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Exhibit CC 1-21-14 Item #16A VTA letter and Staff ReportCC- 01 -21 -14 Item No. 16A S A N T A C l A@ A • Valley Transportation Authority SR 85 Express Lanes Project City of Cupertino Council Meeting January 2l, 2014 SR 85 Express Lanes Project Scope: • VTA Board of Directors approved the Silicon. Valley Express Lanes Program in 2008. The SR 85 Express Lanes project is in this Program. • Convert existing under -used carpool lanes to express lane operations on SR 85 between US 101 in south San Jose and US 101 in Mountain View, approximately 24 miles. • Includes addition of new lane from SR 87 to 1 =280 in the median to have dual express lanes. • In City of Cupertino, add a new auxiliary lane on northbound SR 85 from De Anza Blvd. on- ramp to Stevens Creek Blvd. off -ramp, approximately 1.5 miles. • The SR 85 Express Lanes would use electronic tolling similar to what is already in use at the SR 237 Express Lanes in our county. Express Lanes Program / Benefits: • Increased efficiency of existing roadway: Carpool lanes on SR 85 are under -used. Express lanes will allow solo commuters to use this unused freeway capacity for a fee. The SR 237 Express Lanes has seen over 1 million commuters who choose to pay to use the facility since it opened on March 20,, 2012. • Fast, reliable travel: The express lanes system is being, designed to make sure that the travel speeds in the express lanes stay above 45 mpli at least 90% of the time. This means that there will be a lane for carpoolers and non- carpoolcxs that will be moving at a higher speed when such reliability is needed. If speeds cannot be maintained, the lanes revert back to being open only to carpoolers until speeds return to at least 45 rnph. SR 237 Express Lanes have resulted in travel time' improvements for commuters as great as 15 minutes. • Revenue reinvested in the corridor: Revenues from express lanes are available for improvements and operations (including public; transit) in the corridor (e.g., maintenance/ operations of express lanes, capital improvements in the corridor, and increased enforcement by CUP). SR 237 Express Lanes are already generating revenue in excess of its maintenance and operations costs. VTA will be developing an expenditure plan for the use of the net revenues for consideration by its Board of Directors. Project Coordination and Outreach Efforts: • Advisory Committee Meetings: Updates on the Silicon Valley Express Lanes Program and its projects have been provided regularly at the monthly Citizen, Technical and Policy Advisory Committee meetings. • VTA Board of Directors Meetings: Silicon Valley Express Lanes Program updates, including information on SR 85, US 101 and SR 237 project updates, have been provided at VTA Board meetings dating back to the approval of the Program in 2008. • Project Meetings: City staff continues to be participant at project meetings. • Community Outreach Meetings: Community meetings and presentations have been conducted to businesses, community groups, associations, city councils, managers, etc. with interest in SR 85;. these meetings and presentation are expected to continue throughout the life of the project. Milestones: • Public information meeting for environmental process: October 19, 2011 • Draft Environment, Document Circulation: December 30, 2013 to January 31, 2014 • Environmental Document Completion: Sprint; 2014 • Begin Final Design: Sumner 2014, for some portions of SR 85 • Begin Construction: 2017, pending funding -1- CC -O 1 -21 -14 Item No. 16A OoOeAS A N T A C l A.Q A e Valley Transportation Authority Project Cost and Revenue Estimates: • The estimated project cost to design and construct is $170 million • City of Cupertino has approved the Apple Campus 2 project development to make partial contribution towards the SR 85 Express Lanes project. • Preliminary revenue estimates range for the initial years of operation for SR 85 Express Lanes range from $2 million to $5 million per year. A more detailed traffic and revenue ,forecast study will be developed in the near future. • Follow status on http: / /www.vta.org /expresslanes Light Rail Transit: • The performance agreement executed between the City of Saratoga and the Santa Clara County Traffic Authority notes that the median width of SR 85 through the City is to be "reserved for mass transportation." Mass transportation has been interpreted by some to mean