HomeMy WebLinkAboutMINUTES - 06032014 - D.10RECOMMENDATION(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 the 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 (No. 2014/181) to acquire the required properties by eminent
domain. Project No.: 0662-6R4051
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 Transportation for Livable Communities (53%), and Road Funds (47%).
BACKGROUND:
A. Proposed Project
The San Pablo Dam Road Walkability Project (“Project”) involves reconstructing and adjusting sidewalk features
along an existing section of San Pablo Dam Road within the County right of way to provide an unobstructed path of
travel that is compliant with the Americans with Disabilities Act (ADA). The Project consists of the reconstruction or
redesign of existing concrete sidewalk, curb ramps, and gutters along an approximately 2,700-foot section of San
Pablo Dam Road,
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/03/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V
Supervisor
Contact: Carmen Pina-Sandoval,
(925) 313-2012
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 3, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.10
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:June 3, 2014
Contra
Costa
County
Subject:Resolution of Necessity Hearing for the San Pablo Dam Road Walkability Project, El Sobrante area.
BACKGROUND: (CONT'D)
between Appian Way and El Portal Drive, compliant with ADA Standards. The Project will include drainage
improvements and utility adjustments. The Project will also construct potted landscaping, improve existing
signage, and relocate bus stop signage.
Bus stop benches that obstruct ADA and pedestrian traffic have already been removed and will be replaced at bus
stop locations that meet ADA standards and improve pedestrian accessibility. Forty-seven (47) trees will be
removed and replaced with approximately 70 new trees. In order to minimize damage to any nearby tree that will
not be removed, any roots exposed during excavation will be cut cleanly. In addition, tree branches and shrubbery
may need to be trimmed throughout the project. To ensure compliance with the Migratory Bird Treaty Act
(MBTA), trees will be removed outside of the nesting season or a preconstruction nesting survey will be
conducted. Prior to construction, affected property owners will be notified by the contractor of the upcoming
construction activity and access to private property or businesses will be maintained throughout the Project.
Emergency vehicles will have access through the Project area at all times.
On August 21, 2012, this Board APPROVED the proposed project and ADOPTED the California Environmental
Quality Act (CEQA), Class 1c Categorical Exemption and Finding No Significant Impact pertaining to the Project.
The Project will require the County to acquire property interests from twenty (20) parcels within the Project area,
which is located between Appian Way and El Portal Drive, in El Sobrante. The property interests to be acquired
by the County include fee title to six (6) parcels, and temporary construction easements over fourteen (14) parcels.
The property interests to be acquired by the County are more particularly described in Appendix A.
The County, through the Real Estate Division of the Public Works Department, has made offers of just
compensation to the owners of the properties for the above property interests that the County must acquire for this
Project. Each 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 2014. In order to proceed with the Project, it is
necessary for the County to exercise its power of eminent domain to acquire the above property interests.
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 9, 2014 a Notice of Intention, which notified
these owners that a hearing is scheduled for June 3, 2014, at 9 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 sidewalk on San Pablo Dam Road between Appian Way and El Portal Drive does not meet ADA standards
for width of clearance and slope. The existing sidewalk was initially constructed in the 1940’s and is failing with
many cracks, tripping hazards, and areas of disrepair. The Project will replace the existing sidewalk to provide a
clear even path that meets ADA standards and improves pedestrian accessibility. Temporary construction
easements are required to allow contractors necessary space adjacent to the existing sidewalk for placement of
concrete and for the surface to be properly finished with a new sidewalk at the same existing location that meets
current standards. If the Project is delayed, the existing sidewalk will become further cracked and will further fail,
tripping hazards will be exacerbated, and users who are mobility impaired will continue to have a challenging
path of travel.
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.
The project is planned and located in the same location where it has been located for the previous 60-70 years.
The new surface will be free of tripping hazards at an acceptable width and slope for all users per ADA standards.
The Project will not include removal of improvements on private property, but there will be inconvenience related
to construction work. This inconvenience would occur under any alternative proposed except the “No Project”
alternative. Although there will be some inconvenience, access to properties adjacent to the Project will be
maintained throughout the Project. The Project is more specifically identified in the Notice of Exemption filed
August 22, 2012.
3. The properties sought to be acquired are necessary for the project.
The properties sought for this Project are necessary for the reconstruction and redesign of sidewalk, curb ramps,
and gutters, drainage improvements, and utility adjustments along an approximately 2,700-foot section of San
Pablo Dam Road within the Project area. The Project will also construct potted landscaping, improve existing
signs, and relocate bus stop signs. 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 the 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. Each offer was based on an appraisal
of the fair market value of the property rights being acquired. In this case, efforts were made to acquire each
required property right 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. But, the negotiations were not successful, requiring the County to proceed with the adoption of
this Resolution of Necessity.
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 as outlined in the Board Order; and
ADOPTED Resolution of Necessity No. 2014/181 to acquire the required properties by eminent domain.
ATTACHMENTS
Resolution No. 2014/181
Exhibit A
Appendix A