HomeMy WebLinkAboutMINUTES - 12121995 - D9 T Recorded at the request of
Contra Costa County
Return to:
`Contra Costa County
RP41 Property Division
255 Glacier Drive
Martinez, CA 94553
Attention: Ronald Babst
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 12, 1995 by the following vote:
g
AYES: Supervisors Rogers, Smith,DeSaulnier, Bishop, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: In the Matter of the Vacation of Portions of RESOLUTION NO. 95/606
Waterfront Road and Solano Way ) Resolution& Order Vacating
�°=-_--W.O. #1600 )
a Public Street
Concord Area ) (S.&H.0 § 8324)
The Board of Supervisors of Contra Costa County RESOLVES that:
On November 7, 1995,this Board passed Resolution No. 95/538, declaring its intention to vacate the
County Streets described in Exhibits"A,"`B,"`B-1,""B-2" attached hereto and incorporated herein
by this reference and fixed on December 12, 1995,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.
This Board hereby determines pursuant to Streets and Highways Code Section 892 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 MOA(Exhibit"C") are satisfied.
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 and are available at the Clerk of the Board's Office and at County
Community Development Department Office. The Director of Community Development is
ORDERED to file a Notice of Determination with the County Clerk.
This Board declares that the hereinabove described proposed vacation area are HEREBY ORDERED
VACATED subject to the terms and conditions of the MOA being satisfied (Exhibit "C" 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.
RESOLUTION NO. 95/606
4�
RESOLUTION NO. 95/606
December 12, 1995
Page 2
From and after the date this Resolution is recorded,the roadways vacated no longer constitute public
highways.
The Clerk of the Board is ORDERED to record a certified copy of this Resolution in the Office of
the County Recorder upon notification from the Director of Public Works that the conditions of
vacation have been fulfilled.
Orig. Dept.: Public Works
Contact: Ronald Babst(510) 313-2226
cc: County Counsel
Community Development
Recorder
EBMUD,Land Management Division(via PWD)
Thomas Brothers Maps(via PWD)
Pacific Gas and Electric Attn: Land Department (via PWD)
Pacific Bell Attn: Buck Keith
401 Lennon Lane, Rm. 205,Walnut Creek, CA 94598
Contra Costa Water District
Applicant: Richard S. Bruno
PO Box 630
Martinez, CA 94553
jwc(2)1995\so1ano2.res
I hereby certify that this IS a 6W and em, Copy of
an action taken and entered an the minutes Of tha
Board of Su I90ra On t e date thOMltl.
ATTESTED:
PHIL BATCHELOR,Clerk Of the Board
f Supervisor and County Administrator
" o
By ,Deouty
RESOLUTION 95/606
11/02/,95 THU 08:02 FAX 510 313 2333 CCC PUBLIC WORKS 004
October, 18, 1995 Abandonment
file: no863S100 .abd
EXHIBIT "A"
All that real property situated in the unincorporated area
of Martinez, County of Costa County , State of California,
described as follows:
PARCEL ONE (Solano Way)
Portion of the Rancho Monte Del Diablo and a portion of
Swamp and Overflow Lands, described as follows:
All that portion of that strip of land, varying in width,
known as Sclano Way, a County road, and running in a general
northwesterly direction for approximately 2 .'i miles .
Bounded on the south by the following described line:
Beginning in the northerly line of Arnold Industrial Macy
shown as "Frontage Road" on sheet 11 of 11 of the map
entitled "REL NO. 'i0382, Relinquishment in the County of
Contra Costa" , filed December 21, 1982, State Highway Map
Book No . 8, pages 1i through 2q, inclusive, Contra Costa
County Records, at the point of compound curve of a curve
concave to the north having a radius of 19S1 .00 feet, with a
curve concave to the northeast having a radius of 20 .00
Feet, a radial line of said curve at said point of compound
curve bears North 10-'12-28 West; thence From said point of
beginning, in a direct line, South 89-`t3-21 West, 1'fB .4a
feet to a point in the northerly line of Imhoff Drive
"Frontage Road" at the southwesterly terminus of the course
shown as South 61-32-20 West , 9 ,75 feet on said sheet 11 Of
11 (State Highway Map Book No . 8, pages 1'i through 2q) .
Bounded on the north by southerly line of the parcel of land
described in the deed to the County of Contra Costa,
recorded January z6, 1913, Book 194 Deeds, page 269, being
the southerly line of Waterfront Road, a County road ,
PARCEL TWO (Waterfront Road)
Portion of Swamp and Overflow Lands, described, as follows:
All that portion of that strip of land, varying in width,
known as Waterfront Road, a County road, and running in a
general northeasterly direction for approximately 1 .'i miles.
Bounded on the west by the Following described line :
Beginning at a point in the northeasterly line of Waterfront
Road being the northeasterly line of the parcel of land
described in the deed to the County of Contra Costa,
recorded Februacg 18, 1915, Book 239 Deeds, page 381 , Contra
11/02!95 TRU 08:02 FAX 510 313 2333 CCC PUBLIC WORKS �005
"`"� .a sh' -
Costa County Records, distant thereon North 58-39-30 West,
38 .69 Feet from the most westerly corner of the parcel of
land described in the deed to the County of Contra Costa,
recorded August 8, 19'16, Book 828 Official Records, page
198; thence From said point of beginning South 18-39-20
East, 122 .73 feet to the southerly- line of the parcel of
land described in the deed to the County of Contra Costa,
recorded January 16, 1913, Book 19'1 Deeds, page 269, being
the southerly line of said Waterfront Road .
Bounded on the east by the west line of the parcel of land
described as Parcel Four - Waterfront Road, in the Quitclaim
Deed to the United States of America, recorded February 12,
1990, Book 15653 Official Records, page 659 .
RESERVING, THEREFROM PARCELS ONE and TWO: Pursuant to the
provisions of Section 63110 of the Streets and Highways Code,
the easement and right at any time, or from time to time, to
construct, enlarge, maintain, operate, replace, remove, and
renew those existing and in place utilities, as of the date
of the recording this instrument , in, upon, over and across
any highway or part thereof proposed to be abandon,
including access to protect the property from all hazards,
in, upon, and over the area herein before described to be
abandoned.
This real property description has been prepared by me or
under my direction, in conFormance with the Professional
Land Surveyors Act.
Signature:
Licensed Land Surveubr �► `�
IM L=1
Date: ��"1 "" 887.4
Page 2 of 2
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EXHIBIT C
MEMORANDUM OF UNDERSTANDING
November 13, 1995
RE: SOLANO WAY CLOSURE
1. Non-Monetary Items
CONDITIONS OF APPROVAL:
a. Waterfront Road Gate Relocation
The northern closure point will be relocated from Solano Way to Waterfront
Road to provide better control of the lands to the east of Solano Way. The
final closure point and improvements are to be worked out with Public Works
Engineers.
b. Protect Utility Easements
The County will maintain subsurface road rights. Sewer,water and utility uses
of the right-of-way will have their facilities protected by the agreement; utility
staffs will have access rights along the road right-of-way for maintenance of
their facilities.
C. Option on Road Reopening
If the refinery.closes down, the County will have the option of reopening the
road (since the safety concern will no longer be at issue). This will be
-1-
triggered if all refinery operations are closed for one year or longer.
d. BFI Solid-Waste Transfer and Recovery Station (STAR) and Garbage Trucks
In times of emergency or temporary road closures (e.g., last year's flooding),
garbage trucks and transfer trucks operated by BFI will be allowed access
along Solano Way.
e. Flood Control Dredge Management Plan
Tosco and Contra Costa County Flood Control District have located an
approximate 40 acre site on Tosco lands,which has been previously identified
to be used by the agency for a dredge management site to remove dredging
materials from the Walnut Creek Channel for dewatering and transfer. Tosco
has agreed to provide a written license agreement for an approximate ten-year
period for the District's use of the ±40 acre site. The terms of the license
agreement will be worked on over the next year.
L Long Term Access Agreement
Solano Way and Waterfront Road will physically remain and will be available
for use by the public during emergencies, including transfer and garbage
trucks, and for access to the Point Edith Marsh in accordance with a written
Access Agreement to be approved by the Emergency Services Director.
g. Staging Area Improvement to Point Edith Marsh
Tosco will provide a staging area to be approved by Public Works adjacent to
the Point Edith Marsh area.
-2-
h. Closure Point Access
Tosco agrees to maintain from the end of the County maintained right-of-way
located at the eastern end of Pacheco Bridge and the Northern end of the
intersection of Solano Way with Arnold Industrial Hwy/Imhoff,Drive to the
turnarounds as long as the closure agreement exists.
L Maintenance of Road Closure Facilities
On an annual or as needed basis, the County of Contra Costa Public Works
Department is entitled to inspect the closure points as described in paragraph
h. above and provide a scope of maintenance work for the facilities.
2. Monetary Issue
a. Road Closure Mitigation Fund
Tosco and the County of Contra Costa have agreed that Tosco will contribute
$5,000,000.00 toward mitigation for the approved closure of Solano Way. An
initial $500,000.00 will be provided to the fund within forty-five (45) days of
acceptance of the road closure by the Board of Supervisors. The initial
.payment will trigger the transfer of road deeds and other implementation
documents. On the anniversary date of the initial payment and each
anniversary date thereafter,the'sum of$500,000.00 per year for the remaining
nine (9) years for payments totaling $5,000,000.00.
3. Community Contributions
Tosco has agreed to make the following voluntary community contributions:
-3-
a. Replacement Trail
The Walnut Creek Channel trail and bicycle route will be developed in
cooperation with the East Bay Regional Park District. Tosco has agreed to
contribute $1,000,000.00 per the following approved payment plan by the East
Bay Regional Park District: January 1, 1999, Tosco will contribute
$400,000.00;and on the anniversary date thereafter, $100,000.00 per year over
the following six (6) years for a total of$1,000,000.00. All contributions will
be paid to the East Bay Regional Parks Foundation, a Non-Profit 501C(3)
Organization.
b. Pacheco Town Center
Tosco will contribute the sum of $100,000.00 toward construction of the
Pacheco Town Center to be paid within ninety (90) days of the closure of
Solano Way.
C. Vine Hill Neighborhood
Tosco will contribute a sum to be negotiated with the community of Vine Hill
for closure improvements to Arthur Road or the acquisition of the gun club
right-of-way for use of their easement on Arthur Road. Said sum will be paid
directly for the acquisition of rights or to the County Public Works
Department as a depository, depending on which option is feasible.
d. Mt. View Sanitary District
Tosco will contribute the sum of$10,000.00 to the Mt. View Sanitary District
for marshland management. The payment is to be made within ninety (90)
days of closure of Solano Way.
-4-
e. Martinez Land Trust
Tosco will contribute the sum of $5,000.00 to the Martinez Land Trust for
improvements to their marshland along Waterfront Road. The payment is to
be made within ninety (90) days of closure of Solano Way.
0021000R
11/13/95
-5-
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: January 24, 1996
TO: Jeanne Maglio, Chief Clerk, Clerk of the Board
FROM: J. Michael Walford, Public Works Director
SUBJECT: Closure and Vacation of Solano Way
Item D.9 on December 12, 1995
Please record the Resolution of Vacation of Solano Way which was approved by the Board
of Supervisors on December 12, 1995. Tosco has complied with the conditions stated in
the Board Order.
Please call Julie Bueren at 313-2342 if you have any questions.
JMW:JB:eh
g1ranseng\SolanoCIA
cc: Members, Board of Supervisors
R. Bruno,Tosco _--_ ., CEIV ®
i.
JAN 2 41996
CLERK BOARD OF SUPERVISORS^:
CONTRA COSTA CO.
Recorded at the request of: RECORDED AT REQUEST OF
Contra Costa County
96 1.326
Return to: JAN 2 1996p
Contra Costa County AT O'CLOCK \ M
Real Property Division CONTFtA COSTA COUNTY RECORDS
255 Glacier Drive STEPHEN L. WEIR
Martinez, CA 94553 COUNTY RECORDER
Attention: Ronald Babst FEE:
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 12, 1995 by the following vote:
AYES: Supervisors Rogers, Smith,DeSaulnier,Bishop,Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: In the Matter of the Vacation of Portions of RESOLUTION NO. 95/606
Waterfront Road and Solano Way ) Resolution& Order Vacating
W.O. #1600 ) a Public Street
Concord Area ) (S.&H.0 § 8324)
The Board of Supervisors of Contra Costa County RESOLVES that:
On November 7, 1995,this Board passed Resolution No. 95/538, declaring its intention to vacate the
County Streets described in Exhibits"A,"`B,"`B-1,"`B-2" attached hereto and incorporated herein
by this reference and fixed on December 12, 1995,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.
This Board hereby determines pursuant to Streets and Highways Code Section 892 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 MOA(Exhibit"C")are satisfied.
This Board hereby FINDS that these vacations will have a significant effect on the environment, and
that an EIR was pr6pared and circulated pursuant to State Law and county CEQA Guidelines.
CEQA findings have been prepared and are available at the Clerk of the Board's Office and at County
Community Development Department Office. The Director of Community Development is
ORDERED to file a Notice of Determination with the County Clerk.
This Board declares that the hereinabove described proposed vacation area are HEREBY ORDERED
VACATED subject to the terns and conditions of the MOA being satisfied (Exhibit "C" 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.
RESOLUTION NO. 95/606
RESOLUTION NO. 95/606 •
December 12, 1995
Page 2
From and after the date this Resolution is recorded,the roadways vacated no longer constitute public
highways.
The Clerk of the Board is ORDERED to record a certified copy of this Resolution in the Office of
the County Recorder upon notification from the Director of Public Works that the conditions of
vacation have been fulfilled.
Orig.Dept.: Public Works
Contact: Ronald Babst(510) 313-2226
cc: County Counsel
Community Development
Recorder
EBMUD,Land Management Division(via PWD)
Thomas Brothers Maps(via PWD)
Pacific Cas and Electric Attn: Land Department(via PWD)
Pacific Bell Attn: Buck Keith
401 Lennon Lane,Rm. 205,Walnut Creek, CA 94598
Contra Costa Water District
Applicant: Richard S. Bruno
PO Box 630
Martinez, CA 94553
1 trereby certify that this is a true and correct copy of
jwo(2)19954obw2.ra an action taken and entered on the minutes of the
Board of isors on data shown.
ATTESTED. 1 I T!
PHIL BATCHELOR,Clerk of the Board
upervisoCounty Istrator
v
By 71 .Decuty
RESOLUTION 95/606
-W
11/0?/95 TIRU 08:02 FAX 510 3 3 2333 CCC PUBLIC WORKS Qb004
October 18, 1555 Abandonment
file: no863S100 .abd
EXHIBIT "A"
All that real property situated in the unincorporated area
of Martinez, County of Costa County, State of California,
described as follows:
PARCEL ONE (Solano Way)
Portion of the Rancho Monte Del Diablo and a portion of
Swamp and Overflow Lands, described as follows:
All that portion of that strip of land, varying in width,
known as Solano Wag, a County road, and running in a general
northwesterly direction for approximately 2 .4 miles .
Bounded on the south by the following described line:
Beginning in the northerly line of Arnold Industrial Wag
shown as "Frontage Road" on sheet 11 of 11 of the map
entitled "REL NO. 40362, Relinquishment in the County of
Contra Costa" , filed December 21 , 1982, State Highway Map
Book No. 8, pages ii through 21, inclusive, Contra Costa
County Records, at the point of compound curve of a curve
concave to the north having a radius of 1951 -00 feet, with a
curve concave to the northeast having a radius of 20-00
feet, a radial line of' 5aid curve at said point of compound
curve beers North 10-42-28 West; thence from said point of
beginning, in a direct line, South SS-43-21 West, lq8 .4:1
feet to a point In the northerly line of Imhoff Drive
"Frontage Road" at the southwesterly terminus of the course
shown as South 6i-32-20 West, 9.75 feet an said sheet 11 of
11 (State Highway Map Book No . 8, pages 14 through 2q) .
Bounded on the north by southerly line of the parcel of land
described in the dead to the County of Contra Costa,
recorded JanuarW 16, 1913, Book 194 Deeds, page 269, being
the southerly line of Waterfront Road, a County road .
PARCEL TWO (Waterfront Road)
Portion of Swamp and Overflow Lands, described as follows:
All that portion of that strip of land,
varying in width,
known as Waterfront Road, a County road, and running in a
general northeasterly direction for approximately 1 .4 Miles.
Bounded on the west by the following described line:
Beginning at a point in the northeasterly line Of Waterfront
Road being the northeasterly line of the parcel of land
described in the deed to the County of Contra Costa,
recorded February 18, 1315, Book 233 Deeds, page 381 , Contra
11/•02/95 THU 08:02 FAX 510 313 2333 CCC PUBLIC WORKS zoos
Costs County Records, distant thereon North 58-39-30 West,
38.89 feet from the most westerly corner of ,the parcel of
land described in the deed to the County of Contra Costs,
recorded August e, JqLJG, Book 826 Official Records, page
198; thence from said point of beginning South 18-39-30
East, 122.79 feet to the southerly line of the parcel of
land described in the deed to the County of Contra Costa,
recorded January 16, 1913, Book 191 Deeds, page 269, being
the southerly line of said Waterfront Road .
Bounded on the east by the west line of the parcel of land
described as Parcel Four - Waterfront Road, in the Quitclaim
Deed to the United States of America, recorded February 12,
1930, Book 15653 Official Records, page 65S.
RESERVING THEREFROM PARCELS ONE and TWO: Pursuant to the
provisions of Section 83LiO of the Streets and Highways Code,
the easement and right at any time, or from time to time, to
construct, enlarge, maintain, operate, replace, remove, and
renew those existing and in place utilities, as of the date
of the recording this instrument, in, upon, over and across
any highway or part thereof Proposed to be abandon,
including access to protect the property from all hazards,
in, upon, and over the area herein before described to be
abandoned .
This real property description has been prepared by me Or
under my direction, In conformance with the Professional
Land Surveyors Act.
L
Signature:
Licensed Land Surve r
-
IM L=X
Date: & SB74
C
Page 2 of 2
11/OZ/95 MU 08:02 FAX 510 3 2333 CCC PUBLIC WORKS 006
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• EXHIBIT C
MEMORANDUM OF UNDERSTANDING
November 13, 1995
RE: SOLANO WAY CLOSURE
1. Non-Monetary Items
CONDITIONS OF APPROVAL:
a Waterfront Road Gate Relocation
The northern closure point will be relocated from Solano Way to Waterfront
Road to provide better control of the lands to the east of Solan Way. The
final closure point and improvements are to be worked out with Public Works
Engineers.
b. Protect Utility Easements
The County will maintain subsurface road rights. Sewer,water and utility uses
of the right-of-way will have their facilities protected by the agreement;utility
staffs will have access rights along the road right-of-way for maintenance of
their facilities.
C. Option on Road Reopening
If the refinery closes down, the County will have the option of reopening the
road (since the safety concern will no longer be at issue). This will be
-1-
triggered if all refinery operations are closed for one year or longer.
d. BFI Solid Waste Transfer and Recovery Station(STAR) and Garbage pucks
In times of emergency or temporary road closures (e.g., last year's flooding),
garbage trucks and transfer trucks operated by BFT will be allowed access
along Solano Way.
e. Flood Control Dredge Management Plan
Tosco and Contra Costa County Flood Control District have located an
approximate 40 acre site on Tosco lands,which has been previously identified
to be used by the agency for a dredge management site to remove dredging
materials from the Walnut Creek Channel for dewatering and transfer. Tosco
has agreed to provide a written license agreement for an approximate ten-year
period for the District's use of the ±40 acre site. The terms of the license
agreement will be worked on over the next year.
L Long Term Access Agreement
Solano Way and Waterfront Road will physically remain and will be available
for use by the public during emergencies, including transfer and garbage
trucks, and for access to the Point Edith Marsh in accordance with a written
Access Agreement to be approved by the Emergency Services Director.
g. Staging Area Improvement to Point Edith Marsh
Tosco will provide a staging area to be approved by Public Works adjacent to
the Point Edith Marsh area
-2-
h. Closure Point Access
Tosco agrees to maintain from the end of the County maintained right-of-way
located at the eastern end of Pacheco Bridge and the Northern end of the
intersection of Solano Way with Arnold Industrial Hwy/Imhoff Drive to the
turnarounds as long as the closure agreement exists.
L Maintenance of Road Closure Facilities
On an annual or as needed basis, the County of Contra Costa Public Works
Department is entitled to inspect the closure points as described in paragraph
h. above and provide a scope of maintenance work for the facilities.
2. Monetary Issue
a. Road Closure Mitigation Fund
Tosco and the County of Contra Costa have agreed that Tosco will contribute
$5,000,000.00 toward mitigation for the approved closure of Solano Way. An
initial $500,000.00 will be provided to the fund within forty-five (45) days of
acceptance of the road closure by the Board of Supervisors. The initial
payment will trigger the transfer of road deeds and other implementation
documents. On the anniversary date of the initial payment and each
anniversary date thereafter,the sum of$500,000.00 per year for the remaining
nine (9) years for payments totaling $5,000,000.00.
3. Community Contributions
Tosco has agreed to make the following voluntary community contributions:
-3-
a. Replacement Trail
The Walnut Creek Channel trail and bicycle route will be developed in
cooperation with the East Bay Regional Park District. Tosco has agreed to
contribute$1,000,000.00 per the following approved payment plan by the East
Bay Regional Park District: January 1, 1999, Tosco will contribute
$400,000.00;and on the anniversary date thereafter,$100,000.00 per year over
the following six (6) years for a total of$1,000,000.00. All contributions will
be paid to the East Bay Regional Parks Foundation, a Non-Profit 501C(3)
Organization.
b. Pacheco Town Center
Tosco will contribute the sum of $100,000.00 toward construction of the
Pacheco Town Center to be paid within ninety (90) days of the closure of
Solano Way.
C. Vine Hill Neighborhood
Tosco will contribute a sum to be negotiated with the community of Vine Hill
for closure improvements to Arthur Road or the acquisition of the gun club
right-of-way for use of their easement on Arthur Road. Said sum will be paid
directly for the acquisition of rights or to the County Public Works
Department as a depository, depending on which option is feasible.
d. Mt. View Sanitary District
Tosco will contribute the sum of$10,000.00 to the Mt. View Sanitary District
for marshland management. The payment is to be made within ninety (90)
days of closure of Solan Way.
e. Martinez Land Trust
Tosco will contribute the sum of $5,000.00 to the Martinez Land Trust for
improvements to their marshland along Waterfront Road. The payment is to
be made within ninety (90) days of closure of Solano Way.
002100ox
11/13/95
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D. 9
j
Y - Contra
Costa
TO: BOARD OF SUPERVISORS of :awe
HARVEY E. BRAGDON , ^ ` ou' "1
FROM: °'A x .
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: November 13 , 1995
SUBJECT: CLOSURE AND VACATION OF SOLANO WAY
SPECIFIC REQUEST(8) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Open the public hearings; receive testimony; and close the
public hearing.
2. Concur with the recommendation of the County Zoning
Administrator that the Final EIR is adequate for considering
the projects covered by the EIR and certify the EIR as
adequate.
3 . Adopt the General Plan Amendments to the Circulation, Land
Use, and Open Space (Trails) Elements of the Contra Costa
County General Plan as recommended by. the Contra Costa County
Planning Commission.
4. Determine that the vacation of Solano Way and portions of
Waterfront Road are in the public interest and that the roads
are unnecessary for present or prospective public use as
required by Section #8324 of the Streets and Highway Code and
that the vacations be approved as recommended by the County
Planning Commission.
5. The Clerk of the Board is not to record the reso ` tion of
vacation until the Public Works Director provide rit n
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA r,. OF BO D COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON Decem5er 12 , 1995 APPROVED AS RECOMMENDED x OTHER
See Addendum for list of speakers . IT IS BY THE BOARD ORDERED that the
above recommendations are APPROVED: and Resolution 95/605 relative to
recommendation 3 is ADOPTED; and Resolution 95/606 relative to recommendation
4 is ADOPTED.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Jim Cutler (510 646-2034) ATTESTED December 12 , 1995
cc: Community Development Department
CAO PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Public Works AND U ADM N STRATOR
Tosco (via CDD)
BY , DEPUTY
JWC:drb
JWC1995\drb\So1ano.brd
Closure and Vacation of Solano Way
November 13, 1995
Page Two
notification to that office that the following conditions have been
fulfilled:
• The vacation not to occur sooner than 45 days after
approval by the Board of Supervisors unless authorized in
writing by the Public Works Director.
