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CPY Document OFFICE OF THE CITY ATTORNEY ROCKARD J. DELGADILLO CITY ATTORNEY REPORT NO. R g 7 9 2 1-! JU f 2 2007 REPORT RE: DRAFT OF ORDINANCE FINDING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF PERMANENT STREET EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT LOCATED AT 5200-5216 ARBOR VITAE STREET - COUNCIL DISTRICT NO. 11 "ARBOR VITAE STREET WIDENING PROJECT" (NOTICE AND OPPORTUNITY FOR HEARING REQUIRED) The Honorable City Council of the City of Los Angeles Room 395, City Hall 200 North Spring Street Los Angeles, California 90012 Honorable Members: Pursuant to the request of the Survey Division of the Bureau of Engineering, this office transmits, approved as to form and legality, a draft of an ordinance authorizing the condemnation of a permanent street easement and a temporary construction easement for the Arbor Vitae Street Widening Project (Project). The easements sought to be condemned are located at 5200-5216 Arbor Vitae Street, in Council District 11. The subject site is currently improved with two detached commercial retail buildings. The City's Department of Transportation (LADOT) proposed widening Arbor Vitae Street from La Cienega Boulevard to Airport Boulevard from its current width of 66 feet to no less than 76 feet to help ease congestion near the airport. In order to complete the Project, the City will need to acquire both a temporary construction easement and a permanent street easement from the subject property, which is located on the southwest corner of Arbor Vitae Street and La Cienega Boulevard. The temporary construction easement is for storing tools and equipment over a 210 square foot area for the duration of construction of the Project (estimated to last approximately nine months.) The permanent street easement consists of a nine- AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER 200 NORTH MAIN STREET. LOS ANGELES, CA 900 12-4131 . 213.978.8100 . 213.978.8310 TOO ::-(,::;,~E ~ The Honorable City Coun¡.l( of the City of Los Angeles Page 2 foot wide strip that covers the entire 233 foot northern boundary of the property, with a total area of 2,210 square feet. The area where the permanent easement is located currently has a private walkway. The existing buildings on the subject property will not be affected by the easement. The appraisal report prepared by the Bureau of Engineering concluded that the total value of the easements, the improvements taken (concrete walkway and asphalt driveway), and the cost to relocate a floodlight post is $95,000. The City offered to purchase the easements in September of 2006, for $95,000, but the property owners have so far refused to negotiate with the City.' Charter Findinqs City Charter Section 556, applicable to ordinances to acquire public rights-of- away under Charter Section 558(a)(5), requires the City Planning Commission and Council to find that its action is consistent with the General Plan. As permitted by City Charter Section 559, the Director of City Planning, on behalf of the City Planning Commission, has determined that the Project is in substantial conformance with the purposes, intent, and provisions of the City's General Plan and the Los Angeles International Airport Community Plan. The Council may comply with Charter Section 556 by adopting these findings or by making its own findings. A copy of the Planning Department report containing these findings is attached. California Environmental Qualitv Act (CEQA) The Bureau of Engineering has determined that the project for which this property is to be acquired is categorically exempt from CEQA under Article III, Section 1, a, 20 of the City of Los Angeles CEQA Guidelines (Class 1 - Existing Facilities- modernization of an existing highway, street, etc., by construction of improvements where no extensive tree removal is involved). A copy of that determination is attached If you agree, you should make a finding to that effect prior to adopting the ordinance, and should direct staff to file a notice of exemption, as permitted by CEQA Notice And Opportunitv To Be Heard Code of Civil Procedure Section 1245.235 requires the Council to give the property owners notice of the Council's intention to adopt the subject ordinance as well as an opportunity to be heard. Therefore, the City must set a date for a hearing and permit the owner or a representative the opportunity to appear and be heard. i The property owners have been separately negotiating for several years with Los Angeles World Airports (LAWA) for LAWA to purchase their property, and have refused to negotiate with the City; meanwhile, negotiations with LAWA are ongoing. The Honorable City COUnGl1 of the City of Los Angeles Page 3 Council Rule 38 Referral Pursuant to Council Rule 38, the draft ordinance was sent to