REPORT TO THE CITY COUNCIL
February 13, 2020
FROM: MAYOR LEE BRAND
BY: TIM A. ORMAN, Chief of Staff to the Mayor
Mayor’s Office
SUBJECT
Title
Actions pertaining to City Animal Shelter:
1. RESOLUTION - Regarding the development of an animal control and related services facility and findings of consistency with the Master Environmental Impact Report and the City’s General Plan
2. Adopt a finding of Statutory Exemption pursuant to CEQA Guidelines Section 15183
3. Approve a purchase and sale agreement with The Gap, Inc., for property located at 3400 Gap Drive, Fresno, CA
Body
RECOMMENDATIONS
Mayor and Staff recommend the Council adopt the CEQA 15183 exemption for this project, and approve this agreement with The Gap, Inc., to purchase 5.1 acres of land located at the Fresno Distribution Center Campus for $1.00 to be used to build an Animal Control Facility.
EXECUTIVE SUMMARY
The City of Fresno has an urgent need to build a new animal control facility to serve the needs of the community. Staff has been negotiating with The Gap, Inc. since September of last year and finally reached agreement in January.
BACKGROUND
The Mayor, City Manager and their respective staffs in cooperation with the City Council have been evaluating a variety of alternatives to provide state-mandated animal control facilities to City residents since last summer. After learning that constructing a new facility could cost less than remodeling an existing building by using a nearly complete design provided to the City by Derrell Ridenour and Tim Simons, the discussion changed direction to determine how much land is necessary and the best possible location for the facility. After consulting with experts from the University of California Davis and others on design modifications and additions, it was determined that three acres was the minimum land area necessary to build a facility that met the City’s needs. This agreement provides the City with 5.1 acres that will allow for any unplanned, but necessary future expansion.
The City’s real estate consultants and City staff looked at many different sites which had the necessary zoning and infrastructure to support such a facility. Around the same time, a group led by Ed Kashian, Sal Gonzales and Councilmember Bredefeld contacted The Gap about the possibility of donating land for this project. This agreement is the result of those initial contacts.
The agreement itself provides for the City to purchase 5.1 acres of land for $1.00. The City will pay all closing costs and The Gap’s attorney fees for outside counsel required to complete this transaction.
The City is purchasing this property AS-IS. The agreement is for the City to build an animal shelter of at least 25,000 square feet (the design is well over 30,000 square feet) and a construction cost of at least $12 million. In addition, the agreement requires the City to start construction on or before December 31, 2020, and to open the facility on or before December 31, 2021. The deadlines are extended if circumstances beyond the City’s control create delays. This agreement also includes a reversion clause that the property reverts back to The Gap if the City does not build an animal shelter on the property.
ENVIRONMENTAL FINDINGS
The proposed project is considered to be exempt from environmental review pursuant to CEQA Guidelines Section 15183, projects consistent with a community plan, general plan, or zoning. The proposed project is consistent with the land use designations and development intensities assigned to the project by the City of Fresno General Plan. Cumulative impacts associated with development and buildout of the project site, as proposed, were fully addressed in the City of Fresno Master EIR (SCH# 2012111015) (MEIR). Since the proposed project is consistent with the land use designation and development intensity for the site identified in the General Plan and analyzed in the MEIR, implementation of the proposed project would not result in any new or altered cumulative impacts beyond those addressed in the MEIR.
LOCAL PREFERENCE
Not applicable.
FISCAL IMPACT
Funding for the $1.00 purchase price is available in the Mayor’s budget. Funding for The Gap’s attorney’s fees and other costs will come from funding available in the FY20 City General Purpose Department budget.
Attachments:
Resolution
California Environmental Quality Act Exemption 15183
Purchase and Sale Agreement