HomeMy WebLinkAboutStaff Report 253_09TO:
FROM:
DATE:
REPORT TYPE:
SUBJECT:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: City Manager's Office
MAY 18,2009 CMR: 253:09
COUNCIL MATTERS
Council Direction to High Speed Rail Ad Hoc Committee and
Report and Update on High Speed Rail Activities
RECOMMENDATION
Staff recommends that Council review and adopt the draft Guiding Principles as a means
to provide ongoing direction to the High Speed Rail Ad Hoc Committee.
BACKGROUND
Since passage of Proposition lA in November last year, the High Speed Rail Authority
. (HSR) has initiated environmental and engineering studies for implementation of the
system statewide. The HSR consulting team began scoping the Environmental Impact
Report for the San Jose to San Francisco segment. Soon after scoping sessions began,
Mayor Peter Drekmeier appointed Council members Kishimoto, Barton and Burt to the
Ad Hoc High Speed Rail Committee. Since this time, the Ad Hoc Committee has met
informally and, because of its temporary status, has not been subject to the Brown Act.
The Ad Hoc Committee has focused much of its efforts on working with other peninsula
communities who are potentially impacted by high speed rail. A draft Memorandum of
Understanding (MOU), forming the Peninsula Cities Coalition (PCC), was prepared and
distributed to peninsula cities. The Ad Hoc Committee has also begun to engage various
community groups organized around the potential impacts of high speed rail to
coordinate local, statewide and national legislation.
The Peninsula Cities MOU is under consideration by several cities. The MOU requires a
minimum of five cities to join the consortium in order to create a recognized entity.
Currently, four cities have acted on the MOU: Palo Alto; Menlo Park; Belmont; and
Burlingame have all ratified the MOU. Atherton, who previously ratified the MOU, is
scheduled for a re-vote because the document was modified and is expected to ratify the
revised document this month.
CMR: 253:09 Page 1 of4
The City of Palo Alto has filed an amicus brief in the Town of Atherton v. High Speed
Rail case. The hearing on the C.E.Q.A. lawsuit is scheduled for May 29 in Sacramento.
DISCUSSION
Brown Act Issues
Brown Act guidelines require that committees whose task extends beyond six months
should be considered a standing committee subject to the open meeting requirements of
the Brown Act. Once Atherton ratifies the MOU, it will be clear that the PCC will be
active in High Speed Rail issues well beyond six months and will be subject to Brown
Act requirements including posting of agendas and providing the public with an
opportunity to comment.
If City Council were to provide the Ad Hoc Committee with direction to represent City
Council positions to other governmental agencies and the community, it is also clear that
the Ad Hoc Committee will exist beyond six months. Consequently, when a quorum (two
or more members) is present, the Ad Hoc Committee will be subject to Brown Act
requirements. One on one meetings with single committee members are acceptable on an
informal basis without the need for noticing. The Mayor may appoint a fourth member to
the Ad Hoc Committee. If there are four members, then two members could meet with
outside agencies without the need for Brown Act Compliance.
Legislative Update
Attached is a legislative summary of the numerous bills pending on HSR issues. Staff and
members of the Ad Hoc Committee have been in communication with Senator Joe
Simitian's office to discuss possible legislative actions to ensure HSR is compatible with
the peninsula's built environment.
Context Sensitive Solutions (CSS) is a collaborative design approach which seeks to
engage all stakeholders prior to development of a transportation improvement. The
intended result of CSS is to adapt public infrastructure project to the location rather than
the imposition of strict engineering standards which ignore the local context. For more
information on CSS, please see the attachments. Conversations with Senator Simitian's
office suggest exploring the possibility of amending a pending bill to require HSR to
employ CSS in its community process and design.
CSS provides the framework to positively affect the outcome of HSR's design by
opening up the process to the public at the earliest possible stage. While it is unfortunate
that HSR has yet to adopt CSS as a policy, legislation may be required to ensure a more
transparent and collaborative community process.
Because of the sheer number of HSR related bills pending, staff has been fortunate to
have the support of volunteer resources that have provided comprehensive legislative
summaries. Staff will post these periodic updates on its High Speed Rail web site as they
become available.
CMR: 253:09 Page 2 of4
Guiding Principles
The City Council High Speed Rail Ad Hoc Committee is designated by the City Council
to represent the City in public at meetings with community groups and stakeholders,
when speaking to other public agencies, and when providing written correspondence or
testimony in advocating for legislation related to high speed rail.
The Ad Hoc Committee will have the authority to speak on behalf of the City Council at
hearings on short notice when full City Council discussion at a regularly scheduled
Council meeting is not feasible. In such cases, the Ad Hoc Committee should be guided
by broad principles that are consistent with the existing City Comprehensive Plan and
adopted City Council policies.
In order to ensure consistency with existing City Council positions and policies, the Ad
Hoc Committee will be guided by the following principles:
• The City recognizes that High Speed Rail, if done correctly, has the potential to
minimize adverse impacts and be beneficial to the community.
• While acknowledging that the current direction for the San Jose to San Francisco
High Speed Train project is to use the Caltrain right-of-way as the high speed rail
corridor between San Jose and San Francisco, the City is open to and could
support alternative alignments.
• The Ad Hoc Committee will be guided by the City of Palo Alto Scoping
Comments for the California High Speed Rail Authority'S San Francisco to San
Jose High Speed Train (HST) Environmental Impact Report/Environmental
Impact Statement (EIR/EIS).
• The City supports Caltrain electrification and improved commuter rail services
between San Francisco and San Jose. The City is supportive of operating
conditions along the Caltrain right-of-way that would be conducive to a high
speed rail intercity connection in San Jose, with improved Caltrain commuter rail
service between San Jose and San Francisco.
• The City is supportive of exploring creative urban design and use of context-
sensitive solutions that consider community values in collaborative community-
sensitive solutions for the high speed rail project.
• The Ad Hoc Committee shall provide regular reports to the Council on the
activities of the Peninsula cities Consortium.
• The Ad Hoc Committee will meet regularly with community leaders and
stakeholders to inform and involve the larger Palo Alto community in the
planning, review, oversight and decision-making for the San Francisco to San
Jose HST project.
CMR: 253:09 Page 3 of4
ATTACHMENTS
Attachment A: CARRD High-Speed Rail Legislation
Attachment B: Context Sensitive Solutions
Attachment C: Context Sensitive Solutions -Changing the Mindset in Transportation
Planning
PREPARED BY: r--.c ~;/?~
STEVE EMSLIE, Deputy City Manager
GAYLE LIKENS, Transportation Manager
CITY MANAGER APPROVAL:
CMR: 253:09 Page 4 of4
Attachment A CARRO High-Speed Rail Legislation
Recently passed legislation and new legislation under consideration. Updated 4/30/09
Bill numbers are hyperlinked to their doc set; links in the Description column are of particular interest; votes are recorded & linked.
Changes: added AB 289, SB 391, SB 476, SB 526, SB 783; added hearing times & links to live web video; added subcommittees.
i Senate Bills
I Bill Author Hearing Description Status/Update Committee
Date Location
! S853 Ducheny Studies creation of Dept. of Railroads. Chaptered in Sept 2008.
!;;PUCAnall'sis Against 5B 53 7/2008.
S8409 Ducheny Creates Dept. of Railroads, transferring all rail 4/14 Trans Com: placed on hold, Sen Trans Com
functions from Caltrans to new dept; also moves rail waiting for CA Research Bureau's
safety from CPUC to rail dept. (see CPUC ReQort) study due 5/1.
SB455 Lowenthal May-4 Gov appointed members of CHSRA are subject to 4/21 Sen Trans: do pass (10-1) & Sen.
advice/consent of Senate. Also affects acquiring & re-refer to Appr. Appropriations
insuring property, adds CHSRA to exemptions 4/28 May 4 hearing canceled at
Caltrans benefits from, including property request of author.
acquisition. Like Caltrans, they'd be exempt from
DGS, SPW8 and DOF body of law.
Author amendments on 4/16.
Trans Com Analvsis added on 4/16.
S8734 Lowenthal Arvil;W Allocates funds for various projects including grade 4/28 Sen Trans: pass (10-0) to Sen Trans Com
separation, freight, etc. Appr recommend Consent Cal.
Trans Com Anal\,sis added 4/23.
S8526 Ashburn Ap'iI 18 Requires the operation of at least 1 Amtrak train on 4/28 Sen Trans: pass (10-0) Sen Trans Com
San Joaquin (Altamont) route that terminates in SF.
Trans Com Anall'sis added 4/23.
S8527 Ashburn ~ States intent of Legislature to reorganize the CHSRA 3/12 to RLS Com Sen Trans Com
to ensure greater oversight and accountability for 4/16 referred to Trans.
HSR project. (lip service) Committee.
4/28 Trans hearing canceled at request of author.
S8783 Ashburn File date Establishes additional requirements for CHSRA 3/19 to RLS Com Senate
April 30 business plan. 4/16 referred to Trans. Com.
