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BACKGROUND BART prepared a program -level EIR to evaluate the alignment alternatives on a broad level. A program -level EIR generally establishes a framework for "tiered" or project level environmental documents that are prepared in accordance with an overall program. BART's program -level EIR will be used to select the preferred alignment alternative by evaluating the potential environmental impacts and tradeoffs associated with the different routes and station alternatives. The preferred alignment will be memorialized in a Preferred Alternative Memorandum adopted by the BART Board of Directors. Once the alignment alternative is selected, BART intends to begin the process of protecting right -of -way for future development of a transit system and to begin a more detailed planning process, including a subsequent project -level EIR. A project -level EIR is the most common type of EIR. It examines the impacts that would result from development of a specific project. General information, cumulative analyses, etc., from the program -level EIR will likely be summarized or incorporated by reference so that the project -level EIR can focus on project specific issues. If the EIR is certified by the BART Board of Directors, the EIR will not control the ultimate decision of whether to construct the project. EIR PROCESS The process for requiring, preparing, and adopting an EIR is outlined in the California Environmental Quality Act (CEQA) Guidelines. For the BART to City of Livermore project, it consists of the following current/future steps: 1. Circulation of the DEIR to agencies and interested members of the public. (The circulation and comment period ends January 21, 2010). 2. Public workshops may be held to receive comments from the public. (A future workshop is planned on January 6, 2010.) 3. BART and environmental consultants prepare the written "Response to Comments" document that addresses all written comments received by BART during the DEIR review period. 4. BART to hold a public hearing regarding the certification of the Final EIR (FEIR) documents. 5. If the program -level EIR is certified, BART intends to prepare a project -level EIR before making a decision of whether or not to construct. Since release of the DEIR, City staff has had several conversations with Livermore, Alameda County and representatives from the Staple Ranch developers to discuss the processing of the DEIR and to state Pleasanton's concerns regarding the route alignments that traverse along the proposed Staples Ranch Development. All parties agreed that communication will be critical in addressing the interests of all agencies and the general public. City staff is currently evaluating the DEIR and anticipates submitting comments. Page 2 of 3