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File #: 2025-0135   
Type: Resolution Status: Agenda Ready
File created: 2/18/2025 In control: Board of Directors - Regular Board Meeting
On agenda: 6/26/2025 Final action:
Title: ADOPT the proposed Resolutions of Necessity ("Resolutions") authorizing the commencement of eminent domain actions to acquire the Property Interests ("Property Interests") as identified in Attachment A and summarized below: 1) 10060 Remmet Avenue, Chatsworth, CA 91311 (APN: 2747-025-030) - a 36-month Non-Exclusive Temporary Access Easement ("TAE" or "EST") - Project Parcel CH-EST-003 2) Eastside of Remmet Avenue, Chatsworth, CA 91311 (APN: 2747-025-031); a Partial Fee ("Fee" or "PART") - Project Parcel CH-PART-001, a 36-month Temporary Construction Easement ("TCE") - Project Parcel CH-TCE-001, and a 36-month TAE - Project Parcel CH-EST-001 3) Eastside of Remmet Avenue, Chatsworth, CA 91311 (APN: 2747-025-032) - a Partial Fee - Project Parcel CH-PART-002, a 36-month TCE - Project Parcel CH-TCE-002, and a 36-month TAE - Project Parcel CH-EST-006 (REQUIRES TWO-THIRDS VOTE OF THE FULL BOARD)
Sponsors: Board of Directors - Regular Board Meeting
Indexes: Board approved a Motion, Budgeting, Chatsworth, Construction, Easements, Eminent domain, Las Virgenes/Malibu subregion, Metro Busway G Line, Metrolink, Motion / Motion Response, Pedestrians, Private property, Project, Property acquisition, Railroad commuter service, Resolution, Safety, San Fernando Valley Service Sector, Station 1135, Strategic planning, Temporary Construction Easement, Underpasses
Attachments: 1. Attachment A - Staff Report, 2. Attachment B1 - Resolution of Necessity 2747-025-030, 3. Attachment B2 - Resolution of Necessity 2747-025-031, 4. Attachment B3 - Resolution of Necessity 2747-025-032, 5. Attachment C - Motion # 5.1, 6. Presentation
Date Action ByActionResultAction DetailsMeeting DetailsAudio
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Meeting_Body

REGULAR BOARD MEETING

JUNE 26, 2025

 

Subject

SUBJECT:                     PUBLIC HEARING ON RESOLUTIONS OF NECESSITY FOR METROLINK CHATSWORTH STATION IMPROVEMENT PROJECT

 

Action

ACTION:                     APPROVE RECOMMENDATION

 

 

Heading

RECOMMENDATION

 

Title

ADOPT the proposed Resolutions of Necessity (“Resolutions”) authorizing the commencement of eminent domain actions to acquire the Property Interests (“Property Interests”) as identified in Attachment A and summarized below:

 

1)                     10060 Remmet Avenue, Chatsworth, CA 91311 (APN: 2747-025-030) - a 36-month Non-Exclusive Temporary Access Easement (“TAE” or “EST”) - Project Parcel CH-EST-003

 

2)                     Eastside of Remmet Avenue, Chatsworth, CA 91311 (APN: 2747-025-031); a Partial Fee (“Fee” or “PART”) - Project Parcel CH-PART-001, a 36-month Temporary Construction Easement (“TCE”) - Project Parcel CH-TCE-001, and a 36-month TAE - Project Parcel CH-EST-001

 

3)                     Eastside of Remmet Avenue, Chatsworth, CA 91311 (APN: 2747-025-032) - a Partial Fee - Project Parcel CH-PART-002, a 36-month TCE - Project Parcel CH-TCE-002, and a 36-month TAE - Project Parcel CH-EST-006

 

(REQUIRES TWO-THIRDS VOTE OF THE FULL BOARD)

 

Issue

ISSUE

 

