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Conduct a noticed public hearing; Determine that the vacation and parcel transfer of a portion of Liberty Island Road (County Road No. 1490) is consistent with the Solano County General Plan; and Adopt a Resolution of Conditional Vacation to authorize the Director of Resource Management to execute all necessary documents to conditionally vacate a portion of Liberty Island Road including the transfer of properties to the State of California (4/5 vote required)
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Published Notice Required? Yes _X__ No _ _
Public Hearing Required? Yes _X__ No _ _
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board of Supervisors:
1. Conduct a noticed public hearing;
2. Determine that the vacation and parcel transfer of a portion of Liberty Island Road (County Road No. 1490) is consistent with the Solano County General Plan; and
3. Adopt a Resolution of Conditional Vacation which authorizes the Director of Resource Management to execute all necessary documents to conditionally vacate a portion of Liberty Island Road, including the transfer of property to the State of California (4/5 vote required).
SUMMARY:
In February 2021, the Department of Resource Management received a petition from EIP California, LLC. (EIP, Attachment A), requesting that the County of Solano vacate a portion of Liberty Island Road (County Road No. 1490), east of the City of Dixon. The Lookout Slough Tidal Habitat Restoration Project (Project) being pursued by EIP through coordination with the California Department of Water Resources (DWR) will build a new flood control levee along with tidal wetlands west of Liberty Island Road. The Project will provide significant flood control and habitat benefits to the area and will require the Liberty Island Road levee along Shag Slough be breached, resulting in the need to remove the Shag Slough Bridge. The portion of the public road right of way being considered for vacation and currently maintained by Solano County begins at Liberty Island, heads west across the Shag Slough Bridge, and then continues north for 1.6 miles along the Shag Slough. As part of the process, the parcel that contains the Shag Slough Bridge will be conveyed to the State of California, with a State dedication of right of way to Solano County for a vehicle turnaround area (Site Map - Attachment B).
The Department has worked with EIP and DWR to process the vacation petition and has reviewed the issues related to the road and bridge. On November 2, 2022, the Zoning Administrator made a finding that the vacation would be consistent with the Solano County General Plan (Attachment C). On April 23, 2024, the Board set a public hearing date (Attachment D) for May 14, 2024 to consider the vacation.
The Department recommends that the Board review the Zoning Administrator’s findings and determine that the roadway vacation and parcel transfer is consistent with the Solano County General Plan and adopt a Resolution (Attachment E) to conditionally vacate a portion of Liberty Island Road, which includes a requirement for the execution of an indemnity agreement, transfer of the Shag Slough Bridge parcel to the State of California, and dedication of new public right of way from the State of California.
FINANCIAL IMPACT:
The cost of processing this vacation request is being paid for by EIP and DWR. The vacation of this road will result in a cost savings to the Road Fund due to reduced maintenance needs for the roadway and bridge. The Federal Highway Administration and Caltrans have required EIP/DWR pay Solano County $399,385 for the remaining fair market value useful life compensation of the Shag Slough Bridge, though these funds must be reinvested by Solano County into a Federal Highway Administration eligible transportation project (project to be determined). There is no impact to the General Fund.
DISCUSSION:
The Project
The Project proposes to vacate the public right of way interest in the roadway along Shag Slough and the Bridge parcel crossing Shag Slough, which includes demolition of the Shag Slough Bridge and breaching the Shag Slough Levee. By breaching the Shag Slough levee, the Project will flood adjacent lands and create approximately 3,000 acres of tidal marsh that significantly expands the Yolo Bypass flood storage and conveyance with a dual habitat benefit. DWR entered into an agreement with EIP to facilitate environmental clearances and construction of the Project. The County initially received the road vacation petition from EIP. However, DWR subsequently acquired all the lands adjacent to the Project area and has submitted a succession letter to support the petition request (Attachment F). Department staff have been meeting with EIP and DWR, as well as other interested agencies, over the last couple years to review and facilitate the road vacation petition.
