REPORT TO THE CITY COUNCIL
FROM: RANDALL W. MORRISON, PE, Director
Capital Projects Department
BROCK D. BUCHE, PE, PLS, Director
Department of Public Utilities
BY: ANTONIO M. BUELNA, PE, Assistant Director
Capital Projects Department, Capital Administration Division
NANCY BRUNO, Supervising Real Estate Agent
Capital Projects Department, Capital Administration Division
SUBJECT
Title
Actions pertaining to two City owned parcels located at 4561 North Wishon Avenue, Fresno, California (Assessor Parcel Numbers 426-071-23T and 426-071-24): (City of Fresno Sphere of Influence and County of Fresno)
1. Adopt a finding that the proposed transfer of a vacant parcel with an abandoned and sealed water pump station is exempt from the California Environmental Quality Act pursuant to the common sense exemption in that it can be seen with certainty that there is no possibility the proposed changes will have a significant effect on the environment pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines;
2. ***RESOLUTION - Declaring Assessor Parcel Numbers 426-071-23T and 426-071-24 located at 4561 North Wishon Avenue, Fresno, California to be exempt surplus land (Subject to Mayor’s Veto);
3. Approve the execution of the Agreement for Purchase and Sale of Real Property and Escrow Instructions and authorize the City Manager, or designee, to execute the Purchase and Sale Agreement, associated Grant Deeds, and all documents relevant to the sale with Gary D. Catron and Leslie D. Catron, Trustees of the Catron Family Trust uta dated April 12, 2022, for the transfer of the Subject Property.
Body
RECOMMENDATIONS
Staff recommends the City Council, 1) adopt a finding that the proposed transfer of a vacant parcel with an abandoned and sealed water pump station is exempt from the California Environmental Quality Act (CEQA) pursuant to the common sense exemption in that it can be seen with certainty that there is no possibility the proposed changes will have a significant effect on the environment pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines, 2) adopt the attached Resolution, declaring two City owned parcels, bearing Assessor’s Parcel Numbers (APNs) 426-071-23T and 426-071-24, collectively 0.09-acre (3,920.40 square feet), located at 4561 North Wishon Avenue, Fresno, California (Subject Property), to be exempt surplus land pursuant to California Government Code Section 54221 (f)(1)(D), and 3) approve the execution of the Agreement for Purchase and Sale of Real Property and Escrow Instructions and authorize the City Manager, or designee, to execute the Purchase Agreement, associated Grant Deeds, and all documents relevant to the sale with Gary D. Catron and Leslie E. Catron, Trustees of the Catron Family Trust uta dated April 12, 2022 for the transfer of the Subject Property.
EXECUTIVE SUMMARY
The City of Fresno owns two parcels, collectively 0.09-acre (3,920.40 square feet) located at 4561 North Wishon Avenue, Fresno, California (APNs 426-071-23T and 426-071-24). These parcels were acquired by the City in fee from the County of Fresno on August 9, 1989 (Instrument Number 89084536, of Official Records of the County Recorder of Fresno County, California), as successor to the Fresno County Waterworks District, specifically for use as pump stations. These parcels are no longer active pump stations within the Department of Public Utilities and have been sealed shut and abandoned. As such, the properties must be declared exempt surplus land in order to proceed with the disposition of the land to the adjoining landowner, pursuant to the Surplus Land Act.
BACKGROUND
The City of Fresno owns two parcels, collectively 0.09-acre (3,920.40 square feet) located at 4561 North Wishon Avenue, Fresno, California (APNs 426-071-23T and 426-071-24) (Subject Property). The Subject Property was acquired by the City in fee through a Quitclaim Deed from the County of Fresno on August 9, 1989, as successor to the Fresno County Waterworks District, specifically for use as pump stations. The Subject Property no longer contains active pump stations within the Department of Public Utilities. The pump stations have been sealed shut and abandoned, and therefore are of no use to the City. Gary D. Catron and Leslie E. Catron are owners of the parcels surrounding the Subject Property. Mr. and Mrs. Catron have proposed acquiring the Subject Property to use and maintain as their own. On June 17, 2024, the Catron’s signed the Agreement for Purchase and Sale of Real Property and Escrow Instructions (Agreement) to purchase the Subject Property. Staff recommends Council approve the execution of the Agreement and authorize the City Manager, or designee, to execute the Agreement, associated Grant Deeds, and all documents relevant to the sale with Gary D. Catron and Leslie E. Catron, Trustees of the Catron Family Trust uta dated April 12, 2022, for the transfer of the Subject Property. The City Attorney’s Office has reviewed and approved the Resolution and Agreement as to form.
ENVIRONMENTAL FINDINGS
CEQA Guidelines 15061(b)(3) states that the project is exempt from CEQA if it is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. CEQA Guidelines Section 15382 defines a “significant effect on the environment” as a “substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic of aesthetic significance.”
The City acquired the Subject Property in 1989 from the County of Fresno for use as a Department of Public Utilities Pump Station. The Subject Property is in a residential neighborhood, and the pump has since been abandoned and subsequently sealed.
The proposed agreement would transfer title of the Subject Property to Mr. and Mrs. Catron who live on the adjacent parcel. The agreement does not propose any changes to the pump station. In addition, Mr. and Mrs. Catron have informed the City that they have no plans to develop the Subject Property or use the abandoned pump station. Instead, they plan to use the Subject Property for personal use. Therefore, it can be seen with certainty that there is no possibility that the transfer of the Subject Property may have a significant effect on the environment and as a result, this action is exempt from CEQA pursuant to Section 15061(b)(3) of the California Environmental Quality Act Guidelines.
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
The subject parcel is located within an unincorporated area of the County of Fresno. There will not be an impact to the General Fund.
Attachments:
Resolution Declaring Surplus Land Exempt
Purchase Agreement
Vicinity Map
Location Map