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HomeMy WebLinkAboutMINUTES - 06032014 - D.11RECOMMENDATION(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 Resolution of Necessity (No. 2014/165) to acquire the required properties by eminent domain. Project No.: 0662-6R4025 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 by 31% High Risk Rural Road Funds, 21% Highway Safety Improvement Program Funds, 8% Prop. 1B Funds, and 40% East County Regional Area of Benefit Funds. BACKGROUND: A. Proposed Project The purpose of this project is to realign the curve along Marsh Creek Road from 2.0 miles to 2.25 miles west of Deer Valley Road, including widening the travel lanes from 10 feet to 12 feet and creating 6 feet paved shoulders and 2 feet shoulder backing. The project also includes culvert replacement, reconstruction of the ditch on the north side of the road, driveway conforms, and 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: Karen Laws, (925) 313-2228 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.11 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 Marsh Creek Road Safety Improvements: 2.0 to 2.25 Miles West of Deer Valley Rd. Project, Clayton area. BACKGROUND: (CONT'D) the relocation of mailboxes, fencing, signage, utility poles and a call box. A temporary access roadway will be created to the south of the roadway, which will allow for vehicle travel during construction of the project. Further, during project construction, access to properties adjacent to the project area will be maintained. On August 13, 2013, this Board APPROVED the proposed project and ADOPTED the Mitigated Negative Declaration and Finding of No Significant Impact pertaining to this project. To accomplish the road safety improvements, the project requires the acquisition of five (5) parcels from three property owners including fee title to two parcels, a slope easement over one parcel, and temporary construction easements over two parcels. 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 property interests required for this segment of the 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 spring of 2015. In order to proceed with the project, it is necessary for the County to exercise its power of eminent domain to acquire the property interests described herein. 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 3, 2014 and April 11, 2014, a Notice of Intention, which notified the owners that a hearing is scheduled for June 3, 2014 at 9:00 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 and Findings Required by Code of Civil Procedure section 1245.235 1. The public interest and necessity require the proposed project. Marsh Creek Road is a heavily used commuter route that connects the Antioch and Brentwood areas to Central Contra Costa County. Widening is necessary in order to bring the existing pavement section in this section of Marsh Creek Road to current County standards and improve safety by providing vehicles a wider recovery area. The project will also realign the existing curve to meet Caltrans Highway Design Manual standards. A temporary 2-lane 2-way detour road will be located immediately south of the existing roadway, which will allow for vehicle travel during construction of the project. The project will add a Class III bicycle route along this section of roadway, which will also enhance safety by allowing bicycles and vehicles to share the roadway. 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 improvements with the greatest public good and the least impact to adjacent properties. The alignment selected was designed to meet the current Caltrans Highway Design Manual and the County’s Standard Plans in order to achieve the property 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 property interests sought for this project are necessary for the widening and realignment of Marsh Creek Road 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 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 or 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 interests necessary for this safety project. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM Speakers: Sue Williamson, resident of Clayon; Harry Williamson, Sr., resident of Clayton; Ralph Hoffmann, resident of Walnut Creek. CLOSED the Public Hearing; MADE the findings and determinations as outlined in the Board Order; and ADOPTED Resolution of Necessity No. 2014/165 to acquire the required properties by eminent domain. ATTACHMENTS Resolution No. 2014/165 Exhibit A Appendix A