HomeMy WebLinkAboutMINUTES - 02082005 - C58 TO: BOARD OF SUPERVISORS •••t� `, :_�•,
Contra
M. BARRY AICP +~ Costa
FROM: DENNIS M °: :.`"���
DEVELOPMENT DIRECTOR "• -�•'
COMMUNITY D County
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•S rA:cervK�~j'
DATE: FEBRUARY 8, 2005 0*"SF(
SUBJECT: DRAFT MOU FOR THE SR-4 EAST TRANSIT CORRIDOR PROJECT
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
REFER the draft Memorandum of Understanding for the State Route 4—East Transit
Corridor Project with SF-BART, East County Cities, CCTA, and Tri-Delta Transit to
the Board's Transportation, Water, and Infrastructure Committee and County
Counsel.
f
CONTINUED ON ATTACHMENT: X YES SIGNATURE y
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES
ACTION OF BOARD ON .e- ?!5,v ROVED AS RECOMMENDED OTHER
0 /
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
UNANIMOUS ABSENT SUPERVISORS ON THE DATE SHOWN
AYES: NOES:
ABSENT: ABSTAIN:
t.
Contact: P. Roche,Adv Planning(925-335-1242) ATTESTED
cc: CAO JOHN SWEETEN, CLERK OF TQg BOD OF
Clerk of the Board SUPERVISORS AND COUNTY ADMINISTRA OR
County Counsel h
Public Works Department
CDD-Transportation Planning BY DEPUTY
SF-BARTD {via CDD}
I %
February 8, 2005
Board of Supervisors
Draft MOU for the SR 4 East Transit Corridor Project
Page 2
FISCAL IMPACT
To be determined. The MOU proposes that the cities and the County prepare Ridership Development
Plans for each station proposed within their jurisdiction and undertake an environmental review
process for these plans. A review of General Plan policies and zoning will be part of the Ridership
Development Plans. The MOU proposes to fund this responsibility by a combination of transit project
funds and local matching funds. It is the Department's policy that costs for plan preparation and
environmental review be funded by application fees. At this time, there is no applicant to cover any
local match.
BACKGROUND / REASONS FOR RECOMMENDATION
Community Development Department staff has been contacted by staff from the SF Bay Area Rapid
Transit District(BART)about a proposed Memorandum of Understanding (MOU)between BART, East
County Cities, Contra Costa County, Contra Costa Transportation Authority, and Tri-Delta Transit to
undertake work on the State Route 4 —East Transit Corridor 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.
SF-BART Board of Directors has adopted a System Expansion Policy that requires that a Ridership
Development Plan be prepared for proposed infill stations or expansion of the existing BART system.
The Ridership Development Plan must demonstrate that a target-level ridership 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.
A broader study of economic development potential for new station areas in East County has been
proposed by the cities to serve as the Ridership Development Plans. A key premise under this draft
MOU is that through this planning effort each jurisdiction with a proposed station site will work together
with BART, OCTA, and Tri-Delta Transit to prepare a land use component and access component
aimed a reaching the corridor-level ridership. A station site is proposed in the unincorporated
community of Byron. Staff recommends that the attached draft MOU be referred to the Board's
Transportation, Water, and Infrastructure Committee and County Counsel for review and
consideration.
GAAdvance Planning\adv-plan\eBART Corridor P1anning\SR4EastMOUBO.doc
DRAFT- FOR DISCUSSION PURPOSES ONLY
Draft No. 9
MEMORANDUM OF UNDERSTANDING
Among
San Francisco Bay Area Rapid Transit District,
City of Antioch, City of Brentwood, City of Oakley,
Contra Costa County, Contra Costa Transportation Authority
and Tri-Delta Transit District
Regarding
the State Route 4 East Transit Corridor Project
WHEREAS,the Parties to this Memorandum of Understanding ("Memorandum") are the
City of Antioch, City of Brentwood, City of Oakley(collectively,the "Cities"), Contra
Costa County(the "County"), San Francisco Bay Area Rapid Transit District ("BART"),
Contra Costa Transportation Authority("CCTA"), and Tri-Delta Transit District.
WHEREAS, the Parties support the goal of expeditiously bringing high quality rapid
transit service to east Contra Costa County residents.
WHEREAS, 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 Transit Corridor("the Project").
WHEREAS, BART and CCTA have prepared a feasibility study,which examines transit
alternatives for the proposed Project corridor, entitled the State Route 4 Transit
Feasibility Study. The Feasibility Study considers Conventional BART, Diesel Multiple
Unit("DMU"), Commuter Heavy Rail, Express Bus and Bus Rapid Transit alternatives.
WHEREAS, rapid transit ridership is generated by the population and employment that
surround stations and the ability to provide adequate access to and from stations for
transit passengers.
WHEREAS, 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.
WHEREAS,pursuant to their land use planning and control jurisdiction,the Cities and
County make and/or participate in decisions on local transportation and infrastructure
including the placement and capacity of local streets and roads,pedestrian, bicycle and
public parking facilities, all of which are important factors in encouraging rapid transit
ridership.
