TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Stephanie Katsouleas, Public Works Director
Prem Kumar, City Engineer
Helen Shi, Senior Civil Engineer
SUBJECT:Title
Consider Adopting a Resolution Declaring that a Temporary Construction Easement and an Eight Foot Area Over Portions of the Real Property Located at 1727 Artesia Blvd. are Necessary for Public Purposes and Authorizing the Acquisition Thereof, in Connection with the Aviation Blvd at Artesia Blvd. Southbound to Westbound Right Turn Lane Improvement Project (Public Works Director Katsouleas).
a) CONDUCT HEARING
b) ADOPT RESOLUTION NO. 20-0090
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Recommended Action
RECOMMENDATION:
Staff recommends that City Council:
1. After opening the hearing, receive the staff report and take testimony from any person wishing to be heard on the following issues:
A. Whether the public interest and necessity require the Project;
B. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
C. Whether the Subject Property Interests described in the Resolution of Necessity are necessary for the Project; and
D. Whether the City has made the offer required by Government Code Section 7267.2 to the record owners of the real property the City seeks to acquire.
2. After closing the hearing, consider Resolution No. 20-0090, a Resolution of Necessity declaring certain property interests located at 1727 Artesia Boulevard (the “Subject Property”) necessary for public purposes, and authorizing acquisition thereof for road widening and other associated improvement purposes in connection with the Aviation Boulevard at Artesia Boulevard Southbound to Westbound Right-Turn Lane Improvement Project (the “Project”).
3. If the City Council finds, based upon the evidence provided at the hearing, that the evidence supports the necessary findings recited above, staff recommends that the City Council, in the exercise of its discretion, adopt proposed Resolution No. 20-0090, to authorize eminent domain proceedings to acquire the property interests over portions of the real property located at the Subject Property described as follows:
• A temporary construction easement (“Temporary Construction Easement” or “TCE”) consisting of 1,359 square feet for a term of five months and
• an eight-foot-wide area (“Dedicated Area”) on the easterly side of the Subject Property.
FISCAL IMPLICATIONS:
The City received a $1.5 million grant through the Measure R South Bay Highway Program, which is administered by the Los Angeles County Metropolitan Transportation Agency (Metro). These grant funds will be used for costs associated with design, plans, specifications and estimates, project development, right-of-way acquisition, construction and all other components necessary to complete the Project. The City is not required to provide a local match for these funds.
BACKGROUND:
Aviation Boulevard is a major north-south arterial, designated truck and transit route, and is currently operating in both the morning and evening peak hour operation at Level of Service (LOS) F. Artesia Boulevard is a major east-west arterial, which provides regional access to I-405, and is operating at LOS F for both the morning and evening peak periods. The existing intersection at Aviation Boulevard and Artesia Boulevard has traffic demands that exceed capacity, which is further impacted by inadequate storage queues for right and left turn movements.
The Project will widen the west side of Aviation Boulevard to provide an exclusive southbound right-turn lane, thereby increasing the capacity and reducing vehicular delay at this intersection.
Other major benefits of the Project include:
1. Improved traffic flow on southbound Aviation Boulevard;
2. Improved operational efficiency of the intersection; and
3. The Project is completely funded by grants.
The Subject Property, a 23,420-square-foot site, is owned by the Angelen Gendian Testamentary Trust (“Owner”). Chase Bank is the current tenant. On August 15, 2006, the City Council adopted Resolution No. 6055, approving a Use Permit for a 5,800 Square Foot Retail Center at the Subject Property. Condition of Approval No. 38 required the Owner’s predecessor-in-interest to dedicate eight-feet along the Aviation Boulevard frontage for future street widening. Pursuant to Condition No. 44, all terms and conditions of the Use Permit are perpetual and are binding on all future owners. The retail center was constructed within the confines of the Subject Property, exclusive of the Dedicated Area. The then-owner, as well as the current Owner, have thus received the benefits of the Use Permit, and must comply with all of the conditions of approval, including dedicating the Dedicated Area to the City at no cost to the City. In a letter dated July 2, 2020, authored by Owner’s counsel, the Owner takes the position that the Owner purchased the Subject Property without knowledge of the dedication requirement, and thus is entitled to just compensation for the Dedicated Area. As a result, without waiving any of its rights to obtain the Dedicated Area at no cost, the City has included the Dedicated Area within the property to be acquired in the Resolution of Necessity.
