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Adopt a Resolution of Notice of Intent to vacate a portion of Liberty Island Road (County Road No. 1490) which would include a transfer of APN 0042-190-230 (Bridge Parcel) to the State of California; Approve setting a public hearing date of May 14, 2024 at 9:00 a.m., or as soon thereafter as the matter may be heard, for the proposed vacation
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X _
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board:
1. Adopt a Resolution of Notice of Intent to vacate a portion of Liberty Island Road (County Road No. 1490) which would include a transfer of APN 0042-190-230 (Bridge Parcel) to the State of California; and
2. Approve setting a public hearing date of May 14, 2024 at 9:00 a.m., or as soon thereafter as the matter may be heard, for the proposed vacation.
SUMMARY:
In February 2021, the Department of Resource Management received a petition from Ecosystem Investment Partners, LLC (EIP), requesting that the County of Solano vacate a portion of Liberty Island Road (County Road No. 1490), east of the City of Dixon. A project (Project) being pursued by EIP and the California Department of Water Resources (DWR) will include the construction of a new flood control levee and enhance tidal wetlands west of Liberty Island Road. The Project will require the Liberty Island Road levee along Shag Slough to be breached, which also includes removal of the Shag Slough Bridge. The portion of the public roadway being considered for vacation and currently maintained by Solano County begins at Liberty Island, heads west across the Shag Slough Bridge, and then continues northerly for 1.6 miles along Shag Slough. As part of the process, the parcel that contains the Shag Slough Bridge would be transferred to the State of California.
The Department has worked with EIP and DWR to consider the vacation petition and has reviewed the issues related to the road and bridge. The Department recommends that the Board adopt the Resolution of Notice of Intent and approve setting a public hearing date of May 14, 2024 to consider the proposed vacation.
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. Recovered funds for the useful life of the bridge were calculated to total $399,385 and would be eligible for reuse on other federal aid eligible projects. There is no impact to the General Fund. The cost of preparing the agenda item is nominal and absorbed by the Department’s FY2023/24 Working Budget.
DISCUSSION:
The portion of Liberty Island Road to be vacated is shown in Exhibit A as part of the Resolution. Part of this roadway 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 serving as a dead-end.
Two steps are necessary to vacate the public interest in these properties. First (today’s requested action), the Board of Supervisors adopts a Resolution of Notice of Intent stating that the Board intends to consider the vacation of the public roadway. The Clerk of the Board would then record the Resolution of Notice of Intent, and Public Works Engineering would post public notices and advertise the public hearing to consider the vacation of public roadway for a minimum of two weeks. Second, at the proposed public hearing on May 14, 2024, the Board must find that the vacation is consistent with the General Plan and the Board would decide whether to vacate the public roadway along with approval of the transfer of the bridge parcel.
ALTERNATIVES:
The Board of Supervisors could choose to not adopt the Resolution of Notice of Intent or set a Public Hearing date. This is not recommended as the Resolution of Notice of Intent simply sets a public hearing to consider the vacation and transfer of the public property in question.
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