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HomeMy WebLinkAboutMINUTES - 08052008 - C.75 TO: BOARD OF SUPERVISORS Contra Costa FROM: DENNIS M. BARRY, AICP, INTERIM DIRECTOR County DEPARTMENT OF CONSERVATION AND DEVELOPMENT DATE: AUGUST 5, 2008 SUBJECT: APPROVAL OF THE FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING REGARDING THE EAST CONTRA COSTA BAY AREA RAPID TRANSIT EXTENSION (eBART) PROJECT SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE as presented the First Amendment to the Memorandum of Understanding for the proposed East Contra Costa Bay Area Rapid Transit Extension(eBART) Project, and, AUTHORIZE the Chair, Board of Supervisors to sign the amendment to the agreement on behalf of the County. CONTINUED ON ATTACHMENT: X YES SIGNATURE ) _ ECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMM TTEE APPROVE OTHER SIGNATURE(S): joe_19_� ACTION OF BOARD ON S APPROVED AS RECO MENDED _�`07ER_ I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND VOTE OF SUPERVISORS ENTERED ON THE MINUTES OF THE BOARD OF 'v UNANIMOUS(ABSENT ,�_'_ ) SUPERVISORS ON THE DATE SHOWN AYES: NOES: ABSENT: ABSTAIN: Contact: P. Roche, DCD-AP(925)335-1242 ATTESTED "V" u�;'/t 16" CX cc: CAO JOHN CULLEN,J CLERK OF THE BOARD OF Clerk of the Board SUPERVISORS AND COUNTY ADMINISTRATOR County Counsel Public Works Department: Cities of Antioch, Brentwood, Oakley, and Pittsburg By Wqft�w �)WCtakl�- DEPUTY Bay Point MAC Bethel Island MAC Byron MAC Knightsen MAC/CSD Discovery Bay CSD Tri-Delta Transit SF-BARTD CCTA August 5, 2008 Board of Supervisors First Amendment to MOU East Contra Costa BART Extension (eBART)Project Page 2 FISCAL IMPACT None. The First Amendment to the eBART Memorandum of Understanding (MOU) would delete Contra Costa County and the cities of Oakley and Brentwood from the list of parties subject to the MOU, relieving each affected jurisdiction from the requirements of the MOU to prepare a Ridership Development Plan for stations that were proposed in their jurisdiction. The First Amendment to the MOU would thereby relieve affected jurisdictions, including the County, from expending any local funds on this project. BACKGROUND / REASONS FOR RECOMMENDATION In August 2005, Contra Costa County along with the cities in East County entered into a Memorandum of Understanding (MOU) with SF Bay Area Rapid Transit District (SF-BARTD), and other transportation agencies for the proposed East Contra Costa BART Extension (eBART) Project (see under Attachment No. 1, 7/11/2005 Board Order approving the MOU). Under this MOU each of the local jurisdictions committed to prepare a Ridership Development Plan for the eBART station proposed within their respective jurisdiction. The MOU obligated Contra Costa County to prepare a Ridership Development Plan for a proposed eBART station in Byron to serve the Byron/Discovery Bay area. However, due to substantially higher project cost estimates and an inability to acquire the Mococo railroad line from the Union Pacific Railroad, the project has been substantially revised to extend BART service from the existing Pittsburg/Bay Point BART station to a terminus in Antioch in the Hillcrest Avenue area near State Route 4. Since the revised project would not, at this time, extend eBART to the cities of Oakley or Brentwood, or further to the unincorporated communities in eastern Contra Costa County, SF-BARTD has proposed an amendment to the 2005 MOU that would delete Contra Costa County and the cities of Oakley and Brentwood from the list of parties subject to the MOU and thereby relieve each affected jurisdiction from the requirements of the MOU to prepare a Ridership Development Plan. See under Attachment No. 2, the First Amendment to the eBART MOU, as prepared by SF-BARTD. The other parties to the eBART MOU, which include the cities of Antioch, Brentwood, Oakley, and Pittsburg, have all approved the amendment to the MOU. The Department of Conservation and Development recommends the Board of Supervisors approve the first amendment to the eBART MOU, as proposed by SF-BARTD, and authorize the Chair, Board of Supervisors to sign the amendment to the MOU on behalf of the County. Attachments (2) Attachment No. 1: 7/11/2005 Board Order, Memorandum of Understanding East Contra Costa BART Extension(eBART) Project Attachment No. 2: First Amendment to the Memorandum of Understanding East Contra Costa BART Extension(eBART) Project FAeBART Corridor Planning\1 STAMDEBARTMOUB008-05-09.final.doc Attachment No. 1 : 7/11/2005 Board Order, Memorandum of Understanding East Contra Costa BART Extension (eBART) Project FL S®.2 TO: Board of Supervisorsf { Contra FROM: Transportation, Water and Infrastructure Committee Costa County DATE: July 11, 2005 SUBJECT: Approval of the Memorandum Of Understanding Regarding the East Contra Costa Bay Area Rapid Transit Extension Project SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS CONSIDER APPROVAL in substantially the form presented the attached Memorandum of Understanding for the proposed East Contra Costa Bay Area Rapid Transit Extension Project, and, subject to further language modifications recommended by East County cities that clarify local responsibility for land use decision-making, AUTHORIZE the Chair, Board of Supervisors to sign the agreement bn behalf of the County. CONTINUED ON ATTACHMENT: X YES RECOMMENDATION OF COUNTY ADMINISTRATOR X REC ENDATION OF BOARD COMMITTEE APPROVE OTHEiR SIGNATU S : rvisor ejedly Piepho //Supervisor Federal D. Glover ACTION OF BOARD ON APPROVED AS RE OMMENDED -;OTHER_ I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND VOTE OF SUPERVISORS ENTERED ON THE MINUTES OF THE BOARD OF __111. UNANIMOUS(ABSENT/1"C (`) SUPERVISORS ON THE DATE SHOWN AYES: _________NOES:__ _ ABSENT ABSTAIN: — Contact: P.Roche, CDD-AP (925)335-1242 ATTESTED , cc: CAO ---= VL— --�--- Clerk of the Board JOHN SWEETEN, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Public Works Department Cities of Antioch, Brentwood,Oakley,and Pittsburg BY "'� E � DEPUTY Bay Point MAC Bethel Island MAC Byron MAC Knightsen MAC/CSD Discovery Bay CSD Tri-Delta Transit SFBARTD CCTA MOU East Contra Costa BART Extension Project July 12,2005 Page 2 FISCAL IMPACT i There will be some County costs due to the commitment of staff time and consultants i necessary to guide and direct work in preparing a Ridership Development Plan and any related environmental review or planning actions for a proposed station in the Byron/Discovery Bay area. However, approximately $2.4 million from various transportation funding sources has been earmarked to local jurisdictions and transit agencies within the corridor to help cover these costs. Use of these funds will be subject to a separate agreement. BACKGROUND / REASONS FOR RECOMMENDATION The San Francisco Bay Area Rapid Transit District (BART) has proposed a Memorandum of Understanding (MOU) between BART, East County cities—Antioch, Brentwood, Oakley, and Pittsburg, Contra Costa County, Tri-Delta Transit, and the Contra Costa Transportation Authority to undertake work on the East Contra Costa BART Extension Project (also known as "e-BART"). The purpose of this MOU is to define the respective roles and responsibilities of the transportation agencies and the local jurisdictions in developing and planning for a rapid transit system that would serve communities in eastern Contra Costa County. On February 8, the Board referred this matter to the Transportation Water& Infrastructure (TWI) Committee. In December 1999, the BART Board of Directors adopted a System Expansion Policy that requires a Ridership Development Plan be prepared for a proposed infill station or a station proposed as part of an expansion to the existing BART system. The Ridership Development Plan must demonstrate that a target ridership number at the corridor level can be achieved through measures such as transit supportive land uses and investment in access programs and projects. The purpose of the Ridership Development Plans is to improve the cost-effectiveness of the transit project through increased ridership. The proposed MOU is also intended to serve as the local jurisdiction's commitment toward the development and implementation of a Ridership Development Plan for a station proposed within their jurisdiction. In Contra Costa County's case, the MOU expresses the County's commitment toward planning and implementing certain measures for a station proposed in the Byron / Discovery Bay area. The Transportation Water & Infrastructure (TWI) Committee has reviewed the draft agreement, as have staff from Community Development and County Counsel. Contra Costa County's concerns with the agreement have focused on clarifying and asserting local discretion in setting land use policies for a station area within its jurisdiction. Several of the East County cities have also expressed similar concerns with retaining local discretion over land use planning around a station in their jurisdiction. BART has prepared several versions of the draft agreement, making modifications to the language in response to concerns or issues raised by all the parties involved, including Contra Costa County, and to a large extent the County's previous concerns or reservations about the agreement have been satisfactorily addressed by BART. Attached for the Board's consideration is draft version number 17 of the MOU,which was received on July 7, 2005. The TWI Committee is scheduled to consider this most recent version of the MOU at its July 11 meeting and will report its recommendation to the Board. Attachments(2) Attachment No. 1 Memorandum of Understanding East Contra Costa BART Extension Project Attachment No.2: BART System Expansion Policy MEMORANDUM OF UNDERSTANDING Among San Francisco Bay Area Rapid Transit District, City of Antioch, City of Brentwood,City of Oakley,City of Pittsburg, Contra Costa County, Contra Costa Transportation Authority and Eastern Contra Costa Transit Authority In Connection with the Proposed East Contra Costa BART Extension RECITALS 1. The Parties to this Memorandum of Understanding ("MOU") are the City of Antioch,City of Brentwood,City of Oakley, City of Pittsburg,(collectively,the "Cities"), Contra Costa County(the"County"), San Francisco Bay Area Rapid Transit District ("BART"), Contra Costa Transportation Authority ("CCTA"), and Eastern Contra Costa Transit Authority("ECCTA")(collectively the"Parties"). 