Grant: Safe Routes to Transit Initial Project Report for Ed Roberts Campus

Office of the City Manager CONSENT CALENDAR November 18, 2008 To: From: Honorable Mayor and Members of the City Council Phil Kamlarz, City Manager Submitted by: Claudette Ford, Director, Public Works Subject: Grant: Safe Routes to Transit Initial Project Report for Ed Roberts Campus RECOMMENDATION Adopt a Resolution authorizing the City Manager to: 1. Submit an Initial Project Report (IPR) to the Metropolitan Transportation Commission (MTC) regarding the $325,000 Safe Routes to Transit grant awarded in 2007 to the Safe Routes to Ed Roberts Campus/Ashby BART project; and 2. Execute and submit an IPR to enable allocation of Regional Measure 2 funds in the amount of $325,000 by MTC for the construction phase of the Ed Roberts Campus. FISCAL IMPACTS OF RECOMMENDATION The grant will provide the City $325,000 in Regional Measure 2 funds, which will be passed through to the Ed Roberts Campus (ERC) project. The grant program has no match requirement. An appropriate revenue code will be created once the grant is approved by MTC and a request for its allocation will be processed through the appropriation process. BACKGROUND Grant funds will be used to construct safety and access improvements to the ERC and the wider Ashby BART Station area through universally accessible site design, extensive bicycle, pedestrian and transit infrastructure improvements, and traffic calming elements. The City Council s resolution of project compliance must be submitted approximately 30 days prior to a requested MTC Commission action. MTC must receive a complete allocation package, including the Resolution and IPR before the allocation request can be included in MTC s Committee agenda for action. All funds will be distributed on a reimbursement basis after submittal of invoices. Project Sponsors may only begin incurring project costs as of the date the MTC Board 2180 Milvia Street, Berkeley, CA 94704 Tel: (510) 981-7000 TDD: (510) 981-6903 Fax: (510) 981-7099 E-Mail: manager@ci.berkeley.ca.us Website: http://www.ci.berkeley.ca.us/manager

approves the allocation of funds. No reimbursements will be made prior to the execution of a Funding Agreement. ALTERNATIVE ACTIONS CONSIDERED The City could opt to not request allocation of these funds, and MTC would reallocate the funds to another project in the Bay Area. CONTACT PERSON Phil Kamlarz, City Manager, 981-7000 Matt Nichols, Principal Planner, Department of Public Works, 981-7068 Attachments: 1: Resolution Exhibit A: Initial Project Report 2: Initial Project Report spreadsheet

RESOLUTION NO. GRANT: SAFE ROUTES TO TRANSIT INITIAL PROJECT REPORT FOR ED ROBERTS CAMPUS WHEREAS, SB 916 (Chapter 715, Statutes 2004), commonly referred as Regional Measure 2, identified projects eligible to receive funding under the Regional Traffic Relief Plan; and WHEREAS, the Metropolitan Transportation Commission (MTC) is responsible for funding projects eligible for Regional Measure 2 funds, pursuant to Streets and Highways Code Section 30914(c) and (d); and WHEREAS, MTC has established a process whereby eligible transportation project sponsors may submit allocation requests for Regional Measure 2 funding; and WHEREAS, allocations to MTC must be submitted consistent with procedures and conditions as outlined in Regional Measure 2 Policy and Procedures; and WHEREAS, the City of Berkeley is an eligible sponsor of transportation project(s) in Regional Measure 2, Regional Traffic Relief Plan funds; and WHEREAS, the Safe Routes to Ed Roberts Campus/Ashby BART project is eligible for consideration in the Regional Traffic Relief Plan of Regional Measure 2, as identified in California Streets and Highways Code Section 30914(c) or (d); and WHEREAS, the Regional Measure 2 allocation request, attached hereto in the Initial Project Report and incorporated herein as though set forth at length, lists the project, purpose, schedule, budget, expenditure and cash flow plan for which the City of Berkeley is requesting that MTC allocate Regional Measure 2 funds. NOW THEREFORE, BE IT RESOLVED that the City of Berkeley and its agents shall comply with the provisions of the Metropolitan Transportation Commission s Regional Measure 2 Policy Guidance (MTC Resolution No. 3636). BE IT FURTHER RESOLVED that the City of Berkeley certifies that the project is consistent with the Regional Transportation Plan (RTP). BE IT FURTHER RESOLVED that the year of funding for any design, right-of-way and/or construction phases has taken into consideration the time necessary to obtain environmental clearance and permitting approval for the project. BE IT FURTHER RESOLVED that the Regional Measure 2 phase or segment is fully funded, and results in an operable and useable segment.

