DATE:
October 22, 2024
CATEGORY:
Consent
DEPT.:
Public Works
TITLE: Bicycle/Pedestrian Improvements
(Shoreline Boulevard Pathway),
Project 21-37—Various Actions
RECOMMENDATION
1. Find that in accordance with the California Environmental Quality Act (CEQA) requirements, Shoreline Boulevard Pathway, Project 21 -37, is categorically exempt as Class 1, Existing Facilities, under CEQA Guidelines Section 15301.
2. Approve the removal and mitigation of 27 Heritage trees at a 2:1 tree replacement ratio with 24” box trees for Bicycle/Pedestrian Improvements (Shoreline Boulevard Pathway), Project 21-37.
3. Transfer and appropriate $375,000 from the CIP Reserve Fund to Bicycle/Pedestrian Improvements (Shoreline Boulevard Pathway), Project 21-37. (Five votes required)
4. Approve plans and specifications for Bicycle/Pedestrian Improvements (Shoreline Boulevard Pathway), Project 21-37, and authorize staff to advertise the project for bidding.
5. Authorize the City Manager or designee to award a construction contract to the lowest responsive responsible bidder if the bid is within the total project budget of $5,971,000.
BACKGROUND
The existing pathway on the east side of Shoreline Boulevard, from Wright Avenue to Villa Street (see Figure 1) , was constructed in 1970 and is in very poor condition due to aging asphalt and tree roots uplifting the pathway in various locations. The existing pathway also has steep longitudinal slopes that exceed the maximum -slope standards established by the most recent Americans with Disabilities Act (ADA) requirements (see Figures 2 and 3).
Bicycle/Pedestrian Improvements (Shoreline Boulevard Pathway), Project 21-37 –Various Actions October 22, 2024
Figure 1: Project Location
Bicycle/Pedestrian Improvements (Shoreline Boulevard Pathway), Project 21-37 –Various Actions October 22, 2024
Figure 2: Existing Poor Asphalt Figure 3: Existing Steep Slope Condition
In Fiscal Year 2014 -15, Shoreline Boulevard Pathway Improvements, Project 15 -32, was established to reconstruct the pathway from Wright Avenue to Villa Street and provide various improvements, including new curb, pathways, lighting, landscaping, irrigation, and retaining walls.
Since then, Council has taken several actions for the project, as shown in Table 1.
Table 1: Project History
Date Action/Milestone
July 8, 2014 Council authorized the filing of an application for funding assigned to the Metropolitan Transportation Commission and committing any necessary matching funds. The City was not successful in obtaining this grant funding.
Bicycle/Pedestrian Improvements (Shoreline Boulevard Pathway), Project 21-37 –Various Actions October 22, 2024
Date Action/Milestone
October 14, 2014
Council authorized a professional services agreement with BKF Engineers (BKF) in the amount of $215,000, and on June 26, 2018, authorized an amendment in the amount of $30,000, for a total contract amount of $245,000.
Project design was completed; however, the project did not proceed into construction due to the lack of funding and staffing resources. In 2019, Shoreline Boulevard Pathway Improvements, Project 15-32, was closed out and the remaining funds were unencumbered as part of the Fiscal Year 2019-20 Capital Improvement Program (CIP) approval to make funds available for other priority projects.
June 21, 2016 Council authorized staff to apply for the One Bay Area Grant Cycle 2 (OBAG 2) program funding in the amount of $1,996,000 from the Santa Clara Valley Transportation Authority (VTA). At that time, the project was ranked below the available OBAG funding line, and the City was initially not awarded an OBAG grant.
Due to another city relinquishing their OBAG 2 grant funding, on November 14, 2021, the VTA Board approved awarding
$1,996,000 to the City of Mountain View for construction of the project.
June 14, 2022 Council authorized a professional services agreement with BKF Engineers (BKF) in the amount of $210,000 to update the design, incorporate the improvements related to the Shoreline
Boulevard/Villa Street intersection and traffic signal project, and compile a new bid package.
ANALYSIS
The project will provide pathway improvements to accommodate access for all ages and abilities, for both cyclists and pedestrians. The project limits are from Villa Street (south limits) to Wright Avenue (north limits), and will include the following improvements (see Figure 4):
• Replace the existing pathway with a 10’ wide bicycle/pedestrian path that meets current ADA-accessibility requirements;
Bicycle/Pedestrian Improvements (Shoreline Boulevard Pathway), Project 21-37 –Various Actions October 22, 2024
• Install a new pathway connection to the recently constructed sidewalk on Central Expressway, including retaining walls and lighting;
• Construct stairs connecting two portions of the pathway, including a bicycle channel element as part of the stairs (the channel allows bicyclists to dismount and place the bicycle wheels in a smooth channel to move their bicycles up or down stairs without carrying the bicycle); and
• Plant 65 native species trees and enhance landscaping and irrigation.
Figure 4: Project Layout Map
Bicycle/Pedestrian Improvements (Shoreline Boulevard Pathway), Project 21-37 –Various Actions October 22, 2024
Bicycle/Pedestrian Advisory Committee
On September 28, 2022 , a project update was provided to the Bicycle/Pedestrian Advisory Committee (BPAC). The update identified existing conditions, project-scope elements, and next steps. The BPAC expressed their continued support of the project.
Urban Forestry Board
The reconstruction of the pathway to accommodate ADA requirements requires a new alignment, which will impact existing trees. The arborist and City staff evaluated the trees to be removed for potential transplant and recommended replacement over transplant for all of the impacted trees for the following reasons:
• All of the candidate trees are of a large size (greater than 10” in diameter) and are growing on steep slopes, making it difficult to capture an adequate root ball due to the size and site conditions; and
• Relocating the tree s to another sloped location for replanting may expose the tree s to instability and create the potential for falling ; replanting at a flat site may not result in a successful transplant due to the existing root-ball configuration.
On June 14, 2023, the project was presented to the Urban Forestry Board (UFB) , where they reviewed the landscaping plan identifying tree removals , native species replacement trees, and their respective planting locations (see Attachment 1). The UFB recommended Council approve the staff recommendation to mitigate the removal of 27 Heritage trees at a 2:1 ratio and the 11 non-Heritage trees at a 1:1 ratio, with 24” box native species trees within the project site.
Property Acquisitions and Additional Funding Needs
Caltrans administers the OBAG 2 federal grant, including overseeing the right -of-way (ROW) certification process needed as part of the grant, to demonstrate that the City controls the property where the project will be constructed. At the time of the original construction of the Shoreline Boulevard overpass in 1970, the County of Santa Clara (County) retained parcels of land that a portion of the pathway bisects. Per the grant requirements, Caltrans cannot issue the ROW certification or recommend approval of the project for construction without acquisition of the remnant parcels or a right-of-entry agreement.
Staff and the consultant evaluated alternative alignments but, due to the remnant parcels and pathway configurations, no feasible alignment was identified. Therefore, City staff contacted the County regarding acquiring or obtaining right -of-entry over the County’s remnant parcels as would be necessary in order to obtain the ROW certification and retain the grant. The County Bicycle/Pedestrian Improvements (Shoreline Boulevard Pathway), Project 21-37 –Various Actions October 22, 2024
determined that acquisition would be required. This acquisition process resulted in a delay in delivering the project.
Over the past year, staff has worked diligently with the County to meet the requirements to acquire the remnant parcels. This included the City developing the technical parcel documentation and obtaining title and appraisals. Staff tasked BKF with providing additional services for the technical documentation, and authorized the use of contingency and reallocated budget from construction support tasks to fulfill the immediate needs and keep the project progressing.
At their August 27, 2024 meeting, the County Board of Supervisors approved the sale of the remnant parcels to the City for $375,000 , and the parcels were transferred to the City on September 11, 2024. The associated documentation was transmitted to Caltrans, and on September 24, 2024, Caltrans approved the ROW certification submittal for the project, thus fully completing the grant documentation submittal. The total property acquisitions costs, including appraisals, property, and closing costs, were $407,000.
While it was possible to absorb some additional costs, t he original project budget did not contemplate property acquisitions and additional technical services needed for this effort. As a result, additional funding is needed in the amount of $375,000 to fully fund the construction and replenish the contingency and construction support services in the City’s agreement with BKF.
Next Steps
Staff expects Caltrans to complete their review of the grant documentation submittal by early 2025. The plans and specifications for the project are complete. If Council approves the recommended actions and Caltrans approves the grant documentation as anticipated , staff will advertise the project for construction. If a responsive responsible bid within the project budget is received, construction is anticipated to begin in June 2025 and be completed in early 2026.
Environmental Clearance
In accordance with the requirements of the California Environmental Quality Act (CEQA), staff has reviewed the scope of this project and determined that it meets the classification for categorically exempt as Class 1, Existing Facilities, pursuant to Article 19, Section 15301 (c), as it consists of reconstruction and alteration of an existing pedestrian and bicycle pathway . Staff recommends that Council make findings that, in accordance with the CEQA requirements, the project is categorically exempt as a Class 1, Existing Facilities, under CEQA Gui delines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) Section 15301(c).
