Title
a. Approve an Agreement for Purchase of Real Property to acquire Permanent Slope and Drainage Maintenance Easements for the maintenance of Viejo Road Storm Damage Repairs, Project No. 621095C, between the County of Monterey and Bates Property Company (Assessor's Parcel Number (APN) 103-031-018), and Charles Carroll Bates and Janet G. Bates; Seth Pardee Bates; David Talcott Bates; and Anthony Stewart Bates (APN 103-021-007), for a combined total cost of $6,800; and
b. Authorize the Director of Public Works, Facilities, and Parks or Director’s designee to execute the Agreement for Purchase of Real Property to purchase Permanent Slope and Drainage Maintenance Easements.
California Environmental Quality Act (CEQA) Action: Approval of contracts is not a Project under CEQA. The Project has been determined to be categorically exempt. A Notice of Exemption was filed on October 8, 2021, pursuant to CEQA Guidelines, California Code of Regulations (CCR) Section 15301 Existing Facilities.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve an Agreement for Purchase of Real Property to acquire Permanent Slope and Drainage Maintenance Easements for the maintenance of Viejo Road Storm Damage Repairs, Project No. 621095C, between the County of Monterey and Bates Property Company (APN 103-031-018), and Charles Carroll Bates and Janet G. Bates; Seth Pardee Bates; David Talcott Bates; and Anthony Stewart Bates (APN 103-021-007), for a combined total cost of $6,800; and
b. Authorize the Director of Public Works, Facilities, and Parks or Director’s designee to execute the Agreements for Purchase of Real Property to purchase Permanent Slope and Drainage Maintenance Easements.
SUMMARY:
Approval of the Agreement for Purchase of Real Property and recording of the related deeds are necessary to provide the required preventive maintenance at this site.
DISCUSSION:
The County of Monterey (County) experienced significant damages along Viejo Road due to substantial winter storms in 2017. County staff and the Federal Emergency Management Agency (FEMA) conducted a site visit to assess the damages, and the Viejo Road site was approved for Federal funds based on their findings.
The approved repairs, as stated in the National Environmental Policy Act (NEPA) document, involve the installation of a steel soldier pile wall with precast concrete lagging to repair the damaged areas. Preliminary engineering studies, including geotechnical and hydraulic assessments, have been conducted since the initial assessment. A Type Selection Memo was prepared, evaluating different repair alternatives, and ultimately recommending an embankment repair solution over a retaining wall solution based on factors such as constructability, functionality, and cost. The embankment repairs restored the slope embankment to its pre-storm damage condition.
For the permanent maintenance of the project, easements from two adjacent properties are required. Hamner, Jewell & Associates appraised the easements for fair compensatory value and presented offers to the affected property owners. Negotiations for the right-of-way were conducted by Hamner, Jewell & Associates on behalf of the County of Monterey. The property owners of record Bates Property Company (APN 103-031-018) and Charles Carroll Bates and Janet G. Bates; Seth Pardee Bates; David Talcott Bates; and Anthony Stewart Bates (APN 103-021-007) have agreed to the County’s purchase valuation for a combined total cost of $6,800 to secure the right-of-way for the maintenance of the Viejo Road Storm Damage Repairs Project.
The construction was completed October 2025. The acquisition of all easements is necessary to provide preventive maintenance at this site.
OTHER AGENCY INVOLVEMENT/COMMITTEE ACTIONS:
The Office of the County Counsel-Risk Management has reviewed and approved the Agreement for Purchase of Real Property and related deeds as to form.
FINANCING:
The total project cost, including engineering, environmental, right-of-way, and construction is $1,752,639. The construction contract work is nearly complete and final construction contract amount is $769,254.56. The cost to purchase the right of way easements is $6,800. Staff anticipates FEMA and CalOES reimbursements to cover the eligible cost. After completion of the project, an estimated reimbursement of $1,314,479 is expected from FEMA and $328,619 from CalOES. Measure X funds are budgeted to cover the balance of $109,541.
There are sufficient appropriations adopted in the Fiscal Year (FY) 2025-26 Road Fund 002, Appropriation Unit PFP004 budget to finance the construction phase of the project.
BOARD OF SUPERVISORS STRATEGIC PLAN GOALS:
The Project addressed undermining and washout area at Viejo Road by reconstructing the embankment over the existing steep slope below the roadway. The recommended action supports the following Board of Supervisors’ Strategic Initiatives:
__X__ Well-Being and Quality of Life
__X__ Sustainable Infrastructure for the Present and Future
___ _ Safe and Resilient Communities
__ _ _ Diverse and Thriving Economy
Prepared by: Victor Gutierrez, Project Manager, (831) 755-4806
Reviewed by: Enrique Saavedra, P.E. Chief of Public Works
Approved by: Randell Ishii, MS, PE, TE, PTOE, Director of Public Works, Facilities and Parks
The following attachments are on file with the Clerk of the Board:
Attachment A - Project Budget
Attachment B - Location Map
Attachment C - Purchase Agreement