• Upon payment of the first $500,000 installment to the
County Trust Fund.
• Upon approval by the Public Works Director to the deeds
and transferral documents which will need to be recorded.
• Upon approval of the Public Works Department of the road
improvements necessary for the closure.
• Upon fulfillment of the issues called for in the
memorandum of understanding between Tosco and County
staff. Tosco will provide a program for compliance with
the community contributions discussed in the Memorandum
of Understanding (attached) .
6. Approve the Long Term Access Agreement between Tosco and the
County.
7. Establish a Solano Way Transportation Trust Fund. The fund
will be limited to transportation improvements in the North
Concord/East Martinez area and will be administered by the
Public Works Department. All interest generated from the
trust will belong to the trust.
8. Request the Public Works Department, in consultation with the
Community Development Department, to prepare an expenditure
plan for the use of the Solano Way Transportation Trust Fund.
Interested citizen groups should be noticed when the draft
plan will be considered for adoption by the County (see body
of this report for an initial list to be notified) .
9. Request the Community Development and Public Works Departments
to prepare a report on the use of the vacated portions of
Waterfront Road on the ultimate use of this roadway, right-of-
way and adjacent property. All stakeholders need to be
involved in this discussion.
10. Request the Public Works and Community Development Departments
to schedule Waterbird Way(South) for renaming.
11. Approve a License Agreement between the Flood Control District
and Tosco for a dredge spoil site on Tosco property.
12. Adopt the CEQA findings and mitigation monitoring program
(attached) consistent with Board actions on these subjects.
FISCAL IMPACT
The Memorandum of Understanding provides for cash contributions and
non-cash benefits to the County, EBRPD, and community groups of
approximately nine million dollars.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Tosco Refining Company has requested a General Plan Amendment
and the vacation of Solano Way and portions of Waterfront Road.
Their request is based on the fact that Solano Way bisects the
refinery and impacts on its operation and, more importantly, that
there are public safety issues which can be improved by the closure
Closure and Vacation of Solano Way
November 13 , 1995
Page Three
Study of this request. The study was expanded at staff's request
to include a review of the Circulation Element for the North
Concord/East Martinez area and area trails. Their recommendations
are found in their resolution and staff reports. They will be
verbally described at the Public Hearing.
An Environmental Impact Report (EIR) was prepared on this project
and after a public hearing the County Zoning Administrator
recommended approval of the Final EIR. During the EIR processing
.time frame, Community Development and Public Works Department
staffs negotiated a Memorandum of Understanding with Tosco's staff
on a range of conditions and contributions that Tosco could make to
offset the impact of this closure request.
The County Planning Commission considered a staff report which
dealt mostly with General Plan Circulation Element issues for the
North Concord/East Martinez area and the proposed vacation of
Solano Way and portions of Waterfront Road. They unanimously
recommended the Board amend the County General Plan and approve the
vacations as suggested by staff with minor changes.
The Streets and Highways Code 18324 requires the Board, in
consideration of a vacation, needs to find that the road isn't
required for existing or prospective future need. The declining
non-Tosco use of this road coupled with the public safety issues
(described in the staff report) form the basis for making this
finding. The law further allows the County not to record the
vacation until conditions of the vacation are satisfied. Those are
described in recommendation #5.
A Long Term Access Agreement, patterned after the Navy road closure
agreement, has been worked out between the County Emergency
Services office and Tosco and would need to be exercised if the
closure is approved.
The Memorandum of Understanding negotiated by staff, includes many
concepts and contributions. One major provision is that Tosco will
provide the County with $5 million dollars in annual increments.
That money is proposed to be placed in a special trust fund
administered by the Public Works Department which would fund
improvements in the North Concord/East Martinez area. Principal
and interest from this fund would be allocated based on an
Expenditure Plan to be developed by County staff. Affected citizen
groups should be involved in review of the Draft Expenditure Plan.
At a minimum, notification of when the County will consider this
draft plan should be sent to the following individuals:
David Contreras P.O. Box 2757, Martinez, CA 94553
Bob Hagin 9 Benita Way, Martinez, CA 94553
Joyce Jones 45 Rutherford Lane, Pacheco, CA 94553
David Kory 419 Highland Court, Concord, CA 94520
Dorothy Sakazaki 737 Central Avenue, Martinez, CA 94553
Should the Board concur with the vacation of portions of Waterfront
Road, County staff needs to work with Tosco, the Navy, the EBRPD,
environmental and recreation activity groups to prepare a report
and plan for the use of the vacated portions of Waterfront Road and
adjacent lands including Point Edith Wildlife Management area.
This could take up to a year to accomplish.
With the proposed removal of Waterbird Way South of the existing
northern section from the General Plan, it will leave Waterbird Way
in the north and a small section of Waterbird Way (sometimes called
Waterbird Way South) adjacent to the County facilities on Blum
Road. Since these roads won't connect, the southern section should
be renamed to avoid problems of two roadway segments with the same
Closure and Vacation of Solano Way
November 13, 1995
Page Four
name separated by over a mile from each other. Confusing names and
locations is of concern to public safety agencies. Staff should
bring a name change proposal to the Board for determination, if the
Board approves the other recommendations listed above.
Lastly, the Board should adopt CEQA findings and a mitigation
monitoring plan (attached) consistent with Board action on this
matter.
r '
ADDENDUM
ITEM D. 9
DECEMBER 12, 1995
A public hearing having heretofore been noticed on the
recommendation of the Contra Costa county Planning Commission on
the Solano Way General Plan Amendment including changes to the
East Martinez/North Concord Circulation Element and intention to
vacate public right-of-way for Solano Way and a portion of
Waterfront Road from a point at the east end of Walnut Creek
Channel Bridge to the westerly point of closure with the Navy and
other actions related to this project, the following persons
presented testimony:
Clark Wrigley, representing Tosco Refinery;
Joyce Jones, 45 Rutherford Lane, Pacheco, representing the
Pacheco Town Council;
Dee Motheral, 3952 Walnut Avenue, Concord;
Donald A. Neith, 301 Waterfront Road, Martinez;
Jerry Westermann, 888 So. Figueroa Street, Los Angeles;
Dorothy Sakazaki, 737 Central Avenue, Martinez, representing
Mt . View Sanitary District and Vine Hill Community;
Shawn McGarry, 10 Buc Court, Pleasant Hill, representing
Sierra Pacific Properties;
Bob Hagin, no address given, Martinez, representing Blum
Road Alert;
Hal R. Yeager, 89 Baylor Lane, Pleasant Hill;
Steve Fiala, 2950 Peralta Oaks Court, Oakland, representing
East Bay Regional Park District;
A.B. McNabney, 1161 Leisure Lane #7, Walnut Creek,
representing the Mt . Diablo Audubon Society;
Don MacPhee, 1140 Panoramic Drive, Martinez;
James Marieiro, 138 Chipper, Martinez;
Don Mount, 1309 Grass Lane, Concord;
Russell Leavitt, 5019 Imhoff Place, Martinez, representing
Central Contra Costa Sanitary District .
BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
FINDINGS FOR THE CLOSURE OF SOLANO WAY
AT THE AVON REFINERY
The Board of Supervisors of the County of Contra Costa hereby adopts and
makes the following findings relating to the certification of the Environmental Impact Report
prepared for the closure of Solano Way at the Avon Refinery.
I. INTRODUCTION
A. The Project
1. Introduction
Tosco Corporation has requested to close Solano Way to public through traffic.
This closure would be attained by the installation of gates and security staff at Arnold
Industrial-Highway and at Waterfront Road to allow local users to access their facilities. The
Company's proposal is to leave Solano Way in its physical existence and to maintain the
roadway in the event it becomes necessary for public through traffic to resume using Solano
Way on an emergency basis.
County of Contra Costa requested and the DEIR investigated feasible alternative
routes-in order to accommodate the public through traffic using Solano Way. These include
Waterbird Way extension and Evora Road. The project description includes a review of the
Circulation Element of the Contra Costa County General Plan for the North Concord/East
Martinez area. Specifically, the request is for four separate actions: (a) the closure of Solano
Way to public through traffic; (b) vacation of Waterfront Road from the U.S. Naval Weapons
Station property closure point on Waterfront Road to a point located on the east side of the
Pacheco Creek Bridge, vacation of. Solan Way from its intersection with Waterfront Road
southerly to a point at its intersection with Arnold Industrial Highway/Imhoff Drive; (c)
-1-
adoption bythe County of amendments to the Roadway Network Plan and the Transportation
and Circulation Element of the Contra Costa County General Plan; and (d) the adoption by the
County of specific findings required to close or vacate a County road under §8324 of the
California Streets and Highways Code and §65402 of the Planning and Zoning Code.
B. Environmental Impact Report
1. Preparation of the EIR
The County prepared an initial study to determine whether an environmental
impact report or a negative declaration shall be prepared for the project. The initial study
indicated that the project could have significant adverse environmental impacts, and the County
accordingly determined that the environmental impact report was necessary. A Notice of
Preparation of the Draft Environmental Impact Report was prepared and circulated to various
responsible agencies, State agencies and Federal agencies, and to any person who had filed a
written request for notices with Contra Costa County.
The Draft Environmental Impact Report was prepared by the County pursuant
to the initial study and notice of preparation. The Draft Environmental Impact Report was
published for public review and comments by March 24, 1995, and was filed with the State
Office of Planning and Research. After the DEIR was issued, a public review period for more
than 45 days ensued where all local agencies and affected communities were invited to
comment on the DEIR. A public hearing was also held in Martinez on April 24, 1995, to take
public comments on the adequacy of the DEIR. All comments and concerns were raised
during the public review period and at the public hearing were addressed by written responses
and the Final Environmental Impact Report that was published in June, 1995. After public
hearing, the Zoning Administrator for the County, after reviewing all available testimony and
evidence in the record, recommended that the Board certify the Final EIR, together with
comments on the DEIR and the County's responses thereto (collectively, the "FEIR") as having
been completed in accordance with the California Environmental Quality Act (CEQA).
-2-
For purposes of these findings, the EIR consists of: the initial study; the notice
of preparation; the DEIR; the FEIR, all appendices to the DEIR and FEIR and all documents
incorporated by reference in these documents.
2. Certification of the EIR
In adopting these findings, the Board certifies that the EIR has been completed
in compliance with CEQA and that it was presented to this Board, which reviewed and
considered the information in the EIR prior to approving the project. By these findings, this
Board ratifies and adopts the findings and conclusions of the FEIR as set forth in these findings
except for such conclusions that are specifically modified by these findings. The EIR and these
findings represent the independent judgment of this Board.
3. Scope of these Findings
The CEQA guidelines, §15091 of the Public Resources Code, requires that a
project significant in environmental impacts identified in an EIR be addressed by one of three
findings as set forth at §15091(a) to insure that all significant project impacts identified, and
the necessary findings made, these findings list the significant impacts and mitigation measures
identified in the EIR and set forth the corresponding required findings.
4. Findings Regarding Mitigation Measures
This Board hereby makes the following general findings regarding mitigation
measures:
a. Mitigations Adopted
Except as otherwise specified, the mitigation measures adopted in
these findings are those recommended in the DEIR, subject to (1) any modifications, deletions
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or additions in the FEIR; and (2) any clarifications or additions in the mitigation and
monitoring program. It is the intention of this Board to adopt in full all the mitigation
measures as set forth herein, as clarified and supplemented in the mitigation monitoring
program.
All the portions of the FEIR which modify, adopt or reject
mitigation measures are hereby incorporated by reference.
b. Effect of Mitigations
Except as otherwise stated in these findings, this Board finds that
the significant environmental impacts of the project will be mitigated to a less than significant
level by the adopted mitigation measures. Except as otherwise stated in these findings, this
Board finds that the mitigation measures imposed will not have new significant impacts that
were not analyzed in the DEIR.
II. DESCRIPTION FOR THE RECORD
For purposes of CEQA and these findings, the record before the Board includes,
without limitations, the following:
I. The General Plan Amendments;
2. All applications for approval relating to the project submitted by Tosco
to the County or other public entities;
3. The Draft EIR for the project, including appendices, and the Final EIR;
4. All County staff reports on the project and the EIR:
-4-
5. All studies conducted for the project and EIR contained or referenced in
the General Plan Amendment and EIR, including appendices;
6. All public reports and documents prepared for the Board, the Planning
Commission and the Zoning Administrator;
7. All documentary and oral evidence received and reviewed at public
hearings relating to the project and the EIR before the County Zoning Administrator, the
Planning Commission, and this Board;
8. For documentary and informational purposes, the Contra Costa County
General Plan and amendments thereto, including appendices;
9. All matters of common knowledge to this Board, including, but not
limited to (i) the County Zoning and other ordinances; (ii) the County's fiscal status; (iii)
County policies and regulations; (iv) reports, projections and correspondence related to
development within and surrounding the County; (v) state laws and regulations and
publications, including all reports and guidelines published by the California Office of Housing
and Community Development and by the California Office of Planning and Research;
10. All written materials submitted to the County by Tosco in support of the
EIR for the closure of the Solano Way project.
III. CEQA FINDINGS REGARDING POTENTIALLY SIGNIFICANT IMPACT
The Draft EIR indicated a large range of significant environmental impacts that
would be caused by the construction of Waterbird Way as an alternative route to Solano Way.
Since the Board decision is to remove the unbuilt portion of Waterbird Way from the adopted
General Plan and not to require the construction of this roadway, the potential significant
environmental impacts of this roadway will not occur. Consequently, the impacts as set forth
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in Chapter 4 entitled Environmental Setting, Impacts and Mitigations Measures 4.1 Land Use,
4.2 Consistency with Plans and Policies, 4.3 Geology, Soils and Seismicity, 4.4 Hydrology and
Water Quality, 4.5 Biological Resources, 4.6 Public Health and Safety, 4.7 Visual Resources,
4.8 Cultural Resources, 4.9 Transportation, 4.10 Air Quality, 4.11 Noise, discussed below will
not occur.
A. Land Use
The proposed project has no significant land use impacts as set forth in the
Summary of Impacts and Mitigation Measures Table 2-1, Land Use Impact 4.1-1 through 4.1-
13, Chapter 2, pp. 2-2, 2-3, 2-4.
B. Conformance with Plans and Policies
The proposed project has no significant environmental impacts due to
conformance with plans and policy impacts as set forth Summary of Impacts and Mitigation
Measures, pp. 2-5 and 2-6 and Table 2-1, Impacts 4.2-1, 4.2-2, 4.24 through 4.2-6, with the
exception,of the following Impact 4.2-3: Approval of a series of General Plan Amendments
to vacate public use of Solano Way and delete associated collector roadways may conflict with
the existing Contra Costa County and City of Concord General Plan policies related to
bikeways, hiking and riding trails and other open space, resources and recreation facilities. The
closure of Solano Way to public use and deletion of plan collector roads would restrict public
access to open space resources along the Suisun Bay shoreline via bikeways and hiking and
riding trails that are planned through the study area.
a. Description
The DEIR discusses the above Transportation and Circulation Element
and Open Space Element at pp. 4.2-15 through 4.2-17.
-6-
b. Mitigation Measures
The following mitigation measures are hereby adopted and will be
implemented as provided by the mitigation monitoring program.
To mitigate the potential loss of trail connection linking Concord area
with the Suisun Bay shoreline, Tosco has arranged to make a contribution financially to the
construction of the plan multi-use trail along Walnut Creek Flood Control Channel from
Waterfront Road to Imhoff Drive. Tosco has volunteered a$1,000,000.00 contribution to build
this trail to the East Bay Regional Park District. While not a County requirement, this will
partially offset the impact of this issue.
C. Significant Unavoidable Impact
There is no feasible mitigation for the loss of the proposed east-west
hiking and riding trail connecting Solano Way and the Walnut Creek Channel with the Contra
Costa County Canal trails. Since it is anticipated that the east-west collector road plan north
of Mallard Reservoir will be deleted from the General Plan, the adjacent trails would probably
never be built. This is a significant unavoidable impact.
d. Findings
Based on the EIR and the entire record before this Board, this Board finds that:
i. Mitigation Infeasible
There is no feasible mitigation for the loss of the proposed east-west
hiking and riding trail connecting Solano Way and the Walnut Creek Channel with the Contra
Costa County Canal trails. With the east-west collector road plan north of Mallard Reservoir
being deleted from the General Plan, the adjacent trails will probably never be built. This is
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a significant unavoidable impact. Tosco has volunteered a $1,000,000.00 contribution to build
this trail to the East Bay Regional Park District. While not a County requirement, this will
partially offset the impact of this issue.
ii. Overriding Considerations
Environmental, economic, social and other benefits of the project override
those significant adverse impacts as more fully stated in the statement of overriding
considerations.
C. Geology
The proposed project has no significant geological impacts as set forth in the
Summary of Impacts and Mitigation Measures, Table 2-1, Impacts 4.4-1 through 4.403, pp. 2-
6, 2-7 and 2-8.-
D. Hydrology and Water Quality
The proposed project has no significant hydrology and water quality impacts as
set forth in the Summary of Impacts and Mitigation Measures, Table 2-1, Impacts 4.4-1
through 4.4-3, pp. 2-8 and 2-9.
E. Biolggical Resources
The proposed project has no significant biological impacts as set forth in the
Summary of Impacts and Mitigation Measures, Table 2-1, Impacts 4.5-1 through 4.5-15, pp.
2-10, 2-11, 2-12, 2-13, 2-14.
-8-
F. Public Health and Safety
The proposed project has no significant public health and safety impacts as set
forth in the Summary of Impacts and Mitigation Measures, Table 2-1, Impacts 4.6-1 through
4.6-4, pp. 2-15 and 2-16.
G. Visual Resources
The proposed project has no significant visual resource impacts as set forth in
the Summary of Impacts and Mitigation Measures, Table 2-1, Impacts 4.7-1 through 4.7-3, p.
2-16.
H. Cultural Resources
The proposed project has no significant cultural resource impacts as set forth in
the Summary of Impacts and Mitigation Measures, Table 2-1, Impact 4.8-1. pp. 2-16 and 2-17.
I. Transportation
The proposed project has no significant transportation impacts as set forth in the
Summary of Impacts and Mitigation Measures, Table 2-1, Impacts 4.9-1 through 4.9-25, pp.
2-17 through 2-21.
J. Air Quality
The proposed project has no significant air quality impacts as set forth in the
Summary of Impacts and Mitigation Measures, Table 2-1, Impacts 4.10-1 through 4.10-5, pp.
2-21 and 2-22.
-9-
K. Noise
The proposed project has no significant noise impacts as set forth in the
Summary of Impacts and Mitigation Measures, Table 2-1, Impacts 4.11-1 through 4.11-3, pp.
2-22 and 2-23.
L. Miscellaneous CEQA Topic
1. Significant Unavoidable Environmental Effects
The project's significant environmental impact has been identified above and is
also discussed in the statement of overriding considerations.
2. Growth Inducing Impacts
No growth inducing impacts have been identified under the proposed project,
being the closure of Solano Way.
IV. FINDINGS REGARDING PROJECT ALTERNATIVES
CEQA and CEQA guidelines require an EIR to "describe a range of reasonable
alternatives to the project, or to a location of the project, which could feasibly attain the basic
objective of the project... CEQA Guidelines 15126(d). The EIR evaluates and compares
alternatives to the project. The Board's findings regarding these alternatives to the proposed
project are as follows: The proposed project is the environmentally superior alternative
because it would close Solano Way to public through traffic thereby reducing public health
risk, due to risks of the refinery operation on members of the motoring public. The
transportation analysis concluded that Solano Way is presently used primarily as a route to and
from the Avon Refinery. Therefore, under these conditions, closure of Solano Way would not
have any adverse affect on traffic volumes or levels of service in the study area." EIR, pp. 5-1
-10-
and 5-2.
V. STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to the CEQA Guidelines §15093, this Board adopts and makes the
following statement of overriding considerations regarding the remaining unavoidable impacts
of the project, as discussed above, and the anticipated economics, social and other benefits of
the project:
A. Findings and Statements
a. Overriding Considerations
The remaining unavoidable impact of the project (described above) is
acceptable in light of the environmental, social, economic and other considerations set forth
herein because the benefits of the project outweigh any significant and adverse environmental
impacts of the project.
b. Project AIternatives
The project alternatives set forth in the EIR are infeasible in part because
such alternatives would prohibit the attainment of civic, social, economic and other benefits
of the project which this Board finds outweigh any environmental advantages of the project
alternatives and, further, the proposed project is the environmentally superior alternative.
C. Description of Overriding Considerations
This Board finds the following social, economic and other considerations
warrant approval of the project notwithstanding the unmitigated impact of the project. This
Board finds that each of the overriding considerations as set forth below constitutes a separate
-I1-
independent ground for finding that the benefits of the project outweigh its significant adverse
environmental impacts and is an overriding consideration warranting approval of the project.
These matters are supported by evidence in the record. They include, but are not limited to,
documents previously referenced herein. The unavoidable adverse impacts which result from
the proposed project is a loss of Solano Way as a bicycle route and the loss of planned (but
not constructed) east-west hiking and riding trails north of Mallard Reservoir.
1. The proposed project is in the public interest and has an overriding public
health and safety consideration in eliminating public through traffic from the use on Solano
Way as has been documented in the record, including recommendation from the Contra Costa
County Health Services Department, and
2. Solano Way and Waterfront Road are unnecessary for present or
prospective public use.
002100Q6
11/24/95
-12-
MITIGATION MONITORING PROGRAM
The mitigations set forth herein as well as in the Memorandum of Understanding
require a Mitigation Monitoring Program for those conditions to be attained for the closure of
Solano Way and vacation of the public right-of-way. The Mitigation Monitoring Program will
occur for a period of one year following the approval of the project and will be monitored by
the Public Works Department in consultation with the Community Development Department.
A copy of the Memorandum of Understanding is attached hereto and incorporated by reference
for purposes of identifying the areas of mitigation to be monitored.
00210007
11/24/95
MEMORANDUM OF UNDERSTANDING
November 13, 1995
RE: SOLANO WAY CLOSURE
1. Non-Monetary Items
CONDITIONS OF APPROVAL:
a. Waterfront Road Gate Relocation
The northern closure point will be relocated from Solano Way to Waterfront
Road to provide better control of the lands to the east of Solano Way. The final
closure point and improvements are to be worked out with Public Works
Engineers.
b. Protect Utility Easements
The County will maintain subsurface road rights. Sewer, water and utility uses
of the right-of-way will have their facilities protected by the agreement; utility
staffs will have access rights along the road right-of-way for maintenance of
their facilities.
C. Option on Road Reopening
If the refinery closes down, the'County will have the option of reopening the
road (since the safety concern will no longer be at issue). This will be triggered
-1-
if all refinery operations are closed for one year or longer.
d. BFI Solid Waste Transfer and Recovery Station (STAR) and Garbage
Trucks
In times of emergency or temporary road closures (e.g., last year's flooding),
garbage trucks and transfer trucks operated by BFI will be allowed access along
Solano Way.
e. Flood Control Dredge Management Plan
Tosco and Contra Costa County Flood Control District have located an
approximate 40 acre site on Tosco lands, which has been previously identified
to be used by the agency for a dredge management site to remove dredging
materials from the Walnut Creek Channel for dewatering and transfer. Tosco
has agreed to provide a written license agreement for an approximate ten-year
period for the District's use of the ±40 acre site. The terms of the license
agreement will be worked on over the next year.
L Long Term Access Agreement
Solano Way and Waterfront Road will physically remain and will be available
for use by the public during emergencies, including transfer and garbage trucks,
and for access to the Point Edith Marsh in accordance with a written Access
Agreement to be approved by the Emergency Services Director.
g. Staging Area Improvement to Point Edith Marsh
Tosco will provide a staging area to be approved by Public Works adjacent to
the Point Edith Marsh area.
