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CPY Document OFFICE OF THE CITY ATTORNEY ROCKARD J. DELGADILLO CITY ATTORNEY REPORT NO. R 0 7 - 0 0 1 7 .I 1 6 2007 REPORT RE: DRAFT ORDINANCE FINDING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF PROPERTY AND IMPROVEMENTS LOCATED AT 250 SOUTH MAIN STREET, TO BE USED BY THE POLICE HEADQUARTERS FACILITY - LAPD PARKING & MOTOR TRANSPORT DIVISION (COUNCIL DISTRICT 9) (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 Council File Number 03-0063-S5 Honorable Members: Pursuant to a request by the Los Angeles Police Department, this office transmits, approved as to form and legality, a draft ordinance authorizing the condemnation of real property located at 250 South Main Street, Los Angeles, to be used to provide police parking and vehicle maintenance services to the LAPD Police Headquarters Facility. The draft ordinance is attached as Exhibit A The real property to be condemned contains four parcels with a combined area of 32,71 0 square feet. The property is improved by a parking lot, a small food stand, which is now closed, and a single-story commercial building occupied by an art gallery. The four parcels are identified as Assessor's Parcel Numbers 5161-026-017,5161-026- 018,5161-026-019, and 5161-026-020. AN EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER 200 NORTH MAIN STREET. LOS ANGELES, CA 90012-4 ¡ 31 . 2 ¡ 3.978.81 00 . 213.978.8310 TOO ~-("-;:'" ~ The Honorable City Council of the City of Los Angeles Page 2 Backqround The Los Angeles Police Department Parker Center facility was built in 1955, and currently operates as LAPD's administrative headquarters. This facility is overcrowded, obsolete and in disrepair. These conditions impede efficient operations and community access, as well as negatively affect workforce morale. This facility has deteriorated to the point where the cost required to permanently fix the existing conditions far exceeds available resources and would constitute an inefficient use of public funds. Hence the Parker Center needs to be replaced. The project involves the design and construction of a new, 11-story Police Headquarters Facility of approximately 500,000 square feet, as approved by the City Council in June 2004. The project also includes the construction of an 800-space LAPD parking structure and a 28,000 square-foot Motor Transport Division facility that includes an LAPD vehicle repair shop, car wash, and a fuel island. The LAPD parking structure and Motor Transport Division facility will be located on these, and adjoining parcels on Main and Los Angeles Streets, between 2nd and 3rd Streets. The structures will be located south of Saint Vibiana's Cathedral and the new Little Tokyo Library. California Environmental Quality Act (CEQA) Public Works Staff prepared an Environmental Impact Report (EIR) describing the potential impacts of the project for which the condemnation ordinance is necessary. The Council certified the Final EIR and approved the project on May 19,2006. The Final EIR is contained in this Council File. Public Works Staff has advised this office that no additional CEQA clearance is required at this time because neither the project nor the circumstances surrounding it have changed such that the provisions of State CEQA Guidelines § 15162 would require additional environmental review. If you agree, you should make an environmental finding to this effect prior to approving this ordinance. The Notice of Determination is attached as Exhibit B. Consistency With The General Plan The Police Headquarters Facility Plan Project, which includes the construction of the Main Street Parking Facility and Motor Transport Division facility, was found to be consistent with the City's General Plan. This finding is documented in the Draft Environmental Impact Report for the Police Headquarters Facility Plan Project dated October 2005. As referenced in Section 3.9 of the Draft Environmental Impact Report, the parking and repair facilities were found to be consistent with the General Plan for the following reasons: 1. They are compatible with commercial zoning and land use designation of the site, as identified in the Central City Community Plan of the General Plan; and The Honorable City Council of the City of Los Angeles Page 3 2. They are consistent with goals of applicable plans, including the General Plan, which recognize the need for upgrading and replacing deficient public safety facilities so that adequate police protection services are maintained for the City. The parking and repair facilities were also found to be consistent with the City Center Redevelopment Plan, which identifies mixed development of residential, commercial, office, cultural, recreational, entertainment, and institutional uses. Compliance With Council Rule 38 A copy of the ordinance has been reviewed by and discussed with the Department of Public Works, Bureau of Engineering