HomeMy WebLinkAbout04-10-2012 b1 lovr multiuse pathway specific at inno 90806counci l
A acEnaa nEpoat
Meeting Date
April 10, 201 2
Item Number
B 1
C I T Y O F S A N L U I S O B I S P O
FROM :
Jay D . Walter, Director of Public Work s
Prepared By :Michael J . McGuire, Engineer II I
SUBJECT : LOS OSOS VALLEY ROAD MULTI-USE PATHWAY, SPECIFICATIO N
NO . 90806
RECOMMENDATION S
1.Approve plans and special provisions for "Los Osos Valley Road Multi-Use Pathway ,
Specification No . 90806 .
2.Authorize staff to advertise for bids and authorize the City Manager to award the contract i f
the lowest responsible bidder is within the Engineer's Estimate .
3.Reprogram $5,484 .93 in approved Safe Routes to School grant funding to the project desig n
account to support design costs .
DISCUSSIO N
Backgroun d
The Los Osos Valley Road (LOVR) Multi-Use Pathway project had its start in 2006 as the Prefum o
Creek Bridge, when the City and the San Luis Coastal Unified School District jointly applied for a
Safe Route to School (SRTS) grant . The grant was awarded in 2007 to install a pathway from Vist a
Lago Park over to a utility easement leading to Oceanaire Drive, connected by a 200 foo t
bike/pedestrian bridge spanning over Prefumo Creek . This pathway would provide a safe means o f
travel for school children in the neighborhood's surrounding C .L . Smith Elementary School and
Laguna Middle School .
Opposition to the project surfaced in 2009, resulting in significant public comment and interest firs t
seen at the Architectural Review Commission (ARC), which approved the design, and ultimatel y
the City Council, which upheld the ARC decision . The Windermere condominium homeowner s
association, which owned the utility easement property, refused to allow the City to proceed wit h
the pathway . The City negotiated with the homeowners association to purchase the easement alon g
with providing some project amenities but a monetary agreement could not be reached and th e
project was put on hold .
As part of the SRTS grant, an alternative path design had to be identified in case the origina l
proposed pathway could not be implemented . Also, the City Council, in upholding the ARC's
action to approve the project, stipulated that if the project became infeasible, then staff would retur n
to Council with an alternate route consistent with grant funding provisions . Since the origina l
bridge pathway could not be implemented, the City Council, on May 3, 2011, approved proceedin g
with the alternative path design (Attachment 1). After re-filing and approval of the revised gran t
application, design was started in September 2011 with one of the City's on-call civil engineerin g
consultants (Attachment 2).
LOVR Multi-Use Pathway (90806)Page 2
Alternative Pathwa y
The project essentially consists of widening the existing six-foot wide sidewalk to a twelve-foo t
wide Class I path designed for two-way flow of children on foot or on bicycles . While serving as a
pedestrian sidewalk, it will provide a legal means of cycling for children going to and from schools ,
connecting the Laguna Lane and Oceanaire neighborhoods . Decorative pathway end treatment s
(with signage) will direct cyclists to stop and dismount before crossing the Laguna Lane an d
Oceanaire Drive intersections . Electronic speed feedback signs and advance flashing schoo l
beacons will be installed at both directions of LOVR approaching Laguna Middle School t o
improve vehicle speed zone compliance and safety . Also, the traffic lanes on LOVR will b e
restriped from two westbound lanes to three in order to provide better alignment with improvement s
installed by Prefumo Creek Commons . This restriping will also provide a much-needed dedicate d
right-turn lane onto Laguna Lane to ease traffic congestion during the peak traffic times of the star t
and end of the school day . The existing on-street bike lane for advanced riders will be retained an d
redefined to provide an increased buffer between the traffic lanes and the new pathway (Attachmen t
5) and reduce on-street bicycle vs . vehicle conflicts .
Public Outreac h
There has been some concern voiced over the alternative pathway, primarily regarding a lack o f
public hearings on the project . There was significant public comment both for and against th e
original project made at the March 16, 2010 City Council meeting (Attachment 4). The decision t o
move forward with the alternative alignment was made at the May 3, 2011 City Council meetin g
with no public comment made at that time . In an effort to encourage public participation in advanc e
of this Council meeting, staff placed a Notice and a Press Release to The Tribune and maile d
notices to neighbors in the surrounding area (both sides of LOVR) for an informational meeting o n
March 21, 2012 . Approximately twenty neighbors attended, including the principal of C .L . Smith
Elementary School, and while most of those attending supported the pathway, many of the m
mentioned their frustration that the original bridge path design had not been implemented .
The two primary concerns that were raised during the open house were the on-street bike lane
treatment at Laguna Lane and the overall justification for the project .
Bike Lane Treatment at Laguna Lane .As part of this project the bike lane will be relocate d
to the left of the right turn only lane . The general concern was regarding the cyclist and righ t
turning vehicle having to cross paths before the intersection . The designed configuration i s
however substantially safer allowing for more room to cross paths and for that reason is no w
actually required under State & Federal Law .
Federal MUTCD Section 9C .04 :A through bicycle lane shall not be positioned to the righ t
of a right turn only lane .
California MUTCD Section 9C .04 :A through bicycle lane shall not be positioned to th e
right of a right turn only lane .
When a right through lane is dropped to become a right turn only lane, the bicycle lan e
markings should stop at least 100' before the beginning of the right-turn lane . Through
bicycle lane markings should resume to the left of the right turn only lane .
LOVR Multi-Use Pathway (90806)Page 3
Because of this requirement the proposed bike lane configuration is typical of all location s
in the City with a thru bike lane and right turn only lane . Examples of other higher spee d
facilities with this treatment include :
•Broad Street south of Aero lane at Farmhouse Lane and at Kendall Roa d
•Los Osos Valley Road at Oceanaire, Calle Joaquin, Hwy 101 SB Ramp, and Higuer a
Street
•Westbound Tank Farm Road at the City limi t
Project Justification .This project is primarily intended to serve students attending Lagun a
Middle School and C .L . Smith Elementary school . Counts officially reported as part of th e
federal grant application recorded 32 students walking or cycling this route in the mornin g
with 80% of bicyclists riding on the sidewalk and 43 students walking or cycling this rout e
in the afternoon with 100% of bicyclists riding on the on the sidewalk .