Removal of the Bridge is necessary to reduce hazards during Project construction and to eliminate an attractive nuisance with potential liabilities once the road has been vacated and levee breeched. Removal of the structure would be wholly at Project cost. Since the Shag Slough Bridge was originally built using federal funds, the Federal Highway Administration and Caltrans have required the Project proponents to pay to Solano County $399,385 as compensation for the remaining useful life which must be repurposed into a federally eligible project. The Bridge would be demolished by the Project after all permits are obtained. The parcel underneath the Bridge is currently owned by Solano County and would be transferred to the State as part of the Project. The transfer of this property requires a 4/5 vote of the Board as part of the Resolution.
As part of this process, the Board must find that the public right of way vacation is consistent with the General Plan and make the determination that Liberty Island Road right of way along and over Shag Slough is unnecessary for present or prospective public use. The Zoning Administrator reviewed the Project proposal and made a finding that the vacation would be consistent with the Solano County General Plan (Attachment C). By adopting the Resolution of Conditional Vacation, the Board would be confirming General Plan consistency and the lack of necessity for the right of way.
If the Board chooses to move forward with vacation and transfer of the properties, then authorization for the Director of Resource Management to record a conditional Resolution of Vacation would be granted. Once all conditions of the Resolution of Vacation are met, the Director would then have the documents recorded and the right of way and parcel in question would no longer be held by Solano County.
Past Board Action and Indemnity Agreement
The Board considered a vacation hearing process in 2022, but the Project experienced a challenge to portions of the EIR under CEQA and the hearing was continued, creating delays to the process. EIP and the Department have prepared an indemnity agreement to address liability related to EIR challenges. If the Resolution is approved, an indemnity agreement will be executed by the Director of Resource Management, which requires EIP to defend and hold harmless Solano County against any such legal challenges.
The Board restarted the first major step in the vacation process by passing a Resolution of Notice of Intent on April 23, 2024 stating that the Board intends to consider the vacation of the properties and setting the public hearing. The Clerk of the Board and the Department have posted public notices (Attachment G) and advertised the public hearing to consider the vacation of the property for a minimum of two weeks. Details of the vacation are included in this item as attachments, including the Resolution that specifies the conditions for vacation. Details of how public access will be maintained is in the Environmental Impact Report (link below), the Resolution, and as discussed below.
CEQA
As the Project lead agency, DWR certified an Environmental Impact Report (State Clearinghouse number 2019039136) which can be found at the following link:
<https://www.solanocounty.com/depts/rm/public_works/engineering_surveying_division/projects/liberty_island_road_vacation.asp>
Public Outreach
Extensive public outreach and agency contact for comment was performed through the EIR process, including contact with local landowners, Dixon Boat Club, California Department of Fish & Wildlife, Delta Protection Commission, Reclamation District 2068, and other interested parties. The EIR acknowledged comments and concerns regarding impacts to public and public agency access to Shag Slough from the proposed levee breaches and bridge removal. In response, the Project EIR maintains access to Shag Slough by incorporating a gate at the new terminal end of Liberty Island Road limited to public pedestrian and kayak access to Shag Slough. A new boat ramp would also be constructed but limited only to public agency access (ex. Sheriff Department and California Department of Fish & Wildlife). In addition, a turnaround at the new terminal end of Liberty Island Road would be built by the Project which requires dedication of new public right of way from the State to Solano County to facilitate the broader turning area.
History
The portion of Liberty Island Road to be vacated was granted to the County of Solano in two transactions. The first was by a deed from the Liberty Farms Company, dated September 13, 1934, and accepted by resolution of the Board of Supervisors on September 17, 1934. The second transaction was for the current bridge parcel acquired by grant deed from Maxim Development Company, dated February 26, 1985, and then accepted by the Board of Supervisors on March 19, 1985. The current bridge across Shag Slough onto Liberty Island was built in 1992. Liberty Island Road east of the current bridge parcel was vacated by the Board of Supervisors in 1998 after a levee failure flooded Liberty Island leaving the bridge a dead-end.
ALTERNATIVES:
The Board of Supervisors could reject the Resolution of Conditional Vacation, preventing the breaches in the Shag Slough levee while severely limiting the Project. This is not recommended as the Project needs the conditional vacation to provide significant flood control and habitat benefits to the region.
OTHER AGENCY INVOLVEMENT:
County Counsel has reviewed and approved this item as to form. The Department of Resource Management has coordinated the vacation consideration with the California Department of Water Resources, Caltrans, and the Federal Highway Administration.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION