A. Proposed Project  
  
Contra Costa County (County) will complete the Byron Highway and Camino Diablo Intersection Improvement Project (Project), to improve traffic safety and alleviate traffic congestion at the intersection of Byron Highway and Camino Diablo, in the Byron area of east Contra Costa County. The County is authorized to acquire property interests for, and make improvements to, County roads in accordance with Streets and Highways Code section 943.  
  
The Project will improve the intersection of Byron Highway and Camino Diablo, by widening Byron Highway and Camino Diablo, installing new traffic signal lights and road improvements, including 12-foot-wide left turn lanes, and adding five-foot-wide paved shoulders. These road improvements will be located within an approximately 1,300-foot segment of Byron Highway and within an approximately 800-foot segment of Camino Diablo. The Project is intended to alleviate congestion and improve traffic safety at and adjacent to the Byron Highway-Camino Diablo intersection. The Project is being partially funded with state funds provided by the State of California, by and through its Department of Transportation.  
  
On June 9, 2015, this Board APPROVED the proposed Project and ADOPTED the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Plan pertaining to the Project.  
  
To complete the Project as planned, the County must acquire various property interests in ten (10) separate properties within the Project area, all of which are located along Byron Highway or Camino Diablo. These property interests include acquiring fee title to eight (8) parcels, and two temporary construction easements in two (2) parcels. These property interests are more particularly described in Appendix A.  
  
The County, through the Real Estate Division of the Public Works Department, has made an offer of just compensation to the owner or owners of each property interest required for this Project. Each offer was based on an appraisal of the fair market value of said property interest.  
  
Negotiations to acquire the property interests identified in Appendix A have not been successful, and construction of the Project is scheduled to begin in the fall of 2017. In order to proceed with the Project as planned, it is necessary for the County to exercise its power of eminent domain to acquire the property interests described in Appendix A.  
  
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 17, 2015, a Notice of Intention, which notified the owners that a hearing to consider adopting a resolution of necessity is scheduled for January 12, 2016, at 9:00 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.  
  
Byron Highway and Camino Diablo are heavily used truck and commuter routes that provide a vital transportation link between Contra Costa and Alameda Counties as well as San Joaquin County. Both Byron Highway and Camino Diablo are two-lane roads with no turning lanes and no shoulders at this intersection. The Project includes installation of new traffic signal lights and road improvements to accommodate the addition of left turn lanes on Byron Highway in the west and east directions, and on Camino Diablo in the north and south directions, at the intersection of those roads. The Project is intended to alleviate congestion, and improve public safety for persons traveling through the intersection of Byron Highway and Camino Diablo.  
  
  
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 and environmental review phases of the Project, a number of interchange configurations and road alignments were studied. The interchange configurations and road alignment selected achieved the required operational traffic improvements 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 road alignments that were considered, and the selected configuration and alignment, are more specifically discussed in the Final Initial Study for the Project.  
  
3. The properties sought to be acquired are necessary for the Project.  
  
The property interests sought for this Project are necessary for the reconstruction of the Byron Highway and Camino Diablo Interchange, as planned. 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 owner of record of each of the property interests required for this Project. Each offer was based on an appraisal of the fair market value of the property interests being acquired. In this case, efforts were made to acquire each required property interest through negotiated purchase and sale instead of condemnation. Attempts to negotiate a settlement involved discussions, and in some cases meetings, with the owner of record and/or the owner’s representative. But, the negotiations were not successful, requiring the County to proceed with the adoption of this Resolution of Necessity in order to proceed with the Project, as planned.  

The County will be unable to acquire the property interests necessary for the Project.

CLOSED the public hearing; MADE findings as outlined on the Board Order; and ADOPTED Resolution of Necessity No. 2016/17 to acquire the required properties by eminent domain.