HomeMy WebLinkAbout09/06/2011, C 4 - PREFUMO CREEK / LOS OSOS VALLEY ROAD BIKE PATH GRANT FUNDING G G
council "rept. 6.2011
j acEnaa nEpoizt
CITY OF SAN LUIS O B I S P O
FROM: Jay D. Walter, Director of Public Works
Prepared By: Michael J. McGuire, Engineer III
SUBJECT: PREFUMO CREEK / LOS OSOS VALLEY ROAD BIKE PATH GRANT
FUNDING
RECOMMENDATIONS
1. Deprogram $5,484.93 in approved Safe Routes to School grant funding for the construction
of the Prefumo Creek Pedestrian Bike Path.
2. Transfer $119,775 from the projects construction phase to the project's design phase
($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 Osos
Valley Road between Oceanaire Drive and Laguna Lane.
DISCUSSION
Background
In 2006, staff applied for and was awarded a Safe Routes to School (SRTS) Grant of$798,600
for the design and construction of a pedestrian/bike bridge across Prefumo Creek that would
provide a safe link for the community and the area schools between the Oceanaire and Laguna
Lake neighborhoods. Starting from Oceanaire Drive, the Class I bicycle and pedestrian path
would run through an access easement at the Windermere Condominiums, span across Prefumo
Creek with a new bridge, enter into Vista Lago Park and end at Vista Lago Street, near Laguna
Middle School. Early discussions with Windermere management indicated they would be willing
to consider such an easement. After many months of negotiations with the Windermere
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 alternative
bike/pedestrian path along Los Osos Valley Road.
Negotiations
Design of this project was initiated in October 2008 and preliminary design completed by August
2009. With a substantial portion of the design completed, staff presented the project to 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, were strongly
opposed to the bike path. This opposition resulted in an appeal to the Architectural 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 appeal and
upheld the ARC's action to approve the project. The City Council also directed staff that if the
C4-1
Q O
Prefumo Creek Bike Path Grant Funding, Specification No. 90806 Page 2
project, as it was designed and approved by both the ARC and City Council, became infeasible,
then staff would return to Council with an alternate route consistent with grant funding
provisions.
By this point, the Windermere Homeowners Association had reversed its cooperation to dedicate
the access easement to the City. The City attempted to negotiate a purchase of the access
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 the
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 Path
The alternative path route consists of installing a 12 foot wide two-way concrete Class I bike path
on the northbound traffic side of Los Osos Valley Road between Oceanaire Drive and Laguna
Lane (Attachment 2). The installation will require relocating curb and gutter, traffic lanes, a bus
stop and some utilities, along with improved traffic signalization and bike path approaches.
Design is set to begin soon with Cannon Engineering of San Luis Obispo, one of the City's on-
call civil engineering design consultants. It is anticipated that construction will begin in June
2012, immediately after the completion of the school year and construction 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/pedestrian
bridge in July 2008. The full amount for design was completely expended in 2008-09 for the
original design consultant's services. There is currently $715,396.93 remaining in the project
account for construction and construction management services.
Since the alternative bike path route required a different project scope of work, a revised project
budget was submitted to Caltrans Division of Local Assistance, the responsible agency for grant
disbursements. In June 2011, Caltrans approved the new project scope and disbursements for the
design, construction and construction management services for this project. Staff recommends
proceeding with the design and construction of this alternative bike/pedestrian path along Los
Osos Valley Road.
CONCURRENCES
The project has the concurrence of Caltrans, San Luis Obispo Council of Governments
(SLOCOG), C.L. Smith Elementary School and Laguna Lake Middle School.
FISCAL IMPACT
The Prefiuno Creek Bicycle and Pedestrian Bridge project was approved as part of the 2007-09
Mid-Year Financial Plan, pages C-32 through C-36, which appropriated $798,600 in SRTS grant
funding for design and construction services. Currently, there is $715,396.93 remaining in the
project account; $703,296.93 for construction and $12,100 for construction management and
inspection services.
C4-2
0
Prefumo Creek Bike Path Grant Funding, Specification No.90806 Page 3
Due to the revised project scope, project budgets for design, construction and construction
management have been changed. In June 2011, Caltrans approved the revised disbursement
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 to
the appropriate project phases: $55,000 for design services, $578,037 construction services and
$76,875 for construction management/inspection services.
The revised project budget is provided below.
