The Bernardo Avenue Railroad Undercrossing Project was initiated by the City in FY 2003/04, after being nominated to the Valley Transportation Authority Bicycle Expenditure Program (BEP) Tier 1 list by the VTA Bicycle and Pedestrian Advisory Committee, without City endorsement in 2000.  The City Council endorsed the project at its August 13, 2002 meeting as part of a biennial review of the Tier 1 Bicycle Expenditure Program (BEP) project, and subsequently included the project as a capital project in the 2003/04 Resource Allocation Plan.

The firm of HNTB Engineers was retained to prepare a feasibility report.  This report is now complete.  The study has determined that the project is feasible at a cost of $5.5 million to $6.5 million.  Information for the 2004 update was due September 23, 2004 and has been submitted pending Council consideration.  The VTA BEP process allows for Council consideration after a reasonable time of the submittal date.

Under the policies in place in 2002, the feasibility study information was to be considered during the 2004 biennial review to support full funding of the project.  Upon full funding, the City would have had five years to construct the project.  Over the course of the last year, the Metropolitan Transportation Commission has been developing its long range Regional Transportation Plan.  This plan identifies major transportation funding allocations throughout the Bay Area.  Under the draft Plan proposal, Santa Clara County is slated to receive an additional $30 million in funding for bicycle projects over the 25 year life of the Plan.  As a result, the VTA is dissolving the Tier 1 Program and developing a 25 year Program, with more flexibility in determining the timing of project implementation.

EXISTING POLICY

Land Use and Transportation Element R1.1, Advocate the City's interests to regional agencies that make land use and transportation system decisions that affect Sunnyvale.

Land Use and Transportation Element R1.2, Support coordinated regional transportation system planning and improvements.

Land Use and Transportation Element R1.3.1, Participate in intergovernmental activities related to regional and sub-regional land use and transportation planning in order to advance the City's interests.

Land Use and Transportation Element C3.7, Pursue local, state and federal transportation funding sources to finance City Transportation capital improvement projects consistent with City priorities.

Fiscal Sub-Element 7.B.4c, Utilize a uniform grants application process to assure that the City Council has the information necessary to make a decision regarding a potential intergovernmental grant.  Staff should present to Council an notice of intent regarding a possible grant source which shall include at least the following information:

1.         The grant being pursued and the use to which it would be placed.

2.         The objectives or goals of the City which will be achieved through use of the grant.

3.         The local match required, if any, plus the source of the local match.

4.         The increased cost to be locally funded upon termination of the grant.

5.         The ability of the City to administer the grant.

Fiscal Sub-Element 7.1B.4d; Pursue and use intergovernmental assistance for projects in the Ten-Year Capital Improvement Plan.

DISCUSSION

VTA Bicycle Expenditure Program

The VTA Bicycle Expenditure Program constitutes the “bicycle element” of the Valley Transportation Plan, as well as the fund program for VTA-funded bicycle projects.  The Program represents major regional bikeway improvement priorities, and allocates funding from a portion of Transportation Development Act, Transportation Fund for Clean Air, and State and Federal transportation funding sources for Santa Clara County.  The program has been in place for four years.  At its inception, candidate projects were split into Tier 1 (funded) and Tier 2 (high priority, eligible, unfunded) projects.  A total of $32 million was allocated to the Program. 

Tier 1 was intended for high priority, ready-to-go projects, and required certain progress milestones to be met.  The Bernardo project was first programmed into the BEP in 2000 and the City did not formally endorse the project until 2002.  Because the City did not initiate work on the Study following its initial programming in the BEP, the VTA de-funded the grant portion of the project and retained only City matching funding in the Tier 1 Program, with the understanding that the VTA would consider full project funding during the next biennial review should the City complete initial engineering and environmental feasibility work.  The City subsequently undertook the engineering and environmental feasibility study which is before the Council today.

Feasibility Study Findings

The Bernardo Avenue Bicycle Undercrossing Feasibility Study determines feasibility of the intended improvement and develops a basis of understanding and alternative analysis for future design, future environmental studies and permits necessary to construct a grade separation.  The study consultant conducted research of existing records of right-of-way, utilities and surrounding improvements and conducted preliminary surveying, base mapping, and geotechnical studies.   The consultant studied and developed four alternatives (alignment, grade and portal concepts) and analyzed their feasibility. An analysis of potential environmental issues and environmental reporting requirements was also completed.  Affected agencies and utilities were consulted with to determine special requirements, including the Peninsula Corridor Joint Powers Board (PCJPB), Santa Clara County Road Department and the City of Mountain View. The report provides an evaluation of preliminary costs associated with each alternative and then makes a recommendation of the most feasible alternative.

Attachment A is a summary evaluation of alternatives.  The report concludes that all four of the project alternatives studied in detail are feasible.  The cost of the project under any alternative is significantly more than originally proposed by the Valley Transportation Authority and the interface with railroad operations is a significant issue.  The initial VTA estimate of $1.1 million dollars total cost was not supported by any technical documentation and is not consistent with the cost of other recently constructed similar facilities.  Also, currently the PCJPB will allow only extremely limited work windows involving track closure or slowing of trains, or will require relocating (“shooflying”) the mainline to create work areas.  Both of these methods significantly increase cost.  The study concludes that the cost of a project will be between $5.5 million and $6.5 million.  Currently, the City has programmed $250,000 in matching funds.  A 20% match for a $6.5 million project would require an additional $1.05 million in City funds.  The City does not have sufficient funds in the 10 year Resource Allocation Plan to provide the required additional $1.05 million in matching funds without de-programming other projects. 

