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Home My WebLink AboutMINUTES - 10282014 - D.7RECOMMENDATION(S): OPEN the public hearing and ask if any notified property owners wish to be heard as to the one item specified in Section B below; CLOSE the public hearing. (Project No.: 0662-6R4122.) Upon completion and closing of the hearing, MAKE the findings and determinations listed under Section B below and ADOPT Resolution of Necessity (No. 2014/397) to acquire the required property 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 as follows: Transportation for Livable Communities (TLC) Funds – 67%, Transportation Development Act (TDA) Funds – 8%, Martinez Area of Benefit (Martinez AOB) Funds – 14% and Local Road Funds – 11%. DCD-CP#12-41 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/28/2014 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: 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: October 28, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: County Administrator, Auditor-Controller, County Counsel (certified copy of Resolution), Public Works Finance D. 7 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:October 28, 2014 Contra Costa County Subject:Resolution of Necessity Hearing for the Pacheco Boulevard Sidewalk Gap Closure Project, Phase II (Project), Martinez, area. BACKGROUND: A. Proposed Project The purpose of this Project is to provide pedestrian facilities along a segment of Pacheco Boulevard. The Project will extend the distance of uninterrupted sidewalk for the residents of the surrounding neighborhood and students walking to and from Las Juntas Elementary School. The Project will also provide sidewalk access for the mobility impaired and additional paved area for bicyclists and a parking lane. The Project will construct approximately 1,200 linear feet of 6.5-foot wide concrete sidewalk along the north side of Pacheco Boulevard, beginning approximately 230 feet east of Morello Avenue and ending at Windhover Way. The Project will include construction of Americans with Disabilities Act (ADA) compliant curb ramps, a Class II bike lane, and a parking lane along this section of Pacheco Boulevard. The Project also will include constructing ADA-compliant driveway conforms at the properties fronting this section of Pacheco Boulevard and utility relocations. The Project was planned to be consistent with the precise alignment, adopted by Contra Costa County 1962, for this section of Pacheco Boulevard. On April 9, 2013, this Board APPROVED the proposed Project and ADOPTED the California Environmental Quality Act (CEQA), Class 1(c) Categorical Exemption and Finding No Significant Impact pertaining to this Project. The Project will require the County to acquire property interests from three (3) parcels within the Project area, which is located between Morello Avenue and Windhover Way, in Martinez. The property interests to be acquired by the County include two (2) permanent maintenance easements, and one (1) temporary construction easement on the parcel. The property interests to be acquired by the County are more particularly described in Appendix A. 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 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 2015. In order to proceed with the Project, it is necessary for the County to exercise its power of eminent domain to acquire the above – described 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 name and address appear on the last equalized County Assessment Roll. This notice consisted of sending by first-class and certified mail on October 9, 2014 a Notice of Intention which notified the owner that a hearing is scheduled for October 28, 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 Per C.C.P. Section 1245.235 1. Public Interest and Necessity require the proposed project. Pacheco Boulevard is a main thoroughfare in the City of Martinez and unincorporated Contra Costa County. The portion of Pacheco Boulevard affected by this Project is located between Windhover Way and Morello Avenue in unincorporated Contra Costa County. The purpose of the Project is to construct an ADA compliant sidewalk along the north side of Pacheco Boulevard between Morello Avenue and Windhover Way, to provide safe routes to the local elementary school that is located east of the Project, a bike lane, curb and gutters and driveways to the local businesses. By delaying this work, the sidewalk will not be completed and residents and students 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 addresses significant and ongoing access deficiencies along this portion of Pacheco Boulevard. Any delay in starting and completing the Project will extend the period of time in which the school children, general public, residents and businesses along this section of Pacheco Boulevard are subjected to the lack of adequate access in compliance with ADA. The Project is planned and located in the vicinity of the approved Pacheco Boulevard Precise Alignment, which was adopted by Contra Costa County in 1962. The Project includes ADA - compliant sidewalk improvements, curb and gutters, and driveway improvements at Properties along the above-described section of Pacheco Boulevard. The Project is more specifically identified in the Notice of Exemption filed April 9, 2013. 3. The property sought to be acquired is necessary for the Project. The property sought for this Project is necessary for the completion of the Project. 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 this property. 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 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 rights 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, 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 Speaker: Randall David on behalf of Mohammad Ahmadieh, Ahmadieh Family Trust. ATTACHMENTS Resolution No. 2014/397 Exhibit A Appendix A EXHIBIT “A” Mohammad & Zarin Ahmadieh, Trustees 11 Alamo Lane Alamo, CA 94507 G:\realprop\Board Orders\2014\October\October 28, 2014\Hearing-Pacheco Blvd Gap Closure Phase II\EXHIBIT A mailing.docx