Water and Power Conservation ... a Way of Life

ANTONIO R. VILLARAIGOSA Commission H. DAVID NAIW, M"Y"' EDITH RAMIREZ, Vice President ChiefExeculive Officer and General Manager LEE KANON ALPERT WALLY KNOX FORESCEE HOGAN-ROWLES BARBARA E. MOSCHOS, Secretary

March 18, 2009

The Honorable City Council City of Los Angeles Room 395, City Hall Los Angeles, California 90012

Dear Members:

Subject: Acquisition of Real Property by Eminent Domain

Pursuant to Charter Section 675(d)(1 ), enclosed for approval by your Honorable Body is Resolution No. 009-196, adopted by the Board of Water and Power Commissioners (Board) on March 17, 2009, approved as to form and legality by the City Attorney, which authorizes acquisition, by eminent domain, of real property located north of Forest Lawn Drive, west of Zoo Drive, and along the south side of the Ventura Freeway for the Silver Lake Reservoir Complex Storage Replacement Project. As directed by the Board, transmitted to you are supporting documents.

If there are any questions regarding this item, please contact Ms. Winifred Yancy, DWP Council Liaison at (213) 367-0025, or Mr. Reynan L. Ledesma at (213) 367- 0585.

Sincerely,

Barbara E. Moschos Board Secretary

• BEM:bj Enclosures: DWP Resolution Board Letter CAOReport

(Ordinance transmitted under separate cover)

Water and Power Conservation ... a way of life 111 North Hope Street, Los Angeles, California 90012-2607 Mailing address: Box 51111, Los Angeles 90051-5700 Telephone: (213) 367-4211 Cable address: DEWAPOLA ~ Recydatle and made from recycled wasle. !.CJ¢' c/enc: Mayor Antonio Villaraigosa Ms. Jan C. Perry, Chair, Energy and the Environment Committee Mr. Gerry F. Miller, Chief Legislative Analyst Mr. Raymond P. Ciranna, Interim City Administrative Officer Mr. Rafael Prieto, Legislative Analyst, CLA Mr. William R. Koenig, Chief Administrative Analyst Ms. Winifred Yancy Mr. Reynan L. Ledesma be: H. David Nahai City Attorney's Office w/o enc. (2) Board File W-77962 RESOLUTION (Acquisition of Real Property by Eminent Doman for the Silver Lake Reservoir Complex Storage Replacement Project)

WHEREAS, the Property is a portion of unimproved land located in the City of Burbank, California, Los Angeles County Tax Assessor No. 5581-001-001, and is described in Exhibit A (Subject Property) is necessary and required for the Silver Lake Reservoir Complex Storage Replacement Project; a public project for the storage and distribution of potable water to the residents of the City of Los Angeles (Project);

WHEREAS, an offer under Government Code §7267.2 has been made to the property owners on June 20, 2008; the offer was the fair market value of $9,000.00 and the owners did not respond. Therefore the Los Angeles Department of Water and Power has been unable to acquire the Subject Property through a voluntary sale.

WHEREAS, the City Planning Department has made a determination this Project is consistent with the General Plan under Charter Section §556.

NOW THEREFORE BE IT RESOLVED that the Board of Water and Power Commissioners hereby approve the Ordinance, approved as to form and legality by the City Attorney, now before this Board in connection with this Resolution, to authorize and recommend an eminent domain action to acquire a fee interest in the Subject Property for the Project to comply with federally-mandated Long Term 2 Enhanced Surface Water Treatment Rule and the Stage 2 Disinfection Byproducts Rule by removing Silver Lake and Ivanhoe Reservoirs from service as open potable water storage reservoirs and constructing the Headworks Reservoir to provide replacement covered potable water storage.

BE IT FURTHER RESOLVED that the Board of Water and Power Commissioners recommends that the City Council approve and adopt the Ordinance forwarded for its action and authorize the acquisition of the Subject Property. ·

BE IT FURTHER RESOLVED that the City Attorney, upon City Council approval, is authorized to commence an action in eminent domain to acquire the Subject Property, to make the necessary deposits of probable compensation and to obtain the necessary court order granting possession of the Subject Property prior to judgment.

BE IT FURTHER RESOLVED that upon the City Council's adoption and effective date of the Ordinance hereby submitted for its approval, the Chief Accounting Employee be and he or she is hereby authorized and directed, to authenticate a demand or demands upon the proper fund for payment of any and all necessary amounts associated with this acquisition of the Subject Property.

I HEREBY CERTIFY that the foregoing is a full, true, and correct copy of a resolution adopted by the.Jl9.QrLZIP- ,f~ ~'£~Hornev EXHIBIT A

Rieht-of-WayNo. 13082 Real Estate Flle No. W-77962 Work Order No. UAK62 DrawineNo. C2073 Council District No. 4 Coordinate File No. 168-192 Cadastral Map No. 168B189 & 168B193 Assessor's Parcel No. 5581-001 Thomas Bros Map 563-G3

Silver Lake Reservoir Complex Storage Replacement Project . Headworks Reservoir Parcel Acquisition - Corral Property NW/o Intersection of Forest Lawn Drive and Zoo Drive

That portion of Block 68 of Subdivision of the Rancho Providencia and Scott Tract in the City of Burbank, County of Los Angeles, State of California, as per map thereof recorded in Book 43, Page(s) 47 et seq., of Miscellaneous Records, in the office of the County Recorder, of said County, bounded as follows:

On the north by the southeasterly line of Lots 181, 182 and 183 of Tract No. 9766, of said City, as per map thereof recorded in Book 137, Pages 84 and 85, of Maps, in said County Recorder's Office, bounded on the southeast by the southeasterly line of said Block 68 and on the southwest by the southwesterly line of said Block 68, said portion of Block 68 also sllown as "Los Angeles River Cllannel Lot" in said Tract 9766.

Excepting therefrom any portion thereof of said Lot 181 lying northerly of a line having a bearing and distance of South 84° 35' 29" West, 63.89 feet, said line described in Deed recorded April18, 1974 as Instrument No. 1990, in Book D6239, Page 280, of Official Records, of said County.

The above-described Parcel of Land contains an area of approximately 4819.00 square feet.

I. i Written _"'=B..,_.7 e..,.u..,r..,.e.,..b:ui"L-.:- . Checked ~r;u._.,4- Revised ll/ts/otO

Electronic File Path:'-'-Ga!axy"\Right·of·way\CompletedJobRecords'U.egal Descriptions'\Land_Purchase'\Ll3082_Rev_l_l68·193_Headworks·Corraldoc LADWP BOARD APPROVAL LETTER TO: BOARD OF WATER AND POWER COMMISSIONERS DATE: Februa 23, 2009 SUBJECT: Real Estate File W-77962

Acquisition of Real Property by · Eminent Domain Action Required for the Silver Lake Reservoir Complex Storage Replacement Project hd1Chief Executive Officer and General Manager FOR COMMISSION OFFICE USE:

CECILIA K.T. WELDON Acting Chief Senior Assistant General Administrative Officer Mana er- Water S stem

CITY COUNCIL APPROVAL IF YES, BY WHICH CITY REQUIRED: Yes [8] No 0 CHARTER SECTION: 675 d 1)

PURPOSE

Proposed Resolution, approved as to form and legality by the City Attorney, if approved will authorize the acquisition, by eminent domain, of real property located north of Forest Lawn Drive, west of Zoo Drive, and along the south side of the Ventura Freeway (adjacent to the City of Los Angeles but within the City of Burbank). This purchase is necessary to assemble all the parcels for the "Silver Lake Reservoir Complex Storage Replacement Project" (Project). A legal description (Exhibit A) and map (Exhibit B) of the land is attached.

BACKGROUND

This Project allows the Los Angeles Department of Water and Power (LADWP) to comply with federally-mandated Long Term 2 Enhanced Surface Water Treatment Rule and the Stage 2 Disinfection Byproducts Rule by removing Silver Lake and Ivanhoe Reservoirs from service as open potable water storage reservoirs and constructing Headworks Reservoir to provide replacement covered potable water storage. Additionally, the Project will provide for a 4-megawatt hydroelectric generating facility.

The acquisition of this property is necessary because without it, the cost of the Project would increase by $420,000 for extra shoring to support the excavation.

An appraisal report with a March 31, 2008, date-of-value was prepared by Valentine and Associates. The appraisal reported an opinion of fair market value of $9,000.00. Board of Water and Power Commissioners Page2 February 23, 2009

The Los Angeles City Planning Department has made. a determination that this project is consistent with the General Plan under Charter Section §556 (see attached letter from the City Planning Department marked "Exhibit C").

An offer in compliance with and as required by Government Code §7267.2, was made to the property owners on June 20, 2008; this offer was for $9,000.00. The owners did not respond to the offer and one owner could not be located at his two last known addresses. Staff has, therefore, been unable to acquire the property by voluntary sale.

COST AND DURATION

One time cost estimated at $16,220 (details listed under "Fiscal Impact Statement").

FUNDING SOURCE

Fiscal Year: 2008-2009 Functional Item No.: 29130 Location in Budget: Page 19

FISCAL IMPACT STATEMENT

One time cost estimate of $16,220.

Purchase Price $9,000 Owner's Appraisal 5,000 Title Insurance 360 Litigation Guarantee 860 Escrow Fees 750 Misc. Expenses 250 Estimated Total $16,220

TYPE OF INSURANCE COVERAGE(S) N/A

PRE-AWARD CHECKLIST N/A

CONTRACT ADMINISTRATION N/A

FORMAL OBJECTIONS TO AWARD OF CONTRACT N/A Board of Water and Power Commissioners Page 3 · February 23, 2009

JOB OPPORTUNITIES AND TRAINING POLICY N/A

NTERNAL AUDIT N/A

EXTERNAL AUDIT N/A

CHARTER SECTION 1022 FINDINGS AND BASIS THEREOF N/A

MEMORANDUM OF UNDERSTANDING PROPOSED CONTRACT REVIEW PROCESS N/A

METHOD OF SELECTION N/A

OUTREACH EFFORTS TAKEN N/A

MINORITY/WOMEN BUSINESS ENTERPRISE (MBE/WBE) SUBCONTRACTING PARTICIPATION N/A

MBE SUBCONTRACTING N/A

WBE SUBCONTRACTING N/A

VENDOR HISTORY N/A

VENDOR PERFORMANCE N/A

ENVIRONMENTAL DETERMINATION

The purchase of this property is related to the "Silver Lake Reservoir Complex Storage Replacement Project" (Project). In compliance with the California Environmental Quality Act (CEQA), the environmental impacts associated with this Project were evaluated in a Board of Water and Power Commissioners Page 4 February 23, 2009

July 2005, Environmental Impact Report which was certified by the Water and Power Board of Commissioners on May 16, 2006 (Resolution No. 006 211, marked "Exhibit D"). Therefore, no further action under CEQA is necessary.