light rail transit (LRT). Santa Clara Valley Transportation Authority (VTA) has never had plans to extend LRT north of SR 87. • VTA's Transit Sustainability Policy & Service Design Guidelines adopted by the VTA Board in 2007 outlines the service perfornance standards for the different types of public transit. For new light rail transit service, the standard is 600 boardings per station or 1,250 average boardings per mile. Jurisdictions requesting implementation of LRT must be willing to seek and allow supporting land uses to meet these boarding levels (often times this means the adoption of more dense land uses as part of the jurisdiction's land use planning and general plan processes). • Based on the ongoing LRT corridor extension projects and their per mile construction costs, the very rough cost to add light rail in the available median of SR 85 is estimated at $1.4 billion. A specific cost estimate for LRT on SR 85 north of SR 87 does not exist. • No estimates of ridership exist since no studies of LRT in the SR 85 median in question have been conducted and no such inclusion of LRT in the SR 85 median north of SR 87 exists in the travel demand model for the county that is used for the 25 -year countywide transportation plan. -2- a CUPERTINO CC 01 -21 -14 Item No. 16A PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF ]REPORT — ADDENDUM Meeting: January 21, 2014 Subject Santa Clara Valley Transportation Authority's (VTA's) State Route 85 Express Lane Project and consideration of writing a comment letter on the Project Draft Initial Study /Environmental Assessment. Additional Background and History of the Route 85 Agreements The scope of the project in the segment of Route 85 through Cupertino is to covert the existing High Occupancy Vehicle (HOV, or Carpool Lane) to an Express Lane in each direction, and adds an additional lane by widening pavement into the existing median for a second Express Lane in each direction. Additionally in Cupertino, an auxiliary lane on northbound SR 85, between the South De Anza Boulevard on -ramp and the Stevens Creek Boulevard off -ramp, would be added by widening the existing pavement beyond the right shoulder by up to 14 feet to the outside. Attached is a State Route 85 Express Lane Fact Sheet that is available on the VTA's website. In 1989, the Santa Clara County Traffic Authority (which later was combined with the Congestion Management Agency to become the VTA) entered into a Performance Agreement with the City of Cupertino for the construction of the segment of Route 85 through the City. The agreement mentioned that "bridges will be designed and constructed in a manner not to preclude future mass transit development in the freeway median." There was some discussion about mass transit in the median in the late 1980's, but appropriate width was not accommodated in the design of the median or under bridges. In south San Jose, where there is light rail in the freeway median, the median is approximately 50' wide. In the area through Cupertino the median is approximately 23' wide. There is the possibility of a Highway- based. BRT system in the freeway right-of-way,. which is mentioned briefly in the VTA's Valley Transportation Plan 2035. The current 85 Express Lane plan has been listed in the 2009 Santa Clara Valley Transportation .Plan CC 01 -21 -14 Item No. 16A 2035, in the Metropolitan Transportation Commission's (MTC's) 2013 Regional Transportation Plan, and in MTC's 2013 Transportation Improvement Program. Prepared by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A - State Route 85 Express Lane Fact Sheet B - Route 85 Performance Agreement Between Santa Clara County Traffic Authority and the City of Cupertino 2 FACT SHEET- Express Lanes State Route 85 Express Lanes Project Overview The SR 85 express lanes project is within the central corridor of the Silicon Valley Express Lanes Program being implemented by the Santa Clara Valley Transportation Authority WA). This project will convert approximately 27 miles of existing High Occupancy Vehicle (HOV or carpool) lanes to express lanes. The project will add a second HOV express lane between SR 87 and 1 -280. The project limits are between U.S. 101 in Mountain View and Bailey Avenue on U.S. 101 in south San Jose. The project will also convert the existing HOV direct connector in south San Jose, from U.S. 101 to SR 85, to an express connector. Carpools with two or more