Bicycle/Pedestrian Improvements (Shoreline Boulevard Pathway), Project 21-37 –Various Actions October 22, 2024
FISCAL IMPACT
Bicycle/Pedestrian Improvements (Shoreline Boulevard Pathway), Project 21 -37, is funded as shown in Table 1.
Table 1: Project Funding
Funding Source Amount
Transportation Reserve (Measure P) $2,200,000
OBAG 2 (grant) 1,996,000
Construction/Conveyance Tax 800,000
CIP Reserve 600,000
TOTAL $5,596,000
The estimated project costs are as follows:
Table 2: Project Cost
Construction with Contingency $4,650,000
Consultant Services 243,000
Project Management 47,000
Construction Inspection and Testing 260,000
Property Acquisitions 407,000
Subtotal $5,607,000
City Administration 364,000
TOTAL PROJECT COST ESTIMATE $5,971,000
PROJECT BUDGET
PROJECT BUDGET SHORTFALL
5,596,000
$ 375,000
The project budget shortfall is due to property acquisition costs and additional design services needed for the project. An increase in appropriations of $375,000 is requested to fully fund the project. Staff recommends additional appropriations of $375,000 from the CIP Reserve Fund to Bicycle/Pedestrian Improvements (Shoreline Boulevard P athway), Project 21 -37. There is sufficient funding in the CIP Reserve Fund for the recommended actions.
Bicycle/Pedestrian Improvements (Shoreline Boulevard Pathway), Project 21-37 –Various Actions October 22, 2024
If the recommended actions are approved, the project will be funded in a total amount of $5,971,000.
LEVINE ACT
California Government Code Section 84308 (also known as the Levine Act) prohibits city officials from participating in any proceeding involving a “license, permit, or other entitlement for use” if the official has received a campaign contribution exceeding $250 from a party, participant, or agent of a party or participant in the proceeding within the last 12 months. A city official is similarly prohibited from accepting, soliciting, or directing a campaign contribution exceeding $250 from a party, particip ant, or agent of a party or participant to any proceeding involving a license, permit, or other entitlement for use for 12 months after a final decision is rendered in said proceeding.
Please refer to the “X” in the checklist below for information about whether the recommended action for this agenda item is subject to or exempt from the Levine Act.
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
_x_ Competitively bid contract
___ Labor or personal employment contract
___ General policy and legislative actions
For more information about the Levine Act, please see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html.
CONCLUSION
The existing pathway on the east side of Shoreline Boulevard, from Wright Avenue to Villa Street, is in very poor condition and has steep longitudinal slopes exceeding the most recent ADA standards. To improve the condition for all users, the project will reconstruct the bicycle/pedestrian pathway and install a new connection to the recently constructed sidewalk on Central Expressway. The project incorporates feedback received from BPAC, the U FB, and the community. The project is partially funded by OBAG 2 grant funds. Property acquisitions were required to meet the grant requirements, expending project funds, and additional funding is requested to fully fund the project and amend the consultant agreement. The design is complete, and once clearance is granted by Caltrans, expected in early 2025, the project will be advertised Bicycle/Pedestrian Improvements (Shoreline Boulevard Pathway), Project 21-37 –Various Actions October 22, 2024
for construction. Construction is anticipated to begin in June 2025 and be completed in early 2026.
ALTERNATIVES
1. Do not authorize the appropriation of $375,000 from the CIP Reserve and direct staff to use another funding source.
2. Do not approve the removal and mitigation of 27 Heritage trees at a 2:1 replacement ratio with 24” box trees, and direct staff to provide a different replacement ratio or tree size.
3. Do not make environmental findings and approve plans and specifications, and direct staff to defer the project.
4. Provide other direction.
Bicycle/Pedestrian Improvements (Shoreline Boulevard Pathway), Project 21-37 –Various Actions October 22, 2024
PUBLIC NOTICING—Agenda posting.
Prepared by:
Kathryn Robertson
Associate Civil Engineer
Reviewed by:
Robert Gonzales
Principal Civil Engineer
Quynh Byrer
Acting Assistant Public Works Director/
City Engineer
Approved by:
Edward Arango
Acting Public Works Director
Audrey Seymour Ramberg
Assistant City Manager
KR/LL/1/CAM
952-10-22-24CR
204569
Attachment: 1. Tree Plan
cc: PWD(A), APWD(A) —Byrer, PCE —Gonzales, ACE —Robertson, PCE —Shah, SMA — Goedicke, SMA—Doan, File (21-37)