Office of the City Manager

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: manager@CityofBerkeley.info Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR July 14, 2009

To: Honorable Mayor and Members of the City Council From: Phil Kamlarz, City Manager

Submitted by: Dan Marks, Director, Planning and Development Department

Subject: Revenue Contract: Alameda County (AC) Transit for Bus Rapid Transit-Locally Preferred Alternative

RECOMMENDATION Adopt 3 Resolutions authorizing the City Manager to:

1) Execute a contract and any amendments with AC Transit to provide the City for up to $60,000 for staff time and materials to be spent, and reimburse $74,000 for previous City consultant expenses spent developing a Locally Preferred Alternative (LPA) for the East Bay Bus Rapid Transit (BRT) project; and

2) Amend the Not To Exceed amount by $33,000 of Contract No. 7858 with Fehr & Peers for a new Not to Exceed of $58,000, and

3) Amend the Not To Exceed amount of Contract No. 7757A with Nelson/Nygaard by $41,000 for a new Not to Exceed of $91,000 to allow the AC Transit funds to replenish the contracts for costs incurred.

FISCAL IMPACTS OF RECOMMENDATION The City of Berkeley would receive up to $134,000 from AC Transit (CMS No. PP145) to pay for the City for staff time, consultant expenses, and material costs associated with developing an LPA for the BRT project. Funds will be deposited to the Permit Service Center Fund $34,324 (Revenue Code 833-8502-328-1617) and the General Fund $99,676 (Revenue Code 010-4920-328-1617). Expenditure authority for the $134,000 is not currently included in the FY 2010 Adopted Budget. A request to appropriate $34,324 for staff costs in the Planning Department (Expenditure Code 833-8502-463-1101) and $25,676 for staff costs (010-4920-431-1101) and $74,000 in consultant costs (010-4920-431-3038) in the Public Works Department will be requested through the first amendment to the annual appropriations ordinance. . The funds would be allocated to the City in response to invoices detailing the costs incurred on a monthly basis. The LPA process is expected to be completed and presented to City Council by April 2010, so all payments from AC Transit should be received within FY 2010.

Revenue Contract: Alameda County (AC) Transit for CONSENT CALENDAR Bus Rapid Transit-Locally Preferred Alternative July 14, 2009

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CURRENT SITUATION AND ITS EFFECTS As part of AC Transit’s East Bay Bus Rapid Transit (BRT) project, the City of Berkeley must develop a Locally Preferred Alternative (LPA). The LPA will be developed through analysis of possible options and significant public outreach, and recommended to City Council for adoption. The public outreach will involve stakeholder meetings, a public workshop, and public meetings before the Transportation Commission, Planning Commission, and the City Council.

AC Transit has offered to assist the City of Berkeley develop an LPA. This assistance will come in the form of technical and financial assistance. Approving this contract would allow the City of Berkeley to be reimbursed for completed analysis of LPA alternatives and to pay for anticipated costs associated with the public outreach necessary to develop an LPA for City Council consideration.

BACKGROUND AC Transit has been developing a Bus Rapid Transit (BRT) project through Berkeley, Oakland and San Leandro. In Berkeley, this could involve dedicating lanes to bus-only traffic on Telegraph and possibly other streets. The Draft EIR for this project is already complete, but only gives general information about the possible impacts of the project.

Each city is developing an LPA that would provide the city’s preference for station locations, areas of lane dedication, and mitigations to impacts. This information would allow a more specific evaluation of possible impacts of the BRT project in the Final EIS/EIR document. Completion of an LPA does not indicate a final approval of the BRT project through Berkeley; final approval of dedicated lanes would be considered through a separate public process after consideration of the Final EIS/EIR.

RATIONALE FOR RECOMMENDATION City staff and consultants have already spent considerable time evaluating alternatives to inform with the LPA process. The public process will also take considerable staff and consultant time and resources. Approval of this contract would allow the city to recoup the consultant costs and provide for future staff costs within the Public Works and Planning and Development Departments.

ALTERNATIVE ACTIONS CONSIDERED If the contract is not executed, the Council would have two options:

1. It could choose to continue with the development of an LPA and absorb the cost of this work, or,

2. It could choose to stop development of an LPA. In this case, AC Transit could provide its own LPA for Berkeley to study in the FEIR, and the City Council would only make a decision on whether or not BRT is implemented in Berkeley. AC Transit could also interpret the abandonment of the LPA process as a lack of support.

Revenue Contract: Alameda County (AC) Transit for CONSENT CALENDAR Bus Rapid Transit-Locally Preferred Alternative July 14, 2009

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CONTACT PERSON Elizabeth Greene, Senior Planner, Planning and Development Department, 510-981-7484

Attachments: 1: Resolution to execute a contract with AC Transit

Exhibit A: Contract with AC Transit 2: Resolution to amend Contract No. 7858 with Fehr and Peers 3: Resolution to amend Contract No. 7757A with Nelson/Nygaard

RESOLUTION NO. ##,###-N.S.

