30919\001\1687807.1:113022
AGENDA
Tuesday, December 13, 2022 7:00 P.M. Open Session
SPECIAL MEETING
CITY COUNCIL, AIRPORT COMMISSION,
MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK
SUSTAINABLE COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR
AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY AND MARINA
GROUNDWATER SUSTAINABILITY AGENCY
Council Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556
In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020, under the provisions of Government Code §8625 relate d to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determined in Resolution 2022-134, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of May 31, 2022, or such time as the City Council may adopt a res olution in accordance w ith Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on the City of Marina Channel and on the internet at https://accessmediaproductions.org/
PARTICIPATION
You may participate in the City Council meeting in real -time by calling Zoom Meeting via the weblink and phone number provided at the top of th is agenda. Instructions on how to access, view and participate in rem ote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by using the “Raise Your Hand” feature in the webi nar or by pressing *9 o n your telephone keypad if joining by phone only.
The most effective method of communication with the City Council is by sending an email to [email protected] Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments received will become part of the record.
Council will have the option to modify their action on items based on comments received.
AGENDA MATERIALS
Agenda materials, staff reports and background information related to regular agenda items are available on the City of Marina’s website www.cityofmarina.org. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet will be made available on the City of Marina website www.cityofmarina.org subject to City staff’s abil ity to post the documents before the meeting
Agenda for City Council Meeting of Tuesday, December 6, 2022 Page 2
VISION STATEMENT
Marina will grow and mature from a small town bedroom community to a small city which is diversified, vibrant and through positive relationships with regional agencies, self-sufficient. The City will develop in a way that insulates it from the negative impacts of urban sprawl to become a desirable residential and business community in a natural setting. (Resolution No. 2006-112 - May 2, 2006)
MISSION STATEMENT
The City Council will provide the leadership in protecting Marina’s natural sett ing while developing th e City in a way that provides a balance of housing, jobs and business opportunities that will result in a community characterized by a desirable quality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a high level of municipal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)
LAND ACKNOWLEDGEMENT
The City recognizes that it was founded and is built u pon the traditional homelands and villages firs t inhabited by the Indigenous Peoples of this region - the Esselen and their ancestors and allies - and honors these members of the community, both past and present.
1. CALL TO ORDER
2. ROLL CALL & ESTABLISHM ENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B N on-Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) Brian McCarthy, Lies beth Visscher, Cristina Medina Dirksen, Mayor P ro-Tem/Vice Chair, Kathy Biala, Mayor/Chair, Bruce Delgado
3. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
4. STUDY SESSION: (Not a Project under CEQA per Article 20, Section 15378) a. Holding an informational and public input session regarding the Potential Future D evelopment and Conservation Areas to inform the devel opment of a Mitigation Strategy for a City-Wide Incidental Take Permit for Monterey Gilia.
5. ADJOURNMENT:
CERTIFICATION
I, Anita Sharp, Deputy City Clerk, of the City of Marina, do h ereby certify that a copy of the foregoing agenda was posted at City Hall and Council Chambers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch at 1 90 Seaside Circle, City Bulletin Board at the corner of Reservation Road and De l Monte Boulevard on or b efore 6:30 p.m., Friday, December 9, 2022.
___________________________________
ANITA SHARP, DEPUTY CITY CLERK
City Co uncil, Airport Commission and Red evelopment Agency meetings are recorded on tape and available for public review and listening at the Off ice of the City Clerk and kept for a period of 90 days after the formal approval of MINUTES.
City Council meetings may be viewed live on the meeting night and at 12:30 p.m. and 3:00 p.m. on Cable Channel 25 on the Sunday following the Regular City Council meeting date. In addition, Cou ncil
Agenda for City Council Meeting of Tuesday, December 6, 2022 Page 3
meetings can be viewed at 6:30 p.m. every Monday, Tuesday and Wednesday. For more information about viewing the Council Meetings on Channel 25, you may contact Access Monterey Peninsula directly at 831-333-1267.
Agenda items and staff reports are public record and are available for public review on the City's website (www.ciytofmarina.org), at the Monterey County Marina Library Branch at 190 Seaside Circle and at the Office of the City Clerk at 211 Hillcrest Avenue, Marina between the hours of 10:00 a.m. 5:00 p.m., on the Monday preceding the meeting.
