Memorandum 6.9
DATE: November 30, 2023
TO: Alameda County Transportation Commission
FROM: Vivek Bhat, Senior Director of Programming and Projects John Nguyen, Principal Transportion Planner
SUBJECT: Approve Time Extension Actions Associated with the 2014 Transportation Expenditure Plan Deadlines for Securing
Environmental Clearance and a Full Funding Plan
Recommendation
It is recommended that the Commission approve the following actions related to the deadlines for securing environmental clearance approval and a full funding plan as required by the 2014 Transportation Expenditure Plan.
1. Approve a one-year time extension for eight (8) projects identified on Tables 1 and 2 of Attachment A to extend the deadlines for securing environmental clearance approval and developing a full funding plan. The new deadline is December 31, 2024, with certain conditional requirements for projects identified on Table 2.
2. Approve no time extensions for two (2) projects identified on Attachment A, Table 3.
Summary
The 2014 Transportation Expenditure Plan’s (TEP) Implementation Guidelines require revenues generated by the sales tax program be used in an efficient and effective manner to address the transportation needs of Alameda County. The 2014 TEP’s Implementation Guideline #8 (Strict Project Deadlines) requires the named capital projects in the TEP to secure environmental clearance approval and identify a full funding plan by December 31, 2022. The TEP provides a provision for the Commission to approve one-year time extensions if the environmental clearance approval or full funding plan requirement is not satisfied. On December 1, 2022, the Commission approved a deadline extension to December 31, 2023.
Staff recommends that the Commission authorize a one-year time extension for the Measure BB capital projects identified in Tables 1 and 2 of Attachment A: 2014 Transportation Expenditure Plan Investments Subject to the Strict Project Deadline Requirement. The proposed time extensions through December 31, 2024 will allow project sponsors additional time to refine project scopes, secure environmental clearance approvals and establish full funding plans. For the two (2) projects identified on Table 3 of Attachment A, staff recommends the Commission not approve time extensions and instead require Alameda CTC staff to return to the Commission in 2024 with proposed strategies to reprogram the Measure BB funds.
Background
In November 2014, Alameda County voters authorized an extension of the existing transportation sales tax (Measure B). The 2014 Transportation Expenditure Plan (2014 TEP) guides the investments of Measure BB revenues toward capital projects and programs that improve the countywide transportation system.
The 2014 TEP identifies a total of forty-six (46) project/program investments which include commitments to specific capital projects, formula-based Direct Local Distributions, and discretionary grant programs. Of the 46 TEP investments, nineteen (19) projects are specifically named within the Expenditure Plan as shown in Attachment B:
2014 Transportation Expenditure Plan Investments.
To ensure continuous progress towards project delivery for the 19 specifically named projects in the Expenditure Plan, the 2014 TEP’s Implementation Guideline #8 requires the following project delivery milestone deadline.
8. “Strict Project Deadlines: To ensure that the projects promised in this plan can be completed in a timely manner, each project will be given a period of seven years from the first year of revenue collection (up to December 31, 2022) to receive environmental clearance approvals and to have a full funding plan for each project. Project sponsors may appeal to the Alameda CTC Commissioners for oneyear time extensions” (2014 TEP, page 38).
On December 1, 2022, the Commission approved one-year time extensions for (13) thirteen of the (19) nineteen projects subject to the TEP’s Strict Project Deadline requirement. The extensions allowed project sponsors additional time to satisfy to the Strict Project Deadline requirement through December 31, 2023. Note the Valley Link Rail in Alameda County Project (TEP-20) is subject to a different deadline date of December 31, 2027 due to its amendment into the TEP in 2020.
In Summer 2023, Alameda CTC requested project sponsors of the thirteen (13) projects currently subject to the December 31, 2023 deadline to submit project status updates, including a description of their efforts to obtain environmental clearance approvals and a full funding plan, anticipated milestones schedules, and any requests for time extensions.
Alameda CTC staff reviewed the project sponsor’s information and associated time extension requests, and have determined the following:
• Eight (8) projects continue to require additional time to refine project scopes, secure environmental clearances, and furnish project funding plans as shown on Tables 1 and 2 of Attachment A.
• Three (3) projects have completed the TEP Strict Project Deadline Requirements as shown on Table 3 of Attachment A.
• Two (2) projects are potentially undeliverable due to current project status with environmental clearance activity and significant funding plan shortfalls.
