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Home My WebLink AboutMINUTES - 09112001 - SD.3 PUBLIC WORKS DEPARTMENT S*bo CONTRA COSTA COUNTY DATE: July 30, 2001 TO: Board of Supervisors r; 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\RealProp\SR4@RailroadAve1CO20A 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\RealProp\SR4@RailroadAve\EXHIBIT condemnation.doc 7/23/01 r i` PUBLIC WORKS DEPARTMENT SDI 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 Costal 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 11 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\Rea[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\RealProp\SR4 n RailroadAve\EXHIBIT condemnation.doc 7/23/01 �. co N PA" c0 w Pi. co c�: �" cD r3 O O O 30 30 3c) 30 C) o o. o 0 00 � Y o 0 0 0 0 o 0 0- C) . .. ;# .. fix.. .<8. �s 0 r+ CD CD CD . :. :3' CD v CD L a (D p- .... M M CDrte., 0 o 0 CL CD CL CD CD (p :.' r. CD W ca -� c° Cl) cn CO c° .s cc (O c° M• ',s' ,t � co O O O0 0- (p 0 ''. CD CD ( ( � ' iOqOcD n v O Cl) a O Q- = Q p Sv 0 CD cn O . O O M (D 0 C A O 0 O = (DC0 N OO :O)ZZ O n T(D O (D Q b Cj) C n CD M a Cl) o a -CD o v -* p CA ° sv � CD om � 0 c� Q" °c ca N (D U) CD O 3 C " ►�' CD n O , -4 ..r. 3 CD CD O (n (n 2 O' ..;:. < t Q .. (D ;; O �.....; cD ° D m m rn =a' CD sv � � � o—h CDw CD (D 3 ° ° CD CD -p v �-CD cc Oa D -p O N Nv Q CD aro cc 0 CD (fl < CD O =, (CD 3 0 - O Cl) ... �' Z r .. :.. 3 v r�r CD O O. O O .. ri CD CD ' : c0 v vO 'O n O co -�,5. O O ;0 C, (D MCD CD C7 O O (D CD CD (D < CD fix. (D (n z= (D ;s O r+ �, Ca 7 c0 3 CDO D (D cn (n cD " C2 bit C CD CD - ki gyp X C Q- CD CD 0 w0 CD CD 3 = w. rnw OD • CL_ V� OD � p m . _ C cn Ul CT CTI ;r. Ul 3 3 3 . _3 cn 3 3 cn C�7 N _. _. _. mv WWI y .F r W Cn.:...,. 0 W W W N f (JT :,. . . N i Cn r T CD I W (n:;wsx Cn (D• C?' II i p N � Nv N PQ =T .. � � <:.. .. � � . Nom:, : � � � (n CD CD (D '. r �. CD OD o � � ;; w m o "v' Nw eco °�':.::: cn 'cs r a Raj Oux HEARING CONFIRMATION FORM (CONDEMMArION) Hearing date: Name of person phoning to request hearing: �a� phone#: Hearing date confirmed with _� � / of Clerk of the Board staff on =Z3 d T 110 -7 (date) Agenda language (how it will read on calendar)for the date of the hearing: 4624.;� Ap a4*0110V%- rw+ S 1. Anticipated length of the hearing: 5 min. or less or more 2. Is it controversial? Yes No 3. Date Notice of Intention was mailed: 2G— 0—/ Code section: CCP 1245.235 STEPS FOR CONDEMNA17ON HEARING 1. Set hearing date with Clerk of the Board. 2. Fax "Hearing Confirmation Form"to Clerk of the Board within 24 hours of setting hearing. 3. Provide the Real Property clerical with the Hearing Confirmation Form and Staff Report for electronic transfer to Executive Secretary (Katrina) by Wednesday 5:00 p.m., 13 days prior to hearing date. 4. Provide Clerk of the Board with original and 13 copies of Staff Report by Wednesday 5:00 p.m., six days prior to the hearing date, for inclusion in Board of Supervisors packets. (Clerk of the Board distributes hard copies to CAO and County Counsel). 5. Retain two copies of Staff Report for Elle and Public Works Director. SEND THIS FORM--via fax—TO CLERK OF THE BOARD WITHIN 24 HOURS OF SETTING •i','HE HEARING (BY PHONE) (failure to do so could result In hearing date being dropped) G.AGrppata\ReatPrWNFORMSIhieeriN CanMnatlon Forth(condeninahon).doc 615101 .. IL 1 ']