FROM:
Engineering
SUBJECT:
Title
Approve the Stipulation for Final Judgement in the Acquisition of Property from Southern California Edison for the Etiwanda Avenue at Slover Avenue Intersection Widening Project
End
RECOMMENDATION:
Recommendation
1. Approve and authorize the City Manager to execute the Stipulation for Final Judgement issued by the Superior Court of the State of California, County of San Bernardino, Central District.
2. Authorize the payment of $471,500 to Southern California Edison for the acquisition of property for the Etiwanda Avenue at Slover Avenue Intersection Widening Project.
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COUNCIL GOALS:
• To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
• To invest in the City’s infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
• To invest in the City’s infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.
• To invest in the City’s infrastructure (streets, sewers, parks, etc.) by utilizing Measure-I Funds wisely.
DISCUSSION:
The Etiwanda Avenue at Slover Avenue Intersection Widening Project will widen Etiwanda Avenue from approximately 960 feet south of Slover Avenue to approximately 730 feet north of Slover Avenue. Slover Avenue and Airport Drive will also be widened to accommodate additional turning lanes at the intersection. This is a cooperative project with the City of Ontario in which the City of Fontana is the lead agency for right of way acquisition, design, and construction.
On January 28, 2020, in a closed session, the City Council approved an appraised amount of $443,000.00 for the acquisition of property from Southern California Edison (SCE) for the Etiwanda Avenue at Slover Avenue Intersection Widening Project. An offer in the amount of $443,000.00 was made to SCE but an agreement was not reached. On May 26, 2020, the City Council approved a Resolution of Necessity (RON) for the acquisition of property from SCE through eminent domain. On May 18, 2021, an order for Prejudgment Possession of the SCE property was granted by the Superior Court of the State of California, County of San Bernardino and a deposit was made to the Court in the amount of $443,000.00 while settlement negotiations continued.
A Stipulation for Final Judgement has been issued outlining the agreement between the City and SCE for the acquisition of the subject property. The Judgement identifies the final compensation amount of $471,000.00 for the purchase of the property acquisition which will be paid to SCE within 30 days after the Court’s entry of the fully executed Stipulated Judgment. The Sum of $443,000.00 deposited to the court will be refunded to the City once payment is made to SCE.
FISCAL IMPACT:
The funding for this project is included in the FY 2024-25 Capital Improvement Program Budget in Project 37603350 from the Measure I Arterial Fund 245 and the matching Circulation Mitigation Fund 630.
MOTION:
Approve staff recommendation.