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HomeMy WebLinkAboutStaff Report 3.A 09/16/2013 Apined&Itewv #3 .fit Ltt 4 ,e�r x,O isse • DATE: September 16, 2013 TO: Honorable Mayor and.Members of the City Council through City Manager FROM: Dan St. John, F.ASCE— Director, Public Works and Utilities Larry Zimmer, P.E. — Capital Projects Manager SUBJECT: Resolution Supporting the Mayor Signing Letter to the SCTA Board Regarding the Loss of Trees Due to Highway 101 Widening RECOMMENDATION It is recommended that the City Council adopt the attached resolution supporting the Mayor signing the attached letter to the SCTA Board regarding the loss of trees due to the Highway 101 widening projects. BACKGROUND At its regular August meeting, the Tree Advisory Committee (TAC) approved action to send a letter to the SCTA regarding tree loss associated with 101 improvements. The TAC composed such a letter and provided it to City staff for routing through the Mayor. Review of the issue and advocacy for tree replacement are very clearly within the purview of the TAC, as is advising the City Council regarding tree resources within the City. The recommendation of the TAC to send written communication to the SCTA should however have the Council's approval. A draft letter to SCTA is provided as an attachment to this report, and is copied to Councilmember Harris, who is Petaluma's representative to the SCTA. Multiple projects are in various stages of completion related to the widening of Highway 101 through the City of Petaluma. These projects have different funding sources and lead agencies. All of the projects have or will result in the loss of trees which was addressed in the respective environmental documents for each project. Riparian tree replacement either on-site or off is required by the regulatory permits for each project. The majority of the trees that are to be removed are considered to cause visual impact and the environmental documents generally state the trees should be replaced at a 1:1 ratio "where feasible". Due to constraints with existing land use and safety requirements the project proponents have indicated that it is impossible to replace all of the lost trees within existing state highway right-of-way. • Agenda Review: • City Attorney Finance Director City Manager An internal memorandum dated September 12, 2011 and a SCTA Staff Report dated November 19, 2012, attached, provide a more thorough background. DISCUSSION The City of Petaluma Tree Advisory Committee is seeking opportunities to increase the number of trees to be replaced or to obtain cash in-lieu of replacements to balance the overall canopy loss within the City. Further, the committee is seeking regularly updated counts of removed trees and an accounting of number of trees that will be planted in the future. The Committee understands that for Caltrans to estimate the number of replacement trees may require them to prepare landscape plans ahead of their funding schedule, which is contrary to Caltrans normal practice. Caltrans typical procedure is to construct landscaping as a separate construction contract after the completion of its freeway improvements. This method reduces the overall highway project costs for several reasons. Primarily, landscaping work completed by a prime contractor specializing in landscaping is more cost effective compared to a general contractor who will mark up the cost of a landscaping sub-contractor. Currently the construction phase of the major widening of the freeway through the City of Petaluma (MSN C-2) is unfunded. SCTA is diligently working to accumulate the funding needed to construct this project, as well as other 101 projects in Sonoma County. Until that funding is secured Caltrans has indicated that they are unwilling and unable to schedule and design the future landscape project that will follow the main line widening FINANCIAL IMPACTS There is no fiscal impact to the City for this action. ATTACHMENTS I. Resolution 2. Letter from the Mayor to SCTA 3. September 12, 2011 Memorandum 4. November 19, 2012 SCTA Staff Report 2 Attachment 1 RESOLUTION SUPPORTING THE MAYOR SIGNING LETTER TO THE SCTA BOARD REGARDING THE LOSS OF TREES DUE TO HIGHWAY 101 WIDENING WHEREAS, Construction work within the 101 Corridor has resulted in significant loss of trees and a reduction of the tree canopy within the City limits; and WHEREAS, significant additional free loss is expected as part of the Marin Sonoma Narrows C- 2 Project through the City of Petaluma; and WHEREAS, tree loss cannot be fully mitigated within the freeway right of way; and WHEREAS, adequate information has not been provided by Caltrans or the project sponsor Sonoma County Transportation Authority; and WHEREAS, City of Petaluma Council and the Petaluma Tree Advisory Committee seek assistance in minimizing the impact of the tree loss; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby: Supports the Mayor of Petaluma to sign the attached letter to the SCTA addressing the City's concerns and request for action. 3 �p LUG ATTACHMENT 2 k A �� CITY OF PETALUMA \ n POST OFFICE Box 61 18 59 PETALUMA,CA 94953-0061 Davit!Glass Mayor Chris Albertson Teresa Barrett September 16, 2013 Mike Harris Mike Hea■ Gabe Kearney Kathy Miller Councilmembers Suzanne Smith Sonoma County Transportation Authority 490 Mendocino Avenue, Suite 206 Santa Rosa, CA 95401 RE: Tree Loss Within Petaluma City Due to Highway 101 Widening Understanding of Impact & Potential Mitigation Dear Ms. Smith, As SCTA Board Members and residents of the City of Petaluma, the Petaluma City Council and Petaluma's Tree Advisory Committee (TAC) are requesting your ctn.Manager's Office attention regarding the loss of trees within the Highway 101 corridor. I I Engltsl:Street Petaluma,CA 94952 The Caltrans Highway 101 widening projects have caused and will continue to cause Phone(707) 778-0345 significant tree removal along the Highway 101 corridor. On behalf of the Tree Fax(707)778-4419 E-Mail, Advisory Committee and the residents of Petaluma, I would like to voice our citvmgr mi.petaluma.ccns concern regarding the potential impact of this loss of our urban forest. The Tree Committee first became aware of this situation in 2011. Since that time, Economic Development they have been trying to get an understanding of the quantifiable loss of trees, as well Phone((;(77)) /7-1788:4435-4896 as identify potential opportunities for mitigation. We understand that tree removal Fax has already been completed for some of the northern and southern segments of the Housing Division project, but know that work through the main corridor of Petaluma has yet to begin. Phone(707)778-4555 We feel that this area may have the most long-term negative impact for our City. We Fax(707)778-4586 have been informed that with the increased road width and upgraded safety standards, many trees will not be able to be replaced on site. Human Resources Division Phone(707)778-4534 Fax(707)778-4539 SCTA staff has been receptive to our concerns and has been willing to engage in discussion. I-Iowever, we understand that with the Board's budget decisions and Information Technology Division guidance to the SCTA staff. neither the landscape plans nor budgetary allocations are Phone(707) 7784477 Fa 07) 776-36,3 proceeding at this'time. We believe that a landscaping plan is critical to understanding the project as a whole as well as being able to plan for the future. Risk Management Division Phone(707) 776-3695 Fax(707) 776-3697 • To understand what mitigation is deemed feasible, it is necessary to include tree replacements within the improvement plans or, if in a separate contract, the plans need to be developed. Withoutimprovement plans that include tree planting opportunities, we cannot determine how much a projected landscape budget will be, nor prepare for what portion of the loss will become the burden on the City of Petaluma. It has been a challenge to receive a clear account of how many trees will be lost. In May 2011 we were informed of the anticipated loss of 700-900 trees. Detailed tree inventories (from August/Sept 2011) were provided to us, however there is conflicting information. In addition, names of the project areas have since changed. A City memorandum dated September 2011 itemized the tree removal counts for the various Highway 101 projects within the City limits, which totaled 2,050. In a March 7, 2013, a Press Democrat article quoted James Cameron of the SCTA: "...we should have the final count within a month." Updated information was finally received last week. We can understand a delay in gathering the information, but it seems at this point a final tally count is possible. We write to you for several reasons: • We would like to receive a count of the trees removed in Petaluma for the Highway 101 expansion and be provided updates in a timely manner when the counts change. • We would like you to advocate for landscaping plans which will define where, and how many trees can be replaced on site. • We would like you to advocate for in-lieu mitigation funds for trees that cannot be replaced on site. While the TAC is saddened by the significant tree loss along Highway 101, we understand the reality of the road widening. Our goal is to define the tree loss to Petaluma and work towards plans for replanting trees to mitigate that loss for the greater community. Thank you for your consideration. We look forward to discussing this issue with you further. Sincerely. Chris Albertson Vice Mayor cc: David Rabbitt. Chair, So. Co. Board of Supervisors Petaluma City Council Petaluma Tree Advisory Committee Larry.Zimmer, Petaluma Capital Improvement Manager Dan St John, Petaluma Director of Public Works &Utilities Ron DeNicola,Petaluma Building& Grounds Manager Jennifer Williams. Secretary to Tree Committee Attachment 3 City of Petaluma, California Memorandum Public