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HomeMy WebLinkAboutCC_2015-09-22_Agenda Packet CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, September 22, 2015 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Entrance on Lewis Ave.) CITY COUNCIL CLOSED SESSION: 5:00 P.M. 1. CLOSED SESSION -- PUBLIC COMMENT 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6) Agency designated representatives: Rachelle Rickard, City Manager Employee Organizations: Atascadero Firefighters Bargaining Unit; Atascadero Police Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non- Represented Professional and Management Workers and Confidential Employees 4. CLOSED SESSION -- ADJOURNMENT City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. Successor Agency to the Community Redevelopment Agency of Atascadero: Immediately following the City Council Regular Session 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION – REPORT REGULAR SESSION – CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Mayor O’Malley ROLL CALL: Mayor O’Malley Mayor Pro Tem Moreno Council Member Fonzi Council Member Kelley Council Member Sturtevant APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Employee Service Recognition Awards 2. North County Connection Recovery Month Proclamation 3. Fire Prevention Week Proclamation 4. Presentation by Peter Williamson of SLO Regional Rideshare A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken. DRAFT MINUTES: Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes. Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council. If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting.) 1. City Council Draft Action Minutes – September 8, 2015  Recommendation: Council approve the City Council Draft Action Minutes of the September 8, 2015 City Council meeting. [City Clerk] 2. County Health Officer  Fiscal Impact: None.  Recommendation: City Council adopt the Draft Resolution confirming the Council’s consent to the enforcement of all health laws within the City of Atascadero by the San Luis Obispo County Health Officer. [City Manager] 3. Muni Temps Contract Extension  Fiscal Impact: Approximately $23,000 of General Funds.  Recommendation: Council authorize the City Manager to execute a change order in the amount of $23,000 with MuniTemps to provide contract services for an Interim Community Development Director through September 25, 2015 [City Manager] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. Comments made during Community Forum will not be a subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. Any members of the public who have questions or need information, may contact the City Clerk’s Office, between the hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson@atascadero.org.) B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: 1. Professional Engineering and Environmental Services for the Phase 2 of the Del Rio Road / US 101 Interchange Project  Fiscal Impact: The fiscal impact of the item under consideration is estimated at $798,500 in budgeted circulation impact fee over the next 18 months. The current budget has $450,000 programmed for FY2015/2016 and another $500,000 for FY2016/2017.  Recommendation: Council: 1. Authorize the City Manager to execute a contract with Wallace Group to provide professional engineering and environmental services for the Project Approval and Environmental Document (PAED) phase of the Del Rio Road / US 101 Interchange Project for fee not to exceed $798,500; and, 2. Authorize the City Manager to execute a new or amended Cooperative Agreement with Caltrans for the PAED phase of the Del Rio Road / US 101 Interchange Project. COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O’Malley 1. City / Schools Committee 2. County Mayors Round Table 3. Integrated Waste Management Authority (IWMA) 4. SLO Council of Governments (SLOCOG) 5. SLO Regional Transit Authority (RTA) Mayor Pro Tem Moreno 1. California Joint Powers Insurance Authority (CJPIA) Board 2. City of Atascadero Finance Committee (Chair) 3. Economic Vitality Corporation, Board of Directors (EVC) Council Member Fonzi 1. Air Pollution Control District 2. Oversight Board for Successor Agency to the Community Redevelopment Agency of Atascadero 3. SLO Local Agency Formation Commission (LAFCo) 4. City of Atascadero Design Review Committee 5. SLO County Water Resources Advisory Committee (WRAC) 6. Water Issues Liaison Council Member Kelley 1. Atascadero State Hospital Advisory Committee 2. City of Atascadero Design Review Committee 3. Homeless Services Oversight Council 4. City of Atascadero Finance Committee Council Member Sturtevant 1. City / Schools Committee 2. League of California Cities – Council Liaison E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURN Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and availabl e for review in the City Clerk's office. I, Lisa Cava, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the notice of addendum to the agenda for the September 22, 2015 Regular Session of the Atascadero City Council was posted on September 15, 2015, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 15th day of September, 2015, at Atascadero, California. Lisa Cava, Deputy City Clerk City of Atascadero City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. Council meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback. Charter Communication customers may view the meeting s on Charter Cable Channel 20 or via the City’s website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more information (470-3400). Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office . In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the Council to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Mayor and Council. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the pub lic comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 3 minutes The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. ITEM NUMBER: A - 1 DATE: 09/22/15 CITY OF ATASCADERO CITY COUNCIL DRAFT MINUTES Tuesday, September 8, 2015 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California CITY COUNCIL CLOSED SESSION: 5:00 P.M. Mayor O’Malley announced at 5:02 p.m. that the Council is going into Closed Session. 1. CLOSED SESSION -- PUBLIC COMMENT - None 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Labor Negotiators (Govt. Code Sec. 54957.6) Agency designated representatives: Rachelle Rickard, City Manager Employee Organizations: Atascadero Firefighters Bargaining Unit; Atascadero Police Association; Service Employees International Union, Local 620; Mid-Management/Professional Employees; Non- Represented Professional and Management Workers and Confidential Employees City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. Atascadero City Council Seoptember 8, 2015 Page 2 of 8 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION – REPORT The City Attorney reported that there was no reportable action. REGULAR SESSION – CALL TO ORDER: 6:00 P.M. Mayor O’Malley called the meeting to order at 6:03 p.m. and Council Member Sturtevant led the Pledge of Allegiance. ROLL CALL: Present: Council Members Kelley, Fonzi, Sturtevant, Mayor Pro Tem Moreno, and Mayor O’Malley Absent: None Others Present: City Clerk / Deputy City Manager Marcia McClure Torgerson Staff Present: City Manager Rachelle Rickard, Deputy Administrative Services Director Cindy Chavez, Interim Community Development Director Gary Broad, Public Works Director Nick DeBar, Police Chief Jerel Haley, Fire Marshall Tom Peterson, and City Attorney Brian Pierik. APPROVAL OF AGENDA: MOTION: By Council Member Sturtevant and seconded by Mayor Pro Tem Moreno to approve the agenda. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: 1. Proclamation Recognizing September 24-27, 2015 as Sunset SAVOR the Central Coast Week. The City Council presented the Proclamation to Ms. Jordan Carson. Atascadero City Council Seoptember 8, 2015 Page 3 of 8 A. CONSENT CALENDAR: 1. City Council Draft Action Minutes – August 11, 2015  Recommendation: Council approve the City Council Draft Action Minutes of the August 11, 2015. [City Clerk] 2. July 2015 Accounts Payable and Payroll  Fiscal Impact: $4,384,684.98  Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for July 2015. [Administrative Services] 3. June 2015 Investment Report  Fiscal Impact: None.  Recommendation: Council receive and file the City Treasurer’s report for quarter ending June 2015. [Administrative Services/City Treasurer] 4. Purchase of New Self-Contained Breathing Apparatus (SCBA)  Fiscal Impact: This purchase will result in the expenditure of $307,951.87 of budgeted Vehicle and Equipment Replacement Funds.  Recommendation: Council authorize City staff to purchase the MSA G-1 SCBA’s from Bauer Compressors for $307,951.87. [Fire] 5. Salaries and Health, Welfare and Retirement Benefits for Mayor, City Council Members, City Clerk and City Treasurer  Fiscal Impact: There will be a fiscal impact to increase compensation for elected officials. Costs will vary based on the dental and vision coverage selected by each individual elected official. The estimated cost is $25,700 - $32,400 annual cost increase.  Recommendation: Council adopt on second reading by title only, Draft Ordinance A, amending Title 2 of the Atascadero Municipal Code concerning Mayor, City Council, City Clerk and City Treasurer salaries and health, welfare and retirement benefits for elected officials. [City Attorney] 6. Confirm the Appointment of the Director of Community Development  Fiscal Impact: The Director of Community Development starting annual salary of $111,478 is included in the Community Development budget for fiscal year 2015-2016.  Recommendation: Council concur and confirm the appointment of Philip Dunsmore as Director of Community Development. [City Manager] Mayor Pro Tem Moreno pulled Item #A-1. Mayor O’Malley pulled Item #A-6. Atascadero City Council Seoptember 8, 2015 Page 4 of 8 MOTION: By Council Member Fonzi and seconded by Council Member Sturtevant to approve item #A-2, 3, and 4 of the Consent Calendar. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member Fonzi and seconded by Council Member Sturtevant to approve Item #5 of the Consent Calendar. Motion passed 4:1 by a roll-call vote. (Kelley opposed) (Ordinance No. 591) Item #A-1: Mayor Pro Tem Moreno asked for an addition to the August 11, 2015 minutes, to include the response from the Waste Management representative stating their willingness to continue to have discussions on the Buy Back Center options. City Clerk Torgerson read the following addition into the record: City Attorney Pierik read from the staff report, “The contract further indicated that the proposed resolution would be brought back to the City Council for approval by August 15, 2015.” He stated that given their willingness to continue to have discussions on this issue, he would recommend the Council request they submit a letter to the City agreeing to extend the date to a mutually agreed upon date. Waste Management representative Liz Gomes stated, “We can take t hat back to our company VP and I’m sure he would be willing to, a letter would come from us, that we are willing to extend the contract date of August 15th.” Mayor Pro Tem Moreno asked that the City Clerk add for clarification that it is Waste Management that was willing to continue to have discussions on this issue. MOTION: By Mayor Pro Tem Moreno and seconded by Council Member Fonzi to approve Item #A-1 of the Consent Calendar, as amended. Motion passed 5:0 by a voice vote. Item #A-6: Mayor O’Malley introduced new employee Phil Dunsmore. MOTION: By Mayor O’Malley and seconded by Council Member Fonzi to approve Item #A-6 of the Consent Calendar. Motion passed 5:0 by a roll-call vote. UPDATES FROM THE CITY MANAGER: City Manager Rachelle Rickard gave an update on projects and issues within the City. Atascadero City Council Seoptember 8, 2015 Page 5 of 8 COMMUNITY FORUM: The following citizens spoke during Community Forum: Ron Alsop, Linda Hendy, Janelle Allen, and Sara Sullivan. Mayor O’Malley closed the COMMUNITY FORUM period. B. PUBLIC HEARINGS: None C. MANAGEMENT REPORTS: 1. Water Conservation Update for Municipal Parks and Facilities  Fiscal Impact: None.  Recommendation: Council endorse the City’s water conservation efforts for its parks and facilities. [Public Works] Public Works Director Nick DeBar gave the staff report and answered questions from the Council. PUBLIC COMMENT: None MOTION: By Council Member Fonzi and seconded by Council Member Sturtevant to endorse the City’s water conservation efforts for its parks and facilities. Motion passed 5:0 by a roll-call vote. 2. Draft Resolution Amending the Parking Infraction Penalties  Fiscal Impact: There is no expected expenditure of City funds related to the adoption of the parking bail schedule. If approved, there would likely be a slight increase in the revenue generated from fines collected for parking infractions.  Recommendation: Council adopt the Draft Resolution amending the Parking Violation Bail Schedule and setting the penalties for parking law offenses. [Police] Police Chief Jerel Haley gave the staff report and answered questions from the Council. PUBLIC COMMENT: None Atascadero City Council Seoptember 8, 2015 Page 6 of 8 MOTION: By Council Member Kelley and seconded by Council Member Sturtevant to adopt the Draft Resolution amending the Parking Violation Bail Schedule, including the one correction on the exhibit to the Resolution that Wrong Way Parking should be $55.00, and setting the penalties for parking law offenses. Motion passed 5:0 by a roll-call vote. (Resolution No. 2015- 076) Mayor O’Malley recessed the meeting at 7:42 p.m. Mayor O’Malley reconvened the meeting at 7:51 p.m. COUNCIL ANNOUNCEMENTS AND REPORTS: 1. Mayor O’Malley & Council Member Fonzi Mayor O’Malley and Council Member Fonzi would like the City Council to: a. Discuss a potential City policy regarding project CC&Rs and amendments to project CC&Rs. b. Direct staff whether or not to place this issue on a future Council agenda. Mayor O’Malley stated that the City Council has received correspondence concerning the CC&Rs for a project that was approved 20 years ago. He explained that he and Council Member Fonzi felt that they wanted more public process, and would like to discuss the issue in depth. If there is Council consensus, this issue could be scheduled on a future Council agenda for full review. Mayor O’Malley asked the City Attorney to give some background on this issue and explain the City’s role in project CC&Rs. City Attorney Pierik explained the project that Mayor O’Malley referred to is the 3F Meadows Ranch development project. This project was approved by the City Council in 1995 with the adoption of Ordinance No. 286, which created PD1 1 and included Conditions of Approval. The CC&Rs include an amendment process that is to be followed by the involved parties. The CC&Rs require that any amendments to the CC&Rs, that would affect the Conditions of Approval that were granted by the City, must be approved by the City to assure it is consistent with the Conditions of Approval. Council Member Fonzi stated that she has talked with several property owners of Oak Ridge Estates, and the issue of their concerns could also happen with other developments with CC&Rs. After 20 years, the developer still owns a majority of the parcels making him the majority holder. She explained that she would like to see the process of City approval for CC&R amendments conducted in a more public process. Atascadero City Council Seoptember 8, 2015 Page 7 of 8 PUBLIC COMMENT: The following citizens spoke on this item: Bruce Miller, Greg Munakata, and John Whitworth. Mayor O’Malley closed the Public Comment period. MOTION: By Council Member Fonzi and seconded by Mayor O’Malley to direct staff to bring back to a future Council agenda, options available to the Council concerning project CC&Rs. Motion passed 5:0 by a roll-call vote. Council Member Fonzi announced that the City Council received an invitation to an Eagle Scout ceremony and wanted to know if City staff could prepare a letter of congratulations from the Council to send to the Eagle Scout. Mayor O’Malley asked Staff to prepare a letter from the Council to the Eagle Scout, with all Council Members’ signatures. D. COMMITTEE REPORTS: Mayor O’Malley 1. City / Schools Committee – He plans on recommending partnering with the School District on a Bike Plan. 2. County Mayors Round Table – Met last week. Arroyo Grande Police Chief spoke to the Mayors on Active Shooter Preparedness Training. 3. Integrated Waste Management Authority (IWMA) – Meet tomorrow. 4. SLO Council of Governments (SLOCOG) – State continues to impact transportation funding. 5. SLO Regional Transit Authority (RTA) – Reviewing Bus ticket sales locations. Council Member Fonzi 1. SLO Local Agency Formation Commission (LAFCo) – Meeting next Thursday, and will be discussing the Paso Robles Groundwater Basin. 