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 Drainage Area 55 funds.

  

1. 1. Proposed Project
The Contra Costa County Flood Control and Water Conservation District (District) in cooperation with the City of Antioch (City), will complete the West Antioch Creek Channel Improvements Project (Project), to improve the flood water conveyance capacity of West Antioch Creek. The Project will be located within the District’s jurisdictional boundaries and the City of Antioch’s city limits in eastern Contra Costa County.   
  
West Antioch Creek has been a source of repeated, localized flooding between West 4th Street and West 10th Street, in Antioch. Currently within the Project area, the West Antioch Creek channel, as it flows south to north, transitions from structural plate steel arch culverts under West 10th Street, to a concrete-lined ditch covered by wooden planking under a parking lot at 1400 West 10th Street, to an open concrete-lined ditch adjacent to a carport associated with a neighboring apartment building, to an earthen channel that extends to 4th Street, in Antioch. From 4th Street, a concrete-lined segment extends approximately 550 feet before transitioning to an earthen channel that continues north beyond the BNSF railroad trestle that crosses West Antioch Creek.  
  
The Project is intended to reduce flooding in the area by improving the West Antioch Creek channel to meet a 25-year level of protection. Phase One of the Project will consist of capacity improvements to West Antioch Creek, between West 4th Street and West 10th Street, in Antioch, and will entail the removal of the existing undersized steel arch culverts under West 10th Street. Those culverts will be replaced with four precise concrete box culverts. The 400-foot concrete-lined channel downstream (north) of those culverts will be replaced with approximately 640 linear feet of realigned earthen channel. The channel may require dewatering prior to sediment removal. Phase One activities will affect a 0.23-acre portion of concrete-lined channel and a 0.019-acre in-stream wetland. Future phases of the Project will include improvements to West Antioch Creek, beginning at the north end of the Phase One Project area, and continuing north to 200 feet north of the BNSF railroad trestle that crosses the creek.  
  
On March 10, 2015, this Board APPROVED the proposed project and ADOPTED the Mitigated Negative Declaration pertaining to this Project. SCH#: 2014042078.  
  
Under an agreement with the City concerning this Project, the District is responsible for acquiring all property interests required to complete the Project. To complete Phase One of the Project, the District must acquire various property interests in eight (8) parcels within the Project area. The property interests required for Phase One of the Project include fee title to certain parcels, and temporary construction easements, permanent access easements, a floating easement and a temporary access easement within other parcels. The property interests to be acquired for Phase One of the Project are more particularly described in Appendix “A”.  
  
The District, 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 Phase One of 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 Phase One of the Project is scheduled to begin in the spring of 2016. In order to proceed with the Project, it is necessary for the District 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 to them, by first-class mail and certified mail on August 31, 2015, a Notice of Intention, which notified the owners that a hearing to consider adopting a resolution of necessity will be held on September 22, 2015, 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.  

2. 2. Scope of Hearing Per C.C.P. Section 1245.235
   1. Public Interest and Necessity require the proposed project.
West Antioch Creek has been a source of repeated, localized flooding between West 4thth Street and West 10th Street, in Antioch. The Project is intended to result in this segment of West Antioch Creek meeting a 25-year level of flood protection, reduce the future risk of flooding in the surrounding community, and protect persons living, and properties located, adjacent to the creek. If the Project is not implemented, residents will continue to experience localized flooding in this area, which could result in significant losses.  

3. 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.
  
During the planning and environmental review phases of the Project, several conveyance alternatives were evaluated. The conveyance alternative that was selected achieved the required channel flow necessary to provide a 25-year level of flood protection and to alleviate the repeated and localized flooding within the Project area. The other conveyance alternatives not selected would have resulted in greater impact to both residential and commercial properties located within and adjacent to the Project area.   

4. 3. The properties sought to be acquired are necessary for the project.
  
The properties sought for the Project are necessary for the construction of the West Antioch Channel Improvements Project, 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.  

5. 4. The offer of compensation required by Section 7267.2 of the Government Code has been made to owner or owners of record.
  
The District, through the Real Estate Division of the Public Works Department, has made an offer of just compensation to the owner or owners 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 said property interests. In this case, efforts were made to acquire the required property interests through negotiated purchase and sale instead of condemnation. Attempts to negotiate a settlement involved discussions, and in some cases meetings, with the property owners of record and/or their representatives. However, negotiations were not successful, requiring the District to proceed with the adoption of this Resolution of Necessity in order to proceed with the Project, as planned.