS") was prepared in March, 1985. A Record of Decision ("ROD") was published in the on July 3, 1985. D. The Memorandum of Understanding Between the Navy and the County The Navy and the County staff negotiated a Memorandum of . Understanding ("MOU") concerning mitigation for adverse impacts : associated with the Project. The MOU provides, among other things, that the Navy will pay the County 5 million dollars to cover the cost of mitigating the impact of the Project, will grant access to emergency vehicles and to public utilities maintaining facilities which cross the base, and will open the roadways in the event State Route 4 should become blocked for a substantial period of time. . The MOU also provides that the roads will remain open for up to 5 years upon transfer of the mitigation money and quitclaim deed to allow time for improvements to State Route 4 and other facilities. During the 5-year time period the County would continue to maintain the roadways until the actual physical closure occurs. Pursuant to this MOU, the Navy has included 5 million dollars within the proposed Department of Defense budget for Fiscal Year 1990 for mitigation costs. The funds provided by the Navy will be placed 2 into a separate accounting fund for transportation. purposes in the general area, which fund will be administered by the Community Development Department. E. The Environmental Impact Report The County prepared an initial study of environmental significance dated July 28, 1987 ("Initial Study") . Pursuant to the recommendation of the Initial Study, the County determined that an environmental impact report ("EIR") was necessary pursuant to the California Environmental Quality Act ("CEQA") . A notice of preparation of an EIR ("Notice of Preparation"') was prepared and duly circulated to appropriate responsible agencies. This Board finds and determines that the Notice of Preparation satisfied the requirements of CEQA, the CEQA Guidelines and applicable County regulations in that the Notice of Preparation described the proposed General Plan Amendment and Road Vacation (collectively, the "Project") , the Project's location, and the environmental effects of the Project. Pursuant to the Notice of Preparation, the County prepared a draft EIR on the Project ("DEIR") dated September 1988. Pursuant to the CEQA. Guidelines, a notice of completion of the DEIR (the "Notice of Completion") was filed with the State Office of Planning and Research ("OPR") . This Board finds and determines that the Notice of Completion satisfies the requirements of CEQA, the CEQA Guidelines and applicable County regulations in that the Notice of Completion contained a brief description of the Project, the proposed location of the Project, an address where copies of the DEIR are available, and the period during which comments would be received on the DEIR. After receiving comments on the DEIR, the County prepared a response to comments document dated January 1989 (the "Response Document") . The Initial Study, Notice of Preparation, DEIR, Notice of Completion, and Response Document together constitute the final Environmental Impact Report on the Project ,pursuant to CEQA (collectively, the "Final EIR" or "FEIR") . F. Certification of the EIR On November 1, 1988, the Planning Commission held a duly noticed public hearing on the DEIR to receive comments and testimony in addition to the written comments which were submitted during the comment period. Following this hearing, the expiration of the comment period and the preparation of the Response Document, the Commission held a duly noticed meeting on December 13 , 1988 to consider the adequacy of the DEIR and the Response Document. Thereafter, A Staff Report was prepared and a public hearing was held on July 25, 1989. At that meeting the Planning Commission found that the FEIR, consisting of the DEIR and the Response to Comments Document, was adequate and satisfied 3 ,the requirements of CEQA, the CEQA Guidelines and applicable County regulations. Nevertheless, the Planning Commission voted to recommend denial of the requested General Plan Amendment. This Board, in approving the Project, finds that the FEIR has been completed in compliance with CEQA, the CEQA Guidelines, and applicable County regulations. This Board further finds and determines that the FEIR was presented to this Board, and this Board reviewed and considered the information contained in the FEIR prior to approving the Project. G. Description of the Record For the purposes of CEQA and the findings made herein, the ,record before this Board relating to this action includes without limitation, the following: (1) The Navy's petition for the Approvals; (2) The Staff Report on the General Plan Amendment and the Road Vacations; (3) All documentary and oral evidence received and reviewed by the Planning Commission during the public hearings on the Approvals, the DEIR and the Project; (4) All documentary and oral evidence received and reviewed by this Board during the public hearing on the Approvals and the Project; (5) The FEIR; (6) The MOU between the Navy and the County; and (7) The following relevant real estate documents: (a) Short-term (5 year) lease agreement between the Navy and the County. (b) The Navy-County Long Term Access Agreement (c) Road'Vacation Documents (8) All matters of common knowledge to this Board, :such as: (a) The County General Plan, (b) The California Streets and Highways Code, .and (c) Other appropriated City and County policies and regulations.. 4 The discussions which follow under the various captions "Facts" for -each category recite some of the background information, suggested mitigation measures, and modifications to' the Project as reflected in the Approvals. In some instances, the facts relating to this Board's consideration of mitigation measures are set forth separately under the caption "Mitigation Measures. " The discussions which follow under the various captions "Findings" for each category contain findings made by this Board, based on the entire record before this Board, including without limitation the information which is recited under the discussion of "Facts". This Board intends that any finding or determination required or permitted to be made by this Board shall be deemed made if it appears in any portion of this document, and that all of the language included in this document consititutes findings and -determinations by this Board, whether or not any particular sentence or clause includes a statement to that effect. In the discussions under the heading "Facts" below, the summarized facts may be primarily or entirely based on the FEIR. This Board intends that each finding herein is based on the entire record, including written and. spoken testimony to the Commission, and the omission of any relevant fact from the summary discussions below is not an indication by this Board that a particular finding is not based in part on the omitted fact. This Board' s findings as set forth .herein. are based on all of the facts in the record before this Board. II. FINDINGS REGARDING POTENTIAL ENVIRONMENTAL IMPACTS DETERMINED IN THE INITIAL STUDY NOT TO BE SIGNIFICANT This Board adopts and makes the following findings regarding those certain potential environmental impacts of the Project evaluated in the Initial Study which were determined in the Initial Study not to be potentially significant adverse environmental impacts of the Project. A. Facts. The Initial Study indicated that the Project would result in negligible grading and a negligible reduction or disturbance to any habitat for plants and animals. The Initial Study also indicates that the Project would result in no reduction of surface or ground water quality or quantity, no increased runoff or alteration to drainage patterns and streams, no 'erosion of or sedimentation in a body of water, no effect on the habitat of any rare, endangered or unique species, no effect on the potential use, extraction, conservation or depletion of a natural resource, no increase in the risk of explosion, release of hazardous substances or other dangers to public health and safety, no 5 ,increase in commuting to and from a local community, and no inducement of growth. The FIER states at page 94 of the DEIR that there are no growth-inducing effects associated with the project because it would create no new employment opportunities in a significant amount, does not include new growth-inducing infrastructure, does not require the extension