2. The Parties support the goal of expeditiously bringing high quality rapid transit service to east Contra Costa County residents. 3. The Parties desire to achieve this goal by cooperating in the development of a proposed project by BART for a high quality rapid transit system to serve the east Contra Costa County communities of Pittsburg, Antioch, Oakley,Brentwood and Byron, known as the State Route 4 East Corridor Transit Project ("the Project'). 4. The Parties acknowledge that BART has initiated the environmental review for the proposed Project, commencing with publication of a Notice of Intent to prepare an Environmental Impact Study/Environmental Impact Report(EIS/EIR) in the Federal Register on July 6,2005. BART will be conducting scoping meetings on July 19 and 20, 2005 for the alternatives and impacts to be studied in the EIS/EIR. 5. The Parties acknowledge that BART and CCTA have prepared a feasibility study, which examines transit alternatives for the proposed Project corridor, entitled the State Route 4 East Corridor Transit Study("the Feasibility Study"). The Feasibility Study considers Conventional BART,Diesel Multiple Unit("DMU"), Express Bus and Bus Rapid Transit alternatives_ 6. The Parties acknowledge that rapid transit ridership is generated by the population and employment that surround stations,and by providing adequate access to and from stations for transit passengers. 7. The Parties acknowledge that in the proposed Project corridor, the Cities and County have authority over land use planning within their respective jurisdictions and have adopted general plans, zoning ordinances and other land use plans,policies and controls addressing matters such as density of land uses,mix of land uses and the future growth and character of their residential and business communities. Final MOU for signature,August 3,2005 1 8. The Parties acknowledge that pursuant to their respective land use planning and control jurisdiction,the Cities and County make and/or participate in making decisions on local transportation and infrastructure including the placement and capacity of local streets and roads,pedestrian, bicycle, and public auto-use and parking facilities, all of which are important factors in encouraging rapid transit ridership. 9. The Parties acknowledge that regional, state and federal transportation funding sources all require ridership sufficient to justify the public investment in transit infrastructure along with coordination between land use and transportation policies at the local level. 10. The Parties acknowledge that in December 1999 and December 2002, respectively,the BART Board of Directors adopted the BART System Expansion Policy and the System Expansion Policy Criteria and Process(together the"System Expansion Policy,"--attached hereto as EXHIBIT A), which contains evaluation criteria for proposed projects that expand BART transit service. These criteria include evaluation of local land use plans and policies, existing land uses and station area access in order to determine whether anticipated ridership levels appear to be sufficiently high to favor investment in a proposed expansion project. The System Expansion Policy is intended to both guide BART's review of proposed projects and to help local jurisdictions identify ways to effectively achieve the ridership necessary for a proposed BART expansion project to be favorably evaluated. The System Expansion Policy was adopted with the intention of guiding evaluation of all future BART expansion projects. 11. The Parties acknowledge that in order to demonstrate sufficient anticipated ridership for favorable evaluation of the proposed Project,BART's System Expansion Policy provides that a Ridership Development Plan be prepared and implemented for each station in the Project corridor. The individual Cities and the County acknowledge that they are responsible for preparing and implementing the Ridership Development Plans for the station or stations within their respective jurisdictions,with the cooperation and assistance of BART. 12. The Parties acknowledge that BART has in place Transit Oriented Development Guidelines (2003)that provide guidance on TOD at and near BART stations,and Access Guidelines (2003)that outline a hierarchy of access modes to BART Stations, i.e., walking, transit,bicycle,pick-up/drop-off,and vehicle parking. 13. The Parties acknowledge that the concept of a ridership threshold applicable to an entire corridor has been established by the BART System Expansion Policy_ However, the proposed Byron/Discovery Bay Station is located near the County Agricultural Core and has very limited capacity to increase ridership via land use and access changes. 14. The Parties desire to enter into this MOU to express their commitment to the development and implementation of Ridership Development Plans for stations in the proposed Project corridor that will achieve sufficient ridership,access, and development Final MOU for signature,August 3,2005 '? to ensure that the proposed Project represents a productive transit investment that satisfies BART's System Expansion Policy. AGREEMENT NOW,THEREFORE,the Parties, for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, agree as follows: 1. Roles of Participants in the Ridership Development Plan Process The Parties recognize and acknowledge the following roles for the participants in the Ridership Development Plan process: 1.1 The Cities and County are responsible for the development and implementation of their own land use and local transportation plans,policies and controls within their respective jurisdictions. 1.2 BART,as the Bay Area's regional rail transit system, is responsible for developing, evaluating and adopting proposed projects to expand rapid and reliable transit service beyond the service area of the existing BART system. As a prudent steward of public resources,BART is responsible for developing and implementing policies regarding expansion projects to help ensure that anticipated ridership levels are sufficiently high to justify the large public investment that such projects represent. 1.3 CCTA,as the entity that collects and administers the County's half-cent sales tax, is responsible for working with local and regional partners to identify funding priorities and ensuring these priorities receive adequate funding. CCTA is responsible for ensuring that the $150 million in Measure J funds earmarked for East County transit are spent cost- effectively. CCTA also provides resources to the Cities and County completing the Ridership Development Plans. 1.4 ECCTA is responsible for providing bus services in eastern Contra Costa County, which will include feeder service to the existing Pittsburg/Bay Point BART station and proposed Project transit stations in east Contra Costa County. 2. Agreements of the Parties 2.1 The Parties agree that a Ridership Development Plan shall be prepared for each station of the proposed Project by the respective City, Cities, or County with jurisdiction over land within the half-mile radius surrounding that station,with cooperation and assistance from BART_ 2.2 The Parties agree that the Ridership Development Plans shall be prepared and implemented by the Parties substantially in the manner described in the Ridership Development Plan Process, attached hereto as EXHIBIT B. Any substantial departure from the process described in EXHIBIT B with respect to the Ridership Development Final MOU for signature, August 3,2005 3 Plan for an individual station shall be mutually agreed to in writing by the Parties participating in the development of that station's Ridership Development Plan. 2.3 The Parties agree that,as shown in Exhibit B,the Ridership Development Plans will be supported by a combination of Regional Measure 2,Measure C, Station Area Planning Program,and T-PLUS funds, along with additional local funds. MTC,CCTA and BART confirm that these funds will be available on or after July 1, 2005. MTC, CCTA, BART and the jurisdictions will establish a system for prompt payment of properly prepared invoices. 2.4 Ridership estimates for the Project will be prepared for purposes of this MOU using the modeling methodology as described in the Ridership Estimation MethodoloD), attached hereto as EXHIBIT C. All ridership estimates are for the planning horizon year of 2030. The Parties agree that the methodology to be used is acceptable and appropriate for the proposed Project. 2.5 The Parties agree that a corridorwide ridership threshold must be achieved in order to comply with the BART System Expansion Policy. BART, in close collaboration with the other Parties will develop the corridorwide ridership threshold. The methodology and assumptions for developing the ridership target will incorporate the input and feedback of the other Parties. The corridorwide ridership threshold for the alternatives presently expected to be evaluated are as shown in Table 2.1. These figures were developed during the Feasibility Study and are subject to refinement as subsequent studies are undertaken and feedback is received by BART during the environmental review process. Table 2.1 Conidorwide Ridership Threshold Estimates byTechnology Alternative Technology Alternative Threshold Estimate Conventional BART to Hillcrest 14,000 DMU to Byron 14,055 Bus Rapid Transit to Byron 15,124 2.6 The Parties agree that, as part of the proposed Project, BART commits to developing a transfer between conventional BART trains and the new rapid transit system that is as convenient and efficient as reasonably possible for passengers. BART will develop a schematic transfer plan for the intermodal transfer between conventional BART and the new rapid transit system as part of its environmental process. BART will also develop a schematic design for a typical eBART station. These documents will be provided to the Parties within six months of the July 19,2005 scoping meeting. 