HomeMy WebLinkAboutMINUTES - 06111996 - D3 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3
4 Re: Condemnation of Property for RESOLUTION OF NECESSITY
Public Purposes - Sandy Cove Lane No. 96/286
5 Slide Repair-Bay Point Area (C.C.P. Sec. 1245.230)
6
7 The Board of Supervisors of Contra Costa County, California, by vote of two-thirds or
8 more of its members, RESOLVES THAT:
9 Pursuant to Government Code Section 25350.5 and Streets and Highways Code§943,
10 Contra Costa County intends to stabilize a landslide and repair damage to public road
11 improvements and, in connection therewith, acquire certain interests in real property.
12 The property to be acquired consists of one (1) parcel and is generally located in the
13 Bay Point area. The said property is more particularly described in Appendix "A", attached
14 hereto and incorporated herein by this reference.
15 On May 23, 1996, notice of the County's intention to adopt a resolution of necessity for
16 acquisition by eminent domain of the real property described in Appendix "A" was sent to
17 persons whose names appear on the last equalized County Assessment Roll as owners of
18 said property. The notice specified Tuesday, June 11, 1996 at 11:00 a.m. in the Board of
19 Supervisors Chambers in the Administration Building, 651 Pine Street, Martinez, California,
20 as the time and place for the hearing thereon.
21 The hearing was held at that time and place, and all interested parties were given an
22 opportunity to be heard. Based upon the evidence presented to it, this Board finds,
23 determines and hereby declares the following:
24 1. The public interest and necessity require the proposed project; and
25 2. The proposed project is planned and located in the manner which will be most
26 compatible with the greatest public good and the least private injury; and
27 3. The property described herein is necessary for the proposed project; and
28
1
:r
1 4. The offer required by Section 7267.2 of the Government Code was made to the
2 owner or owners of record.
3 The County Counsel of this County is hereby AUTHORIZED. and EMPOWERED:
4 To acquire in the County's name, by condemnation, the titles, easements and rights of
5 way hereinafter described in and to said real property or interest(s)therein, in accordance with
6 the provisions for eminent domain in the Code of Civil Procedure and the Constitution of
7 California:
8 Said property to be acquired is to be acquired as a temporary construction easement
9 to expire July 1, 1997 or upon completion of the County's use of the premises whichever shall
10 first occur.
11 To prepare and prosecute in the County's name such proceedings in the proper court
12 as are necessary for such acquisition;
13 To deposit the probable amount of compensation, based on an appraisal, and to apply
14 to said court for an order permitting the County to take possession and use said real property
15 for said public uses and purposes.
16
17
18 ///
19 Ill
20
21
22
23
24
25
26
27
28
2
1 PASSED and ADOPTED on June 11, 1996, by the following vote:
2 AYES: Supervisors Rogers, DeSaulnier, Torlakson, Smith
3 NOES: None
4 ABSENT: Supervisor Bishop
5 ABSTAIN: None
6
7 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,
8 passed and adopted by the vote of two-thirds or more of the Board of supervisors of the