BE IT FURTHER RESOLVED that the City of Berkeley approves the updated Initial Project Report, (Exhibit A) attached to this Resolution. BE IT FURTHER RESOLVED that the City of Berkeley approves the cash flow plan, attached to this resolution. BE IT FURTHER RESOLVED that the City of Berkeley has reviewed the project needs and has adequate staffing resources to deliver and complete the project within the schedule set forth in the updated Initial Project Report, attached to this resolution (Exhibit A). BE IT FURTHER RESOLVED that the City of Berkeley is an eligible sponsor of projects in the Regional Measure 2 Regional Traffic Relief Plan, Capital Program, in accordance with California Streets and Highways Code 30914(c). BE IT FURTHER RESOLVED that the City of Berkeley is authorized to submit an application for Regional Measure 2 funds for the Safe Routes to Ed Roberts Campus/Ashby BART in accordance with California Streets and Highways Code 30914(c). BE IT FURTHER RESOLVED that the City of Berkeley certifies that the projects and purposes for which RM2 funds are being requested is in compliance with the requirements of the California Environmental Quality Act (Public Resources Code Section 2l000 et seq.), and with the State Environmental Impact Report Guidelines (l4 California Code of Regulations Section l5000 et seq.) and if relevant the National Environmental Policy Act (NEPA), 42 USC Section 4-1 et. seq. and the applicable regulations thereunder. BE IT FURTHER RESOLVED that there is no legal impediment to the City of Berkeley making allocation requests for Regional Measure 2 funds. BE IT FURTHER RESOLVED that there is no pending or threatened litigation which might in any way adversely affect the proposed project, or the ability of the City of Berkeley to deliver such project. BE IT FURTHER RESOLVED that the City of Berkeley indemnifies and holds harmless MTC, its Commissioners, representatives, agents, and employees from and against all claims, injury, suits, demands, liability, losses, damages, and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any act or failure to act of the City of Berkeley, its officers, employees or agents, or subcontractors or any of them in connection with its performance of services under this allocation of RM2 funds. In addition to any other remedy authorized by law, so much of the funding due under this allocation of RM2 funds as shall reasonably be considered necessary by MTC may be retained until disposition has been made of any claim for damages.

BE IT FURTHER RESOLVED that the City of Berkeley shall, if any revenues or profits from any non-governmental use of property (or project) are collected, that those revenues or profits shall be used exclusively for the public transportation services for which the project was initially approved, either for capital improvements or maintenance and operational costs, otherwise the Metropolitan Transportation Commission is entitled to a proportionate share equal to MTC s percentage participation in the projects(s). BE IT FURTHER RESOLVED that assets purchased with RM2 funds including facilities and equipment shall be used for the public transportation uses intended, and should said facilities and equipment cease to be operated or maintained for their intended public transportation purposes for its useful life, that the Metropolitan Transportation Commission (MTC) shall be entitled to a present day value refund or credit (at MTC s option) based on MTC s share of the Fair Market Value of the said facilities and equipment at the time the public transportation uses ceased, which shall be paid back to MTC in the same proportion that Regional Measure 2 funds were originally used. BE IT FURTHER RESOLVED that the City of Berkeley shall post on both ends of the construction site(s) at least two signs visible to the public stating that the Project is funded with Regional Measure 2 Toll Revenues. BE IT FURTHER RESOLVED that the City of Berkeley authorizes its City Manager to execute and submit an allocation request for the construction phase with MTC for Regional Measure 2 funds in the amount of $325,000 for the project, purposes and amounts included in the project application attached to this Resolution. BE IT FURTHER RESOLVED that the City Manager is hereby delegated the authority to make non-substantive changes or minor amendments to the IPR as he/she deems appropriate. BE IT FURTHER RESOLVED that a copy of this resolution shall be transmitted to MTC in conjunction with the filing of the City of Berkeley application referenced herein.

