REPORT TO THE CITY COUNCIL December 14, 2017 FROM: SCOTT L. MOZIER, PE, Director Public Works Department BY: RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division CRAIG L. HANSEN, Supervising Real Estate Agent Public Works Department, Real Estate Services Section CATHY RODRIGUEZ, Senior Real Estate Agent Public Works Department, Real Estate Services Section SUBJECT ..Title Actions pertaining to the widening of Clinton Avenue between Fowler Avenue and Locan Avenue, as conditioned for the Benchmark Communities development, Tract Map 5341 (Council District 4) 1. Approve the acquisition of 6,928 square feet of permanent street easement from property owned by Anthony J. Rocha and Emily K. Rocha, in the amount of $33,000.00 (APN: 310-041-20) to widen Clinton Avenue between Fowler Avenue and Locan Avenue. 2. Authorize the Public Works Director, or his designee, to sign all documents necessary to complete the transaction. ..Body RECOMMENDATION Staff recommends that the City Council approve the acquisition of 6,928 square feet of permanent street easement from property owned by Anthony J. Rocha and Emily K. Rocha, in the amount of $33,000.00 (APN: 310-041-20) to widen Clinton Avenue between Fowler Avenue and Locan Avenue for Tract Map 5341 and authorize the Public Works Director, or his designee, to sign all documents necessary to complete the transaction. EXECUTIVE SUMMARY Benchmark Communities has requested City assistance to acquire right-of-way from six parcels along Clinton Avenue between Fowler Avenue and Locan Avenue. The right-of-way is necessary for the construction of the required roadway improvements. As part of the subdivision agreement for Tract Map 5341, Benchmark Communities deposited $250,000 to fund City staff costs, as well as the value of the easements to be acquired. BACKGROUND Benchmark Communities has received City approval to construct a residential housing tract with 161 homes on the south side of Clinton, east of Temperance. The Tentative Tract Map Conditions of Approval require that Benchmark widen Clinton Avenue between Fowler Avenue and Locan Avenue. The work on Clinton Avenue also includes the installation of a sewer main and a large diameter storm drain pipe. The City needs to acquire 6,928 square feet of permanent street easement in order for the developer to be able to construct the infrastructure defined as part of the Tentative Tract Map Conditions of Approval. The City retained Kelly P. Stevens, Real Property Analysts, to appraise the property. Mr. Stevens works under the direction of Lawrence D. Hopper, MAI. The City Attorney's Office has reviewed and approved the acquisition documents as to form. ENVIRONMENTAL FINDINGS Environmental Assessment No. R-04044/T-5341 was prepared for this project and adopted on June 26, 2007. This approval is to implement a portion of the project. An analysis has been performed pursuant to CEQA Guidelines � 15162 to determine whether 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. 2. No substantial changes occurred with respect to the circumstances under which the project was undertaken 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. 3. There is no new information, which was not known and could not have been known at the time of the EIR that was not discussed in the EIR. Based upon these findings, it has been determined that no further environmental documentation is required for this project. LOCAL PREFERENCE Local preference was not considered because the acquisition of this property does not include a bid or award of construction or services contract. FISCAL IMPACT There will be no impact to the General Fund. Benchmark Communities has deposited $250,000 to cover any and all costs, including legal fees, contingency and City staff costs. Attachments: Vicinity Map Location Map Purchase and Sale Agreement