Acciones relacionadas con la adquisición de derechos de propiedad en una parcela ubicada en 3811 North Orchard Street, para beneficiar el Proyecto de Mejoras Blackstone Shields-Dakota AHSC (Distrito de Concejal 4): 1. Adoptar una conclusión de Exención Categórica para la Evaluación Ambiental Número PW01119, de conformidad con la Sección 15301/Clase 1 de las Pautas de la Ley de Calidad Ambiental de California (CEQA) del Estado de California 2. AUDIENCIA para considerar una Resolución de Necesidad para la adquisición de una servidumbre de calle permanente, una servidumbre de peatón permanente, y una servidumbre de construcción temporal para fines de calle pública, pasarela peatonal y servicios públicos en porciones del Número de Parcela del Avaluador 436-292-07, propiedad de Salvador y Karina Cisneros, para la construcción del Proyecto de Mejoras de Vivienda Asequible y Comunidades Sostenibles (AHSC) Blackstone Shields-Dakota 3. ***RESOLUCIÓN - Determinando que el interés público y la necesidad requieren la adquisición de una servidumbre de calle permanente, una servidumbre de peatón permanente, y una servidumbre de construcción temporal para fines de calle pública, pasarela peatonal y servicios públicos sobre, bajo, a través y en toda la extensión de porciones del Número de Parcela del Avaluador 436-292-07, propiedad de Salvador y Karina Cisneros, para la construcción del Proyecto de Mejoras Blackstone Shields-Dakota AHSC, y autorizando procedimientos de dominio eminente para uso y propósito público (Requiere Cinco Votos Afirmativos) (Sujeto al Veto del Alcalde)

REPORT TO THE CITY COUNCIL FROM: BRIAN RUSSELL, Director Public Works Department NICHOLAS D. MASCIA, PE, Assistant City Manager Interim-Director-Capital Projects Department BY: DANIEL VANG, 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 property rights on a parcel located at 3811 North Orchard Street, to benefit the Blackstone Shields-Dakota AHSC Improvements Project (Council District 4): Adopt a finding of Categorical Exemption for Environmental Assessment Number PW01119, pursuant to Section 15301/Class 1 of the State of California Environmental Quality Act (CEQA) Guidelines HEARING to consider a Resolution of Necessity for acquisition of a permanent street easement, a permanent pedestrian easement, and a temporary construction easement for public street, pedestrian walkway, and utility purposes on portions of Assessor’s Parcel Number 436-292-07, owned by Salvador and Karina Cisneros, for the construction of the Blackstone Shields-Dakota Affordable Housing and Sustainable Communities (AHSC) Improvements Project ***RESOLUTION – Determining that public interest and necessity require acquisition of a permanent street easement, a permanent pedestrian easement, and a temporary construction easement for public street, pedestrian walkway, and utility purposes over, under, through, and across portions of Assessor’s Parcel Number 436-292-07, owned by Salvador and Karina Cisneros, for the construction of the Blackstone Shields-Dakota AHSC Improvements Project, and authorizing eminent domain proceedings for public use and purpose (Requires Five Affirmative Votes) (Subject to Mayor’s Veto) ..Body RECOMMENDATIONS Staff recommends the City Council: 1) adopt a finding of Categorical Exemption for Environmental Assessment Number PW01119, pursuant to Section 15301/Class 1 (Existing Facilities) of the CEQA Guidelines; 2) conduct a public hearing to consider the adoption of a Resolution of Necessity for the acquisition of (1) a 0.0197-acre (858.12 square feet) permanent public street easement, (2) a 0.00273-acre (118.76 square feet) permanent public pedestrian easement, and (3) a 0.01417-acre (617.46 square feet) temporary construction easement from portions of the real property identified as Assessor’s Parcel Number (APN) 436-292-07, owned by Salvador and Karina Cisneros, for the construction of the Blackstone Shields-Dakota Affordable Housing and Sustainable Communities (AHSC) Improvements Project; and 3) adopt the Resolution of Necessity, which states that public interest and necessity require acquisition of a permanent street easement, a permanent pedestrian easement, and a temporary construction easement for public street, pedestrian walkway, and utility purposes over, under, through, and across portions of APN 436-292-07, owned by Salvador and Karina Cisneros, for the construction of the Blackstone Shields-Dakota AHSC Improvements 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 portions of APN 436-292-07, located at 3811 North Orchard Street in Fresno, California (the Subject Property), will provide the City with a permanent street easement, a permanent pedestrian easement, and a temporary construction easement (collectively, the Easements). The Easements are necessary to support construction for the Blackstone Shields-Dakota AHSC Improvements Project (the Project). The Easements on the Subject Property, owned by Salvador and Karina Cisneros (collectively, the