Trans Com Analvsis added 4/23. . 4/28 Sen Trans: pass (l0-0)
i 58686 DeSaulnier Adds to the CEQA process. 4/20 Env Quai Com: do pass (7-0) Assembly
Env. Q.ual. Com Anall'sis {bll Simitianl added 4/19. & to Consent Cal; 4/23 from cc.
Senate Analysis Consent added 4/22. 4/27 Sen floor: 3'd read pass {36-01
Senate Analvsis Third Read added 4/23. 4/27 in Assembly, first read.
S8476 Correa File date Prohibits taking action against an agency for 4/23 re-referred to Env Qual Com Senate
April 30 noncompliance with CEQA unless the complaints 4/27 Env Qual: do pass (6-01 re-
were presented to the agency orally or in writing refer to Appropriations
during the public comment period.
Author Amended 4/23 significantly alters intent.
i Env Q.ual Com Anall'sis 4/23 by Simitian.
58555 Kehoe /\p!ii 28 Revises Eminent Domain Law to prohibit person 4/21 Jud Com: do pass {3-2) as Sen Appr
from acquiring conservation easement by eminent amended & re-referred to Sen
domain unless specified procedures are followed. Appr.
Allows current holder to state objections. 4/28 Second read, amend, to Appr.
Jud Com Anall'sis added on 4/20.
Author amendments on 4/28.
S8391 Liu, April 27 Requires Caltrans to address trans. planning policy 4/21 Trans: do pass {7-41 Sen Appr
Lowenthal & process; relates to sustainable communities 4/27 Env Qual: do pass
strategy. Does not specifically include HSR.
S8454 Lowenthal Non-substantive wording change. 3/12 referred to Com on RLS. Sen Rules Com
S8165 Lowenthal April 2B Sale of surplus Caftrans properties along Highway 4/14 Author amendments Sen Appr
84 in Fremont & Union City apply to only non-4/16 re-referred to Trans Com.
residential props; will be used for alt. trans plan. 4/28 Trans; do pass {9-11 to Appr.
Trans Com Anall'sis added 4/23.
Assembly Bills
Bill Author Hearing Description Status/Update Committee
Date location
AB153 Ma April 29 Exempts CHSRA from certain contingencies related 3/23 Trans Com: do pass 1f!:ru & re-Asm
9:00am to eminent domain, giving them greater autonomy referred to Jud. Appropriations
when acquiring rights-of-way. 4/14 Jud Com: do pass (7·2) & re-
Jud Com AnalysiS 4/13. Trans Com Analysis 3/20. referred to Appr Com.
AoorCom Analvsis 4/28. 4/29 Appr: do pass 111-5)
AB338 Ma File date Increases definition of transit village from }:i to Y, 4/2 Com on Local Gov: do pass (4-2) Assembly
April 30 mile of main entrance of a transit station. Affects & re-referred to Appr Com.
affordable housing, denSity, funding ofTODs. 4/22 Appr Com: do pass (11-5)
Unclear whether it adds or removes protections to i 4/27 Second reading
affected properties. Authorizes city or county to 4/28 Third reading
! make infrastructure improvements without voter
approval. Requires local govs to use at least 20% of
tax increment of certain bond funds for affordable
housing. Asm Com on Local Gov Analysis 3/31.
Asm Aom Analvsis 4/21. Asm Analvsis 4/29.
AB289 Galgiani File date Exempts high-speed grade separation projects 4/15 re-referred to Trans Com Assembly
April 30 from having to meet CEQA. 4/27 Trans: do pass to floor (13-0) 3rd reading
Author amendments on 4/14, significantly altered 4/29 Second reading
content.
m Analvsis 4/24. Asm AnalySiS 4/27
AB733 Galgiani April 20 Authorizes CHSRA to create jobs, award contracts, 4/20 Trans. Com: do pass (13-01 & Assembly
9:00am purchase trains. re-referred to Appr Com. Appropriations
Trans Com Analysis 4/17. Aoor Com Analvsis 4/28. 4/29 Appr: do pass L16-Ql
AB 1375 Galgiani c\pril27 Repeal and reenact CHST Act in Public Utilities 3/31 Referred to Trans. Committee. Asm
Code. Creates new Dept. of Rail. Similar to SB 409. 4/27 Trans: do pass (9-4) & refer to Appropriations
Trans Com Analysis 4/24. Appr. Com.