of, or the provision of a greater amount of public services, and would not provide new access. to ,currently undeveloped land in the vicinity of the Tidal Area. B. Findings. Based upon the FEIS and upon the entire record before this Board, this Board finds that: (1) The impact of the Project due to grading is not significant, as determined in the Initial Study. (2) _ The impact of the Project on plant and animal habitat is not significant, as determined in the Initial Study. (3) The Project will not reduce surface or groundwater quality or quantity, because (4) The Project will not increase runoff or alter the drainage patterns and streams, as determined in the Initial Study. (5) The Project will not cause erosion of or sedimentation in a body of water, as determined in the Initial Study:. (6) The Project will not affect the habitat of' any rare, endangered or unique species located on the road's right of way, as determined in the Initial Study. (7) The Project will not affect the potential use, ` extraction, conservation or depletion of a natural resource, as ,determined . in the Initial Study. (8) The Project will not increase the risk of explosion, release of hazardous substances or other dangers to public health and safety, as determined in the Initial Study. (9) the Project will not increase commuting to and from a local community, as determined in the Initial Study. (10) The Project will not induce growth, because it would ,create no new employment opportunities in a significant amount, does not include new growth-inducing infrastructure, does not require the extension of, or the provision of a greater 6 amount of public services, and would not provide new access to currently undeveloped land in the vicinity of the Tidal Area. (11) Because these impacts were determined to be insignificant in the Initial Study, no mitigation measures or conditions of approval are required to be. adopted pursuant to CEQA relating to the foregoing insignificant impacts. (12) To the extent that any of the above impacts on water quality or quantity, water runoff, drainage patterns, streams, bodies of water, earth, plant or animal habitat, including rare, indangered or unique species habitat, natural resources, public health and safety, commuting, and growth are . significant, despite the conclusions of the Initial Study as stated above, the safety and other benefits of the Project outweigh any 'such significant impact, as more fully stated in the Statement of Overriding Considerations (Section IV, below) . III. FINDINGS REGARDING ENVIRONMENTAL IMPACTS DETERMINED TO BE INSIGNIFICANT OR MITIGATED TO A LEVEL OF INSIGNIFICANCE A. Land Use and Planning Policy. 1. Facts. The following subsections (a) and (b) discuss the various land use and planning policy impacts of the. Project; including a summary of recommended mitigation measures. (a) Land Use Impacts. The DEIR, on page 17, states that the impact of the road closure on existing land use within the study area would be minimal. Land within the two mile buffer zone is already publicly owned. Access is presently restricted to roadways. Land within the safety zone that is presently designated "open space" on the County General Plan is a fenced riverfront that is currently accessible to the public for recreation and open space and .will remain accessible. The public' s ability to travel through the safety area will be restricted. This restriction will represent an inconvenience to the public, however, it will not affect existing land use. Access to the riverfront will be limited. Two major private land uses within the safety zone are General Chemical and the Chemical - and Pigment Company facilities on Nichols Avenue. Access to the plant would be maintained via Port Chicago Highway from West Pittsburg. Restricting access to NIchols Avenue to one direction would be an inconvenience for the businesses and employees involved, but it would have minimal impacts on surrounding land use. DEIR, page 17 . 7 The DEIR concludes that land use within the safety zone area will not change as a result of the road closure, thus no mitigation measures are necessary. (b) Planning Policy Impacts. The DEIR states on page 25 that the road closure would be in conflict with the Contra Costa County Circulation Element. The roadways would no longer serve as a general thoroughfare, a principal thoroughfare and a general arterial as designated in the Circulation Element. The DEIR also states that the road closure may cause the City of Pittsburg to amend the Circulation Element of its General Plan. The Staff Report states on page 15 that if the roads are removed from the . Circulation Element, it would be consistent to . also delete them from the Scenic Routes Element. The DEIR states on page 25 that the road closure would comply with the intentions of the ,Safety Element, because it would ;be in keeping with the intention of the document which is to reduce the community's risk due to hazardous land uses. The Staff Report states on page 15 that the use of portions of the NWS as environmental preserves is not reflected in the Open Space Element of the County's General Plan. The NWS has 3 main environmental preserves: the Tule Elk preserve (on 3 , 660 acres) , a forest arboretum (on 88 acres) , and a wetland preserve Iprogram, which is located in the Tidal Area affected by this road closure Project. The wetland preserve's purpose is to protect the "unique and valuable" resources providing habitat for endangered species and for a wide variety of migratory waterfowl, waterbirds and other terrestrial and aquatic life. The goal is to work toward an "overlay .National Wildlife Refuge" and to have it be a separate unit of the San Francisco Bay National Wildlife Refuge. The preserve abuts the Point Edith wildlife area immediately to the west which is administered by Fish and Game. The existing land use' designation for the entire tidal area is Public-Semi Public to reflectqits current military use of the site. 2 . Mitigation measures. The DEIR and the Staff Report recommends that this Board should consider an amendment to the Circulation Element to delete references to the Port Chicago Highway as a general thoroughfare .,and general arterial and to Waterfront Road as a principal thoroughfare. The Staff Report recommends that the preserve area be redesignated from Public-Semi Public to Open Space to reflect the wetlands preserve areas and to support the Navy's preserve program in the County's General Plan as a matter of policy. 8 . 3 . Findings. Based upon the FEIR and the entire record before this Board, this Board finds that: (a) The County Land Use Element shall be amended to redesignate the Navy' s wetland preserve areas from Public-Semi Public to Open Space in order to mitigate the impact of the Project on the Land Use Element of the General Plan to a level of insignificance. (b) The County Circulation Element shall be amended to delete references to the Port Chicago Highway as a general thoroughfare and general arterial and to Waterfront Road as a principal thoroughfare in order to mitigate the impact of the Project on the Circulation Element of the General Plan to a level of insignificance. (c) The Project complies with the intentions of the Safety Element, because it is .in keeping with the intention of that document which is to reduce the community's risk due to hazardous land uses. (d) The City of Pittsburg may need to amend the Circulation Element of its General Plan. B. Zoning. 1. Facts. The DEIR states on page 27 that the proposed roadway closures would not alter the existing zoning in the project study area and that no mitigation measures are required. 2. Findings. Based on the FEIR and the entire record before this Board, this Board finds that the Project will have no impact on the existing zoning. C. Geology and Soils. 1. Facts. The DEIR states on page 35 that the proposed road closure traverses Young Bay Muds, which are unstable, highly expansive and possess a low bearing strength. Areas of Young Bay Mud can experience violent groundshaking during an earthquake. The closed portions of the roadways would need to be maintained for emergency use. 9 2 . Mitigation measures. The MOU between the Navy and the County provides that the roadways will be maintained by the County for the period of time requested by the County to lease the roadways for use by the general public, not to exceed five years. MOU, Paragraph 4. The County and the Navy have entered into a long-term agreement for access by emergency vehicles. See, attached NAVY - COUNTY LONG TERM ACCESS AGREEMENT. 