Item Coversheet

Agenda Item 4.

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TRANSPORTATION AGENCY FOR MONTEREY COUNTY
Memorandum
To: 

Board of Directors

From:

Stefania Castillo, Transportation Planner

Meeting Date:

March 25, 2020

Subject:

Final Fort Ord Regional Trail and Greenway Environmental Document


RECOMMENDED ACTION:

Fort Ord Regional Trail and Greenway (FORTAG) Final Environmental Document

  1. CERTIFY Final Environmental Impact Report on the Fort Ord Regional Trail and Greenway Project;   
  2. ADOPT the Mitigation Monitoring and Reporting Plan in compliance with Public Resources Code Section 21081.6 and California Environmental Quality Act Guidelines Section 15097;
  3. ADOPT Findings in compliance with Public Resources Code Section 21081 and California Environmental Quality Act Guidelines Section 15091 that changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR;   
  4. APPROVE the Master Agreement between and among the Transportation Agency and the County of Monterey, the cities of Seaside, Marina, Monterey, Del Rey Oaks, California State University Monterey Bay, University of California Santa Cruz, and Monterey Peninsula Regional Park District; and
  5. AUTHORIZE the Executive Director to sign the Master Agreement.
SUMMARY:
Approval of the Master Agreement constitutes approval of the Project as described and evaluated in the Environmental Impact Report. The recommended actions are necessary to proceed with the design/engineering and right-of-way work for Phase 1 of the Canyon Del Rey/State Route 218 Segment in a timely manner to meet the state grant requirements. This phase is funded with a state Active Transportation Program grant matched with Measure X funds.
FINANCIAL IMPACT:
Once the environmental document is certified and the Master Agreement is approved, the Transportation Agency will be submitting an allocation request to the California Transportation Commission for $600,000 in Local Partnership Program funds for design/engineering of Phase 1 of the Canyon Del Rey/State Route 218 Segment as well as requesting $1,198,000 in Active Transportation Program funds for Phase 1 right-of-way. The total amount in State funds for this Phase is expected to be $11 million in grant funds, leveraged by $2.4 million of Measure X funds.  The Transportation Agency must submit a grant allocation request with the certified environmental impact report to the California Transportation Commission by April 27, 2020 for action at its June, 2020 meeting, or lose $11 million in grant funding for Phase 1.
DISCUSSION:

The Fort Ord Regional Trail and Greenway Project proposes to construct an approximately 28-mile continuous 12-foot wide paved bicycle and pedestrian trail with 2-foot wide unpaved shoulders and an open-space buffer on both sides. This trail will connect the Monterey Peninsula cities from the existing Monterey Bay Coastal Trail to the California State Monterey Bay University campus through the Former Fort Ord open space area (see Proposed Project Map).

 

While seven segments were evaluated in the environmental document, this multi-jurisdiction trail is expected to be implemented in smaller phases as funding is secured for design and construction. The development, construction, operation, and maintenance of the trail would be managed under a Master Agreement to be executed among and between the Transportation Agency and the jurisdictions within whose boundaries the trail is located.

 

The Transportation Agency was designated as the Lead Agency under the California Environmental Quality Act through a multi-jurisdictional agreement dated September 27, 2017. The Transportation Agency's Board of Directors awarded a $1 million contract to Alta Planning + Design on August 22, 2018 for state environmental review and preliminary design for the proposed project. As the Lead Agency, the Transportation Agency released a Notice of Preparation for the Draft Environmental Impact Report on June 13, 2019. The Agency hosted two scoping meetings on June 27, 2019 and staff worked directly with the County of Monterey, the cities of Del Rey Oaks, Marina, Monterey, and Seaside, the California State University at Monterey Bay, the Monterey Peninsula Regional Park District, and the public to gather input to define alternatives to be evaluated.

 

The Draft Environmental Impact Report, which included discussion on the proposed Master Agreement, was released for public review on November 7, 2019. In addition, a draft Master Agreement was circulated to staff of the underlying jurisdictions for their review and comment. The public comment period closed on January 3, 2020, providing an extended comment period beyond the required 45-days. A public hearing to accept comments on the draft report was held on December 4, 2019 at the Transportation Agency's Board of Directors meeting. Two public meetings to accept comments on the draft report were held on December 12, 2019. Agency staff made additional presentations prior to close of public comments at each of the decision-making bodies of the underlying jurisdictions to provide a project update on the proposed Master Agreement and mitigation measures.

 

The Transportation Agency received 53 comment letters on the draft environmental report, as well as written and verbal comments submitted at public meetings. The majority of the comments addressed the proposed alignment through the Monterey Peninsula Regional Park District's Frog Pond Wetland Preserve property. The draft report identified the Frog Pond and Angelus Way in the City of Del Rey Oaks as the primary area of controversy known to the Lead Agency and several alternatives were considered in the draft report to avoid impacts to these areas.

 

All impacts identified in the Draft Environmental Impact Report for the proposed project are considered less than significant with mitigation and none of the alternatives identified in the draft report would result in any changes to the significance determination of the impacts identified for the proposed project.

 

Section 8 of the Final Environmental Impact Report includes responses to individual comments, as well as the individual comment letters received. In addition, Agency staff and consultants gave a presentation on the Environmental Impact Report, the Master Agreement, and the trail alignment awarded grant funding for Phase 1 of the Canyon Del Rey/State Route 218 Segment at a special meeting of the Park District's Board of Directors on February 13, 2020 and at the February 25, 2020 Del Rey Oaks City Council meeting.

