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Home My WebLink AboutMINUTES - 05152001 - C.1 TO: BOARD OF SUPERVISORS CO tear- FROM: Silvano B. Marchesi, County Counsel County By: Sharon L. Anderson,Assistant County Counsel DATE: May 8, 2001 SUBJECT: Agreement Among Contra Costa County, Caltrans, and the Contra Costa Transportation Authority for the Joint Exercise of the Power of Eminent Domain For the State Route 4 East Widening, Railroad to Loveridge, Project SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDATION: APPROVE and AUTHORIZE the Public Works Director or his designee to execute an Agreement among Contra Costa County, Caltrans, and the Contra Costa Transportation Authority ("CCTA") for the Joint Exercise of the Power of Eminent Domain for the State Route 4 East Widening, Railroad to Loveridge project. II. FINANCIAL IMPACT: Nominal. The State Route 4 East Project is funded through CCTA. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: The State Route 4 East Widening, Railroad to Loveridge, Project consists of the joint construction of improvements consisting of the widening and improving of State Highway Route 4 from west of Railroad Avenue to west of Loveridge Road, reconstruction of the Railroad Avenue interchange, reconstruction of the Harbor Road overcrossing, and the reconstruction of Frontage Road, together with the acquisition of land necessary for said project. The law allows several public agencies to cooperate in the acquisition and construction of a single project through a joint exercise of powers agreement. CCTA, Caltrans and the County previously entered into various Cooperative Agreements, intended to be a joint exercise of the respective powers of eminent domain of the County and Caltrans, for purposes of the project. The purpose of this agreement is to clarify and reaffirm that intent in a single, integrated agreement. CCTA and Caltrans staff have approved the proposed agreement. CONTINUED ON ATTACHMENT: x YES SIGNATUR';� _&�-IkECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE ,-OTHER SIGNATURE(S): ACTION OF B A ON May 15, 2001 APPROVED AS RECOMMEN x OTHER x UNANIMOUS I HEREBY CERTIFY THAT THIS IS A TRUE AND (ABSENT ) CORRECT COPY OF AN ACTION TAKEN AND ENTERED N THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ATTESTED May 15, 2001 JOHN SWEETEN, CLERK OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: County Counsel (335-1800) BY Public Works Dept. DEPUT Attn: Karen Laws, Real Prop. Div. contact: Sharon L. Anderson 335-1815 I.UOANN\BrdMemo.wpd AN AGREEMENT BETWEEN ORIGINAL THE COUNTY OF CONTRA COSTA,THE STATE OF CALIFORNIA, AND THE CONTRA COSTA TRANSPORTATION AUTHORITY FOR THE JOINT EXERCISE OF THE POWER OF EMINENT DOMAIN FOR THE STATE ROUTE 4 (E) WIDENING - RAILROAD TO LOVERIDGE PROJECT THIS AGREEMENT is effective the 15th day of May , 2001 between the COUNTY OF CONTRA COSTA,a political subdivision of the State of California(referred to herein as COUNTY),the STATE OF CALIFORNIA,acting by and through its Department of Transportation (referred to herein as STATE), and the CONTRA COSTA TRANSPORTATION AUTHORITY, a public entity(referred to herein as AUTHORITY)pursuant to the joint exercise of powers provisions of California Government Code sections 6500-6522 and the California Code of Civil Procedure Section 1240.140. The COUNTY, the STATE and the AUTHORITY are collectively referred to herein as the PARTIES. RECITALS A. On or about January 1, 2000, the AUTHORITY and COUNTY initially entered into an Agreement related to the widening and improvement 'of State Highway Route 4 in the Pittsburg area,the original of which is maintained on file by STATE and by AUTHORITY as Contract 124. Said Agreement, including all existing and future amendments thereto, is incorporated herein by reference and made a part hereof. As part of that Agreement, it was agreed that COUNTY,upon request of AUTHORITY,would acquire all required interests in real property, which included acquisitions to be made on behalf of the STATE. The AUTHORITY also set aside funding for right-of-way acquisition by approving appropriation resolution#00-08-P on May 17, 2000. B. On or about March 6, 1992, AUTHORITY and STATE entered into a Master Cooperative Agreement(CCTA Agreement#90.00.02 and Caltrans Agreement 4-1376-C),the original of which is.maintained