2.7 The Parties agree that BART shall comply with applicable Americans with Disabilities Act(ADA) standards in designing the proposed Project. Final MOU for signature,August 3,2005 4 2.8 The Parties agree that BART will apply the same fare structure in place throughout the BART system to the proposed Project stations, and that ticketing will be convenient and efficient for passengers. 2.9 The Parties agree that BART will provide similar hours of revenue service operation and appropriate frequency of service for the proposed Project stations as for the remainder of the BART system,taking into consideration East County population and ridership at the proposed Project stations. 2.10 The Parties agree that, as part of the proposed Project, the Cities and the County commit to achievement of the corridorwide ridership threshold for the horizon year (2030) through preparation and implementation of the Ridership Development Plans. For jurisdictions whose current General Plan does not extend to 2030, BART and the jurisdiction will utilize the projections incorporated into MTC's "Transportation 2030" Regional Transportation Plan. 2.11 The Parties agree that the Cities and the County commit to preparing and implementing Ridership Development Plans incorporating land use and/or access improvements at and around the proposed Project stations that are sufficient to achieve the corridorwide ridership threshold. 2.12 The Parties agree that the Cities and the County commit to implementing convenient and efficient access to the proposed Project stations for pedestrians, transit users, bicyclists and automobiles that is sufficient to achieve the corridorwide ridership threshold. 2.13 The Parties agree that as part of the proposed Project,BART will solicit and consider comments from ECCTA in designing stations along the corridor. BART and ECCTA will work to develop bus access and loading/unloading areas that are conveniently located for passengers. 2.14 The Parties agree that ECCTA commits to providing transit access to each of the proposed Project stations that is convenient and efficient for transit users. 2.15 BART has initiated the environmental review process for the proposed Project and alternatives under the California Environmental Quality Act("CEQA") and, the National Environmental Policy Act("NEPA"). In conducting such environmental review, BART shall consider both the Base Estimates(as defined in EXHIBIT B hereto)and Threshold Estimates identified in EXHIBIT B. 2.16 Following execution of this Memorandum,the Cities and County will undertake development of their respective Ridership Developments Plans (RDPs). The Ridership Development Plans shall propose actions to enhance transit ridership through access and/or development as described in EXHIBIT B hereto. Final MOU for signature,August 3,2005 S 2.17 Following or concurrent with development of their respective Ridership Development Plans,the Cities and County will undertake any environmental review process required under CEQA for the adoption of the proposed ridership and development enhancement actions identified in the Plans. At the conclusion of environmental review,the Cities and County will make the discretionary decision whether or not to adopt and implement the actions identified in their RDPs. 2.18 When evaluating the proposed Project under the System Expansion Policy criterion for transit-supportive land use,BART will consider the information contained in the Ridership Development Plans,whether the Plans demonstrate that the corridorwide ridership threshold for the proposed Project can be achieved, and whether ridership enhancement actions identified therein have been adopted and implemented by the Cities and County. BART will consider this information in deciding whether or not to adopt the proposed Project. 2.19 The Parties agree that in the event of disputes concerning the matters addressed in this MOU,they will utilize the dispute resolution process described in EXHIBIT D. 3. Schedule 3.1 The Parties agree that the Ridership Development Plan process will be completed in phases, with proposed milestones indicated below in calendar days. The Parties agree to work towards achieving the milestones according to the schedule presented below. This schedule may be modified by mutual written agreement of the Parties. Table 3.1 Ridership Development Plan Schedule Phase Activities Milestones to be achieved I.Within 60 Circulation of • Initiate proposed Project Days of July • EIS/EIR 19,2005 • Initial ridership scoping estimates meeting • BART Access Guidelines • BART TOD Guidelines II.Within Development of Ridership • Completion of Ridership 365 Days of Development Plans Development Plans July 19,2005 • Access Component scoping • Land Use Component meeting • Station Component • Revised ridership estimates Continued work on Project EIS/EIR III.Within • Environmental review • Cities and County adopt 270 Days of of actions identified in actions identified in Ridership substantial Ridership Development Development Plans Final MOU for signature,, August 3, 2005 6 completion Plans • Release of Draft Project of Phase 1I EIS/EIR Continued Work on Project EIS/EIR IV.Within 30 • BART Board considers Days of certification of Project EIS/EIR substantial and adoption of Project completion of Phase III 3.2 Pursuant to the above schedule, Phase II of the Ridership Development Plan process contains the bulk of the significant planning activity undertaken by the Parties. The Parties agree and acknowledge that there may be significant differences in Plan structure and scheduling among the Cities and County. Recognizing the need for flexibility,the Parties will work toward completion of the Phase II planning component of the Ridership Development Plan process with a target completion date of 365 days from the July 19, 2005 scoping meeting and proposed milestones as follows: Table 3.2 Phase 11 Planning Schedule From July 19,2005 Scoping Meetin Deliverable Due Date Draft RDP Scope Dav 30 Draft Land Use and Access Data Day 60 Parties Review of Draft Ridership Day 77 Estimates Parties Review Schematic Transfer Plan Day 180 and Schematic eBART Station Plan Development of Land Use and Access Day 270 and Station Plans if necessary) Evaluate Ridership enhancement Day 300 measures(if necess Draft Final Plans Day 330 Final Plans presented for review by Day 365 Parties IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Understanding effective as of the latest date set forth below. Final MOU for signature, August 3,2005 7 City of Antioch: Mayor Final MOU for signature,August 3,2005 � City of Brentwood: Mayor Final MOU for signature,August 3,2005 9 City of Oakley: Mayor Final MOU for signature, August 3,2005 10 City of Pittsburg.• Mayor Final MOU for signature,August 3,2005 11 Contra Costa County: Chair,Board of Supervisors Final MOU for signature, August 3, 2005 12 Eastern Contra Costa Transit Authority: Board Chair Final MOU for signature,August 3, 2005 13 Contra Costa Transportation Authority: Board Chair Final MOU for signature,August 3,2005 14 BART: Board President Final MOU for signature,August 3, 2005 15 EXHIBIT A BART SYSTEM EXPANSION POLICY Attachment A System Expansion Criteria and Process Adopted by BART Board-12.5.02 System Expansion Policy Introduction Over forty years ago, residents of the Alameda, Contra Costa and San Francisco Counties supported the creation of the BART District. Since that time, BART has become a critical component of the region's transportation system. Today the pressures of growth in the Bay Area continue. Accommodating this growth continues to drive further dispersal of jobs and housing. At the same time, BART and other transit systems demand a continued level of reinvestment to maintain service. Finally, financial support for BART and other transportation systems must compete with their infrastructure and social needs. It is imperative that BART. as a steward of public funding for transportation investments,continue to: • Ensure cost-effective transportation investment decisions; • Protect the taxpayers'investment in the District's physical infrastructure; • Ensure the financial health and sustainability of the District;and • Enhance the Bay Area's environment and quality of life. It is with these considerations that the BART Board adopts the following Project Advancement Criteria and Process for all System Expansion projects. Final MOU for signature, August 3, 2005 16 Project Advancement Process Strategic Opportunity Assessment No Yes Legend Ridership Development Plan Environmental (Cvmprelrn:ive suit..Pon) Review Staff Activity •Sunon A—Develop merit •Motion Accrtt •Station Capacitc&FunctionalitV No TYes 1 Project Implementation Project Advancement Process Sake 1 Strategic,Opportunity Assessment Intttal planning assessment of transit exppaannsion oppportunities Level of effort commenswate with furtding availabdih for studyy May include several planning efforts before project recommendation brought forward to the Board Y Project Advancement Staff uses study reports to evaluate a project against the criteria and decides whether to recommend a project for advancement to the next stage Board considers staff recommendations and decides whether to advance project recommendation to the next stage for further study Stage 2 Y Ridership Development Plan • Work in partnership with local jurisdictions to develop a Memorandum of Understanding (MOlaying out coordinated timelines for transit project Environmental Review and the Ridership Development Plan pprocess Work in partnership with local urjsdictions to achieve transit ridership thresholds by balancing transit-oriented devel'opmcnt(TOD)and access goals with community desire; seek commitments from local jurisdictions regarding land use and access plans Y Environmental Review • CEQA and/or NEPA environmental review process(as applicable). Y Project