REPORT TO THE CITY COUNCIL
FROM: NICHOLAS D. MASCIA, PE, Assistant City Manager
Interim Director - Capital Projects Department
SCOTT L. MOZIER, PE, Director
Public Works Department
BY: ANTONIO M. BUELNA, PE, Assistant Director
Capital Projects Department, Capital Administration Division
NANCY BRUNO, Right of Way Manager
Capital Projects Department, Capital Administration Division
SUBJECT
Title
RESOLUTION - A Resolution of the Council of the City of Fresno, California, granting authority to the City Manager or designee to execute Uniform Relocation Act nonresidential move and reestablishment packages for owner-operated businesses being relocated as a result of the Blackstone McKinley Grade Separation Project. (Council Districts 1 and 7)
Body
RECOMMENDATION
Staff recommends the City Council adopt a Resolution granting authority to the City Manager or designee to sign and approve payment of Uniform Relocation Act nonresidential move and reestablishment benefits for statutorily eligible owner-operated businesses impacted by the acquisition of commercial parcels for the Blackstone McKinley Grade Separation Project in an amount not to exceed $200,000 per nonresidential relocation package, paid through Measure C and California Local Partnership Program grant funds.
EXECUTIVE SUMMARY
The Blackstone McKinely Grade Separation Project (“Project”) includes acquisition of residential and commercial properties. Appraisals of the properties within the Project area began in July 2022, and the City’s first written offers to purchase have been presented to the property owners. Staff are requesting the City Council authorize the City Manager or designee to approve and execute the relocation and reestablishment packages for the property owners currently operating businesses in the commercial properties being displaced as a result of the acquisitions for the Project (the “Business Owners”). These Business Owners may qualify for relocation assistance pursuant to the Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs (URA). The individual benefit packages may contain sensitive, personal, and confidential information, such as copies of drivers’ licenses, birth certificates, certifications regarding legal residence, and source and amount of business income, including tax returns.
BACKGROUND
The Blackstone Avenue and McKinley Avenue corridors serve as primary routes for the community, the City’s Bus Rapid Transit system, emergency vehicles, and is also part of the Blackstone Smart Mobility Plan providing Class IV protected bicycle facilities along Blackstone Avenue through the Project area. The Project location has experienced the highest traffic volumes and number of accidents of any at-grade crossing on the BNSF corridor. The Blackstone McKinley Grade Separation Project will eliminate two existing at-grade crossings by grade separating North Blackstone Avenue and East McKinley Avenue under the BNSF Mainline Track. The City is progressing through the engineering design stage and right of way acquisition stage of the project.
Nineteen commercial properties will be acquired as part of the Project; up to six are owner-operated businesses that may qualify for relocation assistance pursuant to the URA. The formula to calculate the compensable amount of relocation assistance for which each Business Owner is statutorily entitled, as derived by the URA, includes personal and sensitive information that needs to be kept confidential. In May 2024, Council approved the City Manager's authority to review, approve, and execute relocation benefit packages for commercial tenants who qualified for relocation assistance pursuant to the URA. Several tenants have successfully relocated from the impacted parcels and the City's consultants are now assisting qualified Business Owners with the relocation of their operations. City Staff recommend that in order to maintain the necessary confidentiality of the Business Owners’ private information, the City Manager or their designee be granted authority to review, approve, and execute the benefit packages to expedite payment to the displaced Business Owners in a timely manner. The City Attorney’s Office has reviewed and approved the Resolution as to form.
ENVIRONMENTAL FINDINGS
This Project was found to be statutorily exempt by Fresno City Council on June 25, 2020, pursuant to California Public Resources Code Section 21080 .13(a) and 15282(g) of the California Environmental Quality Act (CEQA) Guidelines. The Notice of Exemption was thereafter recorded with the Fresno County Clerk on July 30, 2020. The statute of limitations for challenges to this exemption has run pursuant to CEQA Guideline Section 15062(d). This project will eliminate two railroad crossings and grade separate North Blackstone Avenue and East McKinley Avenue under the BNSF Mainline Track.
LOCAL PREFERENCE
Local preference was not considered because this item does not include a bid for or an award of a construction or services contract.
FISCAL IMPACT
The proposed Blackstone McKinley BNSF Grade Separation Project is within Council Districts 1 and 7. These acquisitions will have no impact to the General Fund. All project costs for the right of way phase are funded with Measure C and California Local Partnership Program grant funds. All funds necessary for the acquisition are included in the current fiscal year budget as previously adopted by the City Council.
Attachments:
Resolution
Vicinity Map