WHEREAS,,the Metropolitan Transportation Commission("MTC"), as the regional
planning agency for transportation investment in the Bay Area, has emphasized the
strong connection between land use and transportation investment through a policy
DRAFT—FOR DISCUSSION PURPOSES ONLY
Draft No. 9
platform which states: "Condition regional discretionary funding for MTC's Resolution
3434 regional transit expansion program to the provision of supportive land uses in those
transit corridors and around those stations."
WHEREAS,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.
WHEREAS, on December 5, 2002, the BART Board of Directors adopted the BART
System Expansion Policy and Criteria (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.
WHEREAS, in order to demonstrate sufficient anticipated ridership for favorable
evaluation of the proposed Project, the System Expansion Policy provides that a
Ridership Development Plan be prepared and implemented for each station in the Project
corridor. The individual Cities and/or the County 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.
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WHEREAS, the Parties desire to enter into this Memorandum to express their
commitment to development and implementation of Ridership Development Plans for
stations in the proposed Project corridor that will achieve sufficient ridership to ensure
that the proposed Project represents a productive transit investment that satisfies the
System Expansion Policy goals.
NOW, THEREFORE, the Parties hereto agree as follows:
Section 1. The Roles of Participants in the Economic Development Plan Process
The Parties recognize and acknowledge the following roles for the participants in the
Economic Development Plan process:
2
DRAFT— FOR DISCUSSION PURPOSES ONLY
Draft No. 9
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.
BART, as the Bay Area's regional rail transit system, is responsible for developing,
evaluating and adopting proposed projects to expand rapid 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.
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. C �I'��� �v �cQ�r��i� ,��e
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The TRI-DELTA TRANSIT DISTRICT is responsible for providing bus and paratransit
services in eastern Contra Costa County,which will include feeder service to the existing
Pittsburg/Bay Point BART station and future Project transit stations in east Contra Costa
County.
2. Agreements of the Parties.
2.1 The Parties agree that an Economic Development Plan shall be prepared for each
station of the proposed Project by the City or Cities (or, as applicable, the County)with
jurisdiction over land within the 1-mile radius surrounding that station,with cooperation
and assistance from BART and CCTA.
2.2 The Parties agree that the Economic Development Plans shall be prepared and
implemented by the Parties substantially in the manner described in the Ridership
Development/Economic Development Plan Process, attached hereto as EXHIBIT B. Any
substantial departure from the process described in EXHIBIT B with respect to the
Economoic Development Plan for an individual station shall be mutually agreed on by
the Parties participating in the development of that station's Economic Development
Plan.
2.3 Ridership estimates for the Project have been prepared for purposes of this
Memorandum using the modeling methodology as described in the Ridership Estimation
Methodology, attached hereto as EXHIBIT C. All ridership estimates are for the
planning horizon year of 2025. The Parties agree that the methodology used is
acceptable and appropriate for the proposed Project.
2.4 Based on the agreed-on modeling methodology,the Parties agree that the Corridor-
wide Target Estimates (as defined in EXHIBIT B hereto) of Project ridership for
purposes of Economic Development Plan development, in order to fulfill the goals of the
3
DRAFT-FOR.DISCUSSION PURPOSES ONLY
Draft No. 9
System Expansion Policy and this Memorandum, are as follows (in units of entries and
exits for an average weekday in 2025):
Table 2.1
Corridor-wide Ridership Target Estimates,
by Technology
Technolo Alternative Targets Estimates
Conventional BART 14,5000
DMU 141055
LRT N/A
F Bus Rapid Transit 15,124
1
The Target Estimates for the Project as a whole may be revised only by mutual
agreement of the Parties.
2.5 Following the execution of this Memorandum,BART will undertake the
environmental review process for the proposed Project and alternatives under the
California Environmental Quality Act("CEQA") and, if applicable,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 Target
Estimates identified in EXHIBIT B.
2.6 Following execution of this Memorandum, the Cities and County will undertake
development of their respective Economic Developments Plans. The Economic
Development Plans shall propose actions to enhance transit ridership as described in
EXHIBIT B hereto.
2.7 Following or concurrent with development of their respective Economic
Development Plans,the Cities and County, in coordination with OCTA, will undertake
the environmental review process under CEQA for the adoption of the proposed ridership
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.
2.8 When evaluating the proposed Project under the System Expansion Policy criterion
for transit-supportive land use, BART will consider the information contained in the
Economic Development Plans, whether the Plans demonstrate that the Target Estimate
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 as
a whole and in deciding on the number and location of stations.
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DRAFT— FOR DISCUSSION PURPOSES ONLY
Draft No. 9
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2.11 The Parties agree that in the event of disputes concerning the matters addressed in
this Memorandum, they will utilize the dispute resolution process described in EXHIBIT
B.
3. Schedule.
3. 1 The Parties agree that the Economic Development Plan process will be completed in
phases with proposed milestones as indicated below. The Parties agree to work towards
achieving the milestones according to the schedule presented below. This schedule may
be modified by mutual agreement of the Parties.