Staff recommends the Commission approve and authorize a one-year time extension for the Measure BB capital projects identified on Tables 1 and 2 of Attachment A to permit project sponsors through December 31, 2024 to refine project scopes, secure environmental clearance approvals and a full funding plan. For projects identified on Table 2 of Attachment A, it is recommended the time extension is contingent on a condition that requires the Project Sponsor to return to the Commission by the date specified for each project with project status update and project delivery plan to assess the project deliverability, as further noted in the Attachment.
Additionally, staff recommends the Commission not approve time extensions for (2) two projects: I-580/I-680 Interchange Improvement Project (TEP-33) and I-880 NB HOV/HOT Extension from A Street to Hegenberger Project (TEP-36), as identified on Table 3 of Attachment A. Staff will return to the Commission in early 2024 with proposed strategies to reprogram Measure BB funds from these projects deemed undeliverable.
Complete project status details, including progress reporting during the 2023 calendar year, anticipated actions in the 2024 calendar year, and notable issues, can be found on Attachment A. Alameda CTC staff will continue to monitor the progress of the project sponsors and the delivery of the TEP projects.
The Commission will receive a TEP requirement compliance status update, including any considerations of additional time extension requests prior to December 31, 2024.
Commitments for projects that do not satisfy the requirements of the TEP may be recommended for reallocation in accordance with the provisions of the TEP.
Fiscal Impact: There are no fiscal impacts associated with the requested actions.
Attachments:
A. 2014 Transportation Expenditure Plan Investments Subject to Strict Project Deadline Requirement
B. 2014 Transportation Expenditure Plan List of Investments Time Extension Request: Extend time from December 31, 2023 to December 31, 2024 TEP
ID Sponsor Title
Total
Measure BB
Commitment
Total Allocation
To Date
Expended to
Date
Anticipated
Environmental
Approval Date
Full Funding
Plan Status
Progress Report
During 2023 Calendar Year
Anticipated Actions
During 2024 Calendar Year Issues/Notes
15 AC Transit Grand/MacArthur BRT $ 6,000,000 $ 97,000 $ 97,000 Fall 2025 Under Development
- Performing scoping to determine preferred alignment, and a defined scope that permits preliminary engineering and
environmental phases to proceed. This work is not funded under Measure BB (MBB).
- No new funding secured during this period.
- The selection of the preferred alternative, preparation of concept plans and environmental clearance will continue through 2024 and be completed in fall 2025.
- Regional Measure 3 (RM3) funding is anticipated to be leveraged against MBB.
- Future extensions are anticipated for this project as both environmental and the funding plan is under development through at least 2025.
- The follow-up planning study and the environmental phase would be funded with MBB funds.
22 Union City Union City Intermodal Station $ 75,000,000 $ 51,000 $ 51,000 Completed in 2006
Under
Development
- City of Union City proposes using $72M of TEP-22
funding for the Quarry Lakes Parkway (QLP), which would require a separate action by the Commission for a TEP
amendment and future programming actions..
- City of Union City and San Joaquin Regional Rail Commission (SJRRC) propose using $3M of TEP-22 funding to bring ACE services to Union City Intermodal Station (SoCo Rail), which will require a separate future action by the Commission.
- No new funding secured during this period.
- City of Union City has requested RM3 funding from MTC. - Candidate projects for TEP-22 funding will be identified and eligibility of QLP for TEP-22 funds will be determined. - SJRRC has submitted a request for a $3M allocation of Union City Intermodal Measure BB (TEP-22) funds that would support the environmental efforts for the Union City Intermodal Station, Phase 3 (SoCo Rail). A future action would be required by the Commission for the use of these funds.
- Preliminary engineering/environmental clearance efforts will begin in 2024.
- The City of Union City asserts he majority of the Union City BART station improvements are completed, and the City notes the $75M in TEP-22 are no longer needed for BART station improvements.
- The City has requested$72M of TEP-22 funds be earmarked to the East West Connector/ Quarry Lakes Parkway, and $3M be earmarked to the Union City Intermodal Station, Phase 3 (SoCo Rail).
- A TEP amendment will be required prior to any allocation consideration of MBB TEP-22 for Quarry Lakes Parkway. Certain elements of the QLP project is outside the TEP-22's eligible scope.
- The $3M for the SoCo Rail Project is eligible for TEP-22, and can be considered by the Commission in early 2024.