3. Findings. Based upon the FEIR and the entire record before this Board, this Board finds that the impacts of the project , associated with the geology of the area are mitigated to a level of insignificance by the imposition of the mitigation measures :contained in the MOU and the long-term agreement regarding access by emergency vehicles. D. Traffic and Circulation. 1. Facts. The DEIR states- on page 55 that the A.M. westbound and P.M. eastbound commutes would notice a measurably increased delay with -. the additional traffic from. the Port Chicago Highway. An additional 250 vehicles would be added to the westbound direction on Highway 4 during thq A.M. peak hour and an additional 375 vehicles would be added to the eastbound direction during the P.M. peak hour, in the maximum delay period in each direction by 4 minutes. The DEIR indicates on Table 5, page 57 that, by the year 2005, the cumulative traffic would aggravate congestion at three :critical intersections, the Port Chicago Highway/Arnold .Industrial, the Willow Pass/Hwy 4 eastbound on-off ramp, and the Willow Pass/Evora intersections. The DEIR states on page 58 that traffic conditions along - Highway 4 will' be congested in the future due to population ; growth in the east Bay, necessitating a future widening of Highway 4 . . 2 . Mitigation Measures. The DEIR states on page 58 that, in the westbound direction, a third lane (as currently planned by the County) is needed from the easterly Willow Pass interchange. In the eastbound direction, the auxiliary lane (at the westerly Willow Pass interchange) should be restriped as a third through lane up to the Summit. The eastbound on-ramp from Willow Pass Road 10 should be widened to improve merge conditions for vehicles entering the eastbound Highway 4 traffic. The DEIR also states that projected conditions suggest traffic signals should be installed at Willow Pass (west)/Evora, Willow Pass/Hwy 4 eastbound ramps and Port Chicago/Arnold Industrial. With signalization, each of these intersection would operate with stable flow conditions during peak hours. 3 . Findings. Based on the FEIR and the entire record before this Board, this Board finds: (a) The impacts of the Project on commuting delays for westbound and eastbound peak traffic would be mitigated to a level of insignificance by the imposition of the mitgation measures recommended in the DEIR for increasing the Highway 4 capacity in both directions over Willow Pass Summit. (b) The impacts of the Project on projected conditions at the Willow Pass (west)/Evora, Willow Pass/Hwy 4 eastbound ramps and Port Chicago/Arnold Industrial intersections would be mitigated to a level of insignificance by the imposition of the mitigation measures recommended in the DEIR for installation of signals at those intersections. E. Air 4uality. 1. Facts. The DEIR states on page 66 that there will be no local air quality impacts related to actual closing of the project-related roadways. The increased air pollution from diverted vehicles associated with the closure is insignificant because the closure would divert a small number of vehicles per day onto a longer route. The DEIR states on page 68 that the proposed Project would not contribute to regional air pollution by increasing motor vehicle travel since most traffic would be diverted but not originated in the project area. 2. Mitigation measures. The DEIR states on page 68 that California law requires mitigation measures, such as watering exposed earth surfaces, be taken to minimize dust generation associated with construction. 3 . Findings. 11 Based on the FEIR. and the entire record before this Board, this Board finds that there will be no local or regional air . .,quality impacts resulting from the .project. Any transitory air impact arising from construction-related dust emissions would be .mitigated to a level of insignificance by imposition of the mitigation measure recommended in the DEIR. F. Noise. 1. Facts. The DEIR states on page 74 that the noise levels would .decrease with the closure of the roadways within the Tidal Area. Along Port Chicago Highway near Clyde, noise levels would be reduced to less than 60 decibels at a distance of 100 feet from the nearest lane. 2 . Mitigation Measures. The DEIR states on page 74 that no mitigation measures are necessary since the, road closure would reduce traffic-related noise impacts near sensitive receptors to below 60 decibels. 3 . Findings. Based on the FEIR and the entire record before this Board, this Board finds that there are no noise impacts associated with the Project and therefore that no mitigation measures are ..necessary. G. Visual. 1. Facts. The FEIR states on pages 67 and 70 of the Response Document that the closure of Port Chicago Highway north of Clyde would .-create an attractive nuisance for illegal dumping, vandalism and ,loitering, similar to the.,'situation resulting from the closure of Waterfront Road. The FEIR also states on page 70 that the problem at the closure point of Port Chicago Highway would not be as severe as on Waterfront Road because of the daytime activities associated with the Weapons Station and the night lighting ; provided by street lights in Clyde and the Weapons station. 2 . Mitigation measures. The .FEIR states on page 67 of the Response Document that a possible mitigation measure would be to close the northern Norman Avenue intersection at Port Chicago Highway and create a new intersection at Kilburn Avenue and Port Chicago Highway. 12 3. Findings. Based on the FEIR and the entire record before this Board, this Board finds that the impact resulting from the closure of Port Chicago Highway north of Clyde in the creation of an attractive nuisance is mitigated to a level of insignificance by the daytime activities associated with the Weapons Station and by the night lighting provided by street lights in Clyde and the Weapons Station. County staff shall be required to initiate a study with the community of Clyde, County staff and the Navy to determine if a better closure point exists. H. Public Services - Law Enforcement. 1. Facts. The DEIR states on page 82 that, upon closure of the roadways, the County Sheriff's Department would no longer be responsible for patrolling the portions of Port Chicago Highway, Waterfront Road and Main Street within the Tidal Area and that this responsibility would be transferred to the U.S. Marine guards. 2'. Mitigation Measures. The DEIR states on page 83 that, in order to ensure that the project would not impede access for emergency response, the County could require that a mutually acceptable arrangement between the Sheriff's Department and the Navy concerning access be a condition of project approval. 3 . Findings. Based on the FEIR and the entire record before this Board, this Board finds that any impact on the County Sheriff's Department is mitigated to a level of insignificance by the long- term Agreement entered into by the County and the Navy, wherein the Navy has agreed to allow access for emergency vehicles. See, attached Agreement. I. Public Services - Fire. 1. Facts. The DEIR states on page 84 that the Project would not affect the Contra Costa County Consolidated Fire District' s ("CCCCFD") access to the Town of Clyde but that it would restrict the CCCCFD's use of Port Chicago Highway and Waterfront Road for through access for emergency response to tidal fires, wildland fires and railroad emergencies. There would be no impact on the Riverview Fire District. 13 2. Mitigation Measures. The DEIR states on page 84. that, to ensure that the Project would not impede access for emergency response to facilities, the . County could require that a mutually acceptable arrangement between the CCCCFD, the Riverview Fire District and the Navy concerning access be a condition of project approval. 3 . Findings. Based on the FEIR and the entire record before this Board, this Board finds that any impact on the CCCCFD or the Riverside Fire District is mitigated to a level of insignificance by the long-term Agreement entered into by the County and the Navy. See, attached Agreement. J. Public Utilities - Water Services. 