HomeMy WebLinkAboutMINUTES - 09201994 - 1.32 j - Contra
TO: BOARD OF SUPERVISORS Costa
FROM: HARVEY E. BRAGDON, County
COMMUNITY DEVELOPMENT DIRECTOR
DATE: September 13 , 1994
SUBJECT: Approve Delegation Agreement for Implementation of the BAAQMD Trip
Reduction Rule
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve and authorize. the Chair, Board of Supervisors, to execute
a Delegation Agreement (Exhibit A) with the Bay Area Air Quality
Management District (BAAQMD) authorizing the County to implement
the BAAQMD's Regulation 13 , Rule 1 - Trip Reduction Requirements
for Large Employers - for the unincorporated area of Contra Costa
County.
FINANCIAL IMPACT
None. The requirements of Regulation 13 , Rule 1, will be
implemented with grant funds from the Contra Costa Transportation
Authority for administering transportation demand management (TDM)
programs in Contra Costa County.
BACKGROUND/R9ASONS FOR RECOMMENDATIONS
On December 16, 1992 , the Bay Area Air Quality Management District
(BAAQMD) adopted Regulation 13, Rule 1, Trip Reduction Requirements
for Large Employers (Trip Reduction Rule) . This Rule requires
employers of 100 or more persons at a single work-site in the Bay
Area to develop trip reduction plans which encourage their
employees to use some commuting method other than driving lon
CONTINUED ON ATTACHMENT: XX YES SIGNATUR
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA ND COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT i TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Steven L. Goetz, 646-2134
Orig:Community Development ATTESTED
cc: (via CDD) PHIL BATCHELOR, CLERK OF
BAAQMD THE BOARD OF SUPERVISORS
CCTA AND COUNTY ADMINISTRATOR
SWAT Committee
Transpac BY O,2,�� ) , DEPUTY
Tri Delta Transit
WCCTAC
t
Delegation Agreement for Implementation of the BAAQMD Trip Reduction Rule
September 13, 1994
Page Two
BACKGROUND/REASONS FOR RECOMMENDATIONS (continued)
to work, in order to reduce air pollution from cars. The BAAQMD' s requirements
closely parallel the existing transportation demand management (TDM) requirements
of local ordinances which have been adopted by all local jurisdictions in Contra
Costa in order to comply with the provisions of Measure C-1988 and Proposition
111 's Congestion Management Program. The Trip Reduction Rule allows for
delegation of authority to implement the Rule to local jurisdictions.
Implementation by local jurisdictions in the County is desirable for the following
reasons:
- to avoid duplication of, effort by local jurisdictions and the BAAQMD in
implementing employer-based trip reduction requirements;
- to avoid confusion among employers subject to both local and BAAQMD trip
reduction requirements;
- to save administrative costs in implementing separate requirements that serve
a common purpose; and
- to take advantage of existing working relationships the regional TDM programs
have established with local employers for our local trip reduction
ordinances.
On March 9, 1993 , the Board of Supervisors declared its intent to seek delegation
of authority to implement the BAAQMD's Trip Reduction Rule. This action was taken
in conjunction with similar declarations by the cities in order to ensure county-
wide coordination of employer-based trip reduction efforts..
On April 27, 1994 , the Board of Supervisors amended the County's trip reduction
ordinance to be consistent with the BAAQMD's Trip Reduction Rule.
On June 21, 1994, the Board of Supervisors approved a Delegation Plan for
implementing the BAAQMD's Trip Reduction Rule and authorized the Community
Development Director to submit the Delegation Plan to the BAAQMD for their review
and approval. The Delegation Plan demonstrates that the County's ordinance has
provisions that are at least as stringent as those in the BAAQMD Rule. In
addition, the Plan demonstrates that the County as the resources needed to
implement the Rule and the authority to enforce the Rule. The Delegation Plan
states that in the County, administration of the local ordinances has been
assigned to the four regional TDM programs established in conjunction with the
cities and funded by the Contra Costa Transportation Authority. However, as with
our local trip reduction ordinances, the County and the cities retain the
authority to enforce the Trip Reduction Rule requirements should that become
necessary.
The Delegation Plan also describes the County's TDM program for the Pleasant Hill
BART station area, which is currently administered by the Contra Costa Centre
Association by agreement with the County. This program is funded by developer
fees. The Plan expresses the intent of the County to incorporate the Pleasant
Hill BART station area TDM program in the Transpac (Central County) TDM program
in the near future. This would not affect the funding arrangement between the
Contra Costa Centre Association and the County.
On August 4, 1994 , the BAAQMD accepted the County' s Delegation Plan as well as the
Delegation Agreement negotiated by the Community Development Department, with the
assistance of County Counsel, on behalf of the Board of Supervisors. The
Agreement commits the County to implement and enforce our local trip reduction
ordinance (Ordinance 94-27) and Delegation Plan. The length of the Agreement is
for one year and shall be automatically renewed annually unless the Agreement is
terminated as a result of non-compliance, or if either party chooses to withdraw.
The County may withdraw from the Agreement by giving written notice to the BAAQMD
no less than 90 days prior to the anniversary date of the Agreement. The
Department recommends that the Board approve the Delegation Agreement.
DELEGATION AGREEMENT
BETWEEN THE
BAY AREA AIR QUALITY MANAGEMENT DISTRICT
AND THE
COUNTY OF CONTRA COSTA
This Delegation Agreement, entered into this day of 1994, by and between
the Bay Area Air Quality Management District ("BAAQMD" c(r "District") and the County of
Contra Costa("County") does hereby establish the following:
RECITALS
A. The BAAQMD is a regional agency that includes all of Alameda, Contra Costa, Marin,
Napa, San Francisco, San Mateo, and Santa Clara Counties, the southern portion of
Sonoma County, and the southwestern portion of Solano County.
B. The general powers and duties of the BAAQMD are defined in California Health and
Safety Code and include the adoption, implementation, and enforcement of
transportation control measures for the attainment and maintenance of state or federal
ambient air quality standards (Section 40717).
C. The County is a political subdivision of the State of California and is authorized to adopt
trip reduction and travel demand ordinances by Article 11, Section 7 of the California
Constitution (See also, Government Code, section 65089.3(2) and the Streets and
Highway Code, section 2105).
D. The BAAQMD wants to ensure that the full intent and purpose of Regulation 13, Rule 1
- Trip Reduction Requirements for Large Employers will be maintained and enforced
throughout its jurisdiction. The BAAQMD also wants to support local government
initiatives in adopting trip reduction ordinances and have local jurisdictions implement
and enforce Regulation 13, Rule 1 to the greatest extent feasible through delegation
agreements. Delegation will minimize the BAAQMD resources needed to implement the
regional rule and avoid unnecessary duplication of local resources.
E. In exchange for accepting delegation for enforcing Regulation 13, Rule 1 from the
BAAQMD, the County is provided flexibility in the implementation of trip reduction
requirements within its jurisdiction and can minimize the inconvenience and paperwork
for local employers who might otherwise need to comply with both a local ordinance and
the District rule. The County will also be provided with information and data that will be
useful to it in its general and congestion management planning and will be eligible for AB
434 funding to implement and enforce its Trip Reduction Ordinance (TRO).
F. Section 40717(e) of the California Health and Safety Code gives the BAAQMD the
authority to delegate implementation of transportation control measures, such as
Regulation 13, Rule 1, to any local agency if certain conditions are met.
BAAQMD-Contra Costa County Delegation Agreement - Page 1
G. Section 13-1-302 of BAAQMD Regulation 13, Rule 1 includes criteria for delegation of
the rule by the Air Pollution Control Officer(APCO) to local jurisdictions.
NOW, THEREFORE, the parties agree to the following:
1. APPROVAL OF TRIP REDUCTION ORDINANCE AND DELEGATION PLAN FOR
REGULATION 13, RULE 1 DELEGATION
A. The TRO and Delegation Plan as adopted by the County are attached as Attachment A
and Attachment B, respectively, to this Delegation Agreement. The signature of the Air
Pollution Control Officer(APCO) to this document constitutes approval of the TRO and
Delegation Plan by the BAAQMD. For the purposes of this Delegation Agreement,
"approved status" of the TRO signifies acknowledgment that the TRO is an ordinance
with respect to air pollution control which is at least as stringent as the BAAQMD's
Regulation 13, Rule 1, within the meaning of Section 13-1-302 of the rule. Such
approval exempts employers within the unincorporated parts of the County from the
BAAQMD's implementation of Regulation 13, Rule 1 pursuant to Section 13-1-105 of
that rule, except that multi-site employers have the option of complying with Regulation
13, Rule 1, as provided in California Health and Safety Code Section 40717(e)(4).
B. The signature of the Chair, Board of Supervisors to this document constitutes a
commitment on the part of the County to implement and enforce the TRO and
Delegation Plan. Failure to implement and enforce the TRO or Delegation Plan will
result in the revocation of the approved status of the TRO and Delegation Plan and this
Delegation Agreement by the BAAQMD as outlined in Subsection 10.B. of this
Agreement.
2. MAINTENANCE OF ORDINANCE'S APPROVED STATUS
A. If changes in Regulation 13, Rule 1 are initiated by the BAAQMD which would render
the TRO less stringent than Regulation 13, Rule 1, then:
1. The BAAQMD shall advise the County of possible Regulation 13, Rule 1
amendments at the time these amendments are drafted.
2. The County shall have six months from the date of BAAQMD notification of
adoption of applicable Regulation 13, Rule 1 amendments, in which to modify the
TRO.
B. If amendments to the TRO are initiated by the County in response to amendments to
Regulation 13, Rule 1 or other reasons, and the County wishes to maintain the TRO's
approved status, then:
1. The County shall submit to the APCO a written request for review of the proposed
amendments.
