HomeMy WebLinkAboutMINUTES - 06242003 - SD7 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
GATE: JUNE 24, 2003
SUBJECT: STRENTZEL LANE EROSION AND SEDIMENT REDUCTION PROJECT.
Project No.: 7505-6178476
SPECIFIC REQUEST(S)OR RECOMMENDATION(g)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
A. OPEN the public hearing and ask if any notified property owners wish to be
heard as to the four items specified in Section 111.6 below, CLOSE Public
Hearing.
B. Upon completion and closing of the hearing, MAKE the findings and
determinations listed under I11.13 below and ADOPT the attached Resolution
of Necessity to acquire the required property by eminent domain.
If. Financiallmoact:
In eminent domain actions the judgment will be the price paid for the property, and
may include court costs which are regarded as a roughly calculable expense of
property acquisition. Costs of acquisition in this case are 100% reimbursable from
County Drainage Funds.
Continued on Attachment: X SIGNATURE:
„RECOMMENDATION OF COUNTY ADMINI OR
COMMENDATION OF BOARD COM
PPROVE OTHER
:
SIGNATURES .%'
ACTION OF BOAK0 ON _ June 24, 2003 APPROVED AS RECOMMENDED X
OTHER
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT None-.--
AYES:
one _AYES: NOES: I hereby certify that this is a true and correct
ABSENT: ABSTAIN: copy of an action taken and entered on the
*District III Seat VACANT** minutes of the Board of Supervisors on the
date shown.
LLO:eh Time 24, 2003
G:\GrpOata\ReaiProp12003-Files\BOs&RES\BO22_strentzei.doc ATTESTED:
JOHN SWEETEN, Clerk of the Board of
Orifi.Div: Public Works(RIP) Sup isors and County Administrator
Contact: L.Lucy Owens(313-2229)
cc: County Administrator
Auditor-Controller(via RIP) By Deputy
County Counsel(certified copy of Resolution)
P.W.Accounting
Board Orders Senior Clerk,Adm.
SUBJECT: Strentzel ` ' ne Erosion and Sediment Reduction )ject
DATE: June 24, e,-UO3
PAGE: 2
111. Reasons for Recommendations and Background:
A. Proposed Project -- The Contra Costa County Public Works Department is
working in partnership with the Regional Water Quality Control Board,
National Park Service, Friends of Alhambra Creek and the residents of the
Strentzel/Sheridan Lane area of Martinez to construct the Strentzel Lane
Erosion and Sediment Reduction Project. A grant was received from the
Regional Board to implement local improvements to reduce sediment
transport to Alhambra Creek and control historic flooding in the adjacent
neighborhoods. A major component of the project is installation of an
underground piping system from the west side of Alhambra Valley Road
down through the neighborhood to Alhambra Creek. The only corridor for the
middle section of pipe is down the privately owned 40-foot wide Strentzel
Lane corridor, as identified in the original grant application. This corridor
allows the installation of the pipe with minimal disruption to major stands of
mature trees in the area.
On October 22, 2002, this Board approved the proposed project and adopted
the Negative Declaration/Finding of No Significant Impact pertaining to this
project that was published on September 5, 2002.
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
addresses appear on the last equalized County Assessment Roll:
Heirs of Edna Hanna
aka Edna S. Hanna
Susan Flynn 11538 Post Hill Road Lakeside, CA 92040
David Hanna 5005 Alhambra Valley Martinez, CA 94553
Road
James Sheridan Hanna 69 Ruby Lane Carson City, NV 89701
Heirs of Richard R. Hanna
Owen Richard Hanna 2909 Tarmac Road Redding, CA 96003
Kevin Michael Hanna 2025 Estrella Drive Prescott, AZ 86305
Alan Lee Haggland 34825 215 S.E. Auburn, WA 98002
Laurie Jean Haggland 331 Podunk Road Guilford, CT 06437
Marchessault
Thomas Rea Hanna 1300 Valley View Drive Carson City, NV 89701
Joan Hanna Brown
c/o Thomas Hanna
SUBJECT: Strentzel I e Erosion and Sediment Reduction r >ject
DATE: June 24, 2UO3
PAGE: 3
Heirs of Jean H. Clark
fka Jean lie Llpkau
James Gaines 333 Holcomb Avenue, Reno, NV 89502
Louise McBride Suite 300
Ross E. De Lipkau
c/o Ross E. De Lipkau
Jahn Muir Hanna 1240 Orchard Avenue Napa, CA 94558
c/o William Hanna
Mary C. Hanna 6001 Fourth Avenue Sacramento, CA '
Dennis Hanna 95817
Neil Ross Hanna
c/o Timothy Rea Hanna
Timothy Rea Hanna 6001 Fourth Avenue Sacramento, CA
95817
Ross E. De Lipkau 333 Holcomb Avenue, Reno, NV 89502
i Suite 300
Ross Erwin Hanna 701 Birch Way Dixon, CA 95620
Ross De Lipkau, Trustee 333 Holcomb Avenue, Reno, NV 89502
William Hanna, Trustee Suite 300
Muir-Hanna Family Trust
Margaret De Figueiredo, 115 Jose Lane Martinez, CA 94553
Trustee
c/o Melvin M. Jones
Margaret De Figueiredo, 4070 Siino Avenue Concord, CA 94521
Trustee
c/o The Young in Heart
This notice consisted of sending by first-class and certified mail on June 9,
2003, a Notice of Intention which notified these owners that a hearing is
scheduled for June 24, 2003, at 9.30 a.m. in the Board's Chambers, at which
time they may appear to be heard on the matters referred to in the notice.