In addition to the current usage there is evidence of significant latent demand, of the 30 0
students that are enrolled Laguna Middle School or C .L . Smith Elementary there ar e
approximately 150 to 175 that live within the target area this path is intended to serve .
Through the collaborative grant application effort with parents and school administration ,
numerous parents living within the target area indicated that they choose to drive thei r
children to school because they did not feel comfortable having them ride their bike in th e
street on Los Osos Valley Road . Another indicator of the latent demand are results from th e
City's bi-annual transportation survey where 23% of non-bike riders say they would rid e
more often if separated bike paths were provided and 34% of non-walkers say they woul d
walk more if better pedestrian infrastructure was provided .
Given this information staff expects that walking and cycling to these schools can increas e
by as much as 50% as a result of the project . This data was reviewed by State and Federa l
authorities and found to be sufficient justification for the project and for approximatel y
$800,000 in grant funds .
Conclusio n
As part of the original grant, construction of this project was scheduled to occur in 2009 . However ,
with project delays, grant requirements stipulate that construction on the project shall begin thi s
year in order to qualify to receive the approved funding . The City has tentatively scheduled thi s
project for construction this summer when school is not in session . Further delays to this projec t
may result in the loss of grant funding and the requirement that the City would have to reimburs e
the funding already spent on design, approximately $130,000 . Staff is planning for the project t o
advertise and proceed with construction in June . It is anticipated that if construction starts in mid -
June, the pathway should be completed in late August, before the start of the new school year .
The project will improve safety for pedestrians and cyclists (especially school children) along thi s
stretch of LOVR, and the addition of the third lane northbound will alleviate some of the congestio n
problem that occurs during school drop-off and pick-up hours .
CONCURRENCE S
This project has the concurrence of the San Luis Coastal Unified School District, particularly C .L .
Smith Elementary and Laguna Middle Schools ; The Bicycle Advisory Committee ; the giiysle
LOVR Multi-Use Pathway (90806)Page 4
Coalition ; Caltrans ; San Luis Obispo Council of Governments (SLOCOG); and the Polic e
Department .
FISCAL IMPAC T
The Prefumo Creek Bicycle and Pedestrian Bridge project was approved as part of the 2007-0 9
Mid-Year Financial Plan, pages C-32 through C-36, which appropriated $798,600 in SRTS gran t
funding for design, construction and construction management services . Currently, there is
$660,607 remaining in the overall project account : $5,695 for design, $578,037 allocated fo r
construction and $76,875 for construction management .
In the September 6, 2011 Council Agenda Report, $5,484 .93 was deprogrammed from the gran t
funding due to a reduced cost estimate for construction . Caltrans, the fiscal administrators fo r
federal grant funding, did not reduce the grant amount of $798,600 . Staff recommends
reprogramming $5,484 .93 back into the project design account to fund design costs, such as surve y
marking services and environmental permit fees . The Utilities Department will cover the costs fo r
fire hydrant relocation, estimated at $10,000, from the Water Distribution Master Account . Thi s
funding will be transferred at the time of award of construction .
The amounts given in the table below reflect estimates of probable future project cost .
LOVR SRTS Bike Path (90806 )
Project Budget Available 660,60 7
Design :$5,69 5
Construction :$550,53 7
Construction Contingency :$55,05 4
Fire Hydrant Relocation :$
10,00 0
Construction Management :$49,32 1
Project Costs :$670,607
Water Distribution Master Account : $10,000
Total Project Costs : $660,60 7
ALTERNATIVE
Deny approval for construction .The Council may choose not to authorize proceeding wit h
construction . Staff does not recommend this alternative because the project is expected to increas e
walking and cycling to Laguna Middle School and C .L . Smith Elementary by as much as 50%. I n
addition, there is a fiscal impact associated with this alternative because the City would be require d
to reimburse the Federal Highway Authority (FHWA) $130,000 for design and preliminar y
construction document costs if the project does not proceed . This action would also have th e
potential to significantly impair the City's ability to secure future grant funding from this program .
LOVR Multi-Use Pathway (90806)Page 5
ATTACHMENT S
1.Council Agenda Report May 3, 201 1
2.Council Agenda Report September 6, 201 1
3.Site Map – Original and Current Locatio n
4.Council Meeting Minutes March 16, 201 0
5.Proposed Pathway Plan
AVAILABLE FOR REVIEW IN THE COUNCIL OFFIC E
Plans & Special Provision s
t:\council agenda reports\2012\2012-04-10\lovr srts multi-use pathway (wafter-mcguire)\90806 ecar lovr pathway .docx
Attachment 1
counci lj acenOa REpoRt
C I T Y O F S A N L U I S O B I S P O
FROM :
Jay D . Walter, Director of Public Work s
Prepared By : Peggy Mandeville, Principal Transportation Planner
Dan VanBeveren, Senior Civil Enginee r
SUBJECT : RAILROAD SAFETY TRAIL AND PREFUMO CREEK BRIDG E
PROJECT UPDATE S
RECOMMENDATION
1.Direct staff to continue its efforts on the alternative alignment designs for the Railroad Safet y
Trail, pursuing approval from the State of California and utilizing City right-of-way wher e
possible .
2.Direct staff to begin preparation of plans and specifications for the Los Osos Valley Roa d
alternative for the Prefumo Creek Bridge Safe Route to School project .
REPORT IN BRIEF
This report provides update and revised recommendations for implementation on two majo r
bikeway projects being undertaken by the City : 1) the Railroad Safety Trail and 2) the Prefum o
Creek Bicycle Bridge to Laguna Middle School . The projects have encountered obstacles t o
completion mostly having to do with acquisition of right of way and access across privately hel d
property . This report discusses alternative assessments conducted for each of these projects an d
recommends alternatives for Council consideration to the previously approved projec t
alignments .