CONFLICT OF INTEREST STATEMENT

All conflict of interest procedures were followed. No conflict of interest issues were identified.

RECOMMENDATION

It is recommended that your Honorable Board adopt the Resolution authorizing the acquisition of certain real property by eminent domain. The Ordinance, required pursuant to Charter Section 675(d)(1 ), is attached. Also, a copy of the CAO Report is attached.

CW:dc Attachments c/att: H. David Nahai Raman Raj Richard M. Brown Aram Benyamin James B. McDaniel Jeffery L. Peltola Cecilia K.T. Weldon Maria Sison-Roces Reynan L. Ledesma Casey Woo . -.------· ·-· ... -. --.------... -.------·-

EXHIBIT A

Rieht-of-Way No. 13081 Real Estate File No. W-77961 Work Order No. UAK& Drawing No. C1073 Council Dlstrid No. 4 Coordinate File No. 168-192 Cadastral Man No. 1688189 & 1688193 Assessor's Parcel No. 5581-001 Thomas Bros Map S63-G3

Silver Lake Reservoir Complex Storage Replacement Project Headworkli Reservoir Parcel Acquisition-Corral Property NW/o Intersection of Forest Lawn Drive and Zoo Drive

That portion ofBlock 68 of Subdivision of the Rancho Providencia and Scott Tract in the City of Bmbank, County of Los Angeles, State of California, as per map thereof recorded in Book 43, Page(s) 4 7 et seq., of Miscellaneous Records, in the office of the County Recorder, of said County, bounded as follows:

On the)lorthbythe southeasterly line of Lots 181, 182 and 183 of Tract No. 9766, of said City, as per map thereof recorded in Book 137, Pages 84 and 85, ofMaps, in said County Recorder's Office, bounded on the southeast by the southeasterly line of said Block 68 anil on the southwest by the southwesterly line of said Block 68, said portion of Block 68 also.shown as "Los Angeles River Channel Lot" in said Tract 9766.

Excepting thc;ri:from any portion thereof of said Lot 18 I lying northerly of a line having a bearing and distance of South 84" 35' 29" West, 63.89 feet, said line described inDeed recorded April IS, 1974 as Instrument No. 1990, in Book D6239, Page 280, of Official Records, of said County.

The above-described Parcel of Land contains an area of approximately 4819.00 square feel

I Written _..,R..._. ~e..,uLl;re!OJbwi~a-.,.. · Checked a...:4.,.o..,.,4 Revised ll[i!i:/oio

Electronic Filo Path: "Galaxy\RigM-of·way,CompletedJobRerords\Legal Deacriptiona'\LaniU'urcbase\L13082_.Rev_Ll88·193__Head.worka·Corral.Wx: EXHIBIT B

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" I " I < icz073 =:J EXHI

City Hall • 200 N. Spring Street. Room • Los Angeles, CA 90012

RECEIVE& February 21, 2007

MAR 12 2007 Casey Woo Senior Real Estate Officer REAL ESTATE BUS. GROUP Los Angeles Department of Water and Power Dept of Water and Power 111 North Hope Street, Room 1031 Los Angeles, California 90012

SUBJECT: Request for Determination of General Plan Consistency Regarding Acquisition of a Parcel from the City of Burbank for the Silver Lake Reservoir Complex Storage Replacement Project

PROJECT LOCATION: Assessor's Parcel No. 5581-001-001 Trace No. 9766, pt_ Block 68 of Subdivision .of the Rancho Providencia and Scott Tract, City of Burbank

The proposed acquisition of the vacant 4,618 sq. ft. parcel, Assessor Parcel Number 5581-001-001, for the purpose of constructing replacement covered potable water storage and providing for a hydroelectric generating facility is in substantial conformance with the purposes, intent, and provisions of several elements of the City's General Plan; including the General Plan Framework Element, the Water System Plan, the Safety Element, and Power System Plan.

The General Plan Framework Element: Framework Policy 3.1.2 of the Framework recommends that the City "Allow for the provision of sufficient public Infrastructure and services to support the projected needs of the City's population and businesses". Framework Policy 9.9.3 advises the City to "Protect existing water supplies from contamination·. Framework Policy 9.26.1 states that "The los Angeles Department of Water and Power shall continue to monitor and forecast its customers' peak load on its system and identify Which parts of the system should be upgraded to accommodate expected growth". By enabling the removal of the Silver Lake and Ivanhoe Reservoirs from service as open potable water storage reservoirs through the construction of replacement covered potable water storage facilities, the Silver Lake Reservoir Complex Storage Replacement Project strengthens the protection of the City's water supplies in conformance with the General Plan Framework. The construction of a hydroelectric generating facility is consistent with the General Plan Framework's direction that the City should expand the capacity to meet the needs of electricity customers, both private and public, within the City.