B. Scope of Hearing Per C.C.P. Section 1245 235
1. Public Interest and Necessity require the proposed project.
The County pians to implement local improvements to reduce
sediment transport to Alhambra Creek and control historic flooding in
the adjacent neighborhoods. A major component of the project is
installation of an underground piping system from the west side of
Alhambra Valley Road down through the neighborhood to Alhambra
Creek.
SUBJECT: Strentzel I e Erosion and Sediment seduction r +ect
DATE: June 24, 2vj3
IMAGE; 4
2. 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 only corridor for the middle section of pipe is down the privately
owned 40-foot wide Strentzel Lane corridor. This corridor allows the
installation of the pipe with minimal disruption to major stands of
mature trees in the area.
Strentzel Lane is encumbered with several utility easements. The
addition of the County's storm drain easement will not affect the
current use; and was chosen as the most beneficial location with the
intent to minimize impact to the property owners.
3. The pro erty sought to be acc€uired is necessary for the project to
provide for the protection of the adjacent neighborhoods as described
in Item Ill, above.
4. The offer of compensation rewired Section 7267.2 of the
Government Code has been made to the owner or owners of record.
Contra Costa County, through the Beal 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. Real Property staff is currently negotiating with the owner of
the subject property to acquire the required permanent easements.
IV. Consequences of Negative Action:
The County will be unable to acquire the property rights necessary for the project.
I THE BOARD OF SUPERVISORS
2 CONTRA COSTA COUNTY, CALIFORNIA
3 Re: Condemnation of Property }
for Storm Drain Purposes, ) RESOLUTION OF NECESSITY
4 Strentzel Lane Erosion and ) No. 2W3/409
Sediment Reduction Project ) (C.C.P. § 1245.230)
5 Martinez Area )
CDD-CP#02-67 }
6 Project No. 7505-6178476 )
7
8 The Board of Supervisors of Contra Costa County,California,by vote of two-thirds or more
9 of its members, RESOLVES that:
10 Pursuant to Government Code section 25350.5 and Streets 8z Highways Code section 943,
11 Contra Costa County intends to install an underground piping system, a public improvement, from
12 the west side of Alhambra Valley Road through the neighborhood to Alhambra Creek, to reduce
13 sediment transport to Alhambra Creek and control historic flooding in the adjacent neighborhoods
14 in the Martinez Area, and, in connection therewith, acquire interests in certain real property.
15 The properties to be acquired consist of two (2) parcels and are generally located in the
16 Martinez area. The said properties are more particularly described in Appendix"A",attached hereto
17 and incorporated herein by this reference.
18 On June 9, 2003, notice of the County's intention to adopt a resolution of necessity for
19 acquisition by eminent domain of the real property described in Appendix"A"was sent to persons
20 whose names appear on the last equalized County Assessment Roll as owners of said property. The
21 notice specified June 24, 2003, at 9:30 am. in the Board of Supervisors Chambers in the
22 Administration Building,651 Pine Street,Martinez,California,as the time and place for the hearing
23 thereon.
24 The hearing was held at that time and place, and all interested parties were given an
25 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines and
26 hereby declares the following:
27 1. The public interest and necessity require the proposed project, and
28 2. The proposed project is planned and located in the manner which will be most
RESOLUTION NO. 2003/409
I compatible with the greatest public good and the least private injury; and
2 3. The property described herein is necessary for the proposed project; and
3 4. The offer required by section 7267.2 of the Government Code was made to the owner
4 or owners of record; and
5 S. That insofar as any of the property described in this resolution has heretofore been
6 dedicated to the public use for public purposes, the acquisition and use of such
7 property by Contra Costa County for highway purposes is fora more necessary public
8 use than the use to which the property has already been appropriated or a compatible
9 public use. This determination and finding is made and this resolution is adopted
10 pursuant to Code of Civil Procedure sections 1240.510 and 1240.610; and
11 6. On October 22, 2002, this Board approved the proposed project and adopted the
12 Negative Declaration/Finding ofNo Significant Impact pertaining to this project that
13 was published on September 5, 2002.