occupants, motorcycles, transit buses, and clean air vehicles with applicable decals will continue to use the express lanes free of charge. Solo driv- ers will have the option of paying a toll to use the express lanes during commute hours. Express lanes are a tool to manage congestion by utilizing existing capacity in the HOV lanes. SR 85 Express Lanes' access points will accommodate traffic from 1 -280, SR 17, SR 87, SR 237, U.S. 101, and potentially county expressways and other major arterials. SR 85 connects commuters from San Jose, Los Gatos, Cupertino, Saratoga, Campbell, Sunnyvale, Los Altos, and Mountain View to the '- technology and professional service 3 industries in Santa Clara County. s Not to scale Express lanes are separated from regular lanes by a double white painted buffer. Electronic signs display the current toll for solo drivers with FasTrak. Toll will vary based on the level of congestion in the express lanes and will be adjusted to maintain free - flowing traffic. 0 An overhead antenna reads a FasTrak transponder and the correct toll is automatically deducted from prepaid FasTrak accounts. Continued on back side Project Funding Partners L US. DEPai BI}of jra port&IX // METROPOLITAN dh%w Federa'.I 9iighway 1 /yam T TRA\SPsIo N, ON r�Valley Transportation Authority �a/bcvrs Administration ° ° "'. "'S5' °` 85 D(P'05/17/13 0 1.25 2.5 5 Miles Project Benefits • Increased efficiency of existing roadway: Existing carpool lanes have the available capacity to accommodate more vehicles. More efficient use of existing roadways is accomplished by encouraging transit and carpools, and allowing solo drivers to pay a fee to access the lanes. • Fast, reliable travel: Through the use of dynamic pricing, VTA can manage the amount of traffic in the express lanes and maintain free - flowing speeds even when the general purpose lanes are congested. Motorists who choose to use the express lanes will benefit from reliable travel times. • Revenue reinvested in the corridor: Revenue from tolls would maintain the facility, enhance transit improvements, and provide enforcement by the California Highway Patrol. Schedule Late 2013: Project approval and environmental documents complete Early 2014: Begin final design pending funding Late 2016: Open- express lanes for service pending funding How to Reach Us If you have any questions about the VIA Express Lanes Project, please visit www.vta.orglexpresstanes, or call VTA's Community Outreach. Department at (408) 321 -7575, (TTY) for the hearing- impaired (408) 321 -2330. You may also e-mail us at community. outreach @vta.org. VTA Mission: VTA provides sustainable, accessible, community focused h-ansporltation options that are innovative, environmentally responsible, and promote the vitality of our region. .-� SoUMON NO. 7716 A RE'SO1=0N OF THE = OOMCIT' OF ME CITY OF aMT LNO AUTHORIZING SON OF PfMFOMWCE AGMEM i' . EETWEEN THE SANTA CLARA OOU1M TRAFFIC AMDRI'7.'Y AND THE CITY OF CUPERTINO, IN CON7UNCI`ION WITH RWTE 85 WMI N THE CITY OF CUPERTINO WHEREAS, there has been presented to the City Council a "Performance Agreement" between the Santa Clara County Traffic Authority and the City of Cupertino in conjunction with the construction of that certain segment of Route 85 within the City of Cupertino; and WW.EAS, the City Council has heard said A� t ;read in full and is tami iar with the contents therecf; NOW, TH REFWE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the "performance Agizt" and authorizes the Mayor and the City Cler]t to execute said agreement in behalf of the City of Cupertino. pASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino on the 24th day of January , 1989, by the following vote: Vote members of the. City 1331=il Ate: Gatto, Johnson, Koppel, Rogers, Plungy NOES' None ABSENT: None None ATTEST: - APPROVED: /s./ Dorothy Cornelius J. Plungy, city Clerk , City of Cupertino PERFORMANCE AGREEMENT THIS AGREEMENT, made and entered into this 6th day of February, 1989, by and between the SANTA CLARA COUNTY TRAFFIC AUTHORITY (herein referred to as "TRAFFIC AUTHORITY "), and the CITY OF CUPERTINO (herein referred to as "CITY "), WITNESSETH: WHEREAS, in 1984 the voters of Santa Clara County passed Measure A on the ballot, authorizing a one -half of one percent sales tax in the County for a period of ten years, to fund major highway improvements on State Routes 85, 101, and 237; and WHEREAS, the TRAFFIC AUTHORITY was created to