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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: April 22, 2008

Subject/Title: Adopt a resolution authorizing the Mayor to execute a First Amendment to the East Contra Costa Bay Area Rapid Transit Extension Memorandum of Understanding

Prepared by: Winston Rhodes, Senior Planner

Submitted by: Casey McCann, Interim Community Development Director

RECOMMENDATION
Adopt a resolution authorizing the Mayor to execute a First Amendment to the Memorandum of Understanding relating to the East Contra Costa Bay Area Rapid Transit District service extension.

PREVIOUS ACTIONS
On July 12, 2005 the Council authorized the Mayor to sign a Memorandum of Understanding (MOU) with the San Francisco Bay Area Rapid Transit District (BART), City of Antioch, City of Oakley, City of Pittsburg, Contra Costa County, Contra Costa Transportation Authority and Tri Delta Transit regarding the East Contra Costa BART Extension. The MOU was executed by the City on August 18, 2005.

BACKGROUND
In 2002, BART and the Contra Costa Transportation Authority (CCTA) prepared a feasibility study to examine transit alternatives for the State Route 4 East Contra Costa County corridor. In 2005 BART envisioned providing service known as “eBART” to East Contra Costa County. The eBART service was to connect to the existing Pittsburg / Bay Point BART station and utilize the Union Pacific Railroad tracks to provide service to and from Brentwood. BART requested assistance of local jurisdictions including Brentwood to prepare Ridership Development Plans to evaluate whether sufficient ridership would exist in the future to justify the service extension. A MOU was necessary to complete the Ridership Development Plan (RDP) work that was required to complete the transit extension project. The MOU memorialized an agreement by the cities involved and the County to prepare a RDP with funding secured and provided by BART.

After the City signed the MOU in 2005, subsequent analysis on the cost of providing eBART service to East Contra Costa was performed by BART. In addition negotiations between BART and Union Pacific Railroad (UPR) continued regarding future passenger rail use of the currently inactive UPR line that runs through the City of Brentwood. It was determined by BART during the summer of 2007 that service beyond the Hillcrest Avenue vicinity of the City of Antioch was cost prohibitive and infeasible. In addition, Union Pacific Railroad was unwilling to make their rail line available for passenger rail use and formally declined BART’s right-of-way purchase offer in April 2007. The contemplated eBART extension now only includes portions of the City of Pittsburg and City of Antioch. The City of Oakley, Contra Costa County, and Brentwood are no longer under consideration for the initial phase of eBART service. Consequently, BART has requested that all the original MOU parties amend the original MOU to reflect the current scope of the eBART project. Tri Delta Transit‘s Board considered and approved the first MOU amendment in February. The City of Pittsburg City Council considered and approved the first MOU amendment on April 7, 2008. The remaining parties that signed the original MOU are scheduled to consider the identical first MOU amendment language this month and over the next two months.

Attached are a resolution and the proposed First Amendment document, the original executed MOU, and a redline of the MOU reflecting the proposed text changes. The MOU amendment modifies the MOU “Recitals, Agreement, and Schedule” sections and Exhibit B to reflect the reduced scope of the eBART project. Exhibit A summarizing the BART System Expansion Policy is unchanged.

FISCAL IMPACT
City staff suspended eBART RDP work when it became clear that the scope of the proposed project would exclude Brentwood. The fiscal impact of the MOU amendment is to save the cost of staff time that would have been necessary to prepare a Brentwood Ridership Development Plan.

Attachments:
1. Resolution and First Amendment to the MOU
2. Executed August 3, 2005 MOU
3. Proposed Amended MOU with text changes
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO A PREVIOUS MEMORANDUM OF UNDERSTANDING REGARDING THE PROPOSED EAST CONTRA COSTA BART EXTENSION

WHEREAS, the City Council authorized the execution of a Memorandum of Understanding (MOU) with the San Francisco Bay Area Rapid Transit District (BART), City of Antioch, City of Oakley, City of Pittsburg, Contra Costa County, Contra Costa Transportation Authority, and the East Contra Costa Transit Authority regarding the East Contra Costa BART extension on July 12, 2005; and

WHEREAS, the MOU was executed on August 18, 2005 by the City of Brentwood; and

WHEREAS, the scope of the East Contra Costa BART extension has subsequently changed and no longer includes property within the City of Brentwood’s jurisdiction; and

WHEREAS, BART has prepared a First Amendment to the MOU reflecting the revised East Contra Costa BART extension scope and has requested consideration by all the original MOU parties; and

WHEREAS, the City of Brentwood supports the goal of expeditiously bringing high quality rapid transit service to east Contra Costa County.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby authorizes the Mayor to execute the First Amendment to the MOU set forth in Exhibit A, attached hereto, relating to the proposed east Contra Costa BART Extension .

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on April 22, 2008 by the following vote:

 
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