REPORT TO THE CITY COUNCIL October 22, 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 Actions pertaining to the summary vacation of two portions of right-of-way of the former "Monterey Street Overpass" at "G" Street and Freeway 41 (Council District 3). 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Sections 15332/Class 32, 15304/Class 4, 15302/Class 2 and 15312/Class 12 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. EA-15-025. 2. RESOLUTION - Ordering the summary vacation of two portions of public street right-of-way of the former "Monterey Street Overpass" and associated on-ramps bounded by the California Avenue overpass, Golden State Boulevard, Monterey Street (previously vacated) and "G" Street and separated by State Route Freeway 41. ..Body RECOMMENDATIONS Staff recommends the City Council adopt a finding of Categorical Exemption per staff determination, pursuant to Sections 15332/Class 32 (In-fill Development Projects), 15304/Class 4 (Minor Alterations to Land), 15302/Class 2 (Replacement or Reconstruction) and 15312/Class 12 (Surplus Government Property Sales) of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment No. EA-15-027, adopt the attached resolution ordering the summary vacation of two portions of public street right-of-way of the former "Monterey Street Overpass" at "G" Street and Freeway 41, and authorize the City Manager to execute a quitclaim deed to the Fresno Rescue Mission for said vacated portions. EXECUTIVE SUMMARY The City of Fresno on behalf of the Fresno Rescue Mission is requesting the proposed vacation. The purpose of the vacation is to vacate and quitclaim the excess right-of-way held in fee simple title to the Fresno Rescue Mission. Thereafter, the Fresno Rescue Mission will use the areas to construct new facilities because their existing facilities will be displaced by the California High Speed Rail project. BACKGROUND The Monterey Street Bridge was constructed by the State of California as part of the former State Route 4 and 99 interchange providing access to Route 4 along Broadway Street into downtown Fresno. The City closed the bridge in 2004 because it was found to be deteriorating during an inspection. The bridge and associated ramps connecting with Golden State Boulevard and California Avenue were demolished in 2012. There are no street improvements or public utilities remaining within the areas to be vacated. The public street right-of-way proposed to be vacated are 1.200 acre and 1.168 acre portions of highway right-of-way that was acquired by the State of California in fee simple title by numerous deeds in the late 1940's for the interchange of former State Route 4 and 99. After Route 99 was relocated to the present route, the State relinquished the interchange to the City of Fresno on May 20, 1964, for use as city streets. The Fresno Rescue Mission serves a vital role in helping the homeless in downtown Fresno. Staff believes a transfer of ownership to the Fresno Rescue Mission serves the public interest. It will also reduce the amount of vacant property the City expends funds on for weed removal and trash abatement. Staff recommends that it is in the City's best interest to quitclaim the two parcels to the Fresno Rescue Mission for $1.00. The attached resolution authorizes the City Manager or designee to execute the deed to quitclaim all of the City's right, title and interest in the vacated portions to the Fresno Rescue Mission. The Traffic and Engineering Services Division, other City departments and utility agencies reviewed this proposal and determined there are no public utility facilities within the area proposed for vacation that would be affected by the vacation and the area proposed for vacation is unnecessary for present or prospective public street purposes. The provisions of Chapter 4, commencing with Section 8330 of the California Streets and Highways Code, authorize the Council to summarily vacate a public street easement that is considered excess right-of-way not required for street or highway purposes and has no public utility facilities within the area to be vacated that would be affected by the vacation. Under these provisions, only one Council action is necessary and a published notice, posting and public hearing are not required. The vacation, if approved by the Council, will become effective when the vacating resolution is recorded in the office of the Fresno County Recorder. The City Attorney's Office has reviewed and approved the attached resolution as to form. ENVIRONMENTAL FINDINGS Staff has performed a preliminary environmental assessment of this project and has determined this project is exempt under Sections 15332/Class 32 (In-fill Development Projects), 15304/Class 4 (Minor Alterations to Land), 15302/Class 2 (Replacement or Reconstruction) and 15312/Class 12 (Surplus Government Property Sales) 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 Local preference does not apply because the vacation of public right-of-way does not involve bidding or contracting. FISCAL IMPACT There will be no impact to the City's General Fund regarding the vacation because it is being funded by the California High Speed Rail Authority. The $1.00 will be deposited into the Public Works Real Estate fund which is used annually for weed abatement on City-owned excess parcels. Attachments: Vicinity Map EA-15-025 Resolution