HomeMy WebLinkAboutMINUTES - 06192001 - SD.5 1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property )
for Public Road Purposes, ) RESOLUTION OF NECESSITY
4 Port Chicago Hwy., Bay ) No. 2001/255
Point Area ) (C.C.P. § 1245.230)
5 )
6
7 The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more
8 of its members,RESOLVES that:
9 Pursuant to Government Code section 25350.5 and Streets &Highways Code section 943,
10 Contra Costa County intends to construct a road reconstruction project, a public improvement, to
t� 11 widen a portion of Port Chicago Highway in the Bay Point area, and, in connection therewith,
12 acquire interests in certain real property.
43 The properties to be acquired consist of twelve(12)parcels and are generally located in the
14 Bay Point area. The said properties are more particularly described in Appendix "A", attached
15 hereto and incorporated herein by this reference.
16 On June 1, 2001, notice of the County's intention to adopt a resolution of necessity for
17 acquisition by eminent domain of the real property described in Appendix"A"was sent to persons
18 whose names appear on the last equalized County Assessment Roll as owners of said property. The
19 notice specified June 19, 2001, at 9:00 a.m. in the Board of Supervisors Chambers in the
20 Administration Building,651 Pine Street,Martinez,California,as the time and place for the hearing
21 thereon.
22 The hearing was held at that time and place, and all interested parties were given an
23 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and
24 hereby declares the following:
25 1. The public interest and necessity require the proposed project; and
.26 2. The proposed project is planned and located in the manner which will be most
27 compatible with the greatest public good and the least private injury; and
28 3. The property described herein is necessary for the proposed project, and
RESOLUTION NO. 2001/255 1
1 4. The offer required by section 7267.2 of the Government Code was made to the owner
2 or owners of record; and
3 5. That insofar as any of the property described in this resolution has heretofore been
4 dedicated to the public use for public purposes, the acquisition and use of such
5 property by Contra Costa County for highway purposes is fora more necessarypublic
6 use than the use to which the property has already been appropriated or a compatible
7 public use. This determination and finding is made and this resolution is adopted
8 pursuant to Code of Civil Procedure sections 1240.510 and 1240.610; and
9 6. On January 23,2001,this Board approved the proposed project and determined that
10 the Port Chicago Highway Widening Intersection and Improvements Project is a
11 California Environmental Quality Act (CEQA) Class 1(c) categorical exemption.
12 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
13 To acquire in the County's name, by condemnation, the titles, easements and rights of way
14 hereinafter described in and to said real property or interest(s) therein, in accordance With the
15 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
16 Parcels 2, 5 and 8 are to be acquired in fee title.
17 Parcels 1, 3, 6, and 9 are to be acquired as permanent easements.
18 Parcels 4, 7, 10 and 14 are to be acquired as temporary easements.
19 Parcel I-A is to be acquired as Abutter's Rights (Relinquishment of Access Rights).
20 To prepare and prosecute in the County's name such proceedings in the proper court as are
21 necessary for such acquisition;
22 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
23 court for an order permitting the County to take immediate possession and use said real property for
24 said public uses and purposes.
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RESOLUTION NO. 2001/255 2
I PASSED and ADOPTED on June 19, 2001, by the following vote:
2 AYES: SLJ ZRVIS03S GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA
3 NOES: NONE
4 ABSENT: NONE
5 ABSTAIN: NONE
6
7 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed
8 and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa County,
9 California, at a meeting of said Board on the date indicated above.
10 1 hereby certify that this is a true and correct-
copy of an actio taken and entered on the
minutes of the and of Supervisors on the
12 I date shown. /A
ATTESTED: o
13 JOH EETEN, Clerk of the Board
of Su visors and Cpunty.Administrator
14 By a uty
15 OrVI)ept: Public Works Department ( �
Contact: Dick R. Awenius (313-2227)
16 Auditor-Controller
County Counsel (Certified Copy)
17 1ACL.ER\C0NDE W PCres-nee.wpd
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RESOLUTION NO. 2001/255 3
1 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
2
3 Re: Condemnation of Property )
for Public Road Purposes, ) RESOLUTION OF NECESSITY
4 Port Chicago Hwy., Bay ) No. 2001/255
Point Area ) (C.C.P. § 1245.230)
5 )
6
7 The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more
8 of its members, RESOLVES that:
9 Pursuant to Government Code section 25350.5 and Streets & Highways Code section 943,
10 Contra Costa County intends to construct a road reconstruction project, a public improvement, to
11 widen a portion of Port Chicago Highway in the Bay Point area, and, in connection therewith,
12 acquire interests in certain real property.
13 The properties to be acquired consist of twelve(12)parcels and are generally located in the
14 Bay Point area. The said properties are more particularly described in Appendix "A", attached
15 hereto and incorporated herein by this reference.