Table 3.1
Ridership Development Plan Schedule
Phase Activities Milestones to be achieved
I. Circulation of • Signing of MOU by the
60 • Draft MOU Parties
Days • Initial ridership estimates • Initiate proposed Project
• BART Access Guidelines environmental review
• BART TOD Guidelines
II. Development of Economic • Completion of Economic
365 Development Plans Development Plans
Days • Access Component
• Land Use Component
• Station Component
• Revised ridership
estimates
Initiate work on Project EIR
III. • Environmental review of • Cities and County adopt
270 actions identified in actions identified in Economic
Days Economic Development Development Plans
Plans • Release of Draft Project EIR
Continued Work on Project
EIR
IV. • BART Board considers
30 Project EIR and adoption of
Days Project
5
DRAFT - FOR DISCUSSION PURPOSES ONLY
Draft No. 9
3.2 Pursuant to the above schedule, Phase H of the Economic Development Plan process
contains the bulk of the significant planning activity undertaken by the Parties. The
Parties agree and acknowledge that there maybe 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 11 planning component of the Economic
Development Plan process with a target date of 365 days from the execution of this
Memorandum and proposed milestones as follows:
Table 3.2
Phase III Planning Schedule
Deliverable Due Date
Draft Plan Scope Day 30
Draft Land Use and Access Data Day 60
Parties Review of Draft Ridership Day 77
Estimates
Development of Land Use and Access Day 270
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
6
DRAFT- FOR DISCUSSION PURPOSES ONLY
Draft No. 9
IN WITNESS WHEREOF,, the Parties hereto have executed this Memorandum of
Understanding effective as of the latest date set forth below.
City of Antioch: Date:
City Manager
City of Oakley :
City Manager
City of Brentwood:
City Manager
Contra Costa County:
County Executive
For Tri-Delta Transit
General Manager:
For CCTA
Executive Director:
For BART
General Manager:
7
DRAFT - FOR DISCUSSION PURPOSES ONLY
Draft No. 9
EXHIBIT A
BART SYSTEM EXPANSION POLICY AND CRITERIA ([ADD DATE])
8
i
DRAFT— FOR DISCUSSION PURPOSES ONLY
Draft No. 9
EXHIBIT B
RIDERSHIP DEVELOPMENT/ECONOMIC DEVELOPMENT PLAN PROCESS
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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 are established by CCTA's east county
traffic 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
Target 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 (Al"AG) applicable projections of population and employment.
b.Ridership Targets represent the minimum ridership deemed necessary to satisfy
the criteria of BART's System Expansion Policy. T� et E tat s ba. don
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Base and Target Estimates for ridership associated with the proposed Project stations for
the proposed Project alternatives are as follows (in units of entries and exits for an
average weekday in 2025):
Conventional BART Alternative
Station Base Estimate Ridership Target
Hillcrest TBD 145000
Diesel Multiple Unit Alternative
Station Base Estimate Ridership Targets
9
DRAFT- FOR DISCUSSION PURPOSES ONLY
Draft No. 9
Fairgrounds
Hillcrest
Empire/Neroly
Brentwood
Byron
Total Corridor 85400 145055
Light Rail Alternative
Station Base Estimate Ridership Targets
Fairgrounds TBD
Hillcrest TBD
Empire/Neroly TBD
Brentwood TBD
Byron TBD
Total Corridor 89400
Bus Rapid Transit Alternative
Station Base Estimate Ridership Targets
Fairgrounds TBD
Hillcrest TBD
Empire/Neroly TBD
Brentwood TBD
Byron TBD
Total Corridor 8,100 151124
Based on the results of the State Route 4 Transit Feasiblity Study, BART intends to
evaluate a Conventional BART Alternative,DMU Alternative, Light Rail Alternative,
Bus Rapid Transit Alternative and No Project Alternative for purposes of environmental
impact review as required under the California Environmental Quality Act(CEQA) and,
if applicable,the National Environmental Policy Act (NEPA).
2. Economic Development Plans
Corridor-Wide 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
Economic Development Plans (EDPs) developed for each station can collectively
demonstrate that the project will achieve a target 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 parking facilities in the
station area. Ridership targets are developed on a corridor-wide and station-level basis.
10
DRAFT— FOR DISCUSSION PURPOSES ONLY
Draft No. 9
Corridor-wide ridership targets establish the overall ridership generated by all stations
included in a project. Corridor-wide ridership targets are the basis for evaluation of the
project under the BART System Expansion Policy. Station-level ridership targets refer to
an individual station's share of the corridor-wide total.
While there are target estimates at both the corridor-wide and station level, it is the
corridor-wide target that is considered under the BART System Expansion Policy.
Therefore, although an individual station may not reach its individual Target Estimate,
the corridor-wide Target 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, cities must collectively demonstrate that the Target Estimate for the project
can be achieved. Whether an individual city achieves its share of the corridor-wide
Target Estimate by land use changes or access improvements or some combination of the
two is at the full discretion of the city.
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The EDP
is obligated to address three component areas: Land Use, Access and Station Plans.
OCTA, working together with the cities and BART, will develop a detailed scope of work
for the EDP(s). To satisfy the requirements of the BART policy, the EDP(s) should
perform the analysis necessary to produce the data required in estimating ridership at the
station level.
