REPORT TO THE CITY COUNCIL FROM: SCOTT L. MOZIER, PE, Director Public Works Department BY: RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division R. SCOTT BEYELIA, Supervising Real Estate Agent Public Works Department, Engineering Services SUBJECT ..Title Actions pertaining to the widening of Fowler Avenue, from Clinton Avenue to the Weldon Avenue alignment, a condition of approval for Vesting Tentative Map No. 6214 (Council District 7) 1. ***RESOLUTION - 33rd Amendment to the Annual Appropriation Resolution (AAR) No. 2021-178 appropriating $112,500 for right-of-way (permanent easement) acquisition for Tract Map 6214 (Requires 5 affirmative votes) (Subject to Mayor's Veto) 2. Approve the Agreement for Purchase and Sale of a 21,328 square foot permanent easement from portions of APN: 496-220-16S and APN: 496-220-17S, owned by E. & J. Gallo Winery, a California Corporation for $99,400 in compensation ..Body RECOMMENDATION Staff recommends the City Council approve the 33rd Amendment to the Annual Appropriation Resolution (AAR) No. 2021-178 appropriating $112,500 in developer contributions for right-of-way acquisition needed to widen Fowler Avenue, from Clinton Avenue to the Weldon Avenue alignment; approve the Agreement for Purchase and Sale for the acquisition of a 21,328 square foot permanent street easement from portions of APN: 496-220-16S and APN: 496-220-17S, from E. & J. Gallo Winery, a California Corporation in the amount of $99,400; and authorize the Public Works Director or his designee to sign all documents necessary to complete the subject acquisition. EXECUTIVE SUMMARY The conditions of approval of Vesting Tentative Map No. 6214 imposed the requirement to widen Fowler Avenue, from Clinton Avenue to the Weldon Avenue alignment. The Subdivider has executed the Subdivision Agreement with an addendum that provides for the City to negotiate and/or exercise its power of eminent domain, to acquire the necessary right-of-way easement. All right-of-way acquisition expenses are being paid for by the developer. E. & J. Gallo Winery, a California Corporation, as owner of the parcels, has agreed to accept the appraised value of $99,400 as full compensation for the permanent street easement. Approval by the Council of the AAR amendment will provide the appropriations necessary to complete the transaction. BACKGROUND The Fresno County Planning Commission, on August 15, 2018, recommended that the City Council approve Vesting Tentative Map No. 6214 (Tentative Map) for a 210-lot single-family residential subdivision on 43.22 acres. The City Council, on August 30, 2018, approved the Tentative Map consistent with the Fresno General Plan and the McLane Community Plan to comply with the provisions of the Subdivision Map Act. The Final Map of Tract No. 6214, Phase 1 of Tentative Map No. 6214, and the Subdivision Agreement of the Final Map of Tract No. 6214, Phase 1, including the Addendum to Subdivision Agreement for Right of Way Acquisition, was approved, and recorded on July 28, 2020. The acquisition of right of way from portions of APN: 496-220-16S and APN: 496-220-17S, owned by E. & J. Gallo Winery, a California Corporation are required pursuant to the conditions of the approval of Vesting Tentative Map 6214, and the Final Map of Tract No. 6214, Phase 1. The right-of-way is required to widen Fowler Avenue from Clinton Avenue to the Weldon Avenue alignment to accommodate the additional traffic generated by the subdivision. The Subdivider posted a deposit in the aggregate amount of $157,000 for the estimated cost of acquisitions to facilitate the widening of Fowler Avenue. An appraisal for the acquisition of the subject easement was conducted by Joshua J. Palmer with James G. Palmer Appraisals, Inc., with a total appraised value of $99,400. E. & J. Gallo Winery, a California Corporation, is the owner of the property and has agreed to accept the appraised value as full compensation. The City Attorney's Office has approved the Agreement for Purchase and Sale of a Street Easement and Escrow Instructions and the Deed of Easement as to form. ENVIRONMENTAL FINDINGS A Mitigated Negative Declaration (Environmental Assessment No. T-6214/UGM) was prepared for Vesting Tentative Tract Map No. T-6214/UGM and adopted on August 30, 2018, wherein a 210-lot single family residential subdivision was to be developed. This approval is to implement a portion of the conditions of that project. Specifically, the requirement to widen Fowler Avenue to a 12' travel lane, 5' shoulder, and median, between Clinton Avenue and the southern limit of the subdivision which is the Weldon Avenue alignment. Approval of this acquisition is a necessary component to implement the aforementioned condition of Approval. An analysis was performed pursuant to CEQA Guidelines 15177 to determine whether a subsequent environmental review was required for the widening of Fowler Avenue. The following findings were made to support the determination that no subsequent environmental review is required: 1. There is no new information, which was not known and could not have been known at the time of the previous Mitigated Negative Declaration, 2. There are no substantial changes which have been proposed that would require major revisions of the previous Mitigated Negative Declaration. It has been determined that no further environmental documentation is required for this project. LOCAL PREFERENCE Local preference does not apply because approval of the Purchase and Sale Agreement does not include a bid or award of a construction or service contract. FISCAL IMPACT The acquisition is located in Council District 7. There will be no impact to the City's General Fund. Aggregate funds in the amount of $157,000 for acquisition costs have been provided by the developer. Adoption of the attached resolution amending the AAR will appropriate the necessary funding for the subject acquisition in the current fiscal year. Attachments: 33rd Amendment to the Annual Appropriation Resolution No. 2021-178 Agreement for Purchase and Sale Deed of Easement Location Map Vicinity Map