REPORT TO THE CITY COUNCIL
March 2, 2017
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
SUBJECT
Title
Authorize the City Manager or designee to execute a grant deed for the sale of a portion of City-owned property (APN 330-021-20ST) on E. Muscat Avenue just west of State Route 99, in the amount of $3,668.00 to the State of California (Council District 3).
Body
RECOMMENDATION
Staff recommends the Council authorize the City Manager or designee to execute a grant deed for the sale of a portion of City-owned property (APN 330-021-20ST) on E. Muscat Avenue just west of State Route 99, in the amount of $3,668.00 to the State of California for the High Speed Rail project.
EXECUTIVE SUMMARY
The California High Speed Rail Authority (Authority) requires a portion of City of Fresno Pump Station 162 on E. Muscat Avenue, west of State Route 99. Approximately 17% of land encompassing this City of Fresno well is in conflict with the elevated right of way for High Speed Rail. In order to provide for the needs of the City of Fresno Water Division and to mitigate any impacts to the well site, the Authority has acquired 3,911 square feet from adjoining owners to the south and to the east. Although the City will sell 1,731 square feet, the Authority will transfer the adjacent property to the City for a net gain of 2,180 square feet. This will increase the overall City well site from 10,198 square feet to 12,378 square feet. This property is one of several right of way transactions involving High Speed Rail and the City of Fresno.
BACKGROUND
Several City improvements currently lie within or in close proximity to the area being acquired by the Authority. The Authority has agreed to, at its cost and expense, relocate a chemical storage shelter associated with Pump Station 162, an electrical panel, an antenna and several feet of chain link fencing, including the installation of privacy slats. In order to accommodate this move, the Authority purchased land from a neighboring property with the intention of deeding that land to the City of Fresno once the escrow has been approved. The main well head is undisturbed and remains in its current location. Once all the work to accommodate the relocation is completed, the City shall receive $3,668.00 and the gross size of the well site shall increase by 2,180 square feet. The Authority engaged the right of way firm of Overland, Pacific & Cutler Inc. to appraise the subject property.
ENVIRONMENTAL FINDINGS
The acquisition was previously environmentally assessed by the Authority as part of the Fresno to Bakersfield section of the California High Speed Rail project. As lead agency, the Authority prepared an Environmental Impact Report/Environmental Impact Statement and Section 4(f) Evaluation and Draft General Conformity Statement for the Fresno to Bakersfield section of the California High Speed Rail Project (SCH NO. 2009091126) and it was certified on May 7, 2014. The EIR included acquisition of the subject parcels in its project description and as such, the impact of such acquisitions was considered as a part of the overall analysis in the EIR. As the responsible agency defined in CEQA Guidelines Section 15381, the City of Fresno is responsible for mitigating or avoiding only the direct or indirect environmental effects of those parts of the project which it decides to approve. After conducting a review of the adequacy of the EIR in conjunction with the Authority’s request to purchase the subject parcels, and after considering the environmental effects of those parts of the project which the City is deciding to carry out, staff recommends the City Council find that a supplemental or subsequent EIUR or Negative Declaration is not required pursuant to CEQA Guidelines Sections 15162 or 15163 because:
1. No substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity or previously identified significant effects due to the proposed action. In this case, there are no changes to the project as a result of the proposed action.
2. No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects due to the proposed action. In this case, there are no changes to the project as a result of this proposed action.
3. There is no new information, which was not known and could not have been known at the time of the previous EIR that the project will have significant effect not discussed in the EIR related to the proposed action.
Furthermore, it has been determined that none of the mitigation measures and alternatives previously determined to be infeasible are now feasible as they relate to this proposed action. In addition, no new mitigation measures or alternatives that would substantially reduce one or more significant effect on the environment resulting from this proposed action have been identified.
Further, the City Council directs staff to file the Notice of Determination with the Fresno County Recorder pursuant to CEQA Guidelines Section 15096(i).
LOCAL PREFERENCE
Local preference is not implicated because this item does not involve public contracting or bidding with the City of Fresno.
FISCAL IMPACT
The City of Fresno will receive $3,668.00 from the sale of the property, which will be deposited into the City of Fresno Water Enterprise Fund.
ATTACHMENT:
Aerial photo of subject property