TO:

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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.

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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 context­sensitive solutions that consider community values in collaborative community­sensitive 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.

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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:

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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

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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 com­munity 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-'trans­portation 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 trans­portation improvement project will exist."

CSS is applicable to highways, mass transit, and all other trans­portation 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 Trans­portation Efficiency Act of 1991 (ISTEA) and the National Highway System Act of 1995 (NHS). The NHS stated:

A design for new construction, reconstruction, resur­facing ... 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, com­l11LU1ity, 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 Trans­portation Equity Act of2005-A Legacy for Users (SAFETEA-LU). Section 6008, Integration of Natural Resource Concerns into Trans­portation 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 guide­lines 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 con­sider 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 sat­isfaction, 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 Excel­lence in 2005, recognized several states with successful CSS poliCies:

Best Pn~iect: Minnesota's TruJ1k Highway 38, the Edge of the Wilder­ness 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 leader­ship. And unfortunately, for all the talk about designing roads that pro­tect 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 strate­gies, "to provide guidance, infonnation, and training to States on 'inte­grating the planning and environmental processes' and encouraging context-sensitive solutions/context-sensitive design" (FHWA Memo­randum, 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. Ver­mont-have passed authoriZing legislation that proVides a statutory basis for CSS. However, official support is increasing for state legisla­tion. 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. Insti­tutionalizing 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 pro­grams. 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 Frame­work 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, plan­ners, 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 Develop­ment, 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 RiverviewCemeteryalUlTren­ton'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 impor­tantly, 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 alterna­tives 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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