2. The APCO shall respond to the County's written request for review of the proposed
amendments to the TRO within 60 calendar days.
BAAQMD-Contra Costa County Delegation Agreement - Page 2 .
3. The APCO shall forward a letter to the County indicating approval or disapproval of
the proposed amendment.
4. The County shall notify the BAAQMD in writing of any amendments adopted by the
County Board of Supervisors. If such amendments were previously approved under
Subsection 2.B.3. of this Agreement, the approved status of the TRO will remain
unchanged.
5. If amendments are adopted without BAAQMD approval and the BAAQMD
determines that the amended TRO is less stringent than Regulation 13, Rule 1 within
the meaning of Section 13-1-302, this Delegation Agreement may be terminated as
provided in Section 10.B.
3. AGREEMENT ON EMPLOYEE TRANSPORTATION SURVEYS
A. County staff shall follow the employee transportation survey procedures set forth in the
Delegation Plan (Attachment B).
B. The BAAQMD shall provide information to County staff, upon request, on current
employee transportation survey procedures used by the BAAQMD.
C. County staffs implementation of the survey procedures in the Delegation Plan and
BAAQMD survey procedures shall be evaluated by the BAAQMD in the course of its
annual performance evaluation.
D. County shall provide data and results from employee transportation surveys from all
work sites, as requested by the BAAQMD as part of the annual performance evaluation,
or at other times of the year, as described in Section 6.B. of this Agreement.
E. BAAQMD shall provide to County staff, upon request, data and results from employee
transportation surveys from multi-site employers that report to the BAAQMD for work
sites located within the unincorporated parts of the County.
4. AGREEMENT ON EMPLOYER TRIP REDUCTION PLAN
APPROVAL/DISAPPROVAL AND APPEAL OF PLAN DISAPPROVAL
A. County staff shall follow 'the plan approval/disapproval and appeal criteria and
procedures set forth in the Delegation Plan (Attachment B).
B. The BAAQMD shall provide information to County staff, upon request, on current
criteria and methods for reviewing, approving, and disapproving plans submitted to the
BAAQMD and information on plan appeals.
C. County staffs implementation of the plan approval/disapproval procedures and criteria in
the Delegation Plan and BAAQMD procedures and criteria shall be evaluated by the
BAAQMD in the course of its annual performance evaluation.
BAAQMD-Contra Costa County Delegation Agreement- Page 3
5. AGREEMENT ON VIOLATIONS AND PENALTIES
A. County staff shall follow the violation and penalty procedures and criteria set forth in the
TRO (Attachment A) and Delegation Plan (Attachment B).
B. The BAAQMD shall provide to County staff, upon request, information on violations
and penalties collected by the BAAQMD, including the criteria used for determining the
violations and penalties.
C. The County's records of violations and penalties shall be evaluated by the BAAQMD in
the course of its annual performance evaluation.
6. ANNUAL PERFORMANCE EVALUATION BY BAAQMD
A. Within one year of entering into this Agreement and annually thereafter, the BAAQMD
shall conduct a performance evaluation of the County as to the implementation and
enforcement of the TRO. The evaluation will contain a finding to continue, modify, or
terminate the delegation agreement. The evaluation may also recommend improvement
or enhancement to the County's administration of the trip reduction requirements.
B. The County and/or its designee shall maintain the following information and data:
1. Data and results from employee transportation surveys;
2. Copies of employer trip reduction plans;
3. VER or AVR data for all employers and work sites subject to the TRO;
4. Names and addresses of all employers and work sites subject to the TRO, and the
number of employees at each site (total and those starting work during the peak
period);
5. Names and addresses of all Employee Transportation Coordinators (ETCs);
6. Summary of fees collected, if any, and expenditures for TRO implementation;
7. Summary of expenditures budgeted for TRO implementation for the year being
evaluated;
8. Summary of enforcement actions taken;
9. A self-assessment of TRO implementation and recommended changes to the
ordinance or its implementation, including an assessment of the adequacy of existing
and future resources to implement and enforce the TRO; and
10. Amount and sources of resources used to implement the TRO, including compliance
monitoring and enforcement, in the current fiscal year and resource estimates or
projections for the upcoming fiscal year.
This information shall be made available to the BAAQMD staff at the time of the
annual on-site performance evaluation. BAAQMD staff shall provide the County at
BAAQMD-Contra Costa County Delegation Agreement - Page 4
least 30 days notice of the on-site evaluation. In addition, BAAQMD staff may
request any or all parts of this information and data at other times of the year and the
County shall make such information available within 30 days of notification.
C. The BAAQMD may contact any employer subject to the TRO.
D. Upon completion of the evaluation, .the APCO shall transmit a copy of the evaluation
report to the County. The County shall respond within 30 days, addressing any
questions, issues, or concerns raised by the APCO. Within 30 days of the response, the
APCO shall issue the final evaluation. If the County disagrees with any of the
conclusions in the final evaluation, the process set forth in Section 9 of this Delegation
Agreement shall be followed.
7. AGREEMENT ON FEDERAL, STATE, AND COUNTY AGENCIES
A. Except as otherwise provided in this Agreement, the District hereby delegates all of its
functions relative to Regulation 13, Rule 1 within the geographic jurisdiction of the
County to the County pursuant to Sections 40233 and 40717 of the Health and Safety
Code. It is intended that this delegation encompasses the District's authority over all
persons subject to the rules and regulations of the District, including any state or local
government agency or public district or any officer or employee thereof, and the United
States or its agencies. (See California Health and Safety Code Sec. 39047, 42 USC Sec.
7418)
8. AGREEMENT ON ETC TRAINING
A. The training of Employee Transportation Coordinators (ETCs) at work sites within the
County must be conducted by APCO-certified training organizations.
B. The County will grant waivers from the training requirement in accordance with the
process specified in the Delegation Plan. This process is consistent with the BAAQMD
waiver process. The County shall maintain records of all waivers granted and, upon
request, shall provide this information to the BAAQMD staff at the time of the annual
on-site performance evaluation or at other times of the year as described in Section 6.B.
of this Agreement.
9. RESOLUTION OF DISAGREEMENTS
A. Resolution of disagreements between the County and the BAAQMD shall initially be
sought at a staff level, then with the APCO and County Administrator if not resolved at
the staff level, and then before the BAAQMD Board of Directors if not resolved with the
APCO.
10. LENGTH OF TERM, TERMINATION AND WITHDRAWAL FROM DELEGATION
AGREEMENT
A. The length of term of this Delegation Agreement is for one year and shall be
automatically renewed annually unless the Delegation Agreement is terminated as
BAAQMD-Contra Costa County Delegation Agreement- Page 5
provided in Subsection 10.B. or either party withdraws from this Agreement as specified
in the procedures in Subsections 10.C. and 10.D.
B. This Delegation Agreement is terminated effective 30 days after written notification to
the County that the APCO has determined that:
1. Regulation 13, Rule 1 is amended and the TRO is not amended as outlined in
Section 2 of this Delegation Agreement;
2. The TRO is amended to be less stringent than Regulation 13, Rule 1;
3. The TRO is rescinded by the County Board of Supervisors; or
4. The County has failed to implement and enforce the TRO or the Delegation Plan.
Within 30 days after the effective date of termination the County must notify all
employers subject to the TRO of the termination of the Delegation Agreement and
provide the APCO with the list of employers and work sites subject to the rule,
including names, addresses, phone numbers, recent VER or AVR calculations, and
any trip reduction plan(s) received by the County.
C. The County may withdraw from this Agreement under the following procedure:
1. The County may withdraw from this Agreement by giving written notice to the
APCO no less than 90 days prior to the anniversary date of this Delegation
Agreement. The notice must include an effective date of withdrawal no sooner than
the anniversary date.
2. The County must notify all employers subject to the TRO of the County's
withdrawal from the Delegation Agreement at the same time notice is provided to
the APCO. The notice must identify the date that employers meeting the applicability
requirements of Regulation 13, Rule 1 become subject to the BAAQMD Rule.
3. No less than 30 days prior to the effective date of withdrawal the County must
provide the APCO with the list of employers and work sites subject to the rule,
including names, addresses, phone numbers, recent VER or AVR calculations, and
any trip reduction plan(s) received by the County.
D. The BAAQMD may withdraw from this Agreement under the following procedure,
except as provided for in Subsection 10.B.:
1. The BAAQMD may withdraw from this Agreement by giving written notice to the
County no less than 90 days prior to the anniversary date of this Delegation
Agreement. The notice must include an effective date of withdrawal no sooner than
the anniversary date.
2. No less than 30 days prior to the effective date of with the County must
provide the APCO with the list of employers and work sites subject to the rule,
including names, addresses, phone numbers, recent VER or AVR calculations, and
any trip reduction plan(s) received by the County.
BAAQMD-Contra Costa County Delegation Agreement- Page 6
3. No less than 30 days prior to the effective date of withdrawal the County must notify
all employers subject to the TRO of the BAAQMD's withdrawal from the Delegation
Agreement. The notice must identify the date that employers meeting the
applicability requirements of Regulation 13, Rule 1 become subject to the
BAAQMD Rule.
11. AMENDMENTS AND NOTICES
A. Any amendments or additions to this document must be in writing signed by both parties.
B. Any notice required to be given herein shall be in writing and shall be personally served
or given by mail. Notice by personal service shall be effective upon delivery. Any notice
by mail shall be deemed to be effective when received and shall be sent return receipt
requested, postage prepaid, addressed to the party to be served, as follows:
To BAAQMD: Milton Feldstein
Air Pollution Control Officer
Bay Area Air Quality Management District
939 Ellis Street
San Francisco, CA 94109
To County: Harvey E. Bragdon
Director, Community Development Department
County of Contra Costa
651 Pine Street
Martinez, CA 94553
12. ROLE OF OTHER AGENCIES
A. The County has designated the following agencies as the Transportation Demand
Management (TDM) Program Managers, as defined in section 3(t) of the TRO:
Transportation Partnership and Cooperation (TRANSPAC), the Southwest Area
Transportation Committee (SWAT), the Eastern Contra Costa Transportation
Authority, and the West Contra Costa Transportation Advisory Committee (WCCTAC).