1. Facts. The DEIR states on page 86 that the Project would control and restrict access to public utilities' facilities within the project area and that the Navy would establish the appropriate real estate agreement to maintain the existing level of access to .. the facilities for inspection, maintenance and emergency response. The road closure provides an opportunity for the =Contra Costa Water District ("CCWD") to change its service boundaries, relocate all existing water service to a facility :outside the main gate, and transfer to the Navy responsibility , for maintaining facilities in the Tidal Area. These changes would benefit the CCWD by increasing the efficiency of its operation and reducing its risk. 2 . Mitigation Measures. The DEIR states on page 86 that the County could require, .: as a condition of project approval, the establishment of a , ;mutually acceptable arrangement between East Bay Municipal 'Utility District ("EBMUD") , CCWD and the Navy concerning access for inspection, maintenance and emergency response to facilities. The DEIR states on page 86 that CCWD should apply for a change in district boundaries to eliminate water service to the Naval facility within the Tidal Area. 3 . Findings. Based on the FEIR and the entire record before this Board, This Board finds: (a) Any impact on the CCWD' s ability to access its facilities within the Tidal Area would be mitigated to a level of 14 insignificance by the establishment of a mutually acceptable agreement between the EBMUD, the CCWD and the Navy. (b) The road closure provides an opportunity for the Contra Costa Water District ("CCWD") to change its service boundaries, relocate all existing water service to a facility outside the main gate, and transfer to the Navy responsibility for maintaining facilities in the Tidal Area. These changes would benefit the CCWD by, increasing the efficiency of its operation and reducing its risk. K. Public Utilities - Sanitary Sewer Service. 1. Facts. The DEIR states on page 87 that the Project would control and restrict access to public utilities' facilities within the project area and that the Navy would establish the appropriate real estate agreement to maintain the existing level of access to the facilities for inspection, maintenance and emergency response. - 2 . Mitigation Measures. The DEIR states on page 87 that the County could require, as a .condition of approval, the establishment of a mutually acceptable arrangement between Delta Diablo Sanitary District ("DDSD") and the Navy concerning access for inspection, maintenance and emergency response to facilities, and that the Navy should consult with LAFCO in modifying existing boundaries according to areas actually being served. 3 . Findings. Based on the FEIR and the entire record before this Board, this Board finds that any impact on the DDSD's ability to access its facilities within the Tidal Area would be mitigated to a level of insignificance by- the establishment of a mutually acceptable arrangement between DDSD and the Navy concerning access. L. Public Utilities - Gas and Electric Service. 1. Facts. The DEIR states on page 89 .that the road closures would limit Pacific Gas & Electric's ("PG&E") -access to its facilities within the Tidal Area for routine inspection, maintenance and emergency repairs and would limit access through the Tidal Area to provide these services outside Navy property. 2 . Mitigation Measures. 15 The DEIR states on page 89 that the County could require, has a condition of approval, the establishment of a mutually acceptable arrangement between PG&E and the Navy concerning access. 3 . Findings. Based on. the FEIR and the entire record before this Board, this Board finds that any impact on PG&E's ability to access its facilities as a result of the road closures would be mitigated to a level of insignificance by `the establishment of a mutually :acceptable arrangement between PG&E and the Navy concerning access. M. Public Utilities - Communications. 1. Facts. The DEIR states on page 90 that the Project would impact the provision of communication by controlling access to Pacific Bell 's facilities along and within the area to be closed, thereby limiting the ease and speed of inspection, maintenance and emergency response by the utility. 2 . Mitigation Measures. The DEIR states on page 90 that the County could require, as a condition of project approval, the establishment of a mutually acceptable arrangement between Pacific Bell and the Navy concerning access. 3 . Findings. Based on the `FEIR and the entire record before this Board, this Board finds that any impact on Pacific Bell ' s ability •to access its facilities along or within the area to be closed would ;,be mitigated to a level of insignificance by the establishment of �. a mutually acceptable arrangement between Pacific Bell and the ,Navy concerning access. N. Public Utilities - General. 1. Mitigations measures. The Staff Report, on page '21, recommends to this Board that, as a condition of the vacation, the Navy initiate a boundary reorganization within 5 years to bring utility districts into conformity with actual areas served or planned. 2 . Findings. 16 Based on the FEIR and the entire record before this Board, this Board finds that the Navy should initiate a boundary reorganization within 5 years to bring utility districts into conformity with actual areas served or planned. This Board further finds that the Navy has agreed to this recommendation. IV. FINDINGS REGARDING UNAVOIDABLE SIGNIFICANT .IMPACTS Pursuant to CEQA Guidelines Section 15091, this Board adopts and makes the following findings regarding those certain environmental impacts of the Project discussed in the FEIR which may be determined to be significant unavoidable adverse environmental impacts of the Project. A. Land Use. 1. Facts. (a) Trails. The DEIR states on page 25 that closure of Port Chicago Highway would eliminate the potential for level hiking, bicycling, and equestrian trails within the Tidal Area as outlined in the County Interim Trails Plan and the East Bay Regional Park District ("EBRPD") 1988 Master Plan. A suggested mitigation measure is that the Navy should cooperate in the installation and alignment of an alternative trail alignment for the proposed hiking, bicycling and equestrian trail outside the safety zone. However, The DEIR concludes that, since there is no level land available for a similar trail outside the safety zone, this impact will not be mitigated to an acceptable level. See, DEIR, Table "SUMMARY OF .IMPACTS AND MITIGATIONS, " page iii; and FEIR Response Document, pages 15 and 17. The Staff Report states on page 20 that potential to construct a new trail along State Route 4 exists in connection with the interest shown by the County, CALTRANS, and BART in rebuilding State Route 4 . .z. The Staff Report states on page 15 that the Navy has contributed right-of-way for the widening of State Route 4 . The Report also states that an alternative trail could be placed along Evora Road, which has grades much greater that those expected along the rebuilt State Route 4 . The Staff Report states that Concord has recently offered the County $10, 000 to study and develop trail alignments between Concord and the East Countyand that implementation of this new trail has a high potential of success. (b) Scenic Route. The DEIR states on ,page 25 that the closure of the Port Chicago Highway would result in the loss of a scenic route, in particular the easterly section of Port Chicago Highway and a 17 portion of Waterfront' Road. Although some views would be retained within the public portion of the roadways, this impact is considered significant. The DEIR concludes that this impact will not be mitigated to an acceptable level. See, DEIR, Table "SUMMARY OF IMPACTS AND MITIGATIONS, " page iii. The FEIR Staff Report states on page 20 that public use of the tidal area marshes is limited to visual access on the drive across the Navy property and that the road vacation will eliminate this use. 2 . Mitigation measures (a) Trails. The DEIR states on page 26 that the Navy should cooperate in the installation and alignment of an alternative trail alignment for the proposed hiking, bicycling and .equestrian trail outside the safety zone, which alignment would be in lieu of the interim trail eliminated along the Contra Costa Canal. The FEIR Response Document, pages 3, 32 and 33, states that the Navy should work cooperatively with EBRPD to develop alternative trail alignments through the Concord Naval Weapons Station, but outside the blast safety zone. The FEIR Response Document states on page 25 that an alternative pedestrian/bicycle, but not equestrian, trail should :be provided in cooperation with the Navy, County