REPORT TO THE CITY COUNCIL February 4, 2021 FROM: SCOTT L. MOZIER, PE, Director Public Works Department THROUGH: RANDALL W. MORRISON, PE, Assistant Director Public Works Department, Engineering Division BY: JASON A. CAMIT, PLS, Chief Surveyor Public Works Department, Engineering Division, Right of Way Section SUBJECT ..Title Actions pertaining to the dedication of a portion of City-owned property for public street purposes, to accommodate the rehabilitation and relocation of a public sidewalk along the northwesterly side of Tulare Street, easterly of P Street. (Council District 3) 1. Adopt a finding of Categorical Exemption per staff determination, pursuant to Section 15301, Section 15302, and Section 15305 of the California Environmental Quality Act (CEQA) Guidelines, Environmental Assessment Number PW00044. 2. RESOLUTION - Dedicating a portion of City-owned property for public street purposes to accommodate the rehabilitation and relocation of a public sidewalk along the northwesterly side of Tulare Street, easterly of P Street. ..Body RECOMMENDATIONS Staff recommends the City Council adopt a resolution dedicating a portion City-owned property for public street purposes, to accommodate the rehabilitation and relocation of a public sidewalk along Tulare Street, easterly of P Street. EXECUTIVE SUMMARY The City of Fresno is proposing to dedicate additional public street right of way for the rehabilitation and relocation of a public sidewalk along the northwesterly side of Tulare Street, easterly of P Street. BACKGROUND The Tulare Street Sidewalk Repairs project is proposing to repair this portion of public sidewalk. The sidewalk has been uplifted by tree roots adjacent to the sidewalk and is in need of reconstruction. In order to accomplish the rehabilitation while preserving the existing mature trees, the sidewalk will need to be relocated northwesterly 6 feet. If the sidewalk were to be rehabilitated in its current location, the existing trees would need to be removed. Staff would like to preserve these mature trees and relocate and rehabilitate the sidewalk to the northwest of its current location. The Traffic Operations and Engineering Services Divisions as well as other City departments have determined that the proposed public street easement dedication as described in Exhibit "A" and shown in Exhibit "B" attached herein are adequate for the rehabilitation and relocation of the public sidewalk. The City Attorney's Office has approved the attached Resolution as to form. ENVIRONMENTAL FINDINGS This project is exempt under Sections 15301/Class 1 (Existing Facilities), Sections 15302/Class 2 (Reconstruction or Replacement) and 15305/Class 5 (Minor Alteration in Land Use Limitations) 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. Section 15301 (Class 1/Existing Facilities) of the CEQA Guidelines exempts from the provisions of CEQA, projects consisting of the operation, repair, maintenance, permitting, leasing, 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. Examples include but are not limited to: Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; and, existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). This project falls within this categorical exemptions since it is altering the location of an existing public sidewalk for the same use. Section 15302 (Class 2/Reconstruction or Replacement) of the CEQA Guidelines exempts from the provisions of CEQA, consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. This project falls within this categorical exemptions since it is replacing and reconstructing an existing public sidewalk for the same use. Section 15305 (Class 5/Minor Alteration in Land Use Limitations) of the CEQA Guidelines exempts from the provisions of CEQA, projects consisting of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to minor lot line adjustments not resulting in the creation of any new parcel. This project falls within this categorical exemptions since the relocation and reconstruction of an existing public sidewalk is a minor alteration of the land for the same use. The proposed vacation of the above-described land meets the criteria noted above. There is no substantial evidence in the record that any of the exceptions to these Categorical Exemptions, set forth in CEQA Guidelines, Section 15300.2 apply to this project. Therefore, no adverse environmental impacts will occur as a result of the proposed project. LOCAL PREFERENCE Local preference does not apply because the dedication of a public street easement does not involve bidding or contracting. FISCAL IMPACT The project will be accomplished within the adopted budget for the Public Works Department. Attachments: Vicinity Map Environmental Assessment Resolution