REPORT TO THE CITY COUNCIL FROM: SCOTT L. MOZIER, PE, Director Public Works Department BY: ANDREW J. BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic Operations and Planning Division SUBJECT ..Title Approve the County of Fresno's request to acquire a road easement without eminent domain action from one parcel in City jurisdiction adjacent to existing City right-of-way for a County capital project to widen and improve Jensen Avenue between Martin Luther King Jr Boulevard and Fruit Avenue (District 3). ..Body RECOMMENDATION Approve the County of Fresno's request to acquire a road easement without eminent domain action from one parcel adjacent to existing City right-of-way for a County capital project to widen and improve Jensen Avenue between Martin Luther King Jr Boulevard and Fruit Avenue (District 3). EXECUTIVE SUMMARY The County of Fresno, with support from the City of Fresno, was the applicant for a Surface Transportation Block Grant (STBG) to repave and improve Jensen Avenue between MLK Boulevard and Fruit Avenue. The County is taking the lead on designing and constructing the project, as part of a larger repaving effort between West Avenue and MLK Boulevard. The City limit line is down the section line of Jensen for most of the project limits, but all four corners of the Jensen / MLK Boulevard intersection are within the City. Additional street right-of-way is needed on the south side of Jensen near MLK Boulevard to complete the project. The County staff is requesting authorization to contact the landowners and purchase the right-of-way. The additional right-of-way will be dedicated to the City. BACKGROUND The County of Fresno was awarded an STBG grant in 2018 to reconstruct Jensen Avenue between MLK Boulevard (Fig) and Fruit Avenue. The project also includes widening Jensen to have bike lanes and an eight-foot parking lane. New curb ramps will be installed to meet the requirements of the Americans with Disabilities Act. The County is requesting authorization to acquire additional right-of-way on the south side of Jensen near MLK Boulevard. The right-of-way that is needed is from a vacant parcel of land. No homes or other structures will be impacted by the right-of-way acquisition or by the other work on this project. Section 1810 of the Streets and Highways Code provides the basis for the County to request this action by the City Council. The newly acquired right-of-way will be maintained by the City in accordance with this code section. ENVIRONMENTAL FINDINGS The County filed a Notice of Exemption for a CEQA Guidelines Section 15301 (Existing Facilities) on May 14, 2019. In July 2019, Caltrans determined that this project has no significant impacts on the environment as defined by the National Environmental Policy Act (NEPA) per 23 CFR 771.117(c)(26). The County of Fresno and Caltrans are the lead agencies; the City is the responsible agency. LOCAL PREFERENCE Local preference was not considered because this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT The staff costs to prepare this request have been accommodated within the adopted operating budget of the Public Works Department with no impact to the General Fund. The City will have a share of any portion of the project construction costs that are not funded through Federal transportation dollars. Approximately 89 percent of the Jensen Avenue asphalt concrete pavement between Fruit Avenue and Martin Luther King Jr Boulevard is within the City of Fresno's jurisdiction. Any City funding needed for the construction phase will be identified through the regular budget process. Attachments: Letter from the County of Fresno Deed of Easement with Exhibit A and Exhibit B