25 Capital Corridor
Joint Powers
Authority
(CCJPA)
Capitol Corridor Service Expansion $ 40,000,000 $ - $ - Fall/Winter 2024 Under Development
- Currently compiling and reviewing environmental impact analyses to release draft Environmental Impact Report (EIR) by the end of 2023.
- Environmental public outreach throughout 2024, and receiving certification of a final EIR by December 2024.
- Measure BB is planned for South Bay Connect, which is currently in the latter half of the Environmental phase - CCJPA has received state funding for the project and is expecting to request additional allocations from Transit and Intercity Rail Capacity Program (TIRCP) to support Final Design in 2024. CCJPA also expects to work with Caltrans and the Federal Railroad Administration on seeking additional federal funding for South Bay Connect via the federal Corridor
Identification Program in 2024 and beyond.
- Future extensions are anticipated for this project the funding plan is under development.
- $155.6M funding shortfall of $354M total project cost. - CCJPA will continue to monitor local, state, and federal grant opportunities to identify potential funding sources to close the Construction phase funding gap as the project progresses. 38 Hayward
I-880 Whipple Road/Industrial
Parkway Southwest Interchange
Improvements
$ 60,000,000 $ 10,800,000 $ 3,435,952 Completed in
2022
Under
Development
- No new funding secured for the project.
- Sponsor submitted a Senate Bill 1 (SB-1) Trade Corridor Enhancement Program (TCEP) application.
- Continue pursuit of funding opportunities and partnership coordination to fulfill viable funding plan.
- Local Alternative Transportation Improvement Program
(LATIP) funds will be pursued during 2024 in coordination with California Transportation Commission.
- TEP-38 is being implemented with TEP-39. Future extensions are anticipated for this project as the funding plan is under development.
- $116M funding shortfall of $220M total project cost. Sponsor notes challenges with securing funding for this project. 39 Hayward I-880 Industrial Parkway
Interchange Improvements $ 44,000,000 $ 10,700,000 $ 4,997,025 Completed in 2022
Under
Development
I-880 Industrial Parkway Interchange Improvements ('TEP-39 ) is being delivered with the I-880 Whipple Road/Industrial Parkway Southwest Interchange Improvements (TEP-38).
See TEP 38- notes for project status.
2014 Transportation Expenditure Plan (TEP)
Investments Subject to Strict Project Deadline Requirement Table 1: Projects Requesting Additional Time to Complete Environmental and Full Funding Plan Progress Reporting and Anticipated Actions
6.9A
TEP
ID Sponsor Title
Total
Measure BB
Commitment
Total Allocation
To Date
Expended to
Date
Anticipated
Environmental
Approval Date
Full Funding
Plan Status Conditional Requirement
14 Alameda Alameda to Fruitvale BART Rapid
Bus $ 9,000,000 $ 1,350,000 $ - Summer 2025 Under
Development
Upon completion of AC Transit's plan, and prior to September 30, 2024, Project Sponsor is required to provide an update to Alameda CTC with viable project delivery plan.
17 Fremont Irvington BART Station $ 120,000,000 $ 26,710,000 $ 18,086,614 Completed in 2006
Under
Development
Project Sponsor is required to provide project specific information to Alameda CTC prior to July 1, 2024 with project status update and a detailed project delivery plan.
Project sponsor must define a viable full funding plan for a project that is consistent with the TEP. This includes a funding strategy and agreed partnerships to deliver the project and pursue available funding.
30 Alameda CTC I-80 Ashby Interchange
Improvements $ 52,000,000 $ 18,000,000 $ 9,244,065 Early 2024 Under Development
Project Sponsor is required to provide project specific information to Alameda CTC by July 1, 2024 with project status update and a detailed project delivery plan.
Project sponsor must define a viable segment with a viable full funding plan for implementation.
TEP
ID Sponsor Title
Total
Measure BB
Commitment
Total Allocation
To Date
Expended to
Date
Anticipated
Environmental
Approval Date
Full Funding
Plan Status
33 Alameda CTC I-580/I-680 Interchange
Improvements $ 20,000,000 $ - $ -
TBD - Further project
development
required.
TBD - Further
project development
required.
36 Alameda CTC I-880 NB HOV/HOT Extension
from A Street to Hegenberger $ 20,000,000 $ - $ -
TBD - Further project
development
required.
TBD - Further
project development
required.