on file by STATE and by AUTHORITY. The agreement anticipates the execution of a series of attachments that will detail scopes-of-work referring to specific projects to be jointly constructed by the AUTHORITY and STATE. Said Cooperative Agreement including all existing and future amendments and attachments thereto as they pertain to this PROJECT (as defined in paragraph D(1) herein below), and specifically including the Scope of Work for the State Route 4/Railroad Ave. to Loveridge Road Widening, are incorporated herein by reference and made a part of this Agreement. C. It is the intent of the parties to the foregoing Agreements(hereinafter collectively referred to, including all existing and future amendments,as the COOPERATIVE AGREEMENTS)that: (1) Said COOPERATIVE AGREEMENTS are intended to document the joint exercise of powers by the parties pursuant to Government Code Section 6500 et seq and Code of Civil Procedure Section 1240.410 authorizing COUNTY to exercise the power of eminent domain for the acquisition of property on behalf of the PARTIES. Agreement 90.14.05 (2) Said joint exercise of powers does not constitute the creation of an agency or entity which is separate from the PARTIES to the COOPERATIVE AGREEMENTS as described in California Government Code section 6503.5. D. By this Agreement, the PARTIES intend to reassert and reaffirm, in a single integrated agreement executed by the PARTIES, what is intended in said COOPERATIVE AGREEMENTS, to-wit, that: (1) The subject PROJECT consists of the joint construction of improvements consisting of the widening and improving of State Highway Route 4 from west of Railroad Avenue to west of Loveridge Road,reconstruction of the Railroad Avenue interchange reconstruction of the Harbor Road overcrossing, and the reconstruction of Frontage Road (the PROJECT), together with the acquisition of land necessary for said PROJECT. All references to the PROJECT in said COOPERATIVE AGREEMENTS relevant to the exercise of the power of eminent domain,included therein and herein, includes but is not limited to all of the above features of the PROJECT together with all supporting features necessary to protect, preserve the safety and usefulness of the PROJECT, mitigate the effects of the PROJECT or otherwise required to be acquired as a condition of any permit for the PROJECT; (2) With respect to the acquisition of any real property or interest therein required for the PROJECT, or otherwise necessary to protect, preserve the safety of usefulness or mitigate the effects of the PROJECT, or otherwise required to be acquired as a condition of any permit for the PROJECT,the COOPERATIVE AGREEMENTS are, and at all times relevant to the PROJECT have been,and will continue to constitute a joint exercise of powers between AUTHORITY, STATE and COUNTY. (3) All real property or interests therein required for the PROJECT, or otherwise necessary to protect or preserve the safety and usefulness of the PROJECT or mitigate the effects of the PROJECT,or otherwise required to be acquired as a condition of any permit for the PROJECT,may be acquired by eminent domain through the exercise of said joint powers agreement via the COOPERATIVE AGREEMENTS. AGREEMENT 4/9/2001 Page 2 of 5 Agreement 90.14.05 1. Purpose to Reaffirm: AUTHORITY,STATE and COUNTY hereby agree and reaffirm that it was and is their intent that: A. For purposes relevant to the exercise of the power of eminent domain,the PROJECT, as that term is used in the COOPERATIVE AGREEMENTS and herein, includes all of the features of the PROJECT as set out in Recital D(1), (2) and (3) of this Agreement; and B. Pursuant to the terms of the COOPERATIVE AGREEMENTS, STATE and COUNTY shall jointly exercise their'respective powers of eminent domain to acquire all real property or interests therein required for the PROJECT or otherwise necessary to protect or preserve the safety and usefulness or mitigate the effects of the PROJECT, or otherwise required to be acquired as a condition of any permit for the PROJECT. 3. Lead Agency: AUTHORITY, STATE and COUNTY hereby agree and reaffirm that, pursuant to the terms of the COOPERATIVE AGREEMENTS, COUNTY is and has been designated thereby and hereunder as the party to administer the portion of the COOPERATIVE AGREEMENTS relating to the acquisition of real property,through eminent domain or otherwise, by and through its Board of Supervisors, County officials and Departments and its attorneys. 