Meeting_Body
REVISED
REGULAR BOARD MEETING
JUNE 27, 2024
Subject
SUBJECT: I-605/VALLEY BOULEVARD INTERCHANGE IMPROVEMENT PROJECT RESOLUTIONS OF NECESSITY
Action
ACTION: APPROVE RECOMMENDATION
Heading
RECOMMENDATION
Title
CONSIDER:
A. HOLDING a public hearing on the proposed Resolutions of Necessity; and
B. ADOPTING the Resolutions of Necessity authorizing the commencement of eminent domain actions to acquire the Property Interests (“Property Interests”) as identified in Attachment A, and described as follows:
1. Project Parcel I-605-1, 12900 Valley Boulevard, Unincorporated Area of Los Angeles County, CA (APN 8110-023-024 & 025); 26-month Temporary Construction Easement (TCE)
2. Project Parcels I-605-4-1 and I-605-4-2, 13009 Temple Avenue, Unincorporated Area of Los Angeles County, CA (APN 8563-012-028 & 8563-012-029); Partial fee simple Interest (Fee) and a 26-month TCE
3. Project Parcels I-605-5-1 and I-605-5-2, 13001 Temple Avenue, City of Industry, CA (APN 8564-007-008); Fee and a 26-month TCE
4. Project Parcels I-605-8-1 and I-605-8-2, 13000 Temple Avenue, City of Industry, CA (APN 8564-011-015); Fee and a 26-month TCE
(REQUIRES TWO-THIRDS VOTE OF THE FULL BOARD)
Issue
ISSUE
Acquisition of the Property Interests is required for the construction and operation of the I-605/Valley Boulevard Interchange Improvement Project (“Project”). While each of the properties is improved, the acquisition of the Property Interests will not result in residential or business displacements. After testimony and evidence has been received from all interested parties at the hearing, Los Angeles County Metropolitan Transportation Authority (“LACMTA”), by a vote of two-thirds of the Board, must make a determination as to whether to adopt the proposed Resolutions of Necessity (Attachments B-1, B-2, B-3, and B-4) to acquire the Property by eminent domain. Attached is evidence submitted by staff that supports the adoption of the Resolutions and which sets forth the required findings in Attachment A.
Background
BACKGROUND
The I-605 is a major north-south Interstate freeway that accommodates interregional travel and goods movement. The I-605/Valley Boulevard interchange provides access to the City of Industry, a major business, industrial uses, and a distribution hub. This location currently experiences significant congestion and operational deficiencies caused by heavy truck traffic, and higher than statewide average collision rates for comparable facilities as per the latest Caltrans TASAS Selective Accident Retrieval Report. Between January 1, 2016 and December 31, 2018, 1,052 collisions on the I-605 mainline segments and 74 collisions on the freeway ramps were reported. The four high collision rate ramp locations and analysis for the Project are as follows:
• I-605 Southbound On-Ramp from Eastbound Valley Boulevard - 7 collisions occurred resulting in an actual rate reported to be 545% higher than the statewide average.
• I-605 Southbound On-Ramp from Westbound Valley Boulevard - 15 collisions occurred resulting in an actual rate reported to be 197% higher than the statewide average.
• I-605 Northbound Loop On-Ramp from Eastbound Valley Boulevard - 2 collisions occurred resulting in an actual rate reported to be 69% higher than the statewide average.
• I-605 Southbound On-Ramp Segment from Westbound Valley Boulevard - 20 collisions occurred resulting in an actual rate reported to be 310% higher than the statewide average.
Over the past 10 years, three incidents resulting in two fatalities and three injuries were reported at the Temple Avenue at-grade railroad crossing in close proximity to the subject interchange. Operational deficiencies are forecasted to increase and exacerbate existing safety and traffic concerns if nothing is done.
The Project is expected to improve the freeway and local interchange/arterial operations and safety, and reduce congestion by providing additional ramp lanes, widening ramp lanes to accommodate large truck wheel paths, providing standard ramp shoulder widths, and improving horizontal stopping sight distances. Also, due to the close proximity to the interchange, 300 feet to the north, on Temple Avenue, the at-grade railroad crossing presents the potential for vehicular, train (freight and passenger), and pedestrian traffic conflicts. The at-grade crossing is a three-track shared use with Union Pacific Railroad and Southern California Regional Rail Authority (Metrolink) trains. The existing condition requires the implementation of various ADA-compliant new pedestrian safety features and facilities (barricades, gates, handrails and fencing) to restrict, channelize, and direct the safe movement of pedestrians and motorists at the crossing and interchange. The Project will require extensive design and signal coordination involving both railroads, Caltrans, Los Angeles County, the California Public Utilities Commission, and the City of Industry.