A. EDP Land Use Component
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EDP should develop a detailed land use plan for the area within the 1-*-mile radius around
the station. If existing land use plans,policies and controls in conjunction with Access
would not suffice to enable the station to achieve its share of the target estimate, 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. The allowance of higher intensity development within a specific plan area
11
DRAFT— FOR DISCUSSION PURPOSES ONLY
Draft No. 9
shall be as-of-right and not subject to conditional approvals by planning commissions or
city councils. 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 outside the 1-mile
radius; this information could be presented by summarizing the city's general plan land
use element. Land use projections shall be for the planning horizon year of 2025. The
information provided should include, at a minimum, the following elements:
Table B.2.1
Detailed Land Use Plan Elements
V 0,0
Existing Conditions 2025 Conditions ?gi
F.: {? +N;:
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Building permits approved
(I 0-year history)
Existing Zoning Proposed Zoning
Zoning Map Zoning Map
Residential density Residential density
Employment density Employment 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. EDP Access Component
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t f the' =EDP should- develop a detailed Access Plan for the area
within the 1-mile radius around the station and also, at a lesser level of detail, information
on access on a citywide scale. If existing access in conjunction with land use would not
suffice to enable the station to achieve its share of the Target Estimate, the Access 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, 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 2025. For the 1-mile radius area, the Access Plans should contain, at a minimum, the
following information:
12
DRAFT— FOR DISCUSSION PURPOSES ONLY
Draft No. 9
TableB.2.2
Detailed Access Plan Elements
Existing Conditions 2025 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 Parking requirements
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+'A:r,.•:�,::k},•;fi.�:;';}f���?a .'Y:,�v'::�3}',,,•.yt..::•.:•cf•:.. �r}.^ .;�.r• .'u.• ;.�6rr{.•$n+y♦.•:.
-
:.: Pro ect funded allotment
C• EDP Station Plan
o+
rat w�the:cap
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CTAT W.
dev
:..:: Ido Sta on
` p � P 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 ticket collection 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 cities
may wish to allow development on station surface parking properties, which would also
be addressed in the Station Plan. Some cities 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 the course of the EDP development process, new estimates of ridership may need to be
revised 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.
3. Economic 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
13
DRAFT—FOR DISCUSSION PURPOSES ONLY
Draft No. 9
transit-supportive land use criterion, unless the target estimate is already met under
existing conditions,the cities 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 cities and proposed in the
EDPs.
CCTA, BART, Tri-Delta Transit and City staff will work together to address outstanding
issues relating to access and/or land use that may be preventing the target estimate from
being achieved.
Following or concurrent with development of their respective EDPs, the cities will
undertake the environmental review process under CEQA for the adoption and
implementation of the proposed ridership enhancement actions identified in their
EDPs. 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 EDPs.
Thereafter, when evaluating the proposed Project, BART will consider the information
contained in the EDPs,whether the EDPs demonstrate that the Target Estimate can be
achieved, and whether the ridership enhancement actions identified in the EDPs 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. Plan Funding
Each EDP will be funded by a combination of Project funds and local matching funds.
j. t f�ind�will tip plc�a to C�T�:to de�e��p�c `d? d��P effort.
5. 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:
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 BART Project Director. For the other Parties, the First Level person, unless
otherwise designated in writing, will be the Project Planner from the City Planning
Department. 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.
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DRAFT -FOR DISCUSSION PURPOSES ONLY
Draft No. 9
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 Planning Director. 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.
THIRD L E VEL
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. 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 (10)
business days after receipt of such notice, or within such other period as the Third Level
persons may agree to.
AL TERNA TI VE DISP UTE RESOL UTION
If the dispute is not resolved at the Third Level, the General Manager of BART and the
City Manager of the opposing Party may agree to a method of non-binding, alternative
dispute resolution, including,but not limited to,mediation or nonjudicial arbitration.
9
15
DRAFT - FOR DISCUSSION PURPOSES ONLY
Draft No. 9
EXHIBIT C
RIDERSHIP ESTIMATION METHODOLOGY
16
DRAFT- FOR DISCUSSION PURPOSES ONLY
Draft No. 9
EXHIBIT D
RIDERSHIP DEVELOPMENT PLAN SAMPLE SCOPE
Ridership Development Plan—Sample Scope
Outline
Phase 1: Base Case and Target Ridership Estimates
1. Estimate Baseline Ridership
Consultant will develop base case ridership estimates at the corridor and station levels
using ABACI Projections 2003, the updated Contra Costa County Traffic Model and the
SR4 Transit Feasibility Study. Estimates will be developed for each technology to be
studied in the EIR.
2. Perform Market Analysis for Station Areas
Consultant will develop an assessment of residential and commercial development
potential in the vicinity of each proposed station. At the corridor-level,the consultant
will develop a more generalized assessment of long-term development potential.
3. Estimate Potential Ridership
Consultant will estimate ridership at the corridor and station levels given alternative
assumptions for land use and access conditions. Estimates of ridership potential will be
based on local General Plans, Specific Plans and the market analysis developed in Task 2.
Estimates will be developed for each technology to be studied in the EIR.
Phase 11: Alternatives Analysis
4. Development of Alternative Land Use and Access Scenarios
Project consultant will work with city staff to develop a range of alternative land use and
access scenarios intended to build ridership from the Base Case (Task 1)to the target
(Task 3) levels. Alternative land use scenarios will focus on the 1-mile radius
surrounding the station and explore a range of uses and a variety of densities. Access
scenarios will involve not only city staff but bus transit staff to develop enhanced
transportation infrastructure and transit serving the station area.