Senate Committee Info:
Committee (no. members) Hearings Chair Vice Chair Upcoming hearings of interest (non-bill items)
AlilifOl2riations (13) Mon 11:00 Kehoe Cox
Budget& Fiscal Review (40) Thurs 8:00 Ducheny Dutton
Budget Sub N02 Resources, Thurs 9:30 Simitian April 30: CHSRA
Env EnerJ~v. Trans (3)
Environmental Qualitv (7) 1/3 Mon 1:30 Simitian Runner
Jygicia!:y (5) Tues 1:00 Corbett Harman
Rules (5) Wed 1:30 Steinberg Aanestad
Transliortation & Housing (11) Thurs 1:30 Lowenthal Huff
Assembly Committee Info:
Committee (no. members) Hearings Chair Vice Chair Upcoming hearings of interest (non-bill items)
A[l[lro[!riations (17) Wed 9:00 De Leon Nielsen
Budget (27) Wed, on call Evans Niello
Budget NoS Tech Trans (5) Wed 4:00 Blumenfield April 29: CHSRA
Judiciary (10) Tues 9:00 Feuer Tran
Natural Resources Skinner Gilmore
Rules (11) Mon, on call lieu Blakeslee
Trans[!ortation (14) Mon 1:30 Eng Jeffries
Select Committee Trans (7) Davis Fletcher
This legislative update is provided by CARRO -Citizens Advocating Reasonable Rail Design.
To receive an electronic version with active hyperlinks send email torwes[li@mathmatinee.com. Next update: 5/7/09.
Attachment B
California Department o/Transportation
DIRECTOR'S POLICY
TITLE
POLICY
INTENDED
RESULTS
Effective Date: 11-29-01
.Context Sensitive Solutions
The Department uses "Context Sensitive Solutions" as an
approach to plan, design, construct, maintain, and operate its
transportation system. These solutions use innovative and
inclusive approaches that integrate and balance community,
aesthetic, historic, and environmental values with
transportation safety, maintenance, and performance goals.
Context sensitive solutions are reached through a
collaborative, interdisciplinary approach involving all
stakeholders.
The context of all projects and activities is a key factor in
reaching decisions. It is considered for all State
transportation and support facilities when defining,
developing, and evaluating options. When considering the
context, issues such as funding feasibility, maintenance
feasibility, tr::iffic demand, impact on alternate routes,
impact on safety, and relevant laws, rules, and regulations
must be addressed.
In towns and cities across California, the State highway may
be the only through street or may function as a local street.
These communities desire that their main street be an
economic, social, and cultural asset as well as provide for the
safe and efficient movement of people and goods. In urban
areas, communities want transportation projects to provide
opportunities for enhanced non-motorized travel and visual
quality. In natural areas, projects can fit aesthetically into
the surroundings by including contour grading, aesthetic
bridge railings, and special architectural and structural
elements. Addressing these needs will assure that
transportation solutions meet more . than transportation
objectives.
The Department can be proud of the many contributions it
has made to improve highways that are main streets and the
aesthetics of its highways and structures; however, there is a
strongly expressed desire across California for this concept to
be the norm.
Director's Policy
Page 2
RESPONSIBILITIES
Context sensitive solutions meet transportation goals in
harmony with community goals and natural environments.
They require careful, imaginative, and early planning, and
continuous community involvement.
The Department's Highway Design Manual, Federal
Highway Administration (FHW A) regulations, FHW A's
Flexibility in Highway Design publication, and the American
Association of State Highway Transportation Officials' A
Policy on Geometric Design of Highways and Streets all share
a philosophy that explicitly allows flexibility in applying
design standards and approving exceptions to design
standards where validated by applying sound engineering
judgment. This design philosophy seeks transportation
solutions that improve mobility and safety while
complementing and enhancing community values and
objectives.
Director:
• Creates an environment in which innovative actions, such
as context sensitive solutions, can flourish.
• Recognizes and highlights individuals, teams, and
projects that advance the goals of this policy.
• Encourages staff to conduct and participate in meetings
and conferences to expand the knowledge of context
sensitive solutions internally and externally.
Chief Counsel: Evaluates and provides opinions on legal
issues ass~iated with context sensitive solutions.
Deputy Director. Maintenance and Operations; Chiefs.
Divisions of Traffic Operations and Maintenance:
• Support context sensitive solutions in the maintenance
and operation of transportation facilities.
• Revise'manuals and procedure documents to facilitate the
application of context sensitive solutions.
• Initiate and coordinate research to enable context
sensitive solutions.
Director1s Policy
Page 3
Chief, Division of New Technology and Research:
• Conducts research and develops and improves techniques
and materials to enable context sensitive solutions,
• Revises manuals and procedure documents to facilitate
the application of context sensitive solutions.
Chief Engineer (Deputy Director, Project Delivery):
• Supports context sensitive solutions in the design and
construction of transportation facilities.
• Encourages innovation and flexibility in design.
