DATE: January 23, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Agreement with the City of Mendota for the Mendota Rojas Pierce Park, Phase II Project (CDBG 23471)
RECOMMENDED ACTION(S):
TITLE
Approve and authorize Chairman to execute Agreement with the City of Mendota for the Mendota Rojas Pierce Park, Phase II, Community Development Block Grant Project No. 23471, effective upon execution through July 18, 2025, and authorizing the Director of Public Works and Planning to evaluate and grant timeline extensions for completion of the Project, total Community Development Block Grant funding amount not to exceed $286,872.
REPORT
Approval of the recommended action will provide Community Development Block Grant (CDBG) funding for the Mendota Rojas Pierce Park, Phase II Project (Project) proposed by the City of Mendota (City). This item pertains to a location in District 1.
ALTERNATIVE ACTION(S):
Your Board may direct the City to propose a different eligible use for its CDBG funds. However, a different use would require an amendment to the Annual Action Plan and may impact the County’s ability to meet its CDBG expenditure timelines, set by the U.S. Department of Housing and Urban Development (HUD).
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action. The total estimated Project cost is $563,250. Federal CDBG funds allocated to the County by HUD in the amount of $286,872 are included in the Department of Public Works and Planning (Department) - CDBG Org 7205 FY 2023-24 Adopted Budget. The recommended agreement amount is available from the City’s 2023-2024 CDBG fund allocation as listed in the 2023-2024 Annual Action Plan, and from the City’s remaining balance of CDBG funds. CDBG funds are provided on a reimbursement basis. The City will provide a local financial contribution of $276,378 in excess of the CDBG funds that may be necessary to complete the Project by July 18, 2025.
DISCUSSION:
HUD annually allocates CDBG funding to the County using a formula based on census data for the County and its partner cities. Using the same formula, the County then reallocates a portion of the CDBG funds to its partner cities through a Joint Powers Agreement (JPA) for the purpose of carrying out housing and community development activities. The JPA permits the partner cities to select eligible projects for submission to the County for consideration. Under the JPA, the County is responsible for the overall administration of the CDBG Program and for the contract management of each project receiving CDBG funds. The recommended Agreement contains a mutual indemnity clause consistent with the JPA. The JPA governing this Project was approved by the Board on June 30, 2020.
This Project, which was approved by the Board of Supervisors for inclusion in the 2023-24 Annual Action Plan, consists of the construction of a new building containing restrooms and concessions with associated utility services at Mendota Rojas Pierce Park. The Project is located on the north side of Smoot Avenue, between Gregg Court and Amador Street, in Mendota. The improvements will provide expanded recreational facilities for the residents of the City.
In addition to providing local funds in excess of the CDBG funds for the Project, the recommended agreement requires the City to prepare design plans and specifications that conform to Federal and State regulations governing Federally-assisted projects. The City will also be responsible for advertising and awarding of the Project to the lowest responsible bidder, and completion of the necessary construction engineering. The County agrees to review and approve the plans and specifications for compliance with Federal and State regulations prior to the City advertising the Project for bid. The City agrees to maintain the Project after completion.
A Mitigated Negative Declaration was completed by the City for the Project under the provisions of the California Environmental Quality Act (CEQA), State Clearinghouse Number 2019069051. A Notice of Determination was filed with the Fresno County Clerk on July 24, 2019.
Environmental Review No. 8064 was completed under the provisions of the National Environmental Policy Act (NEPA), and included all phases planned for the Project. Based on the environmental review, A Finding of No Significant Impact (FONSI) per 24 CFR Section 58.36 of the HUD NEPA Guidelines was made for the project, and a Combined Notice of Finding of No Significant Impact and Intent to Request Release of Funds was published on September 13, 2021. Authority to Use Grant Funds was issued by HUD on November 3, 2021. Pursuant to 24 CFR 58.47, there are no substantial changes in the nature, magnitude or extent of the project as it was reviewed, and no new circumstances and environmental conditions which may affect the project. Therefore, the Department has determined that the environmental review record for this project is still valid.
The Project is expected to be completed by July 18, 2025. In the event the City requires additional time to complete the Project for a reason beyond the control of either party to the agreement, your Board’s approval of the agreement authorizes the Director of the Department to grant such an extension.
OTHER REVIEWING AGENCIES:
The City of Mendota has reviewed and approved the recommended agreement.
REFERENCE MATERIAL:
BAI #16, May 9, 2023
BAI #50, June 23, 2020
ATTACHMENTS INCLUDED AND/OR ON FILE:
Location Map
On file with Clerk - Agreement with City of Mendota
CAO ANALYST:
Salvador Espino