5. Estimate ridership based on Alternative Land Use and Access Scenarios
Project consultant will model ridership benefits resulting from the alternative land use
and access scenarios developed in Task 4. This process will be iterative,with city staff,
17
DRAFT -FOR DISCUSSION PURPOSES ONLY
Draft No. 9
project staff and consultants working together to refine and modify alternatives to achieve
the highest possible ridership.
Phase III: Develop of Ridership Development Plan
6. Land Use Component
Consultant will develop land use plan based on city staff direction and requirements. The
plan will detail a land use vision for station area together with any zoning or policy
changes that may be required.
7. Access Component
Consultant will work together with City staff,Project staff and Bus transit staff to
r"i
develop an Access Plan for the station area. The Access Plan will detail infrastructure
investments and program or policy changes that will contribute to higher ridership at the
station.
8. Station Plan
Consultant and Project staff will develop a plan detailing the use of Station property for
transit operations,parking and passenger functionality.
Phase IV: Ridership Development Plan Environmental Assessment
9. Determine city actions required to implement RDP
Consultant will work closely with City staff to determine the city actions required to
implement the policy changes and other requirements of the Ridership Development
Plan.
10. Initiate Environmental Clearance
Consultant will work closely with City staff to initiate the appropriate environmental
action as required based on Task 9.
Phase V: City Adoption
11. Consultant and Project Staff will support City staff in efforts to achieve City Council
adoption of action as established in Task 9.
18
DRAFT- FOR DISCUSSION PURPOSES ONLY
Draft No. 9
EXHIBIT E
SAMPLE FUNDING AGREEMENT
19
DRAFT-FOR DISCUSSION PURPOSES ONLY
Draft No. 9
MEMORANDUM OF UNDERSTANDING
Among
San Francisco Bay Area Rapid Transit District,
City of Antioch, City of Brentwood, City of Oakley,
Contra Costa County, Contra Costa Transportation Authority
and Tri-Delta Transit District
Regarding
the State Route 4 East Transit Corridor Project
WHEREAS,the Parties to this Memorandum of Understanding ("Memorandum") are the
City of Antioch, City of Brentwood, City of Oakley(collectively,the "Cities"), Contra
Costa County(the "County"), San Francisco Bay Area Rapid Transit District("BART"),
Contra Costa Transportation Authority ("CCTA"), and Tri-Delta Transit District.
WHEREAS, the Parties support the goal of expeditiously bringing high quality rapid
transit service to east Contra Costa County residents.
WHEREAS, 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 Transit Corridor("the Project").
WHEREAS, BART and CCTA have prepared a feasibility study, which examines transit
alternatives for the proposed Project corridor, entitled the State Route 4 Transit
Feasibility Study. The Feasibility Study considers Conventional BART, Diesel Multiple
Unit ("DMU"), Commuter Heavy Rail, Express Bus and Bus Rapid Transit alternatives.
WHEREAS,rapid transit ridership is generated by the population and employment that
surround stations and the ability to provide adequate access to and from stations for
transit passengers.
WHEREAS, 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.
WHEREAS,pursuant to their land use planning and control jurisdiction, the Cities and
County make and/or participate in decisions on local transportation and infrastructure
including the placement and capacity of local streets and roads,pedestrian,bicycle and
public parking facilities, all of which are important factors in encouraging rapid transit
ridership.
WHEREAS,,the Metropolitan Transportation Commission("MTC"), as the regional
planning agency for transportation investment in the Bay Area,has emphasized the
strong connection between land use and transportation investment through a policy
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DRAFT — FOR DISCUSSION PURPOSES ONLY
Draft No. 9
platform which states: "Condition regional discretionary funding for.MTC's Resolution
3434 regional transit expansion program to the provision of supportive land uses in those
transit corridors and around those stations."
WHEREAS, 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.
WHEREAS, on December 5, 2002, the BART Board of Directors adopted the BART
System Expansion Policy and Criteria (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.
WHEREAS, in order to demonstrate sufficient anticipated ridership for favorable
evaluation of the proposed Project, the System Expansion PolicyP rovides that a
Ridership Development Plan be prepared and implemented for each station in the Project
corridor. The individual Cities and/or the County 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. Tjc:�iM
yxe
Ex
an Po
refer :. : c
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. _ _ R�d�� h� :Dei::• � -: .:
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P
tton
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.......................... ..... ......:::::::::::::::.:::;:..;
:;:::::::
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WHEREAS, the Parties desire to enter into this Memorandum to express their
commitment to development and implementation of Ridership Development Plans for
stations in the proposed Project corridor that will achieve sufficient ridership to ensure
that the proposed Project represents a productive transit investment that satisfies the
System Expansion Policy goals.
NOW, THEREFORE, the Parties hereto agree as follows:
Section 1. The Roles of Participants in the Economic Development Plan Process
The Parties recognize and acknowledge the following roles for the participants in the
Economic Development Plan process:
2
DRAFT- FOR DISCUSSION PURPOSES ONLY
Draft No. 9
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.
BART, as the Bay Area's regional rail transit system, is responsible for developing,
evaluating and adopting proposed projects to expand rapid 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.
OCTA, 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. OCTA�Xs� .s �e�'��t� i rale
n fisc ung. ��i�a. �ccs s�lt�nt t�arr��warping on the Ecai�c��nt� i..........