Department of ;Public Works and the EBMUD, aligned adjacent to the Contra Costa ..Canal. The- FEIR Response Document states on page 39 that a pedestrian/bicycle trail along the Contra Costa Canal, but -,:outside the safety zone, should be considered prior to approving ..the vacation of the roadways. The Staff Report, on page 19, states that the issue of development of a canal trail cannot be finalized at this time without involvment of appropriate agencies. The Staff report states, on page 20, that the Contra Costa Canal designations be left on the trails plan but be considered as a separate issue at : a time when an agency wishes to implement such a trail. The Staff Report, on page 21, recommends to this Board that a separate trail alignment study be initiated by the Community Development Department in cooperation with affected cities and special districts. The Staff Report recommends that the Trails Plan of the Recreation Element be amended to show-a bicycle, hiking and horseback riding trail paralleling the north side of State Route 18 4, with wording indicating that the precise location will be finalized during alignment studies. (b) Scenic Route. The FEIR Staff Report states on page 20 that, to offset the loss of visual access to the tidal marsh area, the Navy has indicated a willingness to work with the County, the State Department of Fish and Game . and the U.S. Fish and Wildlife Service to provide natural resource data and minor improvements to enhance the natural resource appreciation of the marsh. The Staff Report states that project specifics can be worked out in concert with the study which is proposed to move the closure point west toward Solano Way and should be worked out at least one year before final closure of the road. 3 . Findings. Based on the FEIR and the entire record- before this Board, this Board finds that: (a) Trails. (i) The loss of an alternative trail alignment is a significant, unavoidable adverse impact of the Project. (ii) A separate trail alignment study shall be initiated by the Community Development Department in cooperation with affected cities and special districts, in order to mitigate this significant impact to a level of insignificance. (iii) To the extent that this unavoidable adverse impact of the Project is not mitigated to a level of insignificance, despite the mitigation measures described herein, the environmental, safety, economic and other benefits of the Project override this impact, as more fully stated in the Statement of Overriding Considerations (Section V, below) . (iv) As discussed in Section VI, below, regarding alternatives to the Project, the above-described impact of the Project would similarly be an unavoidable impact under any of the alternatives to the Project identified in the FEIR, except under the no-project alternative, which alternatives are rejected as more fully described in Section VI, below. (b) Scenic Route. (i) The loss of a scenic route is 'a significant, unavoidable adverse impact of the Project. (ii) A program to provide natural resource data and minor improvements to enhance the natural resource 19 appreciation of the marsh should be established by the Navy, the ..County, the State Department of Fish and Game and the-U.S. Fish and Wildlife Department, in order to mitigate the loss of a scenic route to a level of insignificance. (iii) To .the extent that this unavoidable adverse impact of the Project is not mitigated to a level of insignificance, despite the mitigation measures described herein, the environmental, safety, economic and other benefits of the Project override this impact, as more fully stated in the Statement of Overriding Considerations (Section V; below) . (iv) As discussed in Section VI, below, regarding alternatives to the Project, the above-described impact of the Project would similarly be an unavoidable impact under any of the alternatives to the Project identified in the FEIR, except :.under the no-project alternative, which alternatives are rejected as more fully described in Section VI, below. B. Visual. 1. Facts. The DEIR states on page 80 that the westerly closure of 'Waterfront Road would create an attractive nuisance to persons using the dead end roadway as an illegal dumpsite and that the Sheriff's Department would need to increase patrols in this area because of the potential problems associated with loitering, 'vandalism and littering. . 2. Mitigation Measures. The DEIR states that there is no mitigation measure to reduce litter anticipated with the road closure unless this Board designates revenues for a litter control program. 3 . Findings. Based on the FEIR and the entire record before this Board, .this Board finds that: (a) The creation of an attractive nuisance at the ' westerly closure of Waterfront Road is a significant impact of the Project which could be avoided or reversed by the designation of revenues for a . litter control program by this Board. (b) In the alternative, to the extent that this impact is unavoidable and irreversible, or is not mitigated to a level of insignificance, despite the mitigation measures described herein, the environmental, safety, economic and other benefits of the Project override this potentially significant 20 adverse' impact, .as more fully stated in the Statement of Overriding Considerations (Section V, below) . (c) As discussed in Section VI, below, regarding alternatives to the Project, the above-described impact of the Project would similarly be an unavoidable and irreversible impact under any of the alternatives to the Project identified in the FEIR, except under the no-project alternative and under the alternative of closure .of Waterfront Road at Solano Way. C. Public Services -Law Enforcement. 1. Facts. The DEIR states on page 80 that the westerly closure of Waterfront Road would create an attractive nuisance to persons using the dead end roadway as an illegal dumpsite and that the Sheriff's Department would need to increase patrols in this area because of the potential problems associated with loitering, vandalism and littering. The DEIR states on page 83 that the Sheriff's Department has indicated that it would be necessary to allocate additional resources to Waterfront Road upon the actual road closure. 2 . . Mitigation Measures. • The DEIR states on page 83 that the County Sheriff's Department should direct additional resources for the patrolling of Waterfront Road and Gate 3 of the NWS in particular, to discourage loitering, vandalism and dumping. 3 . Findings. (a) The creation of an attractive nuisance at the westerly closure of Waterfront Road is a significant impact of the Project which could be avoided or reversed by the allocation of additional resources from the County Sheriff' s Department to patrol the area. (b). In the. alternative, to the extent that this impact is unavoidable and irreversible, or is not mitigated to a level of insignificance, despite the mitigation measures described herein, the environmental, safety, economic and other benefits of the Project override this potentially significant adverse impact, as more fully stated in the- Statement of Overriding Considerations (Section V, below) . (c) As discussed in Section VI, below, regarding alternatives to the Project, the above-described impact of the Project would similarly be an unavoidable and irreversible impact under any of the alternatives to the Project identified in the 21 FEIR, except under the no-project: alternative and under the alternative of closure of Waterfront Road at Solano Way. V. STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to CEQA Guidelines Section 15093, and to the extent that any impact of the Project is significant, this Board adopts and makes the following Statement of Overriding Considerations regarding the unavoidable environmental impacts of the Project, as discussed above, and the anticipated safety, economic and other benefits of the Project. A. Generally. This Board finds that, to the extent that any impacts (including cumulative impacts) attributable to this Project ,remain unmitigated, such impacts are acceptable in light of the environmental, safety, economic and other considerations set forth herein because these Project benefits outweigh any significant and unavoidable adverse environmental impacts of the Project. This Board also finds that any mitigation measures which were recommended in the' FEIR but were not incorporated into the Project are infeasible with respect to the Project, because