Advancement Ridership Development Plan prepared concurrently with Environmental Review and brought forward to the Board Staff uses both documents to evaluate project with the criteria and decides whether to recommend a project for advancement Board considers staff recommendations and decides whether to advance project to the next stage Final MOU for signature, August 3, 2005 17 Project Advancement Criteria Transit Supportive Land Use and Access • Existing Land Use:Residential and/or Employment • Existing Intermodal Connections • Land Use Plans and Policies Ridership Development Plan • Ridership Threshold • Station Context Cost-Effectiveness • Cost per New Rider:Base Case • Cost per New Rider:with TOD • Cost per Transportation System User Benefit Regional Network Connectivity • Regional Transportation Gap Closure System and Financial Capacity • Core System Improvements • Capital Finance Plan • Operating Finance Plan Partnerships • Community and Stakeholder Support Attachment B Metrics for Staff Recommendations Final MOU for signature,August 3,2005 18 PROJFLT Sr IIIF $batrglc Fiirwanarnbl Cteanam' Oppar.nity Irhknhip t)evelopo:er PROPOSED CRITERIA A-- rlo Tnosit Supportive Land Use and Aecesa E.mrm find Use-Rcaidera�d and�or lvvmrnt IiI.NM:MWH ULN�MMWN Glaring lntcrt.odal Connauon. LLMiMlMHH ULNiMMWH L-d Use P—-d Pokes LLNtMMWH LTMiMMWH Rttlenhip Develepnleot Plan Rderah, Thrcah.ld L'LWMMWH stat..Conba LMIH Cos t Effectiveness Cost PC,New Rides a—C— :4UfM�:MMWH UIMM iMl4H Cost 1,—Kw-aih TOO LIMMM WH UIMM/MWH Coca pa T—s nnio.5ystcm U—Eienear ULM.MMWH Re(tionol Network Conneetivity Rcgonal Trnspnrt.tion Gap Clos.R L'M!H UMiH system artd Financal Capacity CaR sntem ltgsove.enn ULM/MMWH UIMM/MWH til F.ancc Pbn Us1iH LM/Ff t/N/H LMM Partnerships Co d ®i sralurh m.NWpv UfMMMWH ULNrMMWH RatittQLegend L Low LM:Low-Medico M:Medium MH:MedimHO H:Hgh Transit Supportive Land Use and Access Existing Land Use: Low- Medium- Residential Low Medium Medium Hiph Hiph Residential Density <5 5-9 10-14 15-24 >25 (units per Bross acre) Residential Density <15 16-25 26-45 46-75 175 (units per net acre) Total Unirs w/i 1.?mile <2,500 2,501- 5,001- 7,501- >12,500 radius 5,000 7,500 12,500 Estimated Trips at 30% <1,800 1,801- 3,601- 5,401- >9,000 mode share" 3,600 5,401) 9,000 Residential units within X mile radius of stations ••Estimated trips(two-way)based on 1.2 workers per household. Final MOU for signature,August 3,2005 19 Examples of Residential Density tY within 1/2 mile radius of BART Stations Low- Medium- Low Medium Medium High High Net North MetroWalk Strobridge Court Coggins Square Gaia Building Berkeley Richmond Castro Valley Pleasant Hili Berkeley BART BART BART BART BART (10+du/a) (20+du/a) (41 du/a) (58 du/a) (250 du/a) • a r e Gross* Orinda Rockridge Ashby 16th Street Civic Center (2 du/a) (9 du/a) (11 du/a) (22 du/a) (42 du/a) *Dwelling units per Gross Acre within 112 mile of station Wervem,1990) Transit Supportive Land Use and Access Existing Land Use: Low- Medium- Em to went Low Medium Medium High High Employment Density <10 10-20 21-50 51-100 >100 (employees per gross acre)' Million Sq.Ft.of <1.7 1.7-3.3 74-9.3 6.4-16.6 >16.6 Commercial Space w/i `./i mile radius Total Employees w/i <5,100 5,100- 9,901- 24,901- >49,800 I/2 mile radius 9,900 1 24,900 49,800 Estimated Trips at 10% <1,000 1,000. 2.001- 5,001- >10,000 mode share" 2,000 5,000 10,000 ' Employment within 1/2 mile radius of stations •' Estimated tnps(two-way)based on 3 employees per 1,000 square feet Final MOU for signature,August 3,2005 20 Examples of Employment Density within 1/2 mile radius of BART Stations Low Low- Medium- Medium Medium High High Grass* Union City Walnut Creek Berkeley 19th Street Montgomery (2) (19) (24) (65) (234) 'Employees per Gross Acre within 1!2 mile of station(Cervero,1990) Transit Supportive Land Use and Access Existing Low_ I I Medium-I Intermodal Low MediumHMedHi h High Connections' g Pedestrian ualissess ent BicycleQualissess tent Transit ualissess lent Pedestrian Comprohrnsrvane_ es o(Pedtrian Nerwork • Safe Access to Station Saes • Topography Bicyck • Bicyck Network Connectrvny • F-Wing Bicycle IJsagc • Camprehansivencsa of Buycic Network Transit Peak-Hour Trareir Routes • P.ak-Hour Routes w!Headws_ys 15 Mutates ax Less • Evening&Weekend Routes Final MOU for signature,August 3, 2005 21 Transit Supportive Land Use and Access Low Meddium Medium Medium Hi h High _ g Land Use Plans and Policies Quall alive Assessment Growth Mamgemeot •Con—tration ofdevelopment armnd esmbhah d activity centers and regional trantu Transit Supparti% Plans and policies to increase corridor and station era development Corridor Policies •Plans and policies to enhance tramiofriendly clvusaer of svtion area development •Cammitment to imer-junscimional consensus on land use Sapportive Z•niag •Zoning that mereages development demity in transit station areas Regulotlons Fear .Zoning that encourages mixed-use development Transit Sution •Zoning that eMatlro rami[-oriented character of area,and pedestrian access •Zoning that reduces parking and traffic mitigation Tools to Implement •Community outreach in support of land use planning Land Use Poacles •Regulatory and financial incentives to promote"tail support development Ridership Development Plan (Comprehensive Station Plan) Ridership Low- Medium- Threshold* Low Medium Medium High High BART <5,000 5,000- 10,000- 14,000- >20,000 9,999 13,999 20,000 Other Rail Technology %of BAA T per mile apital costs Express %ofBAN T per mile apital costs Bus/Bus Rapid Transit Includes: • Station Area Development • Station Access • Station Capacity&Functionality " Thresholds based on comdor-wide station avenge for daily trips to and from(entries and exits)new stations in horizon year with planned transit-oriented development and access improvcmcnts Final MOU for signature, August 3, 2005 22 Ridership Development Plan (Comprehensive Station Plan) Low Medium 1 High Station Context Qualitative Aj sessment Low:Station location that would not support transit-oriented development and that would negatively affect the quality of the station experience for patrons(i.e.freeway median) Medium:Station location with good potential for transit-oriented development and an acceptable station experience for patrons High:Station location that already has or would greatly facilitate transit-oriented development and would provide a good experience for patrons(i.e.downtown locations) f Cost Effectiveness Low Low- Medium Medium- High Medium High Cost per New Rider >S40.00 $25.01- $15.01 - $10.00- <$10.00 -Base Case 40.00 25.00 15.00 I Low Low �Medium Medium- High Medium High Cost per New Rider >S40.00 $25.01- $15.01- $10.00- :$10.00 -with TOD 40.00 25.00 15.00 (Costs in 2002 dollars) Final MOU for signature,August 3,2005 23 Cost Effectiveness Low Low Medium Medium- High Medium High Cost/Transportation TBD TBD TBD TBD TBD System User Benefit The cost effectiveness-transportation system user benefits measure is defined as a multimodal measure of perceived travel rime for all transportation system users in the forecast year,divided by the recommended cost of the project The nein measure de-tmphasires new riders and insieud measures the benefirs,jor users changing modes as well as existing transit riders and highway users. The cost effectiveness-transportation system user benefits measure will be phased in over time, becoming effective on September 1.2001. Federal Transit Administration-Frequently Asked Questions on New Starts Final Rule Regional Network Connectivity Low Medium High Regional Transportation Qualitative Assessment Gap Closure Assess the interconnected relationship of the transit expansion project and the existing transportation network,identifying opportunities for major gap closures(i.e.,airport,inter-city rail,commuter rail,light rail). Final MOU for signature,August 3, 2005 24 System and Financial Capacity Low Medium High Core System Improvements Qual tative As essment Enhances(at best)or minimizes demands on core system: • Yard/Support Facilities • Redundancy/Recovery Capabilities • Station and Line Haul Capacity System and Financial Capacity Low Medium High Capital Finance Plan* Quali adve Ass ssment *Capital Finance Plan rating based on: 1) A fully-funded project; 2) The stability,reliability and availability of proposed funding sources;and 3) Funding sources not competing with those that can be used for BART System Renovation and Core System Capacity needs(i.e.RTP/CMAQ or RIP). 4) For projects outside the District-funding sources not competing with those that can be used for District extensions. 5) For projects outside the District-core system improvements are funded in the Capital Financial Plan for the project 6) For project inside the District-core system improvements are funded in a parallel financial pian. Final MOU for signature, August 3, 2005 23 System and Financial Capacity Low Medium High Operating Finance Plan* Qualitative As essment Operating Finance Plan rating based on: 1) Estimated fambox recovery(Low:X30%;Medium:30-50%;and High:>50%); 2) The stability,reliability and availability of proposed operating subsidy. 3) For projects outside the District-funding sources that do not draw on,or risk the use of,District operating revenues. Partnerships Low ' i°W k Medium Medium- High Medium i High Community and Stakeholder ualitaltive A essment 1 Support Community Support Degree of Support Stakeholder Support •Degree of Support I Final MOU for signature,August 3, 2005 26 EXHIBIT B RIDERSHIP DEVELOPMENT PLAN PROCESS The BART System Expansion Policy requires that a Ridership Development Plan be undertaken for all proposed expansion projects of the existing BART system. The Ridership Development Plan must demonstrate that a corridor-wide ridership threshold can be achieved through measures such as transit-supportive land uses and investment in access programs and projects. 