HomeMy WebLinkAboutMINUTES - 05102011 - SD.8RECOMMENDATION(S):
OPEN the public hearing and ask if any notified property owners wish to be heard as to the
ten 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 Resolution of Necessity (No. 2011/180) 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.
SCH No. 2004092135
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/10/2011 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
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: David Kramer (925)
313-2227
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 10, 2011
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Real Property Division; Fina Prak
SD. 8
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:May 10, 2011
Contra
Costa
County
Subject:State Route 4 (E) Widening - Somersville Road to Route 160 Project – Segment 3, Antioch area. Project No.:
4660-6X4168
BACKGROUND:
A. 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 G Street to East of Hillcrest
Avenue, in the Antioch area. 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 approved on August 2, 2005.
Under this Agreement between Contra Costa County (County), Caltrans and CCTA for
the Exercise of the Power of Eminent Domain for the SR4 (E) Widening – Somersville
Road to R160 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 ten (10) parcels in
the project area. The land rights include fee title and temporary construction easements
along the northerly and southerly sides of SR4 near the local roadways of Madill Street,
Madill Court, Drake Street, East Tregallas Road and West Tregallas Road in the Antioch
area.
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 early 2012. 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
following 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 March 24, 2011 a
Notice of Intention which notified the owners that a hearing is scheduled for May 10,
2011 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.
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 public 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 configurations, and
mainline highway alignments were studied. The interchange configurations, mainline
highway 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 interchanges at A Street and Hillcrest Avenue, and was
designed in conformance with Caltrans and City of Antioch design standards. The
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
SR4, the reconfiguration of Drake Street, Madill Street, Sunset Drive, A Street and its
interchange and Hillcrest Avenue and its interchange, the performance of work on
affected local roadways, and the relocation of existing utilities. 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.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
Speaker: Benjamin Lust, on behalf of property owners, in regards to appropriate
compensation as the eminent domain action would affect property values and
permitting issues if structures were damaged. Staff will meet with Mr. Lust on the
matter.
ATTACHMENTS
Resolution No. 2011/180
Exhibit A
Appendix A