• Ensures projects are well coordinated to support the
application of context sensitive solutions through the life
of projects.
Chief, Division of Engineering Services:
• Conducts research and develops and improves techniques
and materials to enable context sensitive solutions.
• Trains staff in the application of context sensitive
solutions.
• Revises manuals and procedure documents to facilitate
the application of context sensitive solutions.
Chief, Division of Proiect Management: Ensures resources
are distributed to enable implementation of context sensitive
approaches.
Chiefs, Divisions of Right of Way and Construction:
• Train staff in the application of context sensitive
solutions.
• Revise manuals and procedure documents to facilitate the
application of context sensitive solutions.
Chief, Division of Design:
• Works in cooperation with district and other functional
units to develop guidance on design flexibility.
• Identifies good examples of the application of context
sensitive solutions to share with departmental and local
agency staff.
• Initiates and coordinates research to enable context
sensitive solutions.
• Trains staff in the application of context sensitive
solutions.
Director's Policy
Page 4
• Revises manuals and procedure documents to facilitate
the application of context sensitive solutions.
Chief, Division of Environmental Analysis:
• Facilitates coordination with resource agencies to assure
facilities and activities are in harmony with the
surrounding environment.
• Ensures communities have the opportunity to be actively
involved in the environmental stage of the project
development process.
• Ensures context sensitive commitments are sustained, as
warranted, as a project moves through the environmental
approval process.
• Trains staff in the application of context sensitive
solutions.
• Revises manuals and procedure documents to facilitate
the application of context sensitive solutions.
Chief Financial Officer (Deputy Director, Finance); Chief,
Division of Transportation Programming:
• Support the inclusion of context sensitive solutions when
programming transportation projects.
• Communicate the importance of context sensitive
solutions to the California Transportation Commission.
• Facilitate district development of funding partnerships for.
context sensitive solutions.
Deputy Director, Administration: Supports context sensitive
solutions in the planning, design, construction, maintenance,
and operation of offices, maintenance stations, and other
departmental support facilities.
Deputy Director, Planning and Modal Programs: Supports
context sensitive solutions in the planning of transportation
programs and facilities.
Chief, Division of Local Assistance:
• Facilitates training of local agencies in the principles of
context sensitive solutions.
• Trains staff in the application of context sensitive
solutions.
• Revises manuals and procedure documents to facilitate
the application of context sensitive solutions.
Director's Policy
Page 5
APPLICABILITY
Chief, Division of Transportation Planning:
• Develops and maintains community planning guidance.
• Trains staff in the application of context sensitive
solutions.
• Revises manuals and procedure documents to facilitate
the application of context sensitive solutions.
• Works with regional transportation planning agencies,
metropolitan transportation organizations, counties,
cities, and the private sector to support and incorporate
context sensitive solutions in planning, programming, and
developing transportation facilities and services.
District Directors:
• Provide leadership in the application of context sensitive
solutions in all planning, programming, project
development, construction, maintenance, and operational
activities of the district.
• Proactively ensure early and continuous involvement of
stakeholders.
• Are responsive to requests by local communities, resource
and other agencies, and the general public for context
sensitive solutions.
• Assure that context sensitivity is applied to local and
other projects within the State right-of-way.
• Train staff in the application of context sensitive
solutions.
All employees and others involved in the planning,
development, construction, maintenance, and operation of
State transportation and support facilities.
Originally Signed by 11-29-01
JEFF MORALES
Director
Date Signed
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Attachment C
September/October 2006
model NATIONAL TRUST
forHrSTORIC PRESERVATION~ ublic olicies
A Public Policy Repon published by National T rusr Forum, a pi"ogram of the Center for Preservation Leadership
Context Sensitive Solutions: Changing the Mindset
in Transportation Planning .
. • . . • • . . . • • . • . . . . . . . . . . • . . . . • • • • . . • • • • • . • • • • • • . • • • • • • • • • • • • • • • . • by Meg MagUIre
Historic preservationists are all too familiar with road projects that
rip through communities with little regard for cultural assets or com-
munity values, often in the name of providing "safety" or "increasing
capacity." Preservation lore is rich in victories, defeats, and battles with
state departments of transportation.
Fortunately, these battles have also helped open the state-'trans-
portation door to a more sensitive approach to road design known as
Context Sensitive Solutions (CSS). The challenge is to move this
approach (rom occasional state practice into official state policy.
What Are Context Sensitive Solutions?