2. Water Resources Advisory Committee (WRAC) – Attended her first meeting with WRAC. They discussed the desalinization proposal at Diablo Canyon. They also discussed nuclear desal water. Council Member Sturtevant 1. City / Schools Committee – He stated that he was unable to attend the last meeting. He asked if an alternate could be appointed for this Committee in case one of the two Council Members on the Committee are unable to attend. Atascadero City Council Seoptember 8, 2015 Page 8 of 8 Mayor O’Malley stated that he appoints Mayor Pro Tem Moreno to be the alternate for the City / Schools Committee. E. INDIVIDUAL DETERMINATION AND / OR ACTION: None F. ADJOURNMENT Mayor O’Malley adjourned the meeting at 9:07 p.m. MINUTES PREPARED BY: ______________________________________ Marcia McClure Torgerson, C.M.C. City Clerk / Deputy City Manager The following exhibit is available for review in the City Clerk’s office: Exhibit A – Amendment to Item #A-1, submitted by the City Clerk ITEM NUMBER: A - 2 DATE: 09/22/15 Atascadero City Council Staff Report – City Manager’s Office Designate the County Health Officer to Enforce All Health Laws Within the City of Atascadero RECOMMENDATION: City Council adopt the Draft Resolution confirming the Council’s consent to the enforcement of all health laws within the City of Atascadero by the San Luis Obispo County Health Officer. DISCUSSION: State law requires every city to either appoint a local health officer or to make arrangements with the County to exercise the required powers and duties of a health officer. The County recently researched their records on the designation of the County Health Officer for the cities in the County. They found that the City of Atascadero did not have an up to date designation for the County Health Officer to act as the City’s health officer. In 1982, the Atascadero City Council had entered into an agreement with the County of San Luis Obispo for Performance of City Health Functions. This agreement had terminated in 1987. Since that time, the County’s Health Officer has continued to be on call as Atascadero’s Health Officer, as needed. The County is asking the Atascadero City Council to formalize the arrangement with the County regarding a Health Officer since our mutual agreement terminated in 1987, by adopting a Resolution confirming its consent to the enforcement of all health laws within the City by the San Luis Obispo County Health Officer. City staff believes jurisdiction over emergency medical services (EMS) or 911 emergency assistance services is outside the scope of the consent to a County Health Officer. The proposed Resolution is written to indicate that the City’s consent does not include consent over existing EMS or 911 emergency assistance services to clarify the scope of the consent. ITEM NUMBER: A - 2 DATE: 09/22/15 FISCAL IMPACT: None. ALTERNATIVES: The Council may decide to not adopt the Resolution. This is not advisable as it would make the City in violation of State law unless the City hired a Health Officer. ATTACHMENTS: Draft Resolution ITEM NUMBER: A - 2 DATE: 09/22/15 DRAFT RESOLUTION RESOLUTION OF THE CITY OF ATASCADERO CONFIRMING ITS CONSENT TO THE ENFORCEMENT OF ALL HEALTH LAWS WITHIN THE CITY OF ATASCADERO BY THE SAN LUIS OBISPO COUNTY HEALTH OFFICER WHEREAS, California Health & Safety Code Section 101460 requires a city to appoint a health officer, except when the City Council has made arrangements for the county to exercise the same powers and duties within the city as are conferred upon city health officers by law; and WHEREAS, California Health & Safety Code Section 101375 authorizes the City Council to consent by resolution or ordinance for the county health officer to enforce and observe in the city all of the following: (a) orders and quarantine regulations prescribed by the California Department of Public Health and other regulations issued under the California Health & Safety Code; and (b) all statutes relating to the public health. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATASCADERO: SECTION 1. The City of Atascadero hereby confirms its consent to allow the Health Officer of San Luis Obispo County to enforce and observe in the City of Atascadero all of the following as provided for in California Health & Safety Code §101375: (a) orders and quarantine regulations prescribed by the California Department of Public Health and other regulations issued under the California Health & Safety Code; and (b) all statutes relating to the public health. SECTION 2. The provision of emergency medical services pursuant to California Health & Safety Code Sections 1797 et seq. is not an order, regulation, or public health-related statute under California Health & Safety Code Section 101375 within the enforcement authority of the County Health Officer. The provision of emergency aid or assistance pursuant to California Government Code Sections 53100 et seq. is not an order, regulation, or public health- related statute under California Health & Safety Code Section 101375 within the enforcement authority of the County Health Officer. The City of Atascadero does not consent to allow the Health Officer of San Luis Obispo County to enforce or coordinate emergency medical services or emergency aid or assistance as defined in this Section 2. ITEM NUMBER: A - 2 DATE: 09/22/15 Adopted by the City Council at a regular meeting held on ____________________, 2015, by the following vote: AYES: NOES: ABSTAIN ABSENT: ATEST: _____________________________ ________________________________ Marcia McClure Torgerson, C.M.C. Tom O’Malley City Clerk Mayor APPROVED AS TO FORM: _____________________________ Brian A. Pierik City Attorney ITEM NUMBER: A - 3 DATE: 09/22/15 Atascadero City Council Staff Report – City Manager’s Office Extend Contract with MuniTemps For the Services of Interim Community Development Director RECOMMENDATION: Council authorize the City Manager to execute a change order in the amount of $23,000 with MuniTemps to provide contract services for an Interim Community Development Director through September 25, 2015. DISCUSSION: MuniTemps is a management and administrative services provider that provides highly qualified personnel, among other professional services, to public sector agencies. MuniTemps is an independent contractor that provides all salaries, benefits, insurance, liability coverage and taxes of the employees; the people working for or at the direction of Muni-Temps are employees or agents of Muni-Temps and are not employed by the City. Upon the departure of Warren Frace, the City’s former Director of Community Development, the City Manager executed an agreement with MuniTemps to provide temporary employment services for an Interim Community Development Director. From February to June, 2015, Muni-Temps provided the City with the services of Robert Lewis to lead the Community Development Department on an interim basis. Robert Lewis left the City to take another job in early June. As the recruitment process was underway, it was anticipated that a new Community Development Director would start in early August. Through MuniTemps, Gary Broad was selected to fill the Interim Community Development Director position. The recruitment process has been completed and the new Director of Community Development is scheduled to begin working September 28, 2015. ITEM NUMBER: A - 3 DATE: 09/22/15 Staff recommends that the City Council authorize the City Manager to execute a change order with MuniTemps to provide contract services for an Interim Community Development Director through September 25, 2015. FISCAL IMPACT: The fiscal impact of the extension of the agreement for service for an additional six weeks is estimated to be $23,000 of General Funds. The cost of the proposed contracted services is offset by the payroll cost savings of the open position of Director of Community Development. ALTERNATIVES: Council may elect to not authorize the City Manager to extend the existing agreement. ATTACHMENTS: None ITEM NUMBER: C - 1 DATE: 09/22/15 Atascadero City Council Staff Report - Public Works Department Professional Engineering and Environmental Services for Phase 2 of the Del Rio Road / US 101 Interchange Project RECOMMENDATIONS: Council: 1. Authorize the City Manager to execute a contract with Wallace Group to provide professional engineering and environmental services for the Project Approval and Environmental Documentation (PAED) phase of the Del Rio Road / US 101 Interchange Project for fee not to exceed $798,500; and, 2. Authorize the City Manager to execute a new or amended Cooperative Agreement with Caltrans for the PAED phase of the Del Rio Road / US 101 Interchange Project. REPORT-IN-BRIEF: It has been a while since a written update has been provided to the City Council on the progress of the Del Rio Road/US 101 Interchange Project. The City’s consultant, Wallace Group, is nearing completion of the first of four Caltrans project development phases; authorization is required to begin the next phase of the Caltrans approval process. In addition, the San Luis Obispo Council of Governments (SLOCOG) has been made aware of state and federal funding decreases for regional transportation projects for FY2016-2020. This report discusses current and future funding opportunities and the recommendations for pursuing completion of the interchange project design. DISCUSSION: Background: During the review phase for the Walmart/Del Rio Marketplace Project in 2008, the City analyzed the project’s impact on the Del Rio Road/US 101 Interchange. A traffic analysis study performed by the City’s traffic consultant (W -Trans) indicated the traffic capacity of the interchange would need to be expanded to accommodate the ITEM NUMBER: C - 1 DATE: 09/22/15 Walmart/Del Rio Marketplace project at build out. The study analyzed options to increase capacity and recommended roundabouts at the ramp intersections based upon future performance and cost analysis. The Walmart/Del Rio Marketplace project Environmental Impact Report (EIR) evaluated other traffic impacts that would re sult from the developments and found the current interchange configuration could accommodate the Walmart development but would need to be improved to the roundabout configuration before any permit issuance for the Del Rio Marketplace development. The study also determined that 53% of the projected traffic generated at the interchange would be generated by the Walmart and Del Rio Marketplace projects, while 47% of the traffic would be generated by other, future development. The Walmart and Del Rio Marketplace developments were conditioned to pay their fair share (53% of the estimated interchange roundabout costs) through traffic impact fees. These impact fees were calculated based upon a cost estimate of $4.5 million at time of conditional approval (March 2012). This estimate was reviewed by several engineers and seemed on par with other estimates and other actual costs for similar roundabout projects provided to the City at that time. In addition to these special roundabout mitigation fees, both Walmart and the Del Rio Marketplace were further conditioned to pay the City’s Standard Traffic Impact Fees (TIF) and to pay a maximum of $200,000 each toward cost overruns if necessary. Overall, the Walmart and Del Rio Marketplace are conditioned to pay about $5.3 million in TIF to the City. This averages to about $20.66 per square foot in Traffic Impact Fees. In addition to the TIF, the projects are also responsible for constructing a third roundabout at El Camino Real (ECR)/Del Rio Road, installing a new signal light at ECR and San Anselmo Road, improving a half -mile of ECR as a 4-lane arterial, improving 1,000 feet of Del Rio Road, and installing amenities such as an enhanced transit stop, Class II bike lanes, street landscaping and sidewalks. ITEM NUMBER: C - 1 DATE: 09/22/15 The City began the Caltrans process for the Del Rio Road/US 101 Interchange Project in November 2012 when Wallace Group was hired to perform the Project Initiation Document (PID) phase for $562,400. This first phase involves preliminary engineering and initial environmental work that evaluates project components such as design alternatives, scoping, drainage, right-of-way, risks, schedule, funding, and costs in accordance with Caltrans policies and guidelines. An Interchange Control Evaluation (ICE) is required to confirm the type of intersection control to be used, and a Preliminary Environmental Analysis Report (PEAR) documents the project purpose/need, anticipated environmental technical studies and the type of environmental clearance document needed in the next phase as well as permits needed. The work in this phase was scoped to deliver a Project Study Report-Project Development Support (PSR-PDS) process that Caltrans needs to approve before moving to the oversight and processing of the next phase, Project Approval and Environmental Documentation (PAED). Once approved, the PSR-PDS allows non-local funding for Caltrans oversight to be programmed through the next phase. A summary of the Caltrans project delivery process is shown as follows: ITEM NUMBER: C - 1 DATE: 09/22/15 Wallace developed an updated current dollar project cost estimate of approximately $12 million for the interchange project as part of the PID phase. This estimate was broken down into approximately $9 million for construction and right of way costs and $3 million for other “soft” costs such as planning, environmental documentation, final design, construction management, etc. This estimate was significantly higher than the $4.5 million provided at the time of conditional approval. The major contributing factors to the higher construction costs were related to increases in soil import, land acquisition (right-of-way), construction contingencies, and the project addition of widening the bridge to accommodate sidewalk improvements . Also, the $4.5 million estimate seems to underestimate appropriate “soft” costs required to deliver a project through the Caltrans project development process. This discrepancy in the cost estimate was discussed with the City Council at their September 23, 2014 meeting. Funding for the interchange project was also discussed at the September 23, 2014 meeting. The $5.3 million to be collected in Traffic Impact Fees was originally anticipated to go toward fully funding both the Walmart/Del Rio Marketplace share (53%) of the estimated $4.5 million interchange improvements, but also the portion attributed to future development. In September of 2014, with the new cost estimate of $12 million, it was clear that the City would have to look for additional funding to fund the City’s (future development’s) fair share of the interchange improvements. (Walmart and Del Rio Marketplace have preliminarily indicated that they would be willing to contribute fill dirt to the interchange project, valued at an estimated $1 million. This ITEM NUMBER: C - 1 DATE: 09/22/15 brings the estimated total contribution toward the interchange project to approximately $6.3 million or 53% of the $12 million total estimated cost.) Staff and Council discussed other potential funding opportunities and the interchange project’s merits to secure additional funding for the City’s share during the next round of SLOCOG Regional Transportation Improvement Plan (RTIP) funding solicitation - scheduled for December 2015. Given the local and regional significance to reduce both vehicle miles traveled (VMT) and greenhouse gas (GHG) emissions, coupled with local matching funds, the interchange project could be very competitive for RTIP funding. The following cost sharing scenarios for various funding levels were discussed at the September 23, 2014 meeting: Staff was directed by the City Council to continue moving the interchange project forward through the PID phase while working with SLOCOG on additional funding opportunities. After the September, 2014, Wallace Group continued the PSR-PDS development and coordination with Caltrans District 5 staff . Caltrans is required to assess the viability of proposed projects and available funding before expending oversight staff time. The funding shortfall was a known issue and a funding source needed to be identified before processing could continue. The project had not been initiated with other than local funds envisioned for the whole of the project through construction. It had now been determined that other funding sources were also needed. Instead of submitting a PSR-PDS that would not be reviewed due to the established funding shortfall, Wallace Group began working closely with SLOCOG to assess regional funding options and if possible get the project considered for the Regional Transportation Plan (RTP). At that time the US101 Corridor Mobility Master Plan Study was underway that was intended to inform and guide project considerations into the renewal of the RTP. City and Wallace Group staff participated in the process and SLOCOG approved the project as a financially constrained (or realistically fundable) project