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HomeMy WebLinkAboutMINUTES - 05252010 - SD.7RECOMMENDATION(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 funded 100% by the County General Fund. BACKGROUND: A. Proposed Project APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/25/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: 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: Michele Trecek (925) 313-2010 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: May 25, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: KATHERINE SINCLAIR, Deputy cc: Michelle Trecek, Public Works, Karen Laws, Public Works SD. 7 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:May 25, 2010 Contra Costa County Subject:Kregor Peak Communication Site Project, Pittsburg area. Project No.: 4580-6X5165 BACKGROUND: (CONT'D) In 1960, Contra Costa County (County) entered into a lease with Edna Hanlon Thomas for the lease of a 1-acre portion of the 320-acre property owned by Edna Hanlon Thomas, in the Pittsburg area, for the purpose of a radio and microwave communication site. The 1-acre portion subject to the lease is known by the County as Kregor Peak. The property subject to the lease also included an easement for road purposes along a 20-foot strip of land that provides access across portions of the 320-acre parcel to and from Kregor Peak (the access road). Following storm damage, the County and William Wayne Thomas, Administrator of the Edna Hanlon Thomas Estate, entered into an Amendment to Lease dated May 1, 1984, that revised the location of the access road as necessitated by the storm damage. It is the County’s understanding that title to the property was held by The Edna Hanlon Thomas Trust (Trust) following Ms. Hanlon’s death, and that the Trust had been managed by Mr. William Wayne Thomas. Upon Mr. Thomas’s death in 2008, it is the County’s understanding that the Trust was dissolved, and title to Kregor Peak and the surrounding property is now shared by at least 18 ownership interests. As authorized under the lease, the County installed improvements on the site consisting of two buildings and two communication towers. The Kregor Peak radio site is operated by the County and is used predominately for public safety purposes by Contra Costa County Sheriff and Fire Department, East Bay Regional Parks Police and Fire departments, and American Medical Response (AMR). Other users include the Contra Costa Water District, Mount Diablo School District, Tri Delta Transit, State of California, and the Contra Costa County Library. Kregor Peak is also a key site for the build out of the East Bay Regional Communications System (EBRCS). The lease expires on November 21, 2010. Due to the fact that the Kregor Peak site is now owned by numerous parties in numerous capacities, the County has been unable to negotiate an extension of the lease term. Therefore, in order to continue to be able to use the Kregor Peak communications site and the County’s improvements located on the site, the County seeks to acquire the Kregor Peak site, together with the access easement. The project consists of acquiring a 1.0 acre parcel in fee title and a 1.22 acre access easement over a portion of APN 075-160-004 located in the Pittsburg Area. On March 23, 2010, this Board APPROVED Appropriation Adjustment No. 5068 authorizing new revenue in the Department of Information Technology (0060) from the General Fund-Reserve For Contingencies and appropriated for the negotiation of acquisition for the Kregor Peak property, and AUTHORIZED the Real Property Division, Public Works Department on behalf of the County, to negotiate a Purchase and Sales Agreement between the County and Grantors for the Kregor Peak property and FOUND that the Project is exempt from the California Environmental Quality Act (CEQA) under State CEQA guidelines pursuant to Article 5,Section 15061 (b)(3). 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 project. The offers were based on an appraisal of the fair market value of said property rights. In order to acquire the necessary property rights in the Kregor Peak site and access easement for continued operations as a communication site following expiration of the lease on November 21, 2010, 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 May 3, 2010, a Notice of Intention which notified the owners that a hearing on the Board’s intent to adopt the attached Resolution is scheduled for May 25, 2010, at 10:00 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. The Kregor Peak radio site is operated by the County and is used predominately for public safety purposes by Contra Costa County Sheriff and Fire Department, East Bay Regional Parks Police and Fire departments, and American Medical Response (AMR). Other users include the Contra Costa Water District, Mount Diablo School District, Tri Delta Transit, State of California, and the Contra Costa County Library. In order to continue to use and operate the communication towers and related structures located on Kregor Peak for public safety and other public purposes, the County must acquire the property on which the communications facilities are located, as well as the right to access those facilities along the access road. In addition, acquisition of the Kregor Peak site will allow the County to continue building this site as one of the key East Bay Regional Communications System (EBRCS) radio sites. 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. Staff has considered other alternatives for use as a communications site and estimates the County will need to acquire rights to construct and operate communication towers on several high and mid level sites to replace the geographical coverage that Kregor Peak currently provides. These alternatives would disrupt the current public safety functions performed by the communications facilities located on Kregor Peak, and result in greater impact to private parties from whom rights to the additional replacement sites would be required. 3. The properties sought to be acquired are necessary for the project. The communications facilities at issue are located on the 1-acre parcel that the County seeks to acquire, and the access easement the County seeks to acquire provides necessary access to the communications site. If Kregor Peak is no longer available to serve as one of the County’s six high level sites, staff has estimated that it would require several high and mid level sites to replace the geographical coverage that Kregor Peak currently provides. The estimated cost for each replacement site is $6 million with a typical site development time of four years each. During such development, the County would not likely be able to maintain its current radio system service levels, and the other public entities currently using the Kregor Peak communications facilities would have to find alternative sites. 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 offers of just compensation to the owners of record for the rights required for this project. The offers were based on an appraisal 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 with the owners of record and/or their representatives. County staff has recently learned that some of the owners have requested the Contra Costa County Superior Court to appoint a representative for the owners. If a representative is appointed, staff will continue efforts to acquire the property rights through negotiated purchase and sale. CONSEQUENCE OF NEGATIVE ACTION: The County will be unable to acquire the property rights necessary for the project prior to expiration of the lease. CHILDREN'S IMPACT STATEMENT: CLERK'S ADDENDUM Ed Woo, Director of Department of Information Technology (DoIT), presented the staff report as outlined in the Board Order. Mr. Woo noted that the process could move forward efficiently once a Receiver has been appointed. Chair Gioia opened the hearing and invited public comment. The following people spoke: Peter Haas, legal representative for multiple property owners; Wayne Smith, legal representative for multiple property owners, Robyn Roberts; resident of Walnut Creek, Brenda Thomas Hirsch, resident of Antioch, Deborah Silverman; Bonnie Plog, resident of Brentwood. By unanimous vote, with all Supervisors presented the Board CONTINUED the hearing to June 8, 2010 at 10:00 a.m. ATTACHMENTS Resolution No. 2010/287 Appendix A Exhibit A Exhibit B-1 and B-2 Related Correspondence