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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Authorize budget transfer for the
acquisition of real property by eminent domain for
the extension of Giovanola Avenue, north of 2nd
Street.
Dept: Development Services
Date: November 9,2005
File No.15.05-231 MCC Date: 12-05-2005
Synopsis of Previous Council Action:
03-07-2005 - Adopted Negative Declaration for the acquisition of right-of-way and construction
of street improvements.
08-01-05 - Resolution No. 2005-263 was adopted establishing a revised fair market value of
$207,000.00.
09-06-2005 - Resolution No. 2005-308 was adopted detennining that the public interest and
necessity require the acquisition of the real property located on the northeast comer of 2nd and
Viaduct Blvd. relative to the extension of Giovanola Avenue.
Recommended Motion:
That the Director of Finance be authorized to amend the FY 2005-06 AS 2928 Traffic
Congestion'ReliefFund budget and transfer $145,000 from account number 135-378-5504-
7319 and $62,000 from account number 135-378-5504-7307 into account No. 135-378-5720-
7319 for a total of $207,000 to be used for the acquisition of right-of-way relative to the
extension of Giovanola A venue, north of 2nd Street. J t::""'" h
,(L/VY\J14 , ,,",""K.--
James Funk
LASZLO "Les" FOGASSY
Contact person:
Supporting data attached: Staff Report
Ward:
FUNDING REQUIREMENTS: Amount:
$207,000.00
Source: (Acct. No.) 135-378-5720-7319
(Acct. Dt:scription) AS 2928 Traffic Congestion
Relief Fund & CIP SS04-37
Finance:
Council Notes:
Agenda Item No. .;1.1
I ~ S/OS'
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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT: Authorize budget transfer for the acquisition of real property by eminent domain for
the extension of Giovanola A venue, north of 2nd Street.
BACKGROUND:
The extension of Giovanola A venue from 2nd Street to 3 rd Street has been determined necessary
to improve traffic circulation in the area relative to the proposed street improvements south of
the Santa Fe Depot. The portion to be acquired for this expansion purpose is a vacant, dirt lot
and is part of a larger parcel located between 2nd and 3rd Streets, south of the depot.
The City has been unsuccessful in negotiating the purchase of the land with the owner. On
March 7, 2005 a negative declaration was adopted for the acquisition of right-of-way and
construction of street improvements. And, on August I, 2005, Resolution No. 2005-263 was
adopted establishing the fair market value at $207,000.00 (Two Hundred Seven Thousand
Dollars).
On September 6, 2005 the Mayor and Common Council adopted Resolution No. 2005-308 which
determined that the public interest and necessity required the acquisition of the real property and
authorized and directed the City Attorney's office to initiate eminent domain proceedings to
acquire the property, which will require a deposit of the purchase offer of $207,000 to be
deposited into the State Condemnation Fund.
A budget transfer for the amount of $207,000.00 (Two Hundred Seven Thousand Dollars) from
two CIP accounts needs to be accomplished as follows: $145,000 (One Hundred Forty-Five
Thousand Dollars) from AB 2928 Traffic Congestion Relief Fund (135-378-5504-7319) and
$62,000 (Sixty-Two Thousand Dollars) from CIP SS04-37 Streets & Street Lighting (135-378-
5504-7307) into Account No. 135-378-5720-7319. This amount will be deposited into the State
Condemnation Fund as part of the eminent domain proceedings.
The $145,000 amount is from the fund designated for the right of way acquisition for the
extension of Giovanola A venue. The additional $62,000 from CIP SS04-07 is from the fund
designated for 2nd Street median improvements and street rehabilitation. The amount remaining
in this fund after the transfer ($68,000), will not be sufficient to complete that project and will
be deferred to next fiscal year.
FINANCIAL IMPACT:
Two Hundred Seven Thousand Dollars ($207,000) to be paid from two CIP accounts: $145,000
(One Hundred Forty-Five Thousand Dollars) from AB 2928 Traffic Congestion Relief Fund
(135-378-5504-7319) and $62,000 (Sixty-Two Thousand Dollars) from CIP SS04-37 (135-378-
5504-7307).
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RECOMMENDATION:
That the Director of Finance be authorized to amend the FY 2005-06 AB 2928 Traffic
Congestion Relief Fund budget and transfer $145,000 from account number 135-378-5504-7319
and $62,000 from account number 135-378-5504-7307 into account No. 135-378-5720-7319 for
a total of $207,000 to be used for the acquisition of right-of-way relative to the extension of
Giovanola Avenue, north of 2nd Street.
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