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THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 14, 2001, by the following vote:
AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
IT IS BY THE BOARD ORDERED that the hearing to consider
adoption of Resolution of Necessity No. 2001/351 for acquisition by
eminent domain of real property for the State Route 4 East Railroad to
Loveridge project, Pittsburg area is CONTINUED to September 1. 1,
2001.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
Attested: Zzw.�z��
John Swe en, } c of the oard
o/Supervi ors and County Administrator
B
Deputy Clerk
PUBLIC WORKS DEPARTMENT SD V�.
CONTRA COSTA COUNTY
DATE: July 30, 2001
TO: Board of Supervisors
FROM: Maurice M. Shiu, Public Works Director
SUBJECT: Report Re: Condemnation Hearing, August 14, 2001 State Route 4 East
Project/Railroad Avenue to Loveridge Road, Pittsburg Area.
CDD-CP # : 00-85.
Pursuant to procedure approved by Board Order dated November 1, 1988, the Public
Works Director sent a Notice of Intention to Adopt a Resolution of Necessity for acquisition
by eminent domain of real property in the Pittsburg area for the purpose of widening and
improving a portion of State Route 4 just east of Railroad Avenue to Loveridge Road and
set Tuesday, August 14, 2001 at 9:00 a.m., as the date and time affected owners may
appear and be heard as to matters specified by law under C.C.P. Section 1245.235 as set
forth below.
Upon recommendation of County Counsel, the following_ report is made for the Board's
information and consideration prior to taking action upon said hearing.
I. Proposed Project — The Contra Costa.. Transportation Authority (CCTA), in
conjunction with Caltrans and the Federal Highway Administration (FHWA), propose
to improve traffic conditions within the 2.2 mile-long State Route 4 corridor from
west of Railroad Avenue to west of Loveridge Road by widening SR4 to
accommodate an additional mixed-flow and one HOV lane in each direction. The
improved corridor would connect to the existing eight-lane freeway system
comprising three mixed-flow lanes and one HOV lane in each direction west of
Railroad Avenue and transition to a six-lane facility comprising three mixed-flow
lanes in each direction immediately west of Kirker Creek. The proposed project will
reduce the level of congestion through the project area and would include sufficient
median width to accommodate a future BARTD extension.
Right—of-way necessary for the project is located at various locations adjacent to the
existing freeway and ramps. The first phase of the project calls for the realignment
of Frontage Road to accommodate the widening of the freeway and the construction
of the Railroad Avenue off ramp. All of the rights to be acquired for this phase of
the project lie along the south side of Route 4 west of Railroad Avenue.
Contra Costa County, through the Real Property Division of the Public Works
Department, has made an offer of just compensation to the owners of record for the
rights required for this phase of the project. The offers were based on an appraisal
of the fair market value of said property rights. Real Property staff is currently
negotiating with owners of the subject properties to acquire the required rights.
1
REQUEST TO SPEAR FORM
(THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers'
rostrum before addressing the Board.
Name: jD a-+-v , Phone: Cy S� 5y3 ��l/ I l
Address: -7 Y, City:
I am speaking for myself or organization: b �tc3v�-
(name of organization)
CHECK ONE:
V I wish to speak on Agenda Item # Date: 4 - UY
My comments will be: general _ for against
I wish to speak on the subject of e�11�4L2' .ao
I do not wish to speak but leave these comments for the
Board to consider:
SPEAKERS
1. Deposit the "Request to Speak" form (on the reverse side) in
the box next to the speaker's microphone before your agenda
item is to be considered.
2 . You will be called on to make your presentation.'
Please speak into the microphone at the podium.
3. Begin by stating your name and address and whether
you are speaking for yourself or as the
representative of an organization.
4 . Give the Clerk a copy of your presentation or
support documentation if available before speaking.
5. Limit your presentation to three minutes. Avoid
repeating comments made by previous speakers.
(The Chair may limit length of presentations so all
persons may be heard) .
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: July 30, 2001
TO: Board of Supervisors
FROM. Maurice M. Shiu, Public Works Director
SUBJECT: Report Re: Condemnation Hearing, August 14, 2001 State Route 4 East
Project /Railroad Avenue to Loveridge Road, Pittsburg Area.
CDD-CP # : 00-85.
Pursuant to procedure approved by Board Order dated November 1, 1988, the Public
Works Director sent a Notice of Intention to Adopt a Resolution of Necessity for acquisition
by eminent domain of real property in the Pittsburg area for the purpose of widening and
improving a portion of State Route 4 just east of Railroad Avenue to Loveridge Road and
set Tuesday, August 14, 2001 at 9:00 a.m., as the date and time affected owners may
appear and be heard as to matters specified by law under C.C.P. Section 1245.235 as set
forth below.