in December, 2014. The project was then approved as part of the Regional Transportation Plan by SLOCOG in April, 2015. At the end of the eight months from September 2014 to April 2015 the project was now successfully included in the regional plan for additional transportation funding. Current Project Budget SLOCOG 50% Match/ Local 50% Match SLOCOG 45% Match/ Local 55% Match SLOCOG 40% Match/ Local 60% Match Walmart Traffic Impact Fees 2,474,876$ 2,674,876$ 2,674,876$ 2,674,876$ Walmart Outlier Building Traffic Impact Fees 183,230 183,230 183,230 183,230 Annex Traffic Impact Fees 2,229,288 2,429,288 2,429,288 2,429,288 Other Traffic Impact Fees 268,126 712,606 1,312,606 1,912,606 Local Match 5,155,520 6,000,000 6,600,000 7,200,000 SLOCOG Contribution - 6,000,000 5,400,000 4,800,000 Capital Project Budgeted Amount 5,155,520$ 12,000,000$ 12,000,000$ 12,000,000$ 101 @ Del Rio Interchange Project ITEM NUMBER: C - 1 DATE: 09/22/15 Once the viable funding source for construction was documented, City staff and Wallace Group continued advancing the interchange project through the Caltrans PID process. As previously mentioned, the PSR-PDS document approval in the PID phase will authorize Caltrans processing for the PAED phase. To be authorized for Caltrans oversight of the PAED and PS&E phases as well as eligible for programming of funding for construction monies at the end of the planning and design phases, a Project Study Report (PSR) process is required. The PSR is similar to the PSR-PDS but is more thorough in project analysis (traffic, risk, environmental, etc.) and contains more documentation. The PSR process is not normally undertaken and approval from Caltrans of an exception to the PSR-PDS process was required. Knowing the importance with the timing of the next funding cycle for construction monies, Wallace conferred with SLOCOG and then Caltrans staff who ultimately concurred and authorized the PSR process in July, 2015. Since initiating the PSR request, Wallace Group has been revising and editing the document into a much more robust report including very detailed life cycle costs analysis. As part of the PSR a Life Cycle Cost Analysis (LCCA) is required , the Caltrans LCCA process initially indicated that the pavement surface for the roundabouts should be required to be poured as Portland Cement Concrete (PCC). With the detailed and warping nature of the proposed improvements Wallace Group felt this was an element which would significantly contribute to the initial overall cost of the project related to the design, forming, and pouring of concrete, and could also increase the risk of Change Orders as the project construction progressed. As a result of the efforts of Wallace Group staff who worked with Caltrans District and Headquarter staff, Caltrans ultimately concurred that PCC was not required as the initial process had indicated and agreed that the roundabout construction should instead be recommended to include the traditional asphalt surfacing. Through the efforts of Wallace Group working with various stakeholders over the course of the last 12 months since this project was last discussed before the Council, the project is in a much better position with Caltrans, the design has been further refined and potential added design and construction costs have been reduced. The Wallace Group team was also asked by the City to serve as an extension of staff in the specialized planning review and coordination of the proposed roundabout planning and design at Del Rio and El Camino Real by another firm working for the Walmart development. Wallace is close to finalizing the PSR and expects Caltrans approva l around the end of December 2015. Up until a couple months ago, regional funding for the interchange project was looking very promising. However, the California Transportation Commission (CTC) notified SLOCOG in July that total programming capacity for the next funding cycle (FY2016 - 2020) has decreased from $14m in Highway funds to zero. No (zero) funding is provided in the State Transportation Improvement Program (STIP) – the program that typically funds highway improvements like the Del Rio Road/US 101 interchange improvements. SLOCOG was anticipating $14 million in STIP monies to program in December 2015, but this news indicated there is no capacity to add new projects and ITEM NUMBER: C - 1 DATE: 09/22/15 the current program is “over programmed”. The net effect of this reduction in state funds is SLOCOG has $6m in remaining federal funding to program in December. STIP revenues are generated from adjustable price-based excise tax on gasoline sales. These revenues have decreased due to a 5.5 cent per gallon decrease in excise tax and the increased use of higher fuel efficient and zero-fuel vehicles. Without a long- term funding fix, future STIP cycles will continue to be reduced. SLOCOG predicts new STIP funding of only $3 million per year beginning FY2022 – compared to $12 million in FY2012 and FY2014. A SLOCOG staff report (Item B-2) is attached and provides additional detail on the funding shortfalls. While there are efforts in Congress and at the State level, none of the current legislative proposals provide any funding for the STIP or transit (more information on the status of state and federal transportation legislation is discussed in the attached SLOCOG staff report, Item B-3). Due to the continuing downturn in state and federal funding, SLOCOG has been performing strategic planning and polling for supplemental transportation funding since 2011 by means of a county wide sales tax for transportation. Passage of this county-wide sales tax increase proposal is estimated to generate $20-25 million per year. Recent polling results have been lagging the necessary 67% threshold to pass. Nonetheless, regional funding through SLOCOG is still likely the best bet for obtaining some amount of matching funds for the interchange project. The Del Rio Road/US 101 Interchange Project is included on SLOCOG’s Fin al 2014 RTIP, its long range vision plan, at a cost of $12.1 million. Funding solicitation for projects is on a four-year cycle and updated every two years. The next funding cycle is FY2016-FY2020. SLOCOG will be evaluating projects for inclusion in the next couple months with action for final programming in December. Although no STIP (highway) funds exist, SLOCOG will program $6m in federal funds. Schedule: The schedule below reflects the major project milestones to date, along with the staff’s best estimate of the timing of future events. Those items where Council will have a decision point as to whether to commit funds and move forward with the Project are highlighted. 8/24/2011 City hires Kittelson & Associates to review and evaluate the Del Rio Interchange ($13,200) 11/27/2012 Council award contract to Wallace Group for initial engineering and Caltrans processing- Phase I ($562,400) 3/26/2013 Council authorize execution of agreement with Caltrans for review of engineering and environmental studies ($104,000) 9/23/2014 Council receive update on the status of Project, including revised cost estimate of $12 million 9/22/2015 Council receive update on the status of Project and consider authorizing Phase II of contract with Wallace Group ($798,500) 12/31/2015 Estimated Caltrans approval of PSR (PID phase complete) ITEM NUMBER: C - 1 DATE: 09/22/15 3/28/2017 Council consider authorization of Phase III & IV of contract with Wallace Group (estimated $500,000) 3/31/2017 Estimated Caltrans approval of PAED Phase 9/30/2017 Council consider purchase of Right of Way (estimated at $2 million) 3/31/2018 Estimated Caltrans approval of PS&E and Right of Way Certification 3/31/2018 Council consider authorizing solicitation of construction bids and approval of funding plan 6/30/2018 Council consider awarding necessary construction contracts (estimated $8 million including soft costs for construction management and support) 12/31/2019 Construction of Interchange Improvements complete The next step in Caltrans project development is PAED. This phase is expected to last about 18 months. At the end of this phase (estimated March 2017), Caltrans is expected to provide project approval. Wallace has provided a proposal for this next phase (PAED) for $798,500, which includes additional services related to the PSR-PDS to PRS process change. A detailed scope of services is attached to this report. Analysis: The main question to ask at this point is whether or not to begin the next Caltrans project delivery phase (PAED) or delay this phase to get a better handle on the funding opportunities. Staff recommends pushing the project development forward for the following reasons: 1. Funding Will Occur. Although SLOCOG STIP and other highway related funding is “doom and gloom” right now, there will be future funding opportunities for which the interchange project is eligible. Funding has been trending downward; however, ending all funding for highway related programs indefinitely won’t happen. There may be a temporary pause in funding, but demand and need will continue to grow, spurring lawmakers to fund programs or create new ones. There have been a number of economic stimulus bills in recent memory geared toward “shovel ready” projects. 2. Project is Competitive. The Del Rio Road interchange project is consistent with a majority of programming policies as listed on page B-2-3 of the attached SLOCOG staff report (B-2). Furthermore, Table 2 in that report lists the project as a “regionally significant project in the queue”. SLOCOG staff is currently analyzing this list of projects considering project readiness, local funding, and matching funds to achieve project delivery goals. The project is similar to other interchanges funded by SLOCOG over the years. 3. Local Funding. The City has matching funds in circulation impact fees that will show SLOCOG and other funding agencies the City’s commitment to the project is real and viable. Many agencies do not have or won’t use local funds alone for the work needed to get the project “shovel ready”, but instead will wait for matching funds before diving into the project development process, making the project less competitive for construction monies. 4. Project Approval is Good for Years. The project is approved by Caltrans when the PR is signed at the end of the PAED phase and the “shelf life” of that approval is typically acknowledged by state staff as between 3 -5 years. Upon ITEM NUMBER: C - 1 DATE: 09/22/15 approval of the PS&E phase, the project is ready to bid. The PS&E approval will authorize Caltrans to issue the City an Encroachment Permit to construct. That permit allows bidding and award scheduling to get a construction Contractor on board (considering processing and funding availability timelines) to then allow the Contractor to get their own encroachment permit. Encroachment permits are allowed time extensions to coincide with funding requirements. Getting through the PS&E phase will officially make the project “shovel ready”. 5. Economic Development. The Del Rio Marketplace development cannot proceed without the interchange improvements. In addition, the Del Rio Marketplace is conditioned to contribute approximately $2.4 million towards the interchange project. The Del Rio Road/US 101 interchange is also been identified as a commercial node which will generate additional sales tax and increase property value and taxes. 6. Public-Private Partnership Opportunities. There may be opportunities to construct interchange improvements through a public -private partnership, whereby a private entity (e.g., developer) performs the construction phase for the project. 7. Project Costs Will Increase. Costs for construction, land acquisition, engineering, legal, and other expenses will continue to increase as time goes on and additional process or regulatory requirements are imposed. These factors are generally out of the City’s control and getting the project completed sooner is anticipated to result in lower overall project costs. In addition to inflation, key professionals may no longer work at firms previously hired to work on the project, resulting in higher risk and backtracking costs. Conclusion: Staff recommends continuing the Caltrans project development process for the Del Rio Road/US 101 Interchange Project. Doing so will position the project to obtain the best opportunity for funding, both short and long term. The project is competitive and contributes to many of the regional goals for reducing VMT and GHG emissions. Local funding (TIF) is available to fund project development and shows local agency genuine commitment to the project. Project approvals (PR and PS&E) from Caltrans are long term authorizations and are expected to be valid for at least five years, during which time matching funds will likely occur. The project is a key component to economic development in the area and may frustrate developers waiting for the project if delayed. There could be an opportunity for a Public -Private partnership to construct the project is approvals are in place. Lastly, delaying the project will surely increase both construction and “soft” costs. FISCAL IMPACT: The fiscal impact of the item under consideration is estimated at $798,500 in budgeted circulation impact fee over the next 18 months. The current budget has $450,000 programmed for FY2015/2016 and another $500,000 for FY2016/2017. ITEM NUMBER: C - 1 DATE: 09/22/15 ALTERNATIVE: Council may instruct Wallace to complete the PID phase and wait to authorize the PAED phase until the funding scenarios are determined. ATTACHMENTS: 1. SLOCOG Staff Report (Item B-2), dated August 5, 2015 2. SLOCOG Staff Report (Item B-3), dated August 5, 2015 3. Summary Scope of Services for Del Rio Road/US 101 Interchange Phase 2 B-2-1 SAN LUIS OBISPO COUNCIL OF GOVERNMENTS STAFF REPORT MEETING DATE: AUGUST 5, 2015 ITEM: B-2 SUBJECT: 2016 Regional Transportation Improvement Program | Revenue Update, Status of Programmed Projects, and Programming Policies SUMMARY In June staff provided programming estimates for the 2016 programming cycle using best available information for three silos of state and federal funding (RSTP, CMAQ, and STIP as defined below). At that time staff estimated new surface transportation programming capacity through 2020 to equal $31M. This staff report addresses the policy considerations for the programming of available transportation funding. The total programming target for SLOCOG’s 2016 funding cycle through FY 2020 has decreased 65% from $31M to $11M. No (zero) funding is provided in the STIP used typically for highway improvements. California Transportation Commission (CTC) released the draft highway program Fund Estimate (FE) on June 24th. Those funds, typically used for congestion relief improvements, are administered and programmed in the State Transportation Improvement Program (STIP). The 2016 STIP FE indicates that there is zero new capacity and the current program is “over programmed”. This means that the 2016 STIP is basically already fully programmed, and projects currently programmed in the five-year STIP could be delayed. The early years of the STIP is under-funded primarily due to the decrease in the price based excise tax on gasoline. The CTC is providing no programming targets to regional agencies in the 2016 STIP. The revised capacity of new transportation funding for the 2016 program cycle includes the following: o Regional Surface Transportation Program (RSTP) - $5.4M thru 2018 o Congestion Mitigation and Air Quality Program (CMAQ) - $4.6M thru 2018 o State Transportation Improvement Program (STIP) - $0M, down from $14M Agenda item B-3 will discuss in greater detail the state and federal legislative efforts being made to address the instability and lack of reliable forms of transportation revenue. Agenda item B-4 will discuss the status of local-control efforts in generating much needed transportation revenue. RECOMMENDATIONS Staff: 1) Conceptually approve “off-the-top” funding (pp B-2-6 thru B-2-8) and defer decision on a two versus three year program cycle to October 2) Direct staff to provide an update in October on “pipeline” projects identified in Table 2 and develop an 8-year financial assessment of funding needs for priority projects through 2023 3) Schedule action for funding recommendations in December TTAC: Support Staff recommendation CTAC: Support Staff recommendation DISCUSSION State funding for the STIP has declined considerably due to higher fuel efficient and zero-fuel vehicles and the decrease of 5.5 cents per gallon to the price-based excise tax (lowering it from 18 cents per gallon to 12.5 cents per gallon). This decrease has a significant impact on transportation resources. For every one billion dollars available in the STIP, SLOCOG receives a formula share equivalent to $3M per year for each of the two years added in a STIP cycle (total funding $6M). In 2012 and 2014 the STIP Fund Estimate APPROVED APPROVED B-2-2 identified $1.8B and $1.4B respectively, SLOCOG receiving