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 the property acquisition. Costs of acquisition in
this case are 100% reimbursable from the Contra Costa Transportation
Authority (CCTA). (100% CCTA Funds) SCH No. 2009082009
BACKGROUND: (CONT'D) A. Proposed Project
CCTA in cooperation with the State of California, acting by and through
its Department of Transportation (Caltrans), and the City of San Pablo
(City), propose to reconstruct the Interstate 80 (I-80)/San Pablo Dam
Road Interchange. Phase 1 of the Project consists of relocating the El
Portal Drive access to westbound I-80 to the north, and replacing the
Riverside Avenue Pedestrian Overcrossing. Phase I construction work will
involve adding an auxiliary lane between the relocated El Portal Drive
on-ramp and the San Pablo Dam Road off-ramp, constructing a frontage
road between San Pablo Dam Road and McBryde Avenue, reconstructing the
Riverside Avenue pedestrian/bicycle overcrossing to extend over Amador
Street, and providing improved pedestrian and bicycle facilities within
the I-80/San Pablo Dam Road Interchange. The proposed improvements will
alleviate congestion, improve traffic safety along I-80, provide
improved safe pedestrian access to Riverside Elementary School and
improved pedestrian and bicycle facilities within the I-80/San Pablo Dam
On June 25, 2013, this Board APPROVED the proposed project and ADOPTED
the Mitigated Negative Declaration and Finding of No Significant Impact
pertaining to this project.
Under an Agreement between Contra Costa County (County), Caltrans, CCTA
and the City for the Exercise of the Power of Eminent Domain for the
I-80/San Pablo Dam Road Interchange Improvement Project–Phase 1 (dated
July 16, 2013), the Parties agreed and reaffirmed that the County is
designated as the party to administer the portion of the Cooperative
Agreement relating to the acquisition of real property, through eminent
domain or otherwise, by and through its Board of Supervisors, County
Officials and departments, and County attorneys.
This segment of the project is from the El Portal Drive on-ramp to
McBryde Avenue, and will require the County to acquire various property
interests from four (4) parcels within the project area in San Pablo.
The property interests include acquiring fee title to two (2) parcels;
one full take improved with a Single Family Home, in which the tenant
has secured replacement housing and is expected to vacate the property
by February, and one part take, improved with a Single Family Home and
temporary construction easements in two (2) parcels; one improved with a
gas station and one improved with a Single Family Home, along the El
Portal Drive off-ramp to Riverside Avenue. The property interests to be
acquired are more particularly described in Appendix A.
The County, through the Real Estate Division of the Public Works
Department, has made offers of just compensation to the owners of the
properties for the property interests required for this segment of the
project. Each offer was based on an appraisal of the fair market value
of said property rights.
Construction of the project is scheduled to begin in the fall of 2014.
In order to proceed with the project, it is necessary for the County to
exercise its power of eminent domain to acquire the property interests
Pursuant to Section 1245.235 of the Code of Civil Procedure, notice was
given to all the persons listed on the attached Exhibit “A” whose names
and addresses appear on the last equalized County Assessment Roll. This
notice consisted of sending by first-class and certified mail on
November 27, 2013, a Notice of Intention, which notified the owners that
a hearing is scheduled for January 14, 2014 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 and Findings Required by Code of Civil Procedure section 1245.235
1. The public interest and necessity require the proposed project.
The interchange ramps on I-80 near San Pablo Dam Road are in need of
reconstruction to reduce traffic congestion and optimize traffic flows.
By removing two isolated ramps – westbound El Portal Drive on-ramp and
westbound McBryde Avenue off-ramp to the north and south of the I-80/San
Pablo Dam Road interchange – significant improvements to I-80 mainline
operations will occur. Further, increases in traffic volume will result
in more traffic congestion not only in the freeway system, but also in
the local streets located near the on-ramp and off-ramp. This will
result in diminished pedestrian and bicycle safety if the pedestrian and
bicycle overcrossing is not improved.
project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury.
Through the planning phase of the project, a number of interchange
configurations and highway alignments were studied. The interchange
configurations and highway alignment selected achieved the required
operational traffic improvements, safe pedestrian overcrossing, and
improved pedestrian and bicycle facilities with the least impact to
adjacent properties. The alternative designs not selected would have
resulted in greater impact to both residential and commercial
properties. The interchange configurations and highway alignments that
were considered, and the selected configuration and alignment, are more
specifically discussed in the Final Initial Study/Environmental
3. The properties sought to be acquired are necessary for the project.
The property interests sought for this phase of the project are
necessary for the reconstruction of I-80 San Pablo Dam Road Interchange,
relocation of an on-ramp and off-ramp, adding an auxiliary lane and
reconstruction of an overcrossing to extend over Amador Street. All
efforts have been made to reduce physical and operational impacts to
adjacent properties both during and after construction. The project
cannot be constructed as planned without the acquisition of these
4. The offer of compensation required by Section 7267.2 of the Government Code has been made to owner or owners of record.
The County, through the Real Estate 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. Each offer was based on
an appraisal of the fair market value of the property rights being
acquired. In this case, efforts were made to acquire each required
property or property right through negotiated purchase and sale instead
of condemnation. Attempts to negotiate a settlement involved
discussions, and in some cases meetings, with the owners of record
and/or their representatives. But, the negotiations were not successful,
requiring the County to proceed with the adoption of this Resolution of
CONSEQUENCE OF NEGATIVE ACTION:
The County will be unable to acquire the property interests necessary for the project.
CHILDREN'S IMPACT STATEMENT: