HomeMy WebLinkAboutMINUTES - 07202004 - SD.6 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: July 20, 2004
SUBJECT: State Route 4 East Project/Railroad Avenue to Loveridge Road, Pittsburg
Area. District V. SCH#2000112007
Project No. 4660-6X4287
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. recommended Action:
A. OPEN the public hearing and ask if any notified property owners wish to be
heard as to the four items specified in Section III.B below, CLOSE Public
Hearing.
B. Upon completion and closing of the hearing, MAKE the findings and
determinations listed under 111.6 below and ADOPT the attached Resolution
of Necessity to acquire the required property by eminent domain.
11. Fiscal Impact:
In eminent domain actions the judgment will be the price paid for the property, and
may include court costs which are regarded as a roughly calculable expense of
property acquisition. Costs of acquisition in this case are 100% reimbursable from
Contra Costa Transportation Authority (CCTA).
Y i
Continued on Attachment: X SIGNATUR
_ COMMENDATION OF COUNTY ADMIP(ISTWOR
RECOMMENDATION OF BOARD CO M-
159
--APPROVE OTHER
r 1
SIGNATURE(S):f` s
ACTION OF BOA ON 9QQ4 APPROVED AS RECOMMENDED x ETHER-
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT Ij )
AYES: NOES: l hereby certify that this is a true and correct
ABSENT: ABSTAIN: copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
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G:\GrpData\RealProp\2004-Files\BOS&RES\8022 SR46P Seeno PowerAve.doc ATTESTED:
JOHN SWEET le the Board of
Orig.Div: Public works(R/P) Supervisors Coi y Administrator
contact: C.Pieta-Sandoval(313-2012)
cc: County Administrator
Auditor-Controller(via R/P) By Deputy
County Counsel(certified copy of Resolution)
Board Orders Clerk Specialist,Adm.
SUBJECT: State Route 4 East Project/Railroad Ave. to Loveridge Road, Pittsburg Area
DATE: July 20, 2004
PAGE: 2
Ili. Reasons for Recommendations and Background:
A. 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 east
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 Bay Area Rapid Transit District (BARTD) extension.
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.
Right--of-way necessary for the project is located at various locations adjacent to the
existing freeway and ramps. This phase of the project consists of acquiring the fee
title to a portion of Power Ave that is encumbered by a roadway easement to the City
of Pittsburg. The County will subsequently transfer fee title to the City to
accommodate the relocation of PG&E facilities. All of the rights to be acquired for
this phase of the project lie along the north and south side of Route 4 East of
Railroad Avenue.
Contra Costa County, through the Real Property Division of the Public Works
Department, has made an offer of just compensation to Albert D. Seeno
Construction Company for the rights required for this phase of the project. The offer
was based on an appraisal of the fair market value of said property rights.
Construction on the project is scheduled to begin in September 2004. It is necessary
for Contra Costa County to exercise its power of eminent domain.
In order to proceed with the project, it is necessary for the County to exercise its
power of eminent domain. Pursuant to Section 1245.235 of the Code of Civil
Procedure, notice was given to Albert D. Seeno Construction Company with
reasonable diligence. Notice was given as follows:
Albert D. Seeno Construction Company
as Successor in Interest to Seeno, DiMaggio and Seeno, a co-partnership
c/o Kathleen M. Blackard, Vice President/Secretary
4021 Port Chicago Highway
Concord, CA 94520
This notice consisted of sending by first-class and certified mail on June 30, 2004, a
Notice of Intention which notified Albert D. Seeno Construction Company that a
hearing is scheduled for July 20, 2004, at 9:30 a.m. in the Board's Chambers, at
which time they may appear to be heard on the matters referred to in the notice.
SUBJECT: State Route 4 East Project/Railroad Ave. to Loveridge Road, Pittsburg Area
DATE: July 20, 2004
PAGE: 3
B. Scope of Hearing Per C.G.P. Section 1245.235
9. Public Interest and Necessity rewire the proposed Proiect.
SR4 is the primary east-west transportation corridor in Contra Costa County.
The proposed project will help reduce traffic congestion along SR4 between
Railroad Avenge 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 BARTD's stated intention to
extend its system toward Antioch.
2. The project is planned and located in the manner that will be most compatible
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.
3. The e property sought to be acquired is necessary fior th�ct.
The properties sought for this phase of the project are necessary for the
widening of the existing highway.