Works, 11 English Street,Petaluma, CA 94952 (707) 778-4474 Fax(707) 776-3602 E-mail:publicworksccipetaluma.ca.us DATE: September 12,2011 TO: • John C. Brown, City Manager FROM: Larry Zimmer, CIP Manager le- SUBJECT: Tree Impacts Along Hwy 101 Corridor This memorandum is intended to provide you and Council a better understanding of the tree removals on existing and future projects along the 101 corridor,discuss potential tree replacements, and explain the requirements for tree replacement. BACKGROUND SCTA, Catnaps,and the City of Petaluma have entered into various cooperative agreements in order to deliver Hwy 101 projects within the City limits,from the Central B project on the north side of Petaluma to MSN C-3 project on the south side. (See Attachment 1,Highway 101 Projects and Attachment 2, Highway 101 MSN). Following is a table outlining the location and basic description of the various Hwy 101 Central and Marin Sonoma Narrows (MSN)projects: PROJECT LOC 1TION DESCRIPTION Central B Pepper Road to 0.5 mile south of Old Construct new HOV lanes Redwood Highway Central C/Old Redwood Old Redwood Highway Construct new interchange and Hwy ramps MSN C-1 East Washington Interchange Construct one new ramp and modify two ramps MSN C-2 0.5 mile south of Old Redwood Construct new HOV lane and Highway to Hwy 1 16 modify two ramps at E. Washington and one at Hwy 116 MSN C-3 * Hwy 116 to Pet River Bridge Construct new HOV lane and structures across Lakeville Hwy * MSN C-3 is the Hwy 116 and Lakeville Hwy Separation structures project formerly part of the MSN B-4 project which included the Petaluma River Bridge and the Hwy 116 structures • 6 PROJECT AND FUNDING STATUS The table below lists the current projects along Hwy 101 within the Petaluma city limits by phase, sponsor, and funding partner: PROJECT PHASE SPONSOR FUNDING COOPERATIVE AGREEMENTS Central B Construction Caltrans Caltrans SCTA& Caltrans HOV (CM1A) Central B Landscape SCTA SCTA SCTA and Caltrans HOV Design (Measure M) Central B Landscaping SCTA SCTA None HOV (Measure M?) Central Construction SCTA/City SCTA SCTA & Caltrans, SCTA & City C/ORH (Measure M) and City Central Landscape SCTA SCTA SCTA and Caltrans C/ORH Design (Measure M) Central Landscaping SCTA/City SCTA None C/ORH (Measure M?) and City MSN C-1/E. Construction SCTA/City SCTA/City/Fed SCTA & Caltrans,SCTA & City Wash MSN C-1/E. Landscape Caltrans Caltrans None Wash Design MSN C-1/E. Landscaping Caltrans Caltrans None Wash MSN C-2 Roadway SCTA SCTA SCTA and Caltrans HOV Design MSN C-2 Landscape Caltrans Caltrans None. HOV Design MSN C-2 Landscaping Caltrans Caltrans None HOV MSN C-3 Roadway SCTA SCTA SCTA and Caltrans HOV Design MSN C-3 Landscape Caltrans Caltrans None HOV Design MSN C-3 Landscaping Caltrans Caltrans None HOV 2 7 PROJECT TREE REMOVAL The table below identifies the estimated tree removal counts for the various Hwy 101 projects within the city limits. PROJECT TREES— TREES-OUTSIDE CITY LIMITS CITY LIMITS Central B HOV 267 87 Central C/ORH 168 MSN C-1/E. Wash 582 MSN C-2 824 MSN C-3 209 MR AND PERMITS MITIGATION REQUIREMENTS Central B and C Projects Final EIR Summary, P. S-7, Visual/Aesthetics • This section requires replacement planting to reduce project effects on mature trees. SCTA and Caltrans are required to coordinate with the City of Petaluma to identify feasible locations and species of trees and plants to be installed. Mature trees would be replaced at ratio of I:1 within the project limits and right-of-way where feasible. Final EIR Summary, P. S-18, Visual/Aesthetics • This section requires that a landscaping replacement plan be implemented and replacement trees planted. The landscape plan will be developed by Caltrans with input from the City to identify appropriate and feasible locations of trees for replacement within or near the project limits. Other mitigation measures: • Mature trees will be replaced at a ratio of 1:1, where feasible • Species, size, precise number, location, and spacing of replacement trees will ultimately be determined by Caltrans at a future phase of the project • Redwood tree clusters and other vegetation will be reestablished or existing trees maintained in the project right-of-way, where feasible Final EIR Summary, P. S-28, Trees and Other Mature Vegetation • This section requires the mature trees be replaced at a 1:1 ratio, where feasible. Resource Agency Permits • The 1602, 404, and 401 permits address riparian impacts only. Within the Central B and C projects, the only tree planting riparian mitigation requirement is at Willowbrook Creek. Following construction of the bridge widening to accommodate the new HOV lanes, project will plant 57 willow tree cuttings to mitigate the impacts. This mitigation is incorporated into the construction project as an item of work. 3 8 • MSN'C=11E. Washington Project Negative Declaration; Mitigation Measure2.3-4.P2-17' • This section calls for plantingaallshrubs in the