9 Contra Costa County, California, at a meeting of said Board on the date indicated above.
10 Dated: June 11, 1996
11
Phil Batchelor, Clerk of the Board of
12 Supervisors and County Administrator
13
14 By:
Deput
15
16
17
18
19
20 cc: Public Works Department
Real Property Division
21 Auditor-Controller
County Counsel (certified copy)
22 County Administrator
23
24 HADFOTr0RIEFS\SLA0AYPT2RS.WPD
25
26
27
28
3
APPENDIX °A"
PARCEL 1 (Temporary Construction Easement to expire at the end of construction or
July 1, 1997,whichever occurs first)
A portion of Parcel A as shown on the map of Subdivision 6484 filed May 17, 1990 in Book
347 of Maps at Page 5 described as follows:
Beginning at the southeast corner of Lot 34 of said Subdivision 6484 (347 M 5); thence
south 150 4350"east, a distance of 117.77 feet to an angle point on the exterior boundary
of said subdivision formed by the courses labeled north 480 12' 25" east, 67.23 feet and
north 110 03' 06"west, 218.14 feet; thence along the exterior boundary of said Subdivision
6484 (347 M 5) the following five courses; south 480 12' 25"west, a distance of 67.23 feet,
south 720 58' 23" west, a distance of 200.12 feet, south 620 58' 25" west, a distance of
98.74 feet, south 470 41' 54" west, a distance of 68.88 feet, and north 000 35' 24" east, a
distance of 485.90 feet; thence north 780 22' 18" east, a distance of 138.00 feet to the
northwest corner of Lot 40 (347 M 5); thence along the westerly line of said Lot 40 south
130 45' 12"west, a distance of 136.41 feet to the westerly line of Sandy Cove Lane; thence
along the westerly line of Sandy Cove Lane, south 310 43' 07"west, a distance of 42.96
feet and south 250 02' 00"east, a distance of 43.54 feet to the most northerly corner of Lot
39; thence along the exterior lines of Lots 34, 35, 36, 37, 38, and 39 the following five
courses; south 470 37' 04" west, a distance of 31.01 feet, south 020 08' 05" east, a
distance of 98.82 feet, north 710 40' 55" east, a distance of 52.12 feet, north 830 00' 34"
east, a distance of 72.87 feet, and north 550 39' 45" east, a distance of 172.30 feet to the
point of beginning.
Containing 1.76 acres, more or less.
Sandcov.ex
May 23, 1996
P,
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
Date: June 4, 1996
TO: Board of Supervisors
FROM: J. i� a�P bis Wo ks Director
SUBJECT: Report Re: Condemnation Hearing, June 11, 1996
Sandy Cove Slide Repair Project, Bay Point Area
Pursuant to procedure approved by Board Order, dated November 1, 1988, the Public
Works Director sent a Notice of Intention to Adopt a Resolution of Necessity for acquisition
by eminent domain of real property in the Bay Point area to stabilize a landslide and repair
damage to public road improvements, and set June 11, 1996, at 11:00 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 1245.235 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 Proiect - In late February 1996, a large bedrock landslide began to
manifest movement between Beaulieu Drive and Sandy Cove Lane in Bay Point.
Sandy Cove Lane was originally constructed as part of a 127-unit residential
subdivision in 1984-85. Five to thirty feet of cut was made into the natural hillslope
immediately adjacent to the subject property in order to accommodate the homes
at the west end of Sandy Cove Lane. In 1991-92, the 138 homes of the Sea Breeze
development were constructed on the upslope parcel, adjacent to Sandy Cove
Lane. From ten to thirty feet of fill was placed atop the natural slope to provide
building pads for homes on Beaulieu Drive, Beaulieu Court and Beaulieu Place.
All of the sewage and storm runoff from the 138-unit Sea Breeze subdivision is
collected and conveyed through Beaulieu Place, within the active 1996 landslide
headscarp. As an interim emergency measure, storm runoff is being diverted
downslope onto Sandy Cove Lane,,and sewage utilities are being diverted via
facilities in Waterview Place. Residential water service to twenty-six residences on
Beaulieu Drive, Beaulieu Court and Beaulieu Place is being maintained in
temporary, small diameter above-ground service lines to each home. Gas and
power service have been diverted to temporary lines for nine uphill residences. To
date, the County has moved to purchase six properties, with a potential for one or
two more, depending on how much more the landslide moves before emergency
repairs can be accomplished.
Page 1 of 5
STOPPING THE SLIDE PacificaAv
Engineers propose to stabilize slope by
injecting a concrete-and-soil mixture $AY.POINT
deep under the earth, forming 34 Slope a
mortar columns which will fasten the datau
top sliding section of the hill to the o area
Sandy 1
stationarybedrock below. The slope at 1
Cove
Beaulieu Ct Lo o
the foot of the hill would be made more
Beau! 3o Qa 4
gradual with a fill buttress, shortening B urie°PI'
Sandy Cove Lane. Evora Ra77
\�
4
Existing homes
,,..: Four houses on Sandy Cove
r Existing fill Lane and one on Beaulieu
Future Drive would be removed.
buttress
d fI v
!reo#lon of s1iPpage
�. u
Mortar columns ILjL,�uL-{-fl.tl-lIaI�I�Ial—ll—
. .. a,..,.