closer to $12M in each of those two cycles. Without a long-term funding fix for the STIP, future STIP cycles beginning in 2018 will continue to show a reduction in program capacity, leaving $1B available per STIP cycle. New highway funding for SLOCOG will be equivalent to $3M per year beginning in FY 2022 at best. Table 1 below summarizes the revised near term state and federal revenue projections for transportation programming for fiscal years 2017 through 2020. Table 1 REVISED 2016 State and Federal Transportation Program Targets ($1,000s) 2014 Fund Cycle (2014-2016)2017 2018 2019 (2020+) Total - Urban (direct apportionment to member agencies) (NOTE 1/) 2,430 823 823 823 1,646 - Rural (direct apportionment to SLO Co.) 1,734 578 578 578 1,156 - SLOCOG Regional Shares (NOTE 2/) 6,114 2,037 <> Programs & Administration 385 355 740 <> Leverage funds for state and federal grants 330 330 660 <> Regional Discretionary Capital Funds (RSHA) 1,050 1,352 2,402 7,997 2,316 <> Rideshare Programs (Vanpool/Commuter) 180 250 430 <> Regional Discretionary Capital Funds 2,133 2,086 4,219 - Regional Shares (NOTE 4/) 4,540 - - 7,070 7,920 - - Inter-Regional Shares (NOTE 5) 107,000 - - (60,000) - Total 22,815 5,479 5,774 12,824 7,920 11,253 1. Regional Surface Transportation Program 2. Congestion Mitigation and Air Quality (NOTE 3/) 3. State Transportation Improvement Program DISCRETIONARY PROGRAMS (STATE AND FEDERAL FUNDS) •Note 1. Urban funds have been allocated to member agencies through FY 2016. Apportionments are consistent with Section 182.6 (d)(1) of California Code and distributed to urban areas of 5,000 or more based on 2010 census . •Note 2. FY 2016 reflects available programming balance after advance allocation commitments and “off the top” targets. •Note 3. Funding resulting from non-attainment status for ozone in eastern San Luis Obispo County •Note 4. CTC revenue assumptions; approximately 30% less than normal due to base excise tax reductions; cascading impact resulting in the STIP being over-programmed through FY 2018. Draft 2016 STIP FE has no new program capacity for FY 2019 and FY 2020. It should be noted that in 2000 annual highway fund apportionments were $15M/yr; and highway apportionments are down to nearly $4M/yr in 2016 if the STIP wasn’t over-programmed . No new programming capacity in the 2016 STIP without a legislative fix. •Note 5 Caltrans District 5 identifies priority needs on the state highway system eligible for inter-regional STIP programming. With a $0 STIP, Caltrans will not be able to secure ITIP funds for the “Wye” section of SR 46East ($60M). Other future funding options may result from MAP-21 reauthorization with a program focus freight corridor completion. Federal funding programs under Moving Ahead for Progress in the 21st Century Act (MAP-21) have been extended for five-months as Congress continues to debate methods to develop a stable revenue source for the Highway Trust Fund. Reductions to both programs have been proposed by Congress and as result staff is recommending a conservative programming approach by eliminating the 2019 year of federal funding. At best, the reauthorization legislation for MAP-21 will maintain funding levels for the RSTP and CMAQ programs equal to fiscal year 2015 over a six year time period to 2023. Until there is a multi-year federal funding bill in place, staff will continue to recommend a two-year programming approach of federal funds. More information on the status of the federal funding program will be presented in October. Of the $11.2M in federal funding identified in Table 1, $2.7M is directly allocated to member agencies for street and road rehabilitation purposes. The remaining $8.4.M of RSTP and CMAQ funding is programmed at the discretion of the SLOCOG Board for programs and projects identified in the 2014 RTP. Staff recommends $1.8M for set aside programs (see Attachment A) and the remaining $6.4M to be programmed toward pipeline capital projects (Table 2 page B-2-3). $8.4M $2.7M B-2-3 Each two year fund cycle provides opportunities for the implementation of projects and programs identified in SLOCOG’s 20 year transportation blueprint; the 2014 RTP. Modal elements of the RTP eligible for funding include: o Maximizing System Efficiency (TDM) o Highway, Streets, and Roads Improvements o Active Transportation Improvements (BikePed) o Public Transportation (Transit) Programming Policies for 2016 Fund Cycle It is SLOCOG’s practice to update programming policies and procedures to reflect state and federal guidance based on newly enacted legislation, rule making, the current condition of funding programs/silos, and the status of SLOCOG’s project pipeline with respect to scope, budget, and schedule. Due to the significant reduction in funding, staff is recommending that the biennial call-for-projects be delayed indefinitely. All funding recommendations (tentatively scheduled for December 2015) in SLOCOG’s regional capital improvement program will be consistent with the following programming guidance: 1. Project is an identified priority in the adopted Regional Transportation Plan (RTP). 2. Project will have a net benefit to the performance of regional transportation network consistent with the performance goals of the RTP. 3. Project has a demonstrated need. Scoping documents (Project Study Reports and/or Project Reports) are complete and identify anticipated project costs, unit by unit. These documents must be consistent with adopted plans, and receive local governing council/board approval prior to SLOCOG Board programming action. 4. Project addresses a regionally significant multimodal or interconnectivity related transportation need. 5. Project mitigates a regionally significant congestion problem. 6. Project has demonstrated cost effectiveness. 7. Project enhances or increases the equitable distribution of funding throughout the region. 8. Project includes funding contribution by the local jurisdiction (minimum match of 50%); including the support by the local governing board. 9. Project supports the Sustainable Communities Strategy (SCS) goals of the 2014 RTP. 10. Off the top funding will be reserved for SLOCOG programs (Rideshare, PnR, PIDs) 11. Project is shovel-ready and can be delivered on schedule and on budget. 12. Project adds to the economic vitality of the region. Table 2 below summarizes a review of scope, budget, and schedule for high priority regional projects. Table 2 Project Status | Regionally Significant Projects in the Queue No known scope, budget, or schedule impacts Known scope, budget, or schedule impact SCOPEBUDGETSCHEDULEOTHERCOMMENTS MAJOR REGIONAL ROADWAY PROJECTS (CONGESTION RELIEF) SR 46 Corridor Improvements (Whitley 2B)Over programmed STIP creating delivery delays; could affect schedule and budget. SR 46 Corridor Improvements (Cholame)If no new funds in the STIP, consideration should be given to develop a lower cost solution for this segment. DISCUSS IN OCTOBER SR 46 Corridor Improvements (WYE)If a lower cost solution can be achieved along Cholame, shift funds to WYE segment. DISCUSS IN OCTOBER 101 South Co Ops | Shell Beach Straits PID on schedule for completion in September SR 227 Operational Improvements Technical analysis on schedule for completion in September Price Canyon Rd., Ormonde - RT 227, widen Over programmed STIP creating delivery delayes; could affect schedule and budget. B-2-4 RT 101 Brisco Rd I/C Improvements/Aux Lane (Arroyo)Potential cost increases. DISCUSS IN OCTOBER RT 101/RT 46W I/C Improvements, Ph 3 roundabouts (Paso) Issues regarding applicable land use affecting project. DISCUSS IN OCTOBER SR 1/41, Morro Bay, operational improvements (Morro)Project ready for construction funding RT 101 Avila Beach Dr. Intersection & PnR (Avila)PID on schedule for completion in September RT 101/Fair Oaks Ave, Arroyo Grande, operataional imps. (Arroyo)PAED and PSE delayed; not ready for construction funding LAND USE NECESSITATED PROJECTS RT 101/RT 46W I/C Improvements, Ph 2 vine st. realignment (Paso) Legal and land use issues affecting schedule. DISCUSS IN OCTOBER 101 Prado Rd. I/C, Ph 1 overcrossing (SLO) City priority; no funding discussed, scoping, and finance plan/strategy developed 101 Del Rio Rd. I/C Improvements (Atas)City priority; lack of STIP funding affects budget and schdule 101 Union Rd. I/C, Paso Robles, Ph1 overcrossing (Paso) City priority; Environmental underway; City circulation element issue; no finance plan/strategy developed US 101/Main St. Interchange improvement (Templeton) County developing PID/PAED; Catrans providing oversight. Finance plan and imrpovement strategy to be developed by county. OTHER REGIONAL PROJECTS (READY TO GO) San Luis Obispo Transit Center Project in planning stages; Regional priority. Shell Beach Rd. Streetscape (complete street improvements) (Pismo)City priority. Pending state ATP grant announcement Rail Road Safety Trail, SLO City priority. Pending state ATP grant announcement Bob Jones Trail / City to Sea, SLO Co.County priority. Pending state ATP grant announcement Bob Jones Trail / City to Sea, SLO Co., Ph 1 (Octagon Barn to Cloveridge)County priority. Pending state ATP grant announcement Bob Jones Trail / City to Sea, SLO Co., Ph 2 & 3 County priority. Pending state ATP grant announcement Atascadero to Templeton Connector "The Missing Link" SLOCOG Priority. Project to be first submitted for state ATP funding Shandon Pedestrian Bridge over San Juan Creek Rd. Pending state ATP grant announcement; Equity and Disadvantaged Community project Morro Bay to Cayucos Connector SLOCOG Priority. Project to be submitted in next state ATP funding cycle. SR 41 Complete Streets (San Gabriel to 101) - (Atas) Study for improvement concepts underway; ready for next phase of funding; Safe Routes to School Projects (MB High, Nipomo, etc)Pending state ATP grant announcement(s); Evaluate priority needs. Assess project delivery status based on funding recommendations of the Cycle 2 ATP grant program. Provide status in October. RT 101/Tefft St., Nipomo, operational improvements (Nipomo)Stalled. DISCUSS IN OCTOBER SR 1/Halcyon Rd, south county, intersection improvements Update from County forthcoming SR 1 / Olive St. - South Bound channelization (SLO)Update from City forthcoming Tassajara Rd. to SR 58 (Smargarita) Larger project (SLO to 58) identified in Caltrans 3-YR PID work program US 101/SR 46E - N/B Off Ramp Improvement to be included on Caltrans D5 3 YR PID work plan OTHER REGIONAL PROJECTS (IN PROJECT DEVELOPMENT) REGIONAL INTERCHANGE PROJECTS (ACCESS IMROVEMENTS) Other remaining ATP grant applications submitted to Caltrans Headquarters for funding Cycle 2 ATP funding consideration. Table 2 (Cont’d) Project Status | Regionally Significant Projects in the Queue Recommendation: Conduct an eight-year financial analysis of the funding needs through FY 2023 (includes the 2016 STIP cycle, 2018 STIP cycle) for projects identified in Table 2 (i.e. short and mid-term high priority needs). The analysis will consider project readiness, local funding, and an assessment of how much funding is needed to achieve project delivery goals. Present analysis in October and schedule all final funding recommendations in December. B-2-5 ATTACHMENT A PROGRAMMING GOALS, POLICIES, AND PROJECT NOMINATION PROCESS Invest Strategically in Transportation - When Congress enacted MAP-21 it included a robust performance management standards as a way to measure the national goals established in MAP-21; providing greater accountability and transparency and help achieve the most efficient and effective investment of transportation resources. The national goals set forward in MAP-21 are summarized below: • Safety - To achieve a significant reduction in traffic fatalities and serious injuries on all public roads. • Infrastructure Condition - To maintain the highway infrastructure asset system in a state of good repair • Congestion Reduction - To achieve a significant reduction in congestion on the National Highway System • System Reliability - To improve the efficiency of the surface transportation system • Freight Movement and Economic Vitality - To improve the national freight network, strengthen the ability of rural communities to access national and international trade markets, and support regional economic development. • Environmental Sustainability - To enhance the performance of the transportation system while protecting and enhancing the natural environment. • Reduced Project Delivery Delays - To reduce project costs, promote jobs and the economy, and expedite the movement of people and goods by accelerating project completion through eliminating delays in the project development and delivery process, including reducing regulatory burdens and improving agencies' work practices Programming Policies - To improve decision making through performance-based planning and programming, a coordinated effort to develop performance targets amongst stakeholders will address the national goals of MAP-21 as well as regional goals as set forth in the 2014 adopted Regional Transportation Plans. The overarching goals that set the context for transportation programming were developed as part of the 2014 Regional Transportation Plan and Sustainable Communities Strategies as summarized below: I. Overarching 2014 RTP Goals: A. Promote the enhancement of regional and community livability through the integration of land use, mobility, and design strategies. B. Enhance the economic vitality, environmental sustainability, one's sense of community, and accessibility to basic human services within and between communities of the region. C. Facilitate the development and economic viability of communities in ways that reduce trips and travel distances, preserves aesthetic resources and promotes environmental enhancement. D. Provide safe and convenient alternative forms of transportation. E. Maximize the efficiency of the existing transportation system. F. Reduce energy consumption and emissions from transportation sources. G. Protect important farmland, valuable habitats, and natural resources B-2-6 The RSTP, CMAQ and STIP fund programs are the bread and butter for implementation of the surface transportation program and projects of the 2014 RTP. Each of the 2014 RTP programs (Maximizing System Efficiency: Highways, Streets, and Roads, Public Transportation, and Active Transportation) have a set of goals and policies that guide SLOCOG’s investment choices. Each of the RTP/SCS modal programs and additional programming policies is discussed below. Set-Aside programming targets are included for each of these programs to ensure key regional modal goals are achieved. II. Maximizing Efficiency of the Transportation System (RTP Goal) A. Effectively and economically achieve improved mobility and provide greater accessibility and system efficiency through the increasing usage, financial support, and promotion of various TDM (e.g. Ridesharing/Vanpool programs) and TSM strategies (e.g. signal synchronization, channelization). Set-Aside Programming Targets: 1. $100,000 per year through FY 2017/2018 for maintenance and preservation of existing P&R facilities (RSTP). 2. $180,000 per year through FY 2017/2018 for Regional Rideshare Program’s commuter systems and programs (CMAQ) 3. $70,000 for FY 2017/2018 for Regional Rideshare Program vanpool incentive program (CMAQ) 4. Evaluate all prior programmed projects for scope, budget, and schedule issues. Address concerns in October/December. III. Highway, Streets, and Roads Improvements (RTP Goals) A. Implement a comprehensive strategy for the maintenance and improvement of State Highways, Routes of Regional Significance, and major local streets and roads; reduce peak hour traffic and provide for safe, efficient, convenient and reliable movement of people and commodities B. Maintain a balanced transportation system improvement strategy, emphasizing system efficiency, intermodal connectivity, and increased alternative transportation modes and traffic reduction strategies to reduce vehicular travel, and greenhouse gas emissions. Set-Aside Programming Targets & Policies: 1. Highway funding (STIP) to address funding shortfalls for priority highway projects (Discuss in October). 2. Conduct an eight-year financial analysis assessment of funding needs through FY 2023 (includes the 2016 STIP cycle, 2018 STIP cycle) for priority projects. 3. Where feasible and appropriate, maintain flexibility in programming by exchanging federal RSTP funds with State Highway Account funds to reduce project delivery delays. 4. Integrate multi-modal improvements (Complete Streets AB 1358(2008)) as part of Street and Road project improvements (RSTP/CMAQ): i.e. multiple project benefits address the needs of all users for all funded projects. 5. Set aside $75,000 for FY 2017/2018 for statewide competitive Highway Safety Improvement Program funds for priority projects identified in SLOCOG’s HSIP Systemic Safety Report. 