EXHIBIT A Regional Measure 2 Initial Project Report (IPR) Project Title: RM2 Project No. Allocation History: #1: MTC Approval Date Amount Phase #2 #3 Total: $ No prior Allocations Current Allocation Request: IPR Revision Amount Being Phase Requested Date Requested 10-10-08 $325,000 CON I. OVERALL PROJECT INFORMATION A. Project Sponsor / Co-sponsor(s) / Implementing Agency City of Berkeley / BART B. Project Purpose The Ed Roberts Campus (ERC) is a transit-oriented development being built on part of the east side of the Ashby BART station to provide services and programs to people with disabilities. The proposed project will improve safety and access to the ERC and the wider Ashby BART Station area through universally accessible site design, extensive bicycle, pedestrian and transit infrastructure improvements, and traffic calming elements.

C. Project Description (please provide details) Project Graphics to be sent electronically with This Application The Ed Roberts Campus (ERC)/Ashby BART Station Intermodal Improvements project is a model of a Transit-Oriented Development that goes well beyond ADA requirements and results in improvements that will benefit many thousands of people with disabilities, seniors, and other community members. The ERC is an important model of destination transit-oriented development, Moving these services to an accessible facility at a regional transit hub will enable the majority of the visitors and clients of the ERC to come by public transit. This project links the ERC to BART, AC Transit fixed route bus service, paratransit, two local shuttles, taxis and two international airports. In addition, this transit-oriented development will help to revitalize the community surrounding the Ashby BART Station, improving multi-modal access and interconnectivity, calming traffic around the BART station, providing employment, and greatly improving access for people with disabilities and seniors throughout the Bay Area to critical services and programs. Today, Adeline Street is a forbidding street to cross for pedestrians, especially seniors, children and the disabled. Its six lanes of traffic carry 35,000 cars per day at an average speed of 34 miles per hour, significantly higher than the posted 25 mph speed limit. The project includes significant safety and access improvements that will slow traffic and improve pedestrian safety and access. The intermodal use of the station will be enhanced with new signage and curb markings to facilitate bicycle, bus, taxi, paratransit shuttle, and kiss and ride activity. Today, the BART parking lots on each side of the Ashby BART Station, located below Adeline Street, effectively cut off the commercial districts at Adeline-Alcatraz to the south and Adeline-Ashby to the north, creating a dead, unwelcoming streetscape. The construction of the Ed Roberts Campus will fill that void on the eastern side of Adeline with a public plaza, improved transit interconnectivity, bicycle and pedestrian access, public parking and the ERC community center and café. Detailed Scope The Project consists of the following major building elements: 1. ERC Building and General Site - A two-story, approximately 80,000 square feet structure housing seven or more nonprofit organizations, a fully accessible fitness center, child development center, community meeting rooms, computer labs and a café. The ERC will co-locate services and programs for people with disabilities that are now scattered throughout Alameda County. 2. Parking Garage - A below-grade public parking facility (118 stalls/154 cars; approximately 52,000 square feet; partially underground).

