REPORT TO THE CITY COUNCIL
FROM: Randall W. Morrison, PE, 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, Supervising Real Estate Agent
Capital Projects Department, Capital Administration Division
SUBJECT
Title
Actions pertaining to the Southwest Fresno Trail Project: (Council District 3)
1. Approve the Agreement for Purchase and Sale of Real Property and Escrow Instructions to acquire fee interest of a 0.47-acre (20,659 square feet) unimproved parcel, identified as Assessor’s Parcel Number 477-040-51T, owned by Housing Authority of the City of Fresno, California, a public body corporate and politic, for an amount of $39,200.00, for the construction of the Southwest Fresno Trail Project;
2. Approve the Agreement for Purchase and Sale of Real Property and Escrow Instructions to acquire fee interest of a 0.40-acre (17,402 square feet) unimproved parcel identified as Assessor’s Parcel Number 477-040-52T, owned by Better Opportunities Builder, Inc., a California non-profit public benefit corporation, for an amount of $32,800.00, for construction of the Southwest Fresno Trail Project;
3. Approve the Agreement for Purchase and Sale of Real Property and Escrow Instructions to acquire fee interest of a 0.435-acre (18,931 square feet) unimproved parcel identified as Assessor’s Parcel Number 477-040-69T, owned by Housing Authority of the City of Fresno, California, a public body corporate and politic, for an amount of $36,000.00, for the construction of the Southwest Fresno Trail Project;
4. Approve the Agreement for Purchase and Sale of Real Property and Escrow Instructions to acquire fee interest of a 0.02-acre (888 square feet) unimproved parcel identified as Assessor’s Parcel Number 477-040-72T, owned by Better Opportunities Builder, Inc., a California non-profit public benefit corporation, for an amount of $700.00, for construction of the Southwest Fresno Trail Project;
5. Approve the Agreement for Purchase and Sale of Real Property and Escrow Instructions to acquire fee interest of a 0.467-acre (20,322 square feet) portion of an unimproved parcel identified as Assessor’s Parcel Number 477-040-73T, owned by Housing Authority of the City of Fresno, California, a public body corporate and politic, for an amount of $38,700.00, for construction of the Southwest Fresno Trail Project.
Body
RECOMMENDATIONS
Staff recommends the City Council approve the Agreements for Purchase and Sale of Real Property and Escrow Instructions to acquire (1) a 0.47-acre (20,659 square feet) unimproved parcel, identified as Assessor’s Parcel Number (APN) 477-040-51T, owned by Housing Authority of the City of Fresno, California, a public body corporate and politic, for an amount of $39,200.00, (2) a 0.40-acre (17,402 square feet) unimproved parcel identified as APN 477-040-52T, owned by Better Opportunities Builder, Inc., a California non-profit public benefit corporation, for an amount of $32,800.00, (3) a 0.435-acre (18,931 square feet) unimproved parcel identified as APN 477-040-69T, owned by Housing Authority of the City of Fresno, California, a public body corporate and politic, for an amount of $36,000.00, (4) a 0.02-acre (888 square feet) unimproved parcel identified as APN 477-040-72T owned by Better Opportunities Builder, Inc., a California non-profit public benefit corporation, for an amount of $700.00, and (5) a 0.467-acre (20,322 square feet) portion of an unimproved parcel identified as APN 477-040-73T, owned by Housing Authority of the City of Fresno, California, a public body corporate and politic, for an amount of $38,700.00, for a total combined monetary consideration amount of $147,400.00 to provide the areas necessary to construct the Class I Trail along the Fanning Number 76 Ditch alignment for the Southwest Fresno Trail Project, and authorize the Capital Projects Director or his designee to sign on behalf of the City of Fresno all documents necessary to complete the subject acquisitions.
EXECUTIVE SUMMARY
The subject acquisitions, memorialized in the Agreements for Purchase and Sale of Real Property and Escrow Instructions will provide the City with fee title ownership, which is necessary to construct the Class I Trail along the Fanning Number 76 Ditch alignment for the Southwest Fresno Trail Project. The Project requires a (1) a 0.47-acre (20,659 square feet) unimproved parcel, identified as APN 477-040-51T, owned by Housing Authority of the City of Fresno, California, a public body corporate and politic, (2) a 0.40-acre (17,402 square feet) unimproved parcel identified as APN 477-040-52T, owned by Better Opportunities Builder, Inc., a California non-profit public benefit corporation, (3) a 0.435-acre (18,931 square feet) unimproved parcel identified as APN 477-040-69T, owned by Housing Authority of the City of Fresno, California, a public body corporate and politic, (4) a 0.02 acre (888 square feet) unimproved parcel identified as APN 477-040-72T, owned by Better Opportunities Builder, Inc., a California non-profit public benefit corporation (5) a 0.467-acre (20,322 square feet) portion of an unimproved parcel identified as APN 477-040-73T, owned by Housing Authority of the City of Fresno, California, a public body corporate and politic (Subject Properties).
Housing Authority of the City of Fresno, California, Better Opportunities Builder, Inc., and the City came to a mutually agreed upon total combined amount of $147,400.00 as just compensation for the fee title acquisitions of the Subject Properties and signed the Agreements for Purchase and Sale of Real Property and Escrow Instructions on July 11, 2024.
BACKGROUND
As part of the approved Master Grant Agreement for the Transformative Climate Communities (TCC) grant program with the Strategic Growth Council (SGC) for development and implementation of greenhouse gas emissions reduction projects in the amount of $65,500,000, the City is implementing the Southwest Fresno Trail Project. The Project will construct a Class I Trail along the Fanning No. 76 Ditch alignment, from West Avenue to Thorne Avenue, and will include planting of trees and the installation of trail and street lighting.
City Staff have worked with the property owners to acquire fee interest of the Subject Properties for the Southwest Fresno Trail Project since 2021, at which time Agreements for Purchase Option were executed on April 1, 2021 (APNs 477-040-51T, 477-040-69T, and 477-040-73T) and on February 11, 2021 (APNs 477-040-72T and 477-040-52T). Upon the expiration of said Purchase Options on April 5, 2022, City staff requested a one-year extension of the Option Agreements and paid $1,000.00 per extension for a total combined amount of $5,000.00.
City staff have been working with the property owners to create a mutually agreeable Purchase and Sale Agreement and presented formal offers on April 5, 2024. The Agreements were approved by the property owners and the U.S. Department of Housing and Urban Development. On July 11, 2024, Housing Authority of the City of Fresno and California and Better Opportunities Builder, Inc. agreed to and signed the Agreements for Purchase and Sale of Real Property and Escrow Instructions.
Staff recommends the Council authorize the Capital Projects Director or his designee to sign on behalf of the City of Fresno all documents necessary to complete the subject acquisitions. The City Attorney’s Office has reviewed and approved the purchase agreements and associated deeds as to form.
ENVIRONMENTAL FINDINGS
A Mitigated Negative Declaration, Document Number E202010000079, was prepared for the Southwest Fresno Trail Project. The Fresno City Council adopted the Mitigated Negative Declaration on April 23, 2020. An Addendum to the Mitigated Negative Declaration was later prepared and adopted by the Fresno City Council on November 16, 2023. The Mitigated Negative Declaration assessed the potential environmental impacts from the design and construction of an approximately 0.8-mile-long Class I trail along the Fanning Ditch alignment between West Avenue and Thorne Avenue in the City of Fresno, County of Fresno, California. This approval seeks to implement a portion for the project by acquiring property necessary to complete the continued trail.
An analysis has been performed pursuant CEQA Guidelines §15162 to determine whether subsequent environmental review is required for this approval. Based upon this analysis, the following findings are made to support the determination that no subsequent environmental review is required:
1. No substantial changes are proposed in the project which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, the Southwest Fresno Trail is being implemented as planned. Specifically, this approval proposes acquisition of a piece of property which is a necessary component of the project as assessed.
2. No substantial changes have occurred with respect to the circumstances under which the project was undertaken which will require major revisions of the previous Mitigated Negative Declaration or Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
3. There is no new information, which was not known and could not have been known at the time of the previous Mitigated Negative Declaration showing that:
a. The project will have one or more significant effects not discussed in the previous Mitigated Negative Declaration
b. Significant effects previously examined will be substantially more severe than shown in the previous Mitigated Negative Declaration;
c. Mitigation measures or alternatives previously found to be not feasible are now feasible and would substantially reduce one or more significant effects of the project.
Based upon these findings, it has been determined that no further environmental documentation is required for this approval.
LOCAL PREFERENCE
Local preference was not considered because this agreement does not include a bid for or an award of a construction or services contract.
FISCAL IMPACT
The Southwest Fresno Trail Project is within Council District 3. All project costs for the right-of-way phase are funded with Transformative Climate Community (TCC) Grant Funding and local Measure P Funding. The acquisition will have no impact to the General Fund. All funds necessary for the acquisition are included in the current fiscal year budget as previously adopted by the City Council.
Attachments:
Purchase and Sale Agreement (APN 477-040-51T)
Purchase and Sale Agreement (APN 477-040-52T)
Purchase and Sale Agreement (APN 477-040-69T)
Purchase and Sale Agreement (APN 477-040-72T)
Purchase and Sale Agreement (APN 477-040-73T)
Vicinity Map
Location Map