Staff graphic/Nanette Logue
Ledger Dispatch,Page 3A,Sunday,Apn128, 1996
I
The repair scheme currently envisioned is comprised of four principal components:
(1) Compaction grouting of open tension cracks along, within and adjacent to
Beaulieu Drive and Beaulieu Place, including re-leveling of the homes at 1279,
1283, 1287 and 1291 Beaulieu Drive.
(2) Connection of a toe-of-fill keyway buttress at the bottom of the failing cut/fill
slope between Sandy Cove Lane and Beaulieu Drive/Place. This buttress would
necessarily include infilling of approximately 400 lineal feet of the west branch of
Willow Creek, between 299, 291, 283 and 275 Sandy Cove Lane and Evora Road.
An approximately 400-foot-long extension to the five-foot diameter culvert will need
to be placed as part of the buttress, so that lateral soil pressures are transmitted
across the creek channel. The residences at 299, 291, 283 and 288 Sandy Cove
Lane will need to be removed to provide sufficient space to construct this buttress,
which will be between 25 and 60 feet high. The residence at 275 Sandy Cove Lane
will need to be moved and a lot line adjustment made to accommodate the new toe
of slope and the new cul-de-sac for Sandy Cove Lane.
(3) The construction of a series of deep soil-cement caissons extended through
the active landslide slip surfaces, which vary from ground surface to as much as 82
feet below existing grade. Large drilling equipment will be needed to excavate the
caissons, and a system of temporary access roads and drilling pads will be
fashioned to accommodate the drilling operations. The number of caissons has not
yet been determined, but will likely be concentrated on the northern half of the
active slide area, between Beaulieu Place and Sandy Cove Lane.
Page 2 of 5
(4) An interconnecting system of subdrains, perhaps including utilization of the
existing hydrauger horizontal wells, drain caissons, trench subdrains, blanket
drains, and keyway heel drains. The purpose of these subdrains will be to alleviate
excess hydrostatic pressures within the affected hillside. In addition, subdrains will
be constructed around the reinforced concrete pipe culvert to be placed within the
active creek channel.
Contra Costa County, 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 offer was based on an appraisal of the fair
market value of said property rights.
In order to proceed with the project, it is necessary for the County 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 address
appear on the last equalized County Assessment Roll:
Household Finance Corp Theodore & Esther Dorset
P.O. Box 1410 219 Sandy Cove Ln
Pomona, Ca 91769 Bay Point, Ca 94565
Victor J Racanelli Gene G & Lilia Imbuido
173 Sand Pointe Ln 6 Sea Cliff PI
Bay Point, Ca 94565 Bay Point, CA 94565
Kevin Horton Randell & Ramona Piona
166 Sand Pointe Ln 227 Sandy Cove Ln
Bay Point, Ca 94565 Bay Point, CA 94565
Frank Raymond Flores Jo Ann Eastham
150 Sand Pointe Ln 118 Sand Pointe Ln
Bay Point, Ca 94565 Bay Point, CA 94565
Steve M & Joy L Metcalf Rigoberto & Flora Gomez
134 Sand Pointe Ln 126 Sand Pointe Ln
Bay Point, Ca 94565 Bay Point, CA 94565
Robert &.Marina Hughes Joseph & Sandra Fernandez
264 Sandy Cove Ln 1639 Thornwood Drive
Bay Point, Ca 94565 Concord, CA 94521
Luis M & Pamela D Lazo Francisco & Angela Guillen
256 Sandy Cove Ln 325 Waterview PI
Bay Point, Ca 94565 Bay Point, CA 94565
Francisco &Angela Guillen Georg Korolkov
325 Waterview PI 341 Waterview PI
Bay Point, Ca 94565 Bay Point, CA 94565
Page 3 of 5
Fred R & Josephine M Paat Joanne Drury
1347 8th Ave 373 Waterview PI
San Francisco, Ca 94122 Bay Point, CA 94565
Keith C & Lisa D Robbins Frank S. & Sylvia D. Belleci
