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HomeMy WebLinkAboutMINUTES - 05121987 - T.6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this order on May 12, 1987 , by the following vote: AYES; Supervisors Powers, Fanden, Schroder, Torlakson, McPeak NOES; None ABSENT; None ABSTAIN; None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: Resolution of Necessity to Acquire Property by Eminent Domain, Pleasant Hill/BART Station Area The Board on April 21, 1987 fixed this date for hearing on condemnation of property in the Pleasant Hill BART Station Area. The Board received the attached report dated May 6, 1987 from Harvey Bragdon, Director of Community Development, recommend- ing actions related to the proposed condemnation. Roger Frost, Public Works Real Property Division, advised that the property located on the north side of Treat Boulevard between Arguello Court and Del Hombre Lane is a 12 foot wide strip of land required for the widening of Treat Boulevard to improve the traffic flow into the Pleasant Hill BART Station. He recommended that the Board adopt a Resolution of Necessity to acquire the property by eminent domain. Supervisor Sunne McPeak opened the public hearing. J. Ronald Pengilly, 101 California Street, 35th Floor, San Francisco 94111, representing the Ryder Family Partnership, stated that the greatest public good and least private injury would be better met by widening Treat Boulevard on the south side, where the buildings are already set back some distance from the street. He advised that when finished the project as proposed would leave almost no space between his client' s building and the street. Mr. Pengilly expressed concern as to whether all legal requirements as specified under C.C.P. Section 1245. 235 had been complied with. He also expressed the belief that the compensation offered to his client was less than the appraised value of the property. Jay Ryder, Ryder Family Partnership, urged the Board to defer adoption of the Resolution of Necessity and to reconsider the project. There being no one further wishing to speak, Supervisor McPeak declared the public hearing closed. Supervisor McPeak recommended that the matter be re- ferred to the Director of Community Development and County Counsel for review and report back to the Board on the issues raised by the property owner, and that decision be deferred to May 26, 1987. Board members being in agreement, IT IS ORDERED that the recommendations of Supervisor McPeak are APPROVED. 1 hereby certify that this is a true and correct copy of cc: J. Ronald Pengilly an action taken and entered on the minutes of the Community Development Director Board of Supervisors on the date shown. County Counsel Public Works ATTESTED: /.; /98 7 County Administrator PHIL BATCHEL R, Cie:t: of the Board of Supervisors and County Administrator By , Deputy TO: REDEVELOPMENT AGENCY FROM: Phil Batchelor, Executive Director DATE: May 6, 1987 SUBJECT: Condemnation Hearing, May 12, 1987 at 10: 30 a.m. SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Staff recommends that the Agency take the following actions: A. Hold a public hearing as required by C.C.P. Section 1245.235 with respect to condemnation of the following property located in the Pleasant Hill BART Station Area Redevelopment Project. Property located on the north side of Treat Boulevard lying between Arguello Court and Del Hombre Lane, generally being a 12 foot wide strip of land and associated work area required for the widening of Treat Boulevard. B. Make the findings and determinations as listed in the follow- ing report under Section II A, B, C and D. C. Adopt a Resolution of Necessity to acquire the above listed property by eminent domain and direct the Clerk to file a copy of this report. FISCAL IMPACT None. Developer is required to pay all costs of acquisition. BACKGROUND/REASONS FOR RECOMMENDATIONS On April 21, 1987, the Board of Supervisors as the Board of Directors of the Contra Costa County Redevelopment Agency, adopted Resolution of Intention to Adopt Resolution of Necessity No. RA 87/11 for condemnation of real property for the Pleasant Hill BARTD Station Area Redevelopment Project, and set May 12, 1987 at 10: 30 a.m. as the date and time affected owners may appear and be heard as to matters specified by law under C.C.P. Section 1245.135 as se forth below. CONTINUED ON ATTACHMENT: YES SIGNATURE': RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION-" AdWCYFCOMMITTEE APPROVE OTHER SIGNATURE(S) : ION OF AGENCY �7 ON APPROVED AS RECOMMENDED OTHER VOTE OF COMMISSIO S I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES. ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT AGENCY ON THE DATE SHOWN. ::S CY ON THE DAT T cc: Redevelopment Agency ATTESTED Public Works/Real Property PHIL BATCHELOR, AGENCY SECRETARY BY DEPUTY GR:krc ral4 : 5-12.7-87 .ra2 Condemnation Hearing May 12, 1987 Page 2 Upon recommendation of County Counsel, the following report is made for the Agency' s information and consideration prior to taking action upon said hearing. I. Proposed Project The project entails the widening of Treat Boulevard by an additional lane west bound to improve the traffic flow into the Pleasant Hill BARTD Station. The widening between Del Hombre Lane and Arguello Court involves two properties; a 12 foot wide strip of land is to be acquired from both. The existing sidewalk is to be replaced as a part of the project. In order to proceed with the project, it is necessary for the Agency 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: 1. Ryder Family Partnership 1425 Treat Boulevard Walnut Creek, CA 94596 2. James O'Brien, D.V.M. , et.al 632-3rd Street Santa Rosa, CA 95404 This notice consisted of sending by first-class mail on April 23, 1987, a copy of Redevelopment Agency Resolution No. RA 87-11 dated April 21, 1987, which notified these owners that a hearing is scheduled for May 12, 1987, at 10:30 a.m. in the Board of Supervisor' 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 project. on July 10, 1984, the Board approved the Pleasant Hill BARTD Station Area Redevelopment Project. This project provides for the assemblage of parcels within designated development areas and for the widening and/or construction of roads within the project area. After many public hearings and meetings the Board recognized that the public interest and n6ce,§s`ity'requires this project to promote controlled development that will integrate social: and economic benefits to Contra Costa County. B. 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 Environmental Impact Report for this project was certified by the Board on July 10, 1984. This report documents the need for, and the benefit to the public that will derive from the redevelopment project. C. The property sought to be acquired is necessary for the project. Per plans and specifications dated November, 1986, prepared by Aliquot Associates on behalf of the Contra Costa County Redevelopment Agency. D. The offer of compensation required by Section 7267 .2 of the Government Code has been made to the owner or owners of record. The Agency has offered the owners the full appraised value of their properties based on an approved appraisal. Condemnation Hearing May 12, 1987 Page 3 III . Recommended Action A. Agency to ask if any notified property owners wish to be heard as to the four items specified in Section II above. B. Upon completion and closing of the hearing, it is recommended that the Agency make the findings and determinations listed under II A, B, C and D above and adopt a Resolution of Necessity to acquire the required property by eminent domain and direct the Clerk to file a copy of this report. cc: Agency Secretary If approved by the Agency, please file a copy of this report in your records. co �o o �1 s91 ao co o —'�►� QG t G '90 rN Cp co 00 � C40N \ R,a vhL,©-J Co, yx,99 a ON � 3 �a