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 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.

Sec. 6. The City has taken reasonable efforts to acquire the property and improvements by negotiation, but has been unsuccessfuL.

., Description Approved:

(//:James R. O'Camb, Senior Title Examiner Reginald Byron Jones-Sawyer, Sr., Director Asset Management Division General Services Department ,A. Sec. 7. 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 at the Main Street entrance to the ; one copy on the bulletin board located at the Main Street entrance to the Los Angeles City Hall East; 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. DEL

By PETER E. LANG ELD Deputy City Attorney

Date January 19, 2007

File No03-0063-S5 EXHIBIT "A" (Page 1 of 3)

LEGAL DESCRIPTION

PARCEL 1: (Ownership held as "M. Rosen, a married man")

A PARCEL OF LAND IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINING AT THE MOST NORTHERLY CORNER OF LOT "A" OF TRACT NO. 942, AS SHOWN ON THE MA, RECORDED IN BOOK 16 PAGE 160 OF MAS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG MAIN STREET NORTH 37° aI' EAST 53.26 FEET TO AN ANGLE POINT IN THE SOUTHEASTERLY LINE OF SAID STRET; THENCE ALONG MAIN STREET NORTH 37° 56' 05" EAST 20.61 FEET TO THE INTERSECTION OF THE SOUTHEASTERLY LINE OF MAIN STREET WITH THE CENTER LINE OF THE PARTY WALL ESTABLISHED BY THE AGREEMENT RECORDED IN BOOK 1034 PAGE 28 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID CENTER LINE AND ITS PROLONGATION SOUTH 52° 28' 25" EAST 183.54 FEET TO THE NORTHWESTERLY LINE OF WERDIN PLACE AS CONDEMNED FOR ALLEY PUROSES BY DECREE IN CASE NO. 38192 SUPERIOR COURT OF SAID COUNTY, A CERTIFIED COPY OF SAID DECREE BEING RECORDED IN BOOK 1783 PAGE 12 OF SAID DEED RECORDS; THENCE ALONG SAID WERDIN PLACE SOUTH 31° 35' 15" WEST 69.10 FEET TO THE MOST EASTERLY CORNER OF SAID LOT "A" OF TRACT NO. 942; THENCE ALONG THE NORTHEASTERLY LINE OF SAID TRACT NORTH 53° 56' 33" WEST 110.44 FEET TO AN ANGLE POINT AND NORTH 54° 08' 00" WEST 80.00 FEET TO THE POINT OF BEGINING.

PARCEL 2: (Ownership held as "Rosen Realty Corp., a California Corporation")

THAT PORTION OF THE HEREINAFTER DESCRIED PARCEL OF LAND, IN THE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, LYING SOUTHERLY OF A LINE EXTENDING EASTERLY IN A DIRCT LINE FROM A POINT IN THE WESTERLY LINE OF SAID PARCEL OF LAND MIDWAY BETWEEN THE NORTHWEST CORNER AND THE SOUTHWEST CORNER THEREOF, TO A POINT IN THE EASTERLY LINE OF SAID PARCEL OF LAND MIDWAY BETWEEN THE NORTHEAST CORNER AND THE SOUTHEAST CORNER THEREOF, SAID ENTIR PARCEL OF LAND BEING DESCRIED AS FOLLOWS

BEGINING AT A POINT IN THE EAST LIN OF MAIN STRET DISTANT NORTHERLY ALONG SAID STREET 328.25 FEET MORE OR LESS FROM THE NORTHEAST CORNER OF MAIN AND THIRD STREETS, SAID POINT OF BEGINING BEING THE NORTHWEST CORNER OF THE LOT FORMERLY OWNED BY HARS NEWMAR; THENCE NORTHERLY ALONG THE EAST LINE OF MAIN STREET, 60 FEET; THENCE EASTERLY PARLLEL WITH THE NORTHERLY LINE OF SAID LOT OF NEWMRK 176.16 FEET MORE OR LESS TO THE WEST LINE OF AN ALLEY, THENCE SOUTHERLY ALONG THE SAME 60.40 FEET MORE OR LESS TO THE NORTHERLY LINE OF SAID LOT OF NEWMRK; THENCE ALONG THE SAME WESTERLY 182.70 FEET MORE OR LESS TO THE POINT OF BEGINING.

