DATE: July 18, 2023
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Request by the City of Fresno to Obtain Right-of-Way in the Unincorporated Area of Fresno County
RECOMMENDED ACTION(S):
TITLE
Approve request by the City of Fresno to acquire right-of-way, excluding eminent domain condemnation actions, from parcels adjacent to existing County right-of-way in an identified unincorporated area of the County as needed in conjunction with the City’s development of street improvements on N. Cedar Avenue, between E. Jensen and E. Church Avenues.
REPORT
Approval of the recommended action will authorize the City of Fresno (City) (Attachment A) to acquire additional right-of-way (ROW) in the unincorporated area, on N. Cedar Avenue, between E. Jensen and E. Church Avenues (Attachment B), to provide street improvements. The City has been advised that your Board’s approval of the recommended action does not include approval to undertake eminent domain proceedings. This item pertains to a location in District 3.
ALTERNATIVE ACTION(S):
If your Board does not approve the action, the City will be unable to acquire right-of way and construct street and intersection improvements on N. Cedar Avenue, between E. Jensen and E. Church Avenues.
FISCAL IMPACT:
The County will pay a local match under a Project Specific Supplemental Agreement to pay all of the local match for ROW acquired in the County and will share the local match on the project’s design and construction in accordance with our jurisdictional share. The estimated cost will be approximately $128,000 to be paid out of the County’s Measure C Flexible Spending allocation. After acquisition, the ROW will be dedicated to the County. Construction management of the work will be performed by the City and the Department of Public Works and Planning staff will provide oversight inspection of the improvements through application of an encroachment permit for the work in County areas.
DISCUSSION:
The City plans to make street and intersection improvements on N. Cedar Avenue, between E. Jensen and E. Church Avenues (Attachment B). North Church Avenue is designated as Arterial in the County General Plan. Arterials provide for mobility within the county and its cities, carrying through traffic on continuous routes and joining major traffic generators, freeways, expressways, super arterials, and other arterials. Access to abutting private property and intersecting local streets is generally restricted.
Section 1810 of the Streets and Highways Code allows the Board of Supervisors to consent to the acquisition of a road easement by a city outside of its city limits when necessary to connect or widen the existing streets of the acquiring city. If your Board consents to the acquisition of ROW by the City, the acquired ROW becomes a city street for all purposes. The proposed ROW acquisition is consistent with the need for street improvements per the plans provided by the City. Department staff has reviewed the street improvement plans, and any work within the County road ROW will be processed through an encroachment permit.
OTHER REVIEWING AGENCIES:
The recommended action was initiated at the request of the City of Fresno.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Attachment A - City of Fresno Letter
Attachment B - Map
CAO ANALYST:
Salvador Espino