16 On June 1, 2001, notice of the County's intention to adopt a resolution of necessity for
17 acquisition by eminent domain of the real property described in Appendix "A"was sent to persons
18 whose names appear on the last equalized County Assessment Roll as owners of said property. The
19 notice specified June 19, 2001, at 9:00 a.m. in the Board of Supervisors Chambers in the
20 Administration Building,651 Pine Street,Martinez,California,as the time and place for the hearing
21 thereon.
22 The hearing was held at that time and place, and all interested parties were given an
23 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and
24 hereby declares the following:
25 1. The public interest and necessity require the proposed project; and
26 2. The proposed project is planned and located in the manner which will be most
27 compatible with the greatest public good and the least private injury; and
28 3. The property described herein is necessary for the proposed project; and
RESOLUTION NO. 2001/255 1
1 4. The offer required by section 7267.2 of the Government Code was made to the owner
2 or owners of record; and
3 5. That insofar as any of the property described in this resolution has heretofore been
4 dedicated to the public use for public purposes, the acquisition and use of such
5 property by Contra Costa County for highwaypurposes is for a more necessary public
6 use than the use to which the property has already been appropriated or a compatible
7 public use. This determination and finding is made and this resolution is adopted
8 pursuant to Code of Civil Procedure sections 1240.510 and 1240.610; and
9 6. On January 23,2001,this Board approved the proposed project and determined that
10 the Port Chicago Highway Widening Intersection and Improvements Project is a
11 California Environmental Quality Act (CEQA) Class 1(c) categorical exemption.
12 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
13 To acquire in the County's name,by condemnation, the titles, easements and rights of way
14 hereinafter described in and to said real property or interest(s) therein, in accordance with the
15 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
16 Parcels 2, 5 and 8 are to be acquired in fee title.
17 Parcels 1, 3, 6, and 9 are to be acquired as permanent easements.
18 Parcels 4, 7, 10 and 14 are to be acquired as temporary easements.
19 Parcel 1-A is to be acquired as Abutter's Rights (Relinquishment of Access Rights).
20 To prepare and prosecute in the County's name such proceedings in the proper court as are
21 necessary for such acquisition;
22 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
23 court for an order permitting the County to take immediate possession and use said real property for
24 said public uses and purposes.
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RESOLUTION NO. 2001/255 2
I PASSED and ADOPTED on June 19, 2001, by the following vote:
2 AYES: S J? ,R 1_Q0?S GIOIA, GERBER, DESAULNIER, GLOVER and UILKEMA
3 NOES: NONE
4 ABSENT: NONE
5 ABSTAIN: NONE
6
7 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed
8 and adopted by the vote of two-thirds or more of the Board of Supervisors of Contra Costa County,
9 California, at a meeting of said Board on the date indicated above.
10 Date: June 19, 2001
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15 Ori. Dept: Public Works Department (R/P)
Contact: Dick R. Awenius (313-2227)
16 Auditor-Controller
County Counsel (Certified Copy)
17 L\CLER\CONDEMN\PCres-ncc.wpd
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RESOLUTION NO. 2001/255 3
�J r
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: June 6, 2001
TO: N Board of upervisors
FROM: au ce . hiu, Public Wo Director
SUBJE Report Re: Port Chicago Highway Bike Path Project— Bay Point Area
Road Improvements
Pursuant to procedure approved by Board Order, dated November 1, 1988, the Public
Works Director sent on June 1, 2001, a Notice of Intention to Adopt a Resolution of
Necessity(Notice of Intention)for acquisition by eminent domain of real property in the Bay
Point area in connection with the above-referenced project, and set June 19, 2001, 9:00
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 Project—The project will consist of widening the public right-of-way of
Port Chicago Highway in an easterly direction from its current edge of pavement
to provide for the installation of a bike path, curb, and sidewalk, and for the
relocation of existing utilities. The Project will require the acquisition of small
strips of the frontage of five properties fronting Port Chicago Highway in Bay
Point. The strips together will be a total of approximately 2.4 to 4.0 meters wide.
The property to be acquired has been appraised, and offers were mailed to the
property owners on June 1, 2001.
There currently are telephone poles and utilities in the area where the bike
path will be constructed. A Slope and Utility easement will have to be acquired
to relocate the existing utilities. Another strip of land will have to be acquired in
fee to place the bike path. When the Project has been completed, the public
improvements within the right-of-way will be comprised of an asphalt-paved bike
path, concrete curb, gutter, and sidewalk, and the relocated utilities.
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 those people shown on the attached Exhibit "A," as their names and addresses
appear on the last equalized County Assessment Roll.
