REPORT TO THE CITY COUNCIL
FROM: NICHOLAS D. MASCIA, PE, Assistant City Manager
Interim Director-Capital Projects Department
SCOTT L. MOZIER, PE, Director
Public Works Department
BY: KEVIN GROSS, PE, Assistant Director
Capital Projects Department, Transportation Project Management Division
YUE LEHMAN, PE, Licensed Professional Engineer
Capital Projects Department, Transportation Project Management Division
SUBJECT
Title
Actions pertaining to the Habitat Restoration and Revegetation Plan in support of the River West Eaton Trail Extension Project:
1. RESOLUTION - Adopting Findings Pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15091 and 15093 as Required by CEQA Guidelines Section 15096 for the Habitat Restoration and Revegetation Plan in Support of the River West Eaton Trail Extension Project;
2. ***RESOLUTION - Approving the Application and Acceptance of $172,000.00 in Grant Funds from the Wildlife Conservation Board and Authorizing Execution of Grant Related Documents for the Habitat Restoration and Revegetation Plan in Support of the River West Eaton Trail Extension Project. (Subject to Mayor’s Veto)
Body
RECOMMENDATIONS
Staff recommends the City Council approve the resolution adopting the San Joaquin River Conservancy’s November 15, 2017 Environmental Impact Report (EIR) which contemplated and set forth Best Management Practice BMP BIO-05, which called for the development and implementation of Habitat Restoration and Revegetation Project, and incorporated it in the project description as a component that would be implemented during the project implementation, construction, operation and maintenance pursuant to CEQA Guidelines 15091 and 19503 as required by CEQA Guidelines 15096.
Staff further recommends the City Council adopt the resolution approving the application for and acceptance of $172,000 in grant funds from the Wildlife Conservation Board and authorize the Public Works Director or Designee to execute all grant related documents for the Habitat Restoration and Revegetation Plan (HRRP) in support of the River West Trail Extension Project (Trail Extension Project).
EXECUTIVE SUMMARY
Staff is requesting authorization to apply for and accept grant funds from the Wildlife Conservation Board (WCB) for the enhancement or restoration of fish and wildlife habitat and for the development of public access facilities for hunting, fishing, or other wildlife-oriented recreational uses. The approval of the WCB grant application and authority to accept grant funds and execute all grant documents will allow the City of Fresno to allocate and appropriate funding for the HRRP in support of the Trail Extension Project. The Trail Extension Project will extend the existing Lewis S. Eaton Trail approximately 2.4 miles, starting at the Perrin Avenue alignment near Highway 41 and ending at the City’s Spano Park. The HRRP will restore previously disturbed habitats within the Trail Extension Project footprint and will provide guidance on decommissioning the existing trails to be restored to native drought tolerant habitats that will benefit common species and species of special concern.
BACKGROUND
In 2018, the San Joaquin River Conservancy updated the San Joaquin River Parkway Interim Master Plan (Master Plan) that was originally adopted in 1997. The updated Master Plan describes public access and recreational improvements along a 22-mile stretch of the San Joaquin River between Friant Dam and Highway 99. This update provided a plan to guide future improvements that would improve public access and recreational facilities in the area located along the south side of the San Joaquin River just north of the Palm Bluffs, between Highway 41 and Spano Park.
The River West Eaton Trail Extension Project will provide increased public access to the river for all residents of the City of Fresno and visitors to the area. The Environmental Impact Report (EIR) for the Trail Extension Project was approved by the San Joaquin River Conservancy on August 12, 2020, and it requires the development of the HRRP. The plan seeks to restore impacts to habitats from the Trail Extension Project while also restoring pre-existing disturbance from social trails and compacted, ruderal habitats. Restoration of these areas would ultimately provide greater value to wildlife and create greater resiliency within the San Joaquin River Parkway habitats.
The San Joaquin River Conservancy Board approved the River West Eaton Trail Extension grant application on September 1, 2021. The Wildlife Conservation Board approved the grant on November 18, 2021.
On December 9, 2021, the City Council approved the application for grant funds from the Wildlife Conservation Board and authorized the execution of all grant related documents for the River West Eaton Trail Extension Project. A Notice to Proceed has been issued on January 7, 2022, for the planning activities for the Extension Project to begin.
The WCB awarded to the Trail Extension Project to date totals $3,104,831.
The City Attorney’s Office has reviewed and approved the Resolutions as to form.
ENVIRONMENTAL FINDINGS
Pursuant to CEQA Guidelines Section 15381, “‘Responsible Agency’ means a public agency which proposes to carry out or approve a project, for which a Lead Agency is preparing or has prepared an EIR or Negative Declaration.” The City is a Responsible Agency for the implementation of the Habitat Restoration and Revegetation Plan in support of River West Fresno Eaton Trail Extension Project. CEQA Guidelines Section 15096 lays out the process required for a Responsible Agency when implementing a project, or any portion thereof. Under CEQA Guidelines Section 15096(f), a Responsible Agency must consider the environmental effects identified in the EIR prepared by the Lead Agency when preparing to implement any portion of a project for which the agency is responsible.
The SJRC is the Lead Agency for the River West Fresno Eaton Trail Extension Project, as defined by CEQA Guidelines Section 15367. The SJRC prepared an EIR for the River West Fresno Eaton Trail Extension Project, identified by SCH No. 2014061017 (the River West Fresno Project EIR). The River West Fresno Project EIR was certified on November 15, 2017, and analyzed several components of the River West Fresno Eaton Trail Extension Project, including but not limited to Best Management Practice BMP BIO-5 which calls for the development and implementation of a Habitat Restoration and Revegetation Plan for the maintenance, restoration and decommission of disturbed habitats within the Project footprint and was incorporated into the project description and was thus contemplated and assessed by the EIR.
Pursuant to CEQA Guidelines Section 15096(f), a Responsible Agency must only prepare a subsequent EIR if it is required under CEQA Guidelines Section 15162. An analysis has been performed pursuant to CEQA Guidelines Section 15162 to determine whether a subsequent environmental review is required for this project. Based upon this analysis, the following findings are made to support the determination that no subsequent environmental review is required:
1. No substantial changes are proposed in the project which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects because the project is being implemented as planned. Specifically, this item will implement Best Management Practice BMP BIO-5 as contemplated by the EIR.
2. No substantial changes occurred with respect to the circumstances under which the project is undertaken which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
3. There is no new information, which was not known and could not have been known at the time of the previous EIR showing that:
a) The project will have one or more significant effects not discussed in the previous EIR;
b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c) Mitigation measure or alternatives previously found to be not feasible are now feasible and would substantially reduce one or more significant effects of the project.
Based upon these findings, it has been determined that a subsequent EIR is not required for this approval.
The Resolution proposed for adoption, and the corresponding Exhibit, fulfills the City’s requirement to adopt findings pursuant to the requirements of CEQA Guidelines Sections 15091 and 15093, as specified by Section 15096(h), including ratification and adoption of the SJRC certified EIR for the River West Fresno Eaton Trail Extension Project.
LOCAL PREFERENCE
Local preference is not applicable because this resolution does not include a bid or award of a construction services contract.
FISCAL IMPACT
The River West Eaton Trail Extension Project is located in Council District 2. This resolution will have no impact on the General Fund. No funds will be expended prior to WCB allocation and formal notice to proceed documentation is received, ensuring the availability of funds before costs are incurred.
Attachments:
Vicinity Map
Resolution - CEQA
Resolution - Acceptance Grant Fund