The Water Svstem Plan: The City of Los Angeles' Water System Plan recommends that "The water is stored in protected reservoirs".

Replacing open potable water storage facilities with covered potable water storage facilities strengthens the protection of the City's water supplies in conformance with the City's Water System Plan.

The Safetv Element: Policy 1.1.4 of the City of Los Angeles' Safety Element is to "Protect the public and workers from the release of hazardous materials and protect City water supplies and resources from contamination resulting from accidental release or intrusion resulting from a disaster event".

Replacing open potable water storage facilities with covered potable water storage facilities increases the ability of the City to defend water supplies in the- event of a disaster event which threatens to contaminate the City's water supplies, in conformance with the Safety Element.

The Power Svstem Plan: One of the objectives of the City of Los Angeles' Power System Plan is "to facilitate the periodic re-evaluation of the Los Angeles City Power SyStem to reflect changing requirements for the generation and distribution of power as necessary to adjust it to changes in the land use and development patterns of the City".

The addition of a local power generating facility supports the capacity of the City to sustain the provision of electricity to a growing population, in conformance with the City's Power System Plan. Recommendation:

Under the authority granted by Section 559 of the City Charter and the City Planning Commission action of July 27, 2000 delegating authority to the Director of Planning to act on behalf of the Commission on certain matters, 1 find that the property acquisition is consistent with the General Plan.

S. GAIL GOLDBERG, AICP Director of Planning

By:~ Date: -f'¥'~> 7 Dave Gay, Principal City Plan r EXHIBITD ,·

RESOltJTION NO. 0 0 6 2·11

WHEREAS, the Los Angeles Depar:lment of Water and Power (LADWP) has an obligation to provide re6able potable water service to customers In the City of Los Angeles; and

WHEREAS, LADWP has an obf~gation to comply with the federallY-mandated Long Term 2 Enhanced Surface Water Treatment Rule and the Stage 2 Dlsinfecllon Byproducts Rule as promulgated by the United States Environmental Protection Agency; and

WHEREAS, LADWP has expressed .its corrimitment to Increase renewable energy sources within its power generation portfolio; and

WHEREAS, the proposed Silver Lake Reservoir Comple)C Storage f{eplacement Project (Proposed Project) will provide for covered potable water storage and allow l.ADWP to comply with the federally-mandated long Term 2 Enhanced Surface Water Treatment Rule and the Stage 2 Disinfection Byproducts Rule and to adequately meet the current requirements and futUre needs of the City of los Angeles and the ~lifon:lia Department of Health Services Drinking Water Requirements, and compensate for loss of water storage within the LADWP water distribution system; and ·

WHEREAS, the Proposed Project will provide 4-megawatts of renewable energy to its .Power generation portfof10; and ·

WHE~. an Environmental Impact Report for the Proposed Project was·prepared to satisfy the requirements of the California Envlronma!llal Quaflly Act; arid

WHEREAS, the Envirpnmentallmpact "Report for the Proposed Project concluded that the Prop6sed Project would result in signfficant unavoidable noise, traffic and transportation, and noise impacts during construction:

WHEREAS, a Mitigation Monitoring Plan was prepared for the Project In order to ensute that mitigation measures Identified in the Environmental Impact Report are implemented; and.

WHEREAS, the Mitigation Monitoring Plan is included In the Environmental Impact Report for the Proposed Project as Appendix A; and.

WHEREAS, the Board of Water & Power Commissioners have considered and certified the Environmental Impact Report for the Proposed. Project; and

NOW, THEREFORE, BE IT RESOLVED, that this Board makes the following findings and determinations with respect to the Proposed project:

The Proposed Project would consist of the construction .of a 11 0-millian-gallon potable water storage reservoir and 4-megawatt hydroelectric plant at the Headworks Spreading Grounds site.

The Proposed Project would also consist of the construction of approximately 600 linear . feet of 84-inch-diameter welded-steel underground pipeline and appurtenant structures (e.g., maintenancelaccess hales, llow meters, valves, and/or vaults) at the Headworks Spreading Grounds site. . · The ~rliposed Prole~ would also consist of the construction of approximately 4,900 linear feet of 66-lnch-dlameter welded-steel underground pipeline, appurtenant structures (e.g., maintenance/access holes, flow meters, valves, andltirvaults), and an underground regulator staUon In and adjacent to. the Silver Lake Reservoir Complex.

The Proposed Project would also remove Silver Lake and Ivanhoe Reservoirs from service as potable water storage reservoiiS.

Construction of the Proposed Project would occur il'! parts of Los Arigeles City Council Disbicts 4 and 13 within eldsUng street rights-of-Yiay, LADWP property and existing easements, or open space/recreaUon areas in the Silver Lake and Los FefiZ communHies (including Griffith Park). The Proposed Project Is being undertaken to comply with federally-mandated water quality regulations, provide a reHable supply of water to the City of Los Angeles, provide 4-megawatts of renewable power; and to compensate for loss of water storage within the LADWP water distnl>ution system.