-2-
h. Closure Point Access
Tosco agrees to maintain from the end of the County maintained right-of-way
located at the eastern end of Pacheco Bridge and the Northern end of the
intersection of Solano Way with Arnold Industrial Hwy/Imhoff Drive to the
turnarounds as long as the closure agreement exists.
i. Maintenance of Road Closure Facilities
On an annual or as needed basis, the County of Contra Costa Public Works
Department is entitled to inspect the closure points as described in paragraph h.
above and provide a scope of maintenance work for the facilities.
2. Monetary Issue
a. Road Closure Mitigation Fund
Tosco and the County of Contra Costa have agreed that Tosco will contribute
$5,000,000.00 toward mitigation for the approved closure of Solano Way. An
initial $500,000.00 will be provided to the fund within forty-five (45) days of
acceptance of the road closure by the Board of Supervisors. The initial payment
will trigger the transfer of road deeds and other implementation documents. On
the anniversary date of the initial payment and each anniversary date thereafter,
the sum of$500,000.00 per year for the remaining nine (9) years for payments
totaling $5,000,000.00.
3. Community Contributions
Tosco has agreed to make the following voluntary community contributions:
-3-
a. Replacement Trail
The Walnut Creek Channel trail and bicycle route will be developed in
cooperation with the East Bay Regional Park District. Tosco has agreed to
contribute $1,000,000.00 per the following approved payment plan by the East
Bay Regional Park District: January 1, 1999, Tosco will contribute
$400,000.00; and on the anniversary date thereafter, $100,000.00 per year over
the following six (6) years for a total of $1,000,000.00. All contributions will
be paid to the East Bay Regional Parks Foundation, a Non-Profit 501C(3)
Organization.
b. Pacheco Town Center
Tosco .will contribute the sum of $100,000.00 toward construction of the
Pacheco Town Center to be paid within ninety (90). days of the closure of
Solano Way.
C. Vine Hill Neighborhood
Tosco will contribute a sum to be negotiated with the community of Vine Hill
for closure improvements to Arthur Road or the acquisition of the gun club
right-of-way for use of their easement on Arthur Road. Said sum will be paid
directly for the acquisition of rights or to the County Public Works Department
as a depository, depending on which option is feasible.
d. Mt. View Sanitary District
Tosco will contribute the sum of $10,000.00 to the Mt. View Sanitary District
for marshland management. The payment is to be made within ninety (90) days
of closure of Solano Way.
-4-
Y.
e. Martinez Land Trust
Tosco will contribute the sum of $5,000.00 to the Martinez Land Trust for
improvements to their marshland along Waterfront Road. The payment is to be
made within ninety (90) days of closure of Solano Way.
0021000R
11/13/95
-5-
iSII
SOLANO WAY
GENERAL PLAN AMENDMENT
Amend the General Plan text to modify existing Policy #3-118 to read, "Access to
industrial land south of the railroad tracks shall not be allowed through the Blum
Road residential neighborhood."
Adopt amendments to the County General Plan maps which would:
II
1. Modify the Circulation Elements' Roadway Network Map (Figure 5-2)
and Scenic Routes Map (Figure 5-4).
2. The Lana Use Element Plan Map (foldout map).
�I
3. The Riding Trails Plan (Figure 9-7). The Bicycle Trails Plan, (Figure 9-
5) and the Hiking Trails Plan (Figure 9-6) maps.
These ma changes are shown on Mas 1 2 and 3 (attached).
P g P ( )
II
jwc(2)1995/Solanowy.txt
'I
I
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it
V,
THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 12, 1995 by the following vote:
AYES: Supervisors Smith, Bishop,DeSaulnier, Torlakson, Rogers
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 95/605
SUBJECT: In the Matter of the Closure of Solano Way )
General Plan Amendment )
County File #10-93-CO )
The Board of Supervisors of',Contra Costa County RESOLVES THAT:
There is filed with this Board and its Clerk a copy of Resolution No. 32-1995 adopted by the
Contra Costa County Planning Commission which discusses a General Plan Amendment in the
North Concord/East Martinez Area (County File #I 0-93-CO)
On Tuesday, December 12, 1995, the Board held a public hearing on said General Plan
Amendment discussed by the,EContra Costa Planning Commission, Resolution No. 32-1995. Notice
of said hearing was duly given in the matter required by law. The Board at the hearing, called for
testimony of all persons interested in this matter.
The Board closed thePblic uHearing and ADOPTED the General Plan Amendment as recommended
by the Contra Costa County Planning Commission and declares that adoption constitutes the third
amendment of the County, General Plan for 1995. A copy of the plan maps reflecting this
amendment, on file in the office of the Clerk of the Board, shall be endorsed-approved by the Clerk.
�i
I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of
the Board of Supervisors on the date aforesaid.
I hereby certify that this is a true and correct COPY Of
an action taken and entered on the minutes of the
Board of Sum"on the a showm
w Q t
Contact: Jim Cutler (5 10 - ','646 2034) ATTESTED:
cc: Community Development Department PS ,aorHe�oR ro
of the Boa
Public Works Department b
CAO eyr : -- _ _ ,C"uty
County Counsel
JWC(2)19955 awkSOLANO.RES
RESOLUTION 95/605
I
SOI-ANO WAY
GENERAL PLAN AMENDMENT
Amend the General Plan text to modify existing Policy #3-118 to read, "Access to
industrial land south of the railroad tracks shall not be allowed through the Blum
Road residential neighborhood."
Adopt amendments to the County General Plan maps which would:.
1. Modify the Circulation Elements' Roadway Network Map (Figure 5-2)
and Scenic Routes Map (Figure 5-4).
2. The Land Use Element Plan Map (foldout map).
3. The Riding Trails Plan (Figure 9-7). The Bicycle Trails Plan, (Figure 9-
5) and the Hiking Trails Plan (Figure 9-6) maps.
These map changes are shown on Maps 1, 2, and 3 (attached).
jwc(2)1995/Solanowy.txt
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I hereby certify that this amendment to the I hereby certify that this amendment to the
Contra Costa County General Pian was Contra Costa County General Plan was
approved by the Board of Supervisors on adopted by the Board of Supervisors on
Dece r 1 5 December 12 , 1995
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
Harvey E. Brag on
Director of Community Development By: a Deputy
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I hereby certify that this amendment to the I hereby certify that this amendment to the
Contra Costa County General Plan was Contra Costa County General Plan was
approvo by the Board of Supervisors on adopted by the Board of Supervisors on
Dece a 12 9 5. December 12 , 1995
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
4VeyE. Bra don
Director of Co munity Developmen t By: d Deputy
Ap 3
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certify that this amendment to the
the i hereby County General Plan Was
endment to Contra costa ofi Supervisors on
Certi1, that this am adopted by the Bo 1995
1 hereby County General Plan was December f the Board ofi
Contra Costath Board of Supervisors on Clerk o Administrator
approved Y Phil Batchelor, County
pece
2, 99 ' Supervisors and
o Deputy
By.
Nor eY
E, Brag munity Development
Director of Com
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CLOSURE OF SOLANO WAY AT THE AVON REFINERY AND VACATION OF SOLANO
WAY
County File#10-93-Co
Tosco Refining Company has requested to close Solano Way to public through traffic between the
interesection of Solano Way at Waterfront Road and ImhoffDrive/Arnold Industrial Highway. The
company's proposal is to leave Solano Way in its physical existence and to maintain the roadway in
the event it becomes necessary for public through traffic to resume using Solano Way on an
i-nergency basis.
Martinez Area.
BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
December 12, 1995
Contra
+ _ TO: BOARD OF SUPERVISORS ,� _
Costa
FROM: HARVEY E. BRAGDON County
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: November 13, 1995
SUBJECT: CLOSURE AND VACATION OF SOLANO WAY
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) i BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Open the public hearings; receive testimony; and close the
public hearing.
2. Concur with the recommendation of the County Zoning
Administrator that the Final EIR is adequate for considering
the projects covered by the EIR and certify the EIR as
adequate.
3. Adopt the General Plan Amendments to the Circulation, Land
Use, and Open Space (Trails) Elements of the Contra Costa
County General Plan as recommended by the Contra Costa County
Planning Commission.
4. Determine that the vacation of Solano Way and portions of
Waterfront Road are in the public interest and that the roads
are unnecessary for present or prospective public use as
required by Section #8324 of the Streets and Highway Code and
that the vacations be approved as recommended by the County
Planning Commission.
5. The Clerk of the Board is not to record the reso tion of
vacation until the Public Works Director provide it n
CONTINUED ON ATTACHMENT: YES SIGNATURE
_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA OF BO COMMITTEE
_ APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER _
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
_ UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Jim Cutler (510 646-2034) ATTESTED
cc: Community Development Department
CAO PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Public Works AND COUNTY ADMINISTRATOR
Tosco (via CDD)
BY , DEPUTY
JWC:drb
JWC1995\drb\So1ano.brd
a
Closure and Vacation of Solano Way
November 13, 1995
Page Two
notification to that office that the following conditions have been
fulfilled:
• The vacation not to occur sooner than 45 days after
approval by the Board of Supervisors unless authorized in
writing by the Public Works Director.
• Upon payment of the first $500,000 installment to the
County Trust Fund.
• Upon approval by the Public Works Director to the deeds
and transferral documents which will need to be recorded.
• Upon approval of the Public Works Department of the road
improvements necessary for the closure.
• Upon fulfillment of the issues called for in the
memorandum of understanding between Tosco and County
staff. Tosco will provide a program for compliance with
the community contributions discussed in the Memorandum
of Understanding (attached) .
6. Approve the Long Term Access Agreement between Tosco and the
County.
7. Establish a Solano Way Transportation Trust Fund. The fund
will be limited to transportation improvements in the North
Concord/East Martinez area and will be administered by the
Public Works Department. All interest generated from the
trust will belong to the trust.
S. Request the Public Works Department, in consultation with the
Community Development Department, to prepare an expenditure
plan for the use of the Solano Way Transportation Trust Fund.
Interested citizen groups should be noticed when the draft
plan will be considered for adoption by the County (see body
of this report for an initial list to be notified) .
9. Request the Community Development and Public Works Departments
to prepare a report on the use of the vacated portions of
Waterfront Road on the ultimate use of this roadway, right-of-
way and adjacent property. All stakeholders need to be
involved in this discussion.
10. Request the Public Works and Community Development Departments
to schedule Waterbird Way(South)for renaming.
11. Approve a License Agreement between the Flood Control District
and Tosco for a dredge spoil site on Tosco property.
12. Adopt the CEQA findings and mitigation monitoring program
(attached) consistent with Board actions on these subjects.
FISCAL IMPACT
The Memorandum of Understanding provides for cash contributions and
non-cash benefits to the County, EBRPD, and community groups of
approximately nine million dollars.
BACKGROUND/REASONS FOR RECOMMENBATIONS
The Tosco Refining Company has requested a General Plan Amendment
and the vacation of Solano Way and portions of Waterfront Road.
Their request is based on the fact that Solano Way bisects the
refinery and impacts on its operation and, more importantly, that
there are public safety issues which can be improved by the closure
t
_ Closure and Vacation of Solano Way
November 13, 1995
Page Three
Study of this request. The study was expanded at staff's request
to include a review of the Circulation Element for the North
Concord/East Martinez area and area trails. Their recommendations
are found in their resolution and staff reports. They will be
verbally described at the Public Hearing.
An Environmental Impact Report (EIR) was prepared on this project
and after a public hearing the County Zoning Administrator
recommended approval of the Final EIR. During the EIR processing
.time frame, Community Development and Public Works Department
staffs negotiated a Memorandum of Understanding with Tosco's staff
on a range of conditions and contributions that Tosco could make to
offset the impact of this closure request.
The County Planning Commission considered a staff report which
dealt mostly with General Plan Circulation Element issues for the
North Concord/East Martinez area and the proposed vacation of
Solano Way and portions of Waterfront Road. They unanimously
recommended the Board amend the County General Plan and approve the
vacations as suggested by staff with minor changes.
The Streets and Highways Code 18324 requires the Board, in
consideration of a vacation, needs to find that the road isn't
required for existing or prospective future need. The declining
non-Tosco use of this road coupled with the public safety issues
(described in the staff report) form the basis for making this
finding. The law further allows the County not to record the
vacation until conditions of the vacation are satisfied. Those are
described in recommendation #5.
A Long Term Access Agreement, patterned after the Navy road closure
agreement, has been worked out between the County Emergency
Services office and Tosco and would need to be exercised if the
closure is approved.
The Memorandum of Understanding negotiated by staff, includes many
concepts and contributions. one major provision is that Tosco will
provide the County with $5 million dollars in annual increments.
That money is proposed to 'be placed in a special trust fund
administered by the Public Works Department which would fund
improvements in the North Concord/East Martinez area. Principal
and interest from this fund would be allocated based on an
Expenditure Plan to be developed by County staff. Affected citizen
groups should be involved in review of the Draft Expenditure Plan.
At a minimum, notification of when the County will consider this
draft plan should be sent to the following individuals:
David Contreras P.O. Box 2757, Martinez, CA 94553
Bob Hagin 9 Benita Way, Martinez, CA 94553
Joyce Jones 45 Rutherford Lane, Pacheco, CA 94553
David Kory 419 Highland Court, Concord, CA 94520
Dorothy Sakazaki 737 Central Avenue, Martinez, CA 94553
Should the Board concur with the vacation of portions of Waterfront
Road, County staff needs to work with Tosco, the Navy, the EBRPD,
environmental and recreation activity groups to prepare a report
and plan for the use of the vacated portions of Waterfront Road and
adjacent lands including Point Edith Wildlife Management area.
This could take up to a year to accomplish.
With the proposed removal of Waterbird Way South of the existing
northern section from the General Plan, it will leave Waterbird Way
in the north and a small section of Waterbird Way (sometimes called
Waterbird Way South) adjacent to the County facilities on Blum
Road. Since these roads won't connect, the southern section should
be renamed to avoid problems of two roadway segments with the same
� r
r
Closure and Vacation of Solano Way
November 13, 1995
Page Four
name separated by over a mile from each other. Confusing names and
locations is of concern to public safety agencies. Staff should
bring a name change proposal to the Board for determination, if the
Board approves the other recommendations listed above.
Lastly, the Board should adopt CEQA findings and a mitigation
monitoring plan (attached) consistent with Board action on this
matter.
Agenda Item # 3
Community Development Contra Costa County
CONTRA COSTA COUNTY PLANNING COMMISSION
TUESDAY,OCTOBER 3, 1995 - 7-30 P_M_
I. INTRODUCTION
M MURE OF AM AND WAY AT THE AVON REFINERY (,Cminty File 1x10-Q3-Cn) AND
VACATION OF S Y, Tosco Refining Company has requested to close Solano
Way to public through traffic between the intersection of Solano Way at Waterfront
Road and Imhoff Drive/Arnold Industrial Highway. This closure would be attained by the
installation of gates and security staff at Arnold Industrial Highway and Waterfront Road
to allow local users access to their facilities. The company's proposal is to leave Solano
Way in its physical existence and to maintain the roadway in the event it becomes
necessary for public through traffic to resume using Solano Way on an emergency basis.
(CT 3200.01 and 3151).
The County of Contra Costa has requested the Applicant to investigate feasible alternate
routes in order to accommodate the public through traffic that is using Solano Way;
these include the Waterbird Way Extension and Evora Road. The project description
includes a review of the Circulation Element for the North Concord /East Martinez area.
Specifically the request was for four separate actions:
A. The Closure of Solano Way to public through traffic;
B. Relocation of the gates at the U.S. Naval Weapons Station property line on
Waterfront Road to a point closer to the intersection with Solano Way;
C. The adoption by the County of one or more amendments to the Roadway
Network Plan in the Transportation and Circulation Element of the Contra Costa
County General Plan; and
D. The adoption by the County of specific findings required to close or vacate a
County road under section 8324 of the California Streets and Highways Code
and Section 65402 of the Planning and Zoning codes.
11. OEIIA
Staff determined that the closure of Solano Way could have a significant impact on the
environment and that an environmental impact report (EIR) was needed for this project.
A Draft EIR was circulated to the public on March 24, 1995. The County Zoning
Administrator held a public hearing on the Draft EIR and on June 26, 1995, determined
the Final EIR to be adequate for County purposes and recommended to the Board of
Supervisors that they certify the FEIR.
1 ✓
P
2
The FOR also included a review of the County Circulation Element for the North
Concord/East Martinez area. The EIR also covered the potential vacation of Solana Way
and portions of Waterfront Road should the General Plan be modified to delete these
roadways.
III, COS IR D R _RIPTInN
The Tosco requested project is located in the unincorporated area of Contra Costa
County between Martinez and the tidal portion of the Concord Naval Weapons Station.
The original portion of Solano Way requested to be vacated is on Tosco property just
north of the Southern Pacific tank farm and south of Waterfront Road. Through
discussions with staff dealing with safety, the vacation and closure points have received
minor adjustments. It is presently proposed to vacate Solano Way on the south just
north of the intersection of Arnold Industrial highway with the turnaround and actual
closure point approximately 1,000 feet further north on the road.
The proposed closure point for the northern end of the project would be several hundred
feet east of the Pacheco Creek bridge with the vacation of Waterfront Road extending
from the eastern side of the Pacheco Creek bridge to the existing Navy closure point.
The proposed vacation points and closure points are shown on Figure 1.
The proposed closure to public through traffic would continue to allow Tosco
employees, vendors, contractors or other with business within the closure area to enter
the refinery. Gates would be placed just inside the closure points to control traffic into
the refinery and would be manned around the clock, every day of the year. An
emergency access plan will be entered into, as part of the proposal to allow for roadway
use in case of an emergency on the roadway system; this would be patterned after the
existing agreement with the Navy.
The schematic configuration of the road closure facilities are shown on Figures 2 and
3.
IV. PRD_IECT SETTING
The road network serving the North Concord/East Martinez area was greatly modified
in February of 1995 with the permanent closure of.Waterfront Road. For over three
decades the Navy sought closure of portions of Waterfront Road, Port Chicago highway
and Main Street which were within the Tidal Area of the Concord Naval Weapons
Station. Federal legislation clearly indicated that the County's continued ability to resist
closure was limited and in 1989 the County agreed to these closures effective in about
5 years: February 12, 1995.
These roads provided a back door for traffic from Bay Point and east County to
Martinez. With those roads closed, the nature of traffic on the remaining roads became
more localized in nature.
The Navy entered into an emergency access agreement with the County to reopen Port
Chicago Highway in case of an emergency. Navy staff has indicated that their portion
of Waterfront Road has deteriorated rapidly and is beyond their financial ability to repair.
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It will not be available for use even in an emergency. The portion of Waterfront Road
East of Solano Way is a deadend road; to the west it forms a connector to 1-680.
Solano Way is a two lane road which has historically been used as an alternative to
route to or bypass of 1-680 when the freeway was congested. Before the widening of
1-680 and the Benicia-Martinez bridge in 1992, northbound traffic sometimes backup
along Solano Way while waiting to merge onto 1-680 at the Waterfront Road/Marina
Vista interchange. Cars along Solano Way would form a long queue in the middle of
the Tosco Avon refinery complex. Since the improvements to the freeway and bridge
these movements have largely stopped.
The existing Solano Way right-of-way is about 40 feet wide. It does not meet current
construction standards with numerous curb cuts and uncontrolled pedestrian and
vehicular access. The road has narrow lanes and shoulder widths. The history of
accidents in the last few years are rearend collisions or hitting of utility poles. These
accidents create safety hazards and are disruptive to refinery operations.
One other road in the area, Waterbird Way, extends from south from Waterfront Road
and its correct terminus is at the GBF permanent transfer station. Waterbird Way south
extends north from Imhoff Drive flanking the County Corporation yard and crosses the
Central Contra Costa Sanitary District lands. There is currently an approximately 9,000
foot long gap between these two portions of Waterbird Way.
V. FXISTIN ; GFNFRAL PAN
Except for the Vine Hill and Blum Road neighborhoods which are planned for residential
uses, the East Martinez/North Concord area is planned for Industrial, Public and Semi-
Public, or Open Space uses, (See Figure 4) While this is a large area, its uses consume
substantial acreage of land in a very low intensity fashion. The trip generation potential
of this area is well below most industrial areas because of the environemental sensitivity
of the area.. With both the Acme landfill and IT hazardous waste ponds closing, Tosco
will remain the largest and most intense economic use in the area. Figure 5 shows the
existing major uses of the area.
The Roadway Network Plan in the Transportation and Circulation Element of the General
Plan currently show that Waterbird Way will connect both portions of the road into a
through collector. Additionally several collectors are proposed on Tosco lands to serve
the planned Industrial designations found on the General Plan. Figure 6 shows the
existing General Plan Circulation Element for the area.
Waterfront Road from 1-680 to its closure at the Navy land is designated as a Scenic
Route.
The Trails Plan (in the Open Space Element) shows several trails in the area (see Figure
7). Solano Way is shown as a bicycle trail. There are east-west hiking and equestrians
trails shown on the plan maps which would cross through the refinery complex.
There is one text provision in the local policy section of the land use element of the
County General Plan which relates to Waterbird Way. It reads,
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"Transportation
3-118. The County should cooperate with landowners in the
Waterbird Way corridor north and south of the ATSF
railroad tracks to develop a financial plan for the extension
of Waterbird Way south to Imhoff Drive. Access to
industrial land south of the railroad tracks shall not be
allowed though the adjacent residential neighborhood."
This Tosco proposal provides an opportunity to review all these plan concepts to see if
they continue to be appropriate.
VI, FXISTING ZONINC;
Figure 8 shows the existing zoning in the area. There are areas on Tosco lands where
the zoning does not conform to the general plan land use plan map. As a condition of
Tosco's Clean Fuel Project, Tosco was required to apply for rezoning to eliminate it's
zoning-general plan inconsistencies. That request is being held bystaff until this
amendment is considered to determine if additional inconsistencies might occur due to
this plan amendment.
There are several other zoning/general plan inconsistencies which require rezoning in the
area.
VII, SO ANCA WAY ri nql JRF 11;Rt I
Tosco has requested two separate but related actions of the County. The deletion of
Solano Way from the County General Plan and the vacation of Solano Way (and portions
of Waterfront Road) to control traffic on the facility.
A. Findings Requirements Necessary for a Vacation.
Section 118324 of the Streets and Highways Code sets for the provisions for
making a decision on a vacation. It reads,
"8324. Hearing; findings; adoption of resolution
(a) At the hearing, the legislative body shall hear the evidence
offered by persons interested.
(b) If the legislative body finds, from all the evidence submit-
ted, that the street highway, or public service easement
described in the resolution of intention or petition is
unnecessary for present or prospective public use, the
legislative body may adopt a resolution vacating the street,
highway, or public service easement. The resolution of
vacation may provide that the vacation occurs only after
conditions required by the legislative body have been
satisfied and may instruct the clerk that the resolution of
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vacation not be recorded until the conditions have been
satisfied.
(Added by Stats.1980, c. 1050, p. 3365, & 29.)"
This is the limit of legislative guidance on this issue.
Section #65402 of the Government Code also is required for consideration of the
buying or sale of government land.
This hearing will satisfy the hearing requirements under the law.
B. CEQA Issues
The Final EIR describes the potential impacts surrounding this closure. It is
interesting to note that the document identifies the Closure of Solano Way to
through traffic as the environmentally superior alternative.
Since the Solano Way Closure is not adding any new trips, it is consistent with
Measure C growth management processing requirements.
C. Safety Issues
Tosco's proposal is to close Solano Way to public trough traffic only. Both
Waterfront Road and Solano Way remain in for continued public use
in emergency situations, for transfer van and garbage truck access during
emergencies, including flooding conditions along Waterfront Road, and for public
access to the wildlife preserve located along Waterfront Road. The main purpose
for the closure of Solano Way and Waterfront is justified on the basis of public
and refinery safety.