Supplemental materials received after the close of the final agenda and through noon on the day of the scheduled meeting will b e available for public review a t the City Clerk’s Office during regular office hours and in a ‘Supplemental Binder’ at the meeting.
ALL MEETINGS ARE OPE N TO THE PUBLIC. THE CITY OF MARINA DOES NOT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council C hambers are wheelchair accessible. Meetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. To request assistive listening devices, sign language interpreters, readers, large print agenda s or other accommodations , please call (831) 884 -1278 or e-mail:
[email protected]. Requests must be made at least 48 hours in advance of the meeting.
U p c o m i n g 2 0 2 2 M e e t i n g s o f t h e C i t y C o u n c i l , A i r p o r t C o m m i s s i o n , M a r i n a A b r a m s B N o n - P r o f i t C o r p o r a t i o n , P r e s t o n P a r k S u s t a i n a b l e C o m m u n i t y N o n p r o f i t C o r p o r a t i o n , S u c c e s s o r A g e n c y o f t h e F o r m e r Re d e v e l o p m e n t A g e n c y a n d M a r i n a G r o u n d w a t e r S u s t a i n a b i l i t y A g e n c y R e g u l a r M e e t i n g s : 5 : 0 0 p . m . C l o s e d S e s s i o n ; 6 : 3 0 p . m . R e g u l a r O p e n S e s s i o ns NOTE: Regular Meeting dates may be rescheduled by City Council only. _________________________________________
C I T Y H A L L 2022 H O L I D A Y S
(City Hall Closed)
Winter Break Friday, December 23, 2022-Friday, December 30, 2022
December 8, 2022 Item No: 4a
Honorable Mayor and Members City Council Meeting
of the Marina City Council of December 13, 2022
CITY COUNCIL TO HOLD AN INFORMATIONAL AND PUBLIC INPUT
SESSION REGARDI NG POTENTIAL FUTURE DEVELOPMENT AND
CONSERVATION AREAS TO INFORM THE DEVELOPMENT OF A
MITIGATION STRATEGY FOR A CITY-WIDE INCIDENTAL TAKE
PERMIT FOR MONTEREY GILIA
REQUEST:
It is requested that the City Council consider:
1. Holding an informational and public input session regarding the Potential Future Development and Conservation Areas to inform the development of a Mitigation Strategy for a City-Wide Incidental Take Permit for Monterey Gilia.
BACKGROUND:
The U.S. Arm y’s decision to clos e and dispose of the Fort Ord military base was considered a major federal action that could affect listed species under the federal Endangered Species Act (ESA). In 1993, the U.S. Fish and Wildlife Service (Service) issued a Biological Opinion (BO) on the disposal and reuse of former Fort Ord requiring that a Habitat Management Plan be developed and implemented to reduce the incidental take of listed species and loss of habitat that supports these species. As a result, the U .S. Army pr epared the Installati on-Wide Multispecies Habitat Management Plan for Former Fort Ord, California (HMP) in 1997. The Fort Ord Reuse Authority (FORA) was in the process of preparing a Fort Ord Habitat Conservation Plan (HCP) to support the issuan ce of base -wide incidental take permits, which incorporated the habitat requirements of the HMP. However, the base -wide permitting effort was discontinued, and the Fort Ord HCP is no longer proposed. As a result, the Service requested that the local jurisdictions initiate the steps nec essary to comply with the approved HMP. The City is responsible for four Habitat Management Areas (HMAs ), including the Salinas River, Airport, Northwest Corner, and Landfill HMAs. In accordance with the requirements descri bed in the HMP and the deed restrictions for the parcels, a Resource Management Plan (RMP) must be prepared and implemented. Therefore, on December 15, 2020, the City Council adopted Resolution No. 2020- 157 approving an Agreement with Denise Duffy & Associates, In c. (DD&A) to provide biological consulting services to assist the City in complying with the requirements of the HMP.