DISCUSSIO N
Railroad Safety Trai l
1 . Backgroun d
The City has been working on the Railroad Safety Trail project since the late 1990's . The City
Council approved the overall trail concept in 2001, and in 2004, the City submitted plans t o
Union Pacific Railroad (UPRR) for the City's proposed Railroad Safety Trail . The Railroad
Safety Trail is a Class I (separated facility) bikeway which would be built parallel to the existin g
railroad tracks, and would be constructed partially on UPRR right-of-way . Attachment 4 show s
segments and phase areas for reference . UPRR conceptually agreed to the trail as reflected in th e
plans, subject to several conditions set forth in a letter dated November 2004 (Attachment 1).
Following UPRR's conceptual approval, staff moved forward with obtaining grant funding fo r
the trail based on the approved alignment, and hired consultants to complete design an d
environmental studies in order to prepare plans for construction . The City has also recentl y
undertaken certain maintenance and improvement obligations on UPRR property throughout the
Meeting Date may 3,201 1
Item Number
Attachment 1
Railroad Safety Trail and Prefumo Creek Bridge Project Updates Page2
City as a condition for the license agreement for the portion of the trail that was constructed i n
2009 .
In the summer of 2008, when staff submitted plans to UPRR for final approval of the bike pat h
between the Amtrak Station and Hathway Avenue and to enter into necessary license agreement s
to proceed with the construction, staff was then advised by UPRR that the bikeway project wa s
not consistent with current UPRR policy . Specifically, UPRR policy does not allow for publi c
pathways to be constructed within 40 feet of the centerline of the railroad tracks . In order fo r
UPRR to consider approving the project, the pathway would need to be redesigned to be i n
compliance with this requirement . Staff continued discussions with UPRR officials, provided th e
previous documentation of conceptual approval, noted the safety benefits of such a projec t
through fencing of the railroad tracks, and communicated the fact that the project was no t
feasible based on the new terms stated by UPRR . Simply stated, it would not be possible for a
pathway to be built along this corridor and remain greater than 40 feet from the centerline of th e
tracks . Despite the information submitted by City staff and the previous conceptual approval b y
UPRR, UPRR remained firm on its position to deny the Railroad Safety Trail .
In October 2009, the Public Works Director, the Mayor and the City Manager were invited t o
meet with UPRR officials to further discuss the matter and gain approval for the licens e
agreement for this trail section . City staff was not successful in solidifying an agreement . Rather ,
UPRR restated its position that a trail could not be constructed in the location previousl y
approved based on its policy (Attachment 2). UPRR has continued to refuse to consider an y
proposed trail project, in any form, that would occupy the active right-of-way and is closer tha n
40 feet to the railroad tracks .
Staff contacted several railroad consultants about the UPRR denial and learned that the origina l
support from UPRR in 2004 was fairly unconventional/unusual and that they felt the City's bes t
opportunity to get approval from UPRR for a trail alignment would be if the project wer e
redesigned to be greater than 40 feet from the tracks . Due to the limited width of UPRR right-of -
way, the only option would be to design a new alignment which would not be located in th e
right-of-way, with exception of a few locations where a bridge would cross over the tracks . Staff
concurred with this assessment and notified Council in a memo dated February 16, 201 0
(Attachment 3) that staff would begin exploring alternate routes that would complete the trail ,
and present new trail options to the Council by June 2011 . Staff has undertaken extensive wor k
to evaluate other alignment alternatives for the Railroad Safety Trail . The following is a
description of each section .
2.Amtrak Station to Marsh Street (also known as Phase 3 )
Staff and the Bicycle Advisory Committee recommend a connected route of on-street bicycl e
boulevards on low volume streets (Islay and Toro) to complete this section . This route would b e
within City right-of-way and therefore will not require any approvals from UPRR .
3.Marsh Street to Hathway Avenu e
In consultation with the Bicycle Advisory Committee, staff has developed a conceptua l
alignment that minimizes the need for UPRR right-of-way, and still accomplishes the objectiv e
of completing a Class I pathway along this stretch . The pathway would utilize the eastern edg e
of the Pepper Street right-of-way, continue north across a new bridge over Monterey Street ,
B1-7
Attachment 1
Railroad Safety Trail and Prefumo Creek Bridge Project Updates Page 3
cross the railroad tracks on a second bridge linking Pepper Street to the California Highwa y
Patrol (CHP) property, and continue to the southern edge of the existing pathway at Hathway b y
utilizing the existing California Blvd bridge over Highway 101 (Attachment 4 and 5). Staff has
met with CHP about the possibility of using the rear of its property, and initial discussions wer e
very encouraging . Subsequent verbal conversations with the Public Utilities Commission (PUC )
and UPRR real estate and operations divisions indicate their support for the trail realignment .
Staff has proposed one new Capital Improvement Project in the 2011-13 Financial Plan (Taft t o
Pepper) to proceed with these new alignments, minimizing the use of UPRR right-of-way, an d
utilizing the remaining grant funds approved for the original project . The Hathway to Taft
project utilizes existing grant funding to complete the design and construction while the Taft t o
Pepper project utilizes State Highway Account (SHA) funds to begin the effort to develop a
design and receive the necessary approvals from UPRR, PUC and CHP . The City would the n
seek future grants to complete the project's design and construction .
4 . Foothill Blvd . to Campus Way Phase 4A Updat e
Although the Phase 4A bike path construction appears to be complete, the City has had to sto p
work on the project while waiting for an agreement to be processed with UPRR . The reason fo r
stopping the work is that the current traffic signal near the railroad crossing cannot be modifie d
until the existing pre-emption circuits are moved on the tracks, and new conductors are in plac e
at the railroad cabinet . The delay has caused staff to demobilize the contractor while waiting for
the agreement . This delay has also prevented the City from performing the final work to th e
signal and opening the bicycle path to the public . The agreement with UPRR was approved i n
March 2011, and UPRR's crews have been scheduled to begin the work on April 26, 2011 . Onc e
UPRR completes its work, the City's contractor will complete the remaining signal work a t
Foothill and California . Staff estimates that this phase of the project to be completed by the en d
of July, 2011 .