 

Key to the approval of the Fort Ord Regional Trial and Greenway (FORTAG) Project is the Master Agreement. This Agreement commits the Transportation Agency and the jurisdictions through which the trail will run to cooperating in the design, construction and operation of the trail. Essentially, the Transportation Agency is committing to finding funding for the various segments, as well as undertaking the lion's share of the work for design and construction. The other “Underlying Jurisdictions” commit to following the mitigation measures adopted by the Mitigation Monitoring and Reporting Plan, and to be responsible for the ownership, maintenance and operation of the trail once built. Because the trail is expected to take some time to design and build, and because not all the funding for such work has been found, the Master Agreement provides that the Transportation Agency and applicable Underlying Jurisdictions will enter into Supplemental Agreements as phases find funding. These Supplemental Agreements will provide greater detail and additional opportunity for public review in terms of final designs and the manner in which the parties will comply with the covenants (i.e. mitigation measures, development, construction, operation, maintenance) of the Master Agreement for that particular segment or phase.

 

The first Supplemental Agreement contemplated is one for Phase 1 of the Canyon Del Rey/State Route 218 segment. It is anticipated that the City of Del Rey Oaks, the Monterey Peninsula Regional Park District, the City of Seaside, and the Transportation Agency will enter into this Supplemental Agreement after their respective approvals of the Master Agreement. The Transportation Agency must submit a grant allocation request, with the certified environmental impact report (web attachment), to the California Transportation Commission by April 27, 2020 or lose $11 million in grant funding for Phase 1.

 

Phase 1 of the Canyon Del Rey/State Route 218 Segment includes design and construction of the proposed trail alignment through the City of Del Rey Oaks from Safeway to Del Rey Woods Elementary in the City of Seaside. A tunnel is proposed under Canyon Del Rey Blvd. between Del Rey Oaks City Hall and the existing staircase entrance to the Frog Pond. A 12-foot wide raised pathway would be constructed to connect trail users from the tunnel to Carlton Drive at an accessible grade. The trail would extend northeast up Carton Drive to Plumas Avenue. Along Carlton Drive the trail would consist of a new 12-foot wide multi-use sidewalk, with a 5-foot wide buffer, on the west side of the road. Along Plumas Avenue the trail would follow the existing PG&E easement up to Del Rey Woods Elementary.

 

The tunnel landing and the raised pathway are the only project elements expected to be designed and constructed within the Frog Pond as part of Phase 1. Final design, including public workshops, for Phase 1 is expected to begin in Summer 2020. Construction is expected to begin in Fall 2022. Phase 2 would be a continuation of the trail along Canyon Del Rey Blvd. to the Monterey Bay Coastal Trail, including access for Seaside’s Laguna Grande Park. An application for Prop 68 Recreational Trail and Greenways grant funding was submitted to California Natural Resources Agency on October 16, 2019; a determination is expected shortly. Funding for design and construction has not been identified for the remaining proposed trail alignment within the Frog Pond, including the proposed undercrossing at General Jim Moore Blvd. that would connect to the Park District's Natural Expansion Area east of the Frog Pond. It is expected that the Cal State Monterey Bay North and South Loop segments, the National Monument segment, and the North Marina segment would be funded prior to additional work in the Frog Pond area.

 

Because some segments may not be fully funded or constructed for many years, when various segments move forward  the Transportation Agency and Underlying Jurisdictions will need to confirm whether the certified environmental impact report is current or if a reevaluation is needed. At that time, project alignment alternatives can be considered, consistent with the requirements of the California Environmental Quality Act.

 

Because approval of the proposed project (through the Master Agreement) and the request of Phase 1 grant funds are contingent on the certification of the final environmental impact report, and because extensive public outreach was conducted by the Lead Agency, staff recommends that the Board certify the final environmental impact report, adopt the proposed Mitigation Monitoring and Reporting Plan, and make appropriate findings at the March 25, 2020 meeting. Once the final document is certified, staff recommends that the Board approve the proposed project and mitigation measures through the Master Agreement also at the March 25, 2020 meeting in order to allow for approval of the Master Agreement by the underlying jurisdictions in April but prior to the April 27, 2020 allocation request deadline for Phase 1 grant funds.

 

Following certification of the environmental impact report and approval of the Master Agreement by the Transportation Agency's Board of Directors, the decision-making body of each underlying jurisdiction would make their own environmental findings using the certified environmental document for the portion of the project through their jurisdictions, and approve the mitigation measures through the Master Agreement. The goal is to have the Master Agreement approved by all the underlying jurisdictions before April 27, 2020 in order to request Phase 1 grant funds by the deadline and begin work on the funded phase. The Supplemental Agreement for Phase 1 (with specifics on development, construction, operation, and maintenance for that portion of the proposed project) would come to the Board once the Transportation Agency is closer to seeking allocation of grant funds already secured for construction.

 

The full environmental impact report, including appendices, is available on the Transportation Agency's website: https://www.tamcmonterey.org/measure-x/programs-projects/fort-ord-regional-trail-greenway/

ATTACHMENTS:
Description
Phase 1 Canyon Del Rey/SR 218 Segment Map
WEB ATTACHMENTS:

Proposed Project Map

Responses to Comments

California Environmental Quality Act Findings

Mitigation Monitoring and Reporting Plan

Master Agreement