These agencies will be responsible for administering the ordinance as described in
Section 12.B. for work sites in unincorporated parts of the County within their
geographic boundaries. The County will be responsible for implementing the TRO for
any work sites not covered by the four agencies listed above.
B. The TDM Program Manager is responsible for the day-to-day administration of the
TRO, including, but not limited to the activities specified in the following sections of this
Agreement: Section 3 (Employee Transportation Surveys), Section 4 (Employer Trip
Reduction Plan Approval/Disapproval), Section 6.B. (maintenance of information and
data on implementation), Section 8.B. (ETC Training waivers) and Section U.B.
(Notification regarding multi-site employers); and the activities outlined in the
Delegation Plan (Attachment B).
BAAQMD-Contra Costa County Delegation Agreement - Page 7
C. The County is responsible for enforcement of the TRO at all sites within the
unincorporated parts of the County, as specified in the TRO and Delegation Plan.
D. The annual performance evaluation (Section 6 of this Agreement) will include an
evaluation of both the TDM Program Manager and the County with respect to
implementation and enforcement of the TRO and Delegation Plan.
13. MULTI-SITE EMPLOYERS
.A. In accordance with California Health and Safety Code Section 40717(e)(4), employers
with more than one regulated site in the District have the option of complying with the
District rule and reporting directly to the District. Employers that exercise this option
shall be exempt from the County TRO.
B. The County will notify the District within 30 days of receiving notice from a multi-site
employer that chooses to exercise the option of reporting directly to the District.
C. By December 31, 1994, the District will provide the County with a list of all multi-site
employers in the County who registered work sites with the District.
14. SIGNATURES
CONTRA COSTA COUNTY BAY AREA AIR QUALITY
MANAGEMENT DISTRICT
Dae Date
Tom Powers, Chair Milton Feldstein
Board of Supervisors Air Pollution Control Officer
APPROVED AS TO FORM:
Date D to
Victor J. Westman Powell
County Counsel BAAQMD Counsel
BAAQMD-Contra Costa County Delegation Agreement - Page 8
ATTACHMENT A 1. 72
ORDINANCE NO. 94-27
AN; 0RDINANCE_�F THE COUNTY OF CONTRA COSTA
REQU-IRING V 8PORTATION DEMAND MANAGEMENT
The Board of Supervisors of the County of Contra Costa does ordain
as follows:
Section 1. Purpose: This ordinance is enacted by the County of
Contra Costa for the following purposes:
(a) To improve ambient air quality by reducing air pollutant
emissions that result from vehicle commute trips to work sites
with one hundred (100) or more employees located within the County
of Contra Costa;
(b) To promote and encourage the use of alternatives to
commuting by single occupant vehicle among Contra Costa County
residents and individuals working in the County of Contra Costa;
(c) To support local and regional efforts to relieve traffic
congestion in and around the County of Contra Costa, thereby
reducing noise, pollution and energy consumption.
(d) To facilitate local implementation Regulation 13 of the
Bay Area Air Quality Management District.
(e) To implement the requirement of the Contra Costa
Transportation Authority that employment complexes with 100 or
more employees develop trip reduction programs.
Section 2. Applicability: This ordinance applies to all public
and private employers with one hundred (100) or more employees at
a work site and all complexes with one hundred (100) or more
non-retail employees housed therein. If an employer has one
hundred (100) or more employees but no single work site with one
hundred (100) or more employees, this ordinance does not apply to
that employer. For purposes of determining the applicability of
this ordinance, the number of employees at a work site or a
complex is .determined as the maximum number of employees reporting
to that work site or complex on any single week day Monday through
Friday during the current calendar year.
Section 3. Definitions: For the purposes of this ordinance the
following words and phrases shall have the meaning shown unless
the context requires otherwise:
(a) Average Vehicle Ridership (AVR) : means the number of
employees who start work at a work site during the peak period
divided by the number of vehicles those employees use to arrive at
February 10, 1994
94-27
the work site, averaged over the survey week as calculated
pursuant to this ordinance.
• (b) Carpool: means a vehicle occupied by two (2) to six (6)
people traveling together between their residence and their work
site or destination for the majority of the total trip distance.
Employees who work for different employers, as well as
non-employed people, are included within this definition as long
as they are in the vehicle for the majority of the total trip
distance.
(c) Commute Trip: means the trip made by an employee from
home to the work site. The commute trip may include stops between
home and the work site.
(d) Compleu: means any multi-tenant building or group of
buildings located on a single parcel or group of contiguous
parcels under common ownership or common management with a total
of one hundred (100) or more non-retail employees working at the
building or group of buildings.
(e) Compressed Work Week: means a regular full-time
schedule which eliminates at least one round-trip commute trip
(both home-to-work and work-to-home) at least once every two (2)
weeks. Examples include, but are not limited to working three
twelve-hour days (3/36) or four ten-hour days (4/40) within a one
week period; or eight nine-hour days and one eight-hour day (9/80)
within a two week period.
(f) Employee: means any person conducting work activity for
an employer twenty (20) or more hours per week on a regular or
full-time or part-time basis, including independent contractors,
but excluding field construction workers, field personnel,
seasonal/temporary employees, and volunteers.
(g) Employee Transportation Coordinator (ETC) : means an
employee, other individual, or entity appointed by an employer or
complex to develop, market, administer, and monitor the Employer
Trip Reduction Program or Employer Trip Reduction Plan on a full
or part-time basis.
(h) Employee Transportation Survey: means a County-approved
questionnaire distributed by employers and complexes to employees
designed to provide sufficient information to calculate AVR or VER
for the work site pursuant to Section 4 and S.
(i) Employer: means any person(s) , trust, firm, business,
joint stock company, corporation, partnership, association,
non-profit agency or corporation, educational institution, city,
county, school district, hospital or health care facility, federal
ORDINANCE NO. 94- 27
February 10, 1994 —2—
or state government department, agency, or district, or any other
special purpose public agency or district which has any natural
person in service. A city, county, or city and county is a single
employer for purposes of this ordinance, not individual
departments or agencies of the city, county, or city and county.
Individual departments or agencies of the State of California and
the federal government are separate employers for purposes of this
ordinance. Employer includes for-profit, not-for-profit and
non-profit enterprises. Several subsidiaries or units that occupy
the same work site and report to one common governing board or
governing entity or that function as one corporate unit are
considered to be one employer. The term shall not included
employers with no permanent work site within the County.
(j) Employer Trip Reduction Plan: means a document
describing in detail the Employer Trip Reduction Program,
including an implementation schedule, and all the elements listed
in Section 12 which is submitted to the County for review and
approval pursuant to Sections 12, 13, 14, 15 and 16.
(k) Employer Trip Reduction Program: means a group of
measures developed and implemented by an employer that are
designed to provide transportation information, assistance, and
incentives to employees. The purpose of such measures is to
reduce the number of motor vehicles driven to the work site by
increasing AVR or decreasing VER, and to achieve and maintain the
performance objectives listed in Section 4. An employer .Trip
Reduction Program may include, but is not limited to measures
which promote carpools, vanpools, public transit, compressed work
weeks, telecommuting, bicycling and walking to the work site.
(1) Field Construction Worker: means an employee who
reports for work to a temporary field construction site.
(m) Field Personnel: Employees who spend 20% or less of
their work-time at the work site and who do not report to the work
site during the peak period for pickup and dispatch of an
employer-provided vehicle.
(n) Independent Contractor: means an individual who enters
into a direct written contract or agreement with an employer to
perform certain services. The period of the contract or agreement
is at least ninety (90) continuous days or is open-ended.
(o) Non-retail Employees: means an employee not employed in
a retail business use.
(p) Peak Period: means the time from 6:00 a.m. through
10:00 a.m. Monday through Friday inclusive.
ORDINANCE NO. 94- 27
febm ary 10, IW4 —3—
(q) Seasonal/Temporary Employee: means an employee who
works for the employer for less than 90 continuous days (three
months) within a calendar year.
(r) Single-Occupant Vehicle: means a vehicle occupied by
one employee.
(s) Survey Week: means a regular five day Monday through
Friday (inclusive) work-week. The survey week for work sites with
Saturday and Sunday work schedules will include only those work
days Monday through Friday. The survey week cannot contain a
federal, state, or local holiday, regardless of whether the
holiday is observed by the employer. A survey week means a week
meeting the above criteria selected by the County during January
through May, or September through November for the employee
transportation surveys required by Section 9 of this ordinance.
The survey week cannot be Rideshare Week or contain any other
rideshare or transit promotional event.
(t) TDM Program Manager: means an employee of a regional
transportation agency (TRANSPAC, Tri-Delta Transit, Southwest Area
Transportation Committee, or West Contra Costa Transportation
Advisory Committee) hired to administer the regional TDM program.
(u) Telecommuting: means a system of working at home or at
an off-site, non-home telecommute facility for the full work day
on a regular basis of at least one day -per week.
(v) Transportation Management Association: means an
organization through which developers, property managers,
employers, and/or local jurisdictions cooperate in designing,
implementing, and assessing Employer Trip Reduction Programs or
other transportation demand or system management programs and
measures.
(w) Vanpool: means a vehicle occupied by seven (7) to
fifteen (15) employees including the driver who commute together
to work for the majority of their individual commute trip
distance. Employees who work for different employers are included
within this definition as long as they are in the vehicle for the
majority of their individual trip distance.
