HomeMy WebLinkAboutMINUTES - 12082009 - SD.8RECOMMENDATION(S):
OPEN the public hearing and ask if any notified property owners wish to be heard as to the
four items specified in Section B below; CLOSE Public Hearing.
Upon completion and closing of the hearing, MAKE the findings and determinations listed
under Section B below and ADOPT the attached Resolution of Necessity to acquire the
required properties by eminent domain.
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). There will be no impact to the County General Fund.
BACKGROUND:
A.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/08/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:Speaker: Angela Wang, Diamond Properties, Antioch.
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Carmen Piña-Sandavol,
313-2012
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: December 8, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
SD. 8
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:December 8, 2009
Contra
Costa
County
Subject:State Route 4 East Somersville Road to State Route 160 project - Segment 1, Antioch and Pittsburg areas.
Project No.: 4660-6X4168 SCH No. 2004092135
BACKGROUND: (CONT'D)
Proposed Project - CCTA in cooperation with the State of California, acting by and
through its Department of Transportation (Caltrans), propose to widen State Route 4
(SR4) East from its current four lanes to an eight-lane facility, reconstruct interchanges,
perform work on affected local roadways, and relocate existing utilities from east of
Somersville Road to west of Contra Loma Boulevard, in the Antioch and Pittsburg areas.
The improved corridor will connect to the existing eight-lane freeway system comprised
of three mixed-flow lanes and one high occupancy vehicle (HOV) lane in each direction
west of Loveridge Road while preserving sufficient width in the SR4 median through the
Loveridge Interchange to accommodate a possible future public transit improvement (by
others). The proposed project will reduce existing traffic congestion, improve traffic
operations, and encourage HOV use to accommodate travel demand anticipated through
the year 2030.
On June 27, 2006, this Board APPROVED the proposed project and ADOPTED the
Negative Declaration and Finding of No Significant Impact pertaining to this project that
was published on August 2, 2005.
Under the agreement between the County, the State of California and CCTA for the
exercise of the power of eminent domain for the SR4 (E) Widening – Somersville to
SR160 Project dated January 18, 2008, the parties agreed and reaffirmed that the County
is designated as the party to administer the portion of the Cooperative Agreement relating
to the acquisition of real property, through eminent domain or otherwise, by and through
its Board of Supervisors, County officials and departments, and County attorneys.
This phase of the project consists of acquiring various land rights from 23 parcels in the
project area. The land rights include fee title, temporary construction easements, a slope
easement, sanitary sewer easements, and permanent overhead and pole line easements
along the southerly and northerly side of SR4 near Somersville Road in the Antioch and
Pittsburg areas.
The County, through the Real Property Division of the Public Works Department, has
made an offer of just compensation to the owners of the properties for the rights required
for this Segment of the project. The offers were based on appraisals of the fair market
value of said property rights.
Construction of the project is scheduled to begin in the summer of 2010. 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 the persons listed on the attached Exhibit “A” whose names and addresses appear on
the last equalized County Assessment Roll.
This notice consisted of sending by first-class and certified mail on October 22, 2009, a
Notice of Intention which notified the owners that a hearing on the Board’s intent to
adopt the attached Resolution is scheduled for December 8, 2009, 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.
B. Scope of Hearing Per C.C.P. Section 1245.235
1. Public Interest and Necessity require the proposed project.
SR4 is the only east-west transportation corridor in this area that provides direct access
from Pittsburg, Antioch, and Brentwood to the greater Bay Area to the west and a link
between Contra Costa County and San Joaquin County to the east. Traffic volume on the
existing roadway is beyond system capacity, due to development in East County. This
has resulted in severe congestion and increased travel times. Further increases in traffic
volume will result in gridlock, not only in the freeway system, but also in the alternative
local street network located near the congested freeway. The project will increase the use
of HOV lanes while preserving sufficient width in the SR4 median to accommodate
future mass transit services to and from East County.
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.
Through the planning phase of the project a number of interchange configuration,
mainline highway alignment and Somersville Road alignment alternatives were studied.
The interchange configuration, mainline highway alignment and Somersville Road
alignment selected achieved the required operational traffic improvements with the least
impact to adjacent properties. The alternative selected was designed to meet the
operational traffic needs of the interchange and Somersville Road and was designed in
conformance with Caltrans and City of Antioch design standards. The other alternative
designs not selected would have resulted in greater impact to both residential and
commercial properties and would have required more utility relocation.
3. The properties sought to be acquired are necessary for the project,
The properties sought for this Segment of the project are necessary for the widening of
State Route 4, the reconfiguration of the Somersville Road Interchange and the widening
along Somersville Road. All efforts have been made to reduce physical and operational
impacts to adjacent properties both during and after construction. The project cannot be
constructed as planned without the acquisition of these properties.
4. The offer of compensation required by Section 7267.2 of the Government Code has
been made to owner or owners of record.
The 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
project. The offers were based on appraisals of the fair market value of said property
rights. In each case, efforts were made to acquire the required properties through
negotiated purchase and sale instead of condemnation. Attempts to negotiate a settlement
involved discussions and in some cases meetings with the owners of record and/or their
representatives.
CONSEQUENCE OF NEGATIVE ACTION:
The County will be unable to acquire the property rights necessary for the project.
ATTACHMENTS
Resolution of Necessity
Exhibit A
Appendix A Legal Descrirption