In addition, as a result of the base -wide permitting effort being discon tinued, the City is also responsible to obtaining any required incidental take permits. Therefore, on December 15, 2020, the City Council adopted Resolution No. 2020 -157 approving an Agreement withDD&A to provide biological consulting services to assist the City in acquiring a City-Wide Incidental Take Permit (ITP) from the California Department of Fish and Wildlife (CDFW) to authorize the incidental take of Monterey gilia (Gilia te nuiflora ssp. arenaria), a threatened species listed under the California Endangered Species Act (C ESA), that may result from the implementation of potential future planned development. The City currently owns a number of parcels that were deeded to the City by the U.S. Army as economic conveyances in the closure of former Fort Ord that allow for devel opment for commercial/resident ial purpose s that are know n or have the potential to support occurrences of Monterey gilia . The ITP is necessary under the State of California requirements of the CESA for anticipated future incidental take of Monterey gilia that may result from potential future projects on the Army deeded parcels. To comply with CESA in carrying out potential future development projects in areas that would impact Monterey gilia, the City will need to acquire an ITP.
On April 6, 2021, the City Council adopted Resolution No. 2021-26 approving Amendment No. 1 to the DD&A Agreement, which provided for the expansion of bi ological survey area s from the initial scope of work and added outreach and collaboration with key stakeholders to the scope of work.
On December 7 , 2021 , the City Council hel d the first informational and public input session regarding a City-Wide Incidental Take Permit and potential future development and conservation areas. During this meeting , the City Council and the public provided input and staff received direction to continue to work with Dr. Fred Watson , Professor in the Department of Applied Environmental Science at California State University Mon terey Bay, and to come back with a couple of options for th e most effec tive way to protect Monterey gilia, while a lso being able to develop in the identified potential future development areas.
ANALYSIS:
Task 1 of the DD&A scope of work ca lls for gathering data and information and meeting wit h stakeholders, including the CDFW. During Task 1 of the scope of work, DD&A met with the City staff working group to compare occurren ce and su rvey data for Monterey gilia. It was determined that there were some gaps in the data and additional surveys for this species would be beneficial for the project. As a result, the additional focused biological surveys were added to the scope of work. The biological surveys, data processing and data compilation have now been completed and the information gathered is being presented in this staff report.
The data compiled by DD&A through the focused surveys has been processed and compiled in coordination with the City staff working group. Additionally, the data compiled has been shared and reviewed with Dr. Watson. Dr. Watson confirmed similar observations in his data and provided additional data to complete the survey results documented in “EXHIBIT A.”
Prioritization of Conservation and Development Areas Discussion Generally, the mitigation requirement for the incidental take of Monterey gilia is a ratio of three to one (i.e., preserve and/or restore three times the amo unt of Monter ey gilia impacted). The specific mitigation requirements of an ITP are coordinated through discussions with CDFW and depend substantially on the proposed ext ent of the take both qualitatively and quantitati vely, as well as the proposed mitigation s trategy. The proposed extent of take and mitigation str ategy will be outlined in the ITP application, w hich has not been submitted to the CDFW. The take allowance and mitigation requirements , in addition to other permit requirements, a re finalized when the ITP is issued by the CDFW.
Following the data compilation phase of t his project, City staff and th e DD&A team discussed possible options to lowe r the extent of the “take” by avoiding and minimizing the disruption of Monterey gilia habitat while allowing the Economic Development Conveyance parcels to realize revenue producing developme nt as the Army int ended when the property was transferred. For example, the siting and design of potential future projects could result in the avoidance or reduction of impacts to Monterey gilia. However, there is a strong likelihood that impacts to Monterey gilia cannot be comp letely avoided in these potential future development areas and, therefore, an ITP would be required. Because the conservation and/or development of these areas have financial , jo b creation , housings, recreational , open space, community connectivity and social implications to the City, City staff and DD&A are requesting input from City Council and members of the public regarding the importance of preserving or developing these parcels.
City staff and DD&A will consider the input in determining the extent of the proposed take and developing a proposed mitigation strategy to be inc luded in the ITP application for submittal to the CDFW.