Prefumo Creek Bridge Projec t
On September 19, 2006, the City Council approved a General Plan amendment, rezone an d
minor subdivision to allow the Windermere Condominiums to sell their recreation building as a
dwelling unit . As a condition of approval for the sale, the Council required dedication of a n
access easement for the City to construct a pedestrian and bicycle path, along with a bridge over
Prefumo Creek, to access the existing Vista Lago Park from Oceanaire Drive . The bridge an d
path would serve the needs of both bicyclists and pedestrians by providing a preferable route t o
traveling on Los Osos Valley Road (LOVR) to access the area schools and neighborhood s
(Attachment 6).
In May 2007, a grant for $798,600 from the Safe Routes to Schools program was approved fo r
the project . In October 2008, design was started on the bike / pedestrian path and bridge . With a
preliminary design nearly completed, staff presented the project to residents within the vicinit y
of the bike path for public comment . Some residents, including several property owners in th e
Windermere Condominiums, were strongly opposed to the bike path . This oppositio n
culminated in an appeal by a Windermere Condominium homeowner of the Architectura l
Review Commission's (ARC) action to approve the project .
Attachment 1
Railroad Safety Trail and Prefumo Creek Bridge Project Updates Page 4
At the City Council meeting on March 16, 2010, the City Council voted 3 :2 to deny the appea l
and uphold the ARC's action to approve the project, along with a Mitigated Negativ e
Declaration subject to mitigation measures and conditions to expand the path width and evaluat e
path lighting (Attachment 7). The Council also voted 5 :0 to direct staff that if the project as
designed and approved by the ARC and City Council becomes infeasible, then staff shoul d
return to Council with an alternate route consistent with grant funding provisions . One such way
that it would be clear that the alternative needed to be pursued is if Windermere homeowner s
decided to forego granting the City easements for the bike path .
Soon after the March 16, 2010 Council meeting, the Windermere Condominium Homeowners '
Association (HOA) Board sent a ballot concerning the granting of an easement to it s
homeowners . On the granting of an easement for the bike path project, the vote was 11 in favo r
and 25 not-in-favor with 13 of the 49 ballots not returned . Although staff did not see the ballo t
language, it is certain that the ballot did not include any property appraisal information . Th e
vote to sell the recreation room for conversion to a residence also did not pass .
In order for the City to exhaust all possible opportunities with regard to this project, staf f
pursued three options, described below . Staff is recommending Item #3 pursuing an alternativ e
routing for the connection that utilizes existing street right of way along Los Osos Valley Road :
1.Easement Appraisal and direct compensation .Staff had an appraisal of the Windermer e
easement prepared and presented it to the HOA board . The board conducted their own
appraisal which valued the easement at approximately 3 times the appraisal prepared for th e
City . The City's appraiser reviewed Windermere's appraisal and did not concur with it s
assumptions of developable land and damages . After sharing this review, the HOA boar d
notified the City that they unanimously supported their own appraisal and that they were no t
interested in entertaining any offers lower than the one presented in their appraisal . The HO A
noted that the motivation to sell was low and therefore the City "must be willing to provid e
the owners with sufficient financial incentive above the assessed value to approve the sale".
Further, the HOA board reiterated they would not enter into any agreement with the Cit y
without obtaining 100 % approval from its 49 members . Given these two significant hurdle s
staff does not recommend pursuing this alignment any further and instead direct its efforts t o
other options .
2.Other Creek Crossing Locations .Staff investigated other possible locations for a bicycl e
pedestrian bridge across Prefumo Creek . One other location was identified, however, the
neighborhood connection would not be as direct as the Windermere easement and it woul d
require easement acquisitions from two property owners, one of whom was contacted and di d
not express an interest in granting the City an easement for the appraised value .
3.Alternative Route on LOVR .Staff evaluated alternative designs and has determined that it i s
possible to construct a two-way 12 foot wide path along the northeast side of LOV R
(Attachment 8). Given this ability, staff has requested Caltrans approval of a time extensio n
and change to the project description to move the Safe Routes to School grant funding to th e
LOVR alternative route . If approved, the project has sufficient grant funding to complete the
Attachment 1
Railroad Safety Trail and Prefumo Creek Bridge Project Updates Page5
project . Although not the preferred route, staff recommends that the City proceed with the
LOVR alternative route because it is feasible and does not require the use of any privat e
property to make the connection .
CONCURRENCE S
The Bicycle Advisory Committee and County Bike Coalition Board has been kept apprised o f
staff efforts on each project and has been supportive of staff's recommended course of action .
FISCAL IMPAC T
The Hathway to Taft project proposes to utilize approved BTA grant funding which ha d
previously programmed for the Amtrak Station to Marsh Street project . The Taft to Pepper
project proposes to utilize SHA funds, as well as existing and future grant funding, to pay for th e
design and construction of the project .
Grant Funding Impacts
UPRR's reversal of approval for the Railroad Safety Trail conceptual design adversely impacte d
the City's plans for two grant funded projects, Amtrak to Marsh Street and the Highway 10 1
pedestrian/bicycle bridge . Staff has requested grant time extensions and shifts in funding t o
other sections of the Railroad Safety Trail with the goal of utilizing all of the grant fundin g
approved to- date .
Original Grant Amount/
Approved Funding
Grant Deadlin e
Trail Section
Remainin g Fundin
Shift to :
Amtrak
Station
t o
Marsh Street
BTA $890,000/$500,000 Foothill to Campu s
Hathway to Taft
April
30,
201 1
(time
extensio n
requested )
Highway 101 Bridge BTA/SHA
$495,000/$158,000
Taft to Pepper April 1, 2015
ALTERNATIVE S
Railroad Safety Trail Projec t
1.The Council could consider other alternative routes such as utilizing California Blvd . to
Phillips Lane . Although much less expensive to implement, staff does not recommend thi s
alternative because of the number of driveways that would need to be crossed and th e
complexities of two-way travel on one side of the roadway .