14 The County Counsel of this County is hereby AUTHORIZED and EMPOWERED:
15 To acquire in the County's name,by condemnation,the titles, easements and rights of way
16 hereinafter described in and to said real property or interest(s) therein, in accordance with the
17 provisions for eminent domain in the Code of Civil Procedure and the Constitution of California:
18 Parcels 1 and 2 are to be acquired as permanent easements.
19 To prepare and prosecute in the County's name such proceedings in the proper court as are
20 necessary for such acquisition;
21 To deposit the probable amount of compensation,based on an appraisal,and to apply to said
22 court for an order permitting the County to take immediate possession and use said real property for
23 said public uses and purposes.
24
25
26
27 !!/
28
RESOLUTION NO. 2003/409
I PASSED and ADOPTED on June 24, 2043,by the following vote:
2 AYES. SJMMM GIMA, UnK MA, GWM axed. DeSWU'T'
3 NOES: N"
4 ABSENT: Nm
5 ABSTAIN: Nw
6 District III seat is vacant.
7 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced,passed
8 and adopted by the vete 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 i hereby certify that this is a true and correct
copy of an action taken and entered on the
11 minutes of the Board of Supervisors on the
date shown.
12 ATTESTED: M.
JOHN SWEETEN, Cie?K of the Board
13 of Aupervisors and Cotxtirtlstratcr
14
15 Orig. Dept: Public Works Department(R/P)
Contact: L. Lucy Owens(313-2229)
16 Auditor-Controller
County Counsel (Certified Copy)
17
18
19
20
21
22 1-.'IOANNIPamela\Strentzetroad-nee.wpd
23
24
25
26
27
28
RESOLUTION NO. 20031409
Storm brain Easement
Parcel 1
APPENDIX 44A"
Strentzel Lane
All of that parcel of land granted to, the heirs of devisees of Edna Hanna aka Edna S.
Hanna, deceased, their interest being subject to the administration of the estate of said
decedent; the heirs or devisees of Richard R. Manna, deceased, their interest being
.subject to the administration of the estate of said decedent; The heirs or devisees of
Jean H. Clark fka Jean De Lipkau, deceased, their interest being subject to the
administration of the estate of said descendent; Margaret De Figueiredo, Trustee in
Trust as provided in Item 7 of the will of Jose A. De Figueiredo, as set forth in Order
Setting First and Final Account of executor, Case No. 60446, Superior Court of Contra
Costa County, a certified copy of which was recorded October 4, 1983, in Book 11470,
Page 368, Contra Costa County Records; Ross De Lipkau and William Hanna, as
Trustees of the Muir-Hanna Family Trust, as their interest may appear, Contra Costa
County California described as follows:
Beginning at a point which bears south 190 17' West 198.37 feet from the most
southerly corner of the parcel of land described in the quitclaim deed to Azel E.
Gilbert, et ux., recorded April 14, 1939 in Book 505 of Official Records, Page
407, said point being in the southerly line of the 40 feet in width strip of land
described in the quitclaim deed from Jose A. De Figueiredo, et al to Contra Costa
County, recorded December 11, 1941, in Book 535 of Official Records, Page
498; thence from said Point of Beginning North 71° 45'Vilest along said southerly
line 40.01 feet; thence leaving said southerly line South 19° 17'West 288.96 feet
to the northwest corner of the parcel of land shown as parcel two in deed from
John M. Hanna to Jose A. De Figueiredo and Margaret De Figueiredo and
Margaret De Figueiredo, recorded December 2, 1975 in Book 7699, Page 457,
Contra Costa County records, thence South 710 45' East along the North line of
said parcel two, 40.01 feet; thence North 19° 17' East 288.95 feet to the point of
beginning.
This real property description has been prepared by me or under my direction, in
conformance with the ProfessignLLand Surveyors Act.
Signature: �� �� �v
Licensed Land Surveyor
Contra Costa County Public Works EXP 9/'30103
L.5.6571
Date: A 3
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PAGE 1 OF 2
Storm Drain Easement
Parcel 2
Strentzel Lane
APPENDIX "All
All of that parcel of land granted to, the heirs or devisees of Edna Hanna aka Edna S.
Hanna, deceased, their interest being subject to the administration of the estate of said
decedent; The heirs or devisees of Richard R. Hanna, deceased, their interest being
subject to the administration of the estate of said decedent; The heirs or devisees of
Jean H. Clark fka Jean De Lipkau, deceased, their interest being subject to the .
administration of the estate of said decedent; Margaret De Figueiredo, Trustee in Trust
as provided in Item 7 of the will of Jose A. De Figueiredo, as set forth in Order Setting
First and Final Account of executor, Case No. 60446, Superior Court of Contra Costa
County, a certified copy of which was recorded October 4, 1983, in Book 19470, Page
368, Contra Costa County Records; John M. Hanna, Ross E. Hanna, Mary C. Hanna,
Timothy Rea Hanna. Dennis Michael Hanna, Neil Ross Hanna, all by devise, as their
interest may appear, Contra Costa County, California described as follows:
Beginning at the northeasterly corner of parcel one, as said parcel one is shown
in the deed from Thos R. Hanna and Wanda Muir Hanna, his wife to John M.
