HomeMy WebLinkAboutMINUTES - 02141989 - 2.6 2. 6
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on __February 14, 1989_, by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Proposed Condemnation of Real Property on Livorna
Road, Alamo Area, Subdivision 6743
The Board on February 7, 1989, deferred to this day decision
on the recommendation of the Condemnation Screening Committee
regarding the request of J. Patrick Land Company to condemn ap-
proximately 4260 square feet of property on a parcel of land owned
by Clifford Hirsch and Lori Hirsch needed to widen Livorna Road as
required by the conditions of approval for Subdivision 6743 .
The Board received a report dated February 9, 1989, from J.
Michael Walford, Public Works Director, noting that Mr. Hirsch
desires the developer to construct a retaining wall at the right of
way line for the full height of the embankment which at the highest
point would be approximately 20 feet high. He advised that the
Public Works Department recommends against the retaining wall
solution for the following reasons:
1. A 20 foot high retaining wall in the Alamo area would be a
major eyesore. Livorna Road is a semi-rural horse ranch
environment and such a massive concrete structure would be
totally out of place.
2. Any retaining wall, and particularly one of this size,
alongside a road gives drivers a "tunnel" effect which
diminishes road safety.
3 . Throughout the County walls along roadways have been
attractive graffiti collectors. This is particularly a
problem where school children are present, such as along
Livorna Road.
4. There are serious liability concerns with such a tall wall
in an area frequented by school children.
S. The cost of the excavation and right of way purchase at
the appraised value of $7 . 50 per square foot for the
two-to-one cut slope solution is $38, 000. The cost of the
retaining wall solution, including the minor amount of
right of way, which would be necessary, is $59,000 .
Mr. Walford referred to the oak tree mentioned by Mr. Hirsch
in his presentation to the Board on February 7. He noted that the
oak tree is not a very attractive specimen and could not be saved
with either the retaining wall or the cut slope solution. In
conclusion, the Public Works Director recommended that the Board
approve the recommendation of the Condemnation Screening Committee
and authorize his Department to initiate condemnation procedures on
property located at 216 Livorna Heights Road.
Mr. Clifford Hirsch, 216 Livorna Heights Road, Alamo, appeared
and advised that he disagreed with the report of the Public Works
Director. He urged the Board to reject the recommendation of the
Screening Committee.
John Moore, J. Patrick Land Co. , 7901 Stoneridge Drive, Suite
403 , Pleasanton, spoke on the many conditions imposed by the County
relative to his Bogue Ranch Development and particularly those
conditions dealing with traffic mitigation measures which include
improvements to Livorna Road. Mr. Moore advised that a licensed
appraiser was employed to determine a fair and equitable market
value for the acquisition of land along the right of way and that
most affected property owners had accepted his offer. He advised
that a fair and equitable offer was also made to Mr. Hirsch. Mr.
Moore expressed concern that he was placed in the position of
having to negotiate with property owners for a county right of way
improvement and questioned the propriety of him being placed in
this position. In conclusion, Mr. Moore urged the Board to approve
the recommendations of the Condemnation Screening Committee.
Supervisor Schroder advised that he has spoken to Mr. Hirsch
and also to Moore. He expressed concern with a non-county employee
being placed in the position of having to negotiate for land
acquisition for a county right of way and requested the Public
Works Director to review procedures relative to this matter.
Supervisor Schroder advised that he concurs with the report of the
Public Works Director and therefore would recommend the approval of
the position of the Condemnation Screening Committee.
Therefore, IT IS BY THE BOARD ORDERED that the recommendations
of the Condemnation Screening Committee are APPROVED and that the
Public Works Director is INSTRUCTED to proceed with initiating
condemnation procedures on property located at 216 Livorna Heights
Road, Alamo.
cc: Mr. C. Hirsch
Mr. J. Moore
Public Works Director
County Counsel