6. Provide urban SHA apportionments to member agencies for FY 2016/2017 and FY 2017/2018 as summarized in Table A below; finalize apportionments for adoption in December. B-2-7 Table A Regional Surface Transportation Program (DRAFT Urban SHA Apportionment Table) 7. Evaluate prior programmed projects for scope, budget, and schedule issues. Address issues of concern in October/December. Where feasible Urban SHA and MPO discretionary (RSHA & CMAQ) funds will be considered to address budget shortfalls on projects of regional significance. IV. Public Transportation (RTP Goal) A. Provide comprehensive and accessible region-wide public transit services to allow persons in the County access to essential services, to improve air quality and overall mobility. Essential services include educational, recreational, health care and employment opportunities. Set-Aside Programming Targets and Policies: 1. Currently no Set-Aside has been requested nor recommended from STIP, CMAQ, and RSTP during this funding cycle for transit purposes. 2. To ensure CMAQ funds are never lost to the region, establish a vehicle replacement back-up list so “at-risk” CMAQ funds can be used for the purchase of vehicles on as needed basis. Population (2010 Census) Apportionment %2017 2018 2 YR TOTAL Incorporated Cities Arroyo Grande 17,252 8.5% 69,700 69,700 139,400 Atascadero 28,310 13.9% 114,400 114,400 228,800 Grover Beach 13,156 6.5% 53,200 53,200 106,400 Morro Bay 10,234 5.0% 41,400 41,400 82,800 Paso Robles 29,793 14.6% 120,400 120,400 240,800 Pismo Beach 7,655 3.8% 31,900 31,900 63,800 San Luis Obispo City 45,119 22.2% 182,300 182,300 364,600 Total Cities 613,300$ 613,300$ 1,226,600$ County of SLO - Urban Areas Cambria 6,032 3.0% 24,400 24,400 48,800 Oceano 7,286 3.6% 29,400 29,400 58,800 Los Osos 14,276 7.0% 57,700 57,700 115,400 Nipomo 16,714 8.2% 67,500 67,500 135,000 Templeton 7,674 3.8% 31,000 31,000 62,000 Total County Urban 210,000$ 210,000$ 420,000$ Total 823,300$ 823,300$ 1,646,600$ County of SLO : Rural, unincorporated population of 66,136 receives a direct RSTP apportionmnt of $578k/yr B-2-8 V. Active Transportation (previously Non- Motorized) Improvement RTP Goals A. Develop and maintain a safe and efficient regional bicycle and pedestrian network that promotes bicycling and walking as viable transportation choices for users of all ages and abilities. B. Encourage safe and efficient connections between transportation modes such as park and ride lots, transit facilities and destinations for motor vehicles; as well as providing low emission recreational activities such as hiking and mountain biking. Other issues affecting policy that will influence transportation programs and projects has emerged around public health. The following policy statements are proposed for integration as part of the update of the 2014 RTP. C. Provide active transportation systems that connect the places where people live, learn, work, shop, and play by providing safe and convenient walking and bicycling and transit facilities. . D. Promote safe and convenient opportunities for physical activity by supporting active transportation infrastructure Set-Aside Programming Targets and Policies: 1. Set aside $150,000 per year through FY 2017/2018 for projects of regional significance and consistent with SLOCOG’s Active Transportation Partnership Plan in order to leverage statewide ATP funding opportunities (e.g. Bob Jones, SLO City to Avila, Anza Trail, Salinas River Atas-Temp, Pismo Creek, Morro Bay to Cayucos, Railroad Safety Trail (SLO). 2. Set aside $80,000 Non-Infrastructure SR2S program and Infrastructure/ATP grant match of $75,000 per year through FY 2017/2018. 3. Assess prior programming commitment to the City of Pismo Beach for $600,000 (CMAQ or RSTP) toward the Shell Beach Rd. Streetscape Project. Discuss in October. Final funding recommendation to occur after state ATP grant program announcement is made. 4. Support development of walkable community cores, safe routes to school, and connecting communities through multiple modes. 5. Support the economic vitality of the region by having a robust active transportation network. 6. Close gaps in active transportation by addressing and breaking down the barriers to bicycling and walking. 7. Preserve and sustain the existing system. 8. Evaluate prior programmed projects for scope, budget, and schedule issues. Address issues of concern in October/December. Where feasible Urban SHA and MPO discretionary (RSHA & CMAQ) funds will be considered to address budget shortfalls on projects of regional significance. VI. Other Programmatic Set-Aside Targets Due to the increasing number of unfunded mandates established at the state and federal level to have robust data warehouse and reporting systems to support performance based planning and programming requirements, and to be more competitive in statewide transportation grant programs, the following additional set-aside target is established over two years: 1. HSIP Systemic Safety Report match ($15k), State/Fed planning grant match ($30k) aerial imagery ($60k), reg. growth forecast ($15k), reg. model ($115k), and consultant services for PIDs ($100K), Traffic Count ($20k), Bike Counters ($15k). All set asides identified in this attachment are reflected in Table 1 page B-2-2. B-3-2 Attachment 1 Summary of the DRIVE Act (S. 1647) Approved by the Senate EPW Committee On June 24, the Senate Environment and Public Works Committee passed approved S. 1647, the DRIVE Act (Developing a Reliable and Innovative Vision for the Economy) a six year reauthorization of federal highway programs and about a 3% increase in funding levels from MAP-21. Most of the additional funding is targeted to a new National Freight Program and a program similar to the current TIGER grant program called “Assistance for Major Projects.” As of 7-24-15 the Senate is trying to finalize a bill to send to the House for action before the current Act (MAP-21) expires on July 31st. If that effort fails, it will be necessary to extend MAP-21 again, and it is unknown how long that would be. Major Provisions and differences from MAP-21 Sets policy for six years program (No funding yet) Reauthorizes the Federal-aid highway program at an increased funding level for six years, from FY 2016 through FY 2021. Provides a total of $277.4 billion in spending for highway programs, which represents an average growth of $5.3 billion per year. Proposed funding levels would require an additional $92 billion in revenue beyond current projected receipts for the Highway Trust Fund. Provides long-term funding to improve the interstate system and infrastructure critical to the movement of freight, and supports increasing efficiency in the project delivery process. Increases support for core formula programs Maintains existing core program structure, including: the National Highway Performance Program (NHPP); the Highway Safety Improvement Program (HSIP); the Surface Transportation Program (STP); and Congestion Mitigation and Air Quality (CMAQ). Increases funding for the NHPP, STP and CMAQ programs by about 12% to 14% per year and changes funding for Transportation Alternatives Program (TAP) from 2% of total authority under MAP-21 to $850 million per year AND allocates funding by population!!!!!. STP receives an average of $10.7 billion per year, an annual increase of more than $600 million from MAP-21 and increases percent suballocated to local areas from 50% 55%. Prioritizes bridges & large, nationally-important facilities Increases funding for the maintenance of “off-system bridges” from either 15% of the total STP apportionment or 110% of the 2014 funding set-aside to 15% of the set aside for bridges off the National Highway System to provide $1.5 b in 2016 increasing to $1.7 b in 2021. Substantial new funding focused on freight Establishes formula-based freight program to provide funds to all states to for goods movement. Expands flexibility for both rural and urban areas to designate key freight corridors that match regional goods movement on roads beyond the Primary Highway Freight System. Improves efforts to identify projects with a high return on investment through state freight plans and advisory committees established under MAP-21. SLOCOG staff comments: Overall a good, comprehensive bill Moves in the right direction Funding prognosis flat at best Restores authority to program Transportation Alternative Program (TAP) funds. Maintains transit funding at 20% of the total Restores bus discretionary program, an important source for funding for buses in SLO region. Creates new Freight Program B-3-3 Creates new Major Projects funding program  Provides new funds for major projects of high importance to a community, a region, or the nation through a competitive grant program called “Assistance for Major Projects” (AMP)  Includes funding set-aside for rural areas and ensures equitable geographic distribution, strong transparency provisions and a Congressional selection and approval process. Requires Highway Trust Fund transparency  Includes new provisions to improve the transparency of how and where transportation projects are selected and funded, to ensure that stakeholders and the public have faith in the integrity of highway programs and the use of federal tax dollars.  Improved transparency provisions provide to the public better accountability on how FHWA is utilizing its administrative expenses as well as progress towards achieving national goals and improving federal reviews of highway projects. Increases project funding options  Updates the Transportation Infrastructure Finance and Innovation Act (TIFIA) program and provides state and local governments with new options for stretching transportation dollars and increasing efficiency and utilization.  Cuts new TIFIA funding from $1.0 b per year to $675 million (acknowledging lack of eligible projects due to program requirements, not lack of federal money, was the constraint).  Broadens TIFIA eligibility by removing requirement for investment-grade credit rating and also creates a “rural projects fund” to use TIFIA funding to capitalize State Infrastructure Banks. Accelerates project delivery and increases flexibility  Building on the reforms in MAP-21, continues to accelerate the project delivery process while protecting the environment and public health.  Improves collaboration between the lead agency and the participating agencies, allows greater reliance on documents prepared during the planning process, and reduces duplication between agencies involved in the federal environmental review and permitting process. Expands opportunities for infrastructure investment in rural areas  Provides increased flexibility to best fit the needs of rural states and local governments and adds options to bundle small projects together to increase efficiencies and take advantage of procedures often difficult to utilize for rural projects.  Empowers states to work with DOT to develop ways to effectively utilize flexibilities for small projects, including rural road and bridge projects to better respond to community needs. Funds Federal Lands and Tribal Transportation Highway Programs  Increases funding levels for these programs to support maintenance and construction of roads and bridges on tribal and federal lands.  Authorizes funds for nationally significant federal lands and tribal transportation projects, recognizing that there is a significant maintenance and repair backlog on these facilities. Maintains State and Metropolitan Transportation Planning  Maintains statewide and metropolitan planning processes to continue the development towards a performance-based approach to transportation decision making. B-3-4 Attachment 2 Overview on State Transportation Funding Special Session SLOCOG staff comments: Focus on Governor’s Directive to the Legislature is Fix it First, maintain and repair our transportation system. NO directive to “improve the transportation system. NO Funding for Highway Improvements, transit, or alternative transportation. Does NOT address the STIP funding shortfall. B-3-5 B-3-6 Attachment 3 B-3-7 Attachment 4 Assembly Republicans Nine-Point, $6.6 B Plan to fund transportation infrastructure & fix our roads with existing resources Monday, June 29, 2015 Assembly Republicans today announced a nine-point “roadmap” to provide over $6 billion in new funding to address California’s transportation needs and fix our state’s crumbling roads and highways. Maximize existing state dollars to repair our roadways, ease traffic gridlock, and create jobs, without raising taxes,” said Republican Leader Kristin Olsen, of Modesto. Spending Cap-and-Trade dollars for transportation makes sense, because better roads mean cleaner air.” “Californians are too often stuck in traffic, while driving on crumbling roads, highways, and bridges,” said Assembly Transportation Committee Vice Chair Katcho Achadjian, R-San Luis Obispo. “The plan will provide over $6 billion annually for critical projects to get people out of their cars faster so they can spend more time with their families. It is a realistic plan that we expect will gain bipartisan support in the upcoming special session. A recent Caltrans report estimated that the state must spend approximately $8 billion annually to properly maintain our roads and highways. Unfortunately, the recently enacted 2015-16 state budget ignored the need to invest in our roads and get people out of gridlock. Assembly Republicans put their plan forward in response to Governor Brown calling a special session of the Legislature on transportation. Included in the Assembly Republican roadmap are nine specific proposals to fund our state’s transportation needs within existing state resources, and other proposals to speed up projects to get our roads fixed. Revising six existing funds 1. Reallocate 40% ($1 billion) of California’s Cap & Trade program revenue annually The goal of Cap-and-Trade is to offset the impacts of greenhouse gas emissions on our environment. Californians currently pay higher prices at the pump because fuels are now included in the Cap-and- Trade Program, making Cap-and-Trade funds directly linked to transportation infrastructure. Additionally, better roads mean better fuel efficiency, which leads to a clear reduction in greenhouse gas emissions. 2. Redirect $1 billion in existing Vehicle Weight Fee revenue annually The Vehicle Weight Fee (VWF) is a non-controversial payment made to offset the costs of damage done to our roads by heavy trucks. During the recession, this revenue was diverted to purposes other than road maintenance. It is time to put this money back toward its intended use. 3. Invest $200 m (half the total) in the Governor’s strategic growth fund into shovel-ready roads projects annually The state budget provides the Governor with $400 million a year for projects of his choosing. The Assembly Republican plan prioritizes safe roads and reduces this discretionary pot of money by half, freeing up $200 million for road projects that can quickly make a difference for Californians who use cars to get around our state. 4. Eliminate redundancies at Caltrans ($500 million) annually We support the non-partisan Legislative Analyst Office’s (LAO) recommendation in the May 14, 2014 report to eliminate the 3,500 redundant positions at Caltrans. The LAO reports this will not negatively impact any construction projects. 5. Capture $685 m annually in savings 25% reduction of long-term vacant state positions There are thousands of vacant positions in state government that remain unfilled for more than six months and until recently the law required that any such position be eliminated. While some positions are essential and difficult to fill, the majority is not and, in fact, is intentionally kept vacant so that state agencies can capture the money and spend it elsewhere. This money is better used fixing roads than padding state bureaucracy. B-3-8 6. Make a formal commitment in the State Budget General Fund to provide to increase funding by $1 billion annually Spending in the last two state budgets grew by $8.1 billion and $7.5 billion, respectively. Early indications are that we will have $4 billion more revenue next year. Despite this revenue surge, these budgets completely ignored the state’s transportation needs. According to the LAO, the three-year revenue forecast is such that we can fully fund Proposition 98 and the Rainy Day Fund, and still dedicate $1 billion annually to transportation. We propose making transportation a top priority and a core function of government, which must be funded as such. Three Policy Changes to Get Our Roads Fixed 7. CEQA Relief for Highway Projects Relief from abuses of the California Environmental Quality Act (CEQA) could reduce costs and delays associated with highway projects and move our transportation projects out of lawsuits and red tape. Under our plan, highway projects would be insulated from injunctions, like the model enacted for the Kings Basketball arena. Highway projects could be expedited by prohibiting a court from staying or enjoining a project unless certain specific factors are present (threat to health and safety, Native American artifacts, etc.). If we can do it for billionaire professional sports team owners, we should be able to do it for Californians who want out of traffic gridlock and those who will be put to work on the projects. The present and future of our state economy relies on a strong transportation network that can reliably move goods and services. Building and maintaining such a network of roads, highways, and bridges should not be hung up in endless years of CEQA litigation and bureaucracy. 