DATE: June 4, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Goodfellow Avenue Shoulder Improvement, (Recirculated Initial Study No. 7859, SCH No. 2021080624), Federal Project Number CML-5942(298)
RECOMMENDED ACTION(S):
TITLE
Consider the recirculated Initial Study 7859 and adopt the proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the Goodfellow Avenue Shoulder Improvement Project on Goodfellow Avenue, located approximately 0.71 mile east of South Channel Road (Recirculated Initial Study Application No. 7859, SCH No. 2021080624), Federal Project Number CML-5942(298).
REPORT
Pursuant to the California Environmental Quality Act (CEQA), the Department of Public Works and Planning (Department) prepared Initial Study (IS) No. 7859 (IS 7859). The findings of IS 7859 support the adoption of a Mitigated Negative Declaration (MND), where mitigation measures are imposed to reduce project impacts on the environment to a less than significant level (See Exhibit A). A MND and Mitigation Monitoring and Reporting Program (MMRP) have been prepared for the Goodfellow Avenue Shoulder Improvement Project (Project) (See Exhibits B and C).
The Department has concluded, based on the findings of IS 7859 and the public comments received during the 30-day circulation period of the environmental document and up to the date this item was prepared, that the preparation of an environmental impact report (EIR) is not required for the Project. The Department recommends adoption of an MND and MMRP based on the findings of IS 7859 and public commentary received up to the date this item was prepared. This item pertains to a location in District 4.
ALTERNATIVE ACTION(S):
If your Board receives any public comments after this item was prepared, Staff will request the Clerk of the Board to pull this item from the consent calendar so that Staff can present the item as a regular item. In that case, your Board would need to determine whether or not there is substantial evidence in the record before your Board (including IS 7859 and any public comments received either in advance of or at today’s Board meeting), that the Project may have a significant effect on the environment. In that case, the Department identifies two possible alternative actions for your Board to decide and direct:
(1) Reject evidence that your Board specifically identifies and concludes not to be credible, and decide whether to approve the recommended action; or
(2) Determine that there is enough new relevant information and reasonable inferences from this new information that a “fair argument” can be made to support a conclusion that further environmental analysis is needed and direct the Department to either (a) modify the MMRP to reduce that impact or impacts to a less than significant level; or (b) prepare an EIR. In either such case, this would require the Department to return to your Board at a later date with the applicable environmental document for your Board’s subsequent requested action.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action. This project is 88.53% Federally funded through the Congestion Mitigation and Air Quality Improvement Program. The local match will be paid out of the County’s SB-1 Allocation. Sufficient appropriations and estimated revenues are included in the Department’s Roads Org 4510 FY 2023-24 Adopted Budget.
DISCUSSION:
According to CEQA Guidelines Section 15063(c), the purpose of an IS is for the Lead Agency to determine if there is substantial evidence that a project may have a significant effect on the environment, and whether a Negative Declaration, a MND, or an EIR should be prepared. If an IS identifies substantial evidence of any significant impacts, the Lead Agency may modify the project to eliminate or reduce the impacts to a less than significant level. If mitigation measures are required to reduce environmental impacts to a less than significant level, a MND and an accompanying MMRP are prepared. An EIR is required if the IS determines the project may have a significant impact on the environment that cannot be reduced to a less than significant level.
If there is substantial evidence in the whole record supporting a fair argument the Project may have a significant effect on the environment, even though other substantial evidence supports a different conclusion, the Lead Agency must prepare an EIR. (No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68). CEQA Guidelines Section 15383 defines “substantial evidence” as enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion; substantial evidence shall include facts, reasonable assumptions predicated on facts, and expert opinion supported by facts.
IS No. 7859 indicates there is no evidence that the Project will have a significant effect on the environment with the implementation of mitigation measures. For this reason, a MND and accompanying MMRP are appropriate for the Project. The MMRP includes mitigation measures to address potential impacts to Agriculture and Forestry Resources, Biological Resources, Cultural Resources, Geology and Soils, and Tribal Cultural Resources.
The proposed Project consists of adding 8-foot-wide paved shoulders, shoulder backing, and traffic striping along each side of East Goodfellow Avenue from 0.71 mile east of South Channel Road to South Reed Avenue (4.007 miles), in Fresno County. Additionally, the proposed Project will realign and reconstruct a 1.3-mile segment of Goodfellow Avenue as well as improve two culverts on Fink Ditch and one on Hank Ditch within the Project limits.
The Project may be constructed in two phases; the first phase would include culvert extension or replacement and the second phase would include roadway, shoulder, and roadside ditch construction work. Utility relocation is anticipated. Tree or vegetation removal near the edge of pavement is anticipated.
Environmental Review
The County is the Lead Agency for this Project and is responsible for preparing the appropriate environmental review document under CEQA.
IS 7859 was originally made available for public review through the State Clearinghouse from September 1, 2021 to October 1, 2021. Public comments received during the original circulation period expressed concern with certain aspects of the project related to Agriculture and Forestry Resources.
As a general rule, if an IS identifies substantial evidence of any significant impacts, the Lead Agency may modify the project by the implementation of mitigation measures to eliminate or reduce the impacts to a less than significant level. If mitigation measures are required to reduce environmental impacts to a less than significant level, a MND and an accompanying MMRP may be appropriate. The MMRP includes mitigation measures to address potential impacts Agriculture and Forestry Resources, Biological Resources, Cultural Resources, Geology and Soils, and Tribal Cultural Resources.
The County recirculated the revised IS 7859 for public review through the State Clearinghouse from March 15, 2024 to April 15, 2024. The County published the Notice of Intent to Adopt a Mitigated Negative Declaration, see Exhibit D, in the Fresno Business Journal on March 15, 2024, as required by section 15072 of the CEQA Guidelines. Public comments received during all circulation periods are included as Exhibit E. The Department fully addressed all CEQA-related comments from any reviewing agencies or members of the public in the revised IS 7859.
Department staff recommends adoption of the MND and MMRP prepared for the project. If approved, the Department is tentatively scheduled to return to your Board requesting approval to award the construction contract in 2026.
OTHER REVIEWING AGENCIES:
Development of the Project was coordinated with Caltrans, who provides oversight on local projects where Federal funds are allocated.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Location Map
Exhibit A - Recirculated Initial Study No. 7859
Exhibit B - Recirculated Mitigated Negative Declaration
Exhibit C - Mitigation Monitoring and Reporting Program
Exhibit D - Filed Notice of Intent to Adopt a Mitigated Negative Declaration
Exhibit E - Comments
CAO ANALYST:
Salvador Espino