Share to Facebook Share to Twitter Bookmark and Share
File #: 2017-0039   
Type: Policy Status: Agenda Ready
File created: 1/18/2017 In control: Board of Directors - Regular Board Meeting
On agenda: 2/23/2017 Final action:
Title: CONSIDER: A. HOLDING a public hearing on the proposed Resolution of Necessity. B. ADOPTING a Resolution of Necessity authorizing the commencement of an eminent domain action to acquire a portion of APN: 6009-029-059 in fee simple, an area of 211 sq. ft. on private property located at 1725 E. Florence Avenue, Los Angeles, CA. (REQUIRES TWO-THIRDS VOTE)
Sponsors: Finance, Budget and Audit Committee
Indexes: Budgeting, California Environmental Quality Act, Construction, Eminent domain, Mbl Pedestrian Safety Enhancements At Grade Crossings (Project), Metro Blue Line, Pedestrians, Policy, Private property, Project, Property acquisition, Proposition C, Resolution
Attachments: 1. Attachment A- Property Information, 2. Attachment B- Staff Report, 3. Attachment C- Resolution of Necessity

Meeting_Body

REVISED

REGULAR BOARD MEETING

FEBRUARY 23, 2017

 

Subject/Action

SUBJECT:                     METRO BLUE LINE PEDESTRIAN SWING GATE PROJECT

 

ACTION:                     ADOPT RESOLUTION OF NECESSITY TO ACQUIRE A PORTION OF THE PROPERTY LOCATED AT 1725 E. FLORENCE AVENUE, LOS ANGELES, CA, APN: 6009-029-059

 

Heading

RECOMMENDATION

 

Title

CONSIDER:

 

A.                     HOLDING a public hearing on the proposed Resolution of Necessity.

 

B.                     ADOPTING a Resolution of Necessity authorizing the commencement of an eminent domain action to acquire a portion of APN: 6009-029-059 in fee simple, an area of 211 sq. ft. on private property located at 1725 E. Florence Avenue, Los Angeles, CA. 

 

(REQUIRES TWO-THIRDS VOTE)

 

Discussion

BACKGROUND

 

Acquisition of a portion of Parcel No. 6009-029-059 (“Property” - See Attachment “A”) is required for the construction of the Metro Blue Line Pedestrian Swing Gate Project (“Project”). A written offer was presented to the owner of record, El Dorado Capital, Inc. (“Owner”) as was required by California Government Code Section 7267.2. To date, staff has been unable to reach an agreement with the property owner due to Owner’s nonresponsiveness. This portion is necessary for construction of the Project; therefore, staff recommends the acquisition of this portion through eminent domain to maintain the Project schedule.

 

In accordance with the provisions of the California Eminent Domain law and sections 30503, 130220.5., and 132610 of the Public Utilities Code (which authorize the public acquisition of private property by eminent domain) the Metropolitan Transportation Authority (“Metro”) has prepared and mailed a notice of this hearing to the property owner of record informing him of his 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: and (5) that any environmental review of the Project, as may be necessary, pursuant to the California Environmental Quality Act (CEQA) has occurred.

 

Attached is the Staff Report setting forth the required findings for acquiring the Property through the use of eminent domain (Attachment “B”).  After the Metro Board receives all of the testimony and other evidence from all interested parties, the Metro Board must make a determination as to whether to adopt the proposed Resolution of Necessity (Attachment “C”) to acquire the Property by eminent domain.  In order to adopt the resolution, the Metro Board must find and determine, based upon all the evidence before it and by a two-thirds vote of all the members of its governing body that the conditions stated above exist.

 

Determination_Of_Safety_Impact

DETERMINATION OF SAFETY IMPACT

 

This Board action will not have an impact on Metro’s safety standards.

 

Financial_Impact

FINANCIAL IMPACT

 

The funding for the acquisition of the Property is included in the approved FY 17 Project budget under Proposition C 25% cash and Proposition C 25% bond  for the Metro Blue Pedestrian Swing Gate Project in Cost Center  205104, and Account Number 8510 (Acquisition of Land). 

                     

Impact to Budget

                      

The approved FY 17 budget is designated for the Metro Blue Line Pedestrian Swing Gate Project and does not have an impact on operations funding sources.   This Project is eligible for Proposition C funding as allocated above.  No other funds were considered.

 

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 property interest 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 - Property Information

Attachment B - Staff Report

Attachment C - Resolution of Necessity

 

Prepared_by

Prepared by:                      Carol A. Chiodo, Director of Real Property Management & Development, (213) 922-2415

Cal Hollis, SEO, Countywide Planning & Development, (213) 922-7319

                     

Reviewed_By

Reviewed by:                      Therese W. McMillan, Chief Planning Officer, (213) 922-7077