2.The Council could consider negotiating further with UPRR on the City's preferred route .
Staff does not recommend this alternative because staff does not believe the City will b e
successful in our efforts and the grant funding received to date would be put further as ris k
without the certainty of an approved route .
3.The Council could consider abandoning the project altogether . Staff does not recommen d
this alternative because completing this segment between Marsh Street and the curren t
B1-1 0
Attachment 1
Railroad Safety Trail and Prefumo Creek Bridge Project Updates Page6
terminus at Hathway Street will provide a direct bicycle and pedestrian route from th e
downtown to the Cal Poly campus .
Prefumo Creek Bridge Projec t
4.The Council could consider negotiating further with the Windermere homeowner's
association . Staff does not recommend this alternative because it would be very costly an d
the likelihood of receiving 100 percent property owner approval is low .
5.The Council could consider abandoning the project altogether . Staff does not recommen d
this alternative because there is still a need to provide an improved bicycle and pedestria n
connection between the two neighborhoods .
ATTACHMENT S
1.UPRR letter of November 200 4
2.UPRR letter of November 200 9
3.Council memo of February 201 0
4.UPRR Alternative Alignment Map and Segments Ma p
5.Aerial Photo of Alternative Alignmen t
6.Prefumo Creek Bridge Site Ma p
7.Council Action of Prefumo Creek Bridge Projec t
8.Proposed LOVR Street Cross Sectio n
\\chstore4\Team\Council Agenda Reports\Public Works CAR\2011\Transportation\RRST-Prefumo Update\CAR RRST-Prefumo project updates-
final .doc
Attachment 2
counci lj ac,EnOa nepoR t
C I T Y O F S A N L U I S O B I S P O
FROM :
Jay D . Walter, Director of Public Work s
Prepared By : Michael J . McGuire, Engineer II I
SUBJECT : PREFUMO CREEK / LOS OSOS VALLEY ROAD BIKE PATH GRAN T
FUNDIN G
RECOMMENDATION S
1.Deprogram $5,484 .93 in approved Safe Routes to School grant funding for the constructio n
of the Prefumo Creek Pedestrian Bike Path .
2.Transfer $119,775 from the projects construction phase to the project's design phas e
($55,000) and construction management phase ($64,775) to support the design and
construction of the alternative Safe Routes to School bike/pedestrian path along Los Oso s
Valley Road between Oceanaire Drive and Laguna Lane .
DISCUSSIO N
Backgroun d
In 2006, staff applied for and was awarded a Safe Routes to School (SRTS) Grant of $798,60 0
for the design and construction of a pedestrian/bike bridge across Prefumo Creek that woul d
provide a safe link for the community and the area schools between the Oceanaire and Lagun a
Lake neighborhoods . Starting from Oceanaire Drive, the Class I bicycle and pedestrian pat h
would run through an access easement at the Windermere Condominiums, span across Prefum o
Creek with a new bridge, enter into Vista Lago Park and end at Vista Lago Street, near Lagun a
Middle School . Early discussions with Windermere management indicated they would be willin g
to consider such an easement . After many months of negotiations with the Windermer e
Homeowners Association, an agreement for the bike path/bridge project failed to materialize . At
this time, Staff recommends proceeding with the design and construction of an alternativ e
bike/pedestrian path along Los Osos Valley Road .
Negotiation s
Design of this project was initiated in October 2008 and preliminary design completed b y
August 2009 . With a substantial portion of the design completed, staff presented the project t o
residents within the vicinity of the bike path for public comment . At time of public comment ,
some residents, including several property owners in the Windermere Condominiums, wer e
strongly opposed to the bike path . This opposition resulted in an appeal to the Architectura l
Review Commission (ARC), which denied the appeal and approved the project . Ultimately, the
appeal went before the City Council on March 16, 2010, where the Council denied the appea l
and upheld the ARC's action to approve the project . The City Council also directed staff that i f
the project, as it was designed and approved by both the ARC and City Council, becam e
Meeting °"Sept . 6, 201 1
he, Nu.ber
B1-12
Attachment 2
Prefumo Creek Bike Path Grant Funding,Specification No .90806 Page2
infeasible, then staff would return to Council with an alternate route consistent with gran t
funding provisions .
By this point, the Windermere Homeowners Association had reversed its cooperation to dedicat e
the access easement to the City . The City attempted to negotiate a purchase of the acces s
easement from the Windermere Homeowners Association but could not agree on a sale price .
Staff decided it was unfeasible to continue with the project as designed and determined that th e
City should proceed with the alternative path route as indicated in the initial grant application .
This alternative path was approved by the City Council on May 3, 2011 (Attachment 1).
Alternative Pat h
The alternative path route consists of installing a 12 foot wide two-way concrete Class I bik e
path on the northbound traffic side of Los Osos Valley Road between Oceanaire Drive an d
Laguna Lane (Attachment 2). The installation will require relocating curb and gutter, traffi c
lanes, a bus stop and some utilities, along with improved traffic signalization and bike pat h
approaches . Design is set to begin soon with Cannon Engineering of San Luis Obispo, one o f
the City's on-call civil engineering design consultants . It is anticipated that construction wil l
begin in June 2012, immediately after the completion of the school year and constructio n
completed by the end of August 2012, prior to the start of the new school year .
As a condition of the original grant, a portion was allocated for the design of the bike/pedestria n
bridge in July 2008 . The full amount for design was completely expended in 2008-09 for th e
original design consultant's services . There is currently $715,396 .93 remaining in the projec t
account for construction and construction management services .
