8/14/2019 TransForm's letter to BART on OAC Civil Rights failure

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January 21, 2010

Board of DirectorsBay Area Rapid Transit District300 Lakeside DriveOakland CA 94604-2688

BART Boardmembers,

As I know you are aware, the Federal Transit Administration has found BART out ofcompliance with Title VI Civil Rights requirements in the planning of the OaklandAirport Connector. In doing so, they have concurred with the complaint filed byPublic Advocates on behalf of TransForm, Urban Habitat and Genesis.

The tone of the FTA letter is striking in its strong language, an indication that this isnot just a bureaucratic technicality, but that significant work, work that BART staffassured MTC and the public was done, was never completed. Further, the FTA hasrejected a rushed analysis thrown together by BART staff. Despite BART's publicstatements, I assume that the General Manager has informed you of the severity ofthis issue.

During the upcoming January 27th MTC discussion on whether or not to shift $70million in ARRA stimulus funding from the OAC project to funds that can be used forsystem preservation and operations, we want to make sure that you are aware that

BART's share of preservation funding would cover much of your recently announcedbudget deficit. This action would literally keep the District from needing to cut mostof the 74 jobs you will be asked to cut on January 28th.

Moving forward, FTA is requiring BART to complete the analysis of the OAC projectand its alternatives. Analysis that TransForm, the Oakland City Council andcommunity groups have been requesting for months. This analysis, if done, willallow the Board and the public to make wise decisions as to how to move forwardwith this project.

While BART has publicly stated that your staff can complete this by March 5th, this

stands in contrast to previous statements by General Manager Dugger, ProjectManager Dunscombe and MTC Executive Director Heminger, to both your board andMTC commissioners, that this type of analysis cannot reasonably be completed in 6-8 weeks, as TransForm and community partners proposed last spring. The FTA'sresponse to the rushed analysis submitted by BART staff last Thursday bears thispoint out.

436 14TH STREET, SUITE 600, OAKLAND, CA 94612 | T: 510.740.3150 |

WWW.TRANSFORMCA.ORG

8/14/2019 TransForm's letter to BART on OAC Civil Rights failure

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Further, it would not be credible to have BART staff rehire the same OACconsultants who were paid thousands of dollars to debunk TransFormsRapidBART proposal. This process needs openness and objectivity, not more slanted"analysis" that is put together to prove a preconceived idea. It is thereforeimperative that BART create a public committee that includes Boardmembers,

advocates and outside agency personnel not connected to the OAC project tooversee the analysis that the FTA is requiring your agency to produce.

The silver-lining to this problem is that a measured, rational analysis will help boththe Board and the community garner a clear understanding of the pros and cons ofthe OAC and its alternatives. At that point, funding for this project can be sought,knowing that an appropriate analysis of the project has been completed and theappropriate project is moving forward.

We look forward to working with the Board and the FTA in helping to make sure thatthe Bay Area community receives the open, independent analysis that it deserves

from our world-class transit system provider. We hope that this is the beginning of amore open and public process in planning for BART's infrastructure needs.

Thank you for your continued attention to this matter.

Sincerely,

John Knox WhiteProgram Director