southwest quadrant of the project. Negative Declaration, Mitigation;Measure 2.3-2, P.2-17 • This section calls for additional treeplantings to be installed onseaith embankments within the interchange consistent witfi;sight lines and safety considerations and at other portions of Hwy 101, where feasible, to partially off-set the impacts to tree removal. Negative Declaration, Mitigation Measure 2.3-6, P.2-18 • This section calls for preservation of poplars. If`infeasible,replacement planting with redwoods at a 1.1'ratio"shall'be installed. Negative Declaration, Mitigation Measure 2.3-7, P.2-18 • This'sectibricalls-for replacement of redwood trees in kind if is•unavoidable-in the northeast quadrant. Resource Agency.Permits • The,1602,404,and 401 permits'address riparian impacts only Within the MSN C-I project the only tree planting riparian mitigation requirement is for tree loss:due to the construction.of the new northbound on-ramp.bridge across Washington Creek. SCTA-has contracted with the Sonoma County Water Agency to plant, maintain, and monitor-20 trees along Washington Creek near the Petaluma Airport to;mitigate the impacts. MSN C-2 and..MSN.C-3'Projects(MSN'Segment CI Final EIR, P. 3.1141 • This section requires standard.Caltrans project landscaping and tree planting measures and vine planting on sound walls. Final EIR, P. 3.1-150 • This section requires replacement redwood tree planting at the East Washington interchange, wherefeasible, to off-set tree removal elsewhere in the project. Final EIR, P. 3.1-151 • This section,requires that replacement landscaping shall':be funded through parent roadway project and pnd that landscaping should be.completed two years following the completion of the roadway project. • This section requires that landscaping shall be implemented per Caltrans safety standards. • This section requires that all disturbed native vegetation and trees be replaced at a 5:1 ratio where feasible in Central segment and off-site, where feasible. Note: It is presumed that,Caltrans will use a 1:I ratio for tree replacement for the MSN C-2 and C-3 projects, where feasible,similar'to:other'corridor projects 4 9 • Resource Agency Permits • There areno permits appliedvfor as of yet for theiMSN.0-2'and C-3'projectsias construction funding has not yet been identified and design is;still underway. It is anticipatedihat typical riparian tree planting will be required at the project limits similar to other corridor projects. TREE INVENTORIES Central;B 'Spread Sheet—Attachment 3 Central.0 (ORB I/C) Attaohment4 MSN Cl (EW I/C) Attachment 5 MSN C2 No tree inventory was completed—Point list Attachment 6 MSN C3 Attachment 7 • MSN B2 &B4(Combined) Attachment 8 CENTRAL A AND B PROJECT COMMENTS SCTA,and Caltrans have executed a cooperative agreement(4-2279)in the amount of$550k for the landscaping PS&E(design) and right-of-way phases for the Central Project which'includes the Central.A, B, and C projects. No construction funds for landscaping have been.identified as of yet. This landscaping design agreement is currently on hold due to lack of Measure M funds. The SCTA Board of Directors at the July 11,2011 meeting,authorized:re-directing Hwy 101 Corridor'Measure.M landscape funds from the North, Wilfred,and Central landscape projects to the MSN Petaluma River Bridge project as part of a package of Measure M funds needed to fully fund the construction;project: The Measure M funds were used to match$45M of CMIA funds voted by the CTC for the Petaluma River Bridge project in June of 2011. It is'anticipated that design of the landscaping,projects will resume once sufficient Measure M funds are available pending'.SCTA board approval. Central A, B,and C landscaping will be all one project, for which the funding is+not currently identified. SCTA will work with Caltrans-to find funding sources for landscape construction for the Central projects. CENTRAL C/OLD REDWOOD HWY PROJECT COMMENTS Caltrans;is preparing-a conceptual,landscapingplan,for the Central C/ORH=interchange ramp areas. To address water quality issues,the areas within.the ramps are being designed as water detention.basins. In conjunction'with the basin design,Caltrans landscape staff is working onthe placement of trees to surround the'basins,where feasible,without,impacting sight distance andd other traffic safety concerns. A separate follow up landscape project to the interchange project will plant the-frees within the interchange and areas outside the interchange,;:if'feasible. Staff will be working with SCTA and Caltrans to discuss planting some trees as part of the ORH project,but there is a problem with havinga three-year plant establishment criteria built==into the roadway contract. Plant establishment period could keep a construction contract from be accepted for two to three years following completion of the road construction work. Caltrans usually has follow up contracts to address landscaping: 5 • 10 MSN