administer the program and see that specific identified improvements were implemented; and WHEREAS, through the development of Freeway Agreements, it became evident that a separate Agreement was appropriate between the CITY and the TRAFFIC AUTHORITY which would outline mitigation standards, establish specific design guidelines, and specify CITY participation in the design process; and WHEREAS, the TRAFFIC AUTHORITY intends to provide equitable application of policies and measures for all Corridor cities, in the implementation of the Route 85 freeway project; and WHEREAS, it is the mutual desire of the parties hereto, to enter into this Performance Agreement in accordance with the attached information; NOW, THEREFORE, IT IS AGREED: 1. This Agreement is executed in conjunction with the separate Freeway Agreement between the CITY and the CALIFORNIA DEPARTMENT OF TRANSPORTATION (herein referred to as "CALTRANS "). 2. This Agreement, by reference, incorporates the following documentation: the TRAFFIC AUTHORITY'S Strategic Plan, August 1988; the Routc 85 Environmental Impact Statement, July 1987; the Mitigation Plan, December 1987; and the Route 85 Bicycle Corridor Plan, November 1988. Commitments made by this Agreement shall be an extension of these documents. 3. The general alignment of Route 85, along with street closures and interchange locations will be addressed in the Freeway Agreement between the CITY and CALTRANS. 4. Route 85 through the CITY will be a 6 through -lane facility with a median width of 46', except where auxiliary lanes are required at the Route 8/280 interchange; and a vertical profile as shown in Attachment "A 5. The CITY has participated in the development of corridor visual design guidelines, through a committee composed of representatives from Route 85 communities. From this effort, a general design theme will be: specified and design guidelines prepared. These guidelines address prospective visual aesthetics of design features such as retaining walls, sound walls, bridges, pump stations, community walls, landscaping and related amenities. The guidelines will be followed in the final design of freeway facilities. Attachment "B" represents alternative surface treatments to be selected by the CITY for use in final design of the features listed herein. 6. Attachment "C" defines tentative locations and heights for sound attenuation along the Route 85 corridor, as shown in the Miti a ion Plan. Sound walls will generally be designed and constructed in accordance with Federal and State guidelines. The CITY will have the opportunity to provide input during the design process through community meetings and review of design docu:arients. 7. The TRAFFIC AUTHORITY will provide levels of landscaping'.over and above those required by Federal and State standards. Specific types and locations will be determined in the design process, with input from the Aesthetics Review Committee and approval by the CITY. Landscaping design will seek to maximize locttl aesthetics, and minimize long -term maintenance costs, within the available budget. The TRAFFIC AUTHORITY'S allowance for landscaping is $ 25,000 per landscaped acre, and community input will determine the dcsign.emphasis. Attachment "D" provides graphic representation of 5 major areas of typical freeway landscaping: 1. Depressed profile 2. Elevated profile 3. At -grade profile 4. Local street interchange 5. Major freeway -to- freeway interchange. These displays demonstrate typical densities and general layouts of ground cover. The CITY will direct the allocation of the landscaping allowance within their boundaries, consistent with the Visual Design Guidelines. 8.. CALTRANS has developed a visual theme for the Route 85 bridges, which utilizes a tapered, rounded box structure and pi.er.s. The CITY may include aesthetic, non - structural changes which may enhance a preferred local theme. Bridges will be designed and constructed in a manner not to prcclude future mass transit development in the freeway median. 9. Local historic, archaeological and cultural resources impacted by the freeway project will be assessed and dealt with-in accordance with the Environmental Impact Statement and the Mitigation Plan. A separate ;Bicycle Plan has been developed in cooperation with CALTRANS and the CITY. Attachment "C" defines potential pedestrian and bicycle facilities and impacted historic sites in the Route 85 corridor through the CITY. Ovcrcrossing bridges will be designed to accommodate bicycle facilities, in accordance with the Route 85 Bicycle Plan. 10. The TRAFFIC AUTHORITY is conainitted to promoting the preservation of existing housing within the CITY. Should surplus housing become available, the buildings will be offered to the CITY, at fair market value, for disposal. 