3. Pedestrian/transit access and safety improvements (Safe Routes to Transit funds will be applied to this element): BART/ERC Pedestrian Access from Tremont - A new pedestrian thoroughfare from Tremont Street to the east, level with Adeline Street. Improvements include new lights and landscaping; new driveway off Adeline Street; restriping, regrading & storm water drainage in the BART parking lot surrounding the ERC. Also includes a new staircase and ramp from Tremont Street to BART via pedestrian pathway. BART/ERC Lower Pedestrian Concourse - A crescent shaped concourse linking the ERC and BART. The concourse creates a public lobby between them and provides access to the new Adeline Street stair and elevator. The concourse, which will be universally designed, will provide an attractive, welcoming and safe environment to both BART and the ERC. BART/ERC Elevators and Subgrade Elevator Lobby - The elevator lobby will be located within the ERC at the garage level. There will be two universallydesigned elevators providing vertical access from the Ashby BART Station/garage level, which is below Adeline Street, to the ERC s main floor, which will be located level with Adeline BART/ERC Pedestrian Access from Adeline - Improvements include the addition of bicycle wayfinding signage, construction of a new exterior staircase and elevator connecting Adeline Street to the lower pedestrian concourse, a new crosswalk on Adeline Street, bollards with audio/light activation buttons designed for people with vision and hearing disabilities, and a median refuge. In addition, traffic will be further calmed by new sidewalk bulb-outs at each end of the crosswalk, as well as at the corner of Adeline and Woolsey. The streetscape along Adeline will be further improved with the addition of new pedestrian-scale lighting, street trees, curb-cuts and bulbouts. The intermodal focus will be emphasized with the creation of the Adeline Street Transit Plaza. D. Impediments to Project Completion No known impediments. The construction contract was awarded on August 5, 2008. E. Operability Once construction is completed, the facility will be owned by the ERC. Improvements to public elements owned by the City of Berkeley and by BART will be owned and maintained by the respective agencies. II. PROJECT PHASE DESCRIPTION and STATUS F. Environmental Does NEPA Apply: Yes No NEPA document - FONSI: Approved by HUD June 27, 2006 FTA Concurrence October 1, 2007 G. Design

PS&E completed August 2007 H. Right-of-Way Activities / Acquisition ROW acquisition completed August 2008 I. Construction / Vehicle Acquisition - Construction Contract awarded August 5, 2008 J. Project Budget (Escalated to year of expenditure) Total Amount - Escalated - Phase (Thousands) Environmental Studies & Preliminary Eng (ENV / PE / PA&ED) 750 Design - Plans, Specifications and Estimates (PS&E) 2,250 Right-of-Way Activities /Acquisition (R/W) 217 Construction / Rolling Stock Acquisition (CON) 37,783 Total Project Budget (in thousands) 41,000 K. Project Budget (De-escalated to current year) Total Amount - De-escalated - Phase (Thousands) Environmental Studies & Preliminary Eng (ENV / PE / PA&ED) 750 Design - Plans, Specifications and Estimates (PS&E) 2,250 Right-of-Way Activities /Acquisition (R/W) 217 Construction / Rolling Stock Acquisition (CON) 37,783 Total Project Budget (in thousands) 41,000 IV. OVERALL PROJECT SCHEDULE Planned (Update as needed) Phase-Milestone Start Date Completion Date Environmental Document 10/01 06/06 Environmental Studies, Preliminary Eng. (ENV / PE / PA&ED) 09/00 06/06 Final Design - Plans, Specs. & Estimates (PS&E) 08/02 08/07 Right-of-Way Activities /Acquisition (R/W) Construction (Begin Open for Use) / Acquisition / Operating Service (CON) 03/08 08/08 08/08 02/10