such measures would impose limitations and restrictions on the development of the Project so as to prohibit the attainment of specific safety, economic and. other benefits of the Project which this Board finds outweigh the unmitigated impacts of the Project. This Board further finds that the Project alternatives set forth in the FEIR are infeasible because such alternatives would prohibit the attainment of specific safety, economic and other benefits of the Project which this Board finds outweigh the environmental benefits of the Project alternatives. Specifically, this Board finds that the following safety, .economic and other considerations warrant approval of the Project notwithstanding any unavoidable or unmitigated impacts of the Project: 1. Safety. The Project will provide a degree of added public protection from the hazard of explosion at the NWS. Staff Report, page 14 . The Project would comply with the intentions of the Safety Element of the County General Plan, because it would be in keeping with the intention of that document which is to reduce -the community' s risk due to hazardous land uses. 2 . Economic. The Project provides an opportunity for the Contra Costa Water District ("CCWD") to change its service boundaries, 22 9 relocate all existing water service to a facility outside the main gate, and transfer to the Navy responsibility for maintaining facilities in the Tidal Area. These changes would benefit the CCWD by increasing the efficiency of its operation and reducing its risk. 3 . Environmental. The Project provides an opportunity for the County to amend the General Plan to reflect the Navy's wetlands preserve areas and to support the Navy's preserve program in the County's General Plan as a matter of policy. 4 . Other. While the Project does not directly affect the service districts and city spheres of influence boundaries, nonetheless it provides an opportunity to alter'Ithese boundaries to reflect a consistency between city and service district boundaries. VI. FINDINGS REGARDING PROJECT ALTERNATIVES Pursuant to CEQA Guidelines Section 15091, this Board makes the following findings regarding alternatives to the Project discussed in the FEIR: A. No Project Alternative. 1. Facts. The No Project alternative would leave the roadways proposed for closure in the ownership of Contra Costa County. Public Access through the Tidal Area would continue to be allowed via Waterfront Road, Port Chicago Highway and Main Street. The continued public use of these roadways would constitute a violation of Department of Defense Explosive Safety Board ("DDESB") safety regulations as discussed in Section II of the DEIR. Without the proposed road closures, Navy operations at the Tidal Area would need to continue under an explosive safety exemption for the distance violation caused by public use of the roads. Persons utilizing the roadways would continue to be exposed to a public safety hazard. This alternative would not require a General Plan amendment to the County' s Circulation or Scenic Routes Elements since the roadways proposed for closure would continue to function as presently designated. This alternative would not effect land uses, air quality or noise levels in the Tidal Area. A level bicycle route between East 'and Central County would be maintained with this alternative. 2 . Findings. 23 This Board finds that .the No Project alternative is infeasible and less desirable than the Project, and rejects the No Project Alternative, for the following reasons:. (a) Mitigation measures incorporated into the Project have substantially mitigated most of the environmental effects of the Project, excepting only those impacts which are listed in the FEIR as impacts .which cannot be mitigated to an acceptable level, thereby diminishing or obviating the perceived mitigating benefits of approving the No Project Alternative. (b) The No Project alternative would continue the ;present violation of Federal DDESB safety regulations and would continue to expose persons using the roadways to a public safety hazard. (c) The No Project Alternative would preclude the opportunity for the Contra Costa Water- District ("CCWD") to change its service boundaries, relocate all existing water service to a facility outside the main gate, and transfer to the Navy responsibility for maintaining facilities in the Tidal Area, which changes would benefit the CCWD by increasing the efficiency of its operation and reducing its risk. (d) The No Project Alternative would preclude the opportunity to alter the boundaries of the service districts and ..city spheres of influence to reflect a consistency between city and service district boundaries. (e) The No Project Alternative would preclude the opportunity for the County to amend the General Plan to reflect the Navy' s wetlands preserve areas and to support the Navy's ,;preserve program in the County's General Plan as a matter of 'policy. B. Closure of Waterfront Road at Solano Way. 1. Facts. Closure of Waterfront Road at this point would create several beneficial impacts in the form of less vandalism, . , loitering and illegal dumping and a reduction in the amount of resources required by the Sheriff's Department to patrol the dead-end roadway. DEIR. page 96. The portion of Waterfront Road, between the State boundary and Gate 3 of the Naval Weapons Station, would continue to need to be maintained by the County as the roadway would continue, to be used in the event of an emergency. However, with the. proposed closure maintenance could be kept to a minimum, thereby reducing County road maintenance costs. This alternative would not affect 24 traffic volumes on Solano Way as the proposed closure at Hastings Slough would ultimately divert traffic onto Solano Way. 2. Mitigation measures. The FEIR Staff Report, at page 21, recommends that a committee be established between the County staff, the Navy and the adjacent property owners to determine if the closure point of Waterfront Road should be located closer to Solano Way and to consider development of an implementation program. 3 . Findings. Based on the FEIR and the entire record before this Board, this Board finds that a committee shall be established between the County staff, the Navy and the adjacent property owners to determine if the closure point of Waterfront Road should be located closer to Solano Way and to consider development of an implementation program. C. Alternative Routes. 1. Facts. Three alternative routes to the Project roadways have been analyzed for environmental impacts: (a) Alternative Route 3 would have significant growth inducing impacts on the undeveloped hillside eland east. of the Contra Costa Canal. Fault rupture could result in roadway damage in the event of a high magnitude earthquake on the Clayton fault. This alternative would aggravate traffic congestion at Willow Pass/Evora and would create a new intersection at Port Chicago Highway at a point already complicated by traffic flows, train activity and the NWS entrance. Extensive grading along the hillside above the Canal to accommodate this alternative would be more visible to motorists than with the other two alternatives. DEIR, pages 99-105. This alternative creates the potential for degradation of Canal water quality from storm drainage runoff which could be mitigated with earthen berms and the provision of periodic storm drains. Response Document, pages 29-31. (b) Alternative Route 4 would significantly impact the City of Concord Municipal Golf course by 'encroachment, necessitating the reconfiguration and reduction of the course. Fault rupture could result in roadway damage in the event of a high magnitude earthquake on ,the Clayton fault. Alternative 4 would aggravate traffic congestion at Willow Pass/Evora and at Port Chicago/Arnold. It would provide the least steep grade if an alternative bicycle route is to be considered, reaching a maximum grade of 7 . 2 percent. Construction of this alternative 25 across Mt. Diablo Creek could impact riparian vegetation and , water quality of the Creek. (c) Alternative Route 5 would be constructed within an existing transportation corridor. Fault rupture could result in roadway damage in the event of a high magnitude earthquake on the Clayton fault. This route has the potential for impacting two riparian water course areas, Mt. Diablo Creek and a meandering reparian swath east of the Contra Costa Canal, both of which are viable aquatic habitats. The Staff Report, on page 17, states that it would be , desirable to add Alternative Route 5 south of State Route 4 to. . the Circulation Element,. as well as Alternative Route 4, but to put wording in the text which clearly indicates that the specific alternative north of State Route 4 would be reanalyzed in concert with specific proposals to determine which connection should be built. 