(x) Vehicle: means a device by which any person or property
may be propelled, moved, or drawn upon a highway, except the
following: 1) a device moved exclusively by human power, 2) a
device used exclusively upon stationary rails or tracks, 3) buses
used for public or private transit. Examples of vehicles include,
but are not limited to, passenger cars, motorcycles, vans, and
pickup trucks.
ORDINANCE NO. 94- 27
February 10. 1994 —4-
1
(y) Vehicle Employee Ratio (VER) : means the number of
vehicles used by employees who start work at a work site during
the peak period divided by the number of those employees averaged
over the survey week as calculated pursuant to this ordinance.
(z) Volunteer: means an individual who does not receive any
wages, salary, or other form of remuneration (other than
reimbursement for expenses) from the employer for services
provided.
(aa) Work Activity: means any activity for which an employee
receives remuneration from an employer. Telecommuting is a work
activity.
(bb) Work Site: means any property, real or personal, which
is being operated, utilized, maintained, or owned by an employer
as part of an identifiable enterprise. All such property on
contiguous, adjacent, or proximate sites separated only by a
private or public roadway or other private or public right-of-way,
served by a common circulation or access system, and not separated
by an impassable barrier to bicycle or pedestrian travel such as a
freeway or flood control channel is included as part of the work
site. If two or more employers each have one hundred (100) or
more employees at a single work site, then that work site is
considered a separate work site for each employer.
Section 4. Performance Objectives: Employers having work
sites with one hundred (100) or more employees and complexes shall
implement Trip Reduction Programs having the collective effect of
achieving VER reductions, or AVR increases in accordance with the
following schedule:
Reportina Year VER Objective AVR Objective
1994 .87 1.15
1995 .83 1.20
1996 .80 1.25
1997 .77 1.30
1998 .74 1.35
1999 .74 1.35
Section S. Registration: Each employer with one hundred (100) or
more employees at a single work site and each complex within the
County shall register with the County within thirty (30) days of
adoption of this ordinance. An employer who becomes subject to
this ordinance subsequent to its adoption due to an increase in
the number of employees or the establishment of a new or expanded
work site, shall register with the County within ninety (90) days
after becoming subject to this ordinance.
ORDINANCE NO. 94- 27
February 10, 1994 —5—
Employer registration and registration of complexes shall include
the following information: Name and mailing address of the
employer, or owner or manager of the complex; separate
identification of each work site subject to this ordinance
including street address; the name and telephone number of the
designated Employee Transportation Coordinator for each work site
or complex; and the total number of employees at each work site or
complex.
Section 6. Employee Notification: An employer with one hundred
(100) or more employees, and the owner or manager of a complex
shall facilitate the participation of employees and employee
organizations in the development of Employer Trip Reduction
Programs and Employer Trip Reduction Plans by providing the
following information to its employees at the times specified
below:
(a) Information explaining the requirements and
applicability of this rule to the complex, or employer and its
work site(s) prior to or at the time of registration pursuant to
Section 5.
(b) The content and implementation schedule of the Employer
Trip Reduction Program required by Section 10 during its
development.
(c) The content, implementation schedule, and availability
of the Employer Trip Reduction Plan required by Section 11, as
applicable, at least thirty (30) days prior to the submittal of
the Employer Trip Reduction Plan to the County.
(d) Notification may be provided through employee bulletins,
notices posted on bulletin boards, articles in any newsletter
generally circulated or provided to employees, or any other
reasonable means to assure that employees have adequate
opportunity to participate in the development of trip reduction
programs and measures, and are informed about the full range of
trip reduction programs and measures available at the work site.
(e) The notice shall identify the Employee Transportation
Coordinator within the organization to whom comments and
suggestions can be submitted and questions addressed.
Section 7. Exemption: An employer with one hundred (100) or more
employees or a complex may request an exemption from the
requirements of this ordinance on the basis of one of the
following provisions:
(a) Employee Minimum Level: A work site of one hundred
(100) or more employees or a complex where less than fifty (50) of
ORDINANCE NO. 94- 27
February 10, 1994 —6—
the employees normally start work during the peak period may be
1' exempt from all requirements of this ordinance except for
registration as required pursuant to Section 5 of this ordinance.
(b) Performance Objective Achieved: A work site or complex
that meets the 1999 performance objective for VER or AVR stated in
Section 4 of this ordinance is exempt from all other requirements
of this ordinance except for the following:
1. A work site or complex that meets the 1999
performance objective for VER or AVR stated in Section 4 of this
ordinance must submit to the County a listing of the measures or
reasons for achieving the 1999 performance objectives;
2. A work site or complex that meets the 1999
performance objective for VER or AVR stated in Section 4 of this
ordinance must demonstrate continued achievement of the 1999
performance objectives by conducting an employee transportation
survey pursuant to Section 9 of this ordinance once every three
years.
A work site or complex that does not continue to demonstrate
achievement of the 1999 performance objectives pursuant to Section
4 of this ordinance no longer qualifies for the exemption provided
by this section and becomes subject to the requirements of this
ordinance at that time.
(c) Construction Site: A construction site is exempt from
the requirements of this ordinance. For the purposes of this
section, 1) "construction" means the on-site fabrication,
erection, or installation of a physical structure such as a
building, roadway, bridge, etc. , and 2) "site" has the same
meaning as "work site."
(d) Each request for an exemption must be made in writing to
the County.
Section S. Employee Transportation Coordinator (ETC) s Each
employer, and owner or manager of a complex subject to this
ordinance must designate one or more Employee Transportation
Coordinators as specified below:
(a) Each employer and owner or manager shall appoint an
Employee Transportation Coordinator for each affected complex or
work site. An employer with multiple affected work sites within
the County may appoint one ETC for more than one work site even if
the work sites are not situated at adjacent locations.
(b) Each Employee Transportation Coordinator must complete a
training program certified by the Bay Area Air Quality Management
ORDINANCE NO. 94-2Z
Febrwry 10, 1994 —7—
District within nine (9) months of the date this ordinance becomes
effective, or within six (6) months of appointment when appointed
after the initial nine (9)-months time frame.
(c) The employer or owner or manager may apply to the County
for a waiver from the training requirement of this section when an
ETC has one or more years of experience in trip reduction or
equivalent skills.
Section 9. Employee Transportation Surveys: Each affected
employer of one hundred (100) or more employees and each owner or
manager of a complex must conduct employee transportation surveys
as specified in this section to establish whether the performance
objectives listed in Section 4 of this ordinance have been
achieved. The transportation survey shall be as specified by the
County and shall be submitted to the County to calculate VER or
AVR, determine compliance with performance objectives, and to
establish employee commute patterns.
(a) Employee transportation surveys shall be conducted
annually unless a work site demonstrates that a future year
performance objective has already been achieved. A work site that
has so demonstrated is required to conduct a survey every other
year as long as future year performance objectives continue to be
achieved.
(b) Employee transportation surveys shall be conducted, and
VER or AVR calculated, in a manner consistent with procedures in
effect at the time that the survey is conducted pursuant to
Section 13-1-602 of Regulation 13 Rule 1 promulgated by the Bay
Area Air Quality Management District.
(c) Employers with one hundred (100) or more employees at a
work site and complexes which become subject to this ordinance
subsequent to its adoption due to an increase in the number of
employees or the establishment of a new or expanded work site
shall conduct an employee transportation survey during the same
week and on the same schedule as the rest of the employers and
complexes.
(d) Employee transportation surveys must be conducted during
a "survey week" as defined in Subsection 3 (t) of this ordinance.
The employer shall not offer any special incentives or
disincentives in addition to its regular trip reduction program
during the survey week.
Section 10. Employer Trip Reduction Program: Employers with one
hundred (100) or more employees at a work site and owners or
managers of complexes shall develop and implement Employer Trip
Reduction Programs. Implementation shall occur within six (6)
ORDINANCE NO. 94- 27
February 10, 1994 -8-
l
months following the completion of the survey week for the first
employee transportation survey conducted pursuant to Section 9 of
this ordinance.
Section 11. Requirement to Submit Employer Trip Reduction Plan:
An employer with one hundred (100) or more employees at a work
site or an owner or manager of a complex not achieving the
performance objectives established in Section 4 of this ordinance
for the applicable year must prepare an Employer Trip Reduction
Plan for that work site. The plan shall be submitted to the
County within one hundred and twenty (120) days following the
determination by the County that the performance objective was not
achieved. An employer may submit a consolidated plan that covers
multiple work sites. The determination that the performance
objective has not been achieved shall be based on information
received through the employee transportation surveys taken as
specified in Section 9 of this ordinance. The plan shall be
submitted by the highest ranking responsible official of the
employer at the work site or each work site when a consolidated
plan is submitted.
Section 12. Employer Trip Reduction Plan Content: The Employer
Trip Reduction Plan shall contain the following:
(a) Employer registration information as required pursuant
to Section 5 of this ordinance;
(b) A detailed description and inventory of measures
contained in the Employer Trip Reduction Program, including a list
of specific reduction measures already implemented;
(c) A description, schedule, and commitment to implement
additional or enhanced measures, including reasonable, feasible,
and cost effective trip reduction measures that can be expected to
bring about significant progress toward achievement of the
performance objectives;
(d) A discussion of the progress achieved to date and an
analysis of why the Employer Trip Reduction Program did not
achieve the performance objective including special issues,
circumstances, or conditions at the work site;
(e) A budget indicating all current and projected
expenditures for the Employer Trip Reduction Program.
section 13. Criteria for Approval of Employer Trip Reduction
Plans: The County shall consider for approval Employer Trip
Reduction Plans that include reasonable, feasible, and cost
effective trip reduction measures that can be expected to bring
about significant progress toward achievement of the performance
ORDINANCE NO. 94- 27
February 10, 19% —9—
R
objectives given the constraints of the work site, the nature of
the work activity, and the geographical distribution of employees
relative to the work site.