The Federal Highway Administration (FHWA) defines CSS as
, " ... a collaborative, interdisciplinalY approach that
involves all stakeholders to develop a transportation
facility that fits its physical setting and preserves scenic,
aesthetic, historic and environmental resources, while
maintaining safety and mobility. CSS is an approach
that considers the total context within which a trans-
portation improvement project will exist."
CSS is applicable to highways, mass transit, and all other trans-
portation improvements. This approach can help ensure that
transportation planning engages the public in balancing community,
cultural, aesthetic, environmental, and transportation needs. For
example, CSS can be applied to everything from relocating a highway
interchange that would adversely affect a historic park to a traffic
calming design fi)r a historic main street.
Brief History ofCSS
Congress first officially acknowledged the concept of "flexibility in
highway design" with the passage of the Intennodal Surface Trans-
portation Efficiency Act of 1991 (ISTEA) and the National Highway
System Act of 1995 (NHS). The NHS stated:
A design for new construction, reconstruction, resur-
facing ... restoration, or rehabilitation of a highway
on the National Highway System (other than a
highway also on the Interstate System) may take
into account ... [in addition to safety, durability, and
economy of maintenance] ...
(A) the constructed and natural environment of the
area;
(B) the environmental, scenic, aesthetic,' historic, com-
l11LU1ity, and preservation impacts of the activity; and
(C) access for other modes of transportation,
111 Timton, N.j., NjDOTcomtmcted the Route 29 Timnel ro rekmlte the heavy traffic
that literally shook the lOO-year-o!d row hOllSes on Lambertoll Street. As part ~f the
imp/'Ollcments NjDOT cO/IS/rUctcd a flw'-SCf/SOtl waterjeaturc alld a waterside pl=.
Pboto courtesy oJNjDOT and VoUmer Associates.
Congress again reinforced CSS in the most recent federal sll1{ace
transportation bill, the Safe, Accessible. Flexible, Efficient Trans-
portation Equity Act of2005-A Legacy for Users (SAFETEA-LU).
Section 6008, Integration of Natural Resource Concerns into Trans-
portation Project Planning. specifically recognizes these key reference
materials:
• Flexibility in Highway Design, FHWA's 1997 seminal publication
that affimls the flexible, well-documented application of design guide-
lines established by the American Association of State Highway and
1i:ansportation Officials (AASHTO) in A Policy on Geometric Design
of Highways and Streets, more commonly known as "the Green Book";
• Eight Characteristics of the Process That Yield Excellence
[see sidebar]; and
• Seven Qualities of Excellence in Transportation Design [see
sidebar].
SAFETEA-LU authorizes the Secretary of1i:ansportation to con-
sider these references in establishing standards to be used on the
National Highway System. For preservation advocates, federal law can
provide the basic framework and rationale for state CSS legislation
affecting all state roads and bridges.
What Works in the States?
A growing number of state departments of transportation, including
those in Maryland, Minnesota. New Jersey, New York, and In-egon, are
The urblln park that !(IllS cOll5tl7lcted over the tunnel section oJRtlllte 29 ill1rmtoll, Nj,
jell/ures a bi<)'cle pllth lind pedestrum walkwt1.K paviliollS, plaY?,Ivund. andll historic
illtelpl'Cth'e llrea. Photo courtesy oJNJDOT lind VoUmer Associates.
adopting CSS policies and beginning to retrain highway engineers,
planners, and other transportation professionals to put this philosophy
into practice. The result is better projects, a higher degree of public sat-
isfaction, and often a shorter project delivery that saves time and
money and promotes goodwill.
Best Practices in Context-Sensitive Solutions, a CSS project C0111-
petition sponsored by the MSHTO Center for Environmental Excel-
lence in 2005, recognized several states with successful CSS poliCies:
Best Pn~iect: Minnesota's TruJ1k Highway 38, the Edge of the Wilder-
ness National SceJ1ic Byway Corridor is a cOlTidor reconsttuction project
focus~d on maintaining the historic roadway's existing alignment. It
incorporates four-foot paved shoulders with a rumble strip and
an additional two feet of reinforced soft shoulder to improve safety
and accommodate bicyclists, while reducing the roadway's impact on
the land.
Best Program: Oregon's Transportation l1westrnent Act Swte Bridge
Deuq}ery Program is an innovative effort to replace or repair more than
300 bridges including a number of historic bridges. The program
includes a collaborative effort to streamline the process fo~' permits, to
be implemented using a context sensitive and sustainable solutions
approach.
Best Institutional Clwnge: Tile New York Srate DelJartmellt of7J'ans-
/Jortation:s Context Sensitiw Solutions Implementation Initiative includes a
CSS policy directive for the department as well as an annual CSS
award to recognize exemplary practices, a CSS website, numerous CSS
training courses, and incorporation of CSS into the agency's Project
Development Manual.