the Department of Public Works, which had no comments. It is therefore recommended that Council take the following actions: 1. Specify that the record of proceedings relating to the environmental clearance for this matter is located at the offices of the Bureau of Engineering, 1149 S. Broadway, Sixth floor, Los Angeles, California 90015; 2. Adopt the Director of City Planning's charter findings; 3. Find that approval of the ordinance is categorically exempt from CEQA under Los Angeles City CEQA Guidelines Article IIi, section 1, a, 20; 4. Adopt the attached ordinance authorizing condemnation; 5. Direct staff to prepare and file a Notice of Exemption; 6 Authorize this office to acquire the subject property via condemnation, including making a deposit of $95,000, and obtaining an order for immediate possession prior to trial; and 7. Authorize the payment of the deposit in the amount of $95,000 to be paid from the Transportation Grants Program from Account V708, Fund 655, Department 94. Should you request any further information or have any questions, you may contact Michael Kaplan, Deputy City Attorney, Real Property/Environment Division at (213) 978-8226. Either he or another of this office will be present when Council considers this matter. Sincerely, ROCKARD J. DELGADILLO. City Attorney By ~~' CLAUDIA CULLING j Special Counsel - Municipal MSK:gz Transmittal MIReal Prop_Env_Land UselReal ProperiLEnvironmentlMichael Kaplan\Arbor Vitae\Ltr2Council-final. doc ORDINANCE NO. An Ordinance of the City of Los Angeles finding that the public interest and necessity require the "Arbor Vitae Street Widening from La Cienega Boulevard to Airport Boulevard Project, and the acquisition of property therefor. (Work Order No. E6000885, Right of Way No. 33495). THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section. i. The Council of the City of Los Angeles resolves, finds and determines that the public interest and necessity require the "Arbor Vitae Street Widening from La Cienega Boulevard to Airport Boulevard Project"(Work Order No. E6000885, Right of Way No. 33495); the project is planned and located in the manner which is most compatible with the greatest public good and the least private injury, and the properties described herein are necessary for the project; and the properties have been appraised and an amount has been established for each property which it is believed to be just compensation for the property, and an offer has been made to the owner or owners of record to acquire the property for the full amount of said just compensation. Sec. 2. The properties are to be acquired for permanent public street and temporary construction purposes under the authority of California Government Code Section 37350.5. Sec. 3. The properties to be acquired are located in the City of Los Angeles, County of Los Angeles, State of California. The properties interests to be acquired are set forth hereinafter and the extent of each acquisition is described by reference to the attached R/ Map No. 33495. Permanent Public Street Easement Parcel No. IA APN 4128-004-002 & 035, Exhibit A Temporary Construction Easement Parcel No. I TC APN 4128-004-035, Exhibit B Sec. 4. Notice has been given by first elass mail to each person whose property is to be acquired by eminent domain, which notice advised each such person of the intent of the Council to adopt this Ordinance, of the right to appear and be heard by the Councii, and each owner who so requested was given an opportunity to appear and was heard by the CounciL. Sec. 5. The City Attorney is authorized to commence an action in eminent domain to acquire said property. Sec. 6. The City Clerk shall certifY to the passage of this ordinance and have it published in accordance with Council policy, either in a daily newspaper circulated in the City of Los Angeles or by posting for ten days in three public places in the City of Los Angeles: one copy on the bulletin board located in the Main Street lobby to the City Hall; one copy on the bulletin board located at the ground level at the Los Angeles Street entrance to the Los Angeles Police Department; and one copy on the bulletin board located at the Temple Street entrance to the Los Angeles County Hall of Records. I hereby certifY that this ordinance was passed by the Council of the City of Los Angeles, by a vote of not less than two-thirds of all of its members, at its meeting of FRANK T. MARTINEZ, City Clerk By Deputy Approved Mayor Approved as to Form and Legality ROCKARD J. DELGADILLO, City Attorney By Deputy City Atto DATE: 0) !\I()l File No. Description Approved Gary Lee Moore, City Engineer By: Date: /7.!/q/lJ& nROW\W33283 EXHIBIT A Street Easement R/ 33495-1A W. O. E6000885 D. M. 93B169 93B 173 Those portions of Lot 1 of the North-half of
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