On January 18, 2011, City Council approved Resolution No. 6290 supporting the South Bay Measure R Highway Program Early Action Project List. As the result, the City was awarded $1,500,000 from Metro for the Aviation Boulevard at Artesia Boulevard Southbound to Westbound Right Turn Lane Improvement Project through the South Bay Highway Program (SBHP). On January 3, 2017, the City Council awarded a professional services agreement to Michael Baker International for Engineering Design Services. The consultant assisted with the California Environmental Quality Act (CEQA) environmental clearance process, and recommended that the Council adopt a Mitigated Negative Declaration (“MND”). On October 15, 2019, the City Council adopted a MND for the Project, which includes both the Temporary Construction Easement and the Dedicated Area (collectively the “Subject Property Interests” hereinafter). A Notice of Determination (“NOD”) was filed on October 18, 2019.
The Project plans and specifications are complete in conformance with Caltrans 2018 design standards, and will soon be ready for bid solicitation and subsequently construction award. The construction work is anticipated to be completed in less than five months. The majority of the proposed right-turn lane widening improvements will occur at the northwest corner of the Aviation Boulevard/Artesia Boulevard intersection. In order to accommodate the Project, 1,359-square feet of Temporary Construction Easement and a permanent eight-feet wide area, referred to herein as the Dedicated Area, are required at this northwest corner, the Subject Property.
Pursuant to Government Code Section 7267.2 et seq., the City obtained an appraisal of the fair market value of the Subject Property Interests based on an August 24, 2019, date of value. The City Council set just compensation in accordance with the appraised fair market value and on December 16, 2019, extended to the owners of record a written offer to purchase a temporary construction easement. The Owner declined the City’s offer to purchase the temporary construction easement on January 15, 2020. From January 15, 2020, to June 29, 2020, City staff has attempted to negotiate in good faith with the Owner and their legal counsel, but those efforts have been unsuccessful. On June 29, 2020, the City staff sent the Owner and its attorney a notice of this hearing. On July 1, 2020, the Owner’ attorney submitted a letter and a request to appear at the City Council’s hearing. The letter, titled “Written Testimony,” is attached.
DISCUSSION:
The City Council has before it a proposed Resolution of Necessity for the acquisition of the Subject Property Interests, a temporary construction easement and an eight-foot area over portions of the real property located at 1727 Artesia Boulevard. The City is authorized to acquire the Subject Property Interests for a public use, namely for streets, highways and related purposes, and all purposes necessary and convenient thereto pursuant to California Constitution, Article I, Section 19, California Government Code sections 37350, 37350.5, 37351, 40401, 40401 and 65080 and the California Code of Civil Procedure sections 1230.010, et seq. (“Eminent Domain Law”), including, but not limited to sections 1240.010, 1240.020, 1240.110, 1240.120, and 1245.250, and other provisions of law. In order to authorize eminent domain, the Resolution requires a 4/5 vote of the City Council.
The Aviation Boulevard at Artesia Boulevard Southbound to Westbound Right Turn Lane Improvement Project will improve the operation and traffic flow along the Aviation Boulevard, by providing an additional exclusive right-turn only traffic lane in the southbound direction, enhance roadway safety, as well as reduce vehicular delay. At present, the City of Redondo Beach is undertaking a similar project on the southeast corner of the same intersection, addition of a right turn lane from northbound Aviation Boulevard to eastbound Artesia Boulevard.
In 2018, based on the Manhattan Beach General Plan Figure I-3, Intersection Level of Service (LOS), Aviation Boulevard and Artesia Boulevard currently operates at a LOS F in both the AM and PM peak hour. Accordingly, traffic demands on Aviation Boulevard and Artesia Boulevard exceed capacity, which is further impacted by the inadequate storage queues of turning movements (left and right) at the intersection. The addition of a southbound right-turn only lane would increase capacity and relieve congestion within the Project area.
The Project will help achieve the General Plan’s goal of having this important north-south major arterial built out to its ultimate width and thereby relieving the existing traffic congestion at this location. The Project is necessary to meet the goals and policies of the Mobility/Circulation Element of the City’s General Plan. Further, the Project will ensure that vehicles are able to circulate in a safe and efficient manner, including emergency vehicles vital to the public health and safety.
In order to adopt the Resolution of Necessity, City Council must find and determine, that:
• The public interest and necessity require the Project;
• The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
• The Subject Property Interests described in the Resolution of Necessity are necessary for the Project; and
• The City has made the offer required by Government Code Section 7267.2 to the record owners of the real property the City seeks to acquire.
This hearing relates only to issues A, B, C, and D above. The amount of just compensation is not an issue before City Council at this hearing.
Description of Project
Currently, Aviation Boulevard has a 64-foot curb to curb width and a 10-foot parkway and curb adjacent sidewalk. The roadway is separated by a striped median with one left-turn lane. Existing traffic volumes exceed capacity at this intersection and the intersection is operating at a LOS F for peak hour operations. Since Aviation Boulevard is the second most used north-south arterial in Manhattan Beach, it is believed that incremental improvements to traffic flow will be realized during the off-peak hours. Therefore, lane queue length should be based on available right-of-way.