However, without state legislation mandating CSS, progress is
based entirely on enlightened gubernatorial or departmental leader-
ship. And unfortunately, for all the talk about designing roads that pro-
tect community character, there is still too little progress in too few
states. Here are three steps to implement CSS policies in your state.
Step 1: Advocate for State CSS Legislation
Recognizing that most decisions about transportation projects are
made at the state level, FHWA has established, as one of its vital strate-
gies, "to provide guidance, infonnation, and training to States on 'inte-
grating the planning and environmental processes' and encouraging
context-sensitive solutions/context-sensitive design" (FHWA Memo-
randum, October 29,2002).
e··········· MOD E
But how (ar are states really willing to go to institutionalize CSS
principles and practices? Will state departments of transportation adopt
only CSS administrative guidelines that are subJect to change
with each new department head? Or will state legislatures pas~ CSS
legislation that advances CSS from one administration to the next?
The answer lies in the power and effectiveness of citizen advocates,
including preservationists, to bring about real change.
Only a handful of states-Connecticut, 1Ilinois. New Jersey. Ver-
mont-have passed authoriZing legislation that proVides a statutory
basis for CSS. However, official support is increasing for state legisla-
tion. The AASHTO 2004 publication A Guide to Achieving Flexibility
in Highway Design recommends that each state enact CSS authorizing
legislation as one important way of addressing liability issues. -
Advocates may encounter resistance to CSS legislation. Some
transportation officials will say that CSS is nothing new, that they have
always done business this way. Others misrepresent CSS as concerned
mostly with design "frills," failing to grasp the underlyirig emphasis on
public engagement and community values. But everyone can agree that
good transportation design should he the rule, not the exception. Insti-
tutionalizing CSS can only improve the odds that projects will be well
d~signed and meet public expectations ..
Step 2: Provide Trainingfol' DOT Stt1;ff
Enacting state CSS legislation is not enough, however. Compre-
hensive training within the transportation agency is needed for
skillful and successful implementation of CSS. Without ongoing
training and retraining of personnel-from engineers and planners to
maintenance workers and aclministrators-CSS will remain on the
sidelines, overwhelmed by standard ways of thinking and inadequate
public engagement.
Several states have instituted excellent ongoing CSS training pro-
grams. In New Jersey, The Congestion Relief and Transportation Tnlst
Fund Renewal Act, signed into law in July 2000, requires the state's
DOT to have a CSS training program.
A useful training manual is Context Sensitive Solutions in Designing
Major Urban Thoroughfares for Walkable Communities developed by
the Institute of Transportation Engineers and the Congress for the
New Urbanism. Engineer-sanctioned guidelines provide an invaluable
tool for activists to work with state and local transportation agencies
on better community design.
PUB c POL c E 's
Step 3: Etta/wlte CSS Peiformallce
Does CSS really produce better results and better participation?
To date, little bas been done to measure outcomes, and performance
methodology is still evolving. Perfonnance Measures .for Context
Sellsitive Solutiolls-A Guidebool< for State DOTs, published in October
2004 by the National Cooperative Highway Research Program
[Project 20-24(30)), sets forth a CSS Measurement Program Frame-
work that promises to be a significant tool for state officials and citizen
advocates alike.
Case Study: New Jersey Route 29 Tunnel and Park
New jersey Department of Transportation (N]DOT) engineers, plan-
ners, project managers, and community relations representatives, as
wen as consultants and community leaders, have been trained
in CSS techniques-flexible design, respectful communication,
consensus-huilding and community participation, negotiation and
conflict resolution-and already see the public benefits.
Gary Toth, N]DOT director of Project Planning and Develop-
ment, says that the department encourages communities to develop a
vision of their own future to guide transportation decisions. "Residents
must develop a formal concept of what they want theif towns to look
like in five, ten, and twenty years. NJDOT can then be a partner in
fulfilling that vision and also explain any limits on (illl' delivery of the
project so local expectations can be realized."
The New jersey Route 29 Tunnel and Landscape Deck Park/South
Riverwalk Project is a good example of CSS. In Trenton, Route 29 is
primarily a four-to six-lane freeway IUlming along the Delaware Ri ver.
It connects with Interstate 295 to the south via a section of historic
Lamberton Street, which features 100-year-old brick row houses and
mature trees. Residents were inundated with traffic that literally shook
their homes and depressed property values. NjDOT recognized
that the situation was unacceptable and undertook the N] Route 29
Tunnel and Landscape Deck Park/South Rh'erwalk Project to move
goods and people through the area while creating a major pubhc park
and preserving historic and archeological resources.