EXECUTE A CONTRACT AND ANY AMENDMENTS WITH AC TRANSIT TO PROVIDE THE CITY FOR UP TO $60,000 FOR STAFF TIME, AND MATERIALS TO BE SPENT, AND REIMBURSE $74,000 FOR PREVIOUS CITY CONSULTANT EXPENSES, SPENT DEVELOPING A LOCALLY PREFERRED ALTERNATIVE (LPA) FOR THE EAST BAY BUS RAPID TRANSIT (BRT) PROJECT WHEREAS, AC Transit is considering a Bus Rapid Transit project which could run buses on dedicated lanes along Telegraph Avenue, through the Southside and through downtown; and WHEREAS, the City is developing a Locally Preferred Alternative (LPA) to determine a specific route that would work best for the City and its residents, and identify areas for future environmental study; and WHEREAS, the development of this LPA will allow specific scenarios to be studied in the Final EIR for the BRT project and give the public a clearer understanding of the potential impacts and benefits of the BRT project; and WHEREAS, the development of this LPA does not indicate final approval of the BRT project through Berkeley; and WHEREAS, the development of this LPA involves much research and public outreach and is estimated to cost the City $60,000 in future staffing and materials expenses, and $74,000 in reimbursement of consultant expenses; and WHEREAS, AC Transit has offered to reimburse the City for the consultants costs expended to date, and provide for the staff costs to be incurred. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley to authorize the City Manager to execute a contract and any amendments with AC Transit to provide the City for up to $60,000 for staff time and materials to be spent, and reimburse $74,000 for previous City consultant expenses spent developing a Locally Preferred Alternative (LPA) for the East Bay Bus Rapid Transit (BRT) project. Exhibit A: Contract with AC Transit

RESOLUTION NO. ##,###-N.S.

AMEND THE NOT TO EXCEED AMOUNT OF CONTRACT NO. 7858 WITH FEHR & PEERS BY $33,000 FOR A NEW NOT TO EXCEED OF $58,000 TO ALLOW THE AC TRANSIT FUNDS TO REPLENISH THE CONTRACTS FOR COSTS INCURRED WHEREAS, AC Transit is considering a Bus Rapid Transit project which could run buses on dedicated lanes along Telegraph Avenue, through the Southside and through downtown; and WHEREAS, the City is developing a Locally Preferred Alternative (LPA) to determine a specific route that would work best for the City and its residents, and identify areas for future environmental study; and WHEREAS, the development of this LPA will allow specific scenarios to be studied in the Final EIR for the BRT project and give the public a clearer understanding of the potential impacts and benefits of the BRT project; and WHEREAS, the development of this LPA does not indicate final approval of the BRT project through Berkeley; and WHEREAS, the development of this LPA involves much research and public outreach and is estimated to cost the City $60,000 in future staffing and materials expenses, and $74,000 in reimbursement of consultant expenses; and WHEREAS, AC Transit has offered to reimburse the City for the consultants costs expended to date, and provide for the staff costs to be incurred. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley to authorize the City Manager to amend the Not To Exceed amount of Contract No. 7858 with Fehr & Peers by $33,000 for a new Not to Exceed of $58,000 to allow the AC Transit funds to replenish the contracts for costs incurred.

RESOLUTION NO. ##,###-N.S.

AMEND THE NOT TO EXCEED AMOUNT OF CONTRACT NO. 7757A WITH NELSON/NYGAARD BY $41,000 FOR A NEW NOT TO EXCEED OF $91,000 TO ALLOW THE FUNDS TO REPLENISH THE CONTRACTS FOR COSTS INCURRED WHEREAS, AC Transit is considering a Bus Rapid Transit project which could run buses on dedicated lanes along Telegraph Avenue, through the Southside and through downtown; and WHEREAS, the City is developing a Locally Preferred Alternative (LPA) to determine a specific route that would work best for the City and its residents, and identify areas for future environmental study; and WHEREAS, the development of this LPA will allow specific scenarios to be studied in the Final EIR for the BRT project and give the public a clearer understanding of the potential impacts and benefits of the BRT project; and WHEREAS, the development of this LPA does not indicate final approval of the BRT project through Berkeley; and WHEREAS, the development of this LPA involves much research and public outreach and is estimated to cost the City $60,000 in future staffing and materials expenses, and $74,000 in reimbursement of consultant expenses; and WHEREAS, AC Transit has offered to reimburse the City for the consultants costs expended to date, and provide for the staff costs to be incurred. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley to authorize the City Manager to amend the Not To Exceed amount of Contract No. 7757A with Nelson/Nygaard by $41,000 for a new Not to Exceed of $91,000 to allow the AC Transit funds to replenish the contracts for costs incurred.