staff, pursuant to Council Rule 38. Their comments have been incorporated or satisfactorily resolved. Notice And Opportunity To Be Heard The draft ordinance provides that each person whose property is to be acquired has received notice of the intention of the City Council to adopt the draft ordinance and that each person was given an opportunity to appear and be heard. Pursuant to Code of Civil Procedure §1245.235, it is necessary that the Council set a date for the hearing; that the Clerk give at least 15 days notice of the date for the hearing to each person whose property is to be acquired; and that City Council grant each of these persons the opportunity to appear and be heard. This office further recommends that it be given the authority to make a deposit of probable just compensation, as determined by an independent appraiser. The deposit amount will be obtained from Fund Number 298/50, "Police Headquarters Office Building," and will be used to acquire pre-judgment possession of the property and improvements. Recommended Actions In accordance with the above, this office recommends that the Council take the following actions after conducting a public hearing: 1. Find that the Final Environmental Impact Report adequately describes the potential impacts of the project and no additional environmental clearance is necessary; 2. Find that no additional environmental review is necessary under CEQA Guidelines § 15162 in connection with the adoption of the proposed ordinance; The Honorable City Council of the City of Los Angeles Page 4 3. Adopt the ordinance authorizing the condemnation of the property and improvements located at 250 South Main Street, Los Angeles; 4. Direct staff to take all action necessary to authorize payment for this acquisition from Fund Number 298/50, "Police Headquarters Office Building; 5. Authorize the City Attorney's Office to make the necessary deposit of probable just compensation and seek an order from the Court to obtain pre-judgment possession of the property; and 6. Authorize the Department of General Services to continue attempting to acquire title to the property in fee simple absolute through a negotiated purchase and, if successful, to execute all documents necessary to accomplish the transfer of this interest to the City. Should you require any further information or have any questions, you may contact Mr. Peter E. Langsfeld, Deputy City Attorney, Real Property and Environmental Division, at (213) 978-8195 He or another member of our staff will be available when you consider this matter. Sincerely, ROCKARD J. DELGADILLO, City Attorney By: ~~;~u~~~~ Special Counsel - Municipal CC/PEUp Attachments: Proposed Ordinance Notice of Determination ORDINANCE NO. An Ordinance of the City of Los Angeles finding that the public interest and necessity require the condemnation of property and improvements located at 250 South Main Street, Los Angeles, for the LAPD Police Headquarters Facility-Motor Transport Division and Main Street Parking Project, a public use. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. The Council of the City of Los Angeles resolves, finds, and determines that the public interest and necessity require the condemnation of property located at 250 South Main Street, Los Angeles, for the Los Angeles Police Department (LAPD) Police Headquarters Facility-Motor Transport Division and Main Street Parking Project; that the project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; that the property described in this ordinance is necessary for the project; and that an offer required by Government Code §7267.2 has been made to the owners of record. Sec. 2. The property is to be acquired for public purposes under the authority of the California Constitution, Article 1, §1 9; Government Code §37350.5; and Code of Civil Procedure §§1240.010 through 1240.050. Sec. 3. The property to be acquired is located in the City of Los Angeles, County of Los Angeles, State of California. The interests to be acquired is title in fee simple absolute to property and improvements fully described and depicted in a map in Exhibit A to this ordinance. The property is also identified as Assessor's Parcel Numbers 5161-026-017,5161-026-018,5161-026-019, and 5161-026-020. Sec. 4. At least 15 days written notice has been given by first class mail to each person whose property is to be acquired by eminent domain. The notice advised each of these persons of the intent of the Council to adopt this ordinance and of the right to appear and be heard by the CounciL. Each owner who so requested was given an opportunity to appear and be heard by the CounciL. Sec. 5. The City Attorney is authorized to commence an action in eminent domain to acquire the property and improvements. The City Attorney is also authorized to obtain the necessary court order granting the City possession prior to judgment.
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