Solano Way bisects the Avon Refinery operations and is the nearest off-site
public receptor to potential releases of acutely hazardous materials other refinery
5 risk factors, such as fires and explosions. This impact zone is shown on the
attached Figure 9 which is on file with the Contra Costa County Health Services
Department as part of Tosco's Risk Management Prevention Program Offsite
Consequences Analysis. It is Tosco's position that the closure of Solano Way
and Waterfront Road serves to increase buffer zones and reduce public exposure
from operations. In order to support this position, Tosco representatives met
with the Contra Costa County Health Services Department to review Tosco's
health risk assessment, the Risk Management Prevention Program, including the
off-site consequences analysis and emergency response. The Environmental
Impact Report traffic studies demonstrate that Solano Way is unnecessary for
present of prospective public through traffic use and that reasonable alternate
routes exist, such as 1-680 and Highway 4. It is the position of Dr. William B.
Walker, the County Health Officer, that Solano Way should be closed in order to
avoid unnecessary exposure to the public from the risk of releases. Attached is
a letter from Dr. Walker which supports the closure for public safety reasons.
Tosco has estimated that the closure of Solano Way and Waterfront Road
operates to reduce public exposure of acutely hazardous materials by over 90%.
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At the present time, as well as the projected future, Solano Way has minimal use
for public through traffic. The road condition of Solano Way and Waterfront
Road are narrow. There are poor site distances and utility poles are located in
the public right-of-way. There are adjacent pipeline facilities along the road
which makes widening extremely difficult and expensive. The Atcheson, Topeka
and Santa Fe bridge crossing's location and height creates a dangerous site
distance in both the north and south direction on Solano Way. Vehicles
constantly travel at excessive speeds. Taking into account the perils along the
roadway, most of the areas along Solano Way have little or no shoulder width.
Solano Way is frequently used by slow moving heavy equipment trucks and
cranes. Typically, all these factors would be evaluated by Public Works for
purposes of installing improvements. However, in this case, installing sufficient
traffic safety improvements would not only have a high cost but would further
encourage the bringing of the motoring and bicycling public into a zone of
unnecessary public risk. Solano Way is the only access into and out of the Avon
Refinery complex and at times in the past, Tosco has experienced Solano Way
being used as a freeway by=pass route which caused traffic to back up inside
the refinery complex during peak P.M. traffic. This traffic condition occurs at the
intersection of Solano Way and Waterfront Road which is intersected by the
main line for the Southern Pacific Railway. Without closure, this condition may
well result with the public being trapped on Solano Way, a known public
receptor area during a refinery upset.
In addition, Solano Way is currently designated for use as bike route and trail.
Although designated as such in the Contra Costa County General Plan, it should
be considered dangerous to the bicycling public. The refinery operates 7 days
a week, 245 hours a day, 365 days a year, and as such, there is constant heavy
truck traffic using Solano Way, which presents a serious danger to the bicycling
public. As part of this project, Tosco is promoting the relocation of the bicycling
route with the aid of the East Bay Regional Park District to the Ironhorse Trail
Extension. Tosco has presently funded $75,000.00 to facilitate the development
of engineering plans for the Ironhorse Trail Extension. It is County's understand-
ing that the East Bay Regional Park District considers the existing Solano Way
to be inadequate as a bicycle route.
In conclusion, there are minimal through trips along Solano Way during peak
P.M. driving periods. The Environmental Impact Report substantiates that the
closure of Solano Way would not have any adverse effects on traffic volumes
or level of service in the neighboring areas (EIR 1995, p.4.9-1). As a result, it
is reasonable to find that Solano Way is unnecessary for present or prospective
public through traffic use. This fact was demonstrated during the nine month
closure of Solano Way by the Contra Costa County Public Works Department as
a result of the reconstruction of the Pacheco Creek Bridge.
In addition, the closure of Solano Way has overriding public interest in that it
promotes health and safety by protecting the motoring and bicycling public and
Tosco employees from the present conditions of Solano Way and to the
exposures from refinery operations. In upset conditions, both the public and
Tosco employees are subject to unnecessary higher risk situations because of the
4
7
public use of Solano Way which can impede evacuations and emergency
response when traffic is stopped on and along the road.
Since Solano Way is shown to be the nearest public receptor during upset
conditions in the refinery complex, the elimination of this condition operates as
a substantial risk reduction to the County of Contra Costa and Tosco. In the
past, these conditions have occurred for instances when motor vehicles have
struck utility poles which result in power and communication outages in the
refinery complex. The substantial safety reduction to the Avon Refinery complex
and to the using public looks to be unique to this refinery complex since Tosco
maintains a significant buffer zone around the complex. More specifically, the
Off-Site Consequences Analysis demonstrates that Solano Way is the only public
receptor. Therefore, the closure of Solano Way would improve public safety by
increasing the buffer zone around the Avon Refinery complex.
D. Road Usage
In the past, Solano Way has been observed to carry significant volumes of
through-traffic, most recently when construction on the 1-680 freeway was
causing delays to north-south traffic and some vehicles would use SR 4, Solano
Way, and Waterfront Road as an alternative route to the Benicia Bridge. The
amount of through traffic appears to have diminished, however, since completion
of the 1-680 widening project in 1992. Traffic counts taken in 1990 (Abrams,
1992) showed about 8,200 daily vehicles on Solano Way north of Imhoff Drive.
Counts taken in 1993, after completion of the 1-680 project, showed a decline
to only 4,400 daily vehicles (Abrams, 1994b). A full discussion of the
transportation impacts of this road closure are found in Section 4.9 of the DEIR.
Recent counts further indicate that there are currently few through-trips using
Solano Way. Waterfront Road was closed to through traffic during 1993 and
1994 while its bridge over Pacheco Creek was being reconstructed. According
to traffic counts conducted before and during the bridge closure (Abrams,
1994b), there was a shift of traffic from the north end of Solano Way to the
south end as Tosco traffic was forced to divert to the south, but there was no
overall decrease of traffic as would have been the case if significant through
traffic were using Solano Way prior to bridge closure. Furthermore, counts taken
for this EIR after reopening of the bridge did not show any overall increase in
traffic on Solano Way upon opening of the route to through traffic.
From this limited data, it is concluded that Solano Way is presently used
primarily as a route to and from Tosco Avon Refinery. Therefore, under present
conditions, closure of Solano Way would not have any significant effects on
traffic volumes or levels of service in the study area. If, however, a severe
emergency was to happen on 1-680, Solano Way would be needed as a bypass
Road.
E. Trail Usage
Solano Way is shown as a bicycle trail on the existing County General Plan
though it has exceptionally low usage for that purpose. There are safety issues
r
8
on the use of this roadway for trail purposes; these are discussed in the safety
discussion above.
F. Replacement Routes
The DEIR examined the possibility of developing replacement routes for Solano
Way. As discussed later in this report the completion of Waterbird Way would
be difficult to build. Evora Road Extension is an east-west road and won't solve
a north-south issue. A new roadway along the Walnut Creek Channel was not
deemed feasible due to the presence of special status species.
It would be possible, but expensive, to upgrade Solano Way. The upgrading of
the road wouldn't solve the public safety issues caused by public travel through
the heart of a refinery complex.
G. Staff Conclusion in Favor of Closure
Both Community Development and Public Works Department's staff met over a
period of months and finally concluded, mostly for public health and safety
reasons that the closure of this road for public through traffic was the best
recommendation given the facts presented to date.
It was decided that a negotiation team of the two departments be established
to meet with Tosco to attempt to negotiate an agreement on how to offset the
loss of this road. Those negotiations have lead to a memorandum of agreement
between Tosco and County staff on a mitigation package.
H. Memorandum of Agreement
The following issues form the basis of the County staff's understanding with
Tosco. This conceptual listing will be filled out with specific actions and more
detailed agreements when the Board of Supervisors hearing is to be held on this
matter. (For example, the emergency access plan will be considered by the
Board after approval by the Emergency Services Office).
1. Nnn-Mnnetary Items
The following items are conditions of approval for the vacation.
a. Waterfront Road Gate Relocation
The northern closure point will be relocated from Solano Way to
Waterfront Road to provide better control of the lands to the east
of Solano Way. The final closure point and improvements are to
be worked out with Public Works Engineers.
b. Protect Utility Easements
The County will maintain subsurface road rights. Sewer, water
and utility uses of the right-of-way will have their facilities
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9
protected by the agreement; utility staffs will have access rights
along the road right-of-way for maintenance of their facilities.
C. Option on Road Reopening
If the refinery closes down, the County will have the option of
reopening the road (since the safety concern will no longer be at
issue). This will be triggered if all refinery operations are volun-
tarily closed for one year or longer.
d. GBF Transfer Station Trucks
In times of emergency or temporary road closures; e.g., last year's
flooding, garbage trucks and transfer trucks operated by GBF will
be allowed access along Solano Way. Improvements planned by
CALTRANS.
e. Flood Control Dredge Management Plan
Tosco and Contra Costa County Flood Control District have
located an approximate 40 acre site on Tosco lands, as identified
and marked on the attached aerial photograph, which may be
used by the agency for a dredge management plan to remove
dredging materials from the Walnut Creek Channel for dewatering
and transfer. Tosco has agreed to provide a written license
agreement for a ten-year period from January 1, 1996.
f. Emergency Access Agreement
Solano Way and Waterfront Road will physically remain and will
remain for use by the public during emergencies for access to Pint
Edith Marsh and for transfer and garbage trucks in accordance
with a written Access Agreement to be approved by the Emer-
gency Services Director.
g. Staging Area Improvement to Point Edith Marsh
Tosco will provide a staging area to be approved by Public Works
adjacent to the Point Edith Marsh area.
h. Closure Point Access
Tosco agrees to maintain from the end of the County maintained
right-of-way located at the eastern end of Pacheco Bridge and the
Northern end of the intersection of Solano Way with Arnold
Industrial Hwy/Imhoff Drive to the turnarounds as long as the
closure agreement exists.
10
i. Maintenance of Road Closure Facilities
On an annual or as needed basis, the County of Contra Costa
Public Works Department is entitled to inspect the closure points
as described in paragraph h. above and provide a scope of
maintenance work for the facilities.
2. Mnnetary Issues
The following item is a condition of approval for the vacation.
a. Road Closure Mitigation Fund
Tosco and the County of Contra Costa have agreed that Tosco
will contribute $5,000,000.00 toward mitigation for the approved
closure of Solano Way. An initial $500,00.00 will be provided to
the fund within forty-five (45) days of acceptance of the road
closure by the Board of Supervisors. The initial payment will
trigger the transfer of road deeds and other implementation
documents. On the anniversary date of the initial payment and
each anniversary date thereafter, the sum of $500,000.00 per
year for the remaining nine (9) years for payments totaling
$5,000,000.00.
3. Cnmmunity Gnntrihutinns
Tosco has agreed to make the following voluntary community contribu-
tions.
a. Replacement Trail
The Walnut Creek Channel trail and bicycle route will be devel-
oped in cooperation with the East Bay Regional Park District.
Tosco has agreed to pay $1,000,000.00 for the following
approved payment plan by the East Bay Regional Park District:
January 1, 1999, Tosco will contribute $400,000.00; and on, the
anniversary date thereafter, $100,000.00 per year over the
following six (6) years for a total of $1;000,000.00.
b. Pacheco Town Center
Tosco will contribute the sum of $100,000.00 toward construc-
tion of the Pacheco Town Center to be paid within ninety (90)
days of the closure of Solano Way.
C. Vine Hill Neighborhood
Tosco will contribute a sum to be negotiated with the community
of Vine Hill for closure improvements to Arthur Road or the
acquisition of the gun club right-of-way for use of their easement
{
11
on Arthur Road. Said sum will be paid directly for the acquisition
of rights or to the County Public Works Department as a deposi-
tory, depending on which option is feasible.
d. Mountain View Sanitary District
Tosco will contribute the sum of $10,000.00 to the Mountain
View Sanitary District for marshland management. The payment
shall be made within ninety (90 days of closure of Solano Way.
e. Martinez Land Trust
Tosco will contribute the sum of $5,000.00 to the Martinez Land
Trust for improvements to their marshland along Waterfront Road.
The payment is to be made within ninety (90) days of closure of
Solano Way.
I. Vacation of Solano Way (and Portions of Waterfront Road)
Staff recommends the vacation of Solano Way and portions of Waterfront Road
subject to the Memorandum of Agreement Conditions.
The effective date of the vacation will be when all the following conditions
occur:
• No sooner than 45 days after approval by the Board of Supervisors.
• Upon payment of the first $500,000.00 installment to the County trust
fund called for in the MOA.
• Upon approval by the Public Works Director of the transfer of deeds and
roadway improvements necessary to accomplish the closure. It is
anticipated that all transfer of papers and improvement will be
accomplished within 45 days after Board of Supervisors approval.
• Upon fulfillment of Memorandum of Agreement items 1 & 2 above and
by concurrence with the voluntary contributions already agreed to by
Tosco.
VIII. nTH R PQRq1R1 F MRCULATinN ELEMENT CNANrFR
As was indicated in the project description and in the DEIR, staff viewed the Tosco
request as an opportunity to review the entire planned road network in the North
Concord/East Martinez area. The following are the conclusions we have arrived at
which go beyond the Solano Way Closure issue itself.
A. Waterfront Road
As previously discussed, the portion of Waterfront Road which crosses the Tidal
Area of the Concord Naval Weapons Station has already been deleted from the
a
12
General Plan, vacated and closed to traffic. The remaining portion of Waterfront
Road is still shown on the General Plan as an arterial, including the deadend
portion from Solano Way East to the Navy lands. This road clearly isn't
functioning as an arterial now, nor will it ever.
It is recommended that Waterfront Road from 1-680 to the closure point should
be redesignated from an arterial to a collector road; this is more in keeping with
its current function. From the vacation point East to the Navy property, it should
be deleted from the Circulation Element. The deleted area should also be
removed from the Scenic Route Map for consistency and the text policy 3-118
discussed above should be deleted from the General Plan.
B. East-West Collector on Tosco Lands
This paper street was on the General Plan to service the planned industrial lands
owned by Tosco. However, substantial acreage North of Mallard Reservoir has
been identified as wetlands and it would be difficult to build such a roadway, but
more importantly it would be difficult to have the roadway get permitted by
regulatory agencies. This paper street should be deleted entirely from the General
Plan.
C. Bates Avenue Collector Roads
The County General Plan shows both a north-south new collector road and an
East-west collector connection with Bates Avenue. Both serve the Planned
Industrial lands shown on the General Plan. It is reasonable to assume, though
Tosco owned, that they will be developed independently of the refinery and that
these roads will be needed to serve this area when it develops.
D. Port Chicago Highway
The northern portion of this roadway was closed to through traffic in 1995 and
was deleted from the general plan in 1989. Port Chicago Highway had an
arterial function when it connected to the Bay Point community and East County.
Since closure the remaining portion of this road performs the function of a
collector to the community of Clyde and the Bates Avenue industrial/commercial
area. The General Plan Circulation Element should be modified to reflect this
change in function. Port Chicago Highway should be redesignated a collector.
E. Waterbird Way
Waterbird Way has been shown on the County General Plan as a collector for
over three decades. It's purpose was to serve the large planned industrial area
that was to develop in East Martinez. It was to have run from Imhoff Drive north
to Waterfront Road. Staff insisted that this roadway be examined seriously as
a replacement road to Solano Way should that roadway be vacated. The Draft
EIR spent substantial space to the potential of building this road.
13
Completion of this roadway would require bridging both Pacheco Creek and the
AT & SF Railroad. There are significant biological and wetland resources which
could cause permitting problems to the construction of this road as a through
collector.
Several alignments of this road were considered in the DEIR. The western
alternatives would come close to the existing Vine Hill and Blum Road homes and
would cause noise impacts in the area.
Of additional concern was that the Central Contra Costa Sanitary District owns
most of the lands in the southern portion of the alignment. Some of these lands
were purchased to buffer the sewer facilities from urban encroachment. That
District is opposed to a completion of the Waterbird Way Extension.
A combination of these and other factors leads staff to believe that the
appropriate course of action would be to remove Waterbird Way as a through
road on the General Plan.
Waterbird Way should be shown as a collector to its existing terminus at Arthur
Road. Access to properties in the area would be by local streets or private
driveways that are not required to be shown on the general plan.
F. Evora Road
Evora Road was also considered in the DEIR as an alternate to Solano Way.
Realistically, however, it's east-west orientation won't solve the north-south
issues of closure of Solano Way. Staff continues to support construction of the
Evora Road Extension to finish the frontage road system in the area; it prefers
the southern alignment along the State Route 4, rather than the alignment
currently shown in the County General Plan due to the impacts on the Clyde
community.
A separate EIR and plan review process is preferred by staff to deal with this
issue. No change to the General Plan map is urged at this time.
IX. QTH R PORRIRI F rFNFRAL PLAN CHANnS,
A. Land Use Element
The DEIR pointed out that wetlands occur on the Tosco property which would
preclude the construction of an east-west collector north of Mallard Reservoir
(and discussed in Vlll B above).
The draft EIR shows the location of these confirmed wetlands on Tosco property
(see Figure 6). The Land Use Element of the County General Plan should be
changed to show these wetlands as Open Space. While staff believes the extent
of wetlands is larger than shown on the map (in addition to what is already
shown as Open Space in the County General Plan), this is all the area currently
documented and therefore appropriate for redesignation at this time.
14
B. Open Space Element (Trails Section)
The County's riding, hiking and bicycle planned trail networks is shown on Figure
7, for Tosco property. Solano Way is proposed as a bicycle trail. Whether or
not Solano Way is closed, it is not a desirable bicycle route. It should be deleted
from the General Plan.
A riding and hiking trail is also shown on the plan maps from Walnut Creek to
the Contra Costa Canal. They would need to go through the refinery complex
itself and were to parallel the East-west collector. Industrial use and the marsh
will make it difficult to implement these trail proposals. Trail efforts would better
be spent on building the trail along EBMUD's aqueduct right-of-way which is also
on the trail plans.
Both the riding and hiking trail shown going east to west should be deleted from
the appropriate general plan maps. All trails should be shown on the west side
of the Walnut Creek channel.
X. WATERFRONT ROAD VACATION ISSLIFS
As previously discussed, staff is urging the vacation of a portion of Waterfront Road on
the east side of the Walnut Creek Channel Bridge as the logical location if Solano Way
itself is to be vacated. There are lands further east of Tosco's refinery operation which
will also be effected by the road closure further to the east.
Tosco has agreed to maintain the lands along Solano Way and Waterfront Road which
access their refinery. The lands between the Navy closure point and the Tosco Refinery,
as shown on Figure 1, are also proposed by staff for vacation as public roadways.
As previously indicated Tosco has agreed to allow access to the Point Edith Wetland for
recreation or nature observation purposes. Tosco will issue special permits for access
to Point Edith and construct a small staging area for parking.
Issues revolving around the long term use of this roadway segment, in terms of
continued maintenance, or conversion to trail use need to be negotiated with State and
Federal agencies.
The Public Works and Community Development Departments need to work over the next
year with stakeholders to resolve these complex issues. This additional work is
proposed as an additional recommendation the Commission could make to the Board of
Supervisors.
XI. WATFRRIRD WAY ROAD NAME
If Waterbird Way is deleted from the County General Plan south of its current terminus.
with Arthur Road, then the County should explore if the southern portion of the road
which is often called Waterbird Way South should have its name changed to avoid
confusion for public safety agencies and the public. This should be considered when
the Board holds hearings on the road closure, if possible.
S -
15
XII. RPrOMMMOATIONS
1. Recommend approve to the Board of Supervisor of the General Plan amendments
to the Circulation, Land Use and Trails Sections of the County General Plan as
shown on the attached maps and as discussed in this report..
2. Recommend approval of the Vacation of Solano Way and portions of Waterfront
Road as shown on the attached map and subject to the conditions listed on
Table 1.
3. Recommend that Public Works and Community Development Department prepare
a report on the use of Waterfront Road between Tosco Refinery operations and
the Navy closure point on the ultimate use of this roadway, right-of-way and
adjacent property. All stakeholders need to be involved in this discussion.
4. Request staff to review the Waterbird Road street names issue so that it can be
considered by the Board when it considers the General Plan issue, if possible .
JWC:drb
JWC1995\drb\Solano.stf
c:diandoc\Solano.stf
8-8-95
9-8-95
9-12-95
SOLANO WAY
GENERAL PLAN AMENDMENT
Amend the General Plan text to delete Policy 43-118 which discusses the financing of the
uncompleted portions of Waterbird Way.
Adopt amendments to the County General Plan maps which would:
1. Modify the Circulation Elements' Roadway Network Map (Figure 5-2)and Scenic
Routes Map (Figure 54).
2. The Land Use EIement Plan Map (foldout map).
3. The Riding Trails Plan (Figure 9-7). The Bicycle Trails Plan, (Figure 9-5) and the
Hiking Trails Plan (Figure 9-6) maps.
These map changes are shown on Maps 1, 2, and 3 (attached).
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Contra Costa County
Health Services Department
•`Y �„ William B. Walker, M.D.
Medical Director and
°sri d J County Health Officer
July 21, 1995
Jim Cutler
Community Development
651 Pine St., No. Wing
Martinez, CA 94553
RE: SOLANO WAY PROJECT
Bear Mr. Cutler:
I've been asked by representatives of Tosco Refining Company to convey my opinion to you and
the County Planning Commission regarding the proposed closure of Solano Way. Tosco
representatives met with the County Health Services Department personnel on June 28 to explain
the Solano Way Project, answer questions regarding the final EIR, Tosco's Health Risk
Assessment, the Risk Management and Prevention Program, including the : : *,te consequences
analysis and emergency response. Our Hazardous Materials Emergency Response Team is
satisfied that they will have adequate access to Solano Way for emergency response purposes.
We developed policies for access to the guarded gate.
Solano Way, which bisects the Avon Refinery's processing operations, is the nearest offsite
public receptor to potential releases of acutely hazardous materials. Traffic studies show that
Solano Way is unnecessary for present or prospective public through-traffic use in that
reasonable alternate routes exist.
It is, therefore, my opinion that the closure of Solano Way will serve to avoid unnecessary
exposure of the public to potential releases of acutely hazardous materials.
I would be happy to provide further comment if requested.
Sincerely,
William B. Walker, M.D.
Health Officer
WBW:cbc
A-428 0/91) 20 Allen Street•Martinez,CA 94553•(510)370-5010 Offices(510)370.5098 FAX
EXHIBIT "C"
MEMORANDUM OF AGREEMENT
1. Non-Monetary Items
The following items are conditions of approval for the vacation.
a. Waterfront Road Gate Relocation
The northern closure point will be relocated from Solano Way to Waterfront
Road to provide better control of the lands to the east of Solano Way. The
final closure point and improvements are to be worked out with Public Works
Engineers.
b. Protect Utility Easements
The County will maintain subsurface road rights. Sewer,water and utility uses
of the right-of-way will have their facilities protected by the agreement;utility
staffs will have access rights along the road right-of-way for maintenance of
their facilities.
C. Option on Road Reopening
If the refinery closes down, the County will have the option of reopening the
road (since the safety concern will no longer be at issue). This will be
triggered if all refinery operations are closed for one year or longer.
d. BFI Solid Waste Transfer and Recovery Station (STAR) and Garbage Trucks
In times of emergency or temporary road closures(e.g., last year's flooding),
garbage trucks and transfer trucks operated by BFI will be allowed access
along Solan Way.
e. Flood Control Dredge Management Plan
Tosco and Contra Costa County Flood Control District have located an
approximate 40 acre site on Tosco lands,which has been previously identified
to be used by the agency for a dredge management site to remove dredging
materials from the Walnut Creek Channel for dewatering and transfer. Tosco
has agreed to provide a written license agreement for an approximate ten-year
period for the District's use of the ±40 acre site. The terms of the license
agreement will be worked on over the next year.
f. Long Term Access Agreement
Solano Way and Waterfront Road will physically remain and will be available
for use by the public during emergencies, including transfer and garbage
trucks, and for access to the Point Edith Marsh in accordance with a written
Access Agreement to be approved by the Emergency Services Director.
g. Staging Area Improvement to Point Edith Marsh
After closure of Solano Way and Waterfront Road, Tosco will provide a
staging area to be approved by Public Works adjacent to the Point Edith
Marsh area.
h. Closure Point Access
Tosco agrees to maintain from the end of the County maintained right-of-way
located at the eastern end of Pacheco Bridge and the Northern end of the
intersection of Solano Way with Arnold Industrial Hwy/Imhoff Drive to the
turnarounds as long as the closure agreement exists.