BE IT FURTHER RESOLVED, that this Board acknowledges lllat pursuant to the California Environmental Quality Act and the California Environmental Quality Act Guidelines adopted pursuant thereto, that before it may approve a project, which has potential significant effects on the envlf0!1ment, It must first make certain flndlngs and delarminalloils. Accordingly, this Board detennines that it first find whether there are specific economic:. legal, social, technological, or other considerations which make infeasible further mitigation !003Sures or project alternatives as identified in the Final Environmental Impact Repm:t and further detennlne whether the benefits of the project outweigh such unavt;~idable temporary significant effects. In accordance with Sections 15091 (a)(3) and 15093 of the Caflfomia Environmental Quafity Act Guidelines, this Board herewith makes the following findings in support of the statement of overriding considerations, set forth below, required for approval of saki Proposed Project with significant air quality, traffic and transportation, and noise effects. The Identified mitigation measures for the slgnmcant construction-related effects on air . quality are:

Mitigation Measure AQ-1: LADWP Will implement the following measures lo reduce Construction · · conslrucllon-related air quallly ImpActs during aU nina phases of_the Proposed Project construction: • EquipmanlldHng lime wm be minimized to the extant possible. • Equipment engines wUI be maintained In good condlllon · and In proper tune in accordance with manufacturer speclftcaUons. • Electricity rrom on-site power poles will be used, as feasible, In place of temporary diesel-powered generators. ·

• AU construcUon equipment p~ered by dlesel-_fualed inlamal combusUon engines will utilize emulsmed diesel fuel. The use of such fuel has been damonslrated by lhe Cal'd'omla Atr Resources Board to reduce Nitrogen Oicldas (NO.) by 14 percent lind reduce ParUculata MaHar of 10 microns In diameter or smaller (PM10) (from engine combusUon) by 63 percent

2 The specific _considerations making fur1her mitigaUon of lhls temporary effect Infeasible are:

The Finai·Environmentallmpact Report concludes lhat construcUon of lhe Proposed Project would produce significant air quarny emissions. Dally conslruclion emissions from lhe Proposed Project would exceed emission thresholds, as defined by lhe SoUth Coast />Jr Quality Management District. ApplicaUon of Mitigation Measures AQ-1, as contained in lhe MiligaUon Monitoring Program contained In Appendix A of lhe Final Environmental impact Report, would reduce lhe impacts due to construcUon; however, impacts would still be significant for oxides of nitrogen and fugitive dusl No other economically viable mitigation measures to further reduce air quality impacts. are technologically avaDable. Therefore, lhe Proposed Project would result in significant unavoidable environmental impacts to air quality during construction.

The identified mitigation measures for lhe significant construcUon-related effects on traffic are:

The Pioposed Project work schedule will be arranged Mitigation Measure TT-1: Forest to minimize the Impact at this location. Lawn Drive and Zoo Drive MIUgalion Measure TT-2: Silver Truck deliveries for materials or equipment will be scheduled -lake Boulevard and Van Pelt so lhatlniGk blps would anlve or depart the Silver Lake . ' :Place Reservoir Complux outside the afternoon peak period " . between 4 pm. and 6 p.m. ,;.. - Mitigation Measure TT-2: Truck deliveries for matimals or equipment wilf be scheduled ' . •River.llde Drive and Reicher so that truck bips would anlve or depart the Silver Lake Dr;lve Reservoir Complex Olllslde the afternoon peek period between 4 p.m. and 6 p.m

Mitigation Measure TT-3: A slle--specllic Trensportellon Management Plan will be Transportation Management prepared for any stage rif construclion that may affect traffic Plan flow In the surrounding street syslem. This Transportation Management Plan may Include some or all of the following: • Consln:Jctioll·work traftlc lmpBj:ls and slrategies, Including detours and traft1c handling. • Strategies for reducing worker !rips, including carpooling and.transil. • General access reslricUons associated with lhe Proposed Project, including proper noUflcaUon of affected residences, businesses, and otller fac111ties prtor to conslrUcUon. Advance pubHc noUflcatlon will include posting of notices and appropriate signaga of conslrUclion acllvily. The Transportation Management Plan must ensure adequate access to residences and facDIIIes via axisHng roadway Intersections and privata driveways at all Urnes or Include alternate access, detours, or temporary miUgatlon to address access restrictions adequately.

3 • Emergency access raalrlcllons associated wfth the Proposed ProJeet. Including proper nolilicallon of . emergency providers and provlalon of allamate routes, If necessary. All c:onslructlon ecllvHias w11 be coordinated wHh local laW enforcem"nt, lire prolecllon,.and other emergency service providers. These antilles will be noUIIed of lhe liming, Jocallon, and duration llf conalnlcllon acllvlllas. • Where Cllnslrucllon Will result In temporary lane closures of sideWalks and other pedestrian facUiHes, the . Transportation Management Plan would address temporary pedestrian access, through detours or safe areas alongside the COI)Struclion zone. My affected pedestrian facilities and aHemallva facilities or detours wUI. be Identified. The development of this TransportaUon Management Plan wiH be coordinated wHh the los Mg&les Dapallment of Transportation and the California Depallmantllf Transportation and wUI require Los klgales Department of Transportation approval prior to the lmplamantallon of any maasuras and activiUas that would affactlrallic now In lhe area

The specific considerations making further mitigation' of lhis temporary effect infeasible are: ·