8. Foster Public-Private Partnerships (P3s) for transportation projects Removing the sunset on provisions authorizing the use of development lease agreements (aka “public-private partnerships” or P3s) for transportation projects will get roads fixed faster. Due to limited available funding for highway construction and maintenance, P3s are an attractive option for the state to most efficiently use limited resources to repair its deteriorating infrastructure. SB 2X 4 (Cogdill) (Chap. 2, Statutes of 2009) authorized Caltrans and regional transportation agencies to enter into an unlimited number of P3 agreements for a broad range of highway, road, and transit projects, through 12-31-2016. Deletion of this sunset will maintain Caltrans and regional agencies flexibility to leverage private investment in project design, construction, and operation. 9. Get politics out of transportation projects: Restore CTC Independence Removing the California Transportation Commission (CTC) from the Executive Branch will restore its status as an independent body. The CTC was created by the Legislature in 1978 as an independent body responsible for the programming and allocating of funds for the implementation of highway, passenger rail and transit improvements throughout California. The Governor’s Reorganization Plan No. 2 (GRP2) of 2012 changed the CTC from an independent agency to an entity within the newly created Transportation Agency. Keeping CTC under the control of the Secretary of Transportation frustrates meaningful oversight of the administration, and creates the potential for politicization of transportation funding decisions. Assembly Republicans also sent a letter to Assembly Member Jim Frazier, Chair of the Assembly Transportation Committee, introducing their proposal and expressing their willingness to collaborate on a bipartisan solution. B-3-9 Attachment 5 July 2, 2015 The Honorable Katcho Achadjian California Assemblyman, 35th District State Capitol, Room 4098 Sacramento, CA 95814 Subject: Special Session on Transportation Dear Assemblyman Achadjian, We are pleased to see the Governor’s announcement to convene a special session on transportation. We are also pleased to see that Assembly Speaker Toni Atkins selected you to participate as a member of the Assembly Transportation and Infrastructure Development Committee for this special session. The purpose of this letter is to identify local implications of the funding cutbacks and forward our (staff) suggestions for your consideration, as you begin discussing how to address the State’s transportation funding needs. As you may be aware, this issue is particularly significant given the announcement by the California Transportation Commission (CTC) NO ($0) new funding will be include in the upcoming fund estimate being adopted in August for programming in the 2016 State Transportation Improvement Program (STIP). As you may recall, STIP funding has been used in San Luis Obispo County to fund Highway 101 improvements, widening of Highway 46 East, and improvement of interchanges like the Willow Road, Los Osos Valley Road and Brisco Road interchanges. Until last week, the following projects were anticipated to be considered for programming by SLOCOG in December for submittal to the CTC for action in April:  Continued widening Route 46 East,  Environmental and/or construction funding to widen Route 227 south of Airport Road  Southbound operational improvements to US 101 in the Shell Beach/Pismo area. We have also received requests to fund additional projects including improvement of interchanges at US 101/166, US 101/Main Street, and the US 101/46W interchanges, and the future extension of Prado Road to a new interchange at US 101 in the City of SLO. The CTC has indicated that unless the Legislature provides additional funding in an urgency bill, they will be forced to adopt the 2016 STIP fund estimate with no new funding in August Additionally, the CTC has indicated that existing programmed projects may be delayed, potentially impacting the Brisco Road interchange. It is dire news for our region and the State that funding has deteriorated to such a level that we cannot program any new highway projects. We are pleased the Governor has requested this special Legislative session. We want to bring to your attention that the focus of the Governor’s proclamation is the repair and maintenance of the local and state transportation system. While we applaud the effort, we are concerned that it does not include “improvements” to the transportation system. The Administration proposal and all three of the pending revenue proposals are geared solely to maintenance and rehabilitation, including SB 16 by Senator Beall, Assembly Speaker Atkins’ transportation concept, and Assemblyman Frazier’s transportation concept. While all of these proposals are laudable, none addresses the funding shortfalls in the STIP addressed above. B-3-10 We request that you address this issue directly. We need additional revenues, not just for maintenance and rehabilitation, but also increased funding for the State Transportation Improvement Program (STIP). Action is needed now, or we will have no opportunity to program funding in the 2016 STIP. This will delay projects, increase costs, impair mobility and economic development. We appreciate your consideration of our interests in this difficult situation and offer the following additional input as you engage in this effort: 1. Please advocate for revenues to “improve” the transportation system with funding to go into the STIP, as well as, funding to maintain and repair highways, streets and roads. 2. The funding needs are so acute that any proposal will likely need both shifting of funds, increased efficiencies and revenue increases. For example, a $1 billion increase in funding will provide about $3 m to our region. An interchange or an auxiliary lane costs $15 to $30 m. Another example is, SB 16, which raises about $3-$4 Billion per year from a variety of sources, but solely for street, road and highway maintenance, nothing for improvements. 3. We conceptually support the measures identified by Assembly Member Baker and yourself, with particular support for: a. Additional CEQA relief b. Restore Vehicle Weight Fees for street, road and highway repair. (i.e. SCA 7) c. Removing the sunset date for Public Private Partnerships. d. Increasing the efficiency of the transportation development process (SB 16, requires Caltrans to submit a plan to achieve a 30% increase in efficiency). e. Dedicating more Cap and Trade Funding for transportation purposes, addressing the remaining 40% of C&T funds that are outside the required set-asides. f. Restoring the independence to the California Transportation Commission. 4. Other measures for consideration: a. Further funding from Cap and Trade as a result of modifications to the Affordable Housing and Sustainable Communities (AHSC) Program. We concur with the Southern Californian Association of Governments (SCAG) that the AHSC is primarily funding affordable housing projects. We concur with their proposal that the funding should be split 50/50 into an affordable housing AND transportation program. b. Resolve the “Gas Tax Cut”: Effective July 1, the state’s gas tax was cut by 6 cents a gallon pursuant to state law enacted as part of the gas tax swap. Without a fix, this cut is anticipated to reduce funding to cities and counties for local streets and roads by $470m/year statewide and has the effect of cutting the STIP to zero funding as noted above. SB 321 (Beall) addresses this in part by averaging the reduction over several years reducing the cut to 3 cents. This still results in a significant cut in revenue at a time when we need to increase revenue. It would be better to eliminate the gas/tax swap and shift back to a sales tax on the gallon of fuel. c. Shift the 12.5 cents per gallon excise tax (previously 18.5 cents) to the original 4.75% sales tax on fuel allowing for an increase in revenue as the price of oil increases. 5. Some of the revenue enhancements included in SB 16 and in Speaker Atkins proposal. There seems to be some validity in sharing the pain of revenue sources through a variety of mechanisms. On June 4, our Board supported SB 16 on a split vote. Key suggestions: a. Provide a mechanism to collect revenue from electric cars or other non-gasoline or diesel fuel powered vehicles. b. Some increase in the gas and diesel excise tax, and vehicle license fee. c. Accelerate General Fund Loan repayment (Outstanding loans exceed $1B). d. Redirect the truck weight fees back to transportation, as noted above. B-3-11 e. Increase efficiency of Caltrans Project Delivery Process. 6. Self Help Counties: As you are aware, 20 counties have passed measures for transportation purposes. We support the provision in SB 16 to set aside 5% of the revenues as an incentive for those counties, such as ours, to pass a measure. A change to a 55% threshold, similar to school bonds, will increase the likelihood that voters in most of the remaining counties would pass such a measure. We hope this input is helpful as you participate in the special session. We look forward to seeing the results of the session and hope it addresses the needs for transportation funding in a comprehensive manner. If you have any questions regarding any of the above, feel free to have your staff contact me at 805/781- 4219. Sincerely, Ronald L. De Carli, Executive Director San Luis Obispo Council of Governments (SLOCOG) c. District Staff B-3-12 Attachment 6 B-3-13 B-3-14 Attachment 7 B-3-15 B-3-16 SUMMARY SCOPE OF SERVICES FOR DEL RIO ROAD/US 101 INTERCHANGE PHASE 2   2015-09-10 Phase 2 Scope of Services.doc Page 1 of 16 The Wallace Group Team has been working with the City on the development of the project through the Caltrans Project Development process. The key firms involved include Wallace Group as the Prime Consultant, Caltrans Coordination lead, design and consultant team leader, Kittelson Associates Inc (KAI) as the lead traffic analysis and peer review team member for roundabouts, Quincy Engineering Inc (QEI) as a structures design specialist and production support team member, First Carbon Solutions (FCS) for environmental studies and clearance documentation, Earth Systems Pacific (ESP) as the lead geotechnical and hazardous material study team member, Pacific Coast Survey and Design (PCSD) for additional survey service support and Hamner Jewell Associates (HJA) for Right of Way support. HJA services have been used in the initial phase and their additional support during Phase 2 is optional and not included in the current budgeting. The Consultant team Project Manager is Mr. Jorge Aguilar, PE. He has over 25 years of transportation expertise focused on Caltrans and local road and bridge projects with the majority of his work accomplished in the District 5 area which includes the County of San Luis Obispo. Key to delivery of this phase is continuity of key staff and positive relations with Caltrans District 5 and San Luis Obispo Council of Governments (SLOCOG) staff. Support for the project from these key stakeholders best positions the funding prospects for the project in the regional programming cycle. The following is a summary of the proposed scope of work to progress the project from the Project Study Report (PSR) phase to and through the Project Report (PR) and Environmental Document (ED) phase. A Caltrans signed PR and ED constitute Caltrans Project Approval (PA) which typically termed the PAED phase. It is the intent of this phase to produce project deliverables that overlap with the initial final design or Plans, Specifications and Estimate (PS&E) phase of the project that follows. The listed tasks and descriptions result from a customized blend of our approach and some traditional tasks for the completion of a PSR and PAED. TASK 01 – PROJECT MANAGEMENT AND QUALITY ASSURANCE This task is focused on project management and coordination of internal and external team member functions. Our Project Understanding and Approach is an integral part of our scope of work and as such the conditions stated therein are hereby incorporated into this scope. We anticipate up to an 18 month schedule for the project to deliver this phase, the management and coordination tasks are defined and budgeted with this understanding. Project budget will be monitored cumulatively as task budgets are expected to vary within the total project budget. Primary components of this task will include: Administration of contractual and financial functions, schedule, invoicing and budget monitoring, Status reports will be prepared on a monthly basis to accompany invoicing for services. City and Consultant team coordination communications. This will include the preparation of a key team member contact list and ongoing consultations SUMMARY SCOPE OF SERVICES FOR DEL RIO ROAD/US 101 INTERCHANGE PHASE 2   2015-09-10 Phase 2 Scope of Services.doc Page 2 of 16 Quality Assurance and Control for our internal products will also be accomplished with this task and will include report and plan reviews. Overall team Quality Assurance will be performed on the deliverables produced. This QA function will include the production of the “Design Checklist” per Caltrans Design Information Bulletin (DIB) 78 requirements for the PSR and the PAED phase. Constructability reviews are often differentiated from the Quality Assurance role. We treat the construction feasibility and improvement process seriously and assign an experienced staff member to take an objective review of the design at various milestones. The overall plan is available for review in our offices and will be a part of the project files. Deliverables: Status reports and invoicing, Schedule and updates Project Management/Quality Assurance/Control Plan Design Checklist TASK 02 – PDT AND CITY MEETINGS This task is primarily focused on initiating and continuing the formal coordination process with Caltrans and the with the appropriate City stakeholders, as determined by the City Project Manager (PM). A Cooperative Agreement between the City and Caltrans for the Project Initiation Development (PID) phase has been approved. Another Cooperative Agreement will be developed for the PAED phase. The Wallace Group PM will assist the City in the process of reviewing the terms of a Caltrans standard Cooperative Agreement for the review of the project through the Caltrans process. This is an indeterminate effort that is budgeted at up to 10 hours of support time. The Project Charter has been developed and a Core PDT leadership team has been established for the project. The Caltrans PM, City PM and the Consultant PM have been working together to move the project forward. The Core PDT will continue to work together through the completion of the PSR and the PAED phase of the project. Caltrans meetings will be coordinated to include notices and agendas, running of the meetings, and distribution of meeting notes that will include action items. Wallace Group staff will participate in up to 7 Caltrans meetings on behalf of the City (QEI staff anticipates 3 trips to participate in up to 3 Caltrans meetings and KAI anticipates up to 5 trips to participate at up to 5 meetings as a part of this task). City meetings will be coordinated as part of the trips to participate in the Caltrans meeting. Deliverables: Meetings (7 Caltrans, 7 City, participation as listed), Meeting Agendas and Notes SUMMARY SCOPE OF SERVICES FOR DEL RIO ROAD/US 101 INTERCHANGE PHASE 2   2015-09-10 Phase 2 Scope of Services.doc Page 3 of 16 TASK 03 – PSR A Draft PSR has been prepared conforming to the March 20, 2014 update of “Appendix L - Preparation Guidelines for Project Study Report” contained in the Caltrans Project Development Procedures Manual (PDPM). The PSR includes the following sections: 1. Introduction 2. Background 3. Purpose and Need 4. Deficiencies 5. Corridor and System Coordination 6. Alternatives 7. Community Involvement 8. Environmental Determination/Documentation 9. Funding/Programming 10. Schedule 11. Risks 12. FHWA Coordination 13. Project Reviews 14. Project Personnel 15. Attachments  Location or vicinity map  Alternative Preliminary Geometrics  Preliminary Environmental Analysis Report (PEAR)  Structures Advance Planning Studies  Risk Register  Project Programming Request Storm Water Data Report Signature Sheet  Right-of-Way Data Sheet and Conceptual Cost  Eleven-Page Cost Estimates  Traffic Operations