REPORT TO THE CITY COUNCIL FROM: SCOTT L. MOZIER, PE, Director Public Works Department NICHOLAS D. MASCIA, PE, Assistant City Manager Interim Director, Capital Projects Department BY: JASON A. CAMIT, PLS, Chief Surveyor Public Works Department, Traffic & Engineering Services Division NANCY BRUNO, Right of Way Manager Capital Projects Department, Capital Administration Division SUBJECT ..Title Actions pertaining to the disposition of City-owned, undeveloped portions of street right-of-way located at North Brawley Avenue and West Buckingham Way (Council District 1): 1. Adopt a finding of Categorical Exemption for Notice of Exemption Number P23-02136 and P19-04757, pursuant to Section 15332/Class 32 of the State of California Environmental Quality Act (CEQA) Guidelines 2. RESOLUTION - Of Intent Number 1163-D to vacate portions of undeveloped street right-of-way located at North Brawley Avenue and West Buckingham Way, a portion being City-owned right-of-way 3. Set the required public hearing for the Vacation of City-owned right-of-way at 9:10 a.m. on August 27, 2026 4. ***RESOLUTION - Declaring portions of undeveloped, City-owned right-of-way located at North Brawley Avenue and West Buckingham Way to be exempt surplus land (Subject to Mayor's Veto) 5. Approve the execution of the Agreement for Purchase and Sale of Real Property and Escrow Instructions for the sale of a portion of undeveloped, City-owned right-of-way, totaling approximately 0.36 acres (15,862 square feet), located at North Brawley Avenue and West Buckingham Way in the amount of $1,000 to Optimum Properties LLC, a California limited liability company, and authorize the City Manager or designee to execute the Purchase and Sale Agreement and associated Grant Deed and escrow documents for the transfer of the subject property ..Body RECOMMENDATIONS Staff recommends the City Council 1) adopt a finding of Categorical Exemption for Notice of Exemption Number P23-02136 and P19-04757, pursuant to Section 15332/Class 32 of the State of California Environmental Quality Act (CEQA), 2) adopt the attached Resolution of Intention Number 1163-D for the proposed vacation of undeveloped, City-owned street right-of-way located at North Brawley Avenue and West Buckingham Way, reserving the area for a public utility easement, 3) set the required public hearing for the Vacation of City-owned right-of-way at 9:10 a.m. on August 27, 2026, 4) adopt the attached Resolution declaring a combined 0.36 acre (15,862 square feet) portion of City-owned, undeveloped street right-of-way located at North Brawley Avenue and West Buckingham Way to be exempt surplus land pursuant to California Government Code Section 54221 (f)(1)(B) and (E), and 5) approve the execution of the Agreement for Purchase and Sale of Real Property and Escrow Instructions and authorize the City Manager or designee to execute the Purchase Agreement and associated Grant Deed and escrow documents with Optimum Properties LLC, a California limited liability company for the transfer of the subject property. EXECUTIVE SUMMARY The City of Fresno owns a portion of undeveloped public street right-of-way totaling 0.36 acres (15,862 square feet) located at North Brawley Avenue and West Buckingham Way. Additionally, a 0.33 acres (14,455 square feet) area, which the City owns in easement, is proposed to be vacated. These areas together total 0.696 acres (30,317 square feet) (the "Subject Property"). The City acquired fee title to its portion of the right-of-way when this parcel was relinquished by State of California to the County of Fresno on November 15, 1961, and the parcel was annexed into the City of Fresno on April 25, 1979. Optimum Properties LLC, a California limited liability company (the Buyer), owns the parcels adjacent to the Subject Property which are designated for commercial development. The proposed development will also include the area of the proposed excess right-of-way vacation. The Buyer is proposing to vacate the portion of the public street right-of-way located at North Brawley Avenue and West Buckingham Way. The purpose of this proposed vacation is to accommodate the construction of a commercial retail building, a gas canopy, and a car wash associated with Conditional Use Permit Application Numbers P23-02136 and P19-04757, and the proposed project is consistent with the Fresno General Plan. BACKGROUND The City of Fresno owns a 0.36-acre (15,862 square feet) portion of undeveloped public street right-of-way located at North Brawley Avenue and West Buckingham Way. In addition, the City owns a 0.33-acre (14,455 square feet) area in easement. This combined area no longer functions as a public street and is not needed by the City for any future use. The adjacent parcels are all owned by Optimum Properties LLC, a California limited liability company (the Buyer), and are designated for commercial development. The Buyer is proposing to vacate the affected portions of the right-of-way to accommodate construction of a commercial retail building, a gas canopy, and a car wash on approximately 5.42 acres of land consisting of two contiguous parcels under its ownership. City Staff (Staff) determined the value of the Subject Property - previously used as an unimproved dirt truck parking area - to be $1,000, consistent with values of undeveloped right-of-way throughout the City. The Buyer concurred with this valuation and signed the Purchase and Sale Agreement on June 25, 2026, and June 30, 2026. Staff recommend the City Council authorize the City Manager or designee to execute the Purchase and Sale Agreement, the Grant Deed, and all necessary escrow documents to complete the transfer of the Subject Property. City projects involving the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels may proceed when the division conforms to the General Plan and zoning requirements, requires no variances or exceptions, and when all services and access meeting local standards are available. The Subject Property was not created from a larger parcel within the past two (2) years and does not contain an average slope greater than 20 percent. The Public Works Department, along with other City departments and utility agencies, have reviewed the proposed vacation and determined that the street right-of-way proposed for vacation is unnecessary for present or future street purposes, as described in Exhibit "A-1" and as shown on Exhibit "B-1." This determination is subject to the reservation of a utility easement over a portion of the area proposed to be vacated and to the conditions listed in the Vacation Condition of Approval in Exhibit "C." The City will dispose of this portion of land in accordance with the Surplus Land Act. The City Attorney's Office has approved the attached Resolutions and Purchase and Sale Agreement as to form. If approved by Council at the public hearing, the vacation will become effective when the vacating resolution is recorded with the Fresno County Recorder, and after the City Engineer confirms that all conditions listed in the attached resolution have been satisfied. ENVIRONMENTAL FINDINGS Environmental Assessment for Conditional Use Permit Application Number P23-2136 & P19-04757, was filed with the Fresno County Clerk on October 24, 2023, and is Categorically Exempt pursuant to Section 15332/Class 32 of the California Environmental Quality Act (CEQA) Guidelines. LOCAL PREFERENCE Local preference was not considered because this item does not include a bid for or award of a construction or services contract. FISCAL IMPACT This vacation is located in Council District 1 and there will be no City funds involved with this vacation. The Buyer has paid, or will pay, all processing fees in accordance with the Master Fee Schedule to cover staff costs. Attachments: Notice of Exemption Number P23-02136 and P19-04757 Resolution of Intent No. 1163-D Resolution Declaring Surplus Land Exempt Purchase and Sale Agreement Exhibit A-1, Legal Description Exhibit B-1, Depiction Exhibit C, Vacation Condition of Approval Levine Act Disclosure Location Map #1 (Street Vacation with PUE Reservation Map) Location Map #2 (Surplus Land Map with Reservation) Vicinity Map