Acquisition of the Property Interests is required for the construction and operation of the Southern California Regional Rail Authority (“SCRRA” or “Metrolink”)’s Southern California Optimized Rail Expansion (SCORE) Chatsworth Station Improvement Project (“Project”), specifically to construct and operate a new pedestrian underpass, along with its associated staircase and ramp, at Chatsworth Station.  After testimony and evidence has been received from all interested parties at the hearings, Los Angeles County Metropolitan Transportation Authority (“LACMTA”), by a vote of two-thirds of its Board of Directors (“Board”), must make a determination as to whether to adopt the proposed Resolutions of Necessity (Attachments B1-B3) to acquire the Property Interests by eminent domain.  Attached is evidence submitted by staff that supports the adoption of the resolutions which sets forth the required findings. 

 

Background

BACKGROUND

 

LACMTA is a member of the SCRRA Joint Powers Authority, which operates Metrolink commuter rail service in and through LA County.  SCORE is SCRRA’s $10 Billion capital program which invests in track, signal, grade crossing, station, and other capacity and safety improvements to meet the region’s future passenger rail needs. When SCORE is implemented, most Metrolink lines will have the capacity to operate 30-minute bi-directional service, a significant increase compared to current service levels. Additional SCORE benefits will include cleaner air and greenhouse gas reductions, more access to jobs, economic development and affordable housing, and seamless connections to other transportation services. Los Angeles County would see reduced traffic congestion and emissions on adjacent freeways, as Metrolink removes the equivalent of one lane of parallel freeway traffic during the peak hour in peak direction in some locations, with similar improvements in other counties served. Fewer vehicles on the road results in fewer traffic collisions, reduced air pollution and emissions, and decreased energy consumption for the residents in Los Angeles County. The envisioned SCORE program is expected to reduce 7.4 million pounds of reactive organic gas emissions, 103.6 million pounds of oxides of nitrogen, 3.6 million pounds of atmospheric particulate matter that have a diameter less than 2.5 micrometers, and 4.0 million pounds of diesel particulate matter (black soot) between 2023 and 2078, and well beyond.

 

The proposed Chatworth Station and Signal Improvements Project will improve passenger safety and enable more frequent and reliable services. The project will remove an existing at-grade crossing, construct a new pedestrian underpass, improve train operations and reduce commute times by decreasing station hold times, reducing idling and emissions, and extending the existing platforms to a standard length of 680 feet. The project benefits are as follows:

 

                     Pedestrian Safety: The Project will eliminate an at-grade crossing and improve pedestrian access.

                     Reliability: This project will enable more frequent service.

                     Air quality: Less idling will reduce emissions.

 

In September 2019, the Board approved Motion # 5.1 by Directors Garcetti, Barger, Kerkorian, Najarian, Solis, and Hahn to “adopt as policy SUPPORT for the build-out of Metrolink’s SCORE master plan to improve regional mobility, increase transit ridership, and reduce greenhouse gas emissions.” (Attachment C)  Additionally, on December 1, 2022, the Board approved proceeding with property acquisition and related activities and to enter into funding agreements for four SCORE projects.  In February 2023 LACMTA and Metrolink entered into a Funding Agreement specific to the Chatsworth Project.

 

Discussion

DISCUSSION

 

As required by California Government Code Section 7267.2., on July 24, 2024, LACMTA and Metrolink, acting jointly as METRO, presented a written offer of Just Compensation to the Owners of Record (“Owner”) to purchase the Property Interests. The Owner has not accepted the offer 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 construction and operation of the Project, staff recommend the acquisition of the Property Interests through eminent domain in order to maintain the Project’s schedule.

 

In accordance with provisions of the California Eminent Domain Law and Sections 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 Owner 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 public good and the least private injury; (3) whether the Property Interests are necessary for the Project; (4) whether either the offer required by Section 7267.2 of the Government Code has been made to the owner(s) of the Property Interests, or the offer has not been made because the owner(s) cannot be located with reasonable diligence; (5) whether 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.  In order to adopt the Resolutions, LACMTA must, based on the evidence before it, and by a 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 Interests through the use of eminent domain (Attachment A).