The Project is designed to enhance safety for all users by reducing the number of times pedestrians cross higher speed on- and off-ramp lanes, reduce congestion by adding an HOV lane, and improve freeway and local interchange operations by consolidating on- and off-ramps. The Project scope includes the following: reconfiguring the freeway on- and off-ramps; reconstructing, repaving, and widening local streets (Valley Boulevard and Temple Avenue); upgrading signals/devices (traffic, railroad, and pedestrian crossing indicator); constructing retaining walls and sound walls; installing new streetlights to improve visibility for safety and security; new signage to direct pedestrians and motorists; and implementing Americans with Disabilities Act (ADA) infrastructure upgrades (curb ramps, sidewalks, and pedestrian pathways); and railroad safety upgrades to improve traffic flow and operations, and reduce the potential for vehicular, train (freight cargo and passenger) and pedestrian conflicts. The Project will not result in any displacement of residents or businesses.
In 2017, LACMTA, in collaboration with Caltrans District 7, the Gateway Cities Council of Governments (GCCOG), and SGVCOG agreed to advance the development and implementation of the Project to alleviate the operational deficiencies and improve mobility and safety, consistent with the goals and recommendations for the SR-91/I-605/I-405 Hot Spots Program.
The Board designated $590 million in Measure R funds for the “Hot Spots” congestion relief improvements along the I-605, SR-91 and I-405 corridors in the Gateway Cities subregion. In March 2013, Metro completed a feasibility study of the corridors to identify congestion “Hot Spots” and to develop preliminary improvement concepts. The Project is one of the “Hot Spot” or “Early Action” Projects that was pursued and advanced to improve mobility along the I-605 corridor.
In 2018, the Board approved the contract to complete the environmental and design phases for the Project. In 2021, the Board authorized staff to execute the necessary Third-Party funding agreements to complete the Project.
Even though this project was scoped and initiated before the adoption of Metro’s Objectives for Multimodal Highway Investment (June 2022), it is consistent with those objectives given that: 1) implementation of the project will not require any displacements; 2) the project supports traffic mobility, enhanced safety, economic vitality and access to opportunity, and; 3) the pedestrian enhancements will address local needs and create a safer transportation system.
The Project garners strong support from the following:
§ San Gabriel Government Council of Governments (SGVCOG),
§ Gateway Cities Council of Governments (GCCOG),
§ Los Angeles County,
§ City of Industry,
§ California Department of Transportation (Caltrans),
§ California Public Utilities Commission (CPUC),
§ Union Pacific Railroad (UPRR), and
§ Southern California Regional Rail Authority (Metrolink).
No other alternative locations for the Project provide greater operational safety, decrease travel time, improve air quality, and provide access to the corridor. This public good will also support the fulfillment of Metro’s LA County traffic Improvement Plan under Measure R.
Acquisition of the Property Interests is required for the construction and operation of the Project. The Property Interests consists of the following:
Project Parcel I-605-1:
Affects APN: 8110-023-024 and 8110-023-025.
Address: 12900 Valley Boulevard, Unincorporated area of Los Angeles County.
Required Property Interests: The Project will replace the existing sidewalk, curb and gutter, and driveway aprons along the property’s Valley Boulevard frontage. The Project requirements include a temporary construction easement of 776 square feet extending along the frontage and location of the existing sidewalk for the duration of 26 months. The purpose of the TCE is to construct pavement transitions from the back of the sidewalk and driveways to the existing parking lot surface.
Project Parcels I-605-4-1and I-605-4-2:
Affects APN: 8563-012-028 and 8563-012-029
Address: 13009 Valley Boulevard. Unincorporated area of Los Angeles County;
Required Property Interests: The Project requirements include a partial fee acquisition that is 444± square feet in size and a 26-month TCE that is 1,556± square feet in size. Both Property Interests are located along the Temple Avenue frontage of the parcel which is impacted by an existing encumbrance that includes an irrevocable offer of dedication and a slope and drainage easement. The TCE is located parallel to and behind the partial fee acquisition. The existing building improvement and the current use will not be impacted by the acquisition of the Property Interests.
Project Parcels I-605-5-1 (Fee) and I-605-5-2 (TCE):
Affects APN: 8564-007-008
Address: 13001 Temple Avenue, City of Industry, CA.
