Meeting_Body
REGULAR BOARD MEETING
AUGUST 27, 2020
Subject
SUBJECT: ROSECRANS/MARQUARDT GRADE SEPARATION PROJECT
Action
ACTION: ADOPT RESOLUTION OF NECESSITY TO ACQUIRE
PROPERTY RM-17
Heading
RECOMMENDATION
Title
CONSIDER:
A. Holding a hearing on the proposed Resolution of Necessity; and
B. Adopting a Resolution of Necessity authorizing the commencement of an eminent domain action to acquire a Utility Overhang Easement and a 54-month Temporary Construction Easement from the property identified as Parcel RM-17 (APN: 8059-029-036; formerly 8059-029-006 and 8059-029-007). The property listed above is herein referred to as the “Property”.
REQUIRES 2/3 VOTE
Background
BACKGROUND
The acquisition of the Property is 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.
A written offer to purchase the Property was delivered to the Owners of Record (“Owner”) of the Property, as required by California Government Code Section 7267.2. The Owner has 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 Property is necessary for construction of the Project, staff recommends the acquisition of the Property 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 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 good and the least private injury; (3) whether their respective 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) 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 Resolution of Necessity to acquire the Property by eminent domain. In order to adopt the Resolution, 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 Resolution that has been approved by counsel, which sets 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 Overhead Utility Easement and 54-month Temporary Construction Easement is included in the Fiscal Year 2021 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 FY 2021 budget is designated for the Rosecrans Marquardt Grade Separation Project and is funded with Measure R 20% Highway Capital Funds. The FY 2021 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 LACMTA 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 additional mobility.
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 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 - Staff Report
Attachment B - Resolution of Necessity
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
