REPORT TO THE CITY COUNCIL FROM: NICHOLAS D. MASCIA, PE, Assistant City Manager Interim Director-Capital Projects Department BY: ANTONIO M. BUELNA, PE, Assistant Director Capital Projects Department, Capital Administration Division NANCY BRUNO, Right of Way Manager Capital Projects Department, Capital Administration Division SUBJECT ..Title RESOLUTION - Authorizing the City Manager or designee to approve and accept the determination of just compensation for acquisition of real property and property rights for City Projects (Citywide). ..Body RECOMMENDATION Staff recommends the City Council adopt a Resolution authorizing the City Manager or their designee to approve and accept the determination of just compensation for the acquisition of real property and property rights for City Projects. EXECUTIVE SUMMARY Adoption of the Resolution will provide delegated authority to the City Manager or their designee to approve and accept the determination of just compensation through an approved appraisal or waiver valuation prepared by City staff or right of way consultants for the acquisition of real property and property rights. This will help meet project deadlines, funding obligations, and public expectations for timely project delivery, subject to approval as to form by the City Attorney's Office and compliance with City of Fresno Administrative Order 2-1. The City approves acquisition funding in a separate step, usually as a component of Project funding; this process would not diminish City Council approval of proposed City projects. BACKGROUND The Fifth Amendment to the United States Constitution requires a determination of just compensation for each property interest acquired for public use. In addition, the Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) mandates that before the initiation of negotiations with property owners for the acquisition of real property or property rights, an amount which is believed to be just compensation must be established based on an approved appraisal or waiver valuation prepared by City staff or right of way consultants. This requirement is outlined in 49 CFR 24.102(d) to ensure fairness, consistency, and adherence to federally recognized standards in real estate transactions. Currently, the City of Fresno does not have a designated official authorized to approve and accept the determination of just compensation. This absence presents challenges in meeting project timelines, securing necessary funding, and fulfilling public expectations for efficient project delivery. Adoption of the Resolution authorizing the City Manager or their designee to approve and accept the determination of just compensation on behalf of the City for the acquisition of all project-related real property and property rights. This will assist in meeting project deadlines, funding obligations, and public expectations for timely project delivery, subject to approval by the City Attorney's Office and compliance with City of Fresno Administrative Order 2-1. The City approves acquisition funding in a separate step, usually as a component of Project funding; this process would not diminish City Council approval of proposed City projects. The City Attorney's Office has reviewed and approved the Resolution as to form. ENVIRONMENTAL FINDINGS By the definition in California Environmental Quality Act (CEQA) Guidelines Section 15378 this item is not a project for purposes of CEQA. LOCAL PREFERENCE Local preference was not implemented as this action does not involve the bid or award of a construction or services contract. FISCAL IMPACT The adoption of the attached Resolution will have no impact on the General Fund. Attachment: Resolution