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HomeMy WebLinkAboutMINUTES - 12161997 - SD2 SD. 2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 16, 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None This being the time noticed by the Public-Works Department for the hearing on the Adoption of a Resolution of Necessity for acquisition by eminent domain of real property required for the San Ramon Creek Improvement Project (see the Attached Memoradum), Alamo area. Mike Walford, Public Works Director, recommended that consideration of the proposed project be continued to a later date. The public hearing was opened, and no one appeared to speak. IT IS BY THE BOARD ORDERED that the hearing on the above matter is CONTINUED to January 13, 1998, at 11:00 a.m., in the Board's chambers. 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 December 16, 1997 Phil Batchelo, Clerk of the Board Supervis �I Countyministrator BYVIE~VW—W Woe Barbara S. ra , Deputy Clerk C.C. CAO Public Works Dept. 1 I PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: DgLcember 8, 1997 TO: Board of Supervisors FROM: J. Michael Walford, Chief Engineer SUBJECT: Report Re: Condemnation Hear' g, December 16, 1997 San Ramon Creek Improvemen Project, Alamo Area Pursuant to procedure approved by Board Order, dated November 1, 1988, the Chief Engineer sent a Notice of Intention to Adopt a Resolution of Necessity for acquisition by eminent domain of real property in the Alamo area for the purpose of widening and improving San Ramon Creek, and set December 16, 1997 at 1:45 p.m. and thereafter as the date and time affected owners may appear and be heard as to matters specified by law under C.C..P. Section 1245.235 as set forth below. Upon recommendation of County Counsel, the following report is made for the Board's information and consideration prior to taking action upon said hearing. I. Proposed Project - Contra Costa County Flood Control and Water Conservation District (FCD) is planning to construct improvements to approximately 3,400 feet of San Ramon Creek between Chaney Road and Livorna Road in the Alamo area. The project consists of selective channel widening, bank protection and construc- tion of a drop structure and maintenance road. A rectangular concrete channel will be constructed under the existing Livorna Road bridge with a standard folded crest drop structure immediately upstream. Downstream in areas where the creek channel's top width is constrained by the em- bankment of 1-680 to the east and homeowner improvements to the west, gabion walls will be constructed on one or both banks. In areas with fewer constraints, the channel will be a modified earthen channel with a wide bottom width and vegetated earthen side slopes. Where the westerly bank is too steep and eroding, the slope will be relaxed, using broken concrete rubble at the toe. Wherever feasible, channel work will be limited to one side of the channel in order to minimize the removal of vegetation. Mitigation planting as directed by the U. S. Army Corps of Engineers and the Department of Fish and Game will follow the completion of the project. The Flood Control District, through the Real Property 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 offers were based on an appraisal of the fair market value of said property rights. 1 Most of the affected property owners have already accepted the District's offers. Real Property staff is currently negotiating with the remaining property owners. In order to proceed with the project, it is necessary for the Flood Control District to exercise its power of eminent domain. Pursuant to Section 1245.235 of the Code of Civil Procedure, notice was given to the following persons whose names and addresses appear on the last equalized County Assessment Roll- Joe D. & Monica A. Henley David Margen 1475 Vine Lane Lawton Associates Alamo, CA 94507 4797 Telegraph Avenue, #205 Oakland, CA 94609 James A. & Joanne L. Franco c/o Thomas C. Nagle Russell Hagerstrand 500 Ygnacio Valley Road, Suite 325 1428 Sunnybrook Road Walnut Creek, CA 94596 Alamo, CA 94507 Charles L. Eyerly, Jr. Laura Juenke Linda G. Eyerly 540 Kessway 2213 Lake Oaks Court Reno, NV 89506 Martinez, CA 94553 This notice consisted of sending by first-class and certified mail on November 25, 1997, a Notice of Intention which notified these owners that a hearing is scheduled for December 16, 1997 at 1:45 p.m. and thereafter in the Board's Chambers, at which time they may appear to be heard on the matters referred to in the notice. II. Scope of Hearing Per C.C.P. Section 1245.235 A. Public Interest and Necessity require the proposed prosect. The San Ramon Creek Improvement Project stems from recommendations made in the January 1977 staff report on the San Ramon Creek watershed. An advisory committee of local residents and interested parties met periodically to provide assistance and input in the planning of the project, which has since been stalled due to lack of funding. The need for the project was further reinforced by flooding in the area in 1982 and 1986. In January 1986, an Engineer's Report and a project-specific environmental impact report were released for public comment. In the mid-90's, the Flood Control District redesigned the project to make it more environmentally sensitive and less costly. The advisory committee and local residents have been involved in a series of meetings and have commented on various aspects of the plan. 2 SD Z B. The project is planned and located in the manner that will be most compati- ble with the greatest public good and the least private injury. When completed, the project will remove approximately 175 acres of developed residential area from the 100-year floodplain and lessen the existing bank erosion occurring along the westerly side of San Ramon Creek. The alignment of the new creek channel is somewhat determined by the alignment of the existing creek. During the planning process, various bypass alternatives were investigated but were not chosen because they would have required the acquisition of approximately 12 houses and the relocation of their residents. Gabion retaining walls have been used to minimize the amount of right of way necessary for the project. The project cannot be shifted farther to the east without either shifting the alignment of 1-680 or constructing a massive concrete retaining wall. C. The property sought to be acquired is necessary for the project, The Flood Control District is seeking to acquire easements from abutting property owners for the armoring of eroding creek banks and the construc- tion of gabion retaining walls where necessary in order to increase the flood flow capacity. If the District is unable to acquire all of the necessary rights, a bottleneck will cause the creek to overtop and continue to flood adjacent properties, and bank erosion will continue to occur. 111. Recommended Action A. Board to ask if any notified property owners wish to be heard as to the three items specified in Section II above, whether the offer of compensation required by Section 72672.2 of the Government Code has been made, or on any other issue which they would like the Board to consider when deciding whether to adopt the proposed Resolution of Necessity, except for the issue of compensation. B. Upon completion and closing of the hearing, it is recommended that the Board make the findings and determinations listed under II A, B and C above, make an additional finding that the offer of compensation required by Section 7267.2 of the Government Code has been made to the owner or owners of record, adopt a Resolution of Necessity to acquire the required property by eminent domain and direct the Board Clerk to file a copy of this report. NW:gpp g:\realprop\97-12\bdrep.wpd cc: County Administrator's Office County Counsel Real Property Board Clerk- If approved by the Board, please file a copy of this report in your records. 3