The Santa Barbara County Board of Supervisors has voted to do what’s necessary to acquire the last property for the Randall Road debris basin along San Ysidro Creek in Montecito.
To date, the county has purchased seven of eight properties for the proposed debris basin near Randall Road and East Valley Road/Highway 192. A $13.5 million grant from the Federal Emergency Management Agency was used to purchase several of the properties.
The debris basin would be built in two phases on about eight acres along San Ysidro Creek, an area that was heavily damaged in the deadly Jan. 9, 2018, flash flooding and debris flow.
Numerous homes in the 1700 block of East Valley Road and on Randall Road were destroyed in the disaster, which killed 23 people, including four who lived along San Ysidro Creek.
The property at 630 Randall Road, owned by the Montgomery family for more than 25 years, is the last piece needed to begin the second phase of construction on the project.
The Santa Barbara Flood Control and Water Conservation District has attempted to negotiate with owner Catherine Montgomery over the past two years without success, but the district is required to commence and complete construction of the entire debris basin within a “very specific, seasonal time,” according to a staff report.
The county offered Montgomery $1.35 million for the property back in May, as well as an offer for an exclusive easement over her property and for Montgomery to retain ownership, both of which were declined, said Maureen Spencer, interim deputy director of the Public Works Department.
Montgomery, whose husband, Dr. Mark Montgomery, and daughter, Caroline, died in the disaster, has been reluctant to sell her property, telling the Board of Supervisors that it is the only thing she has left.
In an emotional plea to save her property, she told the board, “In four weeks it will be my 30th anniversary to be married to Mark. I have two things from that 30-year marriage, I have my wedding ring and I have Randall Road. I have nothing else …
“Randall Road has meant everything to me over the last three years of dealing with the loss of my daughter, the loss of my husband, the loss of my life as we knew it.”
Montgomery’s attorney, Todd Amspoker of Price, Postel & Parma LLP, argued that sponsoring agencies for projects with FEMA money, such as Santa Barbara County, may not use eminent domain, and that the county is “simply violating federal law” by pursuing the property.
However, if the county is not able to take possession of the Montgomery property, it would mean that the debris basin would be smaller and the community would not have as much protection, Spencer told Noozhawk, adding that the basin was designed with all of the parcels in mind.
According to the county staff report, a resolution of necessity is the first step in the condemnation process if agreements cannot be reached.
While district staff will attempt to work with Montgomery on any unresolved matters, and it is still possible that agreements may be reached prior to the completion of the condemnation proceedings, the resolution of condemnation will allow the court to determine fair compensation for the property and address any other issues raised in litigation.
While sympathetic to Montgomery’s situation, the Board of Supervisors unanimously approved the resolution of necessity for the project.
“I cannot imagine the anguish that Mrs. Montgomery has been through, and we are not ignoring that,” First District Supervisor Das Williams said. “In fact, for me, that is the very reason why we must proceed with this project.
“We cannot allow, when it is within our power, to reduce the likelihood that others will share and experience that grief. We cannot hold back from building a basin that will maximize the community’s safety.”
Construction of the debris basin is split into two phases, with the first phase starting on May 10, and the second phase dependent on the acquisition of the last property, Spencer said.
If it becomes clear that the county will be able to obtain possession of Montgomery’s property, the county would do a change order to allow the current contractor to start on the last three parcels, Spencer explained.
If the county is able to obtain the property by October, the entire construction would be complete by December or January, she added.
“That means we will have a fully functioning facility by January,” Spencer said. “That way we are affording that protection to the community sooner rather than later.”
Without the acquisition of the final property, the first phase would be completed in November or the beginning of December, and the basin itself would just be smaller, she said.
— Noozhawk staff writer Jade Martinez-Pogue can be reached at jmartinez-pogue@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.