Fiscal Impact Summary
Current Proposed Change
Design - 55,000 55,000
Construction 703,297 578,037 (125,260)
Construction Management 12,100 76,875 64,775
Total 715 97 709 912 (5,485)1
All project costs are fully funded by the State's Safe Routes to School (SRTS) Grant. There are no
City matching funds required.
ALTERNATIVE
Deny revised appropriation of grant funding. The Council may choose not to approve the
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 appropriate project
phases will provide a better accounting of true project costs. The SRTS Grant represents 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 the
necessary financial support to continue.
ATTACHMENTS
1. Council Agenda Report Prefumo Creek Bridge Project Update
2. Vicinity Map
T:\Council Agenda Reports\Public Works CAR\2011\CIP\90806 LOVR SRTS Bike Path\90806 CAR Design Funds.doc
C4-3
O Attachment 1
COUnaL X1,6w N. 5/3/11
j acEnba uEpont 1�mN°m�
CITY OF SAN L U IS O B I S P O
FROM: Jay D. Walter, Director of Public Works
Prepared By: Peggy Mandeville, Principal Transportation Planner
Dan VanBeveren, Senior Civil Engineer
SUBJECT: RAILROAD SAFETY TRAIL AND PREFUMO CREEK BRIDGE
PROJECT UPDATES
RECOMMENDATION
1. Direct staff to continue its efforts on the alternative alignment designs for the Railroad Safety
Trail,. pursuing approval from the State of California and utilizing City right-of-way where
possible.
2. Direct staff to begin preparation of plans and specifications for the Los Osos Valley Road
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 major
bikeway projects being undertaken by the City: 1) the Railroad Safety Trail and 2) the Prefumo
Creek Bicycle Bridge to Laguna Middle School. The projects have encountered obstacles to
completion mostly having to do with acquisition of right of way and access across privately held
property. This report discusses alternative assessments conducted for each of these projects and
recommends alternatives for Council consideration to the previously approved project
alignments.
DISCUSSION
Railroad Safety Trail
1. Background
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 to
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 existing
railroad tracks, and would be constructed partially on UPRR right-of-way. Attachment 4 shows
segments and phase areas for reference. UPRR conceptually agreed to the trail as reflected in the
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 for
the trail based on the approved alignment, and hired consultants to complete design and
environmental studies in order to prepare plans for construction. The City has also recently
undertaken certain maintenance and improvement obligations on UPRR property throughout the
C4-4
13
0 Attachment 1
Railroad Safety Trail and Prefumo Creek Bridge Project Updates Page 2
City as a condition for the license agreement for the portion of the trail that was constructed in
2009.
In the summer of 2008, when staff submitted plans to UPRR for final approval of the bike path
between the Amtrak Station and Hathway Avenue and to enter into necessary license agreements
to proceed with the construction, staff was then advised by UPRR that the bikeway project was
not consistent with current UPRR policy. Specifically, UPRR policy does not allow for public
pathways to be constructed within 40 feet of the centerline of the railroad tracks. In order for
UPRR to consider approving the project, the pathway would need to be redesigned to be in
compliance with this requirement. Staff continued discussions with UPRR officials, provided the
previous documentation of conceptual approval, noted the safety benefits of such a project
through fencing of the railroad tracks, and communicated the fact that the project was not
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 the
tracks. Despite the information submitted by City staff and the previous conceptual approval by
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 to
meet with UPRR officials to further discuss the matter and gain approval for the license
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 previously
approved based on its policy (Attachment 2). UPRR has continued to refuse to consider any
proposed trail project, in any form, that would occupy the active right-of-way and is closer than
40 feet to the railroad tracks.
Staff contacted several railroad consultants about the UPRR denial and learned that the original
support from UPRR in 2004 was fairly unconventional/unusual and that they felt the City's best
opportunity to get approval from UPRR for a trail alignment would be if the project were
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 the
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, 2010
(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 work
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 knownasPhase 3)
Staff and the Bicycle Advisory Committee recommend a connected route of on-street bicycle
boulevards on low volume streets (Islay and Toro) to complete this section. This route would be
within City right-of-way and therefore will not require any approvals from UPRR.