�tg�i��t P7�nns
The TRI-DELTA TRANSIT DISTRICT is responsible for providing bus and paratransit
services in eastern Contra Costa County,which will include feeder service to the existing
Pittsburg/Bay Point BART station and future Project transit stations in east Contra Costa
County.
2. Agreements of the Parties.
2.1 The Parties agree that an Economic Development Plan shall be prepared for each
station of the proposed Project by the City or Cities (or, as applicable, the County)with
jurisdiction over land within the 1-mile radius surrounding that station, with cooperation
and assistance from BART and CCTA.
2.2 The Parties agree that the Economic Development Plans shall be prepared and
implemented by the Parties substantially in the manner described in the Ridership
Development/Economic Development Plan Process, attached hereto as EXHIBIT B. Any
substantial departure from the process described in EXHIBIT B with respect to the
Economoic Development Plan for an individual station shall be mutually agreed on by
the Parties participating in the development of that station's Economic Development
Plan.
2.3 Ridership estimates for the Project have been prepared for purposes of this
Memorandum using the modeling methodology as described in the Ridership Estimation
Methodology, attached hereto as EXHIBIT C. All ridership estimates are for the
planning horizon year of 2025. The Parties agree that the methodology used is
acceptable and appropriate for the proposed Project.
2.4 Based on the agreed-on modeling methodology,the Parties agree that the Corridor-
wide Target Estimates (as defined in EXHIBIT B hereto) of Project ridership for
purposes of Economic Development Plan development, in order to fulfill the goals of the
3
DRAFT — FOR.DISCUSSION PURPOSES ONLY
Draft No. 9
System Expansion Policy and this Memorandum, are as follows (in units of entries and
exits for an average weekday in 2025):
Table 2.1
Corridor-wide Ridership Target Estimates,
by Technology
Technolo Alternative Targets Estimates
Conventional BART 14,000
DMU 145055
LRT N/A
Bus Rapid Transit 151,124
The Target Estimates for the Project as a whole may be revised only by mutual
agreement of the Parties.
2.5 Following the execution of this Memorandum,BART will undertake the
environmental review process for the proposed Project and alternatives under the
California Environmental Quality Act ("CEQA") and, if applicable,the National
Environmental Policy Act("NEPA"). In conductinp, such environmental review,BART
shall consider both the Base Estimates (as defined in EXHIBIT B hereto) and Target
Estimates identified in EXHIBIT B.
2.6 Following execution of this Memorandum,the Cities and County will undertake
development of their respective Economic Developments Plans. The Economic
Development Plans shall propose actions to enhance transit ridership as described in
EXHIBIT B hereto.
2.7 Following or concurrent with development of their respective Economic
Development Plans, the Cities and County, in coordination with OCTA,will undertake
the environmental review process under CEQA for the adoption of the proposed ridership
enhancement actions identified in the Plans. At the conclusion of envirom-nental review,
the Cities and County will make the discretionary decision whether or not to adopt and
implement the actions identified in their RDPs.
2.8 When evaluating the proposed Project under the System Expansion Policy criterion
for transit-supportive land use, BART will consider the information contained in the
Economic Development Plans,whether the Plans demonstrate that the Target Estimate
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 as
a whole and in deciding on the number and location of stations.
ne
W-1
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DRAFT— FOR DISCUSSION PURPOSES ONLY
Draft No. 9
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2.11 The Parties agree that in the event of disputes concerning the matters addressed in
this Memorandum, they will utilize the dispute resolution process described in EXHIBIT
B.
3. Schedule.
3. 1 The Parties agree that the Economic Development Plan process will be completed in
phases with proposed milestones as indicated below. The Parties agree to work towards
achieving the milestones according to the schedule presented below. This schedule ma
y
be modified by mutual agreement of the Parties.
Table 3.1
Ridership Development Plan Schedule
Phase Activities Milestones to be achieved
I. Circulation of • Signing of MOU by the
60 • Draft MOU Parties
Days • Initial ridership estimates • Initiate proposed Project
• BART Access Guidelines environmental review
• BART TOD Guidelines
II. Development of Economic • Completion of Economic
365 Development Plans Development Plans
Days • Access Component
• Land Use Component
• Station Component
• Revised ridership
estimates
Initiate work on Project EIR
III. • Environmental review of • Cities and County adopt
270 actions identified in actions identified in Economic
Days Economic Development Development Plans
Plans • Release of Draft Project EIR
Continued work on Project
EIR
IV. • BART Board considers
30 Project EIR and adoption of
Days Project
5
DRAFT-FOR DISCUSSION PURPOSES ONLY
Draft No. 9
3.2 Pursuant to the above schedule,Phase II of the Economic Development Plan process
contains the bulk of the significant planning activity undertaken by the Parties. The
Parties agree and acknowledge that there maybe 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 Economic
Development Plan process with a target date of 365 days from the execution of this
Memorandum and proposed milestones as follows:
Table 3.2
Phase II Planning Schedule
Deliverable Due Date
Draft Plan Scope Day 30
Draft Land Use and Access Data Day 60
Parties Review of Draft Ridership Day 77
Estimates
Development of Land Use and Access Day 270
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
6
DRAFT -FOR DISCUSSION PURPOSES ONLY
Draft No. 9
IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of
Understanding effective as of the latest date set forth below.