4. Powers: AUTHORITY,STATE and COUNTY hereby agree and reaffirm that,at all relevant times, COUNTY has had and shall continue to have the powers relating to the PROJECT to conduct all public hearings to the end of adopting a resolution of necessity, to take whatever steps are necessary to initiate and conduct to a conclusion such eminent domain proceedings as are necessary to obtain title to any and all real property interests which are required for the construction of the PROJECT, or otherwise necessary to protect or preserve the safety and usefulness of the PROJECT or mitigate the effects of the PROJECT,or otherwise required to be acquired as a condition of any permit for the PROJECT, and in connection therewith to enter into any and all contracts to obtain performance of all legal,engineering,appraisal,right of way, relocation assistance and related services. 5. Costs: The responsibilities of the parties for costs of acquisition, construction and maintenance of the PROJECT are described in the COOPERATIVE AGREEMENTS, and include, but are not limited to payments for all legal,.engineering, appraisal, right of way services and related costs;payments for any and all relocation assistance claims;and payments to property owners of just compensation for any and all property rights acquired by negotiation, settlement, condemnation award or otherwise. 6. Subject Property; Title: AUTHORITY, STATE and COUNTY hereby agree and reaffirm that COUNTY has the right to exercise the powers granted by the Eminent Domain Law to 4/9/2001 Page 3 of 5 Agreement 90.14.05 acquire any real property,any interest therein,and any appurtenance thereto, required for the PROJECT, or otherwise necessary to protect or preserve the safety and usefulness of the PROJECT, and to transfer title to said properties to STATE or as otherwise directed by AUTHORITY. 7. Term: This Agreement shall remain in effect until the COUNTY US authorization to perform eminent domain and other services relating to property acquisition has terminated in accordance with the COOPERATIVE AGREEMENTS. 8. Funding and Accountability: As required by Government Code section 6505, all parties shall be strictly accountable for all funds under their control and, upon request, will report receipts and disbursements. Funds shall only be encumbered or obligated to the PROJECT as authorized by and under the terms of the COOPERATIVE AGREEMENTS. After the completion of the purpose of this Agreement,any surplus money on hand shall be returned in proportion to the contributions made. [Remainder of page left intentionally blank] 4/9/2001 Page 4 of 5 Agreement 90.14.05 9. Counterparts: This Agreement may be signed in counterparts and shall become effective upon its execution by the parties hereto, each copy having the same force and effect as an original. CONTRA COSTA COUNTY CONTRA COSTA TRANSPORTATION AUTHORITY By: By: Maurice Shiu Irma Anderson, Chair Public Works Director ATTEST: By: Robert K. McCleary, Executive Director APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Sharon L. Anderson Stanley Taylor, Legal Counsel Assistant County Counsel STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Director of Transportation By: Deputy District Director APPROVED AS TO FORM: By: Counsel for Department of Transportation 4/9/2001 Page 5 of 5 j BOARD OF SUPERVISORS -2- May 8, 2001 -Agreement Among CCC, CalTrans &CCTA for the Joint Exercise of Power of Eminent Domain - SR4 East Widening, Railroad to Loveridge, Project IV. CONSEQUENCES OF NEGATIVE ACTION. In a worst-case, but unlikely scenario, a court might rule that the Cooperative Agreements were not the substantial equivalent of a Joint exercise of Powers Agreement, and then deny the County's authority to condemn for State Highway purposes. In the more likely best-case scenario, a court would rule that the Cooperative Agreements were the substantial equivalent of a Joint Exercise of Powers Agreement. In this case there would be no consequences of negative action. However, there is no reason to expose Caltrans, CCTA and the County to any risk of project delay in the event that the right to acquire key project parcels by eminent domain were challenged. I:U0ANN1BrdMemo.wp4