HomeMy WebLinkAboutMINUTES - 02282012 - D.2RECOMMENDATION(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. 2012/72) 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: 02/28/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:Gayle B. Uilkema, District II
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: February 28, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Carrie Del Bonta, Deputy
cc: Real Property Division, Sheila Minor
D. 2
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:February 28, 2012
Contra
Costa
County
Subject:State Route 4 (E) Widening - Somersville Road to Route 160 Project – Segment 3B, 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 west of Loveridge Road to State
Route 160, 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 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 segment of the project from west of Hillcrest Avenue to State Route 160 consists of
acquiring various land rights from five (5) parcels in the project area. The land rights
include fee title, a permanent tieback easement, and temporary construction easement
along the northerly side of SR4 east and west of Hillcrest Avenue and fee title and
temporary construction easement along the southerly side of SR4 and west of Hillcrest
Avenue, in the Antioch area.
The County, through the Real Property Division of the Public Works Department, has
made offers of just compensation to the owners of the properties 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 the fall of 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 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 January 9, 2012, a
Notice of Intention, which notified the owners that a hearing is scheduled for February
28, 2012 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 interchange at 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 performance of work on affected local roadways, and for 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 property interests.
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 offer was based on appraisals of the fair market value of said property rights.
In this case, efforts were 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 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
CLOSED Public Hearing; MADE the findings and determinations listed under Section
B; and ADOPTED Resolution of Necessity No. 2012/72 to acquire the required
properties by eminent domain.
ATTACHMENTS
Resolution No. 2012/72
Appendix A