Since the alternative bike path route required a different project scope of work, a revised projec t
budget was submitted to Caltrans Division of Local Assistance, the responsible agency for gran t
disbursements . In June 2011, Caltrans approved the new project scope and disbursements for th e
design, construction and construction management services for this project . Staff recommend s
proceeding with the design and construction of this alternative bike/pedestrian path along Lo s
Osos Valley Road .
CONCURRENCE S
The project has the concurrence of Caltrans, San Luis Obispo Council of Government s
(SLOCOG), C .L . Smith Elementary School and Laguna Lake Middle School .
FISCAL IMPACT
The Prefumo Creek Bicycle and Pedestrian Bridge project was approved as part of the 2007-0 9
Mid-Year Financial Plan, pages C-32 through C-36, which appropriated $798,600 in SRTS gran t
funding for design and construction services . Currently, there is $715,396 .93 remaining in th e
project account ; $703,296 .93 for construction and $12,100 for construction management an d
inspection services .
B1-13
Attachment 2
Prefumo Creek Bike Path Grant Funding, Specification No . 90806 Page 3
Due to the revised project scope, project budgets for design, construction and constructio n
management have been changed . In June 2011, Caltrans approved the revised disbursemen t
amount which includes a deprogramming of approximately $5,485 of grant funds which will not
be realized as a part of this project. Staff recommends approval to transfer remaining funds t o
the appropriate project phases : $55,000 for design services, $578,037 construction services an d
$76,875 for construction management/inspection services .
The revised project budget is provided below .
Fiscal Impact Summary
Preefuino Creek Ped Bike Path (90806_
Current Proposed Change
Desig n
Constructio n
Construction Management
-
703,29 7
12,100
55,00 0
578,03 7
76,875
55,00 0
(125,260 )
64,77 5
Total 715,397 709,912 (5,485)
All project costs are fully funded by the State's Safe Routes to School (SRTS) Grant . There are n o
City matching funds required .
ALTERNATIVE
Deny revised appropriation of grant funding .The Council may choose not to approve th e
revised grant appropriations . Staff does not recommend this alternative as the SRTS grant
funding has already been approved and received . Transferring of funds to the appropriat e
project phases will provide a better accounting of true project costs . The SRTS Grant represent s
a total of $709,912 in funds available to the City of San Luis Obispo for this bike path project
with no requirement for City matching funds . Without this funding, this project will not have th e
necessary financial support to continue .
ATTACHMENTS
1.Council Agenda Report Prefumo Creek Bridge Project Updat e
2.Vicinity Ma p
T :\Council Agenda Reports\Public Works CAR\2011\CIP\90806 LOVR SRTS Bike Path\90806 CAR Design Funds .doc
B1-1 4
62 .5 125 250Feet
Appendix C : Project Site Ma p
Legend NA
Crossing Guard
School Rout e
Cree k
Project Sit e
Access Path
e e m o e+c Alternative Path
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Attachment 4
MINUTE S
MEETING OF THE CITY COUNCI L
CITY OF SAN LUIS OBISP O
TUESDAY, MARCH 16, 201 0
COUNCIL CHAMBER, 990 PALM STREE T
SAN LUIS OBISPO, CALIFORNI A
4 :00 P .M . — SPECIAL MEETIN G
ROLL CALL :
Council Member s
Present :Council Members John Ashbaugh, Jan Howell Marx, Allen K . Settle, Vic e
Mayor Andrew Carter and Mayor Dave Romer o
City Staff
Present :Katie Lichtig, City Manager, Christine Dietrick, City Attorney, Shell y
Stanwyck, Assistant City Manager, and Elaina Cano, City Clerk, wer e
present at Roll Call . Other staff members presented reports or responde d
to questions as indicated in the minutes .
BUSINESS ITEM S
1 .LAGUNA VILLAGE SHOPPING CENTER ACCESS IMPROVEMENTS .
Director of Public Works Walter introduced this item, following which Deputy Director o f
Public Works Bochum and Traffic Operations Manaqer Hudson presented the agend a
report and responded to questions .
Public Comment s
Terry Schubert,spoke about his continual concerns regarding traffic safety and th e
general support of staffs recommendation . Mr. Schubert also spoke of his support of th e
phased approached including a full signalization .
Scott Schell,Associated Transportation Engineers, commented on traffic safety, signa l
options, and the left turn lane going into the LVSC .
Nazir Lalani,Traffex Engineers, Inc., gave an explanation regarding the proximity of th e
proposed traffic light and commended staff for a thorough report .
Cheryl Lenhardt,San Luis Obispo, spoke about traffic and pedestrian safety going in an d
out of the LVSC and the adjacent neighborhood .
Paul Dahan,San Luis Obispo, spoke about his concerns regarding traffic and pedestria nsafety.
Attachment 4Page2City Council Meetin g
Tuesday, March 16, 201 0
---end of public comments---
Council Member Settle spoke in support of Alternative #1 . Mr . Settle explained th e
importance of constructing a traffic signal at Madonna Road and Pereira Drive as soo n
as possible and spoke in opposition to the phased approach .
City Attorney Dietrick stated that the staffs recommendation, from a liability standpoint ,
creates a record where the City has comprehensive and reliable data on which t o
proceed in a phased manor .
Council Member Ashbaugh spoke in support of staffs recommendation and spoke o f
his concerns with the left hand turning lane and traffic and safety concerns regardin g
emergency access from Fire Station #4 .
Council Member Marx spoke in support of staffs recommendation and expressed he r
concerns regarding traffic and safety issues with the emergency access from Fir e
Station #4, the removal of trees, and the Shell Gas Station driveway .
Mayor Romero stated that the traffic analysis that he performed coincided with th e
traffic analysis given by the consultant . Mr . Romero spoke in support of th e
construction of a full signal .
Vice Mayor Carter spoke in support of staffs recommendation with the criteria a s
outlined including the hard wire connection to the fire station and tree mitigation .
ACTION :Moved by Carter/Marx to approve staffs revised recommendation to approv e
a compromise action plan addressing traffic congestion, safety, and access in th e
vicinity of Madonna and LOVR, including the draft criteria for moving from phase t o
phase, hard wire connection to the fire station for traffic signal preemption, and tre e
removal mitigation . 2 . Council authorized staff to implement subsequent phases . 3 .