L Maintenance of Road Closure Facilities
On an annual or as needed basis, the County of Contra Costa Public Works
Department is entitled to inspect the closure points as described in paragraph
h. above and provide a scope of maintenance work for the facilities.
2. y. Monetary Issue
a. Road Closure Mitigation Fund
Tosco and the County of Contra Costa have agreed that Tosco will contribute
$5,000,000.00 toward mitigation for the approved closure of Solano Way. An
initial $500,000.00 will be provided to the fund within forty-five (45) days of
acceptance of the road closure by the Board of Supervisors. The initial
payment will trigger the transfer of road deeds and other implementation
documents. On the anniversary date of the initial payment and each
anniversary date thereafter,the sum of$500,000.00 per year for the remaining
nine (9) years for payments totaling $5,000,000.00.
002100Q5
11/13/95
-2-
a 1
Resolution No.32-1995
RESOLUTION OF THE CONTRA COSTA COUNTY PLANNING COMMISSION, STATE OF
CALIFORNIA, RECOMMENDING APPROVAL OF THE GENERAL PLAN AMENDMENT
DEALING WITH THE SOLANO WAY CLOSURE AT AVON REFINERY PROJECT AND THE
VACATION OF SOLANO WAY AND PORTIONS OF WATERFRONT ROADS.
WHEREAS, a request was received from the Tosco Refining Company requesting to delete Solano
Way from the County General Plan and to vacate Solano Way; and
WHEREAS, staff determined that to consider this request a full review of the Circulation Element
in the East Martinez/North Concord area was warranted; and
WHEREAS,both Draft and Final Environmental Impact Reports have been produced on this project
and have been recommended to be adequate by the Contra Costa County Zoning Administrator; and
WHEREAS, staff prepared a report on the Circulation Element revisions for the East Martinez/North
Concord area and on the proposed Vacation of Solano Way and portions of Waterfront Road and
it was circulated to affected agencies and individuals; and
NOW THEREFORE BE IT RESOLVED that the Contra Costa County Planning Commission finds
that the Final EIR is adequate for County Approval purposes as recommended by the County Zoning
Administrator; and
BE IT FURTHER RESOLVED that the Commission RECOMMENDS APPROVAL of the Closure
of Solano Way General Plan Amendment as recommended by staff with the following modifications:
• That the plan map be corrected to reflect the staff report text on Waterbird Way and
Waterfront Road as verbally corrected by staff at the hearing.
• That General Plan Policy#3=118 not be deleted in its entirety but the last sentence be
retained and modified to read, "Access to industrial land south of the railroad tracks
shall not be allowed through the Blum Road residential neighborhood."
BE IT FURTHER RESOLVED that the Commission recommends approval of the Vacation of
Solano Way and portions of Waterfront Road based on the criteria discussed in VII(I) of the staff
report; and
BE IT FURTHER RESOLVED that the Commission also recommends the study of the use of
Waterfront Road area at Point Edith with stakeholders and the renaming of Waterbird Way both as
recommended by staff, and
BE IT FURTHER RESOLVED that the Commission urges the Board of Supervisors to amend the
access agreement with Tosco to include provision for State permit loads to be able to use Solano
Way; and
BE IT FURTHER RESOLVED that all written and graphic material developed for and pertaining
to these proceedings are made part of the record; and
BE IT FURTHER RESOLVED that the Secretary of the Contra Costa County Planning Commission
sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors,
all in accordance with the provision of the Planning Law of the State of California.
The instruction by the Contra Costa County Planning Commission to prepare this resolution,
incorporation the above land aforementioned, was given by the Contra Costa County Planning
Commission on Tuesday, October 3, 1995 by the following vote:
AYES: Commissioners- Clark, Gaddis, Straus, Hancek, Wong, Terrell
NOES: Commissioners-None
ABSENT: Commissioners-Braxton
ABSTAIN: Commissioners-None
I, Harvey E. Bragdon, Secretary of the Contra Costa County Planning Commission, State of
California, hereby certify that the foregoing accurately reflects the October 3, 1995 action of the
Commission.
ATTEST:
rvey ragdon
Secretary the Planning Commission of the
County of Contra Costa, State of California
JWC:drb
JWC 1995\drb\so1ano.res
Recorded at the request of:
Contra Costa County
Retum to:.
Contra Costa County
Real Property Division
255 Glacier Drive
Martinez, CA 94553
Attention: Ronald Babst
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUBJECT:
Vacation of Portions of Waterfront Road RESOLUTION NO. 95f
and Solano Way Resolution & Order Vacating
W.O. #1500 a Public Street
Concord Area (S.& H.C. § 8324)
The Board of Supervisors of Contra Costa County RESOLVES THAT:
On November 7, 1995,this Board passed Resolution No. , declaring its intention to vacate the
County Streets described In Exhibits"A,""B,° "B-1,"and.`B-2"attached hereto and incorporated herein by
this reference and fixed on December 12, 1995, at 2:00 p rr , in its Chambers, as the time and place for the
hearing thereon, and ordered that the resolution be published and posted as required by law, which was
done as shown on affidavits on file with this Board.
The hearing was held at that time and place, this Board hearing and duly considering all evidence
offered concerning the vacation by all interested parties.
This Board hereby determines pursuant to Streets and Highways Code Section 2381 that the area
to be vacated Is not useful as a non-motorized transportation facility.
This Board hereby FINDS that the public road Is unnecessary for present or prospective public use
once the terms of the MOA (Exhibit"C") are satisfied.
RESOLUTION NO, 951_,,,_
EXHIBIT"C"
MEMORANTUM OF AGREEMENT
L Non•Monetna Items
The following items are conditions of approval for the vacation.
a. Waterfront Road Gate Relocation
The northern-closure point will be relocated from Solano Way to Waterfront
Road to provide better control of the lands to the east of Solano Way. The
final closure point and improvements are to be worked out with Public Works
Engineers.
b. Protect Utility Easements
The County will maintain subsurface road rights. Sewer,water and utility uses
of the right-of-way will have their facilities protected by the agreement;utility
staffs will have access rights along the road right-of-way for maintenance of
their facilities.
C, Option on Road Reopening
If the refinery closes down,, the County will have the option of reopening the
road (since the safety concern will no longer be at issue). This will be
triggered if all refinery operations are closed for one year or longer.
d. BFI Solid Waste Transfer and Recovery Station (STAR) and Garbage Trucks
In times of emergency or temporary road closures (e.g., last year's flooding),
garbage trucks and transfer trucks operated by BFI will be allowed access
along Solano Way.
C. Flood Control Dredge Management Plan,
Tosco and Contra Costa County Flood Control District have located an
approximate 40 acre site on Tosco lands,which has been previously identified
to be used by the agency for a dredge management site to remove dredging
materials from the Walnut Geek C.liannel for dewatering and transfer. Tosco
has agreed to provide a written license agreement for an approximate ten-year
period for the District's use of the ±40 acre site. The terms of the license
.t-
agreement will be worked on over the next year.
L Long Term Access Agreement
Solano Way and Waterfront Road will physically remain and will be available
for use by the public during emergencies, including transfer and garbage
trucks, and for access to the Point Edith Marsh in accordance with a written
Access Agreement to be approved by the Emergency Services Director.
g. Staging Area Improvement to Point Edith Marsh
After closure of Solano Way and Waterfront (toad, Tosco will provide a
staging area to be approved by Public Works adjacent to the Point Edith
Marsh area. .
h. Closure Point Access
Tosco agrees to maintain from the end of the County maintained right-of-way
located at the eastern end of Pacbeco Bridge and the Northern end of the
intersection of Solano Way with Arnold Industrial Hwy/Imhoff Drive to the
turnarounds as long as the closure agreement exists.
L Maintenance of Road Closure Facilities
On an annual or as needed basis, the County of Contra Costa Public Works
Department is entitled to inspect the closure points as described in paragraph
h. above and provide a scope of maintenance work for the facilities.
2. Mone ara Issue
a. Road Closure Mitigation Fund
Tosco and the County of Contra Costa have agreed that Tosco will contribute
$5,000,000.00 toward mitigation for the approved closure of Solano Way. An
initial $500,000.00 will be provided to the fund within forty-five (45) days of
acceptance of the road closure by ;the Board of Supervisors. The initial
payment will trigger the transfer of road deeds and other implementation
documents. On the anniversary date of the initial payment and each
anniversary date thereafter,the sum of$500,000.04 per year for the remaining
tine (9) years for payments totaling $5,000,000.40.
002IM05
21/23/95
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-71
Costa County Records, distant thereon North S8-3S-30 West,
38.89 Feet from the most westerlg corner of the parcel of
land described in the deed to the Countg of Contra Costa,
recorded August 8, 19iE, Book 886 Official Records, page
198; thence from said point of beginning South 18-39-30
East, 162.75 Peet to the southerly line of the parcel of
land described in the deed to the County of Contra Costa,
recorded Januarg -l6, 1813, Book '19't Deeds, page 26S, being
the southerlg line of said Waterfront Road.
Bounded on the east by the west line of the parcel of land
described as Parcel Four -- Waterfront Road, in the Quitclaim
Deed to the United States of America, recorded February 12,
1SS0, Book 15653 Official Records, page 659.
RESERVING THEREFROM PARCELS ONE and TWO: Pursuant to the
provisions -of Section 8310 of the Streets and Highways Code,
the easement and right at any time, or from time to time, to
construct, enlarge, maintain, operate, replace, remove, and
renew those existing and in place utilities, as of the date
of the recording this instrument, in, upon, over and across
any highway or part thereof proposed to be abandon,
including access to protect the property from all hazards,
in, upon, and over the area herein before described to be
abandoned. .
This real property description has been prepared bg me or
under my direction, in conformance with the Professional
Land Surveyors Act.
Signature: &ee .;pt Rash
Licensed Land Surve6kbr "
Date: �/�`� T387
C�L�`�¢
Page 2 of 2
October 18, 1995 Abandonment
file: no8535100.abd
EXHIBIT "A"
All that real property situated in the unincorporated area
of Martinez, County of Costs County, State of California,
described as follows:
PARCEL ONE (So2ano WnW)
Portion of the Rancho Monte Dal Diablo and a portion of
Swamp and Overflow Lands, described as follows:
All that p6ftion---bf that strip of land, varying in width,
known as Solano WSW, a County road, and running in a general
northwesterly direction for approximately 2.'1 miles.
Bounded on the south by the following described line:
Beginning in the northerly line or Arnold Industrial Way
shown as "Frontage Road" on sheet 11 of 11 OF the map
entitled "REL NO. 40352, Relinquishment in the County OF
Contra Costa" , filed December 21, 1982, State Highway Map
Book No. 8, pages 14 through 24, inclusive, Contra Costa
County Records, at the point of compound curve of a curve
concave to the north having a radius of 1951 -00 feet, with a
curve concave to the northeast having a radius of 20-00
feet, a radial line of said curve at said point of Compound
curve bears North 10-42-E8 West; thence from said point of
beginning, in a direct line, South 89-43-21 West, 148.43L
feet to a point In the northerly line of Imhoff Drive
"Frontage Road" at the southwesterly terminus of the course
shown as South 64-32-E0 West, 5.7S feet an said sheet 11 OF
11 (State Highway Map Book No. 8, pages 14 through 24) .
Bounded on the north by southerlij. line of the parcel of land
described in the deed to the County OF Contra Costs,
recorded January 16, 1913, Book 194 Deeds, page 269, being
the southerly line of- WaterFront Road, a County road.
PARCEL TWO (Waterfront Road)
Portion OF Swamp and overflow Lands, described as follows:
All that portion of that strip of land, varying in width,
known as Waterfront Road, a County road, and running in a
general northeasterly direption for approximately 1 -If miles.
Bounded an the west by the following described line:
Beginning at a point in the northeasterly line of Waterfront
Road being the northeasterly line of the parcel OF land
described in the deed to the County or Contra Costa
recorded February 18, 1915, Book 239 Deeds, page 3S!, Contra
i his 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 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.
This Board declares that the hereinabove described proposed vacation areas are HEREBY
ORDERED VACATED subject to the terms and conditions of the MOA being satisfied (Exhibit "C" 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 this Resolution in the office of
the County Recorder.
Orig.Dept.: Public Works (R/P)
Contact: Ronald Babst(5 10)313-2226
cc: Public Works
Maint. (via R/P)
Transportation Engineering (via RIP)
Records (via RIP)
County Counsel
Community Development
Recorder(via RIP)
EBMUD, Land Management Division
Thomas Brothers Maps
Pacific Gas and Electric Attn: Land Department
Pacific Bell Attn: Buck Keith
401 Lennon Lane, Rm. 205,Walnut Creek, CA 94598
Contra Costa Water District
Applicant: Richard S. Bruno
P.O. Box 630
Martinez, CA 94553
RB.glo
g:lrealprop\1emp\V18$Way.t10
October 30, 1995
RESOLUTION NO. 95/
TOSCO REFINING & MARKETING COMPANY
CONTRA COSTA COUNTY LONG TERM ACCESS AGREEMENT
NOVEMBER 13, 1995
This agreement, made and entered into by and between TOSCO REFINING
& MARKETING COMPANY, Martinez, California (hereinafter called REFINERY), and
the COUNTY OF CONTRA COSTA(hereinafter called COUNTY), concerns the Parties'
understanding of their respective actions and responsibilities regarding access through
REFINERY property in Contra Costa County via portions of Solano Way and Waterfront
Road (hereinafter called ROADS) for the purposes of the REFINERY providing access
across the ROADS, closed by action subsequent to Contra Costa County Boardr of
Supervisors Resolution # which was passed per the attached Memorandum of
Understanding (hereinafter MOU and provided herein as Attachment A). In particular,
paragraphs b., d., and f. of the attached MOU described circumstances leading to the
development of this agreement to; (1) provide access to public agencies, easement holders,
and right-of-way holders for normal access to; inspect, maintain, repair and operate; (2)
provide emergency access through the REFINERY to agencies and their assigned agents
for the purposes of responding to potentially life-threatening situations; and (3) provide
access through the REFINERY for the general public in order to bypass general public
traffic around California State Highway 4 and Interstate Highway 680 when blockage of
State Highway 4 and Interstate Highway 680 occurs as indicated in paragraph £ of the
attached MOU; (4) provide access to Recreational users to visit the Point Edith Wildlife
Area on Waterfront Road; (5) provide ingress and egress to BFI Solid Waste Transfer and
Recovery Station (STAR) and collection trucks in times of emergency or temporary road
closures caused by flooding; (6) provide access for delivery and shipment of permitted
oversize loads by the Department of Transportation Office of Permits and the County of
Contra Costa.
-1-
I. Normal or emergency access for personnel from public agencies, easement holders,
right-of-way holders, and other parties referred to the REFINERY by members of
the County staff can be gained by pre-clearance through the REFINERY Security
Control Office or by presenting themselves at the staffed security gates either at the
South gate located at the south end of Solano Way or at the North gate on
Waterfront Road located at the north end of Solano Way. Both north and south
gates will be staffed 24 hours a day, 365 days a year.
A. It is advisable that normal access be coordinated in advance with the
REFINERY by telephoning the Refinery Security Control Office in advance
of the visit to reduce potential delays in processing for access.
B. Access applicants must possess positive identification.
C. Access can be gained by the access applicant presenting himselves/herselves
at either the North or South gate as noted in I above.
D. Emergency access can be gained by the access applicant presenting
himselves/herselves at either the North or South gates or by telephoning the
Refinery Security Control Office to arrange an escort with a Refinery
representative or a security guard at the appropriate gate.
II. Emergency access through the REFINERY will be provided to certain agencies on
high priority special emergency access basis as described in Sections 2 A through 2
B below.
A. The affected agencies having special emergency access are:
1. California Highway Patrol
-2-
2. California Department of Forestry and Fire Prevention
3. Contra Costa County Sheriffs Department
4. Contra Costa County Fire District
5. Contra Costa County Health Services Department Hazardous
Materials Division
6. Emergency Ambulance Services
7. Contra Costa Emergency Services (OES)
8. Department of Transportation,State of California(including permitted
oversized loads)
9. Pacific Gas & Electric Co. (P.G.&E.)
B. Emergency response personnel from the above agencies shall gain emergency
access through the REFINERY by:
1. Telephoning the Refinery Security Control Office for clearance, or;
2. The agency presenting themselves at the appropriate gate for
clearance.
The REFINERY shall respond to telephone calls by advising guards at the
appropriate=gate to open gates where access is needed to allow rapid passage of the
emergency response vehicles.
III. Emergency access by general public traffic through the REFINERY will be obtained
by the Incident Commander at an accident or catastrophic site contacting his/her
chain of command's dispatcher who will call the Refinery Security Control Office by
telephone.
A. The Incident Commander is the Senior Law Enforcement Official present on
the scene of an earthquake, major accident, chemical spill, or other
-3-
catastrophe.
B. The Refinery Security Control Office will obtain concurrence and advise of
the stipulations to allow general public traffic access through the REFINERY.
IV. Recreational users may gain access to the Point Edith Wildlife Area by presenting
themselves at the North Gate on Waterfront Road. In the event access to the North
Gate is impassable due to flooding conditions along Waterfront Road, access will be
allowed from the South Gate at Arnold Industrial Highway. Conditions of access are
as follows:
A. Access will be by permit only. Permittees will not be required to sign in on
a REFINERY log. Access will be restricted to the recreational areas only.
B. Access will be denied and permits will be terminated during REFINERY
emergency incidents.
V. Collection vehicles and transfer tractors and trailers accessing or departing BFI Solid
Waste Transfer and Recovery Station are authorized to gain access through the
REFINERY by presenting themselves at the appropriate gate for clearance. Access
through the REFINERY is authorized under the following conditions:
A. When directed by any law enforcement official, fire/emergency response
officials, or COUNTY emergency response officials;
B. In the event of any "emergency" as described in II above;
C. During flood conditions at the intersection of Interstate 680 at Waterfront
Road impeding normal access or departure from the BFI STAR station;
-4-
D. Access for purpose of servicing REFINERY solid waste accounts.
VI. Thirty days prior to the effective date of closure of Solano Way, the REFINERY
shall develop and distribute an attachment for this agreement which provides the
latest emergency telephone numbers and emergency pager numbers to be used.
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
REFINERY and the County Administrator.
VII. Administrative changes to this document may be executed by mutual agreement of
the County Administrator and the REFINERY.
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, change to telephone numbers or pager
numbers 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,pager numbers and similar items of operational response
significance shall be kept up-to-date by the REFINERY.
VIII. Substantive changes to this document shall be mutually processed and agreed to in
writing per the REFINERY and COUNTY requirements as prescribed by applicable
-5-
laws and regulations.
GARY BROWN
EMERGENCY SERVICES DIRECTOR
APPROVED:
COUNTY OF CONTRA COSTA TOSCO CORPORATION
By By
PHILIP BATCHELOR CLARK S. WRIGLEY
COUNTY ADMINISTRATOR VICE PRESIDENT-REFINING
AND REFINERY MANAGER
Date: Date:
00210000
-6-
LICENSE AGREEMENT
This agreement made on November 14, 1995, between TOSCO
REFINING & MARKETING COMPANY, Avon Refinery in the County of Contra
Costa, State of California (herein referred to as "Licensor" ) , and
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT,
a public agency in and for the County of Contra Costa, State of
California (herein referred to as "Licensee") .
1 . Licensor, by this instrument, grants to Licensee the
right, privilege and permission to use an approximate 40-acre site
located on Licensor' s land for a dredge management site to remove
dredging materials from the Walnut Creek Channel for dewatering and
transfer, in and on a certain tract of land owned by Licensor which
is shown on the attached aerial photograph.
2 . The permission is given to Licensee as an
accommodation with no monetary consideration, commencing January 1,
1996, for a ten-year period.
3 . Licensee will be provided access for preparing a
preliminary engineering and feasibility study.
4 . Licensee reserves the right to explore alternate
sites which are satisfactory to Licensor in the event the event
that the feasibility study reveals that the selected area is not
suitable for dewatering and transfer of dredge materials from the
Walnut Creek Channel.
5 . Licensee intends to remove the dewatered materials
for disposal or resale to other areas not located on Licensor' s
-1-
land. Licensor and Licensee may agree in the future to leave or
stockpile the materials on the land of Licensor.
6 . It is the intention of Licensee that the dredge
materials will either be hydraulically pumped to the site or
transported via trucks along Solano Way. In the event Licensor
trucks the materials, Licensee would have the right to use Solano
Way and existing roadway for access to the subject site. However,
Licensee will be responsible for all maintenance costs associated
with any damage caused by the trucking of the materials and, in
addition, will be responsible on an on-going basis for cleanup of
materials should they spill or fall from trucks.
7. In the event that Licensee should need to secure
electrical power sources from Licensor and such utilization of
electrical power sources is feasible for both Licensor and
Licensee, Licensee will fully compensate Licensor for all
expenditures and costs relating to the approved use.
8 . Licensor and Licensee agree that the length of this
agreement shall be for a period of ten years . In the event that
the project completion is extended beyond ten years, the parties
agree to extend the terms of the License Agreement by mutual
agreement of the parties.
9 . Licensee acknowledges the legal title of Licensor to
the property described above and agrees never to deny such title or
to claim title in Licensee' s name.
10 . Licensee will exercise the privilege granted in this
instrument at Licensee' s own risk, and agrees that Licensee will
-2-
never claim any damages against Licensor for any injuries or
damages suffered on account of the exercise of such privilege,
regardless of the fault or negligence of the Licensor, and Licensee
will indemnity Licensor against all liability for damages and
expenses resulting from, arising out of, or in any way connected
with the exercise of the privilege by Licensee, and Licensee' s
assignees, permittees, or other persons entering the property at
the invitation. of Licensee.
In witness of this agreement, the parties have executed
this instrument at Martinez, Contra Costa County, California, on
TOSCO REFINING & MARKETING CONTRA COSTA COUNTY FLOOD
COMPANY CONTROL AND WATER CONSERVATION
DISTRICT
By By
CLARK S. WRIGLEY PHIL L. HARRINGTON
VICE PRESIDENT-REFINING ASSISTANT PUBLIC WORKS
AND REFINERY MANAGER DIRECTOR
FLOOD CONTROL ENGINEERING
002100QI
-3-
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MEMORANDUM OF UNDERSTANDING
November 13, 1995
RE: SOLANO WAY CLOSURE
1. Non-Monetary Items
CONDITIONS OF APPROVAL:
a. Waterfront Road Gate Relocation
The northern closure point will be relocated from Solano Way to Waterfront
Road to provide better control of the lands to the east of Solano Way. The
final closure point and improvements are to be worked out with Public Works
Engineers.
b. Protect Utility Easements
The County will maintain subsurface road rights. Sewer,water and utility uses
of the right-of-way will have their facilities protected by the agreement;utility
staffs will have access rights along the road right-of-way for maintenance of
their facilities.
C. Option on Road Reopening
If the refinery closes down, the County will have the option of reopening the
road (since the safety concern will no longer be at issue). This will be
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triggered if all refinery operations are closed for one year or longer.
d. BFI Solid Waste Transfer and Recovery Station (STAR) and Garbage Trucks
In times of emergency or temporary road closures (e.g., last year's flooding),
garbage trucks and transfer trucks operated by BFI will be allowed access
along Solano Way.
e. Flood Control Dredge Management Plan
Tosco and Contra Costa County Flood Control District have located an
approximate 40 acre site on Tosco lands,which has been previously identified
to be used by the agency for a dredge management site to remove dredging
materials from the Walnut Creek Channel for dewatering and transfer. Tosco
has agreed to provide a written license agreement for an approximate ten-year
period for the District's use of the ±40 acre site. The terms of the license
agreement will be worked on over the next year.
L Long Term Access Agreement
Solano Way and Waterfront Road will physically remain and will be available
for use by the public during emergencies, including transfer and garbage
trucks, and for access to the Point Edith Marsh in accordance with a written
Access Agreement to be approved by the Emergency Services Director.
g. Staging Area Improvement to Point Edith Marsh
Tosco will provide a staging area to be approved by Public Works adjacent to
the Point Edith Marsh area.
