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Consent-Community Services # 35.
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| Board of Supervisors |
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| Subject |
| Approve rescission of all Board of Supervisors actions taken on June 6, 2017, relating to termination of road maintenance and authorization to install gates across a segment of County Road 107 in the Clarksburg area. (No general fund impact) (Echiburú/Riddiough) |
| Recommended Action |
| Approve rescission of all Board of Supervisors actions taken on June 6, 2017, relating to termination of road maintenance (Resolution No. 17-76) and authorization to install gates across a segment of County Road 107 in the Clarksburg area. |
| Strategic Plan Goal(s) |
| Operational Excellence |
| Reason for Recommended Action/Background |
The applicant, Mr. Anthony Vasquez, failed to complete all of the required items from the June 6, 2017, Board Meeting, including: payment of his outstanding $3,009.52 work order balance for Public Works Project No. PW2016-0017; provision of an additional $7,500 work order deposit toward installation of traffic signs associated with the gates; and securing an encroachment permit for the four gates. The applicant also no longer owns the property (APN 043-020-003), and verified with Public Works staff that he has abandoned the effort to permit the gates through the Board of Supervisors. The current landowner confirmed with staff their preference to have CR107 remain open to public vehicular traffic, and plan to remove the four gates in their entirety.
BACKGROUND
On October 31, 2016, County staff received a complaint from a natural gas well company that their staff was unable to access two of their gas wells along CR 107 due to a new, locked gate at the west end of Courtland Road. See Attachment A for a Location Map, and Attachment B for a photo of the gate. County staff investigated the complaint, and found that in addition to the gate at the end of Courtland Road at CR 107, there were three additional locked gates installed at the Teal Road/CR 107 intersection about 2/3-mile to the south. See Attachment C for a photo of these three gates. County staff investigated further to determine that the applicant was responsible for installing the gates in association with his property at APN 043-020-003. All four gates are un-permitted encroachments within county right-of-way. See Attachment D for a Vicinity Map.
At the Board of Supervisors Meeting on June 6, 2017, the Board gave approval for the county to cease maintenance on the 2/3-mile section of CR 107 behind these gates, subject to the following conditions: payment of the applicant’s outstanding $3,009.52 work order balance for Public Works Project No. PW2016-0017; applicant’s provision of an additional $7,500 work order deposit toward installation of traffic signs associated with the gates; and the applicant securing an encroachment permit for the four gates. To date, these conditions have not been met.
On September 24, 2018, Mr. Vasquez confirmed with staff that he “…no longer owns the property, as it reverted back to the seller…and that is when the gate project stopped moving forward.”
The current landowner confirmed with staff their preference to have CR 107 remain open to public vehicular traffic, and plans to remove the four gates in their entirety. To date, the current landowner has confirmed removal of the gate sections, and will remove the gate posts by the end of December 2018. |
| Collaborations (including Board advisory groups and external partner agencies) |
| County Counsel |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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Explanation (Expenditure and/or Revenue) |
| Further explanation as needed: |
| The applicant paid fees per the Master Fee Schedule for processing the previous action. However, $3,009.52 in additional effort above the initial $3,000.00 project deposit was needed for the efforts to bring the item before the Board of Supervisors at the 5/9/2017 (set the public hearing) and 6/6/2017 (public hearing) meetings. The applicant has still not paid to date, and the account will be turned over to collections. |
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