The City proposes to widen the west side of Aviation Boulevard north of Artesia Boulevard to provide one additional exclusive right-turn only lane to southbound traffic. These improvements would address queuing deficiencies, improve roadway operations, and implement improvements consistent with the Manhattan Beach General Plan Transportation Element. The Project includes:
• Widening the west side of Aviation Boulevard to the north of the intersection at Artesia Boulevard to accommodate a 12.5 foot right-turn lane and an eight-foot pedestrian walkway;
• Constructing a new Americans with Disabilities Act (ADA) pedestrian curb ramp on the northwest corner of the Aviation Boulevard and Artesia Boulevard intersection;
• Re-striping the north leg of Aviation Boulevard; and
• Providing new crosswalk striping at the west and north legs of the intersection.
The Aviation/Artesia intersection is located in an area of the City with limited parking spaces and moderately heavy pedestrian usage. The design and subsequent construction should take into account the need for the lowest possible impact on the livelihood of the residents, visitors, and business owners.
The Project is needed to improve the operation and traffic flow within the Project area and to implement the planned roadway improvements. Aviation Boulevard is a north-south major arterial. The existing roadway carries two northbound and southbound through lanes. At present, the City of Redondo Beach is involved with a similar project on the southeast corner of the same intersection, addition of a right-turn lane from northbound Aviation Boulevard to eastbound Artesia Boulevard.
The Project will help achieve the General Plan’s goal of having this important north-south major arterial built out to its ultimate width and thereby relieving the existing traffic congestion at this location. The Project is necessary to meet the goals and policies of the Mobility/Circulation Element of the City’s General Plan. Further, the Project will ensure that vehicles are able to circulate in a safe and efficient manner, including emergency vehicles vital to the public health and safety.
City’s Actions Pursuant to Government Code Section 7267 et seq.
Pursuant to California Government Code Section 7267 et seq., the City obtained an appraisal of the fair market value of the Subject Property Interests, set just compensation in accordance with the appraised fair market values, and extended a written offer on December 16, 2019, to the owners of record. The City staff has been actively engaged in negotiations with the Owner through their legal counsel. On January 15, 2020, the Owner’ legal counsel responded to City staff asserting that the eight-foot dedication in the August 15, 2006, City Council Resolution No. 6055 is unenforceable because it was never recorded and was never disclosed to the current Owner prior to their purchase of the property. In addition, the Owner indicated that they intend to obtain their own independent appraisal to determine the value of the Subject Property Interests, as well as the value of the eight-foot dedication area. From January 15, 2020, to June 29, 2020, City staff has attempted to contact and negotiate in good faith with the Owner and their legal counsel. On June 29, 2020, the City staff sent the Owner and its attorney a Notice of Hearing informing them of the City Council hearing at 6 p.m. on July 21, 2020. On July 1, 2020, the Owner’s attorney submitted a request for inclusion of written testimony and a request to appear at the City Council’s hearing.
Following is a brief summary of the City’s actions with respect to the Subject Property Interests pursuant to Government Code Section 7267 et seq.
• 1727 Artesia Boulevard - APN 4163-008-044
Pursuant to Government Code Section 7267.2 et seq., the City obtained an appraisal of the fair market value of the Subject Property Interests based on an August 24, 2019, date of value. The City Council set just compensation in accordance with the appraised fair market value and on December 16, 2019, extended to the owners of record a written offer to purchase the Temporary Construction Easement. The remainder portion of the real property is improved with commercial uses. The Owner declined the City’s offer to purchase on January 15, 2020. From January 15, 2020, to June 29, 2020, the City staff has attempted to contact and negotiate in good faith with the Owner and its legal counsel.
Required Findings for the Adoption of the Resolution of Necessity
A. The Public Interest and Necessity Require the Project
The City seeks to acquire the Subject Property Interests for a public use, to widen west side of Aviation Boulevard north of Artesia Boulevard, and other associated improvements. The Project will help achieve the General Plan’s goal of having this important north-south major arterial built out to its ultimate width and thereby relieving the existing traffic congestion at this location. The Project is necessary to meet the goals and policies of the Mobility/Circulation Element of the City’s General Plan. Further, the Project will ensure that vehicles are able to circulate in a safe and efficient manner, including emergency vehicles vital to the public health and safety.
The Project is needed to improve the operation and traffic flow within the Project area and to implement the planned roadway improvements. Aviation Boulevard is a north-south major arterial. The existing roadway carries two northbound and southbound through lanes. At present, the City of Redondo Beach is involved with a similar project on the southeast corner of the same intersection, addition of a right-turn lane from northbound Aviation Boulevard to eastbound Artesia Boulevard.