The Fmal Environmental Impact Report concludes lhat construction of lhe Proposed Project would produce significant Traffic and Transportation Impacts. Appfrcallon of mitigation measures TT-1, TT-2, and.TT-3, as contained in lhe Mitigation Monitoring Program contained in Appendix A of the Fmal Environmental Impact· Report, would reduce the impacts due to construction. No olher economically viable mi~gation measures to further reduce traffic and transportation Impacts are technologically avaUable. Therefore, traffic and transportation impacts would still be potentiaUy significant

4

.. :.~------The Identified mitlgalion measures for the significant construction-related effecls on noise are:

Mitigation Measure N-1: Measures to mlnlmiza noise from construction activities at the Consbuclion Noise atlha Heedwofks Spreading Grounds site Include some or all of Ute Haadworics Spreading following: Grounds Site • A noise monitoring and mitigation program at the Headworl

• Fixed-location machinery, such as genera~ and compresso!B, will b& shielded from sensllive receivers. Shielding may comprise any arrangement that produces substantial noise reduclions Including manufactured enclosures; plywood barriers; terrain (berms, all! pDes); and olher large, lixed-localion machinery. • Aclivlties that may be perfonned at a fixed localion (e.g., sawing lumber) will be shielded similar to the third maasure above. • Machinery wiD be equipped wllh high-performance mufflers and olher noise-reducing equipment. Machinery will be maintained In good running condlllon, including frequent JubrlcaUon tQ minimize squealing and addiUonal engine load to reduce annoying noise emissions.

• · Construction hours will be slricUy enforced. Staging areas will be s~red wllh a locked fence to prevent early slart4Jp or lala-ntoht melntenance.

5

-..,.---··------. •.

Mitigation Meas!Rll N-2: • A noise monitoring and mltlgallan program at the Sliver lake Construction Nollie at lhe Resarvo!r Complex will be Instituted to continUOUSly B&88ss · Silver lake Reservoir consfrucUon noise impacts and.lrnplernent miUgallan when Complex end where required. ·The program will focus pri'narlly on ensuring no hazardous noise levels exist at nearby residences. Long..term (all day) monllollng should be conduclad to verify that noise levels at sensitive receptors do not exceed permissible llmlls as determined by the appropriate authority. • Conslrucllon areas will be shielded wllh noise conlrol barriers, particularly the area surrounding the regulator slallon. Barriers may be of any configuration sufllclent to control the immediate noise levels; specifically, thay should be heavy, continuous (no gaps), and l\alle a sound-absorpliva surface on lha construc:llon slda. Typical conslructlon sound barriers include 314-lnch plywood with a glass or mineral wool facing, commercially avaDabla post-and-panel nolse-conlrol fencing, and commercially avaDable noise-control curlalns. Barrier height wiD b& as 1811 as can ba practiCally and sefoly erected, but should be a mlnlmwn of B feet high. Entrances to the nolsi!-COfllroDed areas will be located away from sensitive receivers. If feaslbllt, lha entrance lo the regulator slallon area will be to the east or southeast (facing the dog park). • I.Jse of extrama noise producers will be mlnlinlzad ss much ss posslbla.because aggregate noise lavels are generaUy driven by a few loud machines. Every effort will be made to complele such actlvllles In a Umely manner, ralhar than extend"mg them over the dureilon of construction. Where feasible, they wiD be shl!lldad by a sound barrier and located as far as possible from nofsa.senslllva receivers. Where feasible, such activities wftl be conducted off-slle at a nonsensitive location. • Fixed-location machinery, such as generators and compressors, wiU 118 shielded from sensitive receivers. Shleld"IIIQ may comprise any arrangemenllllal produces subslanUsl noise Jl!ducUons indulfmg manufaclured enclosures; plywood barriers; tarraill (berms, dirt pRes); and other larga, fixed-location machinery. • Acllvilles that may be performed at a fixed location (e.g., sawing lumber) will ba shielded sinUar to tho fourth measure abow. • Equipment maintenance and tasting facHIIias at the sieging . area wUI be shielded slmRar to lha second measlml abov&. • Machinery wiR ba equipped with high-parlormanca mufflers and other noise-reducing equipment. Machinery will ba mainllllned In goqd running condlllon, Including frequent lubrlcaUon to minimize squeaUng and additional engine load to reduce amoying noise emissions. • Loudest operations In the late afternoons and evenings, particularty altar 7 p.m., wUI be avoided. • Nois01Jroduclng equipment maintenance and testing at the staging area In lhe evenings, parllculally after 7 pm., wnl ba avoided. TasUng~ loud machinery wll ba echeduled to coincide with peak morning and afternoon traffic hours, If possible. 6

----·--····-··---. ·------·---·· • Unnecessary equipment will be Shut down overnight {e.g., blowers or generators will not be left running unnecasaarily). • • Conslrucllon hours will be slricUy enforced. The staging area wDI be secured with a locked fanca to prevent early start-up or lale-nl11ht makllenanca. ·

The specific considerations making further mitigation of this temporary effect infeasible are:

The Final Environmental Impact Report concludes that construction of the Proposed Project would produce potentially significant noise·levels. Application of mitigation measures N-1 and N-2, as contained in the MUigation Monitoring Program would reduce the impacts due to construction. No oth!lr economically viable mitigation measures to further r!lduce noise levels are technologically available. Therefore, depending on overlapping construction tasks and duration, it is possible that noise impacts resulting from constructiOn will remain significant even after nitigalion. .