3. Marsh Street to Hathwav Avenue
In consultation with the Bicycle Advisory Committee, staff has developed a conceptual
alignment that minimizes the need for UPRR right-of-way, and still accomplishes the objective
of completing a Class I pathway along this stretch. The pathway would utilize the eastern edge
of the Pepper Street right-of-way, continue north across a new bridge over Monterey Street,
C4-5
O 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 Highway
Patrol (CHP) property, and continue to the southern edge of the existing pathway at Hathway by
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 were
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 to
Pepper) to proceed with these new alignments, minimizing the use of UPRR right-of-way, and
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 to
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 then
seek future grants to complete the project's design and construction.
4. Foothill Blvd.to Campus Way Phase 4A Update
Although the Phase 4A bike path construction appears to be complete, the City has had to stop
work on the project while waiting for an agreement to be processed with UPRR. The reason for
stopping the work is that the current traffic signal near the railroad crossing cannot be modified
until the existing pre-emption circuits are moved on the tracks, and new conductors are in place
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 the
signal and opening the bicycle path to the public. The agreement with UPRR was approved in
March 2011, and UPRR's crews have been scheduled to begin the work on April 26, 2011. Once
UPRR completes its work, the City's contractor will complete the remaining signal work at
Foothill and California. Staff estimates that this phase of the project to be completed by the end
of July, 2011.
Prefumo Creek Bridge Project
On September 19, 2006, the City Council approved a General Plan amendment, rezone and
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 an
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 and
path would serve the needs of both bicyclists and pedestrians by providing a preferable route to
traveling on Los Osos Valley Road (LOVR) to access the area schools and neighborhoods
(Attachment 6).
In May 2007, a grant for $798,600 from the Safe Routes to Schools program was approved for
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 vicinity
of the bike path for public comment. Some residents, including several property owners in the
Windermere Condominiums, were strongly opposed to the bike path. This opposition
culminated in an appeal by a Windermere Condominium homeowner of the Architectural
Review Commission's (ARC) action to approve the project.
C4-6
OAttachment 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 appeal
and uphold the ARC's action to approve the project, along with a Mitigated Negative
Declaration.subject to mitigation measures and conditions to expand the path width and evaluate
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 should
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 homeowners
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 its
homeowners. On the granting of an easement for the bike path project, the vote was I 1 in favor
and 25 not-in-favor with 13 of the 49 ballots not returned. Although staff did not see the ballot
language, it is certain that the ballot did not include any property appraisal information. The
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, staff
pursued three options, described below. Staff is recommending Item #3 pursuing an alternative
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 Windermere
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 the
City. The City's appraiser reviewed Windermere's appraisal and did not concur with its
assumptions of developable land and damages. After sharing this review, the HOA board
notified the City that they unanimously supported their own appraisal and that they were not
interested in entertaining any offers lower than the one presented in their appraisal. The HOA
noted that the motivation to sell was low and therefore the City "must be willing to provide
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 City
without obtaining 100 % approval from its 49 members. Given these two significant hurdles
staff does not recommend pursuing this alignment any further and instead direct its efforts to
other options.
2. Other Creek Crossing Locations. Staff investigated other possible locations for a bicycle
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 would
require easement acquisitions from two property owners, one of whom was contacted and did
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 is
possible to construct a two-way 12 foot wide path along the northeast side of LOVR
(Attachment 8). Given this ability, staff has requested Caltrans approval of a time extension
and change to the project description to move the Safe Routes to School grant funding to the
LOVR alternative route. If approved, the project has sufficient grant funding to complete the
C4-7
Attachment 1
Railroad Safety Trail and Prefumo Creek Bridge Project Updates Page 5
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 private
property to make the connection.
CONCURRENCES
The Bicycle Advisory Committee and County Bike Coalition Board has been kept apprised of
staff efforts on each project and has been supportive of staffs recommended course of action.
FISCAL IMPACT
The Hathway to Taft project proposes to utilize approved BTA grant funding which had
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 the
design and construction of the project.
Grant Funding Impacts
UPRR's reversal of approval for the Railroad Safety Trail conceptual design adversely impacted
the City's plans for two grant funded projects, Amtrak to Marsh Street and the Highway 101
pedestrian(bicycle bridge. Staff has requested grant time extensions and shifts in funding to
other sections of the Railroad Safety Trail with the goal of utilizing all of the grant funding
approved to-date.
