Meeting_Body
REGULAR BOARD MEETING
OCTOBER 24, 2019
Subject
SUBJECT: ROSECRANS/MARQUARDT GRADE SEPARATION PROJECT
Action
ACTION: APPROVE RECOMMENDATIONS
Heading
RECOMMENDATION
Title
CONSIDER:
A. HOLDING a public hearing on the proposed Resolutions of Necessities; and
B. ADOPTING the Resolutions of Necessities authorizing the commencement of an eminent domain action to acquire a Roadway Easement, Overhang Easement and Temporary Construction Easements from the properties identified as Parcels RM-04 (APN: 8059-029-030) and RM-05 (APN: 8059-029-031) and to acquire Permanent Footing, Roadway and Temporary Construction Easements and Improvements Pertaining to Realty from the properties identified as Parcels RM-31 (APN: 8069-005-010) and RM-32 (APN: 8069-005-011). The properties listed above are herein referred to as “Properties”.
(REQUIRES 2/3 VOTE OF THE BOARD)
Background
BACKGROUND
The acquisition of the Properties are required for the construction and operation of the Rosecrans/Marquardt Grade Separation Project (“Project”). The Project will improve the safety and traffic flow of the Rosecrans Avenue and Marquardt Avenue intersection.
Written offers to purchase the Properties were delivered to the Owners of Record (“Owners”) of the Property, as required by California Government Code Section 7267.2. The Owners have not accepted the offer of Just Compensation made by the Los Angeles County Metropolitan Transportation Authority (“LACMTA”), and the parties have not reached negotiated settlement as of this date. Since the Properties are necessary for construction of the Project, staff recommends the acquisition of the Properties through eminent domain to maintain the Project schedule.
In accordance with the provisions of the California Eminent Domain Law and Sections 30503, 30600, 130051.13, 130220.5 and 132610 of the California Public Utilities Code (which authorize the public acquisition of private property by eminent domain), LACMTA has timely prepared and mailed notice of this hearing to the Owners informing them of their right to appear at this hearing and be heard on the following issues: (1) whether the public interest and necessity require the Project; (2) whether the Project is planned or located in the manner that will be most compatible with the greatest good and the least private injury; (3) whether their respective Properties are necessary for the Project; (4) whether either the offers required by Section 7267.2 of the Government Code have been made to the Owners, or the offers have not been made because the Owners cannot be located with reasonable diligence; (5) whether environmental review of the Project has complied with the California Environmental Quality Act (CEQA) and (6) whether LACMTA has given the notice(s) and followed the procedures that are a prerequisite to the exercise of the power of eminent domain.
After all of the testimony and evidence has been received by LACMTA’s Board from all interested parties at the hearing, LACMTA’s Board must make a determination as to whether to adopt the proposed Resolutions of Necessity to acquire the Properties by eminent domain. In order to adopt the resolutions, LACMTA’s Board must, based on the evidence before it, and by a vote of two-thirds of all of its members, find and determine that the conditions stated in the items 1 - 6, above, exist. Attached is evidence submitted by staff that supports adoption of the Resolutions that have been approved by counsel, which is set forth the required findings (Attachment A).
Determination_Of_Safety_Impact
DETERMINATION OF SAFETY IMPACT
This Board action will not have an impact on LACMTA’s safety standards.
Financial_Impact
FINANCIAL IMPACT
The funding for the temporary construction easement is included in the Fiscal Year 2020. Budget for the Rosecrans Marquardt Grade Separation Project in Cost Center 2415 under Project Number 460066. Since this is a multi-year project, the Cost Center Manager, Project Manager and Chief of Program Management will be responsible for future fiscal year budgeting.
Impact to Budget
The FY20 budget is designated for the Rosecrans/Marquardt Grade Separation Project and is funded with Measure R 20% Highway Capital Funds. The FY20 funds were planned and designated for this project. Design and construction of this project does not have an impact to operations funding sources.
Implementation_of_Strategic_Plan_Goals
IMPLEMENTATION OF STRATEGIC PLAN GOALS
Equity Platform Framework Consistency
Equity is afforded to property owners to engage and have a voice in the decision-making process with regards to the acquisition of their property.
Strategic Plan Consistency
The recommended Board action is consistent with Metro Vision 2028 Goal #1: Provide high quality mobility options that enable people to spend less time traveling. Acquisition of property is a required step for the ultimate construction and operation of the Rosecrans Marquardt Grade Separation Project which will provide an additional mobility option.
Next_Steps
NEXT STEPS
If this action is approved by the Board, Metro’s condemnation counsel will be instructed to take all steps necessary to commence legal proceedings in a court of competent jurisdiction to acquire the properties interests by eminent domain. Counsel will also be directed to seek and obtain an Order of Prejudgment Possession in accordance with the provisions of the eminent domain law, as necessary.
Attachments
ATTACHMENTS
Attachment A - Staff Report
Attachment B - Resolutions of Necessities (“B-1” and “B-2”)
Prepared_by
Prepared by: Craig Justesen, Director of Real Property Management & Development, (213) 922-7051
Velma C. Marshall, Deputy Executive Officer, Real Estate, (213) 922-2415
Holly Rockwell, Senior Executive Officer, Real Property Management & Development, (213) 922-5585
Reviewed_By
Reviewed by: James de la Loza, Chief Planning Officer (213) 922-2920