Location: Southwest corner of Temple Avenue.
Required Property Interests: The requirements include a partial fee acquisition of 4,098 square feet and a 26-month TCE that is 1,957 square feet. The Property Interests are located along the eastern line of the parcel along Temple Avenue frontage. The TCE extends parallel and adjacent to the rear of the fee acquisition for a width of approximately 10 feet. The existing landscaping within the TCE area will be removed but replaced in like-kind at the end of construction by the contractor. The existing building will not be affected by the acquisition of the Property Interests or construction. A portion of project Parcel 5-1 (Fee), is presently used as a permanent street easement portion.
Project Parcels I-605-8-1 and I-605-8-2:
Affects APN: 8564-011-015 (Mabek Co)
Address: 13000 Temple Avenue, City of Industry, CA 91746
Required Property Interests: The Project requirements are a fee acquisition of 1,551 square feet and a 26-month TCE that is 6,079 square feet. Both the partial fee acquisition and the TCE are along the north-western property line of the parcel along Temple Avenue frontage. The partial fee acquisition has a width of approximately 6 feet. The existing structure will not be affected by the acquisition. The TCE extends parallel and adjacent to the rear of the partial fee acquisition for a with a width of approximately 25 feet.
Discussion
DISCUSSION
Written offers of Just Compensation to purchase the Property Interests were presented to the Owners of Record (“Owner”) on January 29, 2024 for the Property Interests located at 12900 Valley Boulevard, La Puente, CA 91746 (APN’s 8110-023-024 & 025), on February 1, 2024 for the Property Interests located at 13009 Valley Boulevard, LA Puente, CA (APN 8563-012-028 & 029), on January 30, 2024 for the Property Interests located at 13001 Temple Avenue, City of Industry, CA (APN 8564-007-008), and on December 28, 2023 for the Property Interests located at 13000 Temple Avenue, City of Industry, CA (APN 8564-011-015) as required by California Government Code Section 7267.2 The Owners have not accepted the offer of Just Compensation made by the LACMTA, and the parties have not at this time reached a negotiated settlement for the acquisition of the Property Interests. Because the Property Interests are necessary for the construction and operation of the Project, staff recommends the acquisition of the Property Interests through eminent domain to obtain possession in order to maintain the Project’s schedule.
In accordance with the provision of the California Eminent Domain law and Section 30503, 30600, 130051.13, 130220.5 and 132610 of the California Public Utilities Code (which authorizes the public acquisition of private property by eminent domain), LACMTA has 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 the Property is necessary for the Project; (4) whether either the offer required by Section 7267.2 of the Government Code has been made to the Owner, or the offer has not been made because the Owner cannot be located with reasonable diligence; (5) that any environmental review of the Project, as may be necessary, pursuant to the California Environmental Quality Act (CEQA) has occurred 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 from all interested parties at the hearing, LACMTA must make a determination as to whether to adopt the proposed Resolutions of Necessity to acquire the Property by eminent domain. To adopt the Resolutions, LACMTA must, based on the evidence before it, and by vote of two-thirds of its Board, find and determine that the conditions stated in items 1 - 6 above exist.
Attached is the Staff Report prepared by staff and legal counsel setting forth the required findings for acquiring the Property through the use of eminent domain (Attachment A).
There are no displacements of residents or local businesses as a result of the acquisition of the Property.
Determination Of Safety Impact
DETERMINATION OF SAFETY IMPACT
The Board action will not have an impact on LACMTA’s safety standards.
Financial Impact
FINANCIAL IMPACT
The funding for the acquisition of the Property is included in the Fiscal Year 2024 budget under the I-605 Valley Blvd Interchange Project Number 460348, Cost Center 6510, Acquisition of Land Account 53103. NOTE: The overall project also received State TCEP funding in June 2023 in the amount of $33.57M.
Impact to Budget
The source of funds will be Measure R Highway Capital (20%). These funds are not eligible for bus and rail operations or capital expenditures.
Equity Platform
EQUITY PLATFORM
Throughout project development, agency project partners were committed to implementing an engagement process that addressed community needs and worked towards equitable outcomes for all users of the transportation system. All agency project partners will continue to support outreach efforts that may include, but are not limited to, community meetings/activities; stakeholder briefings/presentations; round table discussions; multi-lingual mailers/postcards in Spanish and Chinese, notices; virtual meetings; website posts and email distribution; and social media, as needed, during the next project phase (construction).