Hanna, recorded June 27, 1940 series number 10949, Book 546, Parte 427,
Contra Costa County Records, thence North 71* 45' West, 449.32 feet to the
northwesterly corner of said Parcel, a point in the center line of Alhambra Valley
Road being a County Road; thence along said center line North 400 55' East
42.47 feet; thence North 41" 00' East 0.89 feet; thence leaving said road, South
710 45' East, 433.34 feet; thence South 190 17' West, 40.01 feet to the point of
beginning.
Excepting there from all that portion lying within Alhambra Valley Road.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
LAND ��
A. �r
Signature: <
Licensed Lan Surveyor EXP.9/30/03
Contra Costa County Public Works L.S.6571
Date:
F CAL
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PAGE 2 OF 2
HOnCE To COMTRACraes.
state contract nond£scri-
The Public works Director, minat)on and compliance
will receive sealed bids at requirements pursuant to
the Public Work$ Departs Gpvemment Code,Section
ment, C.C. Rich Bui£dlna. 3299U .
255 Glacier l7r£ve .Mart£ The Contractor shad)pos-
h.1 California 94553.4897; seas a Class A License or
until 2 o'clock p.rn on hr- Class C-34 at the tkne the
£Y y 2003 1 ,be
pubes B M t cover awarded.
entire
STREnNNI•Z�L E EERROSlOM. All nor co In bids will .
AND SEDIMENT REDUC=_ be ConSkfereci.
TION PROJECT. The successful bidder
shall furnisha ayment
General work description: bond and a performance
Thepproject consists of In: bond.
stalling drainage pipe; The Board has aster.
oand constructing manhole talned the gvrenngeeralappreval£-
utfalll, excavation Viand' bis to this Works The£per re.
embankment, grassy va£ling rate of per them
swales, asphalt concrete wages is on file with the
pavement and aggregate; Clerk of the Board of Su.
base driveway replace- pervlsors,and Is Incorpo-
ments,and re-striping. rated herein by reference
thereto,the same as if set
Engineer's cost estimate: forth In full herein. For
$315,000 any Classification not In-
A pre-bld kis will be icmuumdwage)shatI hberrtire
held on Mo�y,June 16, general prevaliing rate for
2003 at 16•-00 a m. at the Contra Costa Co
Public works Department The bid openingdate may
to cover the County's Bid- be extended y adders-.
der Outreach Program. dura Issued by the Public
Prospective bidders at- Works Department no let
-
2 Is recommend- er than J NE 27 2003, In
ed but not mandatory. which case any bids sub.
c ding plans Documents,ract pcfini- Openingwi
llwill theoriginal
ed
cations, may be viewed unopened and seated bid
and/or obtained at the proposals.for the extend.
Pubtio Ntorks Depp rrt, ed bid opening shall be
C.C. h 8ui3dia. 55 submlttr�i on or before
Glacier Drive, Mart£nea, JULY'S5 2003 at 260 pm
Monenia sass3 4 7 and wlil be opened, read
Monday - Thursday (r:6ti and recorded at the same
a.m. - 12 Noon and 1:00 place specified above. All
p m. - SdW P.m.) (closed proposals received late
Fridays). To obtain plans will be returned uno-
and specifications a sery- pened.
Ice charge Is required In
the amount of $25.98 The said Board reserves
sates tax Included) the ri to reject a and
TI
LAMS AND SPECIFiCA-
all bids or any port of
ONS MAY BE ORDERED any bid and/or waive any
BY MAIL FOR AN ADDI- itrafar£ty in any bkf.
FIONAL SHIPPING AND received
HANDLING FEE OF $3.00. For questions regardhry
Checks shall be made the project con taLt Wes
Myrle to Phe County of Caoleyat(92s�333-2304 or
a Costa' and be Frank Navarro at (925)
mailed to the above ad= 313-22G4,''both Of the De
dress. The Public Works slgryD£vislon.
Department does not
gpuarnMee the arrival of 8 order of the
the glans and specific&- Board of Supervlsors of
tlons In time for bidding. Contra Costa County
Plans and specifications John Sweeten
will not be sent overnight Clerk of the
mail. Board o#£Supervisors and
This project Is to be ad County Administrator
vertised pursuant to Pub-
1£c Contract Code 20125. BY is/Emy L Sharp,
Deputy?
This contract is subject to
D;uted June 03 2003
L al CCT 778(!
Puplish June b,13,2063