PROJECTS?COMMENTS • ' Landscape funds for MSN'Phase It projects in Segments;A andB have been programmed. MSN Phase 2 projects including:MSN C-1, MSN C-2, and eMSN`C-3 landscaping funds have:not been programmed. For MSN C-I, once right-of-way costs are finally determined andithe bids are in;(bid opening is on Oct 5), we can see what our remaining budget is for landscaping. If funding is available,staff will investigate a cooperative agreement with Caltrans for landscape PS&E. • SCTA and the City of Petaluma will work together to find off-site tree.planting areas,possibly in connection with an off-site water-quality project related to the MSN C-2 and;Central Cprojects. An example of an off-site project that include additional tree planting is,the Sonoma County Fairgrounds Brookwood parking lot project that Was used as mitigation for.the Central project. OVERALL COMMENTS/SUMMARY As previously stated, Caltrans is not,bound to the,City of Petaluma Tree;Ordinance requirement, or the County Tree Ordinance, which does-not apply within State right of way,or outside of County jurisdiction. From the City of Petaluma Tree Ordinance: 17.030-Exceptions The removal or relocation of trees is exempt from the.provisions of this Chapter under the following circumstances: A. Tree removal not related to discretionary development applications or other development permits. This exception does<not include trees that were required to be preserved,relocated, or planted as a condition of approval of a previous development application or permit. The respective project EIR's and mitigated negative declaration do not require absolute I I ratios for tree replacement within the.Hwy right-of-way due to feasibility and safety design considerations. The EIR's and mitigated negative declaration do not require in-lieu payments for trees not replaced at a I:I ratio. Caltrans will strive to meet that jgoal, particularly if off-site locations can be found and funds are available. Off-site mitigation is simpler on public property, but is possible:onprivate property as well If trees are planted on private property,;property rights would be required todo the work, and then,the trees establishment, long term care and maintenance would likely become the responsibility of the property owner. City staff, Caltrans,and SCTA, along with the consultant designers, striveto,avoid tree:removal whenever and wherever possible. Both Caltrans and the Sonoma County Transit Authority (SCTA)are our partners and we all wish to plant as many trees as is feasible. Caltrans landscape staff will work with th'e SCTA and City to get input on,landscape plans for the Cent al and MSN projects once funding becomes available for PS&E. 6 I I Attachment 4 490 MENDOCINO AVENUE,SUITE-206 SANTA ROSH CA 95401 WWW.SCTAINFO.ORG (707) 565-5373 RcpA fanane coanty tr.neeemAten 4otMrI6 regional climate pretectien authority Staff Report To: Sonoma County Transportation Authority From: James R. Cameron, Deputy Director of Projects:and Programming Item: 4.4.4- Highway 101 - corridor landscaping and tree policies Date: November 19, 2012 Issue: What is the status of landscaping-for the Highway 101 Corridor? How should landscaping be prioritized relative to the remaining roadway improvements needed to complete-the Highway 101 HOV lane network? How should SCTA handle community requests that go beyond regulatory requirements for tree removal? Background: SCTA has received comments and requests related to the landscaping and mitigation requirements for Hwy 101 projects. Staff has provided updates on several occasions to.the Board and to members of the public, but is seeking more guidance on how to address the funding needs in the Hwy 101 corridor in terms of prioritizing future construction projects, landscaping and enhanced tree planting. SCTA has essentially exhausted the Measure M - 101 account. A.significant portion of the funding needed came from leveraging Measure M funds to receive other funding towards the projects.. SCTA employed a strategy of using the Measure M funds to advance the projects through environmental clearance, design, and right of way to create "shovel-ready"'projects:tl at were in the best position to receive competitive funding, primarily from the State Proposition 1B -Corridor Mobility Improvement Account (CMIA). The following table summarizes the secured funding and needs to complete the corridor roadway improvements in Sonoma County: Measure M Recognized Remaining Total Measure M 101 Program Other Total Funding Estimated ,Projects Commitments Commitments Commitments Needs Project Cost North $32:9 $140.9 $173.8 $0.0 $173.8 Wilfred $14:0 $58:2 $72.2 $0.0 $72.2 Central $30.9 $117.2 $148.1 $0.0 $148.1 MSN-Petaluma $10.1 $48.5 $58.7 $85.9 $144.6 MSN-Narrows $21.8 $172.1 $193.9 $35.0 $229.0 Landscaping $0.0 $1.0 $1.0 $14.0 $15.0 Sub-Total: $109.7 $537.9 $647.6 $133.0 $782.6 Financing $36.5 $0.0 $36.5 $0.0 $36.5 Grand Total: $146.2 $537.9 $684:1 $135.0 $819.1 12 Notes: Financing is the interest on the 2008 and2011 revenue•bondsi for the Highway,X101 program. Funding shown does not include principal payments. Funding needs:are estimates based on,present year dollars and are in millions of dollars. Attached to the end of the staff report is a summary of the status and history of projects in the Hwy 101 corridor, but the bottom line is that an.additional $121M (in 2012 dollars) is needed to complete widening in the corridor and $14M in landscaping is the estimated need. Landscaping Prior to Measure M approval, the SCTA worked with Caltrans to fund the first two widening projects — Wilfred Ave to Route 12 and Route-12 to Steele Lane. At that time landscaping was included in the construction budgets and the first project to be built (Wilfred to Route;12) has been landscaped. The second project, through downtown Santa Rosa, has $2.2M inSTIR funds.slated for landscaping in FY14/15, but this work has been deferred due to State funds being unavailable. Since the mid-2000's, it is now standard practice to establish landscaping'asa,separate phase of work, following construction. This is due to both funding constraints and the difficulty in closing out large construction contracts when landscaping work and plant establishment periods remain on-going. The SCTA has discussed the timing and need for landscaping in the corridor in the past, but when presented with the opportunity to use Measure M funds previously assigned to landscape design to leverage $45M in State funds for the Petaluma River Bridge,project, the;Board decided`to de-program Measure M funds for landscaping and use the funds for the bridge construction. As a result, there are no funds available for landscape design or construction at this time. Riparian Tree Replacement— Regulatory Requirement: The project estimates above include riparian tree replacement planting, which is required by the regulatory permits for each project. For all fully funded roadway projects, the required riparian tree planting is fully funded and plans have been developed and have-or are being implemented to insure full compliance with the permits. Off-site riparian tree planting includes.planting riparian trees:along Washington Creek on the Sonoma County Water Agency (SCWA) property for•the'.MSN-C1 project; planting riparian trees on Open Space District property near.Mark West Creek at the Cresta site for the North project and planting trees on the Sonoma Land Trust's Tolay'Creek property for the remainder of the funded MSN project. Additionally, willows have been planted along Willow Brook Creek, on-site. and within the Caltrans Right of Way, for the Central projects' riparian impacts. Visual Impact Tree Replacement— Environmental Document's Requirement'Where Feasible: Each project's environmental document indentified the visual impacts of tree;:removal along the corridor. For visual impacts,the documents generally state that.trees`will.bereplaced on-site at a.ratio of 1:1, where feasible. The wording in the documents do not require absolute 1:1 ratios for tree replacement, as there is limited space in the remaining State right-of-way; as well as safety issues that • Caltrans needs to consider when determining feasibility: Tree removal has created concern among various jurisdictions along the corridor in terms of compliance with local tree ordinances, which often require replacement planting at ratios in excess of 1'1, as well a net loss of trees, if 1:1 ratios are,not achieved. Caltrans has explained that it is not required to comply with local ordinances with regards to replacement planting for visual tree loss, and it does not have funding for, off-site'tree replacement planting, unless it is required by regulatory permits. SCTA has considered visual tree replacement planting when developing its plans for the Highway 101 Corridor. The 2011 Strategic Plan included $3.65 Million to partially fund three on-site landscaping projects for the North, Wilfred; and Central projects. However, that funding was re-programmed in July 2011 by action of this Board, in order to bridge the gap necessary to leverage$45 Million for the replacement of the Petaluma River Bridge. As part of the CMIA.agreement for Phase 1 MSN projects, )3. Caltrans, SCTA, and TAM have set aside,$2,Million in STIP funds'($I M ih Sonoma and $1M in Mahn) for a landscaping project to follow the currently MSN projects. The'STIP funds are programmed in FY14-15, however it is expected that the landscaping project will need;to wait until the MSN-B3 project is completed in 2017, before it can start construction. Currently, there is not sufficient funding indentified for planting trees to offset the Highway 101 projects' visual impacts. Detailed estimates have not been prepared to accurately quantify the cost, but staff roughly estimates that approximately $14 Million in additional funding'would be needed,to fund the