The environmental studies for the Project began in 2019, and the Final Environmental Document was approved by Caltrans under CEQA and the National Environmental Policy Act (NEPA) in April 2021. The public engagement process conducted during the environmental review phase of the Project occurred in the summer of 2020.
Notices of the Project and availability of the environmental document were published in Spanish in La Opinion (6-16-2020); in English in the San Gabriel Valley Tribune (6-17-2020) and in Chinese in the Chinese Daily News (6-18-2020), respectively.
As part of the project development process, the project team worked with various stakeholders to address their transportation priorities and mobility needs. The project team conducted focused consultations for the Native American community and on historic preservation and hazardous waste issues. A public information/public awareness campaign will likely occur during the construction phase of the Project which will be led by the SGVCOG.
According to LA County, ped counts for the area were not available. As noted in the background section, the I-605/Valley Blvd interchange currently experiences significant congestion, heavy truck traffic, operational deficiencies, and higher than State average collision rates for comparable facilities. Also, over the past 10 years, three incidents resulting in two fatalities and three injuries were reported at Temple Avenue at grade railroad crossing in close proximity to the I-605/Valley Blvd interchange. The proposed safety and operational improvements, as well as the railroad safety upgrades, are expected to reduce the number of incidents and the potential for vehicular, train (freight and cargo) and pedestrian traffic conflicts.
Based on the traffic and safety data reported for the interchange, all users, including the most vulnerable, will benefit from the betterments that are being proposed for the Project. Safety features for signalized intersections, including painted/delineated crosswalks, pedestrian crossing indicators (push buttons); new lighting for safety and security; ADA compliant pathways and other related infrastructure (curb ramps, sidewalks, driveways, and auto pedestrian signals for the sight and hearing impaired); roadway improvements (newly paved local roads) for wheeled-users and cyclists; and new signage (to direct pedestrians and motorists) is being proposed to support the motorists, pedestrians, cyclists, rollers and non-motorized users traversing through the project area.
Offers for the Property Interests were made, as referenced above, based on an appraisal of fair market value. Fair market value is defined as “the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.” Metro staff has been negotiating with the Owners since June 2023, but agreements have not yet been reached. Approving this action will allow staff to continue negotiations while maintaining the project schedule.
Implementation_of_Strategic_Plan_Goals
IMPLEMENTATION OF STRATEGIC PLAN GOALS
The Project is consistent with the following Metro Vision 2028 Strategic Plan Goals:
Goal 1: Provide high-quality mobility options that enable people to spend less time traveling by alleviating the current operational deficiencies and improving mobility along the freeway mainline, local interchange, and local arterials.
Goal 4: Transform LA County through regional collaboration by partnering with Caltrans, San Gabriel Council of Governments, LA County, City of Industry, Union Pacific Railroads, Metrolink and the California Public Utility Commission to identify needed improvements; and taking the lead in developing and implementing the interchange project.
Alternatives_Considered
ALTERNATIVES CONSIDERED
The Board could choose not to approve the recommendations. This is not recommended as it would result in significant delays and cost increases for the Project. Also, as noted in the Background section, this interchange has high average collision rates and therefore remains a safety concern until the Project can be completed.
Next_Steps
NEXT STEPS
If this action is approved by the Board, LACMTA’s condemnation counsel will be instructed to take all steps necessary to commence legal proceedings in a court of competent jurisdiction to acquire the Property Interests by eminent domain and to conclude those proceedings either by settlement or jury trial. Counsel will also be directed to seek and obtain an Order of Prejudgment Possession in accordance with the provisions of the eminent domain law. Staff will continue to negotiate with the property owner with the goal of reaching a voluntary settlement while concurrently continuing the eminent domain process to preserve the project schedule.
Attachments
ATTACHMENTS
Attachment A - Staff Report
Attachment B-1 - Resolutions of Necessity
Attachment B-2 - Resolutions of Necessity
Attachment B-3 - Resolutions of Necessity REMOVED
Attachment B-4 - Resolutions of Necessity REMOVED
Prepared_by
Prepared by: Craig Justesen, Executive Officer, Real Estate, (213) 922-7051
Holly Rockwell, Senior Executive Officer, Real Estate and TOC (213) 922-5585
Michelle Smith, Executive Officer, Complete Streets and Highways, (213) 547-4368
Avital Barnea, Senior Executive Officer, Multimodal Integrated Planning, (213) 547-4317
Reviewed_By
Reviewed by: Ray Sosa, Chief Planning Officer, (213) 547-4274