V. ALLOCATION REQUEST INFORMATION L. Detailed Description of Allocation Request Amount being requested (in escalated dollars) $325,000 Project Phase being requested CON Are there other fund sources involved in this phase? Yes No Date of anticipated Implementing Agency Board approval the RM2 IPR Resolution for the allocation being requested Month/year being requested for MTC Commission approval of allocation M. Status of Previous Allocations (if any) No previous allocations N. Workplan Workplan in Alternate Format Enclosed TASK Completion NO Description Deliverables Date 1 Construction Contract Acceptance 05/10 O. Impediments to Allocation Implementation No known impediments. VI. RM-2 FUNDING INFORMATION P. RM-2 Funding Expenditures for funds being allocated The companion Microsoft Excel Project Funding Spreadsheet to this IPR is included Next Anticipated RM-2 Funding Allocation Request No additional allocations planned. VII. GOVERNING BOARD ACTION Check the box that applies:

Governing Board Resolution attached Governing Board Resolution to be provided on or before: November 19, 2008 (October 29, 2008?)

VIII. CONTACT / PREPARATION INFORMATION Contact for Applicant s Agency Name: Matt Nichols Phone: 510-981-7068 Title: Principal Transportation Planner E-mail: mnichols@ci.berkeley.ca.us Address: City of Berkeley Public Works Dept. 2180 Milvia Street Berkeley, CA 94704 Information on Person Preparing IPR Name: Matt Nichols Phone: 510-981-7068 Title: Principal Transportation Planner E-mail: mnichols@ci.berkeley.ca.us Address: City of Berkeley Transportation Dept. 2180 Milvia Street Berkeley, CA 94704 Applicant Agency s Accounting Contact Name: Lisa Malek-Zadeh Phone: 510-981-6306 Title: Senior Budget Specialist E-mail: lmalek-zadeh@ci.berkeley.ca.us Address: City of Berkeley Public Works Dept. 2180 Milvia Street Berkeley, CA 94704 Revised IPR 120905.doc

RM-2 Initial Project Report ATTACHMENT 2 TOTAL PROJECT FUNDING PLAN (Amounts Escalated in Thousands) Project Title: Safe Routes to Ed Roberts Campus/Ashby BART Project ID: Agency: City of Berkeley Date: 11/7/2008 TOTAL PROJECT: COMMITTED + UNCOMMITTED+ TO BE DETERMINED Fund Source Phase Prior 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 Future TOTAL COMMITTED FUNDING PLAN (PROGRAMMED, ALLOCATED, APPROVED FUNDING) CMAQ Env 100,000 100,000 DOT TCSP Env 300,000 300,000 Local Env 350,000 350,000 DEMO PS&E 838,350 838,350 HRSA PS&E 983,000 983,000 HUD PS&E 100,000 100,000 Local PS&E 328,650 328,650 Local ROW 216,751 216,751 FTA (Earmarks) CON 2,613,000 677,000 3,290,000 FTA (CMAQ) CON 9,629,760 9,629,760 FTA (New Freedom) CON 669,405 669,405 STIP CON 4,614,000 1,500,000 6,114,000 ACTIA CON 507,000 507,000 RM2 (SR2T) CON 325,000 325,000 HUD CON 2,000,000 2,000,000 Local CON 15,248,084 15,248,084 UNCOMMITTED FUNDING PLAN (NON-PROGRAMMED/ALLOCATED, BUT PLANNED FUNDING) FUNDING SOURCE STILL TO BE DETERMINED (LIST POTENTIAL SOURCES THAT WILL LIKELY BE PURSUED) TOTAL PROJECT: COMMITTED + UNCOMMITTED + TBD FUNDING TOTAL Prior 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 Future TOTAL Comments: 3,000,000 15,464,835 19,688,760 2,846,405 41,000,000 Enter all funding for the project - both Committed and Uncommitted. Enter amounts in thousands and escalated to the year of funding Eligible Phases: ENV (or PA&ED), PS&E, R/W or CON. For planning activites use ENV. For Vehicles, Equipment or Operating use CON. OK to use CT R/W SUP or CT CON SUP for Caltrans support, but not necessary (optional). Page 1 of 1 Date Printed: 11/7/2008