REPORT TO THE CITY COUNCIL
September 28, 2017
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
CRAIG L. HANSEN, Supervising Real Estate Agent
Public Works Department, Real Estate Services Section
SUBJECT
Title
Authorize the City Manager or designee to execute six grant deeds for the return of property adjoining an alley near E. Kings Canyon and S. Backer Street to six property owners (APN 470-081-22, 470-081-24, 470-081-25, 470-081-26, 470-081-27 and 470-081-28) (Council District 5).
Body
RECOMMENDATION
Staff recommends the Council approve the return of a one-foot strip of excess property located next to an alley between E. Kings Canyon and S. Backer Street to Michael Le Roy Spain (APN 470-0081-22), James & Laura Healy (APN 470-081-24), Claude & Irene Saiz (APN 470-081-25), Pedro & Leticia Santana (APN 470-081-26), Julio Gutierrez-Perez & Jorge Gutierrez (APN 470-081-27) and Juan & Lourdes Hernandez (APN 470-081-28).
EXECUTIVE SUMMARY
In 2006, the City through a partnership with the Redevelopment Agency (RDA) acquired property at the southwest corner of E. Kings Canyon and S. Backer to construct a police substation. Part of the plan was to vacate the alley and purchase an additional one-foot strip from six property owners on the south side of the alley. A block wall would be constructed and would replace the six privately owned wooden back yard fences. Due to funding constraints and other issues, the police substation was never constructed and the project was abandoned. Today, the fences remain on the one-foot strip purchased by the City and have begun to deteriorate. Staff has recommended the best solution is to deed back the one-foot strip to all of the impacted property owners. Staff notified all of the owners in July 2017 of the proposed solution and none of the owners objected.
BACKGROUND
At least one of the wooden fences has fallen into a state of disrepair. That particular property owner is unable to rebuild the fence because it is on city property. This situation will compound itself as the remaining property owners will soon need new fences located on a one-foot strip of property currently owned by the City of Fresno. Since the police substation project was cancelled and the alley was not vacated, the City has no future use for the one-foot strip. Staff recommends the strip be deeded back to the six property owners.
The City Attorney has reviewed and approved the purchase and sale agreement along with the grant deeds as to form.
ENVIRONMENTAL FINDINGS
The return of the property is not a “project” within the meaning of the California Environmental Quality Act Guidelines section 15378 because the transaction will not result in direct or indirect physical changes to the environment.
LOCAL PREFERENCE
Local preference was not considered because the City’s return of property does not include a bid or award of a construction or services contract.
FISCAL IMPACT
No money is exchanging hands. Staff costs to accomplish the transaction are being funded through General Fund dollars in the Public Works Department operating budget.
Attachment: APN map of the impacted properties