Owner), comprise approximately 0.037-acre (1,594.34 square feet) in total and include existing improvements that will be evaluated 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 for the required property rights on the Subject Property. To acquire the Easements, the City must secure a court order through the eminent domain process. Adoption of this action requires five (5) affirmative votes and is subject to veto by the Mayor. BACKGROUND The City of Fresno (City) proposes implementing the Blackstone Smart Mobility Plan by reducing Blackstone Avenue’s vehicular travel lanes from six (6) lanes to four (4), including designated bus-only lanes on the outside of the Number 2 travel lanes. The Project includes enhanced pedestrian lighting along this segment of Blackstone Avenue and widening the sidewalk between Shields and Dayton Avenues to twelve (12) feet, accompanied by a landscaped park strip. Within the Project limits, landscaping, irrigation, signage, and restriping will be installed. Class IV bike lanes are proposed on both sides of Blackstone Avenue between Shields and Dakota Avenues. Traffic signals within the Project limits will be updated in accordance with the revised travel lane configuration. Additionally, improvements will be made to the median island to accommodate the installation of a High Intensity Activated Crosswalk (HAWK) beacon system between Garland and Dakota Avenues. The Project will also install sidewalk and ADA-compliant curb ramps along the north side of Dakota Avenue, from west of Angus Street to First Street. To accommodate construction of the Project, the acquisition of certain property rights is required. One of the affected properties is APN 436-292-07, located at 3811 North Orchard Street. The larger parcel comprises approximately 0.33-acre (14,490 square feet). From this parcel, a total of 0.037-acre (1,594.34 square feet) (the Acquisition Area) is needed in the form of a permanent street easement, a permanent pedestrian easement, and a temporary construction easement to provide the space necessary for Project improvements. City Staff (Staff) retained Real Property Analysts (RPA) to appraise and determine the value of the Acquisition Area on the Subject Property. The appraisal report, with a date of value of July 13, 2026, concluded that the fair market value (FMV) of the Easements is $17,600.00, as defined by Section 1263.320 of the Code of Civil Procedure. Pursuant to Section 7267.2 of the Government Code, a first written offer of just compensation in the full amount of the appraised value was sent via USPS First-Class Mail to the Owner by Staff on July 28, 2026, and again on August 3, 2026, via email. On August 10, 2026, the Owner confirmed receipt of the offer package and stated they would take a week to review it before responding. Since that date, Staff has made eleven (11) attempts to reach the Owner via email and phone without success. On September 10, 2026, Staff sent a final letter requesting a meeting to discuss the offer via FedEx, which was confirmed delivered on September 11, 2026. This final outreach was made prior to Staff recommending that the Council adopt a Resolution of Necessity (RON). To date, no response has been received from the Owner. Staff recommend 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 Resolution of Necessity must be adopted prior to the commencement of eminent domain proceedings (see Attachment, Resolution of Necessity Requirements). The Project is funded through the Affordable Housing and Sustainable Communities (AHSC) and Measure C Transit Oriented Development (TOD) Program Funds. The City Attorney’s Office has reviewed and approved the Resolution of Necessity. ENVIRONMENTAL FINDINGS Staff performed an environmental assessment of this project and determined it falls within the Categorical Exemption set forth in CEQA Guidelines, Section 15301/Class 1 (Existing facilities). Section 15301/Class 1 of the CEQA Guidelines exempts from the provisions of CEQA, projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The Project is consistent with the provision of a Class 1 Categorical Exemption because it would improve existing streets by changing the travel lane configuration such as designated bus-only lanes and buffered bicycle lanes and add pedestrian sidewalk. The Project would not increase the number of travel lanes or otherwise increase roadway capacity. None of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this Project. The City Attorney’s Office has reviewed the Environmental Assessment as to form. 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 This Project, located in Council District 4, has no fiscal impact on the General Fund. The contract will be funded by Affordable Housing and Sustainable Communities (AHSC) and Measure C Transit Oriented Development (TOD) Program Funds. Attachments: Environmental Assessment No. PW01119 Resolution of Necessity (RON) Resolution of Necessity Requirements Vicinity Map Location Map Staff Presentation