REPORT TO THE CITY COUNCIL
FROM: NICHOLAS D. MASCIA, PE, Assistant City Manager
Interim Director - Capital Projects Department
SCOTT L. MOZIER, PE, Director
Public Work 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 a permanent easement and right of way upon a parcel to benefit the Traffic Signal Installation at Church Avenue and Walnut Avenue Project (Council District 3):
1. Adopt a finding of Categorical Exemption per Environmental Assessment Number PW01051, pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act Guidelines;
2. HEARING to consider a Resolution of Necessity for acquisition of a permanent easement and right of way for public street purposes upon Assessor’s Parcel Number 477-030-27, owned by Wat Phouthapathane Lao, a California nonprofit corporation, for the construction of the Traffic Signal Installation at Church Avenue and Walnut Avenue Project;
3. ***RESOLUTION - Determining that public interest and necessity require acquisition of a permanent easement and right of way for public street purposes through and across portions of Assessor’s Parcel Number 477-030-27, owned by Wat Phouthapathane Lao, a California nonprofit corporation, for the construction of the Traffic Signal Installation at Church Avenue and Walnut Avenue 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) adopt a finding of Categorial Exemption per Environmental Assessment Number PW01051 pursuant to Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, (2) conduct a public hearing to consider the adoption of a Resolution of Necessity for the acquisition of a 0.03-acre (1,249.22 square feet) permanent easement and right of way over, under, through and across an unimproved portion of Assessor’s Parcel Number (APN) 477-030-27 (Subject Property) for the construction of the Traffic Signal Installation at Church Avenue and Walnut Avenue Project, owned by Wat Phouthapathane Lao, a California nonprofit corporation (Owner), and (3) adopt the attached Resolution of Necessity, which states that public interest and necessity require acquisition of a permanent easement and right of way for public street purposes through and across portions of APN 477-030-27, owned by Wat Phouthapathane Lao, a California nonprofit corporation, for the construction of the Traffic Signal Installation at Church Avenue and Walnut Avenue Project (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 upon an unimproved portion of APN 477-030-27 will provide the City with a permanent easement and right of way through and across portions of the parcel located at 2450 South Walnut Avenue, Fresno, California, which is necessary to construct the Traffic Signal Installation at Church Avenue and Walnut Avenue Project. The Project requires the permanent easement upon the Subject Property to certify the Project and construct the proposed Project improvements.
The Resolution of Necessity authorizes the City Attorney to initiate an eminent domain action and obtain an order of possession of the Subject Property. In order to obtain a permanent easement interest 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 City of Fresno is proposing the Traffic Signal Installation at Church Avenue and Walnut Avenue Project to improve safety and support current and future development in southwest Fresno. Planned improvements include the construction of ADA-compliant curb ramps, new pavement, updated signage, and roadway striping. The project is currently in the preliminary engineering and right-of-way acquisition phases, with funding for the right-of-way phase provided by Senate Bill 1 (SB1) Funding. This project is a needed transportation improvement to support the new State Center Community College District campus located on the southeast corner of the intersection. This project was also identified as part of the City’s required locally-funded commitments for the Transformative Climate Communities (TCC) grant.
To accommodate the construction of the traffic signal, the acquisition of certain right of way areas is required. One of the properties identified for this purpose is APN 477-030-27, which is necessary to allow for the installation of the traffic signal equipment at its designated final location.
The City retained James G. Palmer Appraisals, Inc. (JGPA) to prepare an appraisal report of fair market value of the Subject Property for the Project. On April 1, 2025, JGPA prepared an appraisal report determining the fair market value of the Subject Property as of March 12, 2025, to be $2,050.00 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 emailed and sent via USPS Certified mail to the Owner by City staff on April 2, 2025.
Before City staff sent the City’s offer to the property owner on April 2, 2025, four previous attempts were made to deliver the offer: in person on August 12, August 19 and August 21, 2024, and by USPS Certified Mail on February 4, 2025. Since the date of the initial offer, City staff have attempted to contact the Owner, eventually learning the authorized individual for negotiating and executing agreements has passed away. Negotiations are reportedly ongoing within the nonprofit corporation to appoint a new authorized representative. As a result, the negotiations are expected to extend beyond the City’s target date for constructing the Project. Staff recommend initiating the eminent domain process to acquire the permanent easement and right of way upon 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 just compensation. For each property interest to be acquired, a Resolution of Necessity 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 Resolution of Necessity as to form.
ENVIRONMENTAL FINDINGS
Staff has determined that the project qualifies for a Categorical Exemption under the California Environmental Quality Act (CEQA) Guidelines, specifically Sections 15301 (Existing Facilities). The proposed project is consistent with the provisions of a Class 1 Categorical Exemption, as it involves the signalization of an existing intersection without increasing the number of vehicle travel lanes or the overall roadway capacity. Additionally, the installation of curb ramps, curb and gutter, pavement, signage, and striping will not result in an increase in the capacity or use of the existing roadway. Furthermore, the project is not expected to result in significant environmental impacts related to its location, cumulative effects, scenic resources, hazardous waste sites, historical resources, energy demand, or any other factors that could cause a significant environmental effect.
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 proposed Traffic Signal Installation at Church Avenue and Walnut Avenue Project is located within Council District 3. The project is locally funded by SB1 Road Maintenance and Rehabilitation Account (RMRA) funds. This acquisition will have no impact on the General Fund. All funds necessary for the property acquisition are included in the current fiscal year budget as previously adopted by the City Council (Council District 3).
Attachments:
Environmental Assessment Number PW01051
Resolution of Necessity (RON)
Resolution of Necessity Requirements
Vicinity Map
Location Map
Staff Presentation