City Council and Public Input Discussion
City staff and the consultant team recognize and share the City Council and public’s concerns for ensuring any new development of the City ’s natural open sp ace be carefully pla nned and facilitated in a responsible and least impactful way. While the easiest most conserv ative way to ensure long-term preservation of the valuable open space around central Marina is to not develop any of the sites discussed in this report, there was an expectation by the Army when these parcels were deeded to the City that they could be used for job and housing creation to offset the impacts of the closure of Fort Ord. Additionally, the revenue created from commercial development will contribute to the City’s future ability to fund services for the community.
The City’s General Plan designates the properties depicted on “EXHIBIT A” as follows:
• Airport Master Plan Area – Light Industrial/Service Commercial • Salinas/Reservation Road Area – Public Facilities/Education • Landfill HMA – Parks and Recreation
• 8th Street South – Retail/ Service, Office/Research, and Public Facilities • 8th Street North – Light Industrial/Service Commercial and Parks and Recreation • Future Cypress Knolls Development Area – Single Family Residential • Preston Park Area – Parks and Recreation
• Northwest Corner HMA Del Monte Extension Area – Open Space
The potential development of these prop erties, namely the Airpo rt Master Plan Area, 8 th Street properties, and Future Cypress Knolls Development Area are supported by current policies of the General Plan. As the City Council is a ware, the City is currently undertaking a General Plan update and all land use designations and policies will be further evaluated for potential changes.
To ensure there is carefully planned responsible development in the areas shown on “EXHIBIT A,” staff is request ing that the City Council facilitate discussion and input among the City Council and the public rega rding the potential conservation or development of the potential future development areas shown on “EXHIBIT A.” At the City Council meeting, City staff and the DD&A c onsultant team will present an overview of these sites , survey results, and the Monterey gilia occurrences within each, draft development and conservation scenarios, and then will take questions and comments from the City Council and public. Following this session, the next step will be for City staff and th e consultant t eam to draft a mitigatio n strategy in coordination with the working group and to return to a future City Council meeting with a Draft ITP Mitigation Strategy proposal for City Council and public review and comment.
The Monterey gila occurences depicted on “EXHIBIT A ” provides the location and extent of the population within each o f the areas listed above. To assist with the evaluation of the economic development imp acts and development potential for each site, staff has dr afted a matrix of Potential Future Development Areas Economic Anal ysis included in “EXHIBIT B.” This matrix is not intended to be an all -inclusive list of economic development benefits, but a general tool to assist with the assessment of each area.
FISCAL IMPACT:
There is no fiscal imp act as a result of this item. The Final ITP Mitigation Strategy will create both positive and negative fiscal impacts through new revenue generation opportunities of new development and costs to mainta in an d preserve conservation par cels. These impacts will be more fully evaluated when the Draft ITP Mitigation Strategy is presented to the City Council.
CEQA: (Not a Project under CEQA per Article 20, Section 15378)
CONCLUSION:
This request is submitted for the City Council consideration.
Respectfully submitted,
_____________________________
Matt Mogensen
Assistant City Manager
City of Marina
REVIEWED/CONCUR:
___________________________
Layne Long
City Manager
City of Marina
·|}þ1
Imjin Pkwy
Inter-Garrison Rd
Reservation Rd
Blanco Rd
Abrams Dr
Cooper Rd
Del Monte Blvd
Beach Rd
California Ave
Carmel Ave
De Forest Rd
Regional Monterey Gilia Occurrences
1 in = 2,000 ft
1 7/8/2022
¯
Path: D:\GIS\GIS_Projects\2021-03 City of Marina ITP\Map Products\Fig 1 - Regional Gilia Occurrences w CNDDB.mxd Scale
Date
Denise Duffy & Associates, Inc.