2. Findings. Based on the FEIR and the entire record before this Board, this Board finds that Alternative Route 5 south of State Route 4 shall be added to the Circulation Element, as well as Alternative Route 3 , and wording shall be placed in the text which clearly indicates that the specific alternative north of State Route 4 will be reanalyzed in concert with specific proposals to determine which connection should be built. VII. FINDINGS REGARDING MONITORING OR REPORTING OF CEQA MITIGATION MEASURES Section 21081. 6 of the California Public Resources Code requires this Board to adopt a monitoring or reporting program regarding CEQA mitigation measures in connection with these findings. This Board adopts the following program,. in fulfillment of this requirement: The County's Community Development Department shall prepare a written report and file it with the County approximately once , every year, beginning one year following approval of this Project by the Board of r Supervisors. The written report shall briefly state the status in implementing. each mitigation measure which is incorporated into this Project. Community Development staff shall determine whether there is any unusual and substantial delay of over two years in, or obstacle to, implementing the adopted or incorporated mitigations measures which requires action by Department staff. The result of this review will be provided to the Navy in writing. If the staff determines that action is required, the 26 staff and the Navy shall consult and, if possible, agree upon additional actions to be taken to implement the m,itigation. measure(s) which is subject to the delay or obstacle. ' If and only if the staff and the Navy are unable to agree upon the additional actions to be taken, then either staff or the Navy may bring the matter before the Board of Supervisors for a decision whether any action should be taken and what that action should be. Staff shall be limited to imposing reasonable actions as permitted by law which will implement the existing mitigation measures. In reviewing the timeliness of the ° implementation measures, staff shall consider the project timetable as presented to the Board of Supervisors. VIII. GENERAL This Board makes the following general findings and determinations and intends them to be generally applicable to this Project, including approval of the General Plan Amendment and approval of the road vacations and further intends that the following findings and determinations shall be generally applicable to all findings and determinations as a whole contained herein. A. In addition to the foregoing specific findings, this Board hereby incorporates by reference the applicable portions of the County Staff reports and studies, oral and written evidence submitted into the reocrd, the EIR, resolution and the information submitted by the Navy, all relating to the Project a and the Approvals. B. This Board intends that the foregoing findings and determinations be considered as an integrated whole and, whether or not any subdivision of these findings and determinations fails to cross-reference or incorporate by reference any other subdivision of these findings and determinations, that any finding and/or determination required or permitted to be made by this Board with respect to any particular subject matter of the project or any of the Approvals shall be deemed made if it appears in any portion of these findings and determinations. All of the foregoing constitute findings and determinations by this Board whether or not any particular sentence or clause states such. C. Each and all of the findings and determinations contained herein are based upon the competent and substantial evidence, both oral and written, contained in the entire administrative record relating to the Project and the Approvals, including, without limitation, that evidence presented in hearings on the Project before the Planning Commission. The findings and determinations constitute the independent findings and determinations of this Board in all respects and are fully and completely supported by the competent and substantial evidence in the administrative record as a whole. e c 28 w 2 . 3c Recorded at the request of: Contra Costa County Return to: Contra Costa County Real Property Division 255 Glacier Drive Martinez CA 94553 Attention: Ronald D. Babst 1 ` ------------------------------------------------------------------------------- THE. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 3, 1989 by the following vote: AYES: Supervisors Powers, Schroder, McPeak and Torlakson NOES: Supervisor Fanden ABSENT: None ABSTAIN: None ------------------------------------------------------------------------------- SUBJECT: Vacation of Portions of Port Chicago ) RESOLUTION NO. 89/655 Highway, Waterfront Road & Main Street ) Resolution & Order Vacating Vacation No. V1978, V1988/V1989 ) Public Street W.O. # 1690, 1742, 1743 ) (S. & H.C. Sec. 8324) The Board of Supervisors of Contra Costa RESOLVES THAT: On August 22, 1989, this Board passed Resolution No. X39-/559, declaring its - intention to vacate the County Streets, described in Exhibit "A" attached hereto and incorporated herein by this reference and fixed September 12, 1989 at 2:00 p.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 and expressed its intent to approve the vacations but deferred final action until October 3, 1989. This Board hereby determines pursuant to Streets and Highways Code Section 2381 that the area to be vacated is not useful as a nonmotorized transportation facility. This Board hereby FINDS that the public road is unnecessary for present or prospective public use once the terms of the MOU (Exhibit B) are satisfied and improvements to State Route 4 are completed. This Board hereby FINDS that these vacations will have a significant effect on the environment and that an EIR was prepared and circulated pursuant to State Law and County CEQA Guidelines. CEQA findings have been prepared on both the General Plan Amendment and these vacations and are available at the Clerk of the Board's Office and at the County Community Development Department Office. The Director of Community Development is ORDERED to file a Notice of Determination with the County Clerk. RESOLUTION NO. 89/655 This Board declares that the hereinabove described proposed vacation areas are HEREBY ORDERED VACATED, subject to the terms and conditions of the MOU being satisfied (Exhibit "B" and incorporated herein by reference) and any reservations and exceptions described in the attached Exhibit "A". This vacation will not be effective until mitigations funds are deposited with the County. From and after the date this Resolution is recorded, the roadways vacated no longer constitute public highways. The Real Property Division is ORDERED to record a certified copy of the Resolution in the office of the County Recorder. 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 the datte shown. ATTESTED: OC J 1989 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator .Deputy Orig. Dept. : Community Development cc: County Administrator Public Works Maintenance (via R/P) Road Engineering (via R/P) , Records (via R/P) County Counsel Recorder (Via R/P) Sheriff's Office Thomas Brothers Maps EBMUD CCWD PG&E Pacific Bell Applicant : Dept. of the Navy, Western Division Naval Facilities - Engineering Command P.O. Box 722, San Bruno, CA 94066-0720 JWC:vpl cjc4/res.jwc p EXHIBIT "A" PARCEL ONE - PORT CHICAGO HIGHWAY A portion of that County road known as Port Chicago Highway being all of said road lying northerly of the westerly prolongation of the northerly line of Warwick Street as shown on the map of Clyde filed April 22, 1919 in Book 17 of maps at page 358 and lying westerly of the most easterly terminus of the strip of land described as Parcel One in the Grant of Easement to Contra Costa County recorded February 9, 1971 in Book 6313 at page 303, Official Records of Contra Costa County, State of California. PARCEL TWO - VVUERFRONI' ROAD A portion of that County road known as Waterfront Road being all of said road. lying easterly of the westerly land acquisition line of the Naval Weapons Station, Concord, as delineated on the record of survey filed November 15, 1982 in Book 71 of Licensed Surveyors Maps at page 25 Records of Contra Costa County, California. PARCEL THREE - MAIN STREET All of that County road ]mown as Main Street as described in the Grant of Easement to Contra Costa County recorded Febnzary 9, 1971 in Book 6313 of Official Records at page 303, Records of Contra Costa County, State of California. RESERVING FROM PARCEL ONE, PARCEL TM, AND PARCEL THREE: Pursuant to the provisions of Section 8340 of the Streets and Highways Code, the easement and right at any time, or from time to time, to construct, enlarge, main- tain, operate, replace, remove, and renew those existing and in place utilities, as of the date of recording this instrument, in, upon, over and across any highway or part thereof proposed to be abandoned, including access to protect the property from all hazards in, upon, and over the area herein before described to be abandoned. RB:rs ex:pchic August 9, 1989 EXffIBIT "B" .