Analysis Report  Executed Cooperative Agreement  Life Cycle Cost Analysis Caltrans review of the Draft PSR is expected to result in up to two rounds of comments from Caltrans on the Draft PSR before the PSR is finalized. The following items have been incorporated into the PSR in some detail. These items will be further refined as the project progresses from the PSR to the Project Report. Alternatives The Wallace Group team completed the preparation of the Intersection Control Evaluation (ICE) and the Caltrans Project Development Team (PDT) approved the ICE. The ICE concluded that the roundabout alternatives were superior to the SUMMARY SCOPE OF SERVICES FOR DEL RIO ROAD/US 101 INTERCHANGE PHASE 2   2015-09-10 Phase 2 Scope of Services.doc Page 4 of 16 signalized alternative and therefore, the signalized alternative was dropped from consideration. We anticipate that as Caltrans reviews the PSR, minor refinements and additional work are anticipated in this task. Storm Water Data Report Because this project will take place within Caltrans right-of-way, Caltrans requires the preparation of a Storm Water Data Report (SWDR) to document the decision making process associated with storm water best management practices (BMP) implementation and to serve as a basis for Caltrans’ compliance and monitoring program. A SWDR has been prepared and included in the Draft PSR. We anticipate that revisions will be requested by Caltrans as they complete their review of the PSR. Cost Estimates Our team has developed construction quantities and prepared Caltrans standard eleven-page cost estimates for each of the alternatives. This scope includes revisions to the eleven-page cost estimates which will be included in the Final PSR. We have prepared other supporting studies in support of the PSR such as ROW Data sheets and Life Cycle Cost Analysis. These studies may need to be revised based on Caltrans review of the PSR. Comments to the Draft PSR from the PDT for the purposes of gathering comments. A formal comment/resolution sheet will be provided from each review and accompany each subsequent submittal. This will ensure proper documentation of comments and that all comments are addressed. This scope allows for addressing comments from the Administrative Draft PSR and Draft PSR submittals. The Final PSR will be submitted as a signature ready copy for Caltrans to approve. Deliverables: Draft PSR (26 copies, 1 pdf) Signature ready Final PSR (2 copies, 1 pdf) TASK 04 – ENVIRONMENTAL DOCUMENT AND TECHNICAL STUDIES The Wallace Group team will coordinate with the City and the First Carbon Solutions (FCS) (formerly Michael Brandmand Associates) staff to prepare the technical studies and environmental document for the Caltrans environmental clearance process. Caltrans environmental clearance process is managed through the District 5 and Central Region review staff thus engaging with the Office Chief and the Branch Chief for environmental review. It is up to the District level level environmental reviewers to recommend that the existing draft document be forwarded to the Central Region for review. The environmental clearance process will be the critical path in the schedule to get Caltrans Approval for the project and District 5 Director signature on the Project Report. The Wallace Group Project Manager will meet with City and FCS representatives in person an/or via teleconference on a regular basis to keep the coordination moving forward for the life of the environmental clearance activities. SUMMARY SCOPE OF SERVICES FOR DEL RIO ROAD/US 101 INTERCHANGE PHASE 2   2015-09-10 Phase 2 Scope of Services.doc Page 5 of 16 FCS has completed the Draft PEAR and has responded to one round of comments from Caltrans on the PEAR. We anticipate one additional round of comments from Caltrans on the PEAR. ENVIRONMENTAL TECHNICAL STUDIES Based on Caltrans comments on the PEAR, FCS is recommending the following technical studies be prepared to support the Initial Study/Environmental Assessment (IS/EA). Air Quality/Greenhouse Gas Emissions FCS will use the San Luis Obispo County Air Pollution Control District CEQA Guidelines as the basis for assessing air quality and greenhouse gas emissions impacts, including the document’s recommendations for analytical approaches, thresholds, and—if necessary—mitigation measures. FCS will model construction and operational criteria pollutant emissions using the applicable computer model. In addition, FCS will model and evaluate the proposed project’s greenhouse gas emissions, including consistency with applicable strategies intended to reduce such emissions. FCS will summarize the results of the analysis in the MND and will include the air quality modeling data as an appendix to the MND. Hot Spot and MSAT Analysis FCS will also prepare a technical analysis providing the results of the hot spot and MSAT analysis. The report will use the Caltrans Standard Environmental Reference guidance for content and analysis procedures; specifically, Chapter 11 – Air Quality. The report will include an evaluation of regional emissions, a qualitative particulate matter (PM10 and PM2.5) hot spot analysis, a qualitative carbon monoxide (CO) hot spot analysis, a qualitative mobile source air toxics (MSAT) analysis, and a naturally occurring asbestos analysis. Biological Resources Natural Environment Study FCS will prepare a Natural Environment Study (NES) to evaluate the potential presence of special-status biological resources within the project vicinity. The NES will involve the following activities:  Prepare the NES by conducting a query of the California Natural Diversity Database (CNDDB), the US Fish and Wildlife Service (USFWS) species list, and other pertinent databases to determine the extent of sensitive and protected species.  Establish the Biological Study Area (BSA) and confirm this area with Caltrans staff. SUMMARY SCOPE OF SERVICES FOR DEL RIO ROAD/US 101 INTERCHANGE PHASE 2   2015-09-10 Phase 2 Scope of Services.doc Page 6 of 16  Identify, in accordance with Caltrans environmental review procedures, any existing vegetation communities and sensitive plants and wildlife identified onsite (a map of vegetative communities and sensitive species will be included).  Incorporate findings from the Biological Reconnaissance that will determine the presence or potential for listed, proposed, and candidate endangered and threatened species to occur within the BSA. The identification of any sensitive and/or special-status plant or wildlife species onsite or immediately adjacent to the BSA will be noted and their locations will be recorded, for submittal with the NES/MI.  Discuss sensitive plants and wildlife in the region that were not identified onsite and document the findings of any previous biological studies prepared within the BSA.  Based on findings, discuss impact avoidance and minimization measures to be employed including but not limited to: part of project development design, work windows, exclusionary and signed fencing, pre-construction surveys and on-site construction monitoring.  If required, compensatory mitigation approved by Caltrans will be discussed.  The potential for cumulative impacts to native species and natural communities will be discussed for current, future and reasonably foreseeable actions in or near the BSA. Cumulative impacts will be addressed based on CEQA, NEPA and the Federal Endangered Species Act respective of the definition of cumulative impacts per state and federal act.  A summary section will detail desktop and field survey conclusions and will discuss consultations, determinations, and coordination with state and federal regulatory agencies based on state and federal environmental laws. FCS will summarize the NES in the Initial Study/Mitigated Negative Declaration and include the complete technical report as an appendix. Wetlands - Jurisdictional Delineation As required by Caltrans, FCS will conduct a formal jurisdictional delineation of waters of the United States, including wetlands, to determine the location and extent of federally jurisdictional features within the project site. The tasks involved in the completion of the jurisdictional delineation are defined below. It should be noted that regulatory agencies make the ultimate determination of jurisdiction and, therefore, these findings will require agency concurrence. Wetlands Delineation. An FCS qualified biologist and trained delineator will delineate the extent of any area potentially subject to agency jurisdiction within the project site. The delineation will be conducted in accordance with the 1987 USACE Wetland Delineation Manual (1987 Manual), the USACE Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region, December 2006, as well as guidance documents and notices released by USACE. All delineated features will be recorded within sub-meter accuracy. For linear features, measurements of any jurisdiction would be taken at periodic intervals along the feature and mapped onto a 1”=200’ scale topographic map. The data would be used SUMMARY SCOPE OF SERVICES FOR DEL RIO ROAD/US 101 INTERCHANGE PHASE 2   2015-09-10 Phase 2 Scope of Services.doc Page 7 of 16 to prepare jurisdictional maps and the delineation report. Any potential for on-site mitigation would be noted. Wetlands Delineation Report. A qualified biologist and trained delineator will prepare a delineation report detailing the methodology and results of the delineation. The report will document the extent of any potentially jurisdictional features, the quality of those features, and assess wetland related biological resources. The report will include field data sheets (as an appendix); color photographs of representative jurisdictional areas; a map (at the scale required by USACE) of the limits of jurisdictional areas, including points at which measurements were made and diagnostic soil pits examined; and, if applicable, a table showing the area of agency jurisdiction for each feature. Aquatic Habitat Field Verification. A qualified biologist will coordinate with the appropriate regulatory agencies during the course of satisfying the delineation requirement and maintain a close working relationship with the client in order to satisfy project objectives and attend a half-day field meeting to review and discuss site conditions with staff of the regulatory agencies. Cultural Resources FCS will conduct a cultural resources study in compliance with the California Environmental Quality Act (CEQA) and the Caltrans Standard Environmental Reference (SER) Volume 2: Cultural Resources. The scope of work consists of tasks required to complete the following deliverables: 1) Project Area Limits map; 2) Archaeological Survey Report; and 3) Historical Resources Compliance Report. It is FCS’ understanding that compliance with Section 106 of the National Historic Preservation Act is not required at this time and that Caltrans has determined there is no potential for historic-period built environment resources to be impacted by the proposed project, negating the need for preparation of a Historical Resources Evaluation Report. Project Area Limits FCS will prepare the Project Area Limits (PAL) map for review and approval by Caltrans after receiving a suitable base map from the City of Atascadero. FCS assumes the PAL will undergo two reviews by Caltrans before the PAL is accepted as final and signed. Archaeological Survey Report FCS will prepare the Archaeological Survey Report (ASR) that documents methods and findings in regard to the effort to identify archaeological resources in the PAL. FCS assumes the pedestrian survey of the project area conducted by FCS in 2013 remains valid so a renewed survey is not necessary. The ASR will require an updated records search at the Central Coast Information Center, compliance with AB52, and a request for relevant historical information from local historical societies. FCS assumes the records search will be conducted by Information Center staff and a rapid request response will not be required. FCS also assumes that FCS will assist the City in complying with AB52 to the point of requesting a list of California Native American tribes from the Native American Heritage Commission, drafting letters to California SUMMARY SCOPE OF SERVICES FOR DEL RIO ROAD/US 101 INTERCHANGE PHASE 2   2015-09-10 Phase 2 Scope of Services.doc Page 8 of 16 Native American tribes, compiling responses, and providing recommendations to the City as to how to proceed. Historical Resources Compliance Report FCS will prepare the Historical Resources Compliance Report, which summarizes all tasks completed for the cultural resources study and supports CEQA findings. FCS assumes figures required for the HRCR and ASR will be limited to a Project Vicinity Map, Project Location Map, and a PAL. FCS will summarize the ASR and HRCR in the IS/MND and include supporting documentation in an appendix. Visual Impact Analysis (abbreviated) FCS will prepare an abbreviated Visual Impact Assessment to briefly describe project features, impacts and mitigation requirements. FCS will prepare up to four (4) computer-generated visual simulations to depict the interchange improvements from publicly accessible viewpoints (northbound and southbound on US 101; eastbound and westbound on Del Rio Road). The images will present “before” and “after” conditions to allow comparison of how the proposed improvements would alter the visual setting. Noise FCS will prepare a Noise Study Report (NSR) in accordance with Caltrans SER Volume 1 Chapter 12, Caltrans Traffic Noise Analysis Protocol (May 2011), FHWA’s updated regulations, and NEPA guidelines to assess the potential effects of the proposed project on existing and future noise conditions. Noise measurements will be conducted along with concurrent traffic counts at representative sensitive receptor locations in the vicinity of the proposed project. The most recent version of the U.S. Federal Highway Administration approved Traffic Noise Model (currently TNM 2.5), will be used to evaluate the traffic noise levels associated with existing conditions, the future No Build conditions, and the Build condition. Noise impacts from construction sources will also be analyzed based on the sensitivity of the area and the requirements of the applicable City Noise Ordinances and in accordance with Caltrans construction noise impact guidelines. Avoidance, minimization, and mitigation measures will be identified to address potential adverse project related short-term construction noise impacts on sensitive receptors. A draft and final Noise Study Report will be prepared that discusses the findings of the field investigations, noise modeling, and barrier analysis using the latest available template provided on the Caltrans’ Standard Environmental Reference website. If impacts are identified, noise abatement measures must be considered. Specifically, the feasibility of the noise abatement measures must be evaluated and a preliminary reasonableness analysis provided for each proposed measure. However, based on FCS’s preliminary review of the project, it is anticipated that will not be identified due to the nature of the project site. According to Caltrans guidelines, if no impacts are identified, then only the preparation of a noise abatement decision memorandum is required. Therefore, this scope of work only includes preparation of SUMMARY SCOPE OF SERVICES FOR DEL RIO ROAD/US 101 INTERCHANGE PHASE 2   2015-09-10 Phase 2 Scope of Services.doc Page 9 of 16 a noise abatement decision memorandum that would outline the exemption of the project from further detailed abatement analysis. However, if a detailed noise abatement decision report (NADR) is determined to be necessary, a scope and budget augment can be provided to include the preparation of a NADR. Hazardous Materials Initial Site Assessment A Hazardous Materials Initial Site Assessment for the ramp and interchange structure area will be prepared by Earth Systems Pacific. As the geotechnical team is already needed to support the design functions as directed by the emerging details it is natural that the geotechnical team doing that work also conduct the anticipated soil (such as for Aerially Deposited Lead) and groundwater assessment in the interchange area. We are proposing to provide an Initial Site Assessment (ISA) for the interchange project. Our scope of work will be performed in general accordance with the guidance contained the Caltrans Preliminary Environmental Analysis Report (PEAR) handbook. Our scope will include the following tasks:  Perform a site reconnaissance by a Certified Engineering Geologist to assess the potential for contamination in the project area  Research of available documentation and databases related to the site and adjacent property uses  Preparation of an ISA report intended to be used by FCS for the Environmental Document During our site reconnaissance, we will note physical evidence of potential contamination or possible sources of contamination. Local government agencies or site personnel (if applicable) will be contacted regarding present and past site uses. The site will be photographed at that time for future reference. Adjacent site uses will also be observed, to evaluate their potential for impact on the project. Determination of adjacent site uses will be made from public properties or roadways. Regulatory agency databases will be reviewed to ascertain whether known or suspected environmental impairments are present on or around the property. Preparation of a report summarizing the results of the ISA will be prepared following our research. The report will include findings of the site reconnaissance and site use history research, identify areas within the project boundaries with a potential for soil or groundwater contamination, as well make recommendations for a Preliminary Site Investigation (PSI), if deemed appropriate. Traffic Analysis Traffic Impacts during the construction of the project will be analyzed during this task. This will include assessing the impacts of the expected closure of Del Rio Road during the reconstruction of the Del Rio Road/US 101 interchange. Analysis could include items such as traffic operations assessments, considering construction sequencing and traffic flows, signalization and coordination and other freeway ramp terminal intersection evaluation and assessment. SUMMARY SCOPE OF SERVICES FOR DEL RIO ROAD/US 101 INTERCHANGE PHASE 2   2015-09-10 Phase 2 Scope of Services.doc Page 10 of 16 First Administrative Draft Initial Study/Environmental Assessment (City of Atascadero and Wallace Group) FCS will prepare a combined Initial Study/ Environmental Assessment using the Caltrans annotated outline for an IS/EA. FCS will submit the First Administrative Draft IS/EA for review by the City and Wallace Group. The IS/EA format will follow the annotated outline provided on the Caltrans Standard Environmental Reference (SER), and it will be adequately supported by exhibits (including color GIS mapping, as appropriate). These sections will: 1. Review the project in light of information, conclusions, and mitigation measures included in the current Technical Studies. 