REPORT TO THE CITY COUNCIL
FROM: DENIX D. ANBIAH, 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, Right of Way Manager
Capital Projects Department, Capital Administration Division
SUBJECT
Title
Actions pertaining to the acquisition of easements and right-of-way on a parcel to benefit the Ashlan Widening - Polk to Cornelia Project (Council District 1):
1. HEARING to consider a Resolution of Necessity for acquisition of a three permanent easements, a temporary construction easement, and right-of-way for public street purposes on portions of Assessor’s Parcel Number 511-012-05S, owned by Beatris Medina and Olga Gonzalez, for the construction of the Ashlan Avenue Widening - Polk to Cornelia Project;
2. ***RESOLUTION - Determining that public interest and necessity require acquisition of three permanent easements, a temporary construction easement, and right-of-way for public street purposes through and across portions of Assessor’s Parcel Number 511-012-05S, owned by Beatris Medina and Olga Gonzalez, for the construction of the Ashlan Avenue Widening - Polk to Cornelia Project, and authorizing eminent domain proceedings for public use and purpose (Requires 5 affirmative votes) (Subject to Mayor’s Veto).
Body
RECOMMENDATIONS
Staff recommends the City Council:
1. Conduct a public hearing to consider the adoption of a Resolution of Necessity for the acquisition of:
a) a 0.07-acre (2,863 square feet) portion in permanent easement;
b) a 0.12-acre (5,100 square feet) portion in permanent easement;
c) a 0.08-acre (3,403.32 square feet) portion in permanent easement, and;
d) a 0.11-acre (4,638.93 square feet) portion in temporary construction easement
from the property identified as Assessor’s Parcel Number (APN) 511-012-05S, owned by Beatris Medina and Olga Gonzalez, for the construction of the Ashlan Avenue Widening - Polk to Cornelia Project, and;
2. Adopt the Resolution of Necessity, which states that public interest and necessity require acquisition of three permanent easements, a temporary construction easement, and right-of-way for public street purposes through and across portions of APN 511-012-05S, owned by Beatris Medina and Olga Gonzalez, for the construction of the Ashlan Avenue Widening - Polk to Cornelia Project, and authorizing eminent domain proceedings for public use and purpose, pursuant to California Code of Civil Procedure §1245.230.
EXECUTIVE SUMMARY
The acquisition of property rights on APN 511-012-05S (Subject Property) will provide the City with permanent and temporary easements on real property located at 5383 West Ashlan Avenue in Fresno, California. These easements are necessary to support the Ashlan Avenue Widening - Polk to Cornelia Project (Project). The Subject Property, owned by Beatris Medina and Olga Gonzalez (Owner), comprises approximately 1.24-acres (54,014.4 square feet) and includes existing improvements that will be addressed and compensated as part of the acquisition process.
The Resolution of Necessity (RON) authorizes the City Attorney to initiate an eminent domain action and obtain an order of possession of the Subject Property. In order to obtain the easements interests in the Subject Property, the City must obtain a court order through the Eminent Domain process. This action requires five (5) affirmative votes and is subject to veto by the Mayor.
BACKGROUND
The Ashlan Avenue Widening - Polk to Cornelia Project, funded through a Surface Transportation Block Grant (STBG), will widen eastbound Ashlan Avenue between Polk and Cornelia Avenues from one to two lanes, consistent with the ultimate right-of-way (ROW) configuration. The Project includes the following improvements: installation of sidewalks, Class II bike lanes, and a raised median on eastbound Ashlan Avenue. Additional work will include new streetlights, curbs, gutters, curb ramps, power pole relocation, new signal loops, and a new storm drain inlet connected to existing facilities.
To accommodate construction of the Project, the acquisition of specific property rights and right-of-way areas is required. One of the identified properties is APN 511-012-05S, located at 5383 West Ashlan Avenue. The parcel comprises approximately 1.24-acres (54,014.4 square feet) and is necessary to facilitate the widening of Ashlan Avenue as part of the Project.