Alternatively, the County shall consider for approval an
alternative emission reduction program which demonstrates that:
(a) the measures included in such program will achieve emission
reductions equal to or greater than those that would have been
realized if the performance objectives were achieved; and (b) the
alternative measures are not required by any other federal, state,
or local control measure or regulatory requirement. Such an
alternative emission reduction program shall include an update or
progress monitoring report to be submitted at least once every two
(2) years.
Section 14. Revised plan: The County shall designate a County
TDM Coordinator which may be the Regional TDM Program Manager to
initially act on Employer Trip Reduction Plans. The Coordinator
shall disapprove any plan that does not meet the approval criteria
specified in Section 13 of this ordinance. An employer shall
revise any disapproved plan and resubmit the plan to the
Coordinator within ninety (90) days following notification of
disapproval. If the revised plan is subsequently disapproved, the
employer will have one further opportunity to revise and resubmit
a plan within ninety (90) days following the second notification
of disapproval. If this resubmission is also disapproved, it
shall be considered a final disapproval. Final disapproval is a
violation of this ordinance and the employer shall be subject to
penalty.
An employer shall revise and resubmit its Employer Trip Reduction
Plan within ninety (90) days of a final determination by an agency
or court with jurisdiction to make such determination that an
element of an approved Employer Trip Reduction Plan violates any
provision of law.
Section 15. Appeal of Pian Disapproval: An employer, or an owner
or manager may appeal a plan disapproval made by the Coordinator
pursuant to Section 14 of this ordinance. Said appeal shall be
made to the Contra Costa County Board of Supervisors according to
the following procedures:
(a) The employer shall submit a written Notice of Appeal to
the County within thirty (30) days following the determination of
Plan disapproval;
(b) The Board of Supervisors shall hear the appeal at an
appropriate time;
(c) The Board of Supervisors shall issue .its decision on the
ORDINANCE NO. 94- 27
iebmary 10, 1944 —10—
appeal within thirty (30) days following the close of the hearing;
(d) The due date for revised Employer Trip Reduction Plans
pursuant to Section 14 will be suspended during the appeal process
authorized by this section.
Section 16. Plan Update: An employer and owner or manager shall
update its Employer Trip Reduction Plan every year after plan
approval until such time as the performance objectives are
achieved.
Section 17. Violations: It shall be a violation of this ordinance
for:
(a) An employer with 100 or more employees at a work site or
an owner or manager of a complex to fail to register a work site
or complex pursuant to Section 5 of this ordinance;
(b) An employer with 100 or more employees at a work site or
an owner or manager of a complex to fail to notify employees
pursuant to Section 6 of this ordinance.
(c) An employer with 100 or more employees at a work site or
an owner or manager of a complex to fail to appoint an Employee
Transportation Coordinator pursuant to Section 8 of this
ordinance;
(d) An employer with 100 or more employees at a work site or
an owner or manager of a complex to fail to conduct employee
transportation surveys pursuant to Section 9 of this ordinance;
(e) An employer with 100 or more employees at a work site or
an owner or manager of a complex to fail to implement an Employer
Trip Reduction Program pursuant to Section 10 of this ordinance;
(f) An employer with 100 or more employees at a work site or
an owner or manager of a complex to fail to submit an Employer
Trip Reduction Plan, revised Plan or Plan update pursuant to
Sections 11, 12, 14 and 16 of this ordinance;
(g) An employer with 100 or more employees at a work site or
an owner or manager of a complex to have an Employer Trip
Reduction Plan which is given final disapproval as defined in
Section 14 of this ordinance.
(h) An employer with 100 or more employees at a work site or
an owner or manager of a complex to fail to implement a Trip
Reduction Plan pursuant to Sections 11 and 12 of this ordinance.
ORDINANCE NO. 94-27
febmary 10. 1994 -11-
Section IS. Penalty for Violations: Each violation listed in
Section 17 of this ordinance is punishable by a fine not
exceeding:
(a) One hundred dollars ($100) for the first violation;
(b) Two hundred dollars ($200) for a second violation of the
same provision within one (1) year;
(c) Five hundred ($500) dollars for each additional
violation of the same provision within one (1) year.
Every day any violation of this ordinance shall continue shall
constitute a separate offense.
In addition to the penalties provided by this ordinance, this
ordinance may be enforced by a civil action authorized by the
Board of Supervisors directly against the act, omission or
condition, or for damages therefor.
Section 19. Fees: Fees for the administration, implementation
and enforcement of this ordinance may be established from time to
time by the Board of Supervisors by ordinance or resolution.
Section 20. Effective Date: This ordinance becomes effective 30
days after passage, and within 15 days after passage shall be
published once with the names of the Supervisors voting for and
against it in the _ coNTRA COSTA 1IMES a newspaper published
in this County.
PASSED on April 19 , 1994 , by the following vote:
AYES: Supervisors Smith, De Saulnier, Torlakson and Bishop
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
ATTEST: PHIL BATCHELOR,
Clerk of the Board of Supervisors Bo rd—Chair
aCo y A istrator
uTr [SEAL]
LUM.
ORDINANCE NO. 94- 27
February 10, 1944 —12—
} ATTACHMENT B
COUNTY OF CONTRA COSTA
DELEGATION PLAN
FOR AUTHORITY TO IMPLEMENT REGULATION 13, RULE 1
SUBMITTED TO:
BAY AREA AIR QUALITY MANAGEMENT DISTRICT (BAAQMD)
939 Ellis Street
San Francisco, CA 94109
PART I: BACKGROUND INFORMATION
Date: June 21, 1994
Jurisdiction: Contra Costa County
Date TRO first adopted: October 27, 1987
Date(:,) TRO amended: April 21, 1992 ; April 19, 1994
Summary of TRO Requirements:
The Contra Costa County TDM ordinance incorporates Regulation 13
requirements as well as the County's TDM requirements under Measure
C and the Congestion Management Program. It applies to all
employers with 100 or more employees and all complexes with 100 or
more non-retail employees. The ordinance includes all the
provisions of Regulation 13 required for delegation. The Trip
Reduction Program in Contra Costa County is administered,
implemented, marketed and monitored by four regional TDM Programs
which act as the administering agencies for the local jurisdictions
in the County. Enforcement of the Trip Reduction Ordinance is the
responsibility of each jurisdiction upon notification by the
Regional TDM Program Manager.
Contact Person for Delegation Plan:
Ernest H. Vovakis
Senior Transportation Planner
Community Development Department, 651 Pine Street
Martinez, CA 94553
Telephone: (510) 646-2355
FAX: (510) 646-1309
PART II: DEMONSTRATION OF EQUIVALENT STRINGENCY
BAAQMD Regulation 13, Rule 1 Requirement
13-1-102 Applicability: This rule applies to all public and
private employers with 100 or more employees At a work site. This
rule applies only to work sites with 100 or more employees. If an
employer has 100 or more employees but no single. work site with 100
or more employees, this rule does not apply to that employer. . For
purposes of determining the applicability of this rule, the number
of employees at a work site is determined as the maximum number of
employees reporting to that work site on any single week day Monday
through Friday during the current calendar or fiscal year.
Local Jurisdiction TRO Requirement
Section Number: Section 2.
Are employers with less than 100 employees included?
No. This ordinance applies only to employers with 100 'or more
employees.
Are employment centers or complexes included?
Yes. The ordinance applies to non-retail complexes with 100 or
more employees.
Are multi-jurisdiction employers given the option of reporting to
the BAAQMD? If yes, how will the local jurisdiction notify the
BAAQMD of employers taking this option?
As a matter of state law, multijurisdictional employers have the
option of reporting directly to the BAAQMD. Therefore, this option
is not codified in the ordinance. The Regional TDM programs will
inform all employers of this option through the quarterly
newsletter and will include this information in written compliance
procedures.
--------------------------------- -------------------------- ------
BAAQMD Regulation 13, Rule 1 Requirement
13-1-202 Definition of Average Vehicle Ridership (AVR) : AVR is
the number of employees who start work at a work site during the
peak period divided by the number of vehicles those employees use
to arrive at the worksite, averaged over the survey week as
calculated pursuant -'to Section 13-1-601.
Local Jurisdiction TRO Requirement
Section Number: Section 3. (a) . The County ordinance defines AVR
exactly as specified in Regulation 13.
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contra Costa County Delegation Plan - Page 2
BAAQMD Regulation 13,, Rule 1 ,Requirement
13-1-209 Employee: Any person conducting work activity for an
employer 24 or more hours per week on a regular full-time or
part-time basis. The term includes independent contractors.
Local Jurisdiction TRO Requirement
Section Number: Section � 3. (f) .
In what section is the term "independent contractor" defined?
Section 3. (n) .
If the definition of employee includes the terms field
construction worker, field personnel, seasonal/temporary
employees, and volunteers, in what sections are these terms
defined? Section 3, (1) , Section 3. (m) , Section 3. (q) , and .
Section 3. (z) . The County ordinance defines these terms as
specified in Regulation 13.
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BAAQMD Regulation 13, Rule 1 Requirement
13-1-221 Peak Period: The time from 6:00 a.m. through 10:00
a.m. Monday through Friday inclusive.
Local Jurisdiction TRO Requirement
Section Number: Section 3. (p) . The County ordinance defines
peak period as specified in Regulation 13.
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BAAQMD Regulation 13, Rule 1 Requirement
13-1-224 Survey Week: A regular five day Monday through Friday
(inclusive) work-week. The survey week for. work sites with
Saturday and Sunday work schedules will include only those work
days Monday through Friday. The survey week cannot contain a
federal, State, or local holiday, regardless of whether the
holiday is observed by the employer. A survey week that meets
the above criteria is to be selected by the employer during
January through May, or September through November for the
employee transportation surveys required by Section 13-1-406.
