Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER
DATE: AUGUST 8, 2023
SUBJECT: PURCHASE AND ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 9920 LAKEWOOD BOULEVARD
EXECUTIVE SUMMARY
The City Council will consider adopting a resolution approving the agreement to purchase real property consisting of a temporary construction easement from the owners of the property located at 9920 Lakewood Boulevard to facilitate construction for the Lakewood Boulevard at Florence Avenue Intersection Improvement Project. The acquisition of the temporary construction easement will be necessary in order to allow the City’s contractor to occupy a portion of said property to complete the work on the project located in this area.
RECOMMENDATION
That the City Council:
1. Adopt Resolution No. 23-8185, approving the purchase and acquisition of a Temporary Construction Easement for property located at 9920 Lakewood Boulevard pursuant to the adopted Mitigated Negative Declaration for the “Lakewood Boulevard at Florence Avenue Intersection Improvement Project;” and
2. Authorize the City Manager, or his designee, to execute the Agreement to Purchase Real Property with Kitsigianis Properties, LLC a California limited liability company, as to an undivided 55% interest; Demetrios K. Bakolas and Konstantina D. Bako las, Trustees of the Bakolas Family Trust, as to an undivided 30% interest; and Geliann Kitsigianis, or her successor(s), as Trustee of the Geliann Kitsigianis Revocable Trust dated December 30, 2014, as may be amended, as to an undivided 15% interest, subject to Item No. 14 in the amount of $400, including any non-substantive extensions and amendments.
APPROVED BY
CITY MANAGER
9920 LAKEWOOD BOULEVARD AGREEMENT TO PURCHASE REAL PROPERTY – ADOPT RESO AUGUST 8, 2023
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2 BACKGROUND
The Florence Avenue at Lakewood Boulevard intersection is a junction of two major arterial streets within the northeastern quadrant of the City. This intersection is included as one of several study intersections in the I-605 Corridor Hot Spots Congestion Study and one of four study intersections within the City of Downey. This intersection currently accommodates an average daily traffic volume of approximately 72,000 vehicles per day (VPD) with existing Levels-of-Service (LOS) of “E” and “F” during AM and PM peak hours, respectively. The LOS is a rating system used to gauge the degree of congestion at an intersection or on a highway or street, with LOS “A” being the least congested and LOS “F” being the most congested. Generally, a LOS of “D” or better is considered acceptable.
The traffic volume at this location is expected to increase by 26% to approximately 91,000 VPD by year 2035. As such, it is expected that the LOS during AM and PM peak hours will remain at levels “E” and “F”, respectively, without improvements to the intersection.
An analysis was subsequently completed through the I -605 Corridor Congestion Hot Spots Study which identified specific capacity improvements needed to accommodate the projected traffic volume growth and improve the performance of the intersection during peak hours. The improvements include additional left-turn lanes in the southbound and northbound directions on Lakewood Boulevard as well as an exclusive right turn lane in the westbound direction on Florence Avenue. Sa id capacity improvements will require widening of the intersection approaches and departures along Florence Avenue and Lakewood Boulevard which, in turn, will require the acquisition of portions of adjacent private properties and temporary construction easements.
One of the impacted properties is the Woodlake Center located at 9920 Lakewood Boulevard. The location of this property along with the portion of this property which will be impacted by the project is shown in Attachment A.
ANALYSIS
A property appraisal has been completed for the acquisition of the temporary construction easement at 9920 Lakewood Boulevard. Based on the appraisal, a just compensation amount of $400 has been determined for said temporary construction easement. An offer in the amount of $400 was submitted to the property owner along with the purchase agreement. The owner has accepted the offer and has signed the agreement.
The adoption of the attached resolution (Attachment B) will be necessary in order to execute the purchase agreement (Exhibit “A”) and to move the acquisition process forward. Staff recommends adoption of the resolution and approval of the agreement.
Following execution of the agreement, the acquisition of the permanent road easement and temporary construction easement will go through escrow with the City taking possession of the portion of the property approximately 30 days thereafter.