In 2018, based on the Manhattan Beach General Plan Figure I-3, Intersection Level of Service (LOS), Aviation Boulevard and Artesia Boulevard currently operate at a LOS F in both the AM and PM peak hour. Accordingly, traffic demands on Aviation Boulevard and Artesia Boulevard exceed capacity, which is further impacted by the inadequate storage queues of turning movements (left and right) at the intersection. The addition of a southbound right-turn only lane would increase capacity and relieve congestion within the Project area.
Therefore, the widened Aviation Boulevard will accommodate one additional 12.5-foot right-turn lane and an eight-foot pedestrian walkway in the southbound direction. A new ADA pedestrian curb ramp on the northwest corner of the Aviation Boulevard and Artesia Boulevard intersection will be constructed. The north leg of Aviation Boulevard will be restriped. A new crosswalk striping at the west and north legs of the intersection will be painted. The acquisition of the TCE required for the Project is the last remaining step to completing the Project.
B. The Project is Planned or Located in a Manner that Will Be Most Compatible with the Greatest Public Good and Least Private Injury
The Project is a segment of Aviation Boulevard north of Artesia Boulevard in the City. The Project includes widening the west side of Aviation Boulevard north of Artesia Boulevard to accommodate one additional 12.5-foot right-turn lane and an eight-foot pedestrian walkway in the southbound direction. A new ADA pedestrian curb ramp on the northwest corner of the Aviation Boulevard and Artesia Boulevard intersection will be constructed. The north leg of Aviation Boulevard will be restriped. A new crosswalk striping at the west and north legs of the intersection will be painted.
The Project will require the acquisition of the Temporary Construction Easement and the eight-foot Dedicated Area over private property for the Aviation Boulevard widening purposes. The acquisition of the Subject Property Interests will allow the City to plan and proceed to construct the Project.
As planned and located, the Project will ensure that the west side of Aviation Boulevard north of Artesia Boulevard is widened so as to alleviate the existing traffic congestion at this intersection. The Project will promote traffic circulation and alleviate unacceptable levels of traffic congestion along this segment of Aviation Boulevard within the City and the region. The Project will ensure that vehicles are able to circulate in a safe manner, including emergency vehicles vital to the public health and safety.
The Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury. The Project will complete the widening of the west side of Aviation Boulevard north of Artesia Boulevard and allow safe traffic flow. The City is acquiring only what is needed-the TCE and the Dedicated Area-in order to construct and complete the Project. The City has agreed to implement several mitigation measures to minimize onsite disruptions, maintaining access to the property, and to ensure the continued viability of the business operating on site. The structures on the property will not be affected by the Project.
C. The Subject Property Interests Described in the Resolution of Necessity are Necessary for the Project
The Project requires the acquisition of the Subject Property Interests to stage and construct the proposed roadway improvements: a right-turn only lane in southbound direction to alleviate the existing traffic congestion. The widened Aviation Boulevard will provide one additional 12.5-foot right-turn lane and an eight-foot pedestrian walkway in the southbound direction. A new ADA pedestrian curb ramp on the northwest corner of the Aviation Boulevard and Artesia Boulevard intersection will be constructed. The north leg of Aviation Boulevard will be restriped. A new crosswalk striping at the west and north legs of the intersection will be painted. The acquisition of the Subject Property Interests is the last remaining step in securing the necessary right-of-way for the Project. The right-of-way improvements for the Project cannot be constructed without the acquisition of the Subject Property Interests because if the Subject Property Interests are not acquired, the City will not be able to widen Aviation Boulevard at this location.
D. The City Has Made the Offer Required by Government Code Section 7267.2 to the Record Owners of the Subject Property Interests
As explained more fully above, the City, pursuant to Government Code Section 7267.2 et seq., obtained an appraisal of the fair market value of the Subject Property Interests, set just compensation in accordance with the appraised fair market value, and extended a written offer to the record owners of the Subject Property Interests. The written offer with supporting attachments and information were mailed to the record owners on December 16, 2019. A true and correct copy of the offer letter is on file in the City’s Public Works Department, and is incorporated into this Report by reference. The acquisition of the Subject Property Interests will not impact the existing commercial structures. As discussed above, the Owner have declined the City’s offer of just compensation on January 15, 2020. The City staff has not received an acceptance or counteroffer to its attempts to communicate and further negotiate with the Owner and their attorney. The schedule of the Project now requires that City Council consider the proposed Resolution of Necessity at this time.
The adoption of the Resolution of Necessity requires a vote of 4/5 of the members of the City Council.
ATTACHMENTS:
1. Resolution No. 20-0090
2. Site Location Map
3. Owner’ Written Testimony and Request