TEP
ID Sponsor Title
Total
Measure BB
Commitment
Total Allocation
To Date
Expended to
Date Project Status
Completed
MBB
Requirements
18 BART Bay Fair Connector/BART METRO $ 100,000,000 $ 40,935,000 $ 84,553 Rail Car Procurement in 2024
24 Oakland Oakland Broadway Corridor Transit $ 10,000,000 $ 5,400,000 $ 1,512,009 Design in 2024 37 Alameda CTC
I-880 Broadway/Jackson
Multimodal Transportation and
Circulation Improvements
$ 75,000,000 $ 25,321,000 $ 11,681,998 Design in 2024
13 AC Transit Telegraph Ave/East
14th/International Blvd Project $ 10,000,000 $ 10,000,000 $ 10,000,000 Project Complete 29 Alameda CTC I-80 Gilman Street Interchange
Improvements $ 24,000,000 $ 12,000,000 $ 11,892,416 In Construction - Complete by 2024
31 Alameda CTC SR-84/I-680 Interchange and SR84 Widening $ 122,000,000 $ 122,000,000 $ 43,457,922 In Construction -
Complete by 2025
32 Alameda CTC SR-84 Expressway Widening
(Pigeon Pass to Jack London) $ 10,000,000 $ 10,000,000 $ 9,983,090 Project Complete 35 Alameda CTC I-680 HOT/HOV Lane from SR237 to Alcosta $ 60,000,000 $ 60,000,000 $ 27,176,630 In Construction - Complete by 2025
TEP
ID Sponsor Title
Total
Measure BB
Commitment
Total Allocation
To Date
Expended to
Date
20 TVSJVRRA Valley Link Rail in Alameda County $ 400,000,000 $ - $ - Sponsor is completing the design phase which is funded with Measure BB and RM2 funds.
The project contains a significant funding shortfall of $168M funding shortfall against the $290M total project costs.
Sponsor has not submitted any applications in the past year. Sponsor has noted challenges finding funding opportunities and partnerships for funding available to transit operators. No new funding secured during this period.
Sponsor is currently completing environmental.
This project currently contains a significant $105M funding shortfall against $157M total project costs.
Sponsor is exploring funding opportunities to complete construction of a fundable project; which may include possible project segmentation to identify an initial usable segment that is consistent with the environmental document and can be funded. Possible segmentation may include separate components for an interchange modernization project and a pedestrian overcrossing.
Project Status
No environmental phase project delivery efforts have been initiated. Due to the significant project costs, and the lack of inclusion in required planning documents, MBB funds are proposed to be reprogrammed to improvements within the corridor. Alameda CTC will return to the Commission in early 2024 with a recommendation.
Table 5: Projects to Complete Environmental Clearance and Full Funding Plan by December 31, 2027
Table 2: Conditional Extension
Projects here are identified as having significant funding shortfalls and critical implementation issues.
In order to ensure deliverability, Project Sponsor is required to return to the Commission in 2024 with viable project delivery plan.
Notes:
1. Measure BB Commitments are dollar amounts identified for specifically named projects and discretionary capital programs.
2. Valley Link Rail in Alameda County Project was amended into the 2014 TEP in September 2020. New deadline is December 31, 2027.
3. Prospective Funding Plan Status - Under Development indicates Sponsor is identifying and securing prospective funding opportunities.
Project Status and Issues
Alameda CTC’s latest effort for this Project was completed on February 2008 for a Project Study Report-Project Development Study. No environmental phase project delivery efforts have begun since. Due to the significant costs of improvements to this interchange, and the lack of funding opportunities to fund this magnitude of a project, MBB funds are proposed to be reprogrammed within the interchange area and approaches. Alameda CTC will return to the Commission in early 2024 with a recommendation.
Met
Requirements by
December 31,
2022
Table 4: Projects Completed Environmental Clearance and Full Funding Plan Table 3: No Extension
Alameda CTC required to return to the Commission prior to March 30, 2024 with proposed strategies to use the TEP funds.
Met
Requirements by
December 31,
2023
Progress Reporting and Anticipated Actions
Progress Reporting and Anticipated Actions
Sponsor is coordinating with AC Transit, who is expected to complete a Realign Plan in 2024 that will identify bus operations throughout AC Transit's operational network.
This may result in a long-term delay in bus operations on Appezzato Parkway.
No new funding secured during this period.
