REPORT TO THE CITY COUNCIL
December 18, 2014
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic and Engineering Services Division
CRAIG L. HANSEN, Supervising Real Estate Agent
Public Works Department, Real Estate Services Section
PETE CALDWELL, Senior Real Estate Agent
Public Works Department, Real Estate Services Section
SUBJECT
Title
HEARING to consider:
1. Consider and adopt the Environmental Finding of Conformity to the 2025 General Plan Master Environmental Impact Report ("MEIR") No. 10130 and the Mitigated Negative Declaration for Plan Amendment A-09-02 ("Air Quality MND") prepared for Environmental Assessment No. EA-13-003, for street widening and the installation of curb, gutter, and sidewalk
2. ***RESOLUTION of Public Use and Necessity for the acquisition of a street easement for the construction of intersection improvements at Shields Avenue and Fowler Avenue and public road purposes from Assessor's Parcel Number 496-192-10s owned by Forest Sunrise, LLC (Requires 5 affirmative votes) (Council District 4)
Body
RECOMMENDATIONS
Staff recommends that the City Council adopt a Resolution of Public Use and Necessity, to authorize acquisition by eminent domain, and to adopt a mitigated negative declaration, and authorize an eminent domain action to acquire street right-of-way for intersection improvements at Shields Avenue and Fowler Avenue through and across real property owned by Forest Sunrise, LLC (APN 496-192-10s) in the City of Fresno.
EXECUTIVE SUMMARY
The intersection of Shields and Fowler needs to be widened to accommodate the current and future traffic volumes. All of the corners except for the southwest have been widened and improved. Property on the southwest corner of the intersection needs to be acquired to complete the improvements. This work is a capital improvement project being performed by the Public Works Department.
City staff has not been able to negotiate a purchase agreement with the landowner, Forest Sunrise, LLC. The land needed was appraised by Hamilton Associates who set the value at $75,800. An offer for this amount was presented to the property owner's representative on January 23, 2014. He has not returned phone calls or responded to letters or emails to finalize the negotiations.
It is necessary to commence the eminent domain action at this time so that possession of the required acquisitions can be obtained. The order of possession process usually takes four to nine months to conclude. Staff recommends Council adopt the recommended Resolution of Public Use and Necessity which authorizes the City Attorney to initiate an eminent domain action and obtain an order of possession of the property. It requires five votes for approval and is subject to veto by the Mayor.
BACKGROUND
The City proposes to construct an additional east bound travel lane and bike lane along East Shields Avenue for a distance of 650 feet heading west from North Fowler Avenue. The City will also construct southbound travel lane and bike lane along North Fowler Avenue for a distance of 525 feet heading south from Shields Avenue. The project also includes constructing curb and gutter on the south side of East Shields Avenue and the west sided of North Fowler Avenue. The project further includes the installation of a curb ramp at the southwest corner of East Shields Avenue and North Fowler Avenues, the modification and relocation of the existing traffic signal on this corner, and the installation of a bus bay along North Fowler Avenue, just south of the corner. There are no existing structures or other improvements on this property. The City Attorney's Office has reviewed and approved as to form the proposed Resolution of Necessity.
ENVIRONMENTAL FINDINGS
Development and Resource Management Department staff has prepared an initial study of the above-described project and it has been determined to be a subsequent project that is fully within the scope of the Master Environmental Impact Report (MEIR) No. 10130 (SCH # 2001071097), and Mitigated Negative Declaration (MND) No. A-09-02 (SCH # 200951016) (Air Quality MND). Therefore, the Development and Resource Management Department proposes to adopt a Finding of Conformity for this project.
With the mitigation imposed, there is no substantial evidence in the record that this project may have additional significant, direct, indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the MEIR or Air Quality MND. After conducting a review of the adequacy of the MEIR and Air Quality MND pursuant to Public Resources Code, Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the Air Quality MND was adopted and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete and the Air Quality MND was adopted, has become available. The project is not located on a site which is included on any of the lists enumerated under Section 62962.5 of the Government Code including, but not limited to, lists of hazardous waste facilities, land designated as hazardous wasted property, hazardous waste disposal sites and others, and the information in the Hazardous Waste and Substances statement required under subdivision (f) of that Section.
The legal description and a sketch of the easement to be acquired is shown as Exhibit "A" on the attached Resolution of Public Use and Necessity, which has been prepared and approved by the City Attorney's Office, with findings as follows:
1. The public interest and necessity require the proposed project.
The widening of the Fowler Avenue and Shields Avenue intersection to provide for east bound travel and bike lane along E. Shields Avenue and to provide south bound travel and bike lanes along S. Fowler Avenue. These improvements will significantly improve the flow of traffic through the intersection. These improvements will result in fewer delays and improve air quality for the area.
2. The proposed project is planned in a manner that will be most compatible with the greatest public good and the least private injury.
This project will improve deficient local circulation network that does not adequately accommodate local development and provide consistency with existing and planned local and regional development. The project cannot be constructed without acquiring this acquisition for permanent street easements and rights-of-way being sought.
3. The property is necessary for the proposed project.
It is necessary to acquire the subject property in order to construct the needed travel and bike lanes along Fowler and Shields Avenues which will improve the circulation pattern at this intersection.
4. An offer to purchase the required street easement has been made pursuant to Section 7267.2 of the Government Code.
A written offer of the full appraised fair market value has been delivered (January 23, 2014) to the owner or the owners' representative of the affected property pursuant to the requirements of the California Government Code.
LOCAL PREFERENCE
Local preference was not implemented because this does not involve a competitive bid.
FISCAL IMPACT
The will be no General Funds used in the acquisition process for this project. Construction funds are available this fiscal year through a local Proposition 111 Gas Tax funds, Citywide Traffic Signal Mitigations Impact Fees and New Growth Area Major Street Impact Fees. Project number PW 00631, Fund Number 24053, Org number 189901 has been established to disburse the necessary funds for the acquisition of the easements and to pay for litigation, including staff time.
Attachment:
Resolution of Public Use and Necessity