City of Antioch: Date:
City Manager
City of Oakley :
City Manager
City of Brentwood:
City Manager
Contra Costa Count
y
County Executive
For Tri-Delta Transit
General Manager:
For CCTA
Executive Director.-
For BART
General Manager:
7
DRAFT-FOR DISCUSSION PURPOSES ONLY
Draft No. 9
EXHIBIT A
BART SYSTEM EXPANSION POLICY AND CRITERIA([ADD_DATEI)
8
J i
DRAFT— FOR DISCUSSION PURPOSES ONLY
Draft No. 9
EXHIBIT B
RIDERSHIP DEVELOPMENT/ECONOMIC DEVELOPMENT PLAN PROCESS
BA
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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 are established by CCTA's east county
traffic 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
Target 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 Targets represent the minimum ridership deemed necessary to satisfy
the criteria of BART's System o
Ex ansin Policy. T .t a
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Base and Target Estimates for ridership associated with the proposed Project stations for
the proposed Project alternatives are as follows (in units of entries and exits for an
average weekday in 2025):
Conventional BART Alternative
Station Base Estimate Ridership Target
Hillcrest TBD 141000
Diesel Multiple Unit Alternative
Station Base Estimate Ridership Targets
9
DRAFT- FOR DISCUSSION PURPOSES ONLY
Draft No. 9
Fairgrounds
Hillcrest
Empire/Neroly
Brentwood
Byron
Total Corridor 8,400 14,055
Light Rail Alternative
Station Base Estimate Ridership Targets
Fairgrounds TBD
Hillcrest TBD
-Empire/Neroly TBD
Brentwood TBD
Byron TBD
Total Corridor 85400
Bus Rapid Transit Alternative
Station Base Estimate Ridership Targets
Fairgrounds TBD
Hillcrest TBD
Em ire/Neroly TBD
Brentwood TBD
Byron TBD
Total Corridor 830100 153124
Based on the results of the State Route 4 Transit Feasiblity Study, BART intends to
evaluate a Conventional BART Alternative, DMLI Alternative, Light Rail Alternative,
Bus Rapid Transit Alternative and No Project Alternative for purposes of environmental
impact review as required under the California Environmental Quality Act(CEQA) and,
if applicable, the National Environmental Policy Act(NEPA).
2. Economic Development Plans
Corridor-Wide 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
Economic Development Plans (EDPs) developed for each station can collectively
demonstrate that the project will achieve a target 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 parking facilities in the
station area. Ridership targets are developed on a corridor-wide and station-level basis.
10
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DRAFT—FOR DISCUSSION PURPOSES ONLY
Draft No. 9
Corridor-wide ridership targets establish the overall ridership generated by all stations
included in a project. Corridor-wide ridership targets are the basis for evaluation of the
project under the BART System Expansion Policy. Station-level ridership targets refer to
an individual station's share of the corridor-wide total.
While there are target estimates at both the corridor-wide and station level, it is the
corridor-wide target that is considered under the BART System Expansion Policy.
Therefore, although an individual station may not reach its individual Target Estimate,
the corridor-wide Target 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, cities must collectively demonstrate that the Target Estimate for the project
can be achieved. Whether an individual city achieves its share of the corridor-wide
Target Estimate by land use changes or access improvements or some combination of the
two is at the full discretion of the city.
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Plan Development and Content
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is obligated to address three component areas: Land Use, Access and Station Plans.
CCTA, working together with the cities and BART, will develop a detailed scope of work
for the EDP(s). To satisfy the requirements of the BART policy, the EDP(s) should
perform the analysis necessary to produce the data required in estimating ridership at the
station level.
A. EDP Land Use Component
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EDP should develop a detailed land use plan for the area within the 1-mile radius around
the station. If existing land use plans,policies and controls in conjunction with Access
would not suffice to enable the station to achieve its share of the target estimate, 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. The allowance of higher intensity development within a specific plan area
11
DRAFT-FOR DISCUSSION PURPOSES ONLY
Draft No. 9
shall be as-of-right and not subject to conditional approvals by planninp,commissions or
city councils. 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 outside the 1-mile
radius; this information could be presented by summarizing the city's general plan land
use element. Land use projections shall be for the planning horizon year of 2025. The
information provided should include, at a minimum, the following elements:
Table B.2.1
Detailed Land Use Plan Elements
Existing Conditions 2025 Conditi.ons,...
Building permits approved
(10-year history)
Existing Zoninp, Proposeci zoning__
Zoning Map Zoning Map
Residential density Residential density
ETployment density Employment 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. EDP Access Component
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he EDP should develop a detailed Access Plan for the area
within the 1-mile radius around the station and also, at a lesser level of detail, information
on access on a citywide scale. If existing access in conjunction with land use would not
suffice to enable the station to achieve its share of the Target Estimate,the Access 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, 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 2025. For the 1-mile radius area,, the Access Plans should contain,, at a minimum, the
following information:
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i
DRAFT-- FOR DISCISSION PURPOSES ONLY
Draft No. 9
TableB.2.2
Detailed Access Plan Elements
ExistingConditions 2025 Conditions
Intersection v/c ratios for Intersection v/c ratios for
AM and PM pear 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 Parking requirements
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C. EDP Station Plan
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The Station Plan will consist of a detailed plan of the
station property itself, including conceptual-level station design,related facilities and
p p �' g
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 ticket collection 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 cities
may wish to allow development on station surface parking properties, which would also
be addressed in the Station Plan. Some cities 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 ofRidership enhancement measures
In the course of the EDP development process, new estimates of ridership may need to be
revised 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.