The survey week cannot be Rideshare Week or contain any other
rideshare or transit promotional event, e.g. "Beat the Back-Up. "
Local Jurisdiction TRO Requirement
Section Number: Section 3. (s) . The County ordinance defines
survey week as specified in Regulation 13.
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Contra Costa County Delegation Plan - Page 3
BAAQMD Regulation 13, Rule 1 Requirement
13-1-229 Vehicle Employee Ratio (VER) : VER is the number of
vehicles used by employees who start work at a work site during
the peak period divided by the number of those employees averaged
over the survey week as calculated pursuant to Section 13-1-601.
VER is the reciprocal of AVR.
Local Jurisdiction TRO Requirement
Section Number: Section 3. (y) . The County ordinance defines VER
as specified in Regulation 13.
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BAAQMD Regulation 13, Rule 1 Requirement
13-1-232 Work. Site: Any property, real or personal , which is
being operated, utilized, maintained, or owned by an employer as
part of an identifiable enterprise. All property on contiguous,
adjacent, or proximate sites separated only by a private or
public roadway or other private or public right-of-way, served by
a common circulation or access system, and not separated by an
impassable barrier to bicycle or pedestrian travel such as a
freeway or flood control channel is included as part of the work
site. If two or more employers each have 100 or more employees
at a single work site, then that work site is considered a
separate work site for each employer.
Local Jurisdiction TRO Requirement
Section Number: Section 3. (bb) . The County ordinance defines
work site as specified in Regulation 13 .
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BAAQMD Regulation 13, Rule 1 Requirement
13-1-233 Zone: A geographical area within the District where
the performance objectives contained in Section 13-1-301 apply to
employers with work sites located within that zone.
Local Jurisdiction TRO Requirement
Section Number(s) : Not applicable.
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Contra Costa County Delegation Plan - Page 4
BAAQMD Regulation 13, Rule 1 Requirement
13-1-301 Performance Objectives: Performance objectives are
expressed in terms of AVR and VER. Employers have the option of
reporting performance in terms of either AVR or VER or both.
AVR Performance objectives and Year
Zone 3-993 1"A 1995 122-6 12.19-7 8 1222
Zone 1 1.50 1.65 1.80 2.00 2.20 2.50 2.50
Zone 2 1.20 1.26 1.32 1.38 1.44 1.50 .1.50
Zone 3 1.10 1.15 1.20 1.25 1.30 1.35 1.35
Zone 4 1.05 1.10 1.15 1.20 1.25 1.30 1.30
VER Performance Objectives and Year
Zone 1993 1294 1995 12,9& IM I.$ 1999
Zone 1 0.66 0.61 0.55 0. 50 0.45 0.40 0.40
Zone 2 0.83 0.79 0.76 0.72 0.69 0.66 0.66
Zone 3 0.91 0.87 0.83 0.80 0.77 0.74 0.74
Zone 4 0.93 0.90 0.87 0.83 0.80 0.77 0.77
Local Jurisdiction TRO Requirement
Section Number: Section 4. The County ordinance contains the
same performance objectives as Regulation 13.
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BAAQMD Regulation 13, Rule 1 Requirement
13-1-403 Employee Transportation Coordinator (ETC) : Employers
must have an ETC(s) as specified within this section.
403. 1 Employers shall appoint an ETC for each affected work
site.
403.2 ETCs must complete an APCO-certified training
curriculum within nine (9) months of the effective dates of this
rule as specified in Section 13-1-401, or within six (6) months
of appointment when appointed after the initial nine (9) month
time frame.
Local Jurisdiction TRO Requirement
Section Number: Section S.
Will the local jurisdiction require training in addition to the
APCO-certified curriculum? No. The regional TDM programs will
offer informational workshops to all ETCs.
Will the local jurisdiction provide waivers from the training
requirement? If so, describe the waiver process: Waivers will be
based upon the criteria and process developed by the BAAQMD. The
County ordinance ETC requirements are the same as Regulation 13 .
Co tra Costa County Delegation Plan - Page -5
BAAQMD Regulation 13, Rule 1 Requirement
Employee Transportation Surveys: Section 13-1-406 requires that
employers conduct an annual employee transportation survey to
establish whether the AVR and/or VER performance objectives have
been achieved. Surveys must be conducted by a specified date.
The survey must be conducted in a manner consistent with the
procedure contained in Section 13-1-601, including a method to
adjust AVR or VER for non-respondents that is at least as
stringent as that described. in Subsection 13-1-601.7.
Surveys are to be conducted annually.
Employers can not offer any special incentives or disincentives
in addition to their regular Employer Trip Reduction Program
during the survey week.
Local Jurisdiction TRO Requirement
Section Number: Section 9.
What are the deadlines for conducting and/or submitting surveys?
The regional TDM managers jointly set the deadlines for
conducting and submitting surveys based upon the ordinance
requirements. In 1994 , employee transportation surveys were
conducted during the month of May with the deadline for submittal
being May 30.
Will the jurisdiction provide a standard survey form? Please
explain. If a survey form is provided, attach a copy to the
delegation. plan.
The regional TDM programs have developed a standard survey form
that incorporates all BAAQMD requirements. The survey form will
be submitted for BAAQMD review upon completion.
Describe the local jurisdiction's role in processing the surveys:
The regional TDM program managers will collect and process all
employee surveys using a. BAAQMD approved contractor. Survey
results are summarized and copies distributed to each employer
ETC. The original surveys will be returned to the employers who
are required to keep them on file for three years. The County
ordinance has the same survey requirements as Regulation 13. .
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Contra Costa County Delegation Plan - Page 6
BAAQMD Regulation 13'r Rule 1 Requirement
Review and approve/disapprove Employer Trip Reduction Plans when
performance objectives are not achieved (Section 13-1-408)
The rule includes the following provisions:
1. Requires employers that do not achieve the performance
objectives for the applicable year to prepare and submit an.
Employer Trip Reduction Plan for that work site within a
specified time;
2. Specifies the content of the Employer Trip Reduction Plan
3. Includes criteria for plan approval/disapproval ;
4. Requires the Air Pollution Control Officer to disapprove
plans that do not meet the approval criteria;
5. Requires plan updates once every two years;
6. Requires employers to submit a revised plan if the plan is
disapproved.
Local Jurisdiction TRO Requirement
Section Numbers: Section Numbers 11, 12, 13, 14 , 15, 16.
Describe the process the local jurisdiction will use to review
and approve/disapprove plans:
The regional TDM Program Managers will review and approve or
disapprove each plan. . Section 13 of the TDM ordinance specifies
that the Employer Trip Reduction Plans include reasonable,
feasible, and cost effective trip reduction measures that can be
expected to bring about significant progress toward achievement
of the performance objectives given the constraints of the work
site, the nature of the work activity, and the geographical
distribution of employees relative to the work site. The
determination of whether the plan meets Section 13 requirements
will be based on the objective criteria currently being developed
by the BAAQMD.
---------------------------------------------------------------
BAAQMD Regulation 13, Rule 1 Requirement
Appeal Plan Disapproval: Section 13-1-409 provides a process for
employers to appeal a plan disapproval to the Employer Trip
Reduction Appeals Committee.
Local Jurisdiction TRO Requirement
Section Number: Section 15. The County ordinance provides for
appeals to the Board of Supervisors of revised TDM plan
disappovals by the regional TDM program manager.
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Contra Costa County Delegation Plan - Page 7
BAAQND Regulation 13, Rule 1 Requirement
Define Violations: h violation of the BAAQMD rule occurs whenever
an employer fails to meet the requirements specified within the
rule. Failure to do any of the following would be violation(s) :
conduct employee surveys, appoint an Employee Transportation
Coordinator, submit an Employer Trip Reduction Plan or update as
applicable, revise and resubmit any disapproved plan, have an
approved Employer Trip Reduction Plan, or implement an approved .
Employer Trip Reduction Plan.
Local Jurisdiction TRO Requirement
Section Number: Section 17.
List violations:
a) Failure to register a work site.
b) Failure to notify employees regarding the TDM Ordinance and
'rip Reduction Program.
c) Failure to appoint an Employee Transportation Coordinator.
d) Failure to 'conduct employee transportation .surveys.
e) Failure to implement an Employer Trip Reduction Program.
f) Failure to submit an Employer Trip Reduction Plan, revised
Plan, or Plan update.
g) Possession of an Employer Trip Reduction Plan which is given
final disapproval.
h) Failure to implement a Trip Reduction Plan.
Describe the process the local jurisdiction will use to identify
and notify employers of violations:
The regional TDM Program Managers will determine if an employer
is in violation of the ordinance and will send a letter to the
employer describing the violation(s) and the means of remedying
the violation. Should an employer fail to remedy the situation,
the TDM Program Manager will refer the matter to the County
Director of Community Development, who shall send a warning
letter to the employer informing him/her of the violation,
remedy, and asking the employer to contact the regional TDM
coordinator immediately. If the employer fails to comply after
this warning letter from the County, the Community Development
Director will ask the Board of Supervisors to refer the matter to
the County Counsel for civil action against the employer.
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Contra Costa County Delegation Plan - Page 8
BAAQMD Regulation 13, Rule 1 Requirement
Penalties: The BAAQMD is authorized to seek penalties for
violations of its rules by California Health and Safety Code
Sections 42400 to 42409.
Local Jurisdiction TRO Requirement
Section Number: Section 18.
What is the jurisdiction's authority for imposing penalties?
California Government Code Sections 25132 (b) gives the County the
authority to seek a conviction in Court of violations of the
ordinance.
