FISCAL IMPACT:
 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 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
 Road Interchange.  
	  
	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 
described herein.  
	  
	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.  
	  
	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.  
	  
	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 
Assessment (IS/EA).  
	  
	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 
property interests.  
	  
	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
 Necessity.  
	  
	  CONSEQUENCE OF NEGATIVE ACTION:
 The County will be unable to acquire the property interests necessary for the project.  
 CHILDREN'S IMPACT STATEMENT:
 Not applicable.