Board of Supervisors
June 6, 2001
Page 2
The notice consisted of sending the Notice of Intention by first-class and certified mail on
June 1, 2001,which notified those owners that a hearing is scheduled for June 19, 2001, at
9:00 a.m. in the Contra Costa County 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.
It is necessary to widen and improve Port Chicago Highway to provide bike
paths for public use. This project was identified by the Bay Point Municipal
Advisory Committee as a priority project to enhance the community.
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.
The path of the proposed public right-of-way is predominantly along existing
private roadway easements. The alignment was chosen as the most
beneficial route with the intent to minimize impacts to the property owners.
C. The property sought to be acquired is necessary for the project,
The properties to be acquired were determined necessary to provide for the
improvements described in Item 1, above.
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 offers were mailed to the owners on June 1, 2001.
III. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to the four
items (A, B, C, & D) specified in Section II above.
B. Upon completion and closing of the hearing, it is recommended that the
Board make the findings and determinations listed under II A, B, C, and D
above, 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.
DRA:eh
G:\GrpData\RealProp\2001-Files\01-6\52901 PortChiH.StaffRep.mem.doc
cc: Clerk of the Board -Original, 13 copies
Public Works Director
Public Works Department—Real Property
r
EXHIBIT "A"
Mailing List for Port Chicago Highway Bike Lane Project
1) Leo Delong
Pacific Gas & Electric Company
1030 Detroit Avenue
Concord, CA 94518
2) Shamim Akhtar
943 New Castle Way
Pittsburg, CA 94565
3) Richard J. Buscaglia
Nathan J. Bales
2490 Vista del Monte
Concord, CA 94520
4) Joel Page
Acme Steel Packaging Company
c/o Acme Metals, Inc.
13500 S. Perry Avenue
Riverdale, IL 60827
Copy to:
Jim Borman
Acme Steel Packaging Company
671 Port Chicago Highway
Bay Point, CA 94565
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: June 6, 2001
TO: Board of upervisors
FROM: au ce . Shiu, Public Wo Director
SUBJE Report Re: Port Chicago Highway Bike Path Project— Bay Point Area
Road Improvements
Pursuant to procedure approved by Board Order, dated November 1, 1988, the Public
Works Director sent on June 1, 2001, a Notice of Intention to Adopt a Resolution of
Necessity(Notice of Intention)for acquisition by eminent domain of real property in the Bay
Point area in connection with the above-referenced project, and set June 19, 2001, 9:00
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 Project—The project will consist of widening the public right-of-way of
Port Chicago Highway in an easterly direction from its current edge of pavement
to provide for the installation of a bike path, curb, and sidewalk, and for the
relocation of existing utilities. The Project will require the acquisition of small
strips of the frontage of five properties fronting Port Chicago Highway in Bay
Point. The strips together will be a total of approximately 2.4 to 4.0 meters wide.
The property to be acquired has been appraised, and offers were mailed to the
property owners on June 1, 2001.
There currently are telephone poles and utilities in the area where the bike
path will be constructed. A Slope and Utility easement will have to be acquired
to relocate the existing utilities. Another strip of land will have to be acquired in
fee to place the bike path. When the Project has been completed, the public
improvements within the right-of-way will be comprised of an asphalt-paved bike
path, concrete curb, gutter, and sidewalk, and the relocated utilities.
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 those people shown on the attached Exhibit 'A" as their names and addresses
appear on the last equalized County Assessment Roll.
Board of Supervisors
June 6, 2001
Page 2
The notice consisted of sending the Notice of Intention by first-class and certified mail on
June 1, 2001, which notified those owners that a hearing is scheduled for June 19, 2001, at
9:00 a.m. in the Contra Costa County 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.
It is necessary to widen and improve Port Chicago Highway to provide bike
paths for public use. This project was identified by the Bay Point Municipal
Advisory Committee as a priority project to enhance the community.
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.
The path of the proposed public right-of-way is predominantly along existing
private roadway easements. The alignment was chosen as the most
beneficial route with the intent to minimize impacts to the property owners.
C. The property sought to be acquired is necessary for the prosect,
The properties to be acquired were determined necessary to provide for the
improvements described in Item 1, above.
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 offers were mailed to the owners on June 1, 2001.
III. Recommended Action
A. Board to ask if any notified property owners wish to be heard as to the four
items (A, B, C, & D) specified in Section II above.
B. Upon completion and closing of the hearing, it is recommended that the
Board make the findings and determinations listed under II A, B, C, and D
above, 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.
DRA:eh
G:\GrpData\RealProp\2001-Files\01-6\52901 PortChiH.StaffRep.mem.doc
cc: Clerk of the Board -Original, 13 copies
Public Works Director
Public Works Department—Real Property
EXHIBIT "A"
Mailing List for Port Chicago Highway Bike Lane Project
1) Leo Delon-
Pacific Gas & Electric Company
1030 Detroit Avenue
Concord, CA 94518
2) Shamim Akhtar
943 New Castle Way
Pittsburg, CA 94565
3) Richard J. Buscaglia
Nathan J. Bales
2490 Vista del Monte
Concord, CA 94520
4) Joel Page
Acme Steel Packaging Company
c/o Acme Metals, Inc.
13500 S. Perry Avenue
Riverdale, IL 60827
Copy to:
Jim Borman
Acme Steel Packaging Company
671 Port Chicago Highway
Bay Point, CA 94565
•
CONTRA COSTA COUNTY— PUBLIC WORKS DEPARTMENT
REAL PROPERTY DIVISION
255 Glacier Drive Telephone (925) 313-2227
Martinez, CA 94553 Telecopier,(925) 313-2333
Telecopier Transmittal Record Number of pages: 2
(Including this sheet)
To: Emy From:Dick Awenius
Senior Real Property Agent
Clerk of the Board's Office
Date: May 30, 2001 Time: 7:47AM
Subject: Contra Costa County— Real Property— Hearing Item for June 19, 2001
Board Meeting
Remarks: As we discussed on the telephone yesterday afternoon, please put the
attached item on the Board's Agenda for the June 19, 2001 Board Meeting, as a
short discussion hearing item.
Telecopier No: 5-1913
1` As we discussed r Please expedite
r As you requested t Revisions
r For your information F Replacements
I- For your review and comment r Preliminary draft for review
F Please call regarding the attached r Original to follow
r I will call you regarding the attached
IF Please provide information requested
If there are problems with the transmission, please call 1925/313-2227.
The information contained in this facsimile message may be confidential,proprietary and/or legally privileged information intended only
for the use of the individual or entity named above. If the reader of this message is not the Intended recipient you are hereby nodfled
that any copying,dissemination,or distribuborr of confidential,proprietary.or prmleged information is strictly prohibited. If you have
received this communication in error,please immediately notify the sender by telephone,and we will arrange for the return of the
facsimile. Thank you.
t finis r47r#n 5/7471#0 Ve M071.02e..., ye✓ZOAKIIo/a�eiJY�vdcO/ai~p�rlp f
HEARING CONM MATION FOm
hearing date: ZOO/
name oferson honing request hearin :Fi� !
p g to �
hearing date confirmed with of COB staff on 5--,29 •d/
(date)
agenda language(how it will read on calendar)for the date of the hearing
1. anticipated length of the hearing: 5 min. or less, or mote
2. is it controversial? yes no-
3. noticing requirements:
code section:
4. publication requirements: #of tithes_ #of days before hearing
5, who is to publish the notice? COB PWD
(if applicable)who prepares the notice? COB PWD—
it is the tesponsibitity of the deparu=t to provide the appropriate notice. Some notices are adopted by Board
Resolution;the publication cannot be ordered until the Resohttion is adopted by the Board of Supervisors_
6. if posting of notice is required,who will post? 21A4 Q�1
7. if mailing the notice is required,who will provide the clerk with the correct mailing list and labels?
8, when will this "fix hearing item" be listed on the Board agenda as a consent item?
Note: The B.O. fixing the hearing is a CAO consent item,and should be submitted by Wednesday, 13 days
prior to the date of the BOS meeting). An original B.Q. and"greenie"is sufficient. The Exec. Secretary
will send it downtown with the Director,along with the other BOS meeting materials,for approval, copying,
and distribution by the Clerk-of-the-Board. Failure to submit the Board Order/Resolution fixing the hearing
in this time frame could result in the item being removed from the agenda.
ALSO! The Clerk of the Board(currently Axm Cervelli)has asked that everyone be notified that when the
B.O. (required to fix a hearing date) is prepared and submitted, it SHOULD NOT include the
B.O./Resolution that will be voted on the date of the hearing.
The B.OJResolution to be approved the date of the hearing should be submitted by Tuesday-- 2 weeks prior
to the hearing(original plus 15 copies)--with a"stickie" on top that has the word"hearing" and the.hearing
date written on it_ The original & 12 copies will be sent downtown with the Director on Wednesday
morning, 13 days prior to the date of the hearing, and he will give them to the Clerk of the Board.
For more information reeardine hetlrinn.see next page(12/96 info from Clerk-of-the-Board).
JCINJU I 1 7.!J V"K/Yt - VIU I Ult - V 4L-L.rN r4-W1 - 1 ► IG-V1.lnRv •V A. I I IiI V E.-r I
.-
SETT11 v6 THE HEARING (a)&40NL=)
(failure to do so could result in Hearing date being dropped)
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