REPORT TO THE CITY COUNCIL
October 29, 2015
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
THROUGH: ANDREW J. BENELLI, PE, City Engineer/Assistant Director
Public Works Department, Traffic and Engineering Services Division
BY: DAVID CISNEROS, Project Administrator
Public Works Department, Traffic and Engineering Services Division
SUBJECT
Title
Actions related to Measure “C” Transit Oriented Development (TOD) Projects in the Cultural Arts District (Council District 3)
1. Approve a Reimbursement Agreement with FFDA Properties LLC for $113,457 for the Met Block Project Off-site Improvements under Round 4 of the 2014 funding cycle for the Measure “C” TOD Program. (Council District 3)
Body
RECOMMENDATION
Staff recommends that the Council approve a Reimbursement Agreement in substantially the form attached, for construction of Met Block Off-site Improvements.
EXECUTIVE SUMMARY
On February 27, 2014, the Council adopted Resolution No. 2014-37, authorizing submission of an application for grant funds under the TOD program. The Resolution included the off-site improvements for the Met Block Project, in the amount of $229,799. The project scope for the Met Block Project will include the construction of off-site improvements along the abutting frontages of the project site, such as curbs, gutters, sidewalks and paving on Stanislaus Street, Fulton Street and Calaveras Street. On June 10, 2015, the FCTA Board approved the allocation of additional TOD funds in the amount of $108,457 for the Met Block Project. On October 14, 2015 the FCTA Board approved the Cooperative Agreement for the City to be able to draw down the now available funds. The attached Reimbursement Agreement will allow for the City to reimburse FFDA Properties LLC, a branch of Granville Homes Inc., for eligible project costs.
BACKGROUND
The Measure "C" Extension (2007-2027) approved by the voters of Fresno County includes a number of subprograms including regional street and highway projects, airport funding, transit, flexible funding, street maintenance, bicycle lanes, trails and environmental enhancements, as well as several others. Under the Environmental Enhancement Allocation Program, the Measure "C" Expenditure Plan includes the TOD Program, the purpose of which was to provide funding to support planning, incentives and infrastructure related to infill, higher-density TOD types of development.
On February 27, 2014, the Council adopted Resolution No. 2014-37, authorizing submission of an application for grant funds under the TOD program. This resolution included the Met Block Project off-site Improvements along the abutting project frontages of Calaveras Street, Stanislaus Street, and Fulton Street, in the amount of $229,799. However, only $121,342 was available during the Third Cycle of funding. On June 10, 2015 FCTA made the balance of the funds available.
In order to complete the project and allow for reimbursement of project costs from the Measure "C" TOD funds, the Council on September 22nd approved a cooperative agreement with FCTA. On October 28, 2015, the FCTA Board ratified the Cooperative Agreement.
The original agreement for Phase 1 of the Met Project included a $5,000 City administrative charge. However, staff has determined that the Met Project did not warrant the inclusion of staff administrative costs in the TOD project budget. The new reimbursement amount to the developer for Phase 2 will include the $108,457 plus the previous administrative charge for a total reimbursement of $113,457.
Staff recommends the Council approve the attached Reimbursement Agreement which has been approved as to form by the City Attorney's Office prior to execution. Upon approval by the Council and City Attorney's Office, the agreement will be executed on behalf of the City by the Public Works Director, in accordance with the City Manager's delegation of the signing authority.
The City will reimburse FFDA Properties LLC, $113,457 for the off-site street improvements.
ENVIRONMENTAL FINDINGS
On October 2, 2014 Environmental findings were presented to Council along with the Resolution to authorize the City’s reimbursement under the TOD Program.
On July 3, 2014, a Notice of Determination for City of Fresno Environmental Assessment No. C-13-137/T-6059/T-6060 was filed with the Fresno County Clerk.
The property owner, FFDA Properties, LLC has filed a Conditional Use Permit (CUP) Application No. C-13-137 and Vesting Tentative Tract Maps Nos. T-6059 and T-6060 pertaining to approximately 2.30 net acres of property bounded by Van Ness, Calaveras, Fulton and Stanislaus Streets (the “Met block”) in downtown Fresno. The CUP authorizes construction of an 85-unit residential and commercial mixed use development on the subject property. Vesting Tentative Tracts 6059 and 6060 propose common lot air space subdivisions for condominium purposes on portions of the property. The project includes demolition of an existing accessory building, vacations of portions of existing public street rights-of-way and installation and construction of both public and private facilities and infrastructure in accordance with the standards, specifications and policies of the City of Fresno. Approval of the Reimbursement Agreement will facilitate implementation of a portion of the Project
An analysis has been performed pursuant CEQA Guidelines § 15162 to determine whether subsequent environmental review is required for the Reimbursement Agreement. Based upon this analysis the following findings are made to support the determination that no subsequent environmental review is required:
1. No substantial changes are proposed in the project which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, there are no changes to the project.
2. No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, there have been no changes in circumstances.
3. There is no new information, which was not known and could not have been known at the time of the previous Mitigated Negative Declaration that the project will have significant effect not discussed in the Mitigated Negative Declaration.
LOCAL PREFERENCE
Not applicable because this is not a competitive bid. This is a funding mechanism only.
FISCAL IMPACT
The project cost to construct off-site improvements abutting frontages of the project, is being primarily funded by Measure "C" TOD dollars in the amount of $113,457. There will be no impact to the General Fund.
Attachment:
Reimbursement Agreement