In accordance with Section 15091(c) of the California Environmental O!lality Act GuideHnes, the Board further finds that the following projeCt alternatives are rejected for the following reasons:

Project Alternative 1: This alternative would result In the conUnued operation of Silver lake and Ivanhoe Reservoirs without significant operational changes and i- -·· No Project Alternative no action being taken by LADWP toward meaUng water quardy standards. This alternative would not achieve compliance with water quality regulations nor would the altarnatlve achieve LADWP water quality objectives. Algae would continue to be a problem in the reservoirs, and chlorine w::d conllnue to be stored and used altha Silver lake Reservoir Com ex. · . Project Allemetive 2: This alternative Involves construcllon of four underground storage Onsita Tank Storage tanks In the meadow eras and part of Silver lake Reservoir to WHh Operational · provide 100 mDr1011 gaDons {MG) of regulatory W&tar storage. In Changes addftlon, olf-sila improvements would be necessary to provide the functional equivalent of 200 MG of emergency storage. The Improvements Include new trunk-linelnstallaUons, pump-station upgrades, and providing other supply sources. Silver lake Reservoir woold be drained during consiruction, and construction time is estimated at5.5 years. ivanhoe and Silver lake Reservoirs would be removed from service to the water distribution system and maintained as view lakes. This alternative would achieve compliance with water quality regulations, and the aHernative would achieve LADWI;' water quality objectives. However, the altamatlve may not be consistent wilh the community values set forth In lhe Ivanhoe and Silver lake Reservoir Mastar Plan, and the alteniative would not whoDy preserve City historic r&sOurces. This allematlve would result in potentially significant impacts relaled to land use, earth resources, water resoun:es, biological resources, cultural rasourpes, traffic, noise, air quality; and visual resources at the Silver lake Reservolr.coniPie~.

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The Board further finds that the Proposed Project Is the· environmentally superior project that meets the Proposed Projecfs objectives. . · . . .

BE IT FURTHER RESOLVED, that this Board finds, pursuant to the requirement that It adopt a Statement of Overriding Considerations to support approval of a project with significant effects on the environment, that there are specific economic, legal, social, technological, or other benefits of the Proposed Project which outweigh the temporary significant construction effects on air quality and traffic and transportation, and therefore detennines to approve the Proposed Project for the following reasons:

The Proposed Project provides for compliance with the federally-mandated Long Tarm 2 Enhanced Surface Water Treatment Rule and the Stage 2 Disinfection Byproduct Rule. These regulations require LADWP to either remove Silver Lake and Ivanhoe Reservoir-S from service or have them covered. To achieve compliance, I.ADWP plans to remove Silver Lake and Ivanhoe Reservoirs from direct service to the water distribution system and replace 1he open storage with covered storage at the Haadwlllks Spreading Grounds Site. In addition, the Proposed Project will deriVer a reliable supply of water to the central area of the City of Los Angeles while providing 4-megawatts of renewable power.

BE IT FURTHER RESOLVED, that the MIHgation Monitoring Plan, included as Appendix A to the Final Environmental Impact Report for the Proposed Project will be employed to ensure. the miUgaUon measures idenUfled In the Environmental Impact Report are implemented.

BE IT FURTHER RESOLVED, that this Board approves the findings set forth herein, and approves and adopts the mltigaUon measures and the MlUgation Monitoring Program, contained In Appendix A of the Final Environmental Impact Report, approves and adopts. the Statement of Overriding Considerations sat forth above, and approves the Silver Lake Reservoir Complex Storage Replacement Project and authorizes its construction:

BE IT FURTHER RESOLVED, that the President, or Vice President of this Board ot the General Manager, or such person as the General Manager shall designate in writing as his designee, and the Secretary, Assistant Secretary, or the AcUng ~ecretary of the Board are hereby authorized; empowered, and directed to file a Notice of Determination with the Los Angeles County Clerk and the Los Angeles City Clelk that llnds that this Board has approved the Final Environmental Impact Report for the Proposed Project, that the Proposed Project will have temporary significant adverse Impacts on the environment, that mitigation measures were adopted and approved for the Proposed Project, that the Board.has approved a MitlgaUon Monitoring Program for the Proposed Project, and that a Statement of Overriding Considerations was adopted for the project.

BE IT FURTHER RESOLVED, that the LADWP's Environmental Services Unit will be the custodian of the record of proceedings f?r this Proposed Project.

1HEREBY CERTIFY that the foregoing is a full, true, and correct copy pf a resolution adopted by ~~er and Power Commissioners of the City of Los Angeles at its meeting held

~t.~ Secretary ·

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0220-04467-0000 TRANSMITTAL TO DATE COUNCIL FILE NO. David H. Nahai . Chief Executive Officer and General Manager Department of Water and Power '~••aw FROM COUNCIL DISTRICT The Mayor

Acquisition of Real Property by Eminent Domain for the Silver Lake Reservoir Complex Storage Replacement Project

T==;tted foe furthec ~g, '"""'"' Co""'" ooo.