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h. Closure Point Access
Tosco agrees to maintain from the end of the County maintained right-of-way
located at the eastern end of Pacheco Bridge and the Northern end of the
intersection of Solano Way with Arnold Industrial Hwy/Imhoff Drive to the
turnarounds as long as the closure agreement exists.
L Maintenance of Road Closure Facilities
On an annual or as needed basis, the County of Contra Costa Public Works
Department is entitled to inspect the closure points as described in paragraph
h. above and provide a scope of maintenance work for the facilities.
2. Monetary Issue
a. Road Closure Mitigation Fund
Tosco and the County of Contra Costa have agreed that Tosco will contribute
$5,000,000.00 toward mitigation for the approved closure of Solano Way. An
initial $500,000.00 will be provided to the fund within forty-five (45) days of
acceptance of the road closure by the Board of Supervisors. The initial
payment will trigger the transfer of road deeds and other implementation
documents. On the anniversary date of the initial payment and each
anniversary date thereafter,the sum of$500,000.00 per year for the remaining
nine (9) years for payments.totaling $5,000,000.00.
3. Community Contributions
Tosco has agreed to make the following voluntary community contributions:
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a. Replacement Trail
The Walnut Creek Channel trail and bicycle route will be developed in
cooperation with the East Bay Regional Park District. Tosco has agreed to
contribute $1,000,000.00 per the following approved payment plan by the East
Bay Regional Park District: January 1, 1999, Tosco will contribute
$400,000.00; and on the anniversary date thereafter, $100,000.00 per year over
the following six (6) years for a total of $1,000,000.00. All contributions will
be paid to the East Bay Regional Parks Foundation, a Non-Profit 501C(3)
Organization.
b. Pacheco Town Center
Tosco will contribute the sum of $100,000.00 toward construction of the
Pacheco Town Center to be paid within ninety (90) days of the closure of
Solano Way.
C. Vme Hill Neighborhood
Tosco will contribute a sum to be negotiated with the community of Vine Hill
for closure improvements to Arthur Road or the acquisition of the gun club
right-of-way for use of their easement on Arthur Road. Said sum will be paid
directly for the acquisition of rights or to the County Public Works
Department as a depository, depending on which option is feasible.
d. Mt. View Sanitary District
Tosco will contribute the sum of$10,000.00 to the Mt. View Sanitary District
for marshland management. The payment is to be made within ninety (90)
days of closure of Solano Way.
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e. Martinez Land Trust
Tosco will contribute the sum of $5,000.00 to the Martinez Land Trust for
improvements to their marshland along Waterfront Road. The payment is to
be made within ninety (90) days of closure of Solano Way.
0021000R
11/13/95
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OCT, 03' 95(SUN) 15:17 CALTRANS 04 PERIMT P. 002
'
STATE OF CAUK)RNI"UMMM, TRAMPOIrrATION AND HOUSING AGENCY ftTe WILSON, Ga""Ocw
DEPARTMENT OF TRANSPORTATION
BOX 236M
0"LAND, CA 9"23-0"W
(.51x3) 28&44"
MD (510) 286%"54
October 2, 1994
Secretary
Board of supervisors -
County of Contra Costa
651 Pine Street
Martinez, CA 94553
Gentlemen:
I an the Transportation Permit Engineer for District 4. in
that position I have issued permits for travel by oversize loads
for the past 20 years.
I would like to address the proposal by Tosco Refinery to
close Solano Way between Imhoff Drive and waterfront Road and the
adverse impact that this closure would have on the travel by
oversize loads.
The Marina Vista/Waterfront Road area has several firms that
have a need for delivery and shipment of oversize loads. These
include, but are not limited to, the Shell Oil Refinery, Rhone-
Planc Chemical Co. , Acme Landfill and it Corporation. it is
imperative that this area be accessible ,by oversize loads for
these organizations to continue to successfully operate.
There are currently four entries into this area:
1. Route 680 to the Marina Vista exit
2. Route 680 to Pacheco Boulevard exit to Shell
Avenue to Waterfront Road
3. Pacheco Boulevard to Pine Street to Escobar to
Waterfront Road
4. Solano Way to Waterfront Road.
The first option has limited usage because of physical
limitations on Route 680 to the north and the south of the off
and on-ramps. The ramps have been rendered useless by lowbed
semi trailers because of the nhump" in the pavement caused by the
buried Shell Oil Company pipeline. There have been instances
where these ramps have been closed for periods of time because
lovbeds, inadvertently routed to the exit, have been stuck.
-WT, -03' 95(SUN), 15: 17 CALTRANS 04 PERIW P. 003
Board of Supervisors
October 2, 1995
Page 2
The second option is impractical because the Shell Oil
company has constructed several pipe crossings over this street
without adequate vertical clearance.
The third option is not practical for these large loads
because it travels on narrow streets with parked cars in downtown
martinet.
The fourth option, Arnold industrial Highway - Solano way
Waterfront Road is the most practical route for large oversize
loads to enter and exit this portion of Contra Costa County. I
would recommend that it be kept open.
Sincerely,
P./J.�=�ENTER
Transportation Pernit Engineer
Office of Permits
i0'd 7Fi101
Da & f mew 17w.
MAILING ADDRESS' P.O. SOX 907 • LIVERMORE, CA 94551
October 3, 1995
John Capozzo
contra costa county
Application & Permit center
255 Glacier Drive
Martinez, CA 94553
RB: closure of Solano Way
john, we feel that if Solano liay . is allowed to be closed
at Tosco Refinery, the movement of oversize loads, which
need to get to Acme Fill and Shell Refinery will be greatly
impacted.
The 660/Haring Vista interchange is all but useless to
be negotiated by heavy loads transported on lovbeds. This
is due to the severe "hump" at the on and off ramps caused
by the Shell Oil pipelines which are running underground
through the area. There is another possible route, using
Pacheco Blvd. to Shell Ave. to marina Vista that is limited
due to over head piping on Shell Ave, causing impaired
vertical clearance . The last option is coming in through
downtovn Marinez, then back east up Marina Vista to the
Shell refinery. This is not practical for large loads,
either. The streets in downtown Martinez and along the
Martinez waterfront are very narrow and are usually loaded
with parked vehicles as veil as heavy traffic throughout
the day, thus causing a situation which would also be
impractical as veil as dangerous to try to route oversize
loads through.
We urge Contra Costa county to keep Solano way open at this
time. The need to find an alternative route to Solano Way
should be put on the •priority list" . The 680f14arina Vista
Interchange could be reconstructed to accommodate the
large oversize loads . Another option is to either raise
the piping on Shell ,ve. or to put these pipes underground
and eliminate the vertical clearance problem altogether .
Either one of these options would have to be worked out
with the California Department of Transportation or the
Shell Oil refinery.
Again, - we urge you to find the solution prior to causfeg
the problem.
t
Kike Nisen
De Paoli Equipment, Inc.
MARTINEZ GUN CLUB
P.O. BOX 910-MARTINEZ,CA 94553-900 WATERBIRD WAY
(415) 372-9599
October 2, 1995
Mr. Jeffrey V. Smith
Supervi-sorial District Two
County Administration Building
651. Pine Street, Room 108A
Martinez , CA 94553
Dear Supervisor Smith:
T am in receipt of your letter of September 27 , 1995.
T must confess your communication caught me by surprise. For two
reason : ( 1 ) we. do not have a problem with access to our Cluh over
Arthur Road . Tf you are alluding to a problem others may have, we
are not aware of it. And , ( 2 ) Messrs. Baird and Russo do not have
authority, jointly or severally, to obligate Martinez run Club.
Be advised that any agreement you may feel was reached in your
meeting is not valid or binding on Martinez Gun Club.
Supervisor Smith, the reason for this letter is to go "On Record"
with our posi_ti.on . However, because T believe there must be
something here we should be aware of , T would like to speak with
you. T will telephone your office tomorrow.
Any matter that concerns Martinez Gun Club ,should he addressed to:
Burd of Directors
Martinez Gun Club
P.O. Box 910
Martinez , CA. 94553
Attn : Tom Folland , President
Phone: 707-642-4371
Respectfully yours,
Tom o" lland President
crc: Chunk Zahn , Community Development.
Steve Kersevan, Public Works
Vi.n. Westman , County Counsel
Warren Rupf, Sheriff ' s Department
Dorothy Sakazaki
Henry' s Wood Farm
,Ton Carlson, Transfer Station
DRAFT
BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA
FINDINGS FOR THE CLOSURE OF SOLANO WAY
AT THE AVON REFINERY
The Board of Supervisors of the County of Contra Costa hereby adopts and
makes the following findings relating to the certification of the Environmental Impact Report
prepared for the closure of Solano Way at the Avon Refinery.
I. INTRODUCTION
A. The Project
1. Introduction
Tosco Corporation has requested to close Solano Way to public through traffic.
This closure would be attained by the installation of gates and security staff at Arnold
Industrial Highway and at Waterfront Road to allow local users to access their facilities. The
Company's proposal is to leave Solano Way in its physical existence and to maintain the
roadway in the event it becomes necessary for public through traffic to resume using Solano
Way on an emergency basis.
County of Contra Costa requested and the DEIR`investigated feasible alternative
routes in order to accommodate the public through traffic using Solano Way. These include
Waterbird Way extension and Evora Road. The project description includes a review of the
Circulation Element of the Contra Costa County General Plan for the North Concord/East
Martinez area. Specifically, the request is for four separate actions: (a) the closure of Solano
Way to public through traffic; (b) vacation of Waterfront Road from the U.S. Naval Weapons
Station property closure point on Waterfront Road to a point located on the east side of the
Pacheco Creek Bridge, vacation of Solano Way from its intersection with Waterfront Road
southerly to a point at its intersection with Arnold Industrial Highway/Imhoff Drive; (c)
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adoption by the County of amendments to the Roadway Network Plan and the Transportation
and Circulation Element of the Contra Costa County General Plan; and (d) the adoption by the
County of specific findings required to close or vacate a County road under §8324 of the
California Streets and Highways Code and §65402 of the Planning and Zoning Code.
B. Environmental Impact Report
1. Preparation .of the EIR
The County prepared an initial study to determine whether an environmental
impact report or a negative declaration shall be prepared for the project. The initial study
indicated that the project could have significant adverse environmental impacts, and the County
accordingly determined that the environmental impact report was necessary. A Notice of
Preparation of the Draft Environmental Impact Report was prepared and circulated to various
responsible agencies, State agencies and Federal agencies, and to any person who had filed a
written request for notices with Contra Costa County.
The Draft Environmental Impact Report was prepared by the County pursuant
to the initial study and notice of preparation. The Draft Environmental Impact Report was
published for public review and comments by March 24, 1995, and was filed with the State
Office of Planning and Research. After the DEIR was issued, a public review period for more
than 45 days ensued where all local agencies and affected communities were invited to
comment on the DEIR. A public hearing was also held in Martinez on April 24, 1995, to take
public comments on the adequacy of the DEIR. All comments and concerns were raised
during the public review period and at the public hearing were addressed by written responses
and the Final Environmental Impact Report that was published in June, 1995. After public
hearing, the Zoning Administrator for the County, after reviewing all available testimony and
evidence in the record, recommended that the Board certify the Final EIR, together with
comments on the DEIR and the County's responses thereto (collectively, the "FEIR") as having
been completed in accordance with the California Environmental Quality Act (CEQA).
-2-
w
For purposes of these findings, the EIR consists of. the initial study; the notice
of preparation; the DEIR; the FEIR, all appendices to the DEIR and FEIR and all documents
incorporated by reference in these documents.
2. Certification of the EIR
In adopting these findings, the Board certifies that the EIR has been completed
in compliance with_ CEQA and that it was presented to this Board, which reviewed and
considered the information in the EIR prior to approving the project. By these findings, this
Board ratifies and adopts the findings and conclusions of the FEIR as set forth in these findings
except for such conclusions that are specifically modified by these findings. The EIR and these
findings represent the independent judgment of this Board.
3. Scope of these Findings
The CEQA guidelines, §15091 of the Public Resources Code, requires that a
project significant in environmental impacts identified in an EIR.be addressed by one of three
findings as set forth at §15091(a) to insure that all significant project impacts identified, and
the necessary findings made, these findings list the significant impacts and mitigation measures
identified in the EIR and set forth the corresponding required findings.
4. Findings Regarding Mitigation Measures
This Board hereby makes the following general findings regarding mitigation
measures: -
a. Mitigations Adopted
Except as otherwise specified, the mitigation measures adopted in
these findings are those recommended in the DEIR, subject to (1) any modifications, deletions
-3-
I Y
or additions in the FEIR; and (2) any clarifications or additions in the mitigation and
monitoring program. It is the intention of this Board to adopt in full all the mitigation
measures as set forth herein, as clarified and supplemented in the mitigation monitoring
program.
All the portions of the FEIR which modify, adopt or reject
mitigation measures are hereby incorporated by reference.
b. Effect of Mitigations
Except as otherwise stated in these findings, this Board finds that
the significant environmental impacts of the project will be mitigated to a less than significant
level by the adopted mitigation measures. Except as otherwise stated in these findings, this
Board finds that the mitigation measures imposed will not have new significant impacts that
were not analyzed in the DEIR.
H. DESCRIPTION FOR THE RECORD
For purposes of CEQA and these findings, the record before the Board includes,
without limitations, the following:
1. The General Plan Amendments;
2. All applications for approval relating to the project submitted by Tosco
to the County or other public entities;
3. The Draft EIR for the project, including appendices, and the Final EIR;
4. All County staff reports on the project and the EIR:
-4-
5. All studies conducted for the project and EIR contained or referenced in
the General Plan Amendment and EIR, including appendices;
6. All public reports and documents prepared for the Board, the Planning
Commission and the Zoning Administrator;
7. All documentary and oral evidence received and reviewed at public
hearings relating to the project and the EIR before the County Zoning Administrator, the
Planning Commission, and this Board;
8. For documentary and informational purposes, the Contra Costa County
General Plan and amendments thereto, including appendices;
9. All matters of common knowledge to this Board, including, but not
limited to (i) the County Zoning and other ordinances; (ii) the County's fiscal status; (iii)
County policies and regulations; (iv) reports, projections and correspondence related to
development within and surrounding the County; (v) state laws and regulations and
publications, including all reports and guidelines published by the California Office of Housing
and Community Development and by the California Office of Planning and Research;
10. All written materials submitted to the County by Tosco in support of the
EIR for the closure of the Solano Way project.
III. CEQA FINDINGS REGARDING POTENTIALLY SIGNIFICANT IMPACT
The Draft EIR indicated a large range of significant environmental impacts that
would be caused by the construction of Waterbird Way as an alternative route to Solano Way.
Since the Board decision is to remove the unbuilt portion of Waterbird Way from the adopted
General Plan and not to require the construction of this roadway, the potential significant
environmental impacts of this roadway will not occur. Consequently, the impacts as set forth
-5-
in Chapter 4 entitled Environmental Setting, Impacts and Mitigations Measures 4.1 Land Use,
4.2 Consistency with Plans and Policies, 4.3 Geology, Soils and Seismicity, 4.4 Hydrology and
Water Quality, 4.5 Biological Resources, 4.6 Public Health and Safety, 4.7 Visual Resources,
4.8 Cultural Resources, 4.9 Transportation, 4.10 Air Quality, 4.11 Noise, discussed below will
not occur.
A. Land Use
The proposed project has no significant land use impacts as set forth in the
Summary of Impacts and Mitigation Measures Table 2-1, Land Use Impact 4.1-1 through 4.1-
13, Chapter 2, pp. 2-2, 2-3, 2-4.
B. Conformance with Plans and Policies
The proposed project has no significant environmental impacts due to
conformance with plans and policy impacts as set forth Summary of Impacts and Mitigation
Measures, pp. 2-5 and 2-6 and Table 2-1, Impacts 4.2-1, 4.2-2, 4.2-4 through 4.2-6, with the
exception of the following Impact 4.2-3: Approval of a series of General Plan Amendments
to vacate public use of Solano Way and delete associated collector roadways may conflict with
the existing Contra Costa County and City of Concord General Plan policies related to
bikeways, hiking and riding trails and other open space, resources and recreation.facilities. The
closure of Solano Way to public use and deletion of plan collector roads would restrict public
access to open space resources along the Suisun Bay shoreline via bikeways and hiking and
riding trails that are planned through the study area.
a. Description
The DEIR discusses the above Transportation and Circulation Element
and Open Space Element at pp. 4.2-15 through 4.2-17.
-6-
b. Mitigation Measures
The following mitigation measures are hereby adopted and will be
implemented as provided by the mitigation monitoring program.
To mitigate the potential loss of trail connection linking Concord area
with the Suisun Bay shoreline, Tosco has arranged to make a contribution financially to the
construction of the plan multi-use trail along Walnut Creek Flood Control Channel from
Waterfront Road to Imhoff Drive. Tosco has volunteered a$1,000,000.00 contribution to build
this trail to the East Bay Regional Park District. While not a County requirement, this will
partially offset the impact of this issue.
C. Significant Unavoidable Impact
There is no feasible mitigation for the loss of the proposed east-west
hiking and riding trail connecting Solano Way and the Walnut Creek Channel with the Contra
Costa County Canal trails. Since it is anticipated that the east-west collector road plan north
of Mallard Reservoir will be deleted from the General Plan, the adjacent trails would probably
never be built. This is a significant unavoidable impact.
d. Findings
Based on the EIR and the entire record before this Board, this Board finds that:
i. Mitigation Infeasible
There is no feasible mitigation for the loss of the proposed east-west
hiking and riding trail connecting Solano Way and the Walnut Creek Channel with the Contra
Costa County Canal trails. With the east-west collector road plan north of Mallard Reservoir
being deleted from the General Plan, the adjacent trails will probably never be built. This is
-7-
a significant unavoidable impact. Tosco has volunteered a $1,000,000.00 contribution to build
this trail to the East Bay Regional Park District. While not a County requirement, this will
partially offset the impact of this issue.
ii. Overriding Considerations
Environmental, economic, social and other benefits of the project override
those significant adverse impacts as more fully stated in the statement of overriding
considerations.
C. Geology
The proposed project has no significant geological impacts as set forth in the
Summary of Impacts and Mitigation Measures, Table 2-1, Impacts 4.4-1 through 4.403, pp. 2-
6, 2-7 and 2-8.
D. Hydrology and Water Quality
The proposed project has no significant hydrology and water quality impacts as
set forth in the Summary of Impacts and Mitigation Measures, Table 2-1, Impacts 4.4-1
through 4.4-3, pp. 2-8 and 2-9.
E. Biological Resources
The proposed project has no significant biological impacts as set forth in the
Summary of Impacts and Mitigation Measures, Table 2-1, Impacts 4.5-1 through 4.5-15, pp.
2-10, 2-11, 2-12, 2-13, 2-14.
-8-
F. Public Health and Safety
The proposed project has no significant public health and safety impacts as set
forth in the Summary of Impacts and Mitigation Measures, Table 2-1, Impacts 4.6-1 through
4.6-4, pp. 2-15 and 2-16.
G. Visual Resources
The proposed project has no significant visual resource impacts as set forth in
the Summary of Impacts and Mitigation Measures, Table 2-1, Impacts 4.7-1 through 4.7-3, p.
2-16.
H. Cultural Resources
The proposed project has no significant cultural resource impacts as set forth in
the Summary of Impacts and Mitigation Measures, Table 2-1, Impact 4.8-1. pp. 2-16 and 2-17.
I. Transportation
The proposed project has no significant transportation impacts as set forth in the
Summary of Impacts and Mitigation Measures, Table 2-1, Impacts 4.9-1 through 4.9-25, pp.
2-17 through 2-21.
J. Air Quality
The proposed project has no significant air quality impacts as set forth in the
Summary of Impacts and Mitigation Measures, Table 2-1, Impacts 4.10-1 through 4.10-5, pp.
2-21 and 2-22.
-9-
K. Noise
The proposed project has no significant noise impacts as set forth in the
Summary of Impacts and Mitigation Measures, Table 2-1, Impacts 4.11-1 through 4.11-3, pp.
2-22 and 2-23.
L. Miscellaneous CEOA Topic
1. Significant Unavoidable Environmental Effects
The project's significant environmental impact has been identified above and is
also discussed in the statement of overriding considerations.
2. Growth Inducing Impacts
No growth inducing impacts have been identified under the proposed project,
being the closure of Solano Way.
IV. FINDINGS REGARDING PROJECT ALTERNATIVES
CEQA and CEQA guidelines require an EIR to "describe a range of reasonable
alternatives to the project, or to a location of the project, which could feasibly attain the basic
objective of the project... CEQA Guidelines 15126(d). The EIR evaluates and compares
alternatives to the project. The Board's findings regarding these alternatives to the proposed
project are as follows: The proposed project is the environmentally superior alternative
because it would close Solano Way to public through traffic thereby reducing public health
risk, due to risks of the refinery operation on members of the motoring public. The
transportation analysis concluded that Solano Way is presently used primarily as a route to and
from the Avon Refinery. Therefore, under these conditions, closure of Solano Way would not
have any adverse affect on traffic volumes or levels of service in the study area." EIR, pp. 5-1
-10-
t M'
and 5-2.
V. STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to the CEQA Guidelines §15093, this Board adopts and makes the
following statement of overriding considerations regarding the remaining unavoidable impacts
of the project, as discussed above, and the anticipated economics, social and other benefits of
the project:
A. Findings and Statements
a. Overriding Considerations
The remaining unavoidable impact of the project (described above) is
acceptable in light of the environmental, social, economic and other considerations set forth
herein because the benefits of the project outweigh any significant and adverse environmental
impacts of the project.
b. Project Alternatives
The project alternatives set forth in the EIR are infeasible in part because
such alternatives would prohibit the attainment of civic, social, economic and other benefits
of the project which this Board finds outweigh any environmental advantages of the project
alternatives and, further, the proposed project is the environmentally superior alternative.
C. Description of Overriding Considerations
This Board finds the following social, economic and other considerations
warrant approval of the project notwithstanding the unmitigated impact of the project. This
Board finds that each of the overriding considerations as set forth below constitutes a separate
-11-
s
independent ground for finding that the benefits of the project outweigh its significant adverse
environmental impacts and is an overriding consideration warranting approval of the project.
These matters are supported by evidence in the record. They include, but are not limited to,
documents previously referenced herein. The unavoidable adverse impacts which result from
the proposed project is a loss of Solano Way as a bicycle route and the loss of planned (but
not constructed) east-west hiking and riding trails north of Mallard Reservoir.
1. The proposed project is in the public interest and has an overriding public
health and safety consideration in eliminating public through traffic from the use on Solano
Way as has been documented in the record, including recommendation from the Contra Costa
County Health Services Department, and
2. Solano Way and Waterfront Road are unnecessary for present or
prospective public use.
00210006
11/24/95
-12-
y DRAFT
MITIGATION MONITORING PROGRAM
The mitigations set forth herein as well as in the Memorandum of Understanding
require a Mitigation Monitoring Program for those conditions to be attained for the closure of
Solano Way and vacation of the public right-of-way. The Mitigation Monitoring Program will
occur for a period of one year following the approval of the project and will be monitored by
the Public Works Department in consultation with the Community Development Department.
A copy of the Memorandum of Understanding is attached hereto and incorporated by reference
for purposes of identifying the areas of mitigation to be monitored.
00210OQ7
11/24/95
RECEIVED
FEB- 6 06
C1FRK BOARD OF SUPERVISORS
CONTRA COSTA CO.