The City retained Hamner, Jewell and Associates (HJA) to acquire the necessary property rights from this parcel for the Project. Initially, the City proposed a full acquisition of the parcel due to the anticipated impacts of the Project. On March 13, 2024, following an appraisal by Real Property Analysts (RPA) dated November 1, 2023, to determine the fair market value (FMV), an offer in the amount of $400,000 was mailed via USPS Certified Mail and emailed to the Owner. Subsequently, the Owner’s representative contended that a full acquisition was not necessary and requested a redesign to allow for a partial acquisition. In response, the City worked collaboratively with the Owner to revise the plan, resulting in the proposed acquisition of four easements - three permanent and one temporary - rather than the entire parcel. The redesign included significant modifications, such as the incorporation of retaining walls, to address the proximity of the proposed roadway to the existing structure and to reduce the overall impact on the property.
As a result of the redesign and agreement to pursue a partial acquisition, the Project now requires the following easement rights (Easements) from APN 511-012-05S:
a) a 0.07-acre (2,863 square feet) portion in permanent easement for public street right-of-way;
b) a 0.12-acre (5,100 square feet) portion in permanent easement to perfect the prescriptive use of Ashlan Avenue, north of the property;
c) a 0.08-acre (3,403.32 square feet) portion in permanent easement for retaining wall maintenance, and;
d) a 0.11-acre (4,638.93 square feet) portion in temporary construction easement to construct the proposed improvements.
HJA retained RPA to prepare a revised appraisal report focused on the easement areas, rather than a full acquisition, to determine the FMV of the Subject Property. The appraisal report, dated August 22, 2025, concluded that the FMV of the Easements is $153,000.00, as defined by Section 1263.320 of the Code of Civil Procedure. Pursuant to Section 7267.2 of the Government Code, an offer of just compensation in the full amount of the appraisal was delivered via email to the Owner by HJA on September 12, 2025.
Following delivery of the revised offer, HJA reached out to the Owner by phone, email and in person to discuss the City’s proposal. During these discussions, the Owner’s representative expressed concerns regarding the method of acquiring the property rights and the potential non-conforming status of the property after construction due to the roadway’s proximity to the residence. Although this issue was addressed during earlier revision discussions, it did not become a significant concern for them until the revised offer was presented. The Owner indicated they needed additional time to research before agreeing to the terms.
On October 9, 2025, City Staff (Staff) received an emailed letter from the Owner’s representative requesting a two-month extension to exercise their right to obtain an independent appraisal, pursuant to California Code of Civil Procedure Section 1263.025. Staff acknowledged this extension. On December 16, 2025, after receiving no response to Staff’s December 2, 2025 request for an update on the status of the independent appraisal, Staff sent a follow-up letter via email and USPS First-Class Mail. The letter informed the Owner that the City will be recommending a Resolution of Necessity to the City Council and advised that a formal notice will follow, providing the date and time of the public hearing.
Staff recommends initiating the eminent domain process to acquire the Easements and right-of-way on the Subject Property. Starting the eminent domain process now allows the City to obtain an order of possession from the court while giving the Owner a forum in which to make their claim for compensation. For each property interest to be acquired, a RON must be adopted prior to the commencement of eminent domain proceedings (see Attachment, Resolution of Necessity Requirements).
The City Attorney’s Office has reviewed and approved the RON as to form.
ENVIRONMENTAL FINDINGS
An environmental assessment and Initial Study were prepared for the Project, located between Polk and Cornelia Avenues, in accordance with the California Environmental Quality Act (CEQA) Guidelines. As part of this process, requests for comments were distributed to responsible and affected agencies, as well as interested organizations. A Draft Mitigated Negative Declaration (MND) was prepared pursuant to CEQA and made available for public review from April 15, 2024, through May 15, 2024.
The Initial Study/Mitigated Negative Declaration (IS/MND) concluded that the Project could result in potentially significant impacts related to construction-related air quality, biological resources, cultural/tribal resources, and hazardous materials. To avoid or reduce these impacts to a less-than-significant level, the City incorporated appropriate mitigation measures into the Project.
All applicable mitigation measures, along with project-specific measures, will be implemented. With these measures in place, the Project will not result in significant environmental impacts. Therefore, the adoption of a MND is appropriate under CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2).
Based on the attached environmental assessment and the incorporation of applicable mitigation measures, City staff have determined that there is no substantial evidence that the Project will have a significant effect on the environment.
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 Ashlan Avenue Widening - Polk to Cornelia Project is located within Council District 1. This acquisition is funded through a STBG and required local match funded via New Growth Area Major Street Impact Fees from new development. This acquisition will have no impact on 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:
Resolution of Necessity (RON)
Resolution of Necessity Requirements
Vicinity Map
Location map
Presentation