Original Grant Amount/ Approved Funding Grant Deadline
Trail Section Remaining Funding Shit to:
Amtrak Station to BTA $890,000/$500,000 Foothill to Campus April 30, 2011
Marsh Street Hathway to Taft (time extension
requested)
Highway 101 Bridge BTA/SHA Taft to Pepper April I, 2015
$495,000/$158,000
ALTERNATIVES
Railroad Safety Trail Project
I. 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 this
alternative because of the number of driveways that would need to be crossed and the
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 be
successful in our efforts and the grant funding received to date would be put further as risk
without the certainty of an approved route.
3. The Council could consider abandoning the project altogether. Staff does not recommend
this alternative because completing this segment between Marsh Street and the current
C4-8
O
Attachment 1
Railroad Safety Trail and Prefumo Creek Bridge Project Updates Page 6
terminus at Hathway Street will provide a direct bicycle and pedestrian route from the
downtown to the Cal Poly campus.
Prefumo Creek Bridge Project
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 and
the likelihood of receiving 100 percent property owner approval is low.
5. The Council could consider abandoning the project altogether. Staff does not recommend
this alternative because there is still a need to provide an improved bicycle and pedestrian
connection between the two neighborhoods.
ATT
UPRR letter of November 2004
I etter of November 2009
:6. Pr:efumo
n o of February 2010
R Altern lignment Map and Segments Map
al Photo of Alte a Alignment
Creek Bridge Site' o Creek o'ectoposed LOVR Street Cross ectfon
\\chstore4\Team\Council Agenda Reports\Public Works CAR\201 I\Transportation\RRST-Preftimo Update\CAR RRST-Prefumo project updates-
final.doc
C4-9
ATTACHMENT 2
4,1
ic
ohm
t ,
OLL
CL
CL
J
O V 1
1 N
z p0 Vii. o
1 ` O
v o a
council MCM01ZAn0um
RED FILE had C"y, email
° CDUNCD. °CDD DIR
August 31, 2011 MEETING AGENDA ° CRY MGR °MDIR
° Aman a Fmclf EF
DATE `/ /ITEM #�_ ° ATrD� °POUCE
° CI.ERSloRIG °POLiCE CHIEF
n
T0: City Council ° PM° TR °PARsssRECDIR
IBUNE UMDIR
° NEWMM °HRDM
crry
m COUNCIL
FROM: Barbara Lynch, Acting Public W ks Director ° SLO N o arY MGRVIA: Katie Lichtig, City Manager °aUR
SUBJECT: Response to Council Member Ash augh's email regarding the Los Osos Valley
Road Safe Routes to School Bike Path
City Council Member Ashbaugh had some questions concerning the Los Osos Valley Road Safe
Routes to School Bike Path consent item on the September 6`I', 2011 City Council Meeting Agenda.
Staff responses are provided below after each question.
1. Is this the last opportunity-for the Council to review this project?
No. Staff is just beginning to start the design phase for the alternative bike path with Cannon of San
Luis Obispo. When design has been completed, the Council will be able to review the final plans
and specifications when it comes to Council for approval to advertise the project for construction.
2. Has the Bicycle Advisory Committee reviewed and approved this alternative proposal?
Yes. The Bicycle Advisory Committee has been kept appraised of the bike bridge/path project
since its inception and is aware of the implementation of the alternative bike path. The Bicycle
Advisory Committee has reviewed and approved this alternative bike path in principle. As with the
City Council, the Bicycle Advisory Committee will also review the final design prior to the project
being advertised for construction.
3. How is the intersection of Oceanaire Drive and LOV Rd. being designed? If you recall,
when this item was discussed in May I voted against it because I did not see the detailed
design or study of that intersection, and there were significant concerns about the safety of the
counterflow that would occur at that location. I still don't see any design details of this key
concern.
As mentioned, the design phase for the alternative bike path is just beginning. Staff has made the
design consultant well aware that they will need to address the transitions for vehicular flow, as well
as for the two-way flow of cyclists and pedestrians on the new bike path, especially sensitive to
peak use during the time when Laguna Middle School is in session. These transitions will be
addressed not only at the intersection of Los Osos Valley Road and Oceanaire Drive, but also at the
intersection of Los Osos Valley Road and Laguna Lane, through traffic lane relocation, traffic
speed, detection and calming signage and displays, wide approaches at each end of the bike path,
traffic signalization and other transition devices or methods.
\\chstore4\PublicWorks\Staff-Reports-Agendas-Minutes\ CCMemos\201I\LOVR SRTS Bike Path.doc