2014 Transportation Expenditure Plan List of Investments TEP
ID Type Sponsor Title
Total
Measure BB
Commitment
01 DLD AC Transit Transit: Operations, Maintenance and Safety Program - AC Transit 02 DLD ACE Transit: Operations, Maintenance and Safety Program -ACE 03 DLD BART Transit: Operations, Maintenance and Safety Program -BART 04 DLD WETA Transit: Operations, Maintenance and Safety Program - WETA 05 DLD LAVTA Transit: Operations, Maintenance and Safety Program -LAVTA 06 DLD Union City Transit: Operations, Maintenance and Safety Program -UC Transit 07 Disc Various Transit: Operations, Maintenance and Safety Program- Innovative Grant Funds
08 Named Alameda CTC Affordable Student Transit Pass Program $ 15,000,000 09 DLD Various City-based and Locally Mandated Direct Allocations (paratransit) 10 DLD AC Transit East Bay Paratransit Consortium - AC Transit 11 DLD AC Transit East Bay Paratransit Consortium - BART 12 Disc Various Coordination and Service Grants (Paratransit) 13 Named AC Transit Telegraph Ave/East 14th/International Blvd Project $ 10,000,000 14 Named Alameda Alameda to Fruitvale BART Rapid Bus $ 9,000,000 15 Named AC Transit Grand/MacArthur BRT $ 6,000,000
16 Disc-Cap Oakland College/Broadway Corridor Transit Priority $ 10,000,000 17 Named Fremont Irvington BART Station $ 120,000,000
18 Named BART Bay Fair Connector/BART METRO $ 100,000,000 19 Disc-Cap BART BART Station Modernization and Capacity Program $ 90,000,000 20 Named TVSJVRRA Valley Link Rail in Alameda County $ 400,000,000 21 Disc-Cap Various Dumbarton Corridor Area Transportation Improvements $ 120,000,000 22 Named Union City Union City Intermodal Station $ 75,000,000 23 Disc-Cap Various Railroad Corridor Right of Way Preservation and Track Improvements $ 110,000,000 24 Named Oakland Oakland Broadway Corridor Transit $ 10,000,000 25 Named CCJPA Capitol Corridor Service Expansion $ 40,000,000 26 Disc-Cap Various Congestion Relief, Local Bridge Seismic Safety $ 639,000,000 27 Disc-Cap Various Countywide Freight Corridors $ 161,000,000
6.9B
2014 Transportation Expenditure Plan List of Investments TEP
ID Type Sponsor Title
Total
Measure BB
Commitment
28 DLD Various Local Streets Maintenance and Safety Program (DLD) 29 Named Alameda CTC I-80 Gilman Street Interchange Improvements $ 24,000,000 30 Named Alameda CTC I-80 Ashby Interchange Improvements $ 52,000,000 31 Named Alameda CTC SR-84/I-680 Interchange and SR-84 Widening $ 122,000,000 32 Named Alameda CTC SR-84 Expressway Widening (Pigeon Pass to Jack London) $ 10,000,000 33 Named Alameda CTC I-580/I-680 Interchange Improvements $ 20,000,000 34 Disc-Cap Various I-580 Local Interchange Improvement Program $ 28,000,000 35 Named Alameda CTC I-680 HOT/HOV Lane from SR-237 to Alcosta $ 60,000,000 36 Named Alameda CTC I-880 NB HOV/HOT Extension from A Street to Hegenberger $ 20,000,000 37 Named Alameda CTC I-880 Broadway/Jackson Multimodal Transportation and Circulation Improvements $ 75,000,000
38 Named Hayward I-880 Whipple Road/Industrial Parkway Southwest Interchange Improvements $ 60,000,000
39 Named Hayward I-880 Industrial Parkway Interchange Improvements $ 44,000,000 40 Disc-Cap Various I-880 Local Access and Safety Improvements $ 85,000,000 41 Disc Various Freight and Economic Development Program 42 Disc-Cap Various Gap Closure on Three Major Trails $ 264,000,000 43 DLD Various Bicycle and Pedestrian Direct Allocations to Cities and County 44 Disc Various Bicycle and Pedestrian Grant Program
45 Disc Various Community Investments That Improve Transit Connections to Jobs and Schools
46 Disc Various Technology, Innovation & Development Program Notes:
Shading Legend
= Shading indicates project is subject to the TEP Strict Project Deadline Requirements for Envinronmental Clearance and Full Funding Plan
1. Measure BB Commitments are dollar amounts identified for specifically named projects and discretionary capital programs.
2. Committments values which are shown as shaded within the table are percentage based revenues as prescribed in the 2014 TEP.