381 Waterview PI 3607 Clayton Rd
Bay Point, Ca 94565 Concord, CA 94521
Jeffrey & Freya E Adcock Abundia C. Madrinan
380 Waterview PI 364 Waterview PI
Bay Point, Ca 94565 Bay Point, CA 94565
Anthony Moises & Carmen Mejia Michael & Evangeline Mitchell
405 Skyharbour Ln 453 Skyharbour Ln
Bay Point, Ca 94565 Bay Point, CA 94565
Joyce L Penalver Edward & Marta OToole
478 Skyharbour Ln 1217 Roseann Drive
Bay Point, Ca 94565 Martinez, Ca 94553
George & Toshiko Alpi Mitchell & Cathleen Royba
454 Skyharbour Ln 430 Skyharbour Ln
Bay Point, Ca 94565 Bay Point, CA 94565
Francisco & Erlinda DeAsis Steven & Kimberly Wilkins
2050 Pomo St 2030 Pomo St
Bay Point, Ca 94565 Bay Point, CA 94565
Andrew Aguilar James E. Etchells
2020 Pomo St 2010 Pomo St
Bay Point, Ca 94565 Bay Point, CA 94565
Patrick L. & Sandra E. Porter
51 Pomo Ct
Bay Point, Ca 94565
This notice consisted of sending by first-class and certified mail on May 23, 1996,
a Notice of Intention which notified these owners that a hearing is scheduled for
June 11, 1996, at,11:00 a.m. in the Board's Chambers, at which time they may
appear to be heard on the matters referred to in the notice.
II.
Scope of Hearing Per C.C.P. Section 1245.235
A. Public Interest and Necessity require the proposed proiect.
Public health and the safety of all 138 upslope units are being impacted by
the slide, with twenty-six of those homes directly impacted by temporary
utilities service and ten upslope homes in immediate peril. On the
downslope side, four residences have also been affected, though not as
severely as those above. Lateral movement is occurring beneath 291, 293
and 299 Sandy Cove Lane, moving towards the open creek channel behind
these residences. These three homes need to be removed from their
building pads in order to effect the landslide repair.
Page 4 of 5
B. The project is planned and located in the manner that will_bemost
compatible with the greatest public good and the least private injury.
The purpose of the emergency repair is to restore the maximum number of
residential units to reasonable long-term functionality. At the present time,
fire protection and sanitation are most severely impacted for 26 homes in the
upper subdivision, while utilities outflow for all 138 units of the upper
subdivision are also impacted. It is of the greatest necessity to public health
and safety to effect a long-term solution to the massive earth movement
before the onset of the next winter.
C. The property sought to be acquired is necessary for the project.
The temporary construction permanent required for the project is shown on
the attached drawing (Exhibit "A"). The permit will allow"the County's
contractors to enter onto the hillside open space where the slide is occurring
in order to stablize and repair the slope. This property is part of View Pointe
subdivision's common area in which each of the 127 property owners hold
an interest. To date, a majority of the property owners has voluntarily
agreed to allow the County to perform the repairs; now the County must
acquire the necessary rights from those remaining.
III. 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.
JMW:NW:glo
g:\realprop1emp\bdrep.t6
cc: County Administrators Office
County Counsel
Real Property
Board Clerk-If approved by the Board,please file a copy of this report in your records.
Page 5of5
42
rU
Je
41
40
33
34
POINT OF
BEOINNING
36
37
Uj
w 30
<
D— a 72,
Go toc to
oof ESS104/
S
<e.,
NO. 15227
res 3/
SCALE: 1"=60' viv
CALIF
PLAT MAP
CIVIL ENGINEERING & SURVEYING
O. . FLETT & ASSOCIATES, INC. (510) 935-7710
BF& AE3
1655 N. Main St., Suite 310, Walnut Creek, CA. 94596
MAY 27 1995 6', '9
DATE PROJECT 33