TOSCO REFINING AND MARKETING COMPANY
CONTRA COSTA COUNTY LONG TERM ACCESS AGREEMENT
NOVEMBER 13, 1995
This agreement, made and entered into by and between TOSCO REFINING
AND MARKETING COMPANY, Martinez, California (hereinafter called REFINERY),
and the COUNTY OF CONTRA COSTA (hereinafter called COUNTY), concerns the
Parties' understanding of their respective actions and responsibilities regarding access
through REFINERY property in Contra Costa County via portions of Solano Way and
Waterfront Road (hereinafter called ROADS) for the purposes of the REFINERY
providing access across the ROADS, closed by action subsequent to Contra Costa County
Board of Supervisors Resolution#95/606,which was passed per the attached Memorandum
of Understanding (hereinafter MOU and provided herein as Attachment A). In particular,
paragraphs b., d., and f. of the attached MOU described circumstances leading to the
development of this agreement to; (1) provide access to public agencies, easement holders,
and right-of-way holders for normal access to; inspect, maintain, repair and operate; (2)
provide emergency access through the REFINERY to agencies and their assigned agents
for the purposes of responding to potentially life-threatening situations; and (3) provide
access through the REFINERY for the general public in order to bypass general public
traffic around California State Highway 4 and Interstate Highway 680 when blockage of
State Highway 4 and Interstate Highway 680 occurs as indicated in paragraph f. of the
attached MOU; (4) provide access to Recreational users to visit the Point Edith Wildlife
Area on Waterfront Road; (5) provide ingress and egress to BFI Solid Waste Transfer and
Recovery Station (STAR) and collection trucks in times of emergency or temporary road
closures caused by flooding; (6) provide access for delivery and shipment of permitted
oversize loads by the Department of Transportation Office of Permits and the County of
Contra Costa.
-1-
1 1 • r
I. Normal or emergency access for personnel from public agencies, easement holders,
right-of-way holders, and other parties referred to the REFINERY by members of
the County staff can be gained by pre-clearance through the REFINERY Security
Control Office or by presenting themselves at the staffed security gates either at the
South gate located at the south end of Solano Way or at the North gate on
Waterfront Road located at the north end of Solano Way. Both north and south
gates will be staffed 24 hours a day, 365 days a year.
A. It is advisable that normal access be coordinated in advance with the
REFINERY by telephoning the Refinery Security Control Office in advance
of the visit'to reduce potential delays in processing for access.
B. Access applicants must possess positive identification.
C. Access can be gained by the access applicant presenting himselves/herselves
at either the North or South gate as noted in I above.
D. Emergency access can be gained by the access applicant presenting
himselves/herselves at either the North or South gates or by telephoning the
Refinery Security Control Office to arrange an escort with a Refinery
representative or a security guard at the appropriate gate.
H. Emergency access through the REFINERY will be provided to certain agencies on
high priority special emergency access basis as described in Sections 2 A through 2
B below.
A. The affected agencies having special emergency access are:
1. California Highway Patrol
-2-
2. California Department of Forestry and Fire Prevention
3. Contra Costa County Sheriff's Department
4. Contra Costa County Fire District
5. Contra Costa County Health Services Department Hazardous
Materials Division
6. Emergency Ambulance Services
7. Contra Costa Emergency Services (OES)
8. Department of Transportation,State of California(including permitted
oversized loads) .
9. Pacific Gas & Electric Co. (P.G.&E.)
B. Emergency response personnel from the above agencies shall gain emergency
access through the REFINERY by:
1. Telephoning the Refinery Security Control Office for clearance, or;
2. The agency presenting themselves at the appropriate gate for
clearance.
The REFINERY shall respond to telephone calls by advising guards at the
appropriate gate to open gates where access is needed to allow rapid passage of the
emergency response vehicles.
III. Emergency access by general public traffic through the REFINERY will be obtained
by the Incident Commander at an accident or catastrophic site contacting his/her
chain of command's dispatcher who will call the Refinery Security Control Office by
telephone.
A. The Incident Commander is the Senior Law Enforcement Official present on
the scene of an earthquake, major accident, chemical spill, or other
-3-
i
catastrophe.
B. The Refinery Security Control Office will obtain concurrence and advise of
the stipulations to allow general public traffic access through the REFINERY.
IV. Recreational users may gain access to the Point Edith Wildlife Area by presenting
themselves at the North Gate on Waterfront Road. In the event access to the North
Gate is impassable due to flooding conditions along Waterfront Road, access will be
allowed from the South Gate at Arnold Industrial Highway. Conditions of access are
as follows:
A. Access will be by permit only. Permittees will not be required to sign in on
a REFINERY log. Access will be restricted to the recreational areas only.
B. Access will be denied and permits will be terminated during REFINERY
emergency incidents.
V. Collection vehicles and transfer tractors and trailers accessing or departing BFI Solid
Waste Transfer and Recovery Station are authorized to gain access through the
REFINERY by presenting themselves at the appropriate gate for clearance. Access
through the REFINERY is authorized under the following conditions:
A. When directed by any law enforcement official, fire/emergency response
officials, or COUNTY emergency response officials;
B. In the event of any "emergency" as described in H above;
C. During flood conditions at the intersection of Interstate 680 at Waterfront
Road impeding normal access or departure from the BFI STAR station;
-4-
D. Access for purpose of servicing REFINERY solid waste accounts.
VI. Prior to the effective date of closure of Solano Way, the REFINERY shall develop
and distribute an attachment for this agreement which provides the latest emergency
telephone numbers and emergency pager numbers to be used.
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
REFINERY and the County Administrator.
VII. Administrative changes to this document may be executed by mutual agreement of
the County Administrator and the REFINERY.
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, change to telephone numbers or pager
numbers,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,pager numbers and similar items of operational response
significance shall be kept up-to-date by the REFINERY.
VIII. Substantive changes to this document shall be mutually processed and agreed to in
writing per the REFINERY and COUNTY requirements as prescribed by applicable
-5-
i
laws and regulations.
GARY BROWN
EMERGENCY SERVICES DIRECTOR
APPROVED:
COUNTY OF CONTRA COSTA TOSCO CORPORATI N
n
PHILIP BATCHELOR CLARK S. WRIGLEY
COUNTY ADMINISTRATOR VICE PRESIDENT-RE
AND REFINERY MANAGER
Date: <.���'�' �.S� �� Date: /l' /
�� ��p
00210000
COUNTY OF C COSTA
By
,"M)&, Board of Supervisors
Attest:
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
Byr
{
Date: ��' ,� i
-6-
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
November 13, 1995
RE: SOLANO WAY CLOSURE
1. Non-Monetary Items
CONDITIONS OF APPROVAL:
a. Waterfront Road Gate Relocation
The northern closure point will be relocated from Solano Way to Waterfront
Road to provide better control of the lands to the east of Solano Way. The
final closure point and improvements are to be worked out with Public Works
Engineers.
b. Protect Utility Easements
The County will maintain subsurface road rights. Sewer,water and utility uses
of the right-of-way will have their facilities protected by the agreement;utility
staffs will have access rights along the road right-of-way for maintenance of
their facilities.
C. Option on Road Reopening
If the refinery closes down, the County will have the option of reopening the
road (since the safety concern will no longer be at issue). This will be
-1-
i
triggered if all refinery operations are closed for one year or longer.
d. BFI Solid Waste Transfer and Recovery Station (STAR) and Garbage Trucks
In times of emergency or temporary road closures (e.g., last year's flooding),
garbage trucks and transfer trucks operated by BFI will be allowed access
along Solano Way.
e. Flood Control Dredge Management Plan
Tosco and Contra Costa County Flood Control District have located an
approximate 40 acre site on Tosco lands,which has been previously identified
to be used by the agency for a dredge management site to remove dredging
materials from the Walnut Creek Channel for dewatering and transfer. Tosco
has agreed to provide a written license agreement for an approximate ten-year
period for the District's use of the ±40 acre site. The terms of the license
agreement will be worked on over the next year.
E Long Term Access Agreement
Solano Way and Waterfront Road will physically remain and will be available
for use by the public during emergencies, including transfer and garbage
trucks, and for access to the Point Edith Marsh in accordance with a written
Access Agreement to be approved by the Emergency Services Director.
g. Staging Area Improvement to Point Edith Marsh
Tosco will provide a staging area to be approved by Public Works adjacent to
the Point Edith Marsh area.
-2-
h. Closure Point Access
Tosco agrees to maintain from the end of the County maintained right-of-way
located at the eastern end of Pacheco Bridge and the Northern end of the
intersection of Solano Way with Arnold Industrial Hwy/Imhoff Drive to the
turnarounds as long as the closure agreement exists.
L Maintenance of Road Closure Facilities
On an annual or as needed basis, the County of Contra Costa Public Works
Department is entitled to inspect the closure points as described in paragraph
h. above and provide a scope of maintenance work for the facilities.
2. Monetary Issue
a. Road Closure Mitigation Fund
Tosco and the County of Contra Costa have agreed that Tosco will contribute
$5,000,000.00 toward mitigation for the approved closure of Solano Way. An
initial $500,000.00 will be provided to the fund within forty-five (45) days of
acceptance of the road closure by the Board of Supervisors. The initial
payment will trigger the transfer of road deeds and other implementation
documents. On the anniversary date of the initial payment and each
anniversary date thereafter,the sum of$500,000.00 per year for the remaining
nine (9) years for payments totaling $5,000,000.00.
3. Community Contributions
Tosco has agreed to make the following voluntary community contributions:
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i
a. Replacement Trail
The Walnut Creek Channel trail and bicycle route will be developed in
cooperation with the East Bay Regional Park District. Tosco has agreed to
contribute$1,000,000.00 per the following approved payment plan by the East
Bay Regional Park District: January 1, 1999, Tosco will contribute
$400,000.00;and on the anniversary date thereafter, $100,000.00 per year over
the following six (6) years for a total of $1,000,000.00. .All contributions will
be paid to the East Bay Regional Parks Foundation, a Non-Profit 501C(3)
Organization.
b. Pacheco Town Center
Tosco will contribute the sum of $100,000.00 toward construction of the
Pacheco Town Center to be paid within ninety (90) days of the closure of
Solano Way.
C. Vine Hill Neighborhood
Tosco will contribute a sum to be negotiated with the community of Vine Hill
for closure improvements to Arthur Road or the acquisition of the gun club
right-of-way for use of their easement on Arthur Road. Said sum will be paid
directly for the acquisition of rights or to the County Public Works
Department as a depository, depending on which option is feasible.
d. Mt. View Sanitary District
Tosco will contribute the sum of$10,000.00 to the Mt. View Sanitary District
for marshland management. The payment is to be made within ninety (90)
days of closure of Solano Way.
-4-
e. Martinez Land Trust
Tosco will contribute the sum of $5,000.00 to the Martinez Land Trust for
improvements to their marshland along Waterfront Road. The payment is to
be made within ninety (90) days of closure of Solano Way.
0021000R
11/13/95
-5-
i
ATTACHMENT B
1. Emergency Telephone Number
The emergency telephone number to be used is as follows: Main
security number is (510) 372-3120. It is an on-site telephone number for the main security.
It is always answered. This will be the primary number to be used to effectuate the access
in accordance with this Agreement.
2. Emergency Pager Number
This a 24-hour pager for Tosco's on-call manager. The number is(510)
716-7059. This number is only to be used in the event there is a problem reaching the main
security number.
002100R7
WUUD FARMS.
1 Over 30 years of recycling felle�trees and wood chips - EST.1963
i 1000 CENTRAL AVENUE MARTINEZ. CA 94553
(510) 370-2370
December 6, 1995
Mr . James W. Cutler
Contra Costa County RECEIVED
Community Development Department County Administration Building
651 Pine Street DEC 1 :::
Martinez , CA 94553-0095 .
Dear M r . Cutler : CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO,
RE: Solano Way Relocation and
the Extension of Waterbird Way .
County File #10-93-Co
Our wood recycling business is located at 1000
Central Avenue in Martinez (parcel #380-030-034) . We
need to know how the Waterbird Way Extension will affect
that business . Therefore we are requesting that your
office send to us additional information concerning
the Waterbird Way Extension as follows :
1 . Exact location of the Waterbird Way Extension .
A. A detailed map showing the Extension 's relationship
to our business .
B. How will the Central Avenue area be affected when
the Extension crosses it.
2. Access to our business and property :
A. Does the County plan to close our business because
of the construction of this Extension?
B. Does the County plan on making another entrance
to our business property ?
C. How does the County plan to protect our easement
rights?
3. Traffic on Waterbird Way :
A. Does the County have a plan to control the increase
in noise , dust , and littering?
B. How does the County plan to control the -possibility
to an increase in crime exposure?
Henry ' s Wood Farms 12/6/95 Page 2 of 2
C. When will a copy of the Environmental Impact
Report be sent to our company?
This information is requested so that we can access
the impact of the Extension of Waterbird Way and the
resulting ramifications to its targeted properties.
This is needed for responses at future public hearings.
Enclosed is a brief report an Henry ' s Wood Farms
so that you can become familiarized with our site .
Please contact us if you need further information
about our concerns .
Yours truly ,
zo 44"
Harry 0. Henry , Owner
James T . Henry , Project Manager
Enc : Henry 's Wood Farms Report
cc : Catherine Kutsuris - Senior Planner
Linda Saltzman - Tosco Refining Company
Contra Costa County Board of Supervisors
Jeff Smith, Second District Supervisor
INUUD FARMS
Over 30 years of recycling felltrees and wood chips - EST.1963
1000 CENTRAL AVENUE MARTINEZ, CA 94553
(510) 370-2370
HENRY' S WOOD FARMS
TABLE OF CONTENTS
Wood Farms. . . . . . . . . . . . . . . . . . 1
Property Site Description . . . . . . . . . .
Description of Operations:
Material Processed . . . . . . . . . . . . 3-A
Quantity of Material . . . . . . . . . . . 3-B
Method of Operation. . . . . . . . . . . . 3-C
Hazardous Waste. . . . . . . . . . . . . . 3-D
Waste from Processing. . . . . . . . . . . 3-E
Operating Days, H�urs, Site Life. . . . . . 3-F
Outgoing Materials . . . . . . . . . . . . 3-G
Uses for Materials . . . . . . . . . . . . 3-H
Biological Controls - Vectors. . . . . . . 3-1
Traffic. . . . . . . . . . . . . . . . . . 3-J
Programs . . . . . . . . . . . . . . . . . 3-N.
Hazards. . . . . . . . . . . . . . . . . . 3-L
Maps: I through 10
Endorsement letters and information.
1. WOOD FARMS - Harry D. Henry, Owner,
James T. Henry, Project Manager
Established 1964
2. PROPERTY SITE DESCRIPTION:
Wood Farms is located at 1000>00 Centra 1 Avenue in
Martinez on 3. 53 acres of industrial land North of the 680
Freeway and the Highway 4 interchange. (Pacheco Boulevard
to Arthur Road to Central Avenue to the End of Central
Avenue) .
Record of survey: 267 in Section 15, Township
North, Range c West, Mount Diablo Luse and meridian, Contra
Costa County, December 1977 - Parcel A.
3. DESCRIPTION OF OPERATIONS ON SITE
Wood Processing.
A. MATERIAL PROCESSED - Incoming Materials
Wood Farms provides for the acceptance of wood
chips, logs, and round wood from commercial sources only.
Sources are tree service and demolition companies.
Residential sources are not accepted.
B. QUANTITY OF MATERIAL
Approximately 2, 000 TPY* of green logs and round
wood are processed.
Approximately 10, 800 TRY* of green w••.•d chips are
processed
*Tons Per Year
Henry"s Wood Farms
C. METHOD OF OPERATION
Incoming wood chips are processed in a Farmhand Tub
Grinder to make decorative chips and soil conditioners.
The processed chips and soil conditioners are stockpiled
into piles. The lags are processed into round wood which
is then processed into firewood. This round wood is made
into firewood by a large, off-ground, guillotine type
wo odspl itter.
D. HAZARDOUS WASTE
N.� hazardous waste has ever been accepted nor will
be in the future. All incoming loads are carefully
inspected.
E. WASTE FROM PROCESSING
Wood Farms utilizes all the left over material from
the firewood operations.ins. Waste from the firewood operation
is ground into decorative chips. Nark from the log? are,
ground in the Tub Grinder and then used for decorative
chips or soil conditioners.
F. OPERATING DAYS, HOURS, SITE LIFE
Hours of operation are 7:00 a. m. to 4:30 p. m.
closed weekends and holidays and during inclement weather.
Henry"s Wood Farms
G. OUTGOING MATERIALS
Firewood is sold by the cubic foot and is picked up
at the site. The firewood sales are seasonal being limited
to the Fall and Winter. The hours and days of the sales
are Wednesday through Sunday, 8:00 a. m. to 4:30 p. m. and
closed on Holidays.
Decorative chips and soil conditioners are sold by
the cubic yard and delivered ��r picked up at the Wood Yard
site. More than 95% ��f these materials are delivered by
truck.
H. USES FOR MATERIALS;
Firewood is used in fireplaces and barbecues.
Decorative wood chips are used the same way that Redwood
bark chips are, as a landscape ground cover or mulch.
Soil conditioner is used as fine mulch or to amend
soil.
I. ETIOLOGICAL CONTROLS - VECTORS
1. Fly control consists of releasing parasitic
insects to control houseflies, blue- and green-bottle
flies, and stable flies, semi-annually. Inspections of the
site is done regularly to control vectors.
c. Oder is not a factor at this location.
3. Noise and Dust
Dust and noise are not a factor at this location.
Henry"s Wood Farms -4-
J. TRAFFIC
There are an extimated 25 vehicles that come to the
Wood Farms facility on a daily basis. All are encouraged
to drive slowly while going to and from the Wood Yard. Out-
company
urcompany has asked the neighborhood
residents to report any problems that visitors to our
facility may cause.
K. PROGRAMS
A handling charge is for separating unusable
debris that aright damage the Tub Grinder. Any debris that
is not acceptable is hauled off at their expense. A
handling fee is charged to separate oversized wood from
wood chips that have been dropped off. There is no fees
for r�undwood or logs.
L. HAZARDS
There can be hazards associated with equipment
operation�n but these are minimized by properly trained
equipment operators. Vectors and controlled by proper
and frequent inspections of the site. Contaminants are
avoided by visual screening of the material that is
brought in. Leachates are controlled by proper grading
and proper drainage.
REGIONAL LOCATION MAP FIGURE I
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FIGURE Z
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14
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d
LAFCQ SPHERE OF INFLUENCE MAP FIGURE 3
SOURCE. COMMUNITY DEVELOPMENT DEPARTMENT
CONTRA COSTA COUNTY.JUNE 1986 1
IPROJECT SITE FEET.•,»•, t._G� daoo
»•• •••••••••••••• • Q ".
CAROUINEZ STRAITS *••�f.•'` :.;'�}ARSHIANd i �P��PFP
• SUISUN BAY
�tiF `••. 1
CO
RSC I• _ Ff •
• ��0 i• i
: A4O��c000I
• i' :9Q :; O$C(�O
•
:. m '.
....
•••
i rri •
a
• HIGHWAY 4
i•
• i
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i
�F'�C/tc••�
ALHAMBRA ••
` 9 •• BUCHANAN
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• L :;:; i•• TAYLOR
»' !! '.:
•»•� :cry' » �� •
'•• : ••»ri»s
• 'rr•r•
9�
94
LEGEND A
MA RTi N EZ CITY LIMITS(611986) f
MARTINEZ SPHERE OF INFLUENCE(611986) °
LAND OWNERSHIP MAP FIGURE I
x
INTERIM TRANSFERbsc ��--_...,
STATION SITE P1EA ',o EO(�� ; . 1N .
................
...........................
ACME FILL ::
CORPORATION :....: : ...::: +
M :: ►
...................
..................
Z Radio"
�'91F9 j owerc
KEENELAND :ASSO ,
PERMANENT TRANSFER --
�u STATION SITE _:_..__ ....... ...........
MARTINEZ
r; P GUN CLUB
20
ESIDE1�ITIAL ; C D T
!b
E Row
C
- TRA; ��:� r � .��,•• _/��'• -- � � � �:: p? i
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0 i.ng Sta
;' .!•� -- �' ' it � \��. _ L �' ' �" '�' �.
• •
hon, \
176
r
FEET . `
SOURCE: TORREY 8 TORREY INC.
0 S00 1000 2000 0
J wF 55
j JRA
LAND USE MAP
FEET NOMONJ
0 IOutl 2000 4t100
/'
CCCSD OUTFILL
IT CORP. -� • . Avl/},
VINE HILL PLANT�~' •'��%�'' ^ 5''lrnu.+
:. LANDSEA TERMINAL lo
+�,•+ ',j PROPOSED ••• • ''� ,� TOSCO REFINERY
INTERIM, ;••;:• •.o� ;,.••• :• ;..; Id.P11ikFY
�.: TRANSFER" •' •' . / „'��.,' // ,.
STATION SITE'" •."��`' .�r,•: •
;.•�„ ,• ACME •• ' �' . . • .Ltr.11.: •"
ND t
..... • '. ••.......i. �`:. LANDFILL •� ,��'. .,.�•,': {�.'. � :'�•{dt/rnNln u
•,NEI. �. �. •� ':x:_\ �•.� , . ���•��• .•�fJy t ' I � \\,". � '':r I� .
KEENELAND ASSOC. •.. ;? + ®� .► , 1 '
�'++r{ •:,� (VACANT).`�'l�l::� L:• \.�;: ..; • •• } + \, r
0 M
.� ;• ---- ARTINEZ GUN CLUB Tleyrhu•r
SHELL REFINERY 1 !�l
. ..�-w :� . �� :,r.•..0 0•.• •.iti• ,.......Y .:• ;;';�-.IT COPR. BAKER PONDS
:.:•!PROPOSED PERMANENT,".:.• :.;' ..�-.�.�•
+ " " '•••'' % 22 ACRE ACM
TRANSFER STATION SITE '•.�\ :t •;•'.•_•:� •: »: ;,; :.� r,ra,•., . ACMELANDFILL
-! (BORROW PIT). ` .• %p �!� oil.
_�•.;j-•� a .CC WATER DISTRICT '� . ,\ : ;t�', .1 •
1 1' c�` '` burr' ' i�, ~CtiAW� `q 'SiYlur'••( N'.V`•. I )� ``�:• 1., I : •
� ��` rte. •r { ''. ,, .� c /.' -i i�I•� •Vr�' �' '�a t,� • �••��\•`,. f; •
�1;�.•:rl11)I., .00 �— Vitie 11iIL %• ��".• '`: ORP. :..,\/ +\ ;?h, \ • ?�•i •�� r • • (ul
��, • �.'�r � M Lo
z, I Il��lu.� ., •:►.• •HENRY'S %-J,DOD20
Ct
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AI
jjwy
1 .t,� 1 •t•''•�.♦. I }+i'.rJ r fJ.i►���' ^ , ) I`••�` A '�. (1'�I l.\I/1,It A
�,' ,:•} M'A1 .'1�I�� ��i 17. r 'v':,. `�1..� / / ,�•'l, ti �.r
1G� l'�''..�'/f' l . �..•.v/ ,,." P^.}Mlln.l� I1M}I' \7 �' — J.i •7 \` 111 k.l f;t O
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SOILS / GEOLOGIC / SEISMIC CONDITIONS FIGURE 6.
INTERIM TRANSFER
STATION SITE \/ /� 1:\'.,ate\I!\ 11.11 \ ,i���.,•'•a f ,.'1`r�'..
' /_ I; — »
_
Imo' ;_ .;.,.�1'i11f�'-J\�:/1Ii�1�`=1;aw�I1\`1�`�7.1_\ \I\ �7 1 +\♦ �i 1 I`I- �•
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r r
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-/- /•~E�11�a11�, , ,�',�rji F'1 /\� h:�;/.r•.-_Jt1�':1\i.-,./\ -.���'�� U�-\ \- '` I 1 '-
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1
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4 ♦ i 'per . \-1 \ �a 1 \/ 'i
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o
PERMANENT TRANSFER
STATION STATION I I,aria ra , ► /,_/,1 --
7
-
, .. tel.*-.• :. ,:' \<I � \ t�;j'' _"-
''\,,.:i �, + ` -•�- - \�\�\ \.ilk/
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\ , \\�C`. \� ` ' • i if i I� `/„� /•+' `\��
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Avon segment
of Concord Fault
® Alquist-Priolo
Special Studies Zone
:`. Bay Mud(Omni Soils) , -�,;_•7f1 .'�1,.;-, :V
ElResidual Soils over Bedrock ��
(Altamont clay) �' hon �,; •
® Residual Soils over Bedrock s.
(Lodi silty clay loam) r-. 1 76 �1.....::_:...— _.....
