REPORT TO THE CITY COUNCIL FROM: SCOTT MOZIER, PE, Director Public Works Department BY: HARMANJIT DHALIWAL, PE, Assistant Director Public Works Department, Special Projects and Capital Management Division SUBJECT ..Title Actions pertaining to the widening of South Temperance Avenue: 1. Adoption of Environmental Assessment No. 11072 dated December 18, 2025, an Addendum to Environmental Assessment No. R-05-84/T-5531/C-05-218, in accordance with Sections 15162 and 15164 of the California Environmental Quality Act Guidelines; and 2. Approval of Engineering Cost Reimbursement Agreement with San Joaquin Valley Railroad Company in the amount of $147,449.00 (Council District 5) ..Body RECOMMENDATION Staff recommends that the Fresno City Council adopt Environmental Assessment No. 11072, an Addendum to Environmental Assessment No. R-05-84/T-5531/C-05-218, and approve the Engineering Cost Reimbursement Agreement (Agreement) with San Joaquin Valley Railroad Company (SJVRR), authorizing the City to reimburse SJVRR to complete the engineering design and plans, and authorize the Director of Public Works to execute the Agreement. (Council District 5) EXECUTIVE SUMMARY The City of Fresno (City) and Centex Homes (Developer) have been working with San Joaquin Valley Railroad Company (SJVRR) to finalize the design plans for the railroad crossings on Temperance Avenue north of California Avenue. To guarantee the completion of the design plans for the railroad crossing and to commence construction of Temperance Avenue, Developer has agreed to use its Faithful Performance Security funds to pay SJVRR for the plans pursuant to the Engineering Cost Reimbursement Agreement. BACKGROUND The Fresno City Planning Commission on November 16, 2005 adopted Resolution No. 12358 approving Vesting Tentative Map No. 5531 (Tentative Map) for a 328-lot single-family residential subdivision with one outlot on 76 acres at an overall density of 4.9 units per acre. Final Tract Map No. 6124 was approved by the City Council on December 1, 2016 as Phase 2 of Vesting Tentative Map No. 5531. The conditions of approval for Vesting Tentative Map No. 5531, required the widening of Temperance Avenue along the frontage of subdivision. The widening of Temperance Avenue necessitates the widening of the railroad crossings. The Public Works Department and Developer have worked with the SJVRR on the design of the railroad crossings on Temperance Avenue. To finalize the design, SJVRR requires the final payment for the plans. The required widening of Temperance Avenue along the frontage of subdivision is reimbursable through the City's Regional Street Impact Fee Program. Funding is available within the Public Works Department budget from the Regional Street Impact Fee Program to complete the final payment in the amount of $147,449. The City Attorney's Office has reviewed and approved the agreement as to form. ENVIRONMENTAL FINDINGS An environmental assessment was prepared for the Temperance Avenue widening project in accordance with the requirements of the California Environmental Quality Act ("CEQA") Guidelines. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies. A Finding of Conformity was prepared for Vesting Tentative Tract Map No. 5531 as Environmental Assessment No. R-05-84/T-5531/C-05-218, which considered potential environmental impacts associated with the subject Rezone, Vesting Tentative Tract Map, and Conditional Use Permit request. Staff issued a finding that Vesting Tentative Map No. 5531 was in conformance to the 2025 Fresno General Plan Master Environmental Report (MEIR no. 10130) dated October 27, 2005, which incorporated an MEIR Mitigation Monitoring and Reporting Checklist. The widening of South Temperance Avenue was included in Environmental Assessment No. R-05-84/T-5531/C-05-218 and the agreement with SJVRR. The proposed project has been determined to be a subsequent project that is fully within the scope of the Finding of Conformity for Environmental Assessment No. R-05-84/T-5531/C-05-218 for the previously approved Vesting Tentative Tract Map, Rezone, and Conditional Use Permit. Therefore, the Public Works Department proposes adopting an Addendum to the prior Finding of Conformity. Pursuant to CEQA Guidelines Section 15164(a), a Lead Agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. An analysis has been performed pursuant to CEQA Guidelines Section 15162 to determine whether a subsequent environmental review is required for this project. Based upon this analysis, the following findings are made to support the determination that no subsequent environmental review is required: 1. No substantial changes are proposed in the project which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects because the project is being implemented as planned. The only minor technical change here is that the City will be performing the road widening work on behalf of the Developer. 2. No substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions to the prior Finding of Conformity due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 3. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time of the prior Finding of Conformity showing that: a. The project will have one or more significant effects not discussed in the prior Finding of Conformity; b. Significant effects previously examined will be substantially more severe than shown in the prior Finding of Conformity; c. Mitigation measures or alternatives previously found to be not feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the prior MND would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Based upon these findings, it has been determined that a subsequent Mitigated Negative Declaration is not required for this approval, and therefore staff has prepared an Addendum to the prior Finding of Conformity solely to effectuate the widening of Temperance Avenue as already discussed in the prior Finding of Conformity with the exception that the City will be performing the work. Please see the attached environmental assessment. LOCAL PREFERENCE Local Preference was not implemented as this item does not involve the bid or award of a construction or services contract. FISCAL IMPACT Tentative Tract Map No. 5531 and the Temperance Avenue railroad crossings are located within Council District 5. This Engineering Cost Reimbursement Agreement will not impact the City's General Fund because funds for the Engineering Cost Reimbursement Agreement will be paid from the Regional Street Impact Fee Program. Attachment: Engineering Cost Reimbursement Agreement