9920 LAKEWOOD BOULEVARD AGREEMENT TO PURCHASE REAL PROPERTY – ADOPT RESO AUGUST 8, 2023
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Construction of the Florence Avenue at Lakewood Boulevard Intersection Improvement Project is expected to commence in July 2024 and be completed by September 2024. A Mitigated Negative Declaration (MND) was completed for this project in October 2020 and adopted by the City Council on November 10, 2020. Per the adopted MND, the aforementioned temporary construction easement acquisition will have a less than significant impact with mitigation measures incorporated.
CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure
FISCAL IMPACT
Approval of the recommended action will result in an expenditure of $400 from the Grant Fund in Account No. 26-1-6746 as previously approved in the FY 2023-24 Capital Improvement Program. There is sufficient fund balance for the recommended action.
ATTACHMENTS
Attachment A: 9920 Lakewood Boulevard Location Map
Attachment B: Resolution Approving Agreement to Purchase Real Property
ATTACHMENT A 9920 Lakewood Blvd. (APN 6390-010-047)
ATTACHMENT B
RESOLUTION NO. 23-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
THE PURCHASE AND ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT FOR PROPERTY LOCATED AT 9920 LAKEWOOD BOULEVARD
PURSUANT TO THE ADOPTED MITIGATED NEGATIVE DECLARATION FOR THE “LAKEWOOD BOULEVARD AT FLORENCE AVENUE INTERSECTION
IMPROVEMENT PROJECT”
WHEREAS, the City of Downey (“City”) has negotiated a purchase agreement with Kitsigianis Properties, LLC a California limited liability company, as to an undivided 55% interest; Demetrios K. Bakolas and Konstantina D. Bakolas, Trustees of the Bakolas Family Trust, as to an undivided 30% interest; and Geliann Kitsigianis, or her successor(s), as Trustee of the Geliann Kitsigianis Revocable Trust dated December 30, 2014, as may be amended, as to an undivided 15% interest, subject to Item No. 14 (“Seller”), pursuant to which the City would acquire a Temporary Construction Easement (“Easement”) located at 9920 Lakewood Boulevard, Downey, CA for a purchase and acquisition price of Four Hundred Dollars ($400.00) (“Agreement”); and
WHEREAS, on September 14, 2021, the City Council, pursuant to the California Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.) (CEQA), and the State CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.) determined that a Mitigated Negative Declaration (MND) be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of the Lakewood Boulevard at Florence Avenue Intersection Improvements project (“Project”); and
WHEREAS, pursuant to CEQA, when taking subsequent discretionary actions in furtherance of a project for which an Environmental Impact Report (EIR) has been certified, the lead agency is required to review any changed circumstances to determine whether any of the circumstances under Public Resources Code section 21166 and State CEQA Guidelines Section 15162 require additional environmental review; and
WHEREAS, the purchase and acquisition of the Easement has been evaluated in light of the standards for subsequent environmental review outlined in Public Resources Code section 21166, and State CEQA Guidelines section 15162; and
WHEREAS, based on that evaluation, the MND fully analyzed and mitigated all potentially significant environmental impacts, if any, that would result from the purchase and acquisition of the Easement, and therefore, no subsequent EIR or mitigated negative declaration is required; and
WHEREAS, the City Council has determined that approval of the Agreement and the sale transaction contemplated thereby, are in the best interest of the City and the public health, safety and welfare.
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Having considered the administrative record, the MND and all written and oral evidence presented to the City Council, the Council finds that all environmental impacts of the purchase and acquisition of the Easement have been addressed within the MND. The City Council finds that no new or additional mitigation measures are required. The Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the purchase and acquisition of the Easement may result in any significant environmental impacts beyond those analyzed in the MND.
RESOLUTION NO.
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SECTION 2. The City Council of the City of Downey hereby (i) approves the Agreement, a copy of which attached hereto as Exhibit “A”, and is on file with the City Clerk, (ii) if required, authorizes and directs the City Manager to make final changes to the Agreement consistent with the City Council’s direction, and (iii) authorizes the Mayor to execute the final Agreement and any other documents and agreements necessary to complete the sale transaction contemplated by the Agreement.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 8th day of August, 2023.
________________________________
CLAUDIA M. FROMETA, Mayor
ATTEST:
__________________________________
MARIA ALICIA DUARTE, CMC
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 8th day of August, 2023, by the following vote, to wit:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_________________________
MARIA ALICIA DUARTE, CMC
City Clerk
EXHIBIT "A"