� 6241488RP00A,7B MEMORANDUM OF UNDERSTANDING This Memorandum, made and entered into by and between the United States of America , acting by and through the Department of, the Navy (hereinafter called "Navy") and the County of Contra Costa, State of California (hereinafter called "County") , concerns the parties understanding of their respective positions regarding the closure of portions of Port Chicago Highway, Main Street and Waterfront Road, (hereinafter called "Roads") for the purpose. of ' meeting safety requirements in the operation of the Navy's Naval Weapons Station, Concord, California, (hereinafter called "Station"). 1 . The County agrees to conduct proceedings , pursuant to Streets and Hiahways Code S-ection 8300 et seq. , to determine whether the publ'ic 's in�erest in portions of Port Chicago Highway, Main Street and Waterfront Road, as delineated on the sketch marked Exhibit "A" attached hereto and made a part hereof, should be vacated. The Navy agrees to pay all fees and expenses for processing the abandonment/vacation, amending the County's General Plan and completing any required environmental review. 2. Upon a determination by the County that the public's interest in the Roads should be vacated, the County shall , concurrently with the Navy's payment to the County of the compensation specified in paragraph 8 below, execute and deliver to the Navy a recordable quitclaim deed to the United States of America of all the County's right, title and interest in and to the rights of way/easements for the Roads. The quitclaim deed shall be delivered to the Navy in accordance with the date established in paragraph 8 below. The quitclaim deed shall be subject to all easements reserved for existing, in-use utilities. _ 3. The Navy agrees that the County may .retain sub-surface rights under the Roads abandoned/vacated only for the purpose of granting easements to utility companies to install , maintain, and replace existing or future underground electrical lines , underground natural gas lines, underground sewer lines , underground water lines , telephone, telegraph, cable T.V. , drainage facilities , and underground liquid fossil fuel lines (i .e. oil , gasoline); provided, however, that the written approval of the Commander, Western Division, Naval Facilities Engineering Command, San Bruno, California, will be obtained by County prior to issuance. of any such easement. The Navy reserves the right to refuse installation of any utility lines that is not of the type described above, or whose installation would not be in strict compliance with all federal , state or county laws , ordinances, rules , regulations or codes or for which above ground structures would be required . (e.g. unrefined oil heaters) , or for which frequent maintenance checks or operating--procedures would have to be performed inside Navy boundaries. All such easements granted by the County shall provide that the easement shall be subject to the Navy's right to establish and enforce security and safety regulations , and . procedures and restrictions for ingress and egress to the easement area. ; �llUDD ,. .. . 47488 RP 00 A 7 8 4. Upon completion of the County's official abandonment/vacation of the .Roads , the Roads shall become privately-owned roads and the Navy shall issue a Right of Way Lease to the County for the abandoned roads , permitting County to lease the Roads for use by the general public for the period requested by the County, but not to exceed five years from the date of the official abandonment/vacation. The lease will be for no monetary consideration, but will require that the County maintain the Roads as privately-owned roads , pursuant to the Streets and Highways Code Section 969.5. During the term of the lease, the Navy shall have the right, with the concurrence of the County, .to detour traffic in connection with any Navy construction project affecting 'the' Roads. 5 . County shall indemnify and hold harmless Navy from the County's share of liability arising from"the -use of Roads by the general public ceased by the negligence or willfull misconduct of County, its officers or employees. The. Navy shall be responsible for damage, injury, death or loss arising from the actions by Navy or its employees in accordance with the Federal Tort Claims Act. In the event the Navy undertakes construction on or adjacent to - the Roads , the Navy agrees to include in the construction contract language: (1 ) requiring the con.-ractor(s) to provide comprehensive general liability insurance and vehicular insur4nce naming the County, its officers and employees as additional insureds in an amount and form which the Navy normally requires for its construction projects; and (2) requiring the contractor(s) to indemnify the County, its officers and employees to the same extent as the contractor indemnifies the Navy. 6. Nothing in this agreement is intended to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. 7. Upon actual closure of the Roads by Navy, the Navy shall grant emergency access to the Roads by law enforcement, fire, and other emergency vehicles, subject to the approval of the Commanding Officer of the Station. Public service and commercial utility crews of agencies with utility lines in the Tidal Area shall be granted access to the Roads as stipulated in existing or amended easements or right of way agreements , where appropriate. In addition, should that portion of State Route 4 adjacent to the Roads become blocked due to . earthquake, major accident, chemical spill or other catastrophic cause, the Navy shall permit vehicular traffic through the Naval Weapons Station, Concord, as a detour - during the period of such blockage, subject to approval of the Commanding Officer of the . Station. Procedures for gaining access will be specified in interagency agreements. 8. Concurrently with the County's delivery to the Navy of the quitclaim deed under paragraph 2, the Navy agrees to pay the County $5 million to cover the cost of mitigating the impact of the abandonment/vacation of the Roads. The payment of $5 million is subject to authorization and appropriation of the funds by Congress. The County's use of the compensation shall not be restricted or limited in any manner, so long SSCPID'Y BD %6247488 R P 0 0 A.78 . as the funds are used directly or indirectly to mitigate transportation impacts from closure of the Roads. If the funds specified in this paragraph have not been appropriated and tendered to the County by March 31 , 1991 , unless further extensions by mutual agreement, the County shall not be obligated to deliver a quitclaim deed to the Roads to the Navy and any abandonment/vacation of the Roads previously approved by the County shall be automatically revoked. 9. This Memorandum shall become effective only if approved an4 executed, by both parties by 21 June 1988 and shall continue in effect until terminated by mutual agreement of the parties. COUNTY OF ,CONTRA COSTA UNITED STATES OF AI ERICA Recomm nde By: ��,�-�11 �'��,�.,�//• CHARLES JSWILLIr"ANS By: AA Director, Real Estate BARBARA NEUSTADTER Division, Real Estate Deputy Director for Contracting Officer, Transportation Planning Western Division, Naval Facilities Engineering Command _ Approved By: V`�� ' ✓ PHILIP BATCHELOR County Administrator CONCURRENCE: �k V, Commanding Off0-ILion Naval Weapons Concord, California FORM APPROVED: VICTOR J. WEST14AN COUNTY COUNSEL r By. �---� eputy AD