11. The CITY will participate in the final design process through attendance at regularly scheduled meetings. These meetings arc held to coordinate the efforts of the design team; to allow affected agencies to express their interests and concerns; and to ensure consistency with current State and local standards, and the Visual Design Guidelines. 12. The TRAFFIC AUTHORITY agrees to phase construction of the freeway in such a manner that minimum segments to be opened to traffic are as follows: o .Route 280 to Route 17 o Route 17 to Route 87 o Route 87 to Monterey Highway o Monterey Highway to Route 101 In the event that this schedule becomes unattainable, if one or more corridor cities fail to execute a Freeway Agreement in a timely manner, or if construction of the freeway segment through the CITY is completed in excess of six months prior to the completion of the freeway to Route 17, the TRAFFIC AUTHORITY agrees to request an Amendment to this Agreement and to revise the schedule in a -manner acceptable to both parties. Attachment "E" is the current Strategic Plnn construction schedule for Route 85. 13. Wherever feasible, soundwalls will be designated as early construction. 14. The TRAFFIC AUTHORITY agrees to provide local impact studies for the loss of existing access from northbound Route 280 to Route 85 /Stevens Creek Boulevard in the CALTRANS' proposed Route 85/280 interchange modifications. The TRAFFIC AUTHORITY agrees to provide funding not to exceed $ 3.0 Million, for related local street improvements to replace the loss of access from northbound Route 280 to Route 85 /Stevens Creek Boulevard, in a mutually acceptable manner. 15. The TRAFFIC AUTHORITY agrees to fund an interchange at Saratoga - Sunnyvale Road, after the CITY approves the proposed interchange configuration. The TRAFFIC AUTHORITY also recognizes that the CITY currently supports a full - diamond interchange a-t this location. 16. Construction noise control and working hours will be consistent with or exceed the requirements of local regulations and ordinances, Should a conflict arise, the TRAFFIC AUTHORITY and CITY will evaluate the circumstances a,nd propose conditions that are acceptable to both parties. 17. The TRAFFIC AUTHORITY agrees to only provide funding for the design and construction of Route '85 in accordance with this Agreement. The TRAFFIC AUTHORITY will provide final plans and specifications to the CITY for review. On the CITY's acceptance that the documents are consistent with this Agreement, the project will be advertised for construction. If any concerns are raised during this review, the TRAFFIC AUTHORITY agrees to withhold funding of the project until these issues can be resolved, . 18. The CITY will have the opportunity to enter into a separate Cooperative Agreement, committing local funds to enhance the design commitments made in this Agreement. 19. This Agreement may be modified at any time by the mutual consent of the parties hereto, as may become necessary for the best accomplishment, through TRAFFIC AUTHORITY and CITY cooperation, of the whole freeway project for the benefit of the People of Santa Clara County. If unforeseen cost increases, or significant environmental impacts arise beyond those anticipated by this Agreement, each party reserves the right to request an Amendment to this Agreement. 20. TRAFFIC AUTHORITY agrees to defend, indemnify, and hold CITY harmless against any and all claims, damages, losses, demands, or causes of action arising out of any negligence or intentional misconduct on the part of the TRAFFIC AUTHORITY, its agents, employees, attorneys, assignees, or contractors in the course of per - forming this Agreement. The indemnity {provided by this paragraph shall include reimbursement of all reasonably incurred costs and attorney's fees. 21. CITY agrees to defend, indemnify, and hold the TRAFFIC AUTHORITY harmless against any and all claims, damages, losses, demands, or causes of action arising out of any negligence or intentional misconduct on the part of CITY, its agents, employees, attorneys, assignees, or contractors