2. Identify any impacts and corresponding project-level mitigation measures to reduce such impacts to less than significant levels. The intent of the First Administrative Draft is to allow Wallace Group and City to internally review the IS/EA for accuracy and completeness prior to submitting to Caltrans for review. Deliverables  Three (3) hard copies (appendices on CD) and one (1) electronic version (via email) of the Administrative Draft IS/EA to City of Atascadero and Wallace Group. Second Administrative Draft Initial Study/Mitigated Negative Declaration (City of Atascadero, Wallace Group, and Caltrans) FCS will respond to one set of City and Wallace Group comments on the Administrative Draft IS/EA, and then will complete a Second Administrative Draft IS/EA, which will be submitted to the City of Atascadero, Wallace Group, and Caltrans for review and comment. Deliverables  Three (3) hard copies (appendices on CD) and one (1) electronic version (via email) of the Administrative Draft IS/EA to Wallace Group  Three (3) hard copies (appendices on CD) and one (1) electronic version (via email) of the Administrative Draft IS/EA to City of Atascadero  Up to ten (10) hard copies (appendices on CD) and one (1) electronic version (via email) of the Administrative Draft IS/EA to Caltrans SUMMARY SCOPE OF SERVICES FOR DEL RIO ROAD/US 101 INTERCHANGE PHASE 2   2015-09-10 Phase 2 Scope of Services.doc Page 11 of 16 Draft Initial Study/Environmental Assessment Following receipt of comments from the Wallace Group, City of Atascadero, and Caltrans, FCS will complete revisions and prepare the Draft IS/EA. A red-line, strike-out version of the IS/EA will be provided to Wallace Group, City of Atascadero, and Caltrans prior to public release of the Draft IS/EA to document how comments on the Second Administrative Draft IS/EA were addressed; however, the intent is not to solicit new comments. Additional rounds of review can be provided subject to a scope and budget modification. FCS will prepare and distribute copies of the Draft IS/EA to responsible agencies and the public for a 30-day public review period. Technical studies will be included as appendices with the Draft IS/EA for distribution. To reduce document production and distribution costs, technical appendices will be provided in CD. FCS will provide 15 copies of the Draft IS/EA and the Notice of Completion form to the State Clearinghouse to formally commence the 30-day review period. This scope of work assumes that the City of Atascadero will be responsible for local noticing of the availability of the Draft IS/EA, including but not limited to, newspaper noticing or radius mailing. Deliverables  Three (3) hard copies (appendices on CD), one (1) reproducible master copy, and one (1) CD of the Draft IS/EA to Wallace Group  Ten (10) hard copies (appendices on CD), one (1) reproducible master copy, and one (1) CD of the Draft IS/EA to the City of Atascadero  Ten (10) hard copies (appendices on CD), one (1) reproducible master copy, and one (1) CD of the Draft IS/EA to Caltrans  Fifteen (15) CDs of the Draft IS/EA and completed Notice of Completion form to the State Clearinghouse (including appendices) Administrative Final Mitigated Negative Declaration/FONSI Although the CEQA Guidelines do not require lead agencies to prepare written responses to comments, given the level of agency and public interest in the Del Rio Road Commercial Area Specific Plan Project, it is anticipated that substantive comments will be received on the document. As such, FCS will prepare written responses to all comments submitted concerning the adequacy of the Draft IS/EA. This task includes submittal of a draft set of responses for review and comment by Wallace Group and City of Atascadero as well as one set of revisions in response to staff comments. Given the high level of uncertainty with respect to the volume and complexity of such comments, this task will be billed on a time-and-materials basis. An initial budget allocation has been established for this task, assuming 40 hours of SUMMARY SCOPE OF SERVICES FOR DEL RIO ROAD/US 101 INTERCHANGE PHASE 2   2015-09-10 Phase 2 Scope of Services.doc Page 12 of 16 combined FCS professional staff time, if additional time is required, we will approach the City to discuss how to proceed. Deliverables  One (1) electronic version (via email) of the Administrative Draft Responses to Comments to Wallace Group and City of Atascadero Final Mitigated Negative Declaration/FONSI FCS will compile the Final MND, which will include Responses to Comments and Errata. FCS will reproduce the Final MND in hard copy format and on CDs for City use and distribution. FCS will send Responses to Comments directly to public agencies that commented on the MND. This scope of work assumes that the City of Atascadero will be responsible for distribution of copies of the Final MND to private organizations and individuals who submitted comments. Deliverables  Three (3) hard copies, one (1) reproducible master copy, and one (1) CD of the Final IS/MND to Wallace Group  Ten (10) hard copies, one (1) reproducible master copy, and one (1) CD of the Final IS/MND to the City of Atascadero  Ten (10) hard copies, one (1) reproducible master copy, and one (1) CD of the FONSI to the Caltrans  One (1) CD containing the Final IS/MND to each public agency that commented in the Draft IS/MND (FCS to send direct) Prepare Mitigation Monitoring and Reporting Program FCS will prepare a comprehensive Mitigation Monitoring and Reporting Program (MMRP), pursuant to CEQA Guidelines Section 15097. The MMRP will contain all mitigation measures identified in the Draft IS/MND. This comprehensive MMRP will provide City of Atascadero and Caltrans staff with a single source of reference to the full range of mitigation measures to be implemented, to ensure achievement of the impact avoidance envisioned in the IS/MND. For each measure or group of similar measures, the agency responsible for ensuring proper implementation will be identified, along with the timing and method of verification. Copies of the MMRP will be included in the Final IS/MND submittal. SUMMARY SCOPE OF SERVICES FOR DEL RIO ROAD/US 101 INTERCHANGE PHASE 2   2015-09-10 Phase 2 Scope of Services.doc Page 13 of 16 Deliverables  Three (3) hard copies of the MMRP to Wallace Group (an electronic version will be provided on the same CD as the Final IS/MND)  Three (3) hard copies of the MMRP to the City of Atascadero (an electronic version will be provided on the same CD as the Final IS/MND)  Three (3) hard copies of the MMRP to Caltrans (an electronic version will be provided on the same CD as the Final IS/MND) Notice of Determination/Payment of Filing Fees FCS will prepare the Notice of Determination, which must be filed with the San Luis Obispo County Clerk’s Office within 5 business days of IS/MND certification. The purpose of the Notice of Determination filing is to limit the legal challenge period to 30 days. If a Notice of Determination is not filed within 5 business days of certification, the legal challenge period defaults to 180 days. The Notice of Determination filing requires payment of the California Department of Fish and Game CEQA filing fee (currently $2,101.50) and a County handling fee (currently $50). This scope of work assumes that the City of Atascadero staff will file the NOD with the San Luis Obispo County Clerk’s Office and pay the associated fees. TASK 05 – PROJECT REPORT PREPARATION Draft & Final Project Report A Project Report will be prepared in an overlapping manner with the PSR to incorporate the design findings and any necessary additional information from existing or supplemental environmental technical studies. We anticipate completing the following additional or refinement work or studies which will be included in the appropriate sections of the project report:  Preliminary construction staging and detour requirements  Refined alternative drawings (2 alternatives)  Summary of environmental studies Bridge Advanced Planning Study drawings  Construction cost estimate for each alternative  Schedule to complete final design and construction  30% Plans of the preferred alternative SUMMARY SCOPE OF SERVICES FOR DEL RIO ROAD/US 101 INTERCHANGE PHASE 2   2015-09-10 Phase 2 Scope of Services.doc Page 14 of 16 The Project Report will conform to the April 4th 2012 update of “Appendix K - Preparation Guidelines for Project Report” contained in the Caltrans PDPM. The Project Report is anticipated to include the following sections: 1. Introduction 2. Recommendation 3. Background 4. Need and Purpose a. Problem, Deficiencies, Justification b. Regional and System Planning c. Traffic 5. Alternatives a. Viable Alternatives b. Rejected Alternatives 6. Considerations Requiring Discussion a. Hazardous Waste b. Value Analysis c. Resource Conservation d. Right-of-Way Issues e. Environmental Issues f. Air Quality Conformity g. Title VI Considerations h. Noise Abatement Decision Report Section 7. Other Considerations As Appropriate 8. Programming 9. Reviews 10. Project Personnel 11. List of Attachments  Location or vicinity map  Draft Environmental Document (DED)  Typical Cross Sections  Structures Advance Planning Studies  Risk Register Storm Water Data Report Signature Sheet  Right-of-Way Data Sheet  Eleven-Page Cost Estimates  Traffic Operations Analysis Report  TMP Memo & Checklist SUMMARY SCOPE OF SERVICES FOR DEL RIO ROAD/US 101 INTERCHANGE PHASE 2   2015-09-10 Phase 2 Scope of Services.doc Page 15 of 16 Preliminary Geotechnical Analysis For accuracy in estimating a preliminary geotechnical analysis is included as an optional but recommended task. Potential geologic and geotechnical hazards and impacts such as slope instability, erosion, settlement, subsidence, expansive soils, and naturally-occurring asbestos will be evaluated and discussed. Potential seismic impacts, including nearby faults and the potential for seismic-related hazards such as fault rupture, ground shaking, liquefaction, lateral spreading, seismically-induced landslides, and seismically-induced settlement are required to be discussed. Preliminary seismic design values for structures will be prepared in accordance with the 2009 Caltrans Seismic Design Criteria. Where potentially significant impacts are identified, potential mitigation measures will be presented and recommendations for further study will be provided. This optional geologic/geotechnical study has been estimated at approximately nine thousand dollars and is included in our budget. Preliminary Drainage Study A preliminary evaluation of the hydrology and highway drainage associated with the preferred project alternative will be prepared. Caltrans drainage criteria established in Chapter 800 of the Highway Design Manual and regional requirements from Caltrans District 5 will be used to guide our preliminary drainage assessment. The goal will be to identify the need for roadside ditches, detention/retention basin, drainage inlets and piped systems. A preliminary drainage study will be developed to identify the level of drainage improvements and general placement of new drainage facilities that will need to be incorporated as part of this new interchange project. Fact Sheets for Non-Standard Design Features Our team will complete the DIB 78 Checklist for the existing and proposed project features. One checklist will be prepared that includes up to three alternatives, clearly identifying which alternatives have non-standard features. Based on the non-standard features identified in the DIB 78, we will coordinate with Caltrans to determine which non-standard items will be included in Mandatory or Advisory Fact Sheets. We will prepare draft and final Fact Sheets for Caltrans approval for each of the three alternatives. This report will be presented to and discussed with the City in draft form. The Wallace Group team will prepare and circulate the Draft Project Report to the PDT for the purposes of gathering comments. A formal comment sheet will be provided from each review and accompany each subsequent submittal. This will ensure proper documentation of comments and that all comments are addressed. All comments will be addressed and incorporated as appropriate into the final report. This scope allows for addressing comments from the Administrative Draft Project Report and Draft Project Report submittals. We will also address comments from Caltrans on the Draft Final Project Report prior to the Final Project Report being submitted as a signature ready copy to Caltrans. SUMMARY SCOPE OF SERVICES FOR DEL RIO ROAD/US 101 INTERCHANGE PHASE 2   2015-09-10 Phase 2 Scope of Services.doc Page 16 of 16 Deliverables: Administrative Draft PR (8 copies, 1 pdf) Draft PR (26 copies, 1 pdf) Draft Final PR (26 copies, 1pdf) Signature ready Final PR (2 copies, 1 pdf) TASK 06 – PUBLIC EDUCATION & OUTREACH The Wallace Group team has an extensive array of public outreach and education experience. Kittelson Associates also has wide variety of tools and techniques proven from other outreach efforts. We have supported and compiled videos, web sites, brochures, and other special outreach including 2-D models of roundabouts and student education work books that reach out to elementary age students. Should outreach services be desired by the City, our team would work with the City to develop a customized plan that takes advantage of the wealth of prior materials completed for others over the years. Deliverables: Key education and outreach materials (ie “Roundabouts: Another Safe Intersection”) Special user information brochure (ie cyclists) Web page content framework Roundabout 101 general public presentation TASK 07 – FUNDING ASSISTANCE Wallace Group has been working with the City and SLOCOG during the first phase of the project to identify potential state and federal funding opportunities to close the shortfall in funding for the project. During this task, our team will continue to work closely with the City and SLOCOG on closing the funding gap. Given the uncertain nature of this task we have a total budget of 40 hours. We will not exceed the 40 hours without written permission from the City. TASK 08 – EL CAMINO REAL AND DEL RIO ROAD ROUNDABOUT SUPPORT Wallace Group has been working with the City and Kimley-Horn (KHA) (Wal-Mart’s engineer) to review proposed modifications to the El Camino Real and Del Rio Road roundabout. As part of this task the Wallace Group team will continue to provide support to the City in the form of participating in conference calls with the City and KHA, reviewing traffic analysis prepared by KHA, reviewing conceptual roundabout layouts, preparing exhibits on behalf of the City, and working with adjacent property owners as directed by the City. Given the uncertain nature of this task, we will not exceed the budgeted amount shown without written permission from the City.