PARCEL 3: (Ownership held as "R & R Real Properties, Inc., a California Corporation")

ALL THAT PORTION OF THE HEREINAFTER DESCRIED PARCEL OF LAND LYING NORTHERLY OF A LINE EXTENDING FROM A POINT IN THE WESTERLY LINE OF SAID PARCEL OF LAND MIDWAY BETWEEN THE NORTHWEST CORNER AND THE SOUTHWEST CORNER THEREOF AND EXTENDING THENCE EASTERLY IN A DIRCT LINE TO A POINT IN THE EASTERLY LINE OF SAID PARCEL OF LAD MIDWAY BETWEEN THE NORTHEAST CORNER. AND THE SOUTHEAST CORNER THEREOF; SAID ENTIRE PARCEL OF LAND BEING DESCRIBED AS FOLLOWS:

CLTA Preliminary Report Form (Rev 1/1/95) EXHIBIT "A" (Page 2 of 3~

LEGAL DESCRIPTION (continued)

BEGINING AT A POINT IN THE EAST LINE OF MAIN STRET, DISTANT NORTHERLY ALONG SAID STREET, 328.25 FEET, MORE OR LESS, FROM THE NORTHEAST CORNER OF MAIN AND THIR STREETS, SAID POINT OF BEGINING BEING THE NORTHWEST CORNER OF LOT FORMERLY OWNED BY HARRIS NEWM; THENCE NORTHERLY ALONG THE EAST LINE OF MAIN STREET, 60 FEET; THENCE EASTERLY PARLEL WITH THE NORTHERLY LINE OF SAID LOT OF NEWMAR, 176.16 FEET, MORE OR LESS, TO THE WEST LINE OF AN ALLEY; THENCE SOUTHERY ALONG THE SAME, 60.40 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF SAID LOT OF NEWM; THENCE ALONG THE SAME WESTERLY 182.79 FEET, MORE OR LESS, TO THE POINT OF BEGINING.

PARCEL 4: (Ownership held as "Morris Rosen, a married man")

A PARCEL OF LAND IN TIlE CITY OF LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIED AS FOLLOWS:

BEGINING AT A POINT IN THE EAST LIN OF MAIN STREET, DISTANT NORTHERLY ALONG SAID STREET LINE 388.25 FEET, MORE OR LESS, FROM THE NORTHEAST CORNER OF MAIN AND THIRD STREETS, SAID POINT OF BEGINING BEING THE NORTHWEST CORNER OF THE LOT CONVEYED TO FREDERICK EATON BY DEED RECORDED IN BOOK 178 PAGE 284 OF DEEDS, RECORDS OF SAID COUNTY; THENCE NORTHERLY ALONG THE EAST LINE OF MAIN STREET 47 FEET 5 INCHES, MORE OR LESS, TO THE CENTER OF THE 17 INCH PART WALL REFERRD TO IN PARTY WALL AGREEMENT RECORDED IN BOOK 1115 PAGE 245 OF SAID DEED RECORDS; THENCE EASTERLY ALONG THE CENTER LINE OF SAID WALL AND THE EXTENSION OF SAME, 170.81 FEET, MORE OR LESS, TO THE WEST LINE OF AN ALLEY; THENCE SOUTHERLY ALONG SAID LINE OF SAID ALLEY 47 FEET 5 INCHES, MORE OR LESS, TO THE NORTHEASTERLY CORNER OF LOT CONVYED TO FREDERICK EATON AS AFORESAID; AND THENCE WESTERLY ALONG THE NORTHERLY LINE OF THE LOT SO CONVEYED TO SAID EATON, 176.16 FEET, MORE OR LESS, TO THE POINT OF BEGINING.

END OF LEGAL DESCRITION

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Privacy Statement

http://offce.microsoft.com/assistance/hfws.aspx? AssetID~HP05230226 i 033&CTT=1 &Ori... 1/3/2007 COUNT);LIrLliD ;ITY OF LOS ANGELES CITY CLERK'S USE OFFICE OF THE CITY CLERK ROOM 395, CITY HALL LOS ANGELES, CALIFORNIA 90012 CALIFORNIA ENVIRONMENTAL QUALITY ACT OTICE OF DETERMINATION Article I Cil CEOA Guidelines

Public Resources Code Section 21152(a) requires local agencies to submit this information to the County Clerk. The filing of this notice starts a 30-òay statute of limitations on court challenges to the approval of the project pursuant to Public Resources Code Section 21167.