remaining visual landscaping needs on the corridor. Tree Replacement Requests — Beyond Requirements: Rookery: Recently, various interest groups have approached SCTA about the eucalyptus trees along Petaluma Boulevard South that are scheduled to be removed to replace the Petaluma Boulevard South interchange (MSN-B2). These trees have periodically housed nests for egrets and are visible from Schollenberger Park, across the Petaluma River. The Caltrans led environmental'process has determined that the removal of these trees is not a significant impact, as neither the-trees nor the egrets have threatened or endangered protections under state or federal law. Furthermore,Caltrans determined that there are other nearby locations that the birds utilize for nesting that are not at capacity. This determination was substantiated in 2011, when a'hawk moved into the subject trees, and the egrets relocated to other suitable habitat in the area. Therefore, Caltrans has determined-the MSN B-2 project is not required to mitigate for the removal of the eucalyptus trees in question. Nonetheless, SCTA and Caltrans have researched potential egret rookery enhancement projects and determined that there is a location off-site on the City of Petaluma's Almond Marsh property, where trees could be planted to potentially house egrets. It is estimated that $50,000 would be needed to plant, water, and maintain trees at this site, but there would be no guarantee that the egrets would ever colonize the trees. Petaluma Offsite Planting: The City of Petaluma has requested funds to plant trees outside of the Highway 101 right-of-way, within the City limits to attain an absolute 1:1 replacement or better. SCTA Staff has met with the City's Tree.Advisory Committee (TAC) in both May 2011 and October 2012. The communication with the Petaluma Tree Advisory Committee was: • Other sections of Highway 101 had similar impact to what is planned for tree removal in Petaluma. • All jurisdictions are being treated the same, local ordinances do not apply. • Agreement to keep Petaluma TAC informed, but no agreement to do any enhancement beyond regulatory requirements. • Per established policy board direction, completing roadway work is the priority followed by landscaping. • The SCTA will meet the environmental document requirements-of replanting to'the extent feasible, but does expect to fall short of 1:1 replacement due to the limitation of available right of way in the narrow corridor. The City is evaluating and may apply for a State Environmental Enhancement and Mitigation Program (EEMP) grant to plant trees along City owned Highway 101 frontage. This program allows for up to $10 million each fiscal year for grants to mitigate the environmental impacts of modified or new public transportation facilities. There is a limit of$350,000 per grant. SCTA considered,this funding source for follow-up landscaping along the 101 Corridor; however, the program does not allow for grants to provide for replacement plantings that are already required by the related transportation'project: Tree Removal Activities for Winter 2012/2013: There will be tree removal prior to February 15, 2013 in the following areas: 14 • • • MSN Phase B2 - Petaluma Blvd. South Interchange, Frontage Roads:and'Petaluma River Bridge Replacement; • MSN Phase C3 - Route 116 Bridges; • Central Phase C - Old Redwood Highway Interchange in Petaluma; and • North Phase B -Airport Boulevard Interchange. The riparian tree removal on North Phase B occurred in early October with a separate service contract to meet the October 15`h deadline for creek work. Funding Opportunities and Priorities: The SCTA continues to look for funding for both the remaining roadway improvements and landscaping of the Highway 101 corridor. Previous direction from the Board"has been,to prioritize the roadway improvements necessary to complete.the HOV lanes. This direction has resulted in significant leveraging of other fund sources. However, there remains a shortfall in funds necessary to complete the work. The shortfall in right-of-way funding for the MSN-C2 project:,is currently the highest priority. Once this funding is identified, it will take approximately 24 months to;acquire the right of way necessary to make this key section of Highway 101 "shovel-ready" such that it will be in the best position possible for future funding opportunities. If prior funding programs serve>as any indication of how future funding will be made available to projects, funding will likely only beavailable'for the construction phase, thereby conserving local funds for pre-construction phases is extremely important. Staff is working on closing out design and right-of-way contracts on projects currently in construction to see if savings are available to help fill the.gap; however, it will take months if not years to receive both final billings from the utility companies and to finalize the cost of property