REPORT TO THE CITY COUNCIL
FROM: RANDALL W. MORRISON, PE, Director
Capital Projects Department
SCOTT L. MOZIER, PE, Director
Public Works Department
BY: BRIAN E. RUSSELL, Assistant Director
Public Works Department, Streets, Landscape, and Graffiti Divisions
NANCY BRUNO, Supervising Real Estate Agent
Capital Projects Department, Capital Administration Division
SUBJECT
Title
Actions pertaining to the Shields Avenue Paving Project from Parkway Drive to Brawley Avenue (Council District 1):
1. Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/ Class 1 and Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines.
2. Approve the Agreement for Purchase and Sale of a Permanent Street Easement and Escrow Instructions to acquire a permanent easement and right of way for public street purposes on a 0.23-acre (10,450 square feet) unimproved portion of a 12.73-acre (554,519 square feet) parcel, located at 3051 North Mosswood Drive (Assessor’s Parcel Number (APN) 433-09-023S), owned by Green Acres MH, LLC, a California limited liability company, in the amount of $47,100.
Body
RECOMMENDATIONS
Staff recommends that the City Council: (1) Adopt a finding of Categorical Exemption per staff determination pursuant to Section 15301/Class 1 and Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines; (2) Approve the Agreement for Purchase and Sale of a Permanent Street Easement and Escrow Instructions to acquire a permanent easement and right of way for public street purposes on a 0.23-acre (10,450 square feet) unimproved portion of a 12.73-acre (554,519 square feet) parcel located at 3051 North Mosswood Drive (APN 433-09-023S), owned by Green Acres MH, LLC, a California limited liability company for a total amount of $47,100 in monetary consideration for the Shields Avenue Paving Project from Parkway Drive to Brawley Avenue (Project), and authorize the Capital Projects Director or designee to sign on behalf of the City all documents necessary to complete the subject acquisition.
EXECUTIVE SUMMARY
The subject acquisition, as memorialized in the Agreement for Purchase and Sale of a Permanent Street Easement and Escrow Instructions, will provide the City with a permanent street easement and right of way for public street purposes from 3051 North Mosswood Drive (APN 433-09-023S). This easement is necessary to construct the street improvements and widening of the north side of Shields Avenue from Brawley Avenue to Parkway Drive as part of the Shields Avenue Paving Project from Parkway Drive to Brawley Avenue. The Project requires 0.23-acre (10,450 square feet) of permanent street easement and right of way to construct the street improvements including new sidewalk, curb, gutter, drive approaches, the replacement and addition of accessible ramps, and widening of Shields Avenue.
On August 14, 2023, the parcel owner, Green Acres MH, LLC, a California limited liability company, accepted the appraised value of $47,025, rounded to $47,100 for the acquisition of the 0.23-acre unimproved portion of APN 433-09-023S, and executed the Agreement for Purchase and Sale of a Permanent Street Easement and Escrow Instructions and accompanying Deed of Easement.
BACKGROUND
The City’s Street Maintenance Division of the Public Works Department is planning a paving project on Shields Avenue between Parkway Drive and Brawley Avenue. To comply with the City of Fresno Complete Streets Policy, curb, gutter, sidewalk and widening of the roadway pavement is required. The subject area for the acquisition is missing the above-noted infrastructure and is not located within the City of Fresno’s right of way. The City’s Street Maintenance Division is requesting the acquisition of a permanent street easement and right of way for public street purposes to comply with the City of Fresno’s Complete Streets Policy. Funding for this Project is provided by the SB1 Gas Tax. Construction is planned for FY2025 SB1 Gas Tax project submission, and pending Council approval, construction would commence in FY2025.
The City’s Real Estate staff met with the property owner’s representative to discuss purchasing a 0.23-acre (10,450 square feet) portion in permanent street easement and right of way for public street purposes from a portion of the 12.73-acre (554,519 square feet) parcel, improved with a mobile home park and a clubhouse. The easement/acquisition area is located on the south portion of the parcel, on the south side of the existing block wall, parallel to Shields Avenue, and will not impact any improvements on the Property.
The City’s Real Estate staff retained Real Property Analysts to prepare an appraisal report of fair market value of the subject property for the Project. During this process, it was confirmed that there are no improvements on the Property that would be affected by the Project and acquisition. Real Property Analysts prepared an appraisal report, giving a value to the portion of the parcel to be acquired of $47,025, rounded to $47,100.
City Real Estate Staff mailed a formal offer to purchase a permanent street easement and right of way for public street purposes to the property owner on April 14, 2023. The owner accepted and signed the Agreement and Deed on August 14, 2023.
The City Attorney’s Office has reviewed and approved the environmental findings, purchase agreement, and deed of easement as to form.
ENVIRONMENTAL FINDINGS
City staff has performed an environmental assessment of this project and has determined that it falls within the Categorical Exemption set forth in CEQA Guidelines, Section 15301/Class 1 (Existing Facilities), for projects involving Minor Alterations to Land, consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use, and Section 15332/Class 32 (In-Fill Development Projects), for (a) projects consistent with the applicable general plan designation and all applicable general plan policies as well as with the applicable zoning designation and regulations, and (d) approval of the project would not result in any significant effects relating to traffic, noise , air quality, or water quality. The proposed project includes roadway reconstruction, roadway improvements, and acquisition of right-of-way along existing roadways and would not result in the addition of through vehicle lanes or otherwise change the vehicle capacity of the roadways, nor will the project deviate from the Fresno general plan. Furthermore, City staff has determined that none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this project.
LOCAL PREFERENCE
Local preference was not considered because this agreement does not include a bid for or award of a construction or services contract.
FISCAL IMPACT
The proposed project falls within City Council District 1. Funding for this project will be SB1 Gas Tax and will have no impact to the General Fund. All funds necessary for the subject acquisition are included in the current fiscal year budget.
Attachment(s):
CEQA Environmental Assessment
Purchase and Sale Agreement
Deed of Easement
Vicinity Map
Location Map