1. Ridership Estimates Ridership at both the corridor- and station-levels is estimated using a standard modeling methodology that incorporates assumptions regarding land use and transportation policies and projected growth. Transportation conditions such as infrastructure and traffic and congestion levels on local streets and highways were established in the Contra Costa Transportation Authority's east county traffic model, and are carried forward into CCTA's new Countywide model. A more complete description of the assumptions and inputs used for ridership estimation is contained in Ridership Estimation Methodology, attached as EXHIBIT C hereto. There are two categories of ridership estimates: Base Estimates and Ridership Thresholds Estimates. a. Base Estimates of station and corridor ridership are based on land use and transportation policies as established by the Association of Bay Area Governments (ABAG)applicable projections of population and employment. b.Ridership Threshold Estimates represent the minimum ridership deemed necessary to satisfy the criteria of BART's System Expansion Policy. Ridership Thresholds are based on the minimum ridership figure required to meet the recommended range of BART's System Expansion Policy. Base and Ridership Threshold Estimates for ridership associated with the proposed Project stations for the alternatives presently expected to be evaluated are as follows(in units of entries and exits for an average weekday in 2030): Conventional BART Alternative Corridor Base Estimate Ridership Thresh_old—�� To Hillcrest � TBD 14,000 Diesel Multiple Unit Alternative Corridor Base Estimate Ridership Threshold To B on 8,400 14,055 Bus Rapid Transit Alternative CorridorBase Esl dership Threshold To Byron 8,100 15,124 Final MOU for signature, August 3, 2005 27 Based on the results of the Feasibility Study, BART presently intends to evaluate a conventional BART alternative to Hillcrest Avenue, a DMU alternative,a Bus Rapid Transit Alternative and No Project alternative for purposes of environmental impact review as required under the California Environmental Quality Act(CEQA)and the National Environmental Policy Act(NEPA). This preliminary list of alternatives to be evaluated may be subject to change based on the outcome of the scoping process required under CEQA and NEPA. 2. Ridership Development Plans Corridorwide Plan Objectives As provided by BART's System Expansion Policy, in determining whether to adopt a system expansion project and where to locate new stations, BART shall consider whether Ridership Development Plans(RDPs)developed for each station can collectively demonstrate that the project will achieve a threshold ridership level. Strategies for boosting ridership include planning and implementation of transit- supportive land uses, improvements in local transportation programs and infrastructure, increases in transit feeder services and development of additional auto-serving parking facilities including parking in the station area. Ridership thresholds are developed on a Corridorwide and station-level basis. A Corridorwide threshold establishes the overall ridership generated by all stations included in a project. Corridorwide ridership thresholds are the basis for evaluation of the project under the BART System Expansion Policy. Station-level ridership thresholds refer to an individual station's share of the Corridorwide total. While there are threshold estimates at both the Corridorwide and station level,it is the Corridorwide ridership threshold that is considered under the BART System Expansion Policy. Therefore,although an individual station may not reach its individual threshold estimate, the Corridorwide threshold estimate must be met in order for the proposed Project to be favorably evaluated under the System Expansion Policy. As a result,to ensure favorable evaluation,the Cities and County must collectively demonstrate that the Ridership Threshold Estimate for the project can be achieved. Whether an individual station achieves its share of the Corridorwide threshold by land use changes or access improvements or some combination of the two is at the full discretion of the local jurisdiction as long as the Corridorwide ridership threshold is achieved. Plan Development and Content The planning process in the Cities or County will be led by city or county staff,with cooperation and assistance from BART,the Project consultant team and ECCTA. The RDP is obligated to address three component areas: Land Use, Access and Station Plans. The Cities and County, working together with BART, ECCTA and CCTA,will develop a detailed scope of work for the RDPs according to the unique setting and circumstances for the station planning area. To satisfy the requirements of the System Expansion Final MOU for signature,August 3,2005 28 Policy, the RDPs should perform the analysis necessary to produce the data required in estimating ridership at the station level. A. ADP Land Use Component The City,Cities or County with jurisdiction over land within the half-mile radius surrounding a proposed station will prepare the Land Use component of the RDP. If existing land use plans,policies and controls in conjunction with existing access modes are not sufficient to enable the station to achieve its share of the corridorwide ridership threshold, the land use plan must describe proposed ridership enhancement actions that would enable the station to do so. Such ridership enhancement actions may include General Plan amendments, Specific Plans, zoning amendments or other actions elected at the discretion of the city or county. To provide a basis for evaluating the station area plan, information should also be provided on the existing land use plans for the area of the City or County outside the half-mile radius; this information could be presented by summarizing the local jurisdiction's General Plan Land Use Element. Land use projections shall be for the planning horizon year of 2030. If a jurisdiction's General Plan does not extend to 2030, BART and the jurisdiction will utilize the projections incorporated into MTC's"Transportation 2030"Regional Transportation Plan. The information provided should include,at a minimum, the following elements: Table B.2.1 Detailed Land Use Plan Elements Existing Conditions 2030 Conditions Building permits approved 10- ear histo _ . Existing Zoning Proposed Zoning Zoning Map Zoning Ma Residential density Residential density Employment density Employrnent density Residential units Residential units Employees Employees Parking Requirements Parking Requirements Total Build-out Square Total Build-out Square Footage for: Footage for: Retail,Office, Industrial, Retail, Office,Industrial, Institutional,Recreation Institutional,Recreation B. RDP Access Component The City,Cities or County with jurisdiction over land within the half-mile radius surrounding a proposed station, with assistance from BART,CCTA and ECCTA, will prepare the Access component of the RDP. The RDP should develop a detailed Access Plan for the area within the half-mile radius around the station and also,at a lesser level of detail, information on access on a citywide or area wide scale. If existing access in conjunction with land use would not suffice to enable the station to achieve its share of the corridorwide ridership threshold, the Access Plan must describe proposed ridership enhancement actions that would enable the station to do so. Such ridership enhancement Final MOU for signature, August 3, 2005 29 actions may include General Plan amendments, Specific Plans, access improvements or other actions selected at the discretion of the city. The citywide access information should include expected traffic conditions on routes of regional significance, anticipated transit service and major bike and pedestrian facilities. Projected transportation and congestion conditions shall be for the planning horizon year of 2030. For the half-mile radius area, the Access Plans should contain,at a minimum,the following information: TableB.2.2 Detailed Access Plan Elements Existing Conditions 2030 Conditions Intersection v/c ratios for Intersection v/c ratios for AM and PM peak periods AM and PM peak periods Roadway capacity for AM Roadway capacity for AM and PM peak periods and PM peak periods Pedestrian facilities Pedestrian facilities Bicycle facilities Bicycle facilities Bus routes Bus routes Bus stops Bus stops Urban design guidelines Urban design guidelines Parking requirements Parkin requirements — —__ � Number,frequency of bus lines se-rving station Parking in addition to - Project-funded allotment C. RDP Station Plan In cooperation with the Cities, County and OCTA,BART will develop and provide the Station Plan component of the RDP. The Station Plan will consist of a detailed plan of the station property itself, including conceptual-level station design,related facilities and parking proposed to be constructed and funded by the Project. The Station Plan will present conceptual-level designs for station platforms, vertical circulation(stairs and escalators) and fare equipment. It will also address station property circulation,including paths of travel for buses, shuttles, taxis, automobiles,pedestrians,bicyclists and wheelchairs. In addition to automobile parking,the Station Plan will present carpool and accessible spaces along with bicycle parking facilities. Some local jurisdictions may wish to allow development on station surface parking properties,which would also be addressed in the Station Plan. Some local jurisdictions may wish to develop additional parking or other access facilities off the station property,which would be addressed in the Land Use and Access components rather than in the Station Plan. Evaluate Effectiveness of Ridership Enhancement Measures In e course of the RDP development process, new estimates of ridership may need to be revithsed based on proposed ridership enhancement measures such as access improvements and/or land use planning changes. In that event,Project staff will develop new estimates of ridership to reflect the impact of such measures. Final MOU for signature, August 3, 2005 30 3. Ridership Development Plan Implementation Under the System Expansion Policy criterion