MAYOR

RPC:OAV:10090057T

CAO 649-d REPORT FROM

OFFICE OF THE CITY ADMINISTRATIVE OFFICER

Date: December 11, 2008 GAO File No. 0220-04467-0000 Council File No. None Counctl District: 4 and 13 To: The Mayor

From: Raymond P.Ciranna, Interim City Administrative Officer~(/

Reference: Letter from the Department of Water and Power dated November 14, 2008; referred for report by the Mayor on December 3, 2008

Subject: ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN FOR THE SILVER LAKE RESERVOIR COMPLEX STORAGE REPLACEMENT PROJECT

SUMMARY

The Department of Water and Power (DWP) requests approval of a proposed Board of Water and Power Commission's (Board) Resolution, which will authorize the acquisition, by eminent domain, of real property located north of Forest Lawn Drive, west of Zoo Drive and along the south side of the Ventura Freeway. The property is located adjacent to the City of Los Angeles in the City of Burbank. The parcel consists of 4,618 square feet that is within the boundaries of 45 acres of DWP-owned property. The property owner cannot access the property without entering DWP property. DWP intends to build a new 11 0-million-gallon (MG) buried storage reservoir which would receive redirected water that normally would enter the Silver Lake Reservoir Complex to service the DWP water service system for Los Angeles drinking water. The property proposed is within the site selected for the new buried reservoir.

Background

As part of the DWP program to comply with the federally-mandated Long Term Enhanced Surface Water Treatment Rule and the Stage 2 Disinfection Byproducts Rule, DWP is removing Silver Lake and Ivanhoe Reservoirs from service as open potable water storage reservoirs. DWP is constructing the Headworks Reservoir, which replaces the previous water storage from the two reservoirs, and provides covered potable water storage. Additionally, as part of the project a four-megawatt (MW) hydro-electric generating facility will be built which will use the water diverted from flowing into Silver Lake into the Headworks Reservoir.

This project began in 2002 and is currently in the design phase. Although Silver Lake has a capacity of 850 million gallons, because the pipe that leads in and out of the reservoir is too small and restricts water flow and pressure, which reduces the usable water service capacity to actually 300 million gallons. The new Headworks Reservoir will have capacity of 110 million gallons. Although this capacity is less than the current capacity, the Department has advised that the proposed GAO FileNo. PAGE 0220-04467-0000 2 capacity is sufficient. There are future uses planned for the Silver Lake Reservoir such as recycling water for irrigation or storm water capture for treatment. These uses are consistent with the information shared with the Neighborhood Councils.

Property Acquisition

The Headworks Reservoir will be built on property formally used as the Headworks Spreading Grounds, which is located near the Forest Lawn entrance to Griffith Park and the Zoo. DWP owns 45 acres and the Corral family owns 5,000 square feet within DWP property and is landlocked. There are no easements that allow entrance to the Corral family property. The acquisition of this property is necessary because without it, the cost of the project would increase by approximately $420,000 to $600,000 for extra shoring to support the excavation required and maintain the structure within DWP owned property. The cost estimate includes building a retaining wall which would extend 500 feet horizontally and to a depth of 20 feet below the existing ground.

The Corral family has been approached with an offer to purchase the property based on the fair market value of the property on many occasions since the beginning of the project; however, either there has been no agreement on the amount offered or the offer has gone unanswered. The latest offer was sent on June 20, 2008 based on an appraisal dated March 31, 2008 in the amount of $9,000. The owner did not respond to the offer. Consequently, DWP has been unable to acquire the property by voluntary sale.

The City Attorney advises that since the City acting through the DWP has been unable to acquire the property by voluntary sale and the use of the property is for the public good, the DWP should request the Council to authorize the City Attorney, by ordinance, to file a lawsuit to acquire the property by eminent domain. Attached to the file is an Ordinance, prepared by the City Attorney, stating that the property owner was given at least 15 days written notice that the property is to be acquired by eminent domain as well as the intent to bring the matter before the Council. This ordinance also states that the City Council authorizes the City Attorney to commence a court action to acquire the property by eminent domain and to obtain the necessary court order granting the City possession prior to judgment.

City Compliance Issues

In accordance with the California Environmental Quality Act (CEQUA), it has been determined that the taking of property by eminent domain is exempt, pursuant to the General Exemption described in CEQA guidelines Section 15061 (b)(3). The Headworks Reservoir Project was approved by the Board on March 6, 2006 (Resolution 006211 ), which acknowledged the increased noise and traffic during construction and included noise and traffic mitigation measures to comply with CEQUA requirements as provided in the EIR.

The Los Angeles City Planning Department has made a determination that this project is consistent with the General Plan under Charter Section 556. Additionally, an offer in compliance with and as required by Government Code Section 7267.2 was made to the property owners on June 20,2008. CAO File No. PAGE 0220-04467-0000 3

RECOMMENDATION

That the Mayor approve the attached Board of Water and Power Resolution authorizing the acquisition of real property by eminent domain located north of Forest Lawn Drive, west of Zoo Drive, and along the South side of the Ventura Freeway for the Silver Lake Reservoir Replacement Project, and return the request to the Department for further processing, including Council consideration.

FISCAL IMPACT STATEMENT

Approval of this request will not impact the General Fund. The one-time cost to the Department of Water and Power is $16,220, which includes: Purchase Price- $9,000; Owner's Appraisal- $5,000; Title Insurance - $360; Litigation Guarantee - $860; Escrow Fees - $750; and Miscellaneous Expenses - $250. Since the Department of Water and Power is only bound by the City Debt Management Policies, the City Financial Policies are not applicable.

RPC:OA V:1 0090057