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Home My WebLink AboutMINUTES - 05152012 - SD.6RECOMMENDATION(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. 2012/216 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 60.5% by Prop. 1B funds, 34% Federal HR3 Funds, 5.5% Gas Tax. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/15/2012 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: May 15, 2012 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Maureen Flores, Real Property, County Administrator , Auditor-Controller (via R/P), County Counsel (certified copy of Resolution), P.W. Finance SD. 6 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:May 15, 2012 Contra Costa County Subject:Deer Valley Road Shoulder Widening Project, unincorporated Brentwood area. Project No.: 0662-6R4099 BACKGROUND: A. Proposed Project The purpose of this project is to improve two sections of Deer Valley Road from two (2) 10-foot-wide lanes to two (2) 12-foot-wide lanes with six (6)-foot paved shoulders and two (2) feet of shoulder backing on both sides and install curve warning signage as needed in order to improve safety along these sections of roadway. The first section (Site 1) begins at the intersection of Deer Valley Road and Marsh Creek Road and ends approximately 140 feet south of the bridge that crosses Marsh Creek. The second section (Site 2) is along a reversing curve beginning 2,100 feet north of the Deer Valley Road and Marsh Creek Road intersection and ending 3,200 feet north of the same intersection. This project is necessary in order to bring the pavement section of these portions of Deer Valley Road up to current County Standards and improve safety at these locations by providing vehicles a wider recovery area and increased sight distance. This project will also provide the pavement width needed to make these sections of Deer Valley Road part of a Class II bikeway in accordance with the Contra Costa Countywide Bicycle and Pedestrian Plan. On July 12, 2011, this Board APPROVED the Deer Valley Road Shoulder Widening Project (Project), AUTHORIZED the Public Works Director, or designee, to advertise the Project, FOUND on the basis of the Initial Study and Mitigated Negative Declaration and all comments and responses therein that there is no substantial evidence that the Project will have a significant effect on the environment, and ADOPTED the Mitigated Negative Declaration and Mitigation and Monitoring Reporting Plan. The Project consists of acquiring eleven (11) parcels include: a 9,348 square foot (sf) parcel in fee title; a 2,649 sf parcel in fee title; a 13,639 sf parcel in fee title; an 18,015 sf parcel in fee title; a 1,504 sf parcel in fee title; a 671 sf parcel in fee title; a 1,384 sf temporary construction easement; a 781 sf temporary construction easement; a 3,673 sf slope easement; a 11,232 sf slope easement; and a 9,581 sf slope easement all of which are located in the unincorporated Brentwood area. The County, through the Real Estate Division of the Public Works Department, has made offers of just compensation to the owners of the property for the rights required for this 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 spring or summer of 2013. 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 April 27, 2012, a Notice Intention, which notified the owners that a hearing is scheduled for May 15, 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. Deer Valley Road is a heavily used collector road that connects the Antioch and Brentwood areas to Marsh Creek Road, which is a major east-west commuter route to Central County. The segment of Deer Valley Road between Marsh Creek Road and Briones Valley Road was found to exceed the statewide average for fatal/injury collisions. The Public Works Department received a $900,000 federal grant through the High Risk Rural Road program for these segments of Deer Valley Road whose safety index scored the second worst within the County. This project is approximately a total of 3,100 feet along Deer Valley Road and split between two project sites near the intersection of Marsh Creek Road. The proposed improvements include widening the existing pavement for shoulders/bike lanes, correcting the roadway banking, realigning the vertical and horizontal curves for increased stopping sight distance, and providing warning signage. These safety improvements will provide additional space and sight distance for errant vehicles to correct course before running off the road or colliding with any cross traffic or roadside objects. 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 and early design phases of the project, several roadway alignments were studied. The project alignment selected achieved the required roadway safety improvements with the least impact to adjacent properties. The alignment selected was designed to meet the current specifications in the Caltrans Highway Design Manual and the County’s Standard Plans, in order to achieve the proper safety improvements. Alternative designs not selected would not have achieved the required safety improvements per the design standards. 3. The properties sought to be acquired are necessary for the project. The properties sought for this project are necessary for the widening and realignment of Deer Valley Road and for the relocation of existing utilities. All efforts have been made to reduce the physical and operational impacts to the 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 Estate 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. Negotiations have not been successful. CONSEQUENCE OF NEGATIVE ACTION: The County will be unable to acquire the property rights necessary for the project and will jeopardize funding for the safety improvements. This could significantly delay the project, or cause the project to be cancelled due to insufficient funding. CHILDREN'S IMPACT STATEMENT: Not Applicable CLERK'S ADDENDUM CLOSED the hearing; and ADOPTED Resolution of Necessity No. 2012/216 for acquisition by eminent domain of the real property required for the Deer Valley Road Shoulder Widening Project, unincorporated Brentwood area. ATTACHMENTS Resolution No. 2012/216 Property Description Declaration of Mailing