acquisitions that have been subject to eminent domain proceedings. There is also the possibility of cost over-runs for right-of-way and construction, when assessing the availability of funding for programming recommendations. The Measure M 101 Program has very little programming capacity remaining for the next few years. The Cash Flow Model predicts the lowest ending balance will occur in 2016: If revenue growth occurs at a modest 3.0%, as projected, there will be some additional capacity for programming in the last 9 years of the program. Additionally, SCTA was required to put$6.5 Million in•a;bond reserve fund as part of the 2008 and 2011 revenue bonds issued for the Highway 101 Corridor. This funding will become available in 2025 when the bonds are paid off. SCTA staff is seeking to leverage funding to complete the Highway 101 Corridor prior to 2025; however, if any work remains after the reserve funds are freed, they will be available for programming to the 101 Corridoratthat time. Policy Impacts: Staff is seeking policy direction on how to best prioritize future construction projects, landscaping and enhanced tree planting. • Should construction remain the top priority until the remaining MSN projects:are fully funded? • How should staff prioritizethe landscaping projects—should it bein the same.order as the projects were constructed? Or should a different prioritization be employed? • How should staff handle requests for funding tree plantings that exceed the:regulatory requirements but may enhance visual and other impacts? Fiscal Impacts: None proposed at this time. Staff Recommendation: Staff recommends that the Board consider the prioritization of future;construction;projects, landscaping • and enhanced tree planting and provide direction to staff on how to proceed. 15 • Highway 101 Widening Status: • Measure M contributes 40 percent of its sales'tax revenue'to the+Highway 101'program. SCTA manages the Measure M - Highway 101 program fund to develop and build High Occupancy.Vehicle (HOV) lane projects along the following five areas of Highway 101 as defined'by'the Measure M Expenditure Plan: • Steele Lane to Windsor River Road (North Project); • Santa Rosa Avenue to Rohnert,Park Expressway(Wilfred Project); • Old Redwood Highway.in Petaluma;to Rohnert Park Expressway°(Central`Project), • • Petaluma River Bridge to Old Redwood Highway in,Petaluma (MSN-Petaluma Project); • Marin/Sonoma County Line to Petaluma River Bridge (MSN NarrowsProject). Caltrans and SCTA have partnered to finalize five,(5)•environmental documents necessary.to construct all the improvements set forth in'theMeasure M - 101 expenditure plan. The roadway improvements for 15.5 miles of HOV lanes'have been completed for the following four projects: • North-Phase A Project (7.5 miles); • Wilfred Project (1.6 miles); • Central Phase A (5.0 miles); and • Central Phase B Project (1.4 miles). The following three (3) interchange improvement projects,which wereidentified in the various environmental documents as necessary for HOV operations are fully funded and either in construction or should be in construction by early 2013: • MSN Phase C1 - East Washington Ramps; • North Phase B -Airport Boulevard Interchange; and • • Central Phase C - Old Redwood Highway Interchange in Petaluma. Three (3) additional projects in the Mann Sonoma Narrows section of,Highway 101 in Sonoma:County are also fully funded for construction, including: • MSN Phase B2 - Petaluma Blvd. South Interchange, Frontage Roadsand Petaluma River Bridge Replacement; • MSN Phase C3 - Route 116,Bridges; and • MSN Phase B3 - San Antonio Bridge and Curve Correction: MSN Phases B2 and C3 are expected:,to start construction by early 2013. MSN Phase-B3 will notsstart construction until late 2014, due to a combination of utilities that'need:to be;relocated;prior to starting construction and the timing of State funds that,are being;used for the roadway construction. These three projects provide;for improvements necessary to convert the narrows expressway to freeway and ultimately convert the remaining Sonoma County section of Highway 101 to NOVlanes1(south of Windsor). The following two (2) projects are necessary to complete the HOV lanes fromthe+County Line toOld Redwood.Highway in Petaluma: • MSN.Phase:C2 (Petaluma RiverBridge to Old Redwood'..Highway) • MSN Median Widening (Marin/Sonoma County Line to Petaluma Boulevard South) . MSN Phase C2 is funded'.for design and partially funded for right of way. Design plans:are near95% complete, but-approximately$6.0 Million is needed,to fully fund right of way and $79:9 Million is needed to fully fund construction. The MSN-Median Widening is fully funded;for design,fbut approximately $35.0 Million is needed to fully fund.construction. The aforementioned estimates are;'in present year dollars and will need to be escalated to the expected year of expenditure; once a funding;source;is'' identified. 16 •