Direct the City Manager and the City Attorney to finalize an agreement with the LVS C
regarding the proposed action plan and Authorize the City Manager to approve th e
agreement ; motion carried 3 :2 (Romero and Settle opposed )
Mayor Romero and Council Member Settle stated their opposition to the motion wa s
because the phased approach did not provide the immediate needs of the citizens .
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ADJOURN TO CLOSED SESSION 6 :28 P .M .
FOLLOWING THE 4 :00 P .M . SPECIAL MEETING — CLOSED SESSION — COUNCI L
HEARING ROO M
ANNOUNCEMENT OF CLOSED SESSION TOPIC ,
City Attorney Dietrick announced the following Closed Session topic :
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City Council Meetin g
Tuesday, March 16, 2010
Attachment 4Page3
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1
CONFERENCE REGARDING PROPERTY NEGOTIATION S
Pursuant to Government Code § 54956 .8
PROPERTY :736 Marsh Stree t
NEGOTIATING PARTIES :
City of San Luis Obispo :Katie Lichtig, Shelly Stanwyck, J . Christine Dietric k
WestPac :Hamish Marshal l
NEGOTIATIONS :Possible acquisition of property, terms and pric e
PUBLIC COMMENT ON CLOSED SESSION ITE M
Mayor Romero called for public comments . None were forthcoming and the meetin g
adjourned to the Closed Session .
CLOSED SESSION REPORT .
City Attorney Dietrick reported on the Closed Session at the commencement of the 7 :0 0
p .m . Regular Meeting .
The Closed Session adiourned at 7 :02 p .m .
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7 :00 P .M . -- REGULAR MEETIN G
Mayor Romero called the regular meeting to order at 7 :07 p .m . All Council Member s
were present .
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PRESENTATIO N
DONATION BY RUNNING WAREHOUSE AND PLUS 3 NETWORK .Special Event s
Coordinator Wallace introduced Joe Rubio, owner of Running Warehouse, Davi d
Monaco, Plus 3 Network, who presented the City with a $4,999 donation .
APPOINTMENT S
1 .2010 APPOINTMENTS TO CITY ADVISORY BODIES .
ACTION :Moved by Settle/Ashbaugh,in accordance with the recommendations of th e
Council Subcommittees, to make appointments to the City's advisory bodies effectiv e
April 1, 2010 ; motion carried 5 :0 .
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PUBLIC COMMEN T
Tim Williams,Digital West Metro Fiber, spoke about the opportunity to provide the Sa n
Luis Obispo Business District with metro fiber and requested the Council to agendiz e
this topic . Council directed staff to work with Mr . Williams and agreed to sign individua l
letters of support .
B1-18
City Council Meeting Page Attachment 4
Tuesday, March 16, 2010
CONSENT AGEND A
By consensus, Council pulled item C7 for further discussion .
ACTION :Approve the Consent Agenda as indicated below .
Cl .MINUTES .
ACTION :Moved by Settle/Carter to waive oral reading and approve as presented ;motion carried 5 :0 .
C2.NAMING OF THE SANTA ROSA PARK MULTI-USE COURT IN HONOR O FKEN HAMPIAN .
ACTION :Moved by Settle/Carter to approve naming the Santa Rose Park Multi-Us eCourt the Hampian Hockey Rink and Multi-Use Court in honor of Ken Hampian'scontributions to the City of San Luis Obispo during his tenure as City Manager ; motio ncarried 5 :0 .
C3.SAN LUIS OBISPO COUNTY PUBLIC ACCESS, INC . (SLOCOPA)AGREEMENT RENEWAL .
ACTION :Moved by Settle/Carter to : 1 . Approve the renewal of the Agreement wit hSLOCOPA for the continued use of the public portion of the PEG Access funds for aterm of three years expiring on March 31, 2013 and authorize the Mayor to execute th eagreement. 2 . Approve the waiver of the requirement for year-end financial statement sto be audited by an independent certified public accountant ; motion carried 5 :0 .
C4.REQUEST FOR PROPOSALS — DESIGN, TRAFFIC ENGINEERING, AN DCONSTRUCTION MANAGEMENT SERVICES, SPECIFICATION NO . 90703 -2010 .
Council Member Marx spoke about the needs of the neighborhoods and additiona lpolice officers .
ACTION :Moved by Settle/Carter to : 1 . Approve the Request for Proposals (RFP) toprovide Design, Traffic Engineering, and Construction Management Services for th eCapital Improvement Program, Specification No . 90703-2010 . 2 . Authorize the CityManager to execute agreements with the selected consulting firms . 3 . Authorize th eFinance Director to execute Purchase Orders for individual projects to consultant sunder agreement, in an amount not to exceed the authorized project budget ; motio ncarried 5 :0 .
C5.DOWNTOWN WATER, SEWER AND MICROSURFACING SUMMER 2010 ,SPECIFICATION NO . 90976 .
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Attachment 4
City Council Meeting Page 5
Tuesday, March 16, 201 0
Mayor Romero spoke about his concerns regarding the street paving priorities in th e
downtown core .City Manager Lichtiq explained that staff is already in the process of
evaluating options to facilitate the evaluation of the downtown streets as a highe r
priority .
ACTION :Moved by Settle/Carter to : 1 . Approve plans and specifications for th e
Downtown Water, Sewer and Microsurfacing Summer 2010 Project Specification No .
90976 . 2 . Authorize staff to advertise for bids and authorize the City Manager to award
the contract if the lowest responsible bid is less than or equal to the Engineer's
Estimate of $559,000 ; motion carried 5 :0 .
C6.2010-11 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRAN T
APPLICATION .