for transit-supportive land use,proposed projects are evaluated based on existing land use plans,policies and controls. Accordingly, in order to obtain favorable evaluation for the proposed Project on the transit-supportive land use criterion,unless the corridorwide ridership threshold is already met under existing conditions,the Cities/County must adopt and implement ridership enhancement actions such as General Plan amendments, Specific Plans, zoning amendments, access improvements or other actions selected at the discretion of the City/County and proposed in the RDPs. The Cities,County,BART,ECCTA and CCTA staff will work together to address outstanding issues relating to access and/or land use or other factors that may be preventing the threshold estimate from being achieved. Following or concurrent with development of their respective RDPs,the Cities and County will undertake any environmental review process required under CEQA for the adoption and implementation of the proposed ridership enhancement actions identified ill their RDPs. At the conclusion of environmental review, the City or County will make the discretionary decision whether or not to adopt and implement the actions identified in their RDPs. Thereafter, when evaluating the proposed Project, BART will consider the information contained in the RDPs,whether the RDPs demonstrate that the corridorwide ridership threshold can be achieved, and whether the ridership enhancement actions identified in the RDPs have been adopted and implemented. BART will consider this information in deciding whether or not to adopt the proposed Project as a whole and in deciding on the number and location of stations. 4. Funding for RDPs The RDP work undertaken by staff and consultants will be funded by a combination of Regional Measure 2, Measure C, Station Area Planning Program and T-PLUS funds as shown below,along with additional local funds: RM-2 Funds MTC $1.4 million Measure C Funds CCTA 0.4 million Station Area Planning Program MTC 0.5 million T-PLUS Program MTC 0.1 million Total available for City/County RDPs $2.4 million MTC, CCTA,BART and the jurisdictions will establish a system for prompt payment of properly prepared invoices. It is anticipated that each City or the County will commit staff time to the RDP work, and that the above resources may not cover all costs associated with the.RDP process. Final MOU for signature,August 3,2005 31 The total fund amount of approximately $2.4 million will be allocated among the Cities and County in a mutually agreeable manner, with approximately the same amount going to each station site for study. Final MOU for signature, August 3,200 32- EXHIBIT C RIDERSHIP ESTIMATION METHODOLOGY Overview The ridership forecasting methodology will be developed in a manner providing consistency with the previous ridership forecasts developed for the State Route 4 East Corridor Transit Study. It will also recognize the need to utilize modeling techniques that are acceptable at the regional level. CCTA has recently updated its travel demand forecasting model by consolidating its four EMME/2 subarea models (including the East County Model)into one Countywide Model that operates on the TransCAD software platform. After conferring with both CCTA and MTC modeling staff, it has been agreed that the Countywide Model is the appropriate tool for this analysis. The Countywide Model network has already been modified to include the eBART project as it is part of the Measure J funding program. 1. Base Ridership Forecast BART and/or its consultant will obtain from CCTA a copy of the Countywide Model which includes the eBART project and other planned transportation improvements consistent with the current Regional Transportation Plan,as well as current land use information from the Cities and County with jurisdiction within a half-mile radius of a proposed station site. The forecast year will be 2030,or approximately 20 years after project opening. For a jurisdiction whose current General Plan does not extend to 2030, BART and the jurisdiction will utilize the projections of MTC's"Transportation 2030" Regional Transportation Plan. A forecast will also be prepared for the first year of project operation. The forecasts will be based on the ABAG Projections 2003 population and employment estimates. BART and/or its consultant will enhance the portion of the CCTA model which represents Eastern Contra Costa County to more accurately reflect the actual planned location and capacity of the stations,and the types of connecting transit services and roadway access improvements which would be associated with the stations. Transit networks will be developed for each of the alternatives to be evaluated in the EIR/EIS, which would likely include a No-Build, Conventional BART(to Hillcrest),Bus Rapid Transit (BRT)to Byron/Discovery Bay, and eBART. The reasonableness of the model results will be evaluated through comparisons with past estimates and with the performance of other comparable transit projects in the Bay Area and elsewhere in the United States. Adjustments to the model will be made as appropriate in coordination with CCTA's modeling staff and project partners to provide more accurate forecasts. A working paper will be prepared presenting the modeling assumptions and methodology,and presenting the results of the baseline forecast. The working paper will be presented in draft form for review and comment by the Parties to the MOU. Final MOU for signature,August 3, 2005 33 2. Additional Ridership due to RDP Implementation BART and/or its consultant shall estimate additional ridership potential as a result of RDP Implementation. This estimation will involve a combination of analysis tools, including application of the Countywide Model, and use of post processing techniques. Estimation of additional ridership will focus on the three components of the RDP-- land use,access and station plan-- individually and in combination with one another. Land Use Component BART and/or its consultant shall estimate potential increases to the Base Forecast as a result of proposed General Plan amendments, Specific Plans, zoning amendments, or other actions as considered in the RDP. The Countywide Model may be applied to assess the impacts of increases in the number of households and employment as a result of the land use changes. Further estimation may be accomplished through post-processing techniques that consider in finer detail the impacts of density,diversity, and design on transit ridership. Access Component The access component of the RDP will develop roadway and transit network enhancements at a citywide and more detailed station-area level. BART and/or its consultant may incorporate the citywide components into the Countywide Model to estimate the additional ridership that could result if the access plan were implemented. Further analysis at the station-area level would be conducted through combined use of the Countywide Model and post-processing techniques. Station Plan The RDP will include a land use market analysis that will guide the development of each station area land use plan. BART and/or its consultant will determine the incremental growth in station area households(population) and employment that the station area plans represent in comparison with the amount of growth anticipated in the ABAG Projections 2003. Using a combination of available analysis tools, a methodology will be developed for estimating the additional ridership as compared with the Baseline forecast that would result from changes in station area land use density, diversity(the mix of residential, commercial, industrial,and public uses)and design as reflected in the station area plans. MTC has assembled substantial documentation of the transit usage characteristics of households and employment uses within one-half mile of a BART station. Depending upon the methodology that is adopted,the estimate of ridership resulting from implementation of the Station Plan may involve post-processing of the Countywide Model results to further evaluate the impacts of density, diversity and design on ridership. The transit trip generation factors which have been identified from this research will be applied to the incremental growth expected around the station sites to estimate the additional transit ridership that would likely result from this development. Final MOU for signature, August 3, 2005 34 BART and/or its consultant shall prepare a working paper to document the approach, methodology and results of estimating the incremental increase in ridership due to RDP implementation relative to the threshold ridership. The working paper will be presented in draft form for review and comment by the Parties to the MOU. 3. Sensitivity Tests BART and/or its consultant will conduct a series of sensitivity tests that will be designed to determine how shifts or changes in the RDP assumptions would affect ridership results. The assumptions will include not only land use, density and growth estimates, but also transit fares, fuel prices, and the timing of other major transportation improvements in the East County. A working paper will be prepared to document the findings of the sensitivity tests. The working paper will be presented in draft form for review and comment by the Parties to the MOU. Final MOU for signature,August 3,2005 35 DISPUTE RESOLUTION In the event of a dispute between or among the Parties that cannot be resolved informally, a formal dispute resolution process will be entered into with the goal of resolving differences in a timely fashion. Disputes must be recognized and identified by each Party. On a written request submitted to CCTA, acting as the overseeing body,disputes will be addressed through the process presented below: 1. First Level Each Party will designate staff to be the initial person(s)to confer regarding disputes. For BART,the First Level person,unless BART designates otherwise in writing, will be the eBART Project Manager. For the other Parties,the First Level person, unless otherwise designated in