HomeMy WebLinkAboutMINUTES - 06282011 - SD.5RECOMMENDATION(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 Resolution of Necessity (No. 2011/273) 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: 06/28/2011 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: Olivia D. Reynolds;
925-313-2306
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: June 28, 2011
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Real Property Division; Fina Prak
SD. 5
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:June 28, 2011
Contra
Costa
County
Subject:State Route 4 (E) Widening - Somersville Road to Route 160 Project – Segment 3A, 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 west 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.
Under an 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 six (6) parcels in
the project area. The land rights include fee title, a temporary construction easement and
three utility easements north of SR4 near the local roadways of Texas Street, Drake
Street and A Street 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 owner of the property for the rights required
for this Segment of the project. The offer was based on an appraisal 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 all of
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 23, 2011 a
Notice of Intention which notified the owner that a hearing is scheduled for June 28, 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 and 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 property sought to be acquired is necessary for the project.
The property sought for this Segment of the project is 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 owner of record for the rights required for this
project. The offer was based on an appraisal of the fair market value of said property
rights. Every effort was made to acquire the required property through negotiated
purchase and sale instead of condemnation. Attempts to negotiate a settlement involved
discussions, and in some cases meetings, with the owner 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
CLOSED the public hearing; MADE the findings and determinations of public
necessity and interest; and ADOPTED Resolution of Necessity No. 2011/273 for
acquisition by eminent domain of the real properties required for the State Route 4
(E) Widening - Somersville Road to Route 160 Project – Segment 3A, Antioch area.
ATTACHMENTS
Resolution No. 2011/273
Appendix A
Exhibit A