What are the penalty amounts?
a) One hundred dollars for the first violation.
b) Two hundred dollars for a second violation of the same
provision within one year.
C) Five hundred dollars for each additional violation of the
same provision within one year.
Every day any violation of the ordinance constitutes a separate
offense.
Describe the process the local jurisdiction will use to assess
and collect penalties:
If an employer or complex fails to respond to the second warning
letter from the County, a citation will be issued. The employer
will then be -prosecuted in municipal court. If the employer or
complex is found to be guilty of an ordinance violation, the
Municipal. Court Judge will impose fines. The amount of the fine
is at the Judge's discretion, but cannot exceed the amounts
specified. in the ordinance.
---------------- --------------------..--------------------------
,Contra Costa County Delegation Plan - Page 9
Part III: Demonstration of Adequate Resources
The County is participating in the regional administration of
local TDM ordinances by the four regional transportation planning
committees under the auspices of the. Contra Costa Transportation
Authority (SWAT, TRANSPAC, Tri-Delta Transit, and WCCTAC) .
Unincorporated areas exist in all four regions, although the
number of employers subject .to Regulation 13 is in these areas is
small. The County has retained TDM jurisdiction over the
Pleasant Hill BART station area for the present due to the unique
planning and funding arrangements in this area. It is the
County's intention to include this area in the TRANSPAC TDM
program in the near future.
A. Resource Needs
Estimated Number of Work Sites Affected by TRO: 25-50 worksites
Estimated Number of Employees Affected' by TRO: 5, 000 employees
Fiscal Year July 1994 - June 19955
Implementation Activities:
• Expand the TDM program to include all affected employers,
including multi-tenant complexes, and retail establishments.
• Distribute and analyze .employer surveys. Compare results to
baseline (1993) .
Distribute, review and approve, conditionally approve, .or
disapprove Trip Reduction Plans.
• Review the trip reduction program of companies not achieving
the performance objectives. Make recommendations for changes
or additions.
Enforcement Activities:
• Add all affected employers to existing database for
compliance monitoring.
• in conjunction with local jurisdiction attorneys, and using
the revised Trip Reduction Ordinance as a guide, set up a
"Non-Compliance Checklist" and determine the review and
appeal process.
• Notify the County Counsel of any employer in violation of
the Trip Reduction Ordinance and attempt to notify the
employer of the violation(s) .
Provide periodic updates to the local jurisdictions
regarding employers in non-compliance.
Contra Costa County Delegation Plan - Page 10
Support Activities:
• Provide on-going employer training, outreach and education.
• Prepare the annual report for the regional area and compare
the second year of the program with the first year baseline
results.
• Develop marketing materials and other strategies to enhance
the TDM Program participation.
• Produce and distribute quarterly newsletter.
• Participate in related committees (I-680/24 TAC committee,
CCTA TDM Coordinating Committee, RIDES' TSM Managers,
Regional transportation planning committees, 1994 Rideshare
Week Task Force, Womens' Transportation Seminar, and Contra
Costa Council Transportation Task Force meetings) .
• Develop countywide guaranteed ride home, vanpool incentive
program, and telecommuting pilot project.
• Conduct residential mitigation program for new residential
development in the County to promote commute alternatives
for new residents.
+ Integrate TDM programs into the five Action Plans of the
regional planning committees and in the Countywide
Transportation Plan.
Fiscal Year July 1995 - June 1996
Implementation Activities:
• All activities mentioned for fiscal year 1994-1995.
Enforcement Activities:
on-going Ienforcement activities as described in year 1994-
1995.
• List fines levied against employers and determine if changes
have been made. Follow-up with employers.
Support Activities:
+ All activitkes •described for year 1994-1995.
• Evaluate program compared to first two years of program.
• Continue training of ETCs.
• Continue to monitor transit ticket sales and distribution of
commute alternative information.
Contra Costa County Delegation Plan - Page 11
.B. Revenue Sources
Sources of Funds: AB 434 40% funds administered by the Contra
Costa Transportation Authority
Pleasant Hill BART TDM Fee Account
Amount:
Regional Program: FY 94/95: FY 95/96:
SWAT $ 70,500 $100,000 (est. )
TRANSPAC $379,850 $398, 128 (est. )
Tri-Delta $116,710 $116,710 (est. )
WCCTAC $191,932 $200, 000 (est. )
Pleasant Hill BART Station
Area TDM Program: $282 ,229 (est. ) $290, 000 • (est. )
Certainty of funding: FY 94/95: High
FY 95/96: Moderate-High
The attached budgets for the four regional TDM programs provide a
detailed breakdown of expenditures. Also attached is the current
Project Agreement between the County and the Contra Costa Centre
Association (COCA) to administer a TDM program in the Pleasant
Hill. BART Station Area. This is the fourth annual agreement with
the COCA to administer the program and it extends until September
30, 1994. We will negotiate a new agreement in August for the
1994-95 fiscal year, which we expect to be for a similar amount.
Funding for the program comes from developer fees which were pre-
paid to the County in the mid-19801. s when the developments for
the Pleasant Hill station area were approved. It is estimated
that funding is available for two to three more years at current
rates of expenditure.
Contra Costa County Delegation Plan - Page 12
Eastern Contra County Regional Transportation Demand Management Program
1994-1995 Budget
OBJECT CLASSIFICATION
SALARIES & BENEFITS
Professional Staff- Salary * $32,890.
Professional Staff -Benefits 15,080.
Support Staff Salary ** 26,250.
Professional Staff travel/development 2,600.
Subtotal S76,820.
EQUIPMENT/SUPPLIES/OTHER
Office Equip/supplies/other S 2,150.
Postage/telephone/copies 1,000.
Subtotal 5 3,150.
TRAINING/WORKSHOPS
ETC Training& Workshops 5 4,000.
Subtotal 5 4,000.
MARKETING/PROMOTIONS
Displays/signs/Presentations 5 2,000.
Brochures/Posters/Graphics 5,000.
Ksc. Promo Events/Special Projects 10,000.
Advertising 1,000.
Subtotal S 18,000.
SURVEY/RIDEIIZATCHING
Data Entry/Analysis/Report S 10,750.
Ridematching Services 2,940.
Develop/Update Standard Forms 1,050.
Subtotal S 14,740.
GRAND TOTAL S 116,710.
• 1 full time professional staff
*' I part time support staff(as needed)
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SWAT SUB-REGION TDM PROGRAM
ESTIMATED 1994/95, 1995!96 BUDGET
OBJECT CLASSIFICATION 1994/95 BUDGET 1995/96 BUDGET
1. Training/Workshops $2,000 $2,000
•Training for ETCs
•Workshops for ETCs
*TDM Advisory Committee Meetings
2. Marketing & Promotions $6,000 $6,000
•Employer outreach
0Marketing plan, promotional
materials, brochures, etc.
•Inter-agency coordination
•Ridesharing and residential programs
3. Surveys $4,000 $4,000
•Survey Development and Distribution
•Contract for surveys, tabulation
and reports
•Baseline report
4. Program Implementation (staff time only)
•TDM Ordinance and Delegation Plan
•Trip Reduction Plans
•Reporting Procedures
•Annual Report
•Work Program for following year
S. Salary/Benefits $51,000 $80,000
•1 FTE, 10% of 1 FTE (94/95)
•1.5 FTE, 10% 1 FTE (95/96)
6. Equipment/Supplies & Other $7,500 $8,000
•Equipment
•Supplies
•Postage
•Telephone
•Rental Expenses
•Other
TOTAL 570.500 5100.000
WEST CONTRA COSTA COUNTY REGIONAL TRANSPORTATION PROGRAM
ESTIMATED THREE YEAR BUDGET (a)
QB CTCLASSIFICAT10 EIRSTXR SRCdND YR ZjiTgjJYR TOT&
FY 92193 FY 93194 FY 94/95
SALARIES & BENEFITS
Professional Staff• Salary $ 45,000 $ 47,025 $ 49,X41 5141,166
Professional Staff• Benefits S 10,350 S10,816 $ 11,302 $ 32,468
Professional Staff- Travel S 1,200 S 1,200 $ 1,200 S 3,600
Support Staff- Salary $ 16,185 $ 30,000 S31,500 $ 77,685
Support Staff- Benefits 5_3.68 56,000 S 6.239 x.,919
Subtotal $ 76,415 $ 95,041 S99,382 $270,838
EQUIPMENT, SUPPLIES & OTHER
Equipment/Fumiture/Supplies, $ 9,000 $ 1,500 $ 5,000(b) S15,500
Postage/Telephone/Copies S 8,500 S 6,000 S 6,000 $ 20,500
Rent/Services S 5,.5 S 4„-00 LAM S 13.5Q0
Subtotal $ 23,000 $ 11,500 $ 15,000 $ 49,500
TRAINING, WORKSHOPS & PROF. DEV.
TDM Coordinator Training $ 1,000 $ - 7W $ 700 $ 2,400
Computer Training S S00 S 300 S 300 $ 1,100
Conference Attendance S 1.1 S1,,},QQ & 1.1 S 3,500
Subtotal S 2,800 $ 2,100 S 21100 $ 71000
SPECIAL PROJECTS, MARKETING
& PROMOTIONAL EVENTS
Displays/Signs/Presentations $ 15,000 S 4,803 $ 2,0U0 $ 21,803
Brochures/Posters/Graphics $ 11,000 S 5,000 $ 51000 $ 21,000
Advertising S 2,000 S 1,000 S. 1,000 $ 4,000
Mise. Promotional Events S 9,000 $ 51OU0 $ 51000 S 19,000
Shuttle Demonstration_ Project (c) S55, 5.QQO
Subtotal $ 370000 $ 15,803 $ 680000 $1209803
SURVEYS
Data Entry/Analysis/Report $ 16,200 $ 6,200 S 60200 $ 28,600
Computer Software S 1,500 S 500 $ 500 $ 2,500
Copies S 750 S5 S 5 S 2.25Q
Subtotal $ 18,450 $ 7,450 $ 7,450 $ 33,350
gRANn7_OTAL 1S7 665 1 ! SI-91,932 _S481,491
NOTES:
(a) Does not include $150,000 in-kind costs associated with public and private sector staff time.
