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Water and Power Conservation ... a Way of Life

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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.Qr<i o/ ~crfr and Power Commissioners of the City of Los Angeles at its meeting held I"'AK · A~~R6VIl:B AB 'f6 ;;tl~il! AN!:I ~~Cli\LITY ROCKARD J. DELGADILlO. CITY ATTORNI!V in1haw'Y.~ OCT .0 4 2008 Secretary ev;LZIP- ,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).
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