SOURCE. TORREY 6 TORREY INC.
FEET SOIL CONSERVATION SERVICE
G S00 1000 2000
• Nom+` �5
S �
o ° - - N
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'sa N
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FUTURE EXTENSION OF FIGURE 'S
• WATERBIRD WAY SOUTH
FEET Mmr—� t
0 1000 2000 4000
i
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von
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F+'S'�tio�owgy PERMANENT
TRANSFER
Fti R
STATION SITE
1"
• • • •• -� 4... ._ 9Z -
i r -r1 ••' 4r • t .; •
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rc ti n,r _ ;...Juntas 'r - ` • - •._ • • • •
txry
- - ' . ^—,• `•. \ �-. '.i� OPO: _�•; t
mlamwAy
all
Legend: .. Proposed Alignment SOURCE:CONTRA COSTA COUNTY
_ COMMUNITY DEVELOPMENT t
Alternative Route DEPARTMENT.JANUARY 1987
0— 71 00
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Central Contra Costa Sanitary District
ROGER J.DOLAN
General Manager
ChiefEngineer
May 17, 1993 KENTONL.ALM
Counsel for the District
(510)938-1430
JOYCE E.MURPHY
The Honorable Tom Torlakson Secretary oflheDistrirt
County Administration Building
651 Pine Street, Room 106
Martinez, CA 94553
Honorable Torlakson:
HENRY'S WOOD FARM
All of us who are involved in solid waste are endeavoring to meet the State-mandated
goal of 25 percent reduction by 1995. In order that this ambitious goal be met, green
waste must be composted. Alas, backyard composting alone will not allow us to meet
our diversion goals. Larger scale composting is the solution which will get us over the
top. Currently, Henry's Wood Farm is exactly the kind of approach to waste diversion
that is being pursued both by franchising agencies and those in the private sector. Mr.
Henry's experience and expertise in composting makes him a valuable asset to both the
County's recycling efforts and to the spirit of recycling and waste diversion.
It is requested that the County assist Mr. Henry in his effort to keep his composting
service available to County residents. Currently, Mr. Henry is diverting countless tons of
waste from the landfill and producing a product that is both usable and generates tax
revenue for the County. This kind of enterprise where everyone wins is rare in the solid
waste diversion field. It is requested that your staff work with Mr. Henry to assist him
in bringing the Henry's Wood Farm operation into compliance with regulations so a small
business can thrive and an important waste diversion effort continue to be made available
for County residents.
Sincerely,
John B. Clausen
u,-Kesident, Board of Directors
PM/hb
cc: Board of Directors J. Murphy
R. Dolan Henry's Wood Farm
E. Jacobs
P. Morsen ADS/Morsen#3/HenryWd.1tr
BOARD OF DIRECTORS
WILLIAM C.DALTON BARBARA D.HOCKE77 JOHNB.CLAUSEN MARIOM.MENESINI SUSANMCNULTY1WAEY
President
®Recycled Paper
HOB
WOOD CHIP ADVENTURE 4
TAIN'T FIT to make storm sidin' for a ty. The International R-182, which tows s'
whirlwind!—the phrase with which the Chipper and efficiently handles the ;t
veteran sawyers often size up scrub oak concentrated chip loads,has immeasurably
and other unwanted tree growth— is at- cut the department's equipment require-
chaic so far as Oakland, Calif., tree con- ments. Before this advance in municipal N _
servationists are concerned. Their Park tree management, it took the services of
Department's significantly named "Chip- six trucks to haul the log and limb con-
per," which ingeniously works in combi- glomerate away from the tree cutting site.
nation with International motor trucks, And with metropolitan dumping space ata '
makes every scrap of wood usable. And premium, the turn to a less-bulky concen-
it's shaving taxpayers' dollars off the price trace was ideal. But the new story hardly
tags on such things as municipal disposal ends on that note.
facilities. Transformation of branches into , ..
The operation which has the West Coast ground wood,for example,does not result ,
community more than moderately agog is in a worthless pile of chips. The yield is a "
a technique that virtually eliminates the useful product which makes for the health
herculean chores normally attending cut- and comfort of mankind.Chips provide an
ring, trimming and hauling tough, persis- ideal covering for horse trails and riding
rent, :ong-lived cree growth on city-owned arenas and are used as fertilizer in future
property. Workmen methodically strip planting areas. And even now, ingenious
lofty trees of branches and brush up to four minds are thinking of other ways to utilize Z.111 ,x
inches in diameter, lower them into the the material.
Chipper where they are macerated on the William P. Mott,Jr.,Oakland's Super-
,_ene and blown directly into the capacious intendent of Parks, related another facet
loadspace of an International dump truck. of the new dimension in Oakland tree
Power saws make short work of what little's cutting:
left of the denuded trunk. Or, if space and "Chips are a very good smog preventa-
other conditions permit, tree bases are tive," he said. "The San Francisco Bay
jetted with water and pulled over with a Area is well aware of neighboring city's '.1`•
winch truck. struggle to rid itself of the combination of
Obviously, the systematic ridding of smoke and fog,commonly known as smog.
Parks and boulevards of trees which deny The Chipper obviates the burning of tree
light,air and moisture to new growth, has branches."
`.ts practical and economic aspects for Oak- Then, in a burst of civic pride, he
!and. The process, done at the rate of one added, "We're helping Oakland enjoy
;ree every 30 minutes,enhances civic beau- clear, blue skies." High over heads of other crew member:, comber
strips tree of limbs, lowers them for maceration.
,Fy..
1 ,
•- ''1�ENt Os ryf
rtment of the Interior
United States Depa
o
NATIONAL PARK SERVICE
WESTERN REGION
IN REPLY REFER To: 600 HARRISON STREET. SUITE 600
SAN FRANCISCO,CALIFORNIA 94107
April 8, 1992
Henry's Wood Farm
1000 Central Avenue
Martinez, CA
Dear Henry:
I was pleased to have the opportunity to visit your Wood Farm and to see first hand
your composing operation. You are on the cutting edge of a technology that must be
put into effect. No longer can we continue to dispose of wood, brush, and organic
material in dump and cover sites. Space for such operation is becoming scarce and
this type of disposal of waste is as outmoded as the concept of using large bodies of
water as dilution for pollution. Your composing operation not only will reduce
substantially the volume of material going to the dump but the compost will be
invaluable in adding back into the soil the organic material and firtility so necessary.
Your program is environmentally sound and must be expanded and promoted. No
longer can we waste organic material in dump and cover sites.
Sincerely,
William Penn t. Jr.
Special Assistant to the Regional Director
Western Region
P.J.Mc AMARA 405 Freda Ct. • Martinez, CA 94553 - (510) 228-9558
Contractors Lic. 494467
Landscape Contmactoa
To Whom It May Concern,
I own and operate a commercial landscape maintenance
firm in Martinez . Before Mr . Henry began his composting and
recycling business, we dumped approximately 800-1200 cubic
yards of organic waste into Acme Fill per year . Since
Henry ' s Wood Farms opened , we have reduced our contribution
to Acme Fill to less than 2( rWo ) cubic yards per week .
Furthermore, the extremely cost effective mulch and wood
chip products which we buy back from Mr . Henry have been well
received by our commercial clients and have enabled us to
measurably reduce our use of irrigation water and pesticides
throughout Contra Costa County . Without the symbiotic
relationship between Henry ' s Wood Farms and landscapers like
us, such commercial mulching activities would be cost
prohibitive.
Mr . Henry does nothing more day in and day out than do
many cities ( including the City of Martinez ) at the end of
the Christmas season when they grind up Christmas trees and
give away the mulch . rhe only difference is that Mr . Henry
does it efficiently and on a dependable scale so that I and
my colleagues in the landscape industry can move the products
into the marketplace for use by our clients.
It is beyond me how something that is not wasted can be
considered solid waste. When we deliver our pre-sorted
materials to Henry ' s Wood f=arms, we are delivering raw
materials. When those raw materials are processed by Mr .
Henry into an end product , we buy it back . Where ' s the
waste?
Mr . Henry and his crews monitor very well the types of
materials we deliver . He is very specific about what he
accepts and does not accept . As a direct result of our
relationship with Mr . Henry, our refuse is sorted and
recycled to an extent unimaginable when we still dumped at
Acme Fill .
Finally, I would like to believe that the zeal with
which the County has decided to scrutinize Mr . Henry is
uniformly applied , but I confess that I think not . While it
may be within it ' s legal rights to assault Mr . Henry ' s
livelihood, it would be shameful for the county not to let
Henry ' s Wood Farms continue to operate while the process
takes it ' s course unaccelerated .
-in erely ,
Patrick J . McNamara
Owner
P.J .McNamara Landscaping
Kristin Yanker-Hansen
569 Con tada Circle
Danville, CA 94526
415 831-9499
February 13 , 1992
Mr . Harry D. Henry
Henry ' s Woodfarms
1000 Central Ave .
Martine= , Ca 94553
Dear Mr . Henr*., .
T
When Ka r'l-ly Echc I s tel;: me of e.,_ _ ?n.. - i was t'-Ir I I I ed lave
been ioc,fing an on,::olng s :urcs c` mn, :Inui ch, 'for a '., on.,- t _me .
I
do n o t I l ,., t h MI,in S r C a I v a a'L r ea w G---d a..d' _-e U-1 a r m,u I c h e s
1 7 OZ ;re=k an.d don ' t create chs
i:ntil i Scv
U�_ lv::_ nad rely ol- varic�u_a
, I d
S 7 7h= ' iJ i v y
L :n my a
were _avali -an te-
a,-, -an allrid gar-diener . anit4. know
r 1-
. -, - ,.n-, a 3,Dlis are =zse` _ : �i maki,g r_h,em and us--: .
t
f r iii , i h.a s ma:
C,h;--m c a oazrt c,--- the sewa,;e it -c f: Ieci s .
argue ag_ains`_ usi=ng mushroom compost because of hi :th salt
content . Other mat—_--rials are exceptionally expensive.
Here you are providing three wonderful p-rod-lucts for the garden .
Your mulch is a wonderful q,--,al *- ty , and I 'find your method of
heating it up to 150 degrees very reassuring 'TL 1.- -he so4 ' 7,x a- 4 -he
'
ver: composted mix are fabulcus additives tc� the soil.
1 have been telling all, my friends about YOL-- wonds-ri:u! ;roduct . It
also fits into our desire to reduce the landfill volumes , and
putting the organic materials to suc.-. a marvelous use .
have been waiting for someone to start this process . I wis-.-- you
the best in continuing this fabulous work.
Sincerely,
Kristin Yane�r-Hansen
DAVEY TREE SURGERY COMPANY
POST OFFICE BOX 351,LIVERMORE,CALIFORNIA 94550
I`
f
r
September 19, 1991
To Whom it May Concern:
I am writing this letter to express my concern regarding Henry's Wood Farm in Martinez.
We have been disposing wood chips from our tree trimming operations for over a year. It has been
very beneficial to us in several ways.
In today's recycle conscious society, many people are pleased to see organic by-products such as
lawn clippings and tree trimmings recycled back into our environment.
I have attached to this letter an article published by the California Chamber of Commerce with
regard to California's Landfill Capacity. In addition to reducing landfill, Henry's is also an economic benefit
for my operation as i don't pay disposal fees.
If I can be of any further assistance please feel free to contact me at(510) 443-1723,or leave a
message at 1-800-727-7782 ext. 320.
incerely,
Paul Wilkinson
Area Supervisor
Davey Tree Surgery Company
PW:mm
It
He,nrys Lf/� �a✓.�.� 3'c�tk��� __
7%" il is d, sw 406Y aq/4 -
1 hie 6.o.,, a fte �f�.,.,•7s cn�p�f�
Gv.r.� �Zr.►�e �j,c y�rrd. � .20� d� a�- �c. t�0�.�rJ�/
�r��, g.•� r,�oo hc� sus Q,i�.. �.� �.t..� �.o�•.�.
- / ���"� V
�7-q�s rQC�u� Sd1r.�
o v
v
6 PS- 88�
�R K
"Mike McCall Landscape
3232 Pacheco Blvd.
Martinez, California 94553
510/370-0703
Ucense No. 429344
i n
r�a a i, I'. :
To Whom It May Concern;
This letter is being written in defense of Harry Henry who owns and operates Henry's Wood Farms.
We are a large landscaping firm who operates in Contra;Costa County on Pacheco Blvd, and we are
well acouainted with Harry Henry ana his ousiness we have been usino the compost and snredded
'mood products that Harry produces for .veil over a /ear and we are extremely happy with the
IJualrty ana price of tnese oroducts. in addrtion to ouvina proaucts from Harrv, he. takes the
majority of the grass clippings that we produce from our landscape mainterance division that
would have normally been sent to a lanat111
UUe to these aforementioned facts. we are very 01ctur`00I3 to hear about the on-going battle that
HO,rr.,I ! as had with the Con , -�: C my �"reaucrats'r>h�;, want to dr ive him out of business.
��, tr„ �.,,,. cul,, .,,.
Nancv Fanoen. 1n particular.. has peen aggressive In her attacks on Harry in the name of
"N. oyl esJ •.,an t UIt"i I INerat Juperv,sor fIIIu anytlliny uat,er to up wit,l her tIme than haruJJ 111111
ana sueiect him to endiess ruiaS ana reguiations ano nave no basis in common sense% Harry is
perfc:rniing a valuable service through his 'recycling' business which ends up protecting the
environment throuon the Conservation of Scarce water ano a redUrtion to the use of wg�.17 k 1 i i ing
hertdcldes.
We call; on the County, to Lease its attacks on Henry's Wood Farms and allow his business to try to
survive in this recesslonary economic cwie that we are presentiv miree in. instead of
chostisment, the County should be commending this man for his creative use of a material that was
previously wasted!
N icnael Ualke
Mike McCall Landscape
Pacific Rim Recycling
"recycle today for a better tomorrow"
April 2, 1992
Mr. Harry Henry
Henry's Wood Farms
1000 Central Ave.
Martinez, CA 94553
Dear Mr. Henry:
Pacific Rim Recycling has enjoyed our current business relationship with
your firm. You have provided us a market for hundreds of tons of
recyclable wood, and have helped our clients in meeting their City's
recycling goals.
We look forward to continuing to do business with you and to expanding
our relationship to include the marketing of your finished products to
some of our clients.
Sincerely,
Neil Cutler
Program Manager
3690 Sprig Drive (707)746-6067
Benicia.CA 94510 FAX (707)745-8273
Recycled Paper
WUUD FARMS
Over 30 veers of recyclMgfelle trees and wood chips - EST.1163
1000 CENTRAL AVENUE MARTINEZ, CA 94553
(510) 370-2370
Order No. 715045
Page 6
LEGAL DESCRIPTION
REAL PROPERTY in an unincorporated area, County of Contra Costa, State of
California, described as follows:
PARCEL ONE:
Parcel A, as shown on the Record of Survey, filed January 26, 1978, in Book
64 of Licensed Survey Maps, Page 3, Contra Costa County Records.
EXCEPTING THEREFROM:
An undivided- one-half interest in and to:
"All oil , gas, casinghead gas, asphaltum and other hydrocarbons and all
chemical gas now or hereafter found, situated or located in all or any part
or portion of the lands above described lying more than five hundred feet
(500) feet below the surface thereof, together with the right to slant
drill for and remove all or any of said oil , gas, casinghead gas, asphaltum
and other hydrocarbons and chemical gas lying below a depth of more than
five hundred feet (500) feet below the surface thereof, and the right to
grant leases for all or any of said purposes, but without any right what-
soever to enter upon the surface of said lands within five hundred feet
(500) feet vertical distance below the surface thereof", as reserved in the
Deed from Swinerton & Walberg Co. , et al , recorded July 1, 1964, Book 4650,
Page 115, Official Records,
PARCEL TWO:
A right of way (not to be exclusive) as an appurtenance to Parcel One
above, granted in the Deed from Swinerton & Walberg Co. , et al , recorded
July 1, 1964, Book 4650, Page 115, Official Records, "for use as a roadway
for vehicles of all kinds, pedestrians and animals and as a right of way
for water, gas, oil and sewer pipe lines and for telephone, electric light
and power lines, together with the necessary poles or conduits to carry
said lines, over a strip of land 60 feet in width the East line of which is
described as follows:
Beginning at the West Bank of Pacheco Slough at the most northerly corner
of Parcel One above; thence from said point of beginning along said West
Bank North 350 12' 40" West, 437,45 feet and North 130 431 . 15" West, 392.65
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Order No. 715045
Page 7
feet to the southeast corner of the 27.46 acre parcel of land described in
the Deed from Lindgren & Swinerton, Inc. , to Martinez Gun Club, recorded
July 15, 1959 in Volume 3412 of Official Records, at Page 41. The westerly
line to be "lengthened to extended from the North line of Parcel One to
the South line of the Martinez Gun Club Parcel (3412 OR 41) ."
PARCEL THREE:
A right of way (not to be exclusive) as an appurtenance to Parcel One
above, granted in the Deed from Swinerton & Walberg Co. , et al , recorded
July 1, 1964, Book 4650, Page 115, Official Records, "for use as a roadway
for vehicles of all kinds, pedestrians and animals and as a right of way
for water, gas, oil and sewer pipe lines and for telephone, electric light
and power lines, together with the necessary poles or conduits to carry
said lines, over the parcels of land described as follows:
(a) A strip of land 25 feet in width, the southeast and southwest lines of
which are described as follows:
Beginning on the southerly line of Rancho Las Juntas at the most southerly
corner of Parcel Two above; thence from said point of beginning South 770
28' West, along said Rancho Line, 648.89 feet; thence North 580 34' 30"
West, 512.81 feet to a point designated 'A' .
(b) A strip of land 50 feet in width the center line of which is described
as follows:
Beginning at point 'A' above designated; thence from said point of
beginning North 300 46' 40" West, 750.10 feet; thence North 570 111 26"
West, 377 feet to the center line of Central Avenue as shown on the Map of
Vine Hill -Manor, filed in the Office of the County Recorder on April 3,
1953 in Volume 50 of Maps, at Page 14."
PARCEL FOUR:
"A right of way (not to be exclusive)", created in the Deed from Lindgren &
Swinerton, Inc. , to Martinez Gun Club, recorded July 15, 1959 in Book 3412
of Official Records, at Page 41, as an appurtenance to Parcel One, "for use
as a roadway for vehicles of all kinds, pedestrians and animals, for water,
gas, oil and sewer pipe-4-i.nes, and for telephone, electric light and power
lines, together with the necessary poles or conduits" over the East 100
feet (right angle measurements) of said Martinez Gun Club Parcel .
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Order No. 715045
Page 8
PARCEL FIVE:
"A right of way (not to be exclusive)" , created in the Deed from Lindgren &
Swinerton, Inc. , to Martinez Gun Club, recorded July 15, 1959 in Book 3412
of Official Records, at Page 41, as an appurtenace to Parcel One, "for use
as a roadway for vehicles of all kinds, pedestrians and animals, for water,
gas, oil and sewer pipe lines, and for telephone, electric light and power
lines, together with the necessary poles or conduits" over the North 25
feet (right angle measurements) of said Martinez Gun Club Parcel .
PARCEL SIX:
"A right of way (not to be exclusive)", created in the Deed from Lindgren &
Swinerton, Inc. , et al , to Acme Fill Corporation, recorded November 4, 1960
in Book 3738 of Official Records, at Page 214, as an appurtenance to Parcel
One, "for use as a roadway for vehicles of all kinds, pedestrians and ani-
mals, for water, gas, oil and sewer pipe lines, and for telephone, electric
light and power lines together with the necessary poles or conduits", over
a strip of land 25 feet in width, the South line of which is described as
follows:
Beginning at the most southerly corner of the parcel of land described as
Parcel One in said Deed to Acme Fill Corporation (3738 OR 214) ; thence from
said point of beginning, along the South line of said Parcel and along the
South line of the parcel of land described as Parcel Three in said Deed
(3738 OR 214) , North 860 59' 20" East, 1700.61 feet to the southeast corner
of said Parcel Three (3738 OR 214).
PARCEL SEVEN:
A right of way (not to be exclusive) , as an appurtenance to Parcel One
above, granted in the Deed from Swinerton & Walberg Co. , et al , recorded
July 1, 1964, Book 4650, Page 115, Official Records, "for use as a roadway
for vehicles of all kinds, pedestrians and animals, for water, gas, oil and
sewer pipe lines, and for telephone, electric light and power lines,
together with the necessary poles or conduits" over a strip of land 30 feet
In width, the northwest line of which is described as follows:
Beginning on the northwest line of the parcel of land described in the Deed
from Carrie I. Lawless to Wm. Gottschalk, et ux, recorded October 6, 1938
in Volume 469 of Official Records, at Page 323; thence from said point of
beginning South 56" 16' West, along said northwest line to a point which
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Order No. 715045
Page 9
bears North 33° 52' 36" West, 30 feet from the most westerly corner of Lot
10, as designated on the Map entitled "Vine Hill Manor, Contra Costa
County, California", which Map was filed in the Office of the Recorder of
'the County of Contra Costa, State of California, on April 3, 1953 in Volume
50 of Maps, at Page 14.
PARCEL EIGHT:
."A right of way (not to be exclusive)", as an appurtenance to Parcel One
above, reserved in the Deed from Wm. Gottschalk, et ux, to Floyd E. Laney,
recorded July 11, 1946 in Book 924 of Official Records, at Page 112, "for
use as a roadway for vehicles of all kinds, pedestrians and animals, and as
a right of way for water, gas, oil and sewer pipe lines and for telephone,
electric light and power lines, together with the necessary poles or
underground conduits to carry said lines" over the northwest 30 feet (right
angle measurements) of said Laney Parcel (924 OR 112).
PARCEL NINE:
Right of way (not to be exclusive) as an appurtenance to Parcel One, above,
granted in the Deed to Harry 0. Henry, et al , recorded August 12, 1964,
Book 4680, Page 579, Official Records, "for vehicles of all kinds,
pedestrians and animals, for water, gas, oil and sewer pipe lines, and for
telephone, television service, electric light and power lines together with
the necessary poles or conduits", being a strip of land 50 feet in width, the
North line of which is described as follows:
Beginning at the most westerly corner of the parcel of land described in
the Deed to Martinez Gun Club, recorded July 15, 1959, Book 3412, Official
Records, Page 41; thence from said point of beginning, along the direct
extension South 860 59' 20" West, of the North line of said Martinez Gun
Club Parcel, 333.59 feet to the northwest line of the parcel described in
the Deed to Wm. Gottschalk, et ux, recorded October 6, 1938, Book 469,
Official Records, Page 323, the westerly terminus of said strip of land is
the northwest line of said Gottschalk Parcel and the easterly terminus
thereof is the southwest line of said Martinez Gun Club Parcel .
PARCEL TEN:
Right of way (not to be exclusive) as an appurtenance to Parcel One above,
granted in the Deed to Harry 0. Henry, et ux, recorded January 29, 1971,-
Book 6306, Page 630, Official Records, "for use as a roadway for vehicles
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,TR•2
Order No. 715045
Page 10
of all kinds, pedestrians and animals, and as a right of way for water,
gas, oil and sewer pipe lines and for telephone, electric light and power
lines, together with the necessary poles or conduits, to carry said lines
over the parcel of land hereinafter described as follows:
Commencing at the southeastern corner of said Acme Fill Parcel One (4677 OR
761) ; thence from said point of commencement North 190 33' 50" West, along
the southeastern boundary of said Acme Fill Parcel One (4677 OR 761) , 41.76
feet to the true point of beginning of this description; thence from said
point of beginning; leaving said southeastern boundary, South 36°30' 07"
West, 63.19 feet to a point on the southern line of said Acme Fill Parcel
One (4677 OR 761) ; thence South 770 28' 00" West, along the southern line
of said Acme Fill Parcel One (4677 OR 761) , 38.12 feet; thence, leaving the
southern line of said Acme Fill Parcel One (4677 OR 761) , North 360 30' 07"
East, 108.79 feet to a point on southeastern boundary of said Acme Fill
Parcel One (4677 OR 761) ; thence South 190 33' 50" East, along said
southeastern boundary, 30.13 feet to the point of beginning. "
A.P. No. : 380-030-034
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