 

The Property Interests impact vacant land.  There are no displacements of residents or local businesses as a result of the acquisition of the Property Interests.

 

Determination_Of_Safety_Impact

DETERMINATION OF SAFETY IMPACT

 

The Board's action will not have an impact on LACMTA’s safety standards.

 

Financial_Impact

FINANCIAL IMPACT

 

The funds required to support the acquisition, relocation activities, and the recommended right of way action for the properties referenced in this report are included in the adopted Project’s Preconstruction budget under Cost Center 2415 Project number 405534, SCORE Chatsworth Station Improvement Project.  Per the funding agreement, SCRRA will reimburse LACMTA for all property acquisition and legal costs. 

 

Impact to Budget

Sources of funds for the recommended action are a State Grant through the 2018 Transit and Intercity Rail Capital Program. This fund source is not eligible for bus or rail operations.

 

Equity_Platform

EQUITY PLATFORM

 

The Property Interests are required for the completion of the Project. The project will provide greater operational safety, decrease travel time, improve air quality, and access to the corridor, especially for workers and residents of Equity Focus Communities who commute to work along the corridor.

 

There are no displacements of residents or local businesses resulting from the acquisition of the Property Interests. An offer for the Property Interests was delivered to the Property Owners by letter dated July 24, 2024, based on appraisals 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.”  LACMTA staff has been negotiating with the Owner, but an agreement has not yet been reached.  Approving this action will allow staff to continue negotiations while maintaining the project schedule. 

 

Vehicle_Miles_Traveled_Outcome

VEHICLE MILES TRAVELED OUTCOME

 

VMT and VMT per capita in Los Angeles County are lower than national averages, the lowest in the SCAG region, and on the lower end of VMT per capita statewide, with these declining VMT trends due in part to Metro’s significant investment in rail and bus transit.*  Metro’s Board-adopted VMT reduction targets align with California’s statewide climate goals, including achieving carbon neutrality by 2045. To ensure continued progress, all Board items are assessed for their potential impact on VMT. 

 

As part of these ongoing efforts, this item is expected to contribute to further reductions in VMT. This item supports Metro’s systemwide strategy to reduce VMT through operational activities that will improve and further encourage transit ridership, ridesharing, and active transportation. Metro’s Board-adopted VMT reduction targets were designed to build on the success of existing investments, and this item aligns with those objectives.

 

* Based on population estimates from the United States Census and VMT estimates from Caltrans’ Highway Performance Monitoring System (HPMS) data between 2001-2019.

 

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. Goal 2: Deliver outstanding trip experiences for all users of the transportation system.

Goal 3: Enhance communities and lives through mobility and access to opportunity.

Goal 4: Transform LA County through regional collaboration and national leadership.

 

Alternatives_Considered

ALTERNATIVES CONSIDERED

 

The Board may choose not to approve the recommendation. This is not recommended as it would result in significant delays and cost increases for the Project.

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 Orders 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 pursuing the eminent domain process to preserve the project schedule.

Attachments

ATTACHMENTS

 

Attachment A - Staff Report

Attachment B-1 - Resolution of Necessity APN 2747-025-030

Attachment B-2 - Resolution of Necessity APN 2747-025-031

Attachment B-3 - Resolution of Necessity APN 2747-025-032

Attachment C - Motion # 5.1

 

Prepared_by

Prepared by:                      Craig Justesen, Executive Officer, Real Estate, (213) 922-7051

Holly Rockwell, Senior Executive Officer, Countywide Planning & Development, (213) 547-4325

Nicole Ferrara, Deputy Chief Planning Officer, (213) 547-4322

 

Reviewed_By

Reviewed by:                      Ray Sosa, Chief Planning Officer, (213) 922-2920