REPORT TO THE CITY COUNCIL August 20, 2015 FROM: SCOTT L. MOZIER, PE, Director Public Works Department THROUGH: ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Services Division JILL GORMLEY, PE, City Traffic Engineer/Division Manager Public Works Department, Traffic and Engineering Services Division BY: ALAN JAMES, Supervising Engineering Technician Public Works Department, Traffic and Engineering Services Division SUBJECT ..Title HEARING pertaining to the vacation of the R Street / S Street Alley between Tulare and Mariposa Streets (Council District 3) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c) /Class 1 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. EA-15-010 2. RESOLUTION - Ordering the vacation of the R-S Alley between Tulare and Mariposa Streets ..Body RECOMMENDATIONS Staff recommends the City Council adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301(c) /Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. EA-15-010. Staff also recommends the City Council conduct the required public hearing and, at the close of the hearing, adopt the attached resolution ordering the vacation of the R-S Alley between Tulare and Mariposa Streets as shown on Exhibit "A" of the attached resolution. EXECUTIVE SUMMARY The Roman Catholic Bishop of Fresno is requesting the proposed vacation and now owns the entire block affected by it. The purpose of the vacation is to fence the alley proposed to be vacated and construct two vehicular access gates to alleviate increasing concerns regarding vandalism and employee safety. BACKGROUND The public alley right-of-way being vacated is shown on Exhibit "A" of the attached resolution, and described as that certain 20-foot wide alley lying in Block 163 as shown on the Map of Block No. 163 of the Town (now City) of Fresno recorded October 14, 1887, in Volume 1 of Plats at Page 38, Fresno County Records, excepting therefrom the southeasterly 5.00 feet thereof. The Traffic and Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacation and determined that the right-of-way proposed for vacation is unnecessary for present or prospective public alley purposes subject to the reservation of a public utility easement over the entire area being vacated and the conditions listed on Exhibit "B" of the attached resolution. On July 16, 2015, the Council adopted Resolution of Intention No. 1099-D, setting the time and place for the public hearing at 2:00 p.m. on August 20, 2015, in the Council Chambers at Fresno City Hall. The public hearing has been duly noticed in accordance with the Public Streets, Highways, and Service Easements Vacation Law. The City Attorney's Office has approved the attached resolution as to form. The vacation, if approved by the Council at the public hearing, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder, but not until the City Engineer determines that the conditions specified in Exhibit "B" of the attached resolution have been satisfied and accepted by the City. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined this project is exempt under Section 15301/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2 apply to this project. LOCAL PREFERENCE Not applicable because the vacation of public right-of-way does not involve bidding or contracting. FISCAL IMPACT There will be no City funds involved with this vacation. The Roman Catholic Bishop of Fresno has paid all processing fees to cover staff cost in accordance with the Master Fee Schedule. Attachments: Vicinity Map EA-15-010 Resolution