LEAD CITY AGENCY AND ADDRESS: COUNCIL DISTRICT: Department of Public Works, Bureau of Engineering 9 1149 South Broadway, Suile 600, Los Angeles, CA 90015 PROJECT TITLE: (Including its common name, if any) CASE NO.: CF: 03-0063-55 POLICE HEADQUARTERS FACILITY PLAN (W.O. #E170910B) BE: 004-05 & 007-06 PROJECT DESCRIPTION AND LOCATION: The project will construct a new, 12-story, 500,000 gross square-foot (It) police headquarters facility (PHF) with underground parking for the Los Angeles Police Department (LAPD) on the block bounded by 1" Street. Main Street. 2"' Street, and Spring Street; an off-site parking structure with six above grade levels and up to 800 parking spaces for the new PHF and two below grade levels and 140 parking spaces for public use located mid-block south of 2'" Street, between Main Street and ; a new 28,000 ft' facility for the LAPD's Motor Transport Division (MTD) located on the ground level of the off- site parking structure for the new PHF; and an underground public parking structure with two levels and 300 parking spaces and an above grade public plaza at the northwest corner of 1" Street and Judge John Aiso Street. As a future related project, a two-story, 60,000 gross It recreation center will be constructed along Los Angeles Street south of 2'" Street where new public parking will be added. Construction of the project will occur from year-end 2006 to early 2009 and wil! include demolition of existing on-site buildings and structures, property acquisitions, and business relocations. The prOJect will cause significant environmental Impacts related to air quality. cultural resources, noise and vibration, and traffic Most of ti18se impacts will occur during construction. With the implementation of feasible mitigation measures, impacts will be reduced to a less-than-significant leveL. However, significant and unavoidable adverse impacts related to air quality and vibration during construction and Ion -term traffc will remain. CONTACT PERSON: STATE CLEARINGHOUSE NUMBER: TELEPHONE: Lisa Ochsner, Environmental Supervisor I 2005021055 (213) 485-5755 This is to advise that on May 19, 2006, the Los Angeles City Council approved the project described above and made the following determinations:

SIGNIFICANT r2 The project will have a significant effect on the environment EFFECT 0 The project will not have a significant effect on the environment

ENVIRONMENTAL ø An Environmental Impact Report was prepared for the project and may be examined at the Office IMPACT REPORT of the City Clerk. 0 An Environmentallm act Re ort was not re ared for the pro'ect. Mitigation measures were made a condition of project approval and a mitigation monitoring plan MITIGATION ø was adopted for this project MEASURES 0 Miti ation measures were not made a condition of ro'ect a roval. A Statement of Overriding Considerations was adopted. OVERRIDING ø A Statement of Overriding Considerations was not adopted. CONSIDERATION 0 0 A Statement of Overriding Considerations was not required.

FINDINGS ø Findings were made and adopted pursuant to the provisions of CEQA 0 Findings were not made pursuant to the provisions of CEQA. , SIGNATURE: ¡ ¡;!, /\! DATE: , ,!í\:,/ ,r:~;~-2 2.- Ara J. Kasparian, Ph.D. ,..~,.- ,,'! '-..\i \1 1 ! DISTRIBUTION: Part 1 - County Clerk Part 2 "City Clerk Part 3 - Agency Record Part 4.. Responsible Agency

Form Gen. 156 (6/91) (Appendix 0)

.( .~"" ;y CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding

Project Title/Location (include county):

Title: Police Headquarters Facility Plan Location: Three non-contiguous areas in the downtown Civic Center as follows: 1) the block bounded by 1 st Street, Main Street, 2nd Street, and Spring Street; 2) the central portion of the block bounded by 2nd Street, Los Angeles Street, 3rd Street, and Main Street; 3) and the northwest corner of Judge John Aiso Street and 1 st Street within the City of Los Angeles, County of Los Angeles.

Project Description:

The project will construct a new, 12-story, 500,000 gross square-foot (fe) police headquarters facility (PHF) with underground parking for the Los Angeles Police Department (LAPD) on the block bounded by 1 'i Street, Main Street, 2'" Street, and Spring Street; an off-site parking structure with six above grade levels and up to 800 parking spaces for the new PHF and two below grade levels and 140 parking spaces for public use located mid-block south of 2'" Street, between Main Street and Los Angeles Street; a new 28,000 ft2 facility for the LAPD's Motor Transport Division (MTD) located on the ground level of the off-site parking structure for the new PHF; and an underground public parking structure with two levels and 300 parking spaces and an above grade public plaza at the northwest corner of 1 st Street and Judge John Aiso Street. As a future related project, a two-sto;l, 60,000 gross ft2 recreation center will be constructed along Los Angeles Street south of 2" Street where new public parking will be added Construction of the project will occur from year-end 2006 to early 2009 and will include demolition of existing on-site buildings and structures, property acquisitions, and business relocations. The project will cause significant environmental impacts related to air quality, cultural resources, noise and vibration, and traffic. Most of these impacts will occur during construction. With the implementation of feasible mitigation measures, impacts will be reduced to a less-than-significant leveL. However, significant and unavoidable adverse impacts related to air quality and vibration during construction and long-term traffic will remain

Findings of Exemption (attach as necessary):

An Environmental Impact Report was prepared by the Lead Agency to evaluate the potential for adverse environmental impacts. The Lead Agency found no evidence that the project will have an adverse effect on wildlife resources.

Certification: i hereby certify that the public agency has made the above finding and that the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. .

, By i ,,,....' Linda Moore for Ara J. Kasparian, Ph.D., Manager Environmental Management Group Bureau of Engineering City of Los Angeles, Public Works Department Date: May 22, 2006