Upon recommendation of County Counsel, the following report is made for the Board's
information and consideration prior to taking action upon said hearing.
I. Proposed Project — The Contra Costa Transportation Authority (CCTA), in
conjunction with Caltrans and the Federal Highway Administration (FHWA), propose
to improve traffic conditions within the 2.2 mile-long State Route 4 corridor from
west of Railroad Avenue to west of Loveridge Road by widening SR4 to
accommodate an additional mixed-flow and one HOV lane in each direction. The
improved corridor would connect to the existing eight-lane freeway system
comprising three mixed-flow lanes and one HOV lane in each direction west of
Railroad Avenue and transition to a six-lane facility comprising three mixed-flow
lanes in each direction immediately west of Kirker Creek. The proposed project will
reduce the level of congestion through the project area and would include sufficient
median width to accommodate a future BARTD extension.
Right—of-way necessary for the project is located at various locations adjacent to the
existing freeway and ramps. The first phase of the project calls for the realignment
of Frontage Road to accommodate the widening of the freeway and the construction
of the Railroad Avenue off ramp. All of the rights to be acquired for this phase of
the project lie along the south side of Route 4 west of Railroad Avenue.
Contra Costa County, through the Real Property Division of the Public Works
Department, has made an offer of just compensation to the owners of record for the
rights required for this phase of the project. The offers were based on an appraisal
of the fair market value of said property rights. Real Property staff is currently
negotiating with owners of the subject properties to acquire the required rights.
1
Construction on the project is scheduled to begin in September 2001. It is
necessary for Contra Costa County to exercise its power of eminent domain. This
will not prevent continued negotiation with property owners. Pursuant to Section
1245.235 of the Code of Civil Procedure, notice was given to all persons whose
names and addresses appear on the last equalized County Assessment Roll and
any other persons known to have an interest in the property that a hearing is
scheduled for Tuesday, August 14, 2001 at 9:00 a.m. and thereafter in the Board's
Chambers, at which time they may appear to be heard on the matters referred to in
the notice. A list of those persons notified is attached as Exhibit "A".
On March 27, 2001,this Board APPROVED the proposed project and ADOPTED
the Mitigated negative Declaration/Finding of No Significant Impact pertaining to this
project that was published on January 23, 2001.
II. Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed project.
SR4 is the primary east-west transportation corridor in Contra Costa County.
The proposed project will help reduce traffic congestion along SR4 between
Railroad Avenue and Loveridge Road consistent with Contra Costa County's
planned transportation improvement strategy for the SR4 corridor. The
project will increase the use of HOV lanes between SR 242 in Concord and
Loveridge Road in Pittsburg and will accommodate future mass transit
services into East County that are consistent with BART's stated intention to
extend its system toward Antioch.
B. The project is planned and located in the manner that will be most compati-
ble with the greatest public good and the least private injury.
Several alternative alignments were considered during the planning stage of
this project. In the alignments not selected, the impacts to residential
properties were considerably higher, and would also require major utility
relocation.
C. The property sought to be acquired is necessary for the project.
The properties sought for this phase of the project are necessary for
reconstructing the SR4 eastbound Railroad Avenue off-ramp and
reconstruction of Frontage Road improvements.
D. The offer of compensation required by Section 7267.2 of the Government
Code has been made to the owner or owners of record.
2
III. Recommended.Action
A. Board to ask if any notified property owners wish to be heard as to the three
items specified in Section II above, whether the offer of compensation
required by Section 72672.2 of the Government Code has been made, or on
any other issue which they would like the Board to consider when deciding
whether to adopt the proposed Resolution of Necessity, except for the issue
of compensation.
B. Upon completion and closing of the hearing, it is recommended that the
Board make the findings and determinations listed under II A, B and C
above, make an additional finding that the offer of compensation required by
Section 7267.2 of the Government Code has been made to the owner or
owners of record, adopt a Resolution of Necessity to acquire the required
property by eminent domain and direct the Board Clerk to file a copy of this
report.
KAL:eh
G:\GrpData\Real Prop\SR4@RailroadAve\CO20A Condmenation Hearing.doc
cc: County Administrator's Office
County Counsel
Real Property
Board Clerk- If approved by the Board, please file a copy of this report in your records.
3
EXHIBIT "A"
Gloria Gamblin,
Assistant Superintendent of Business
Pittsburg Unified School District
2000 Railroad Avenue
Pittsburg, CA 94565
Albertson's Inc.
P. O. Box 20
Boise, Idaho 83726
New Foundland Investment Company Route 4 East
c/o Farallon Real Estate Services
620 Davis Street
San Francisco, CA 94111
G:\GrpData\Real Prop\SR4@RailroadAve\EXHIBIT condemnation.doc
7/23/01