EREPORT TO THE CITY COUNCIL
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
BY: Randall W. Morrison, PE, Assistant Director
Public Works Department, Engineering Division
NANCY BRUNO, Supervising Real Estate Agent
Public Works Department, Real Estate Services
SUBJECT
Title
Actions pertaining to the disposal of vacated roadway properties associated with the State Route 99 Realignment Project (Council District 3):
1. ***RESOLUTION - Declaring a portion of the southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector to be exempt surplus land (Subject to Mayor’s Veto)
2. RESOLUTION - Finding Good Cause and Clear and Convincing Benefit to the Public pursuant to Fresno Municipal Code section 4-204, relating to the Disposition of Real Surplus Property being a portion of the southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector (Requires 5 Affirmative Votes)
3. Approve the execution of the Property Transfer Agreement and authorize the Public Works Director or designee to execute the Property Transfer Agreement and associated Grant Deeds with Caltrans for the transfer of the Subject Properties
Body
RECOMMENDATIONS
Staff recommends that the City Council 1) adopt the Resolution, declaring portions of City owned, undeveloped parcels located at a) the southeast corner of North Parkway Drive and West Shields Avenue, b) North Parkway Drive, north of West Weldon Avenue, and c) North Marks Avenue, north of the Marks-Shields Connector to be exempt surplus land pursuant to California Government Code Section 54221 (f)(1)(D); 2) adopt the Resolution, finding Good Cause and Clear and Convincing Benefit to the Public pursuant to Fresno Municipal Code section 4-204, relating to the Disposition of Real Surplus Property being a portion of the southeast corner of North Parkway Drive and West Shields Avenue; a portion of North Parkway Drive, north of West Weldon Avenue; and a portion of North Marks Avenue, north of the Marks-Shields Connector; and 3) approve the execution of the Property Transfer Agreement with Caltrans in substantially the form presented subject to final approval as to form by the City Attorney’s office and authorize the Public Works Director or designee to execute the Property Transfer Agreement and associated Grant Deeds with Caltrans for the transfer of the Subject Properties.
EXECUTIVE SUMMARY
The City owns portions of undeveloped land at a) the southeast corner of North Parkway Drive and West Shields Avenue (15,322 square feet), b) North Parkway Drive, north of West Weldon Avenue (26,440 square feet), and c) North Marks Avenue, north of the Marks-Shields Connector (12,632 square feet). These portions were acquired by the City in fee through relinquishment from the State of California on January 2, 1990, specifically for use as city streets. The portions of these parcels no longer function as public streets due to their non-standard shape as a result of the realignment of State Route 99 (SR 99). As part of the SR 99 Realignment Project, the State secured replacement right-of-way for the new street segments needed to reconnect the local network, with the intent that these remnant parcels would go back to the State upon completion of the project. These portions were declared to be vacated by the Council through Resolution 2023-004 on January 5, 2023, recorded January 26, 2023, Fresno County Recorder document number 2023-0007344. These public street remnant areas proposed to be exempt surplus land, will be disposed of back to Caltrans by the City in accordance with the Surplus Land Act. Adoption of the attached Resolutions will allow for the subject properties to be transferred to Caltrans, pursuant to the attached transfer agreement, as originally coordinated through the SR 99 Realignment Project.
BACKGROUND
The California High-Speed Rail Authority railway construction required a segment of State Route (SR) 99 to be realigned from West Ashlan Avenue to West Weldon Avenue. SR 99 has been realigned to the west. This realignment has created excess public street remnants. These remnants no longer function as public streets due to their non-standard shape as a result of the realignment of SR 99. Many City streets were realigned and reconnected to the local network to reduce impacts. Caltrans purchased replacement right-of-way for the reconfiguration of the local network, with the intent that the remnant properties would go back to Caltrans for disposal. These public street remnant areas proposed to be exempt surplus land, will be disposed of back to Caltrans by the City in accordance with the Surplus Land Act. Caltrans also owns other properties adjacent to the subject remnants, which will allow Caltrans to merge these parcels into larger more marketable and developable parcels.
The Public Works Engineering Division, other City departments and utility agencies have reviewed the proposed exempt surplus land and determined that the public street right-of-way proposed for exempt surplus land is unnecessary for present or prospective public street purposes as described in the attached Exhibits “A1 through A3” and as depicted on Exhibits “B1 through B3.”
The City Attorney’s Office has reviewed and approved the attached Resolutions and Property Transfer agreement as to form. Staff recommends the Council approve the transfer agreement in substantially the form attached. Upon approval by the Council the agreement will be executed on behalf of the City by the Public Works Director. The exempt surplus land, if approved by the Council, will become effective when the exempt surplus land resolution is recorded in the office of the Fresno County Recorder.
ENVIRONMENTAL FINDINGS
The Council adopted the findings of Categorical Exemption per staff determination January 5, 2023. Staff has performed preliminary environmental assessments of this project and has determined this project is exempt under Sections 15301/Class 1 (Existing Facilities) and 15305/Class 5 (Minor Alteration in Land Use Limitations) of the California Environmental Quality Act (CEQA) Guidelines as follows:
Section 15301 (Class 1/Existing Facilities) of the CEQA Guidelines exempts from the provisions of CEQA, projects consisting of the operation, repair, maintenance, permitting, leasing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Examples include but are not limited to: Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; and, existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). This project is removing existing street improvements and replacing them by constructing new street improvements and not altering the land use.
Section 15305 (Class 5/Minor Alteration in Land Use Limitations) of the CEQA Guidelines exempts from the provisions of CEQA, projects consisting of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to minor lot line adjustments not resulting in the creation of any new parcel. This project is removing existing street improvements and replacing them by constructing new street improvements and not altering the land use.
The proposed exempt surplus land of the above-described parcels meets the criteria noted above. There is no substantial evidence in the record that any of the exceptions to these Categorical Exemptions, set forth in CEQA Guidelines, Section 15300.2 apply to this project. Therefore, no adverse environmental impacts will occur as a result of the proposed project.
LOCAL PREFERENCE
Local preference was not considered because this Agreement does not include a bid or award of a construction or services contract.
FISCAL IMPACT
This project is located in Council District 3 and will not impact the General Fund. All costs associated with the disposal of these properties are reimbursable under the funding agreement between the City and the California High Speed Rail Authority.
Attachment(s):
Vicinity Map
Location Map
Resolution Declaring Surplus Land Exempt
Resolution to Vary from RFP Process
Property Transfer Agreement