3. Economic 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 Proj ect on the
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DRAFT-FOR DISCUSSION PURPOSES ONLY
Draft No. 9
transit-supportive land use criterion, unless the target estimate is already met under
existing conditions, the cities 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 cities and proposed in the
EDPs.
OCTA, BART,, Tri-Delta Transit and City staff will work together to address outstanding
issues relating to access and/or land use that may be preventing the target estimate from
being achieved.
Following or concurrent with development of their respective EDPs,the cities will
undertake the environmental review process under CEQA for the adoption and
implementation of the proposed ridership enhancement actions identified in their
EDPs. 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 EDPs.
Thereafter, when evaluating the proposed Proj ect, BART will consider the information
contained in the EDPs,whether the EDPs demonstrate that the Target Estimate can be
achieved, and whether the ridership enhancement actions identified in the EDPs 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. Plan Funding
Each EDP will be funded by a combination of Proj ect funds and local matching funds.
t CCTA to de a ESPink.
0
it
5. 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 OCTA, acting as the overseeing body, disputes
will be addressed through the process presented below:
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 BART Project Director. For the other Parties, the First Level person,unless
otherwise designated in writing,will be the Project Planner from the City Planning
Department. After a dispute is submitted to OCTA, OCTA 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.
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DRAFT- FOR DISCUSSION PURPOSES ONLY
Draft No. 9
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 Planning Director. 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.
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. 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 (10)
business days after receipt of such notice, or within such other period as the Third Level
persons may agree to.
AL TERNA TI VE DISP UTE RESOL UTION
If the dispute is not resolved at the Third Level, the General Manager of BART and the
City Manager of the opposing Party may agree to a method of non-binding, alternative
dispute resolution, including, but not limited to, mediation or non judicial arbitration.
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DRAFT- FOR DISCUSSION PURPOSES ONLY
Draft No. 9
EXHIBIT C
RIDERSHIP ESTIMATION METHODOLOGY
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Draft No. 9
EXHIBIT D
RIDERSHIP DEVELOPMENT PLAN SAMPLE SCOPE
Ridership Development Plan—Sample Scope
Outline
Phase 1: Base Case and Target Ridership Estimates
1. Estimate Baseline Ridership
Consultant will develop base case ridership estimates at the corridor and station levels
using A-BAG Projections 2003, the updated Contra Costa County Traffic Model and the
SR4 Transit Feasibility Study. Estimates will be developed for each technology to be
studied in the EIR.
2. Perform Market Analysis for Station Areas
Consultant will develop an assessment of residential and commercial development
potential in the vicinity of each proposed station. At the corridor-level, the consultant
will develop a more generalized assessment of long-term development potential.
3. Estimate Potential Ridership
Consultant will estimate ridership at the corridor and station levels given alternative
assumptions for land use and access conditions. Estimates of ridership potential will be
based on local General Plans, Specific Plans and the market analysis developed in Task 2.
Estimates will be developed for each technology to be studied in the EIR.
Phase 11: Alternatives Analysis
4. Development of Alternative Land Use and Access Scenarios
Project consultant will work with city staff to develop a range of alternative land use and
access scenarios intended to build ridership from the Base Case (Task 1) to the target
(Task 3) levels. Alternative land use scenarios will focus on the 1-mile radius
surrounding the station and explore a range of uses and a variety of densities. Access
scenarios will involve not only city staff but bus transit staff to develop enhanced
transportation infrastructure and transit serving the station area.
5. Estimate ridership based on Alternative Land Use and Access Scenarios
Project consultant will model ridership benefits resulting from the alternative land use
and access scenarios developed in Task 4. This process will be iterative, with city staff,
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DRAFT -FOR DISCUSSION PURPOSES ONLY
Draft No. 9
project staff and consultants working together to refine and modify alternatives to achieve
the highest possible ridership.
Phase III: Develop► of Ridership Development Plan
6. Land Use Component
Consultant will develop land use plan based on city staff direction and requirements. The
plan will detail a land use vision for station area together with any zoning or policy
changes that may be required.
7. Access Component
Consultant will work together with City staff,Project staff and Bus transit staff to
develop an Access Plan for the station area. The Access Plan will detail infrastructure
investments and program or policy changes that will contribute to higher ridership at the
station.
8. Station Plan
Consultant and Project staff will develop a plan detailing the use of Station property for
transit operations,parking and passenger functionality.
Phase IV: Ridership Development Plan Environmental Assessment
9. Determine city actions required to implement RDP
Consultant will work closely with City staff to determine the city actions required to
implement the policy changes and other requirements of the Ridership Development
Plan.
10. Initiate Environmental Clearance
Consultant will work closely with City staff to initiate the appropriate environmental
action as required based on Task 9.
Phase V: City Adoption
11. Consultant and Project Staff will support City staff in efforts to achieve City Council
adoption of action as established in Task 9.
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Draft No. 9
EXHIBIT E
SAMPLE FUNDING AGREEMENT
19