Planning and Environmental Consulting
Figure
0 0.5 10.25 MileFormer Fort Ord Boundary
City of Marina Limits
Habitat Management Area (HMA)
Army Parcels
Monterey Gilia Occurrences in HMAs and Potential Future Development Areas
2006-2021 DD&A Survey Results
!( Monterey Gilia Individuals
Monterey Gilia Populations
2017-2021 F. Watson Lab Survey Results
!( Monterey Gilia Individuals
Other Regional Monterey Gilia Occurrences
2006-2022 DD&A & F. Watson Lab Survey Results
!( Monterey Gilia Individuals
Monterey Gilia Populations
CNDDB Monterey Gilia Occurrences
Fort Ord Draft HCP Monterey Gilia Occurrence Data
Density of Occurrence
Low
Medium
High
Potential Future Development Areas
8th Street North Area
8th Street South Area
Airport Business Park Area
Future Cypress Knolls Development Area
Preston Park Area
Salinas/Reservation Road Area
Airport Master Plan Area
Landfill HMALandfill HMA
Salinas RiverSalinas River
HMAHMA
Marina AirportMarina Airport
HMAHMA
MarinaMarina
NorthwestNorthwest
Corner HMACorner HMA
EXHIBIT A
“EXHIBIT B”
Potential Future Development Areas Economic Analysis
The following table provides the economic opportunities and constraints of developing the listed potential future development areas in the Former Fort Ord portions of Marina. The analysis is qualitative instead of quantitative.
Marina Airport Business Park Area
Zoned - Airport Business Park
Economic Development Opportunities Economic Development Constraints • Combined with the UCMBEST properties,
up to 876,000 sf of developable space
and 5,177 high tech related jobs
• Fits the vision of the Fort Ord Reuse Plan,
General Plan and Airport Master Plan
• Uses are compatible with the airport
• Lease revenue to support maintenance
and development of the airport
• New property taxes (P.I.) for City
• Provides needed light industrial and
commercial space in Marina
• Good airfield access for flexibility of uses,
travel and goods movement
• Monterey gilia populations difficult to
avoid
• Loss of open space
Salinas/Reservation Road Area
Zoned - Public Facilities
Economic Development Opportunities Economic Development Constraints • Gateway to Downtown, Prime
commercial land
• Good access for vehicles, utilities
• Commercial land use compatible with
surrounding if buffered
• Increased tax revenue
• New jobs
• Interest for disc golf course
• Size and shape of property more difficult
for efficient development
• Monterey gilia populations difficult to
avoid
• Loss of open space for commercial
• Requires zone change for commercial
• Could be good park/rec space (however,
would not provide revenue to support
conservation)
Preston Park Area
Zoned - Open Space
Economic Development Opportunities Economic Development Constraints • Discrete Monterey gilia populations that
could be avoided
• Good access to utilities and streets
• Could add 100+ residential
units/affordable housing site?
• Requires zone change for residential
• Loss of open space
• Water available?
• Access to financing?
• No new property taxes
8th Street North Area
Zoned – Business Park/Open Space
Economic Development Opportunities Economic Development Constraints • Large scale development possible
• Good visibility if combined with Imjin
Parkway-facing parcels (MST & MCWD)
• Discrete Monterey gilia populations that
could be avoided
• Good access to roads and utilities
• New property and potentially sales taxes
• New Jobs
• Not large enough without combining with
other parcels
• Open space cuts through south end of
parcels for horse trails
• Land use compatibility with MEC?
• Zone change required as radio tower
property zoned open space
• Loss of open space
8th Street South Area
Zoned – C-2 General Commercial/Public Facilities
Economic Development Opportunities Economic Development Constraints • Good for office or university-compatible
uses
• Discrete Monterey gilia populations that
could be avoided
• New tax revenue
• New jobs
• No major road visibility
• Utility access further away
• Could be a City Yard site on PF parcel
• Possible rezone required
Cypress Knolls Area
Zoned – R-4 Multiple Family Residential
Economic Development Opportunities Economic Development Constraints • 500+ new homes
• Good access to Imjin, utilities
• Commercial uses possible
• Removal of blight
• Increased tax revenue
• Supports affordable work force housing
• Supports Policies of the General Plan
• Monterey gilia populations difficult to
avoid
• Added infrastructure costs would be
associated with avoidance of Monterey
gilia populations
• Reduced number of new homes would
result from Monterey gilia avoidance
Northwest Corner HMA Area
Zoned – Open Space
Economic Development Opportunities Economic Development Constraints • Connect north and south Marina
commercial districts
• Potentially add commercial space along
new roadway with freeway access and
visibility
• Encourage people to drive through
businesses Del Monte vs. freeway
• Provide for bikes, scooters, walkers to
have access to both sides of Marina
• Monterey gilia populations difficult to
avoid
• Loss of open space
• Zone change required