(b) Additional hardware/software for increased graphics/database use in-house.
(c) Shuttle demonstration project:
2 leased vehicles 5155,000
Marketing/administration 5,000
Richmond BART station upgrades 20.000
Reprogrammed funds from FY 92=93 AB434 funds «8,000?
Reprogrammed Meas. C funds (req.,thru OCTA) <57,000>
Employer participation t 20.000_>
Total budgeted for FY 94-95 s
PROJECT &GREE1r M
PLEASANT BILL HART STATION AREA TDM PROGRAM
1993-94.
1. agreement Identification.
Department: Community Development Department
Subject: Allocation of Pleasant Hill BART Station
Area TDM Fee Account for TDM Program
2. Parties. The County of Contra Costa, California, hereinafter
called "County", and the following named Contractor mutually
agree and promise as follows:
Contractor: Contra Costa Centre Association
Address: 1350 Treat Boulevard, Suite 180
Walnut Creek, California 94593
3. Term. The effective .date of this Agreement is October 1, 1993
and it terminates September 30, 1994 unless sooner terminated
as provided herein subject to all terms, conditions, and
assurances contained or incorporated herein.
4 . Payment Schedule. County's total payments to Contractor under
this agreement shall not exceed $282,229.00. County shall
make quarterly payments to Contractor equivalent to actual
expenditures for the preceding quarter except that County will
advance $70,000. to contractor to fund operations during the
first quarter. Payments shall be made in accordance with the
following schedule:
October 20, 1993 advance payment of $70, 000.
February 20, 1994 reimbursement for October 1' - December 31
May 20, 1994 reimbursement for January 1 - March 31 .
August 20, 1994 reimbursement for April 1 - June 30
November 20, 1994 final reconciliation for 1993-94 agreement
County reserves the right to withhold any part or all of any
payment if questions regarding expenditures arise which cannot
be resolved to the .satisfaction of the County.
S. County's Obligation._ County shall make those allocation
payments to the contractor described in paragraph 4, Payment
Schedule, , for the work described in Attachment A hereto,,
subject to all terms, conditions, and assurances contained or
incorporated herein. . County shall perform program monitoring
and financial oversight.
-1-
6. Contractor's obligations. Contractor shall provide those
services and carry out that work as described in the "TDM
Project Mork Program, 1993-1994, Pleasant Hill BART Station
Area," a copy of which is attached hereto as Attachment A and
incorporated herein by this reference, subject to all the
terms, conditions and certifications contained or incorporated
herein.
Contractor shall provide a quarterly statement of expenditures
to the County with appropriate backup documentation within
twenty days following the end of each calendar quarter.
7. Btatus. Contractor is an independent contractor, and shall
not be considered an employee of the County; any person(s)
employed by the Contractor shall not be considered an
employee(s) of the County. Any program established or
operated by the Contractor as part of the "TDM Project Work
Program" shall not be considered a program of the County.
S. Insurance. Contractor shall obtain and maintain during the
term hereof insurance protection against liability for damages
for personal bodily injuries (including death) and for
property damage, whether the property of one or more
claimants, in an amount not less than $1, 000, 000 per
occurrence (combined single limit) for combined bodily injury
and property damage liability as required under the State of
California Vanpool Acquisition .Grant Program and naming the
County of Contra Costa as additional insured, and requiring 30
days' written -notice of policy lapse or cancellation.
9. Indemnification. Contractor shall defend, save and hold
harmless the County and its officers and employees from any
and all claims, costs and liability for any damages, injury,
or death arising directly or indirectly from or connected with
the services provided hereunder, due to claimed or alleged to
be due to negligent or wrongful acts of the Contractor or
arising from the Contractor's implementation and management of
the services provided hereunder, save and except claims. or
litigation arising through the sole negligence or sole willful
misconduct of the County, and will .make good to and reimburse
the County for any expenditures, including reasonable
attorneys fees the County may make by reason of such matters
and, if requested by the County, will defend any such suits at
the sole cost and expense of the Contractor.
20. Depreciation. County will deposit $16,000 into the fixed
asset reserve account in the Pleasant Hill BART Station Area
TDM Fee Account for replacement of the vans operated by the
Contractor. Contractor will deposit into this account on a
quarterly basis that portion of payments received from vanpool
riders that represents depreciation expenses.
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11. Project, This Agreement implements in whole or in part the
TDM Program for the Pleasant Hill BART Station Area as
provided for under the Pleasant Hill BART State Area
Assessment District TDM Fee Account, and as more particularly
described in the "TDM Project Work Program, " attached hereto.
12. Changes to work Program. Any changes to the attached work
program shall be mutually agreed upon in writing by the
Director of Community Development and the contractor, and may
include reallocations of funds within the project budget to
reflect the revised work program.
13. Disputes. Disagreements between County and Contractor
concerning the meaning, requirements, or performance of' this
Contract shall be subject to final determination in writing by
the head of the County Department for which this Contract is
made or his designee or in accordance with the applicable .
procedures (if any) required by the State or Federal
Government.
14. Termination. County shall have the right to terminate this
Agreement, upon providing written notice to Contractor, for
failure to carry out the terms of this Agreement. Upon such
termination, Contractor shall, without delay, deliver to
County all materials and records prepared or obtained in the
performance of this Agreement, and shall be paid, without
duplication, all amounts due for the services rendered up to
the date of termination.
County shall implement the enforcement provisions of Article
532-2 . 10 of County Ordinance No. 92-31 prior to terminating
this Agreement pursuant to the above paragraph.
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14. signatures. These signatures attest the parties' agreement
hereto:
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR X
Tom Torlakson, Chair Robert Russell, President
Board of Supervisors Contra Costa Centre
Association
DATE:
OCT 5 193
DATE: ;f��z'
ATTEST: Phil Batchelor
County Clerk of the
Board of Supervisors BY:
and County Lynitte Tanner,
Admin'
strator Executive Director
Contra Costa Centre
BY: Association
De ty
DATE:
Recommends Deppartnent
BY: -
Harvey, E. Bragdon; Director
Community Development
Department
i
Form A roved: County Counsel
BY:
Deputy
ltrns/cm/CCG.bos
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ATTACMUMT a
TDX PROJECT WORK PROGRAM, 1993-94 ;
PLEASANT HILL BART STATION AREA
a. PROJECT DESCRIPTION
Operate and expand the Transportation Demand Management (TDM)
Program required as traffic mitigation for the Pleasant Hill
BART Station Area including implementing a vanpool program for
employees in the Pleasant Hill BART Station Area; providing an
on-site TDM Coordinator; establishing special
events/recognition awards activities; updating the TDM
Program; and conducting marketing for vanpooling, carpooling,
and other alternatives to single occupant vehicle commutes.
8. PROJECT GOALS
1. To achieve, as a minimum, an average vehicle ridership
(AVR) of 1.15 by July, 1994 in compliance with Regulation
13 , Rule 1 of the Bay Area Air Quality Management
District.
2. To comply with the provisions of TDM Ordinance No. 92-31
and to effectively use the TDM Fee Account established to
mitigate traffic impacts within the Pleasant Hill BART
Station Area.
C. PROJECT ACTIVITIES
Project activities include retention of a part-time on-site
TDM coordinator with clerical assistance to carry out the
Contra Costa Centre Association's Transportation Demand
Management Program (TDM) , including .but not limited to the
following:
TDM information and promotion program
assistance in forming carpools
- vanpool program marketing
- vanpool operations and maintenance
TDM events at employment sites
- annual employee survey
- update Contra Costa Centre Association TDM Program
In addition, as directed by the Board of Supervisors,
Contractor shall include in its annual report for 1994, a
report on new strategies expected to increase the use of
transit and other alternatives to driving alone beyond the
current level of performance.
D. QUARTERLY REPORTS
Contractor shall submit quarterly reports to the County on the
status of funds expended, balances remaining, and a brief
narrative of the project/activity status as required in Item
6 of the Project Agreement. Reports shall be submitted 20
days following the end of each calendar quarter.
E. PERFORMANCE STANDARDS
Contractor will attain an average vehicle ridership of 1.15
among Contra Costa Centre Association member employees within
the Pleasant Hill BART Station Area by July, 1994 . Contractor
will submit quarterly financial reports.
F. PROJECT ADMINISTRATION
The Pleasant Hill BART Station Area TDM Program will be
administered by Lynette Tanner, Executive Director for the
Contra Costa Centre Association, and implemented by Linda
Young, TDM Coordinator for the Contra Costa Centre
Association.
Monitoring will be performed by the County TDM Coordinator.
A financial audit may be requested and performed under the
direction of the County.
G. PROJECT BUDGET
The project budget appears in Exhibit A.
EXHIBIT A
FY 1993-94 Budget
Contra Costa Centre TDM Program
1993-94 Budget figures were determined from the year-to-date expenses(third quarter) of the
TDM Program.
Estimated
Item ExRense
Salaries S39,235.00
Exec. Director 616 hrs. @ 21.41 = 13,188.56
TDM Coord. 1,248 hrs. @ 15.87= 19,805,76
Clerical 520 hrs. @ 12.00= 6,240.00
Overhead S24,719,00
(5.63 of salaries)
Retirement Account S 1,981.00
TDM Coord. 10% of 19,805.76
Payroll Taxes S 3,043.00
TDM Program Marketing S 25,700.00'
Newsletter