4. The offer of compensation required by Section 7267.2 of the Government
Code has been made to Albert D. Seeno Construction Company with
reasonable diligence.
IV. Consequences of Negative Action:
The County will be unable to acquire the property rights necessary for the project.
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNT'', CALIFORNIA
2
3 Re: Condemnation of Property }
for Public Road Purposes } RESOLUTION OF NECESSITY"
4 State Route 4 East, } No. 20041
Railroad Avenue to Loveridge}
5 Rd.,Pittsburg Area } (C.C.P. § 1245.230)
6
7 The Board ofSupervisors ofContra Costa.County,California,by vote oftwo-thirds ormore of
S its members, RESOLVES that:
9 Pursuant to Government Code section 25350.5 and Streets&Highways Code section 943,
10 Contra Costa County intends to construct a road reconstruction project,apublic improvement,towiden
11 2.2 miles ofthe State Route 4 corridor from west ofRailroad Avenue to east ofLoveridge Road in the
12 Pittsburg Area, and, in connection therewith, acquire interests in certain real property.
13 The property to be acquired consists of a portion of Power Avenue generally located in the
14 Pittsburg area The said property is more particularly described in Appendix"A",attached hereto and
15 incorporated herein by this reference.
16 On June 30,2004,notice ofthe County's intention to adopt aresolution ofnecessity for acquisition
17 by eminent domain of the real property described in Appendix"X'was sent to persons whose names
18 appear on the last equalized County Assessment Roll as owners ofsaid property. The notice specified July
19 20,2004,at 9:30 a.m.in the Board of Supervisors Chambers in the Administration Building,651 Pine
20 Street,Martinez, California, as the time and place for the hearing thereon.
21 The hearing was held at that time and place,and all interested parties were given an opportunity
22 to be heard and based upon the evidence presented to it,this Board finds,determines and hereby declares
23 the following:
24 1. The public interest and necessity require the proposed project; and
25 2.. The proposed project is planned and located in the manner which will be most compatible
26 with the greatest public good and the least private injury; and
27 3. The property described herein is necessary for the proposed project; and
28 4. The offer required by section 7267.2 of the Government Code was made to the owner or
RESOLUTION NO.
I owners of record; and
2 5. That insofar as any of the property described in this resolution has heretofore been
3 dedicated to the public use for public purposes,the acquisition and use ofsuch property
4 by Contra Costa County for hi .waypurposes is for a more necessary public use than the
5 use to which the property has alreadybeen appropriated or a compatible public use. This
6 determination and finding is made and this resolution is adopted pursuant to Code ofCivil
7 Procedure sections 1240.510 and 1240.610; and
8 6. On March 27, 2401, this Board approved the proposed project and adopted the
9 Mitigated Negative Declaration/Finding ofNo Significant Impact pertaining to thisproject
10 that was published.on January 23, 2001.
11 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
12 To acquire in the County's name,by condemnation,the titles, easements and rights of way
13 hereinafter described in and to said real property orinterest(s)therein,in accordance with the provisions
14 for eminent domain in the Code of Civil Procedure and the Constitution of California:
15 Parcel 2 is to be acquired in fee title.
16 To prepare and prosecute in the County's name such proceedings in the proper court as are
17 necessary for such acquisition,
18 To deposit the probable amount ofcompensation,based on an appraisal,and to apply to said court
19 for an order permitting the County to take immediate possession and use said real property for
20 said public uses and purposes.
21 PASSED and ADOPTED on July 20, 2004,by the following vote:
22 AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
23 NOES: NONE
24 ABSENT: NONE
25 ABSTAIN: NONE
26 1 BEREBY CERTIFY that the foregoing resolutionwas duly and regularly introduced,passed.and
27 adopted by the vote of two-thirds or more of the Board of Supervisors ofContra Costa County,California,
28 at a meeting of said Board on the date indicated above.
ATTESTED:
RESOLUTION NO. JOHN SVVE ,Ce f the Board
Supervisor d County Administrator
BDeputy
I Orig. Dept: Public Works Department(R1P)
Contact: Igen A. Laves (313-2228)
2 Auditor-Controller
3 County Counsel (Certified Copy)
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8 HACondemmdon Forrmam1ution of Necessity(CCC v.Seeno).wN
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RESOLUTION NO. ,'