One of the most exciting aspects of the Deck Park project is its
historic interpretive area that is subdivided into five octagonal spaces
graced by arches designed to reflect the typical architecture of the
century they represent. This design helps park visitors easily assimilate
what would otherwise be an ovelwhelming amount of information.
Preservationists were involved in the project, both as citizen
advocates and as professionals. Hunter Research. the firm retained to
conduct archeological studies, produced six popular booklets based
on their research on subjects as varied as Native Americans in South
Trenton, 1O,OOOB.G. to A.D. 1700 and RiverviewCemeteryalUlTren-
ton's Dead. In addition, the finn helped to interpret the archeological
excavations to schoolchildren and community members. Website:
www.state.nj.us!transportati\)I1/engJCSD
Conclusion
If universally adopted by state and local transportation agencies, CSS
could transform transportation planning and project delivery. By
more efficiently integrating all planning and design concerns in one
process, and by addreSSing a variety of environmental obligations
under Section 106 of the National Historic Preservation Act of 1966,
Section 4(f) of the Department llfTransportation Act of 1966, and
s E p T E M B E R I o c T o B E R
the National Environmental Policy Act (If 1969, CSS could save
time and money and promote community goodwill. Most impor-
tantly, it could produce superior results with and fi)r the public.
Conservationists and preservationists have long demanded
hetter transportation products and community outcomes. Through
advocacy at the state level, preservationists can realistically press an
designed to achieve transportation excellence.
Meg Milguirr sf11led tiS president of Scmic AmcriCfl from 1996" to 2004 and mrrentb' i.I a
romrllll1lity CIITISer1!IJtilill comu/tant.
Key CSS Documents That Congress Recognized in
SAFETEA-LU
From the Thinking Beyond the Pavement Conference,
Baltimore, 1998:
Eight Characteristics of the Process That Yield Excellence
1. Communication with all stakeholders is open, honest, early,
and continuous.
2. A multidisciplinary team is established early,. with disciplines
based on the needs ofthe specific project. and with the inclusion
of the public.
3. A full range of stakeholders is involved with transportation
officials in the scoping phase. The purposes of the project are
clearly defined, and consensus on the scope is forged before
proceeding.
4. The highway development process is tailored to meet the
circumstances. This process should examine multiple alterna-
tives that will result in a consensus of approach methods.
5. A commitment to the process from top agency officials and
local leaders is secured.
6. The public involvement process, which includes informal meet-
ings, is tailored to the project. .
7. The landscape, the community, and valued resources are
understood before engineering design is started.
8. A full range of tools for communication about project alterna·
tives is used (e.g., visualization).
Seven Qualities of Excellence in Transportation Design
1. The project satisfies the purpose and needs as agreed to by
a full range of stakeholders. This agreement is forged in the
earliest phase of the project and amended as warranted as the
project develops.
2. The project is a safe facility for both the user and the community.
3. The project is in harmony with the community, and it preserves
environmental, scenic, aesthetiC, histOriC, and natural resource
values of the area, i.e., exhibits context sensitive design.
.4. The project exceeds the expectations of both designers and
stakeholders and achieves a level of excellence in people's
minds.
5. The project involves efficient and effective use of the resources
(time, budget, community) of all involved parties.
6. The project is designed and built with minimal disruption to
the community.
7. The project is seen as having added lasting value to the
community.
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Resources
American Association of State Highway and Transportation Officials (AASHTO) Center for Environmental Excellence Best Practices in Context-Sensitive
Solutions Award Announcement: http:j jnews.transportation.orgJpressJelease.aspx?Action=ViewNews&NewsID=81
Federal Highway AdminIstration (FHWA) Context Sensitive Solutions website: www.contextsensitivesolutions.org
FHWA publication, Flexibility In Highway Design: www.fhwa.dot.govjenvlronmentjflexjindex.htm
FHWA October 2002 Memorandum on Context Sensitive Solutions: www.fhwa.dot.govjcsdjl02902.htm
FHWA List of CSS Program Activities: www.fhwa.dot.govjcsdjactivities.htm
Institute of Transportation Engineers publication, Context Sensitive Solutions in Designing Major Urban Thoroughfares for Walkable Communities:
www.ite.orgJbookstorejRP036.pdf
National Cooperative Highway Research Program publication, Performance Measures for Context Sensitive Solutions-A Guidebook for State DOTs:
http://trb,orgJnews/blurb_detail.asp?id=4400
State CSS Policy Profiles: www.contextsensitivesolutions.org!contentj genj state-profilesj sp-policy
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