writing, will be the Project Planner from the City, or the County or ECCTA equivalent. After a dispute is submitted to CCTA,CCTA shall notify the other Parties involved in writing. Following receipt of such notice,the other Parties will respond in writing within ten (10)business days, or within such other period as the First Level persons may agree to. 2. Second Level Each Party will designate an individual to whom matters not resolved at the First Level will be referred. For BART,the Second Level person,unless BART designates otherwise in writing,will be the BART Executive Manager of Planning and Budget. For the other Parties, the Second Level person,unless otherwise designated in writing,will be the City Planning Director, or the county or ECCTA equivalent. If a dispute is not resolved at the First Level,the Parties may direct it to the Second Level by written notice to the other involved Parties. The Parties will respond within five(5)business days after receipt of such notice,or within such other period as the Second Level persons may agree to. 3. Third Level Each Party will designate an individual to whom matters not resolved at the Second Level will be referred. For BART, the Third Level person,unless BART designates otherwise in writing, will be the General Manager. For the other Parties,the Third Level person, unless otherwise designated in writing, will be the City Manager, County Executive, or the General Manager of ECCTA. If a dispute is not resolved at the Second Level, any of the involved Parties may direct it to the Third Level by written notice to the other involved Parties. The Parties will respond within five(5)business days after receipt of such notice,or within such other period as the Third Level persons may agree to. 4. Alternative Dispute Resolution Final MOU for signature, August 3, 2005 36 If the dispute is not resolved at the third level, the Executive Director of CCTA and the Third Level persons involved in the dispute shall agree upon a mediator to be selected by the parties to handle the issue. In the event of said private mediation, each Party agrees to contribute an equal share of the cost of the mediation and to bear its own costs for said mediation. If the Dispute Resolution Process fails to assist the Parties in resolving their dispute,the Parties retain all of their rights under California law. Final MOU for signature, August 3,2005 37 Table 3.2 Phase II Planning Schedule From July 19, 2005 Scoping Meeting Deliverable TDue Date Draft RDP Scope Day 30 Draft Land Use and Access Data Day 60 Parties Review of Draft Ridership Day 77 Estimates Parties Review Schematic Transfer Plan Day 180 and Schematic eBART Station Plan Development of Land Use and Access Day 270 and Station Plans (if necessary) Evaluate Ridership enhancement Day 300 measures (if necessary) Draft Final Plans Day 330 Final Plans presented for review by Day 365 Parties IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Understanding effective as of the latest date set forth below. City of Brentwood: Mayor City of Oakley: Mayor City of Pittsburg: Mayor Contra Costa County: Chair, Board of Supervisors Eastern Contra Costa Transit Authority: Board Chair Contra Costa Transportation Authority: Board Chair BART.- Board President City of Antioch: Mayor Final MOU for signature, August 3, 2005 8 City of Brentwood: Mayor [ �J Final MOU for signature,August 3, 2005 9 city of Oakley:- Mayor akley:Mayor Final MOU for signature,August 3,2005 10 City of Pittsburg: Mayor Final MOU for signature,August 3, 2005 t Eastern Contra Costa ransrt Au rity: Board Chair J`4' Os- Final SFinal MOU for signature,August 3, 2005 13 Contra Co. Ti- i n A t Board Chair Final MOU for signature,August 3. 2005 14 BART.• Board President Final MOU for signature,August 3,2005 15 City of Anh: 17 Mayor APPROVED AS TO FORM: By: 11���1r�u- g- 'gi-'e'Azz WILLIAM R. GALSTAN City Attorney Final MOU for signature, August 3, 2005 8 Attachment No. 2: First Amendment to the Memorandum of Understanding East Contra Costa BART Extension (eBART) Project FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING AMONG THE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, CITY OF ANTIOCH, CITY OF BRENTWOOD, CITY OF OAKLEY, CITY OF PITTSBURG, CONTRA COSTA COUNTY, CONTRA COSTA TRANSPORTATION AUTHORITY AND EASTERN CONTRA COSTA TRANSIT AUTHORITY IN CONNECTION WITH THE PROPOSED EAST CONTRA COSTA BART EXTENSION RECITALS 1. The parties to this First Amendment to the Memorandum of Understanding (the "First Amendment") are the City of Antioch, City of Brentwood, City of Oakley, City of Pittsburg, Contra Costa County,the San Francisco Bay Area Rapid Transit District(`BART"), Contra Costa Transportation Authority ("CCTA"), and Eastern Contra Costa Transit Authority("ECCTA") (collectively,the "First Amendment Parties"). 2. In or about August 2005, the First Amendment Parties entered into a Memorandum of Understanding (the "MOU")to memorialize their agreement with respect to certain aspects of the Proposed East Contra Costa BART Extension("the Project"). 3. Over the course of the last two years, the scope of the project and the schedule for completing certain aspects of the Project has changed. The revised Project would extend BART service from the existing Pittsburg/Bay Point BART Station to a terminus station in Antioch in the area of Hillcrest Avenue. The revised Project would not extend to the Cities of Oakley or Brentwood or further unincorporated areas of Contra Costa County at this time 1 5176Ov4 4. Based on the Project schedule change, the First Amendment Parties now wish to amend the MOU to acknowledge and provide for said revised schedule and to delete Contra Costa County, the City of Oakley, and the City of Brentwood from the list of Parties to the MOU. The remaining parties include the City of Antioch, the City of Pittsburg, BART, CCTA, and ECCTA(collectively,the "Parties"). AGREEMENT NOW THEREFORE,the Parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows: 1. Recital 1 to the MOU is deleted in its entirety and the following recital is added in its place. "1. The Parties to this Memorandum of Understanding ("MOU") are the City of Antioch, City of Pittsburg (collectively, the "Cities"),the San Francisco Bay Area Rapid Transit District ("BART"), Contra Costa Transportation Authority ("CCTA"), and Eastern Contra Costa Transit Authority("ECCTA") (Collectively, the "Parties")." 2. Recital 3 to the MOU is deleted in its entirety and the following recital is added in its place: 443. The Parties desire to achieve this goal by cooperating in the development of a proposed project by BART for a high quality rapid transit system to serve the east Contra Costa County communities of Pittsburg and Antioch (the "Project")." 3. Recital 4 to the MOU is deleted in its entirety and the following recital is added in its place: 464. The Parties acknowledge that BART has initiated the environmental review for the proposed Project. BART conducted scoping meetings on July 19 and 20, 2005 for the alternatives and impacts to be studied in the environmental document. A Notice of Preparation for the revised Project is being prepared and will be issued shortly." 4. Recital 7 is deleted in its entirety and the following recital is added in its place. 447. The Parties acknowledge that in the proposed Project corridor,the Cities have authority over land use planning within their respective jurisdictions and 2 517GOv4 have adopted general plans, zoning ordinances and other land use plans, policies and controls addressing matters such as density of land uses, mix of land uses and the future growth and character of their residential and business communities." 5. Recital 8 is deleted in its entirety and the following recital is added in its place. 648. The Parties acknowledge that pursuant to their respective land use planning and control jurisdiction, the Cities make and/or participate in making decisions on local transportation and infrastructure including the placement and capacity of local streets and roads, pedestrian,bicycle, and public auto-use and parking facilities, all of which are important factors in encouraging rapid transit ridership." 6. Recital 11 is deleted in its entirety and the following recital is added in its place. "11. The Parties acknowledge that in order to demonstrate sufficient anticipated ridership for favorable evaluation of the proposed Project, BART's System Expansion Policy provides that a Ridership Development Plan be prepared and implemented for each station in the Project corridor. The Cities acknowledge that they are responsible for preparing and implementing the Ridership Development Plans for the station(s)within their respective jurisdictions, with the cooperation, assistance and financial support of BART and its funding partners." 7. Recital 13 is deleted in its entirety. 8. Recital 14 is renumbered Recital 13. 9. Paragraph 1.1 of the MOU is deleted in its entirety and the following paragraph is added in its place. "1.1 The Cities are responsible for the development and implementation of their own land use and local transportation plans, policies and controls within their respective jurisdictions." 10. Paragraph 1.3 of the MOU is deleted in its entirety and the following paragraph is added in its place. "1.3 CCTA, as the entity that collects and administers the County's half-cent sales tax, is responsible for working with local and regional partners to identify funding priorities and ensuring these priorities receive adequate funding. CCTA 3 517GOv4 is responsible for ensuring that the $150 million in Measure J funds earmarked for East County transit are spent cost-effectively. CCTA also provides resources to the Cities completing the Ridership Development Plans." 11. A new paragraph 1.5 is added as follows: "1.5 The Parties acknowledge that, based on the revised scope of the Project, the County, the City of Oakley, and the City of Brentwood will not be preparing RDPs at this time. At such time that any further extension is contemplated, BART and CCTA will work with MTC to attempt to obtain funding for the development of RDPs by the appropriate entity." 