Next Steps

The City must provide certain project information and provide a schedule and budget update to the Bernardo Undercrossing Project if it is to remain a candidate for the BEP Program.  A previous requirement to initiate engineering and construction or risk being dropped by the Program is no longer in place, and the City can designate a time schedule within the 25 year horizon for the BEP.

The City does not have sufficient funds in the 10 year Resource Allocation Plan to provide the required additional $1.05 million in matching funds without de-programming other projects.  Therefore, staff is recommending that the project be planned for year 11 of the Resource Allocation Plan with respect to the BEP schedule.  This will retain the project as a Bicycle Expenditure Program priority for consideration for construction funding in 2016.  A project with revised project costs will be included in the upcoming capital projects prioritization process.  Should the Council elect to prioritize additional matching funds for the Bernardo project earlier than 2016 as part of the capital projects prioritization, the project can be re-submitted to the BEP as part of the next biennial review.

Alternatively, the City Council could elect to program additional funds to the project at the current time and request construction funding from the VTA earlier than 2016.  This would require projects of a value totaling $1.05 million to be de-programmed from the Resource Allocation Plan.

Other Considerations

Other factors are at play with respect to the Caltrain right of way that may facilitate project construction at a reduced cost or impact if the project is deferred.  Caltrain is considering a four track configuration as well as grade separation of the Mary Avenue railroad crossing.  Both of these improvements would impact the Bernardo location and may facilitate construction at a lower overall cost and a lower cost to the City.  Also, a bond for the proposed high speed rail system will be put forth to voters in 2006, which will include $2 billion for local improvements.  Caltrain may use these funds for four tracking or a Mary Avenue grade separation, which could include a Bernardo Undercrossing project.  Caltrain’s current policy emphasis on operations may be loosened in the future as well.   The agency is currently seeking to increase a stabilized ridership following the two-year period of weekend closures.  Therefore, on-time operations and elimination of construction-related delays is the agency’s current policy emphasis.  Should this be loosened in the future, relaxed operating policies would allow more favorable work windows, which could favor less costly construction methods and schedules.

FISCAL IMPACT

There is no direct fiscal impact to the City budget associated with the staff recommendation. If the staff recommendation is accepted by Council and approved by the VTA, the Bernardo Avenue Caltrain Under-crossing would be allocated $5.2 million in BEP funding in 2016 or later.  The City Council would need to consider allocation of local matching funds in the amount of $1.3 million at a future date.  Should the Council elect to pursue a project schedule sooner than 2016, then a Budget Modification would be necessary to de-fund other budgeted expenditures in the amount of $1.05 million.

CONCLUSION

The Bernardo Undercrossing Feasibility Study has determined that several project alternatives are feasible.  A project will cost significantly more than current budget allocations.  The VTA Bicycle Expenditure Program will provide 80% matching funds, and the City can request funding within a 25 year planning window.  The current City 10 Year Resource Allocation Plan does not contain sufficient reserves to provide the required 20% local match, but deferral until 2016 or later would still be eligible for VTA funding.  Construction prior to 2016 would require re-allocation of City budget resources.

PUBLIC CONTACT

This item was posted with the Council Agenda. Reports to Council are also available at the City Library and the City’s Web Site. The item was also brought to the Bicycle and Pedestrian Advisory Committee (BPAC) at their September 16, 2004 meeting.  The BPAC’s position is stated in the Recommendation section to follow.

ALTERNATIVES

1.     Direct staff to submit a project update for the VTA Bicycle Expenditure Program Tier 1 Bernardo Avenue Bicycle Undercrossing to reflect its updated cost and scope, and a schedule that defers construction to 2016 or beyond.

2.     Direct staff to include updated cost and scope information on the Bernardo Railroad Undercrossing Project in the 2005 Capital Budget process for prioritization against all other City capital needs.

3.     Direct staff not to submit any project update to the VTA, potentially forfeiting a funding increase for the Borregas Avenue Bicycle and Pedestrian Over-crossings.

4.     Direct staff to return to Council with a Budget Modification to reduce or eliminate funding for certain other capital projects currently programmed in the Ten Year Resource Allocation Plan and submit cost, scope and schedule information to the VTA reflecting a project construction schedule sooner than 2016.

RECOMMENDATION

Staff recommends Alternatives #1 and # 2: 1) Direct staff to submit a project update for the VTA Bicycle Expenditure Program Tier 1 Bernardo Avenue Bicycle Undercrossing to reflect its updated cost and scope, and a schedule that defers construction to 2016 or beyond; and 2) Direct staff to include updated cost and scope information on the Bernardo Railroad Undercrossing Project in the 2005 Capital Budget process for prioritization against all other City capital needs.

The City does not have sufficient funds in the 10 year Resource Allocation Plan to provide the required additional $1.05 million in matching funds without de-programming other projects.  Therefore, staff is recommending that the project be planned for year 11 of the Resource Allocation Plan with respect to the BEP schedule.  This will retain the project as a Bicycle Expenditure Program priority for consideration for construction funding in 2016.

Bicycle and Pedestrian Advisory Committee Recommendation

The Bicycle and Pedestrian Advisory Committee considered the draft feasibility study at its September 16, 2004 meeting.  The Committee moved to wholeheartedly endorse the Bernardo Avenue Bicycle and Pedestrian Caltrain Undercrossing and encourage staff to pursue all possible funding to complete the project.  The Committee discussed the issue of deferring the project and understood that coordination with future planned Caltrain improvements could be advantageous to the City.  The BPAC did not recommend any re-distribution of current capital project priorities in order to pursue the Bernardo project at

this time.

Reviewed by:

Marvin A. Rose
Director of Public Works

Prepared by:

Jack Witthaus
Transportation and Traffic Manager

Approved by:

Amy Chan
City Manager 

Attachments:

A. Summary of Alternatives (pdf format)