ACTION :Moved by Settle/Carter to : 1 . Authorize staff to submit a grant application t o
the California Department of Alcoholic Beverage Control for Fiscal Year 2010-11 not t o
exceed $50,000 . 2 . If a grant is awarded, authorize the City Manager to execute th e
necessary grant documents . 3 . Adopt Resolution No . 10155 (2010 Series)authorizin g
the City Manager to enter into a contract with the State if awarded funding ; motio n
carried 5 :0 .
C7.SUPPORT FOR THE CITY'S PARTICIPATION IN THE GOOGLE "FIBER FO R
COMMUNITIES" PROJECT .
This item was pulled for further Council discussion, during which they spoke in suppor t
of staffs recommendation .
ACTION :Moved by Ashbaugh/Marx to adopt Resolution No . 10156 (2010 Series )
supporting the City's participation in Google's "Fiber for Communities" project an d
authorizing the City Manager to complete the City's response to Google's "Request fo r
Information"; motion carried 5 :0 .
---------------------------------------------------------------------------- -----------------------------------
PUBLIC HEARINGS ,
2 .APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION T O
APPROVE A MITIGATED NEGATIVE DECLARATION AND THE DESIGN OF A
BICYCLE AND PEDESTRIAN PATH AND BRIDGE OVER PREFUMO CREE K
AT 1269 VISTA LAGO (ARC/ER 74-09, PAUL JOHANSEN, APPLICANT .
Community Development Director Mandeville introduced this item, following whic h
Senior Planner Ricci presented the agenda report and responded to questions .
Mayor Romero opened the public hearing .
B1-20
Attachment 4City Council Meeting Page 6
Tuesday, March 16, 201 0
Paul Johanson,Appellant, spoke in opposition to staffs recommendation and referred t o
a powerpoint presentation and responded to questions from Council .
Sharon Sevmore,San Luis Obispo, spoke in opposition to the design of the bridge an d
stated her concerns regarding the safety of the bridge .
The following speakers spoke in support of staffs recommendation :
Mary Andrews,San Luis Obisp o
Michelle Shoresman,San Luis Obisp o
Kevin Christian,San Luis Obisp o
Jonathan Roberts
Glen Matteson,Chair of the Bicycle Advisory Committe e
Chris Teaford,San Luis Obisp o
Dan Rivoire,Executive Director of the San Luis Obispo Bicycle Coalitio n
Tom DiSanto,San Luis Obisp o
Kelsie Greer,San Luis Obispo Regional Rideshar e
Vanessa Amerso n
Gary Navas,San Luis Obisp o
Jim Woolf,Bicycle Advisory Committee Membe r
Cynthia Steele,San Luis Obispo, spoke in opposition of the bridge .
Denise Page,spoke in opposition to the bridg e
Amir Burstein,San Luis Obispo, spoke in opposition to the bridge .
Shirley Howell,San Luis Obispo, spoke in opposition of the bridge .
Gary Fowler,San Luis Obispo, spoke about his conems regarding lighting, budget ,
liability.
Anne McGlynn,San Luis Obispo, spoke about her concerns with the width of the bridge ,
the 24 hour accessibility and the available parking spaces at the Windermer e
Condominium Complex .
Mayor Romero closed the public hearing .
Council Member Marx spoke in support of the concept of the design of the bridge an d
staffs recommendation .
Manor Romero expressed his concerns regarding not receiving a firm offer to dedicate a s
an initial condition to development . Mr. Romero also spoke of his concerns regarding th e
width of the bridge and other alternative routes .
Council Member Settle agreed with Mayor Romero .
Council Member Ashabuah spoke in supoprt of staffs recommendation with the additio n
of Condition 4 and additional lighting for safety .
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Attachment 4
City Council Meeting Page 7
Tuesday, March 16, 201 0
Vice Mayor Carter spoke in support of staffs recommendation and additional lighting o n
the length of the path .
ACTION :Moved by Marx/Ashbaugh to adopt Resolution No . 10157 (2010 Series),
denying the appeal and upholding the Architectural Review Commission's action t o
approve the project and a Mitigated Negative Declaration, based on findings, an d
subject to mitigation measures and conditions" plus SAFETY CONDITION #4 - Base d
on continuing negotiations with the Windermere homeowners' association board ,
modifications to the path design on the northern boundary of the Windermer e
condominium development may be approved by the Community Developmen t
Department if the modifications result in a wider path width at this location, an d
CONDITION #5 Work to expand the width of the path and evaluate the path lighting ;
motion carried 3 :2 (Romero and Settle opposed).
Moved by Settle/Carter to direct staff that if the project as designed and approved b y
the ARC and City Council is not feasible, then an alternate route consistent with gran t
funding provisions shall return to the City Council ; motion carried 5 :0 .
COUNCIL LIAISON REPORTS ,
Council Member Settle reported on his attendance at the Performing Arts Facilitie s
Committee meeting .
Council Member Marx reported on her attendance at the SLOCOG and SORTA
meetings .
Council Member Ashbauqh reported on his attendance at the Cultural Heritag e
Committee and the Homeless Services Oversight Committee Meetings .
Mayor Romero reported on his attendance at the Mayor's meeting .
-----------------------------------------------------------------------------------------------------------
COMMUNICATION S
Council discussed and agreed to endorse the San Luis Obispo Downtown Association's
Vision document via resolution .
Council Member Settle spoke about his concerns regarding a plan line between Los Oso s
Valley Road and Buckley Road .
City Manager Lichtiq stated that staff will meet to discuss what resources are available t o
research Council Member Settle concerns .
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There being no further business to come before the City Council,Mayor Romero
adjourned the meeting at 10 :00 p .m .
B1-22
Attachment 4
City Council Meeting Page 8
Tuesday, March 16, 2010
/2-e-.01--GI -
Elaina Cano, CM C
City Cler k
APPROVED BY COUNCIL : 05/18/10
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Los Osos Valley Roa d
~e lanes t o
conflicts
PROPOSE D
Class I Mulit-Use path for Safe Routes to school progra m
providing improved bicycle and pedestrian connectivit y
between the Oceanaire Neighborhood & Laguna Middle School
On-
advance (
buff