in the course of performing this Agreement. The indemnity provided by this paragraph shall include reimbursement of all reasonably incurred costs and attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers. SANTA CLARA COUNTY TRAFFIC AUTHORITY By A ROVE AS TO FORM AND LEGA I_TY: r Attorney (AUTHORITY) CITY OF CUPERTINO By r PRO D AS TO FORM ND is L Y: -ttorney (CITY) Deputy C:Cty Clerk SANTA CLARA COUNTY TRAFFIC AUTHORITY Zoo Lofgren Jim Beall Davld Moyles Tom � � McEney B 'Toole Cholrperson \AceChohperson i BLIC G Will Kempton. B ecutive Dlrector FEB 15 1959 February 10, 1989 Mr. Bert J. Viskovich Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 SUBJECT: U 85 "PERFORMANCE AGREEMENT Dear M eovich: Please find enclosed for signature, four (4) copies of the Route 85 Performance Agreement, as approved by the City on January 24, 1989, and by the Traffic Authority on February 6, 1989. The Agreement will subsequently be signed by the Traffic Authority, and a fully executed copy will be returned to you for your records. If you have any questions or concerns, please call.. Sincerely, *A WILL KEMPTON Executive Director WK /JJB cuper.ltr 1754 Technology Drive Suite 224, San Jose, Callfornla 95110 (408) 971 -6336 a a, Sri 1 10300 Torre Avenue Cupertino, California 95014 Telephone; (408) 252 -4505 DEPA MENT OF THE CITY CLERK 3, 1989 Citiq of Cupertino Mr. Will Eton, Executive Director Santa Clara County Traffic Authority 1754 Technology Drive Suite 224 San Jose, CA 95110 Dear Mr. Kempton: P.O. Box 580 Cupertino, California 95015 We are enclosing to ou Performance Agreement, aloes (i fLU.y executed copies of the Route 85 the No. 7718, which along with four (4) ified co at their recJularar mee i of of y�� c24 of the City of Cupertino, , 1989. Of. ffic ��let ort would you please ret zrn a fully executed SPY to this Thank you for your cooper tion. Sincerely, � CITY cTERKOORNELIUS CITY OF LVPERTINO DC /so encl. cc' DeIartlient of Public Works CUPERTINO PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: January 21, 2014 Subject Santa Clara Valley Transportation Authority's (VTA's) State Route 85 Express Lane Project and consideration of writing a comment letter on the Project Draft Initial Study /Environmental Assessment. Recommended Action Consider preparation of a comment letter to VTA on the State Route 85 Express Lane Project Draft Initial /Environmental Assessment. Background VTA has released the Draft Initial Study /Environmental Assessment with Negative Declaration for the State Route 85 Express Lane Project for public review and comment. Written comments must be provided to VTA by January 31, 2014. Public agencies can provide written comments within this time frame. Discussion The VTA State Route 85 Express Lanes Project proposes to convert existing carpool lanes to express lanes and add new lanes to the SR 237, SR 85 and US 101 corridors with the stated intent of providing congestion relief throughout Santa Clara County. Solo drivers would have an option to use the express lanes for a fee. Eligible carpool vehicles and buses will continue to use the express lanes (also known as High Occupancy Vehicle or HOV Lanes) free of charge. Revenue from tolls will be reinvested to maintain and operate roadways and provide other improvements within the corridor. The State Route 85 portion of the project would. convert approximately 27 miles of existing High Occupancy Vehicle (HOV or carpool) lanes to express lanes and add a second HOV express lane between SR 87 and I -280. The project limits are between US 101 in Mountain View and Bailey Avenue on US 101 in south San Jose. This is a joint project between VTA and Caltrans. Pending funding and project approval, VTA hopes to open the new SR 85 express lanes in early 2017. , The estimated City of Cupertino cost for technical analysis and preparation of a comment letter is not expected to exceed $50,000. Therefore, if the Council wishes to authorize the preparation of a comment lettE!r, staff also recommends that the Council approve funding in the amount of not to exceed a total of $50,000. There is no existing funding in the City budget, so an additional appropriation would be necessary. The written comments are due by January 31, 2014. If the Council authorizes the comment letter, City Staff will work with technical and legal consultants to prepare the comments. Prepared by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: None