12. Paragraph 2.1 of the MOU is deleted in its entirety and the following paragraph is added in its place. "2.1 An RDP will be developed by each of the Cities, to be funded pursuant to Section 2.3." 13. Table 2.1 is deleted in its entirety and the following Table is added in its place: Table 2.1 Corridorwide Ridership Threshold Estimates by Technology Alternative Technology Alternative Ridership Threshold Conventional BART to Hillcrest 14,000 DMU to Hillcrest 5,856 Bus Rapid Transit to Byron 15,124 14. Paragraph 2.10 is deleted in its entirety and the following paragraph is added in its place. "2.10 The Parties agree that, as part of the proposed Project,the Cities commit to achievement of the corridorwide ridership threshold for the horizon year(2030) through preparation and implementation of the Ridership Development Plans. For jurisdictions whose current General Plan does not extend to 2030, BART and the jurisdiction will utilize the projections incorporated into MTC's "`Transportation 2030 Regional Transportation Plan."' 15. Paragraph 2.11 is deleted in its entirety and the following paragraph is added in its place. 4 517GOv4 "2.11 The Parties agree that the Cities commit to preparing and implementing Ridership Development Plans incorporating land use and/or access improvements at and around the proposed Project stations that are sufficient to achieve the corridorwide ridership threshold." 16. Paragraph 2.12 is deleted in its entirety and the following paragraph is added in its place. "2.12 The Parties agree that the Cities commit to implementing convenient and efficient access to the proposed Project stations for pedestrians, transit users, bicyclists and automobiles that is sufficient to achieve the corridorwide ridership threshold." 17. Paragraph 2.16 is deleted in its entirety and the following paragraph is added in its place. "2.16 Following execution of this MOU, the Cities will undertake development of their respective Ridership Development Plans. The Ridership Development Plans shall propose actions to enhance transit ridership through access and/or development as described in EXHIBIT B hereto. The Parties agree that BART will participate in the review of the draft Ridership Development Plan documents before adoption by the respective Cities and will also have the opportunity to participate in any public outreach meetings or workshops conducted by the Cities during the Ridership Development Plan process. The Parties agree that, as part of the Ridership Development Plan process, they will actively share any relevant data as needed." 18. Paragraph 2.17 is deleted in its entirety and the following paragraph is added in its place. "2.17 Following or concurrent with development of their respective Ridership Development Plans, the Cities will undertake any environmental review process required under CEQA for the adoption of the proposed ridership and development enhancement actions identified in the Plans. At the conclusion of environmental review, the Cities will make the discretionary decision whether or not to adopt and implement the actions identified in their Ridership Development Plans." 5 51760A 19. Paragraph 2.18 is deleted in its entirety and the following paragraph is added in its place. "2.18 When evaluating the proposed Project under the System Expansion Policy criterion for transit-supportive land use, BART will consider the information contained in the Ridership Development Plans, whether the Plans demonstrate that the corridorwide ridership threshold for the proposed Project can be achieved, and whether ridership enhancement actions identified therein have been adopted and implemented by the Cities. BART will consider this information in deciding whether or not to adopt the proposed Project." 20. Table 3.1 is deleted in its entirety and the following table is added in its place. Table 3.1 Ridership Development Plan Schedule Phase Activities Milestones to be achieved IIA. Within Identification of alternative • Completion of Refined 240 Days of land use and circulation Alternative Plans sufficient to October 1, concepts identify the range of potential 2007 • Access Concepts development in the station area • Land Use Concepts • Development Program —number of dwelling units by type of housing -square feet of commercial/industrial floor area by type of commercial and industrial use -number of rooms of hotel/lodging,and square feet of ancillary conference and gym facilities IIB.Within Development of Preferred • Completion of Preferred 360 Days of Plan and Plan Proposals) Ridership Development Plan October 1, . Access Component • BART releases Draft Project 2007 • Land Use Component EIR • Station Component • Revised ridership estimates • Environmental review of actions identified in Ridership Development Plans b Cities 6 5176Ov4 • Continued work on Project environmental review by BART II.0 Within • Preparation of • Completion of Administrative 420 Days of Administrative Draft Draft Plan and EIR October 1, Plan,containing all 2007 components of the Preferred Plan,plus an Implementation Strategy • Preparation of Administrative Draft EIR III.Within 30 • BART Board considers Days of certification of Project substantial environmental document and completion adoption of Project of Phase II 21. Paragraph 3.2 and Table 3.2 are deleted in its entirety and the following paragraph and Table are added in their place. "3.2 Pursuant to the above schedule, Phase II of the Ridership Development Plan process contains the bulk of the significant planning activity to be undertaken by the Parties. The Parties agree and acknowledge that there may be significant differences in Plan structure and scheduling among the Cities. Recognizing the need to coordinate with the Caltrans State Highway 4 Project, the Parties commit to the completion of the Phase II planning component of the Ridership Development Plan process and appropriate environmental review with a target completion date of fourteen (14) months from October 1, 2007 as follows: Table 3.2 Phase II Planning Schedule From October 1, 2007 Deliverable Due Date Final RDP Scope Day 1 Draft Land Use and Access Data Day 30 Parties Review of Draft Ridership Day 60 Estimates Parties Review Schematic Transfer Plan Day 90 and Schematic eBART Station Plan Identification of Alternative Land Use I Day 150 7 51760v4 and Access and Station Plans and preliminary estimate of growth projections and development program(if necessary) Evaluate Ridership Enhancement Day 180 Measures (if necessary) Final Land Use and Access Alternatives Day 240 and Related Development Programs; BART Review Station Area Preferred Plan and final Day 360 growth and transportation assumptions Final Plans Presented for Review by Day 420 Parties Appropriate Environmental Document Day 495 Approved 22. The list of Base Estimate and Ridership Threshold figures on pages 1 to 2 of Exhibit B is deleted in its entirety and the following list is added in its place. The Proposed Project Corridor Base Estimate Ridership Threshold To Hillcrest 10,100 5,856 Conventional BART Alternative Corridor Base Estimate----T—Ridership Threshold To Hillcrest 12,000 14,000 Bus Rapid Transit Alternative Corridor Base Estimate Ridership Threshold To Hillcrest 10,300 6,325 23. The first full paragraph on page two of Exhibit B is deleted in its entirety and the following paragraph is added in its place: "For purposes of environmental impact review as required under the California Environmental Quality Act(CEQA), BART is evaluating a proposed project consisting of Diesel Multiple Unit(DMU)technology, with Bus Rapid Transit (BRT), conventional BART and electric light rail vehicle (LRV) alternatives, in the median of State Highway 4 to a station in the area of Hillcrest Avenue. This 8 517GOv4 preliminary list of alternatives may be subject to change based on the outcome of the scoping process required under CEQA." 24. The first paragraph on page 6 of Exhibit B is deleted in its entirety and the following paragraph is added in its place. "It is anticipated that each City will commit staff time to the RDP work, and that the above resources may not cover all costs associated with the RDP process." 25. The second paragraph on page 6 of Exhibit B is deleted in its entirety and the following paragraph is added in its place. "The total fund amount of approximately $1.15 million will be allocated between the Cities in a mutually agreeable manner. 9 5176Ov4 IN WITNESS WHEREOF,the Parties have executed this First Amendment as follows: City of Antioch Mayor City of Brentwood.• Mayor City of Oakley: Mayor City of Pittsburg: Mayor Contra Costa County. Chair, p� Board of Supervisors d n O Eastern Contra Costa Transit Authority: Board Chair Contra Costa Transportation Authority: Board Chair 10 517GOv4 Disco Bay Partners LLC, General Plan Amendment Study Request for APNs: 011-220-013/014 (County File: GP#08-0002) Current General Plan OS p n pace) P-1 4(Si e- a it Re idential) A-40 AC(Agric I u AL(Agricultural Lands) ter) A-3 -�l u i LIL Legend C3 Site General Plan OS (Open Space) Urban Limit Line SM (Single Family Resi. - Medium) AL (Agricultural Lands) 0 Parcels SH (Single Family Resi. - High) AC (Agricultural Core) L7j Zoning PS (Public/Semi-Public) WA(Water) PR (Parks and Recreation) Proposed General Pla I P-1 (Sin I -F m ly a 'dential) OS O en Space) p ) SH (Single-Family Residential - High Density) 5.0 -7.2 Units per Net Acre OS(Open Space) PR(Parks & Recreation) A-40 SH (Single-Family Residential - High Density) 5.0 -7.2 Units per Net Acre ater) OS (Open Space) PR (Parks & Recreation) AC(Agric tL ral Core) AL(Agricultural Lands) I N PS(Pub Mao created 7/8/2008 Feet by Contra Costa Conservation and Development Department 0 105 210 420 630 840 Community Development Division--GIS Group 651 Pine Street,4th Floor North Wing,Martinez,CA 94553-0095 37:59:48.455N 122:06:35.384W This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited.Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.