REPORT TO THE CITY COUNCIL
FROM: Randall W. Morrison, PE, Director
Capital Projects Department
SCOTT L. MOZIER, PE, Director
Public Works Department
BY: JESUS AVITIA, PE, Assistant Director
Capital Projects Department, Transportation Project Management Division
NANCY BRUNO, Supervising Real Estate Agent
Capital Projects Department, Capital Administration Division
SUBJECT
Title
Actions pertaining to the Southbound Polk Avenue Widening Project between Shaw Avenue and Gettysburg Avenue (Council District 1):
1. Adopt a finding of Negative Declaration per staff determination, pursuant to Sections 15070 to 15075 of the California Environmental Quality Act (CEQA) guidelines
2. Approve the Agreement for Purchase and Sale of Real Property and Escrow Instructions to acquire fee interest of a 0.163-acre (7,087 square feet) parcel, improved with a single-family residence located at 4919 North Polk Avenue (Assessor’s Parcel Number (APN) 510-120-13), owned by Carolyn S. Brown, in the amount of $298,000.00, for the construction of the widening of Southbound Polk Avenue between Shaw Avenue and Gettysburg Avenue
Body
RECOMMENDATIONS
Staff recommends that the City Council: (1) Adopt a finding of Negative Declaration pursuant to Sections 15070 to 15075 of the California Environmental Quality Act (CEQA) guidelines, and (2) Approve the Agreement for Purchase and Sale of Real Property to acquire fee interest of a 0.163-acre (7,087 square feet) parcel, improved with a single-family residence located at 4919 North Polk Avenue (APN 510-120-13), owned by Carolyn S. Brown, for a total amount of $298,000.00 in monetary consideration, and authorize the Capital Projects Director or his designee to sign all documents necessary to complete the subject acquisition.
EXECUTIVE SUMMARY
The subject acquisition, as memorialized in the Agreement for Purchase and Sale of Real Property and Escrow Instructions, will provide the City with fee interest title of 4919 North Polk Avenue (APN 510-120-13), which is necessary to construct the street improvements and widening of the west side of Polk Avenue from Shaw Avenue to Gettysburg Avenue as part of the Southbound Polk Avenue Widening Project. The project only requires ±1,175 square feet of permanent street easement and right of way. However, the required take created unavoidable impacts to the property that necessitated a full take acquisition. At the conclusion of the Project, the unused portion of the parcel will be disposed of pursuant to the Surplus Land Act Guidelines.
Carolyn S. Brown accepted the appraised value of $298,000.00 for the acquisition of the parcel and signed the Agreement for Purchase and Sale of Real Property and Escrow Instructions on August 16, 2023.
BACKGROUND
Polk Avenue is currently a two-lane roadway in need of curbs, gutters, sidewalks, and drainage facilities. As a result, bottlenecks exist between the newer, fully improved subdivisions and older areas that developed in the County. In accordance with the 2035 General Plan, Polk Avenue is to ultimately be constructed as a four-lane divided arterial between Shaw Avenue and Belmont Avenue, as development occurs west of State Route 99.
The City of Fresno was awarded a Federal Surface Transportation Block Grant (STBG) that provides construction funding for the Southbound Polk Avenue Widening Project. The STBG grant application was part of a package of grants adopted for submission and execution per Resolution Number 2017-288 adopted by the City Council on October 19, 2017.
The City of Fresno seeks to construct street improvements and widen Southbound Polk Avenue from Shaw Avenue to Gettysburg Avenue. The consultant is currently preparing the plans, specifications, and construction documents for the Southbound Polk Avenue Widening Project between Shaw Avenue and Gettysburg Avenue. The project improvements will include curb and gutter, paving, sidewalks, street lighting and a High-intensity Activated Crosswalk (HAWK) pedestrian crossing near Teague Elementary School.
The City retained Hamner, Jewell and Associates to acquire a portion of the subject parcel on its behalf for the Southbound Polk Avenue Widening Project. During the acquisition process it was determined that the cost of the impacted improvements exceeded the value of the property as a whole. It was then decided to instead perform a full acquisition of the parcel. Mrs. Brown has been working with the Hamner, Jewell and Associates Relocation Team and has recently relocated to another home in Fresno. Once the property is acquired, the existing home will be demolished prior to construction of the project. At the conclusion of the Project, the unused portion of the parcel will be disposed of pursuant to the Surplus Land Act Guidelines.
Hamner, Jewell and Associates retained Real Property Analysts to prepare an appraisal of Mrs. Brown’s property. The value given to the parcel including improvements is $297,616.00, rounded to $298,000.00. The appraisal review was performed by RowLand Valuation who concurred with the value given by Real Property Analysts.
Hamner, Jewell and Associates met with the property owner and presented a formal offer on June 24, 2023. On August 16, 2023, Carolyn S. Brown agreed to and signed the Agreement for Purchase and Sale of Real Property and Escrow Instructions.
The City Attorney’s Office has reviewed and approved the environmental findings and purchase agreement as to form.
ENVIRONMENTAL FINDINGS
An Initial Study was prepared to evaluate the project in accordance with the land use and environmental policies and provisions of the City of Fresno’s General Plan adopted by the Fresno City Council on December 18, 2014, and the related Master Environmental Impact Report (MEIR) SCH Number 2012111015. The project is determined to have a less than significant effect on the environment and is prepared in accordance with Sections 15070 to 15075 of the CEQA Guidelines. The project is partially within the scope of MEIR SCH No. 2012111015. Pursuant to Section 21157.1 of the California Public Resources Code (CEQA Provisions), it may be determined that a subsequent project falls within the scope of the MEIR, provided that the project does not cause additional significant impacts on the environment that were not previously examined by the MEIR. Based on this Initial Study, the following findings are made: (1) The proposed project is partially within the scope of the MEIR because it will not generate additional significant effects on the environment not previously examined and analyzed by the MEIR for the reasons set forth in the Initial Study; and, (2) when all applicable mitigation measures of SCH No. 2012111015 have been applied to the project, the project will result in a less than significant impact on the environment. The Public Works Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. A public notice of the attached negative declaration finding for the Document No. E201910000053 was published in the local newspaper on February 8, 2019, as required for public review and comment.
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 proposed Southbound Polk Avenue Widening Project from Shaw Avenue to Gettysburg Avenue is within Council District 1. This acquisition will have no impact to the General Fund. All project costs for the right-of-way phase are funded with Federal STBG and local New Growth Area Major Street Impact Fee funds. All funds necessary for the acquisition are included in the current fiscal year budget as previously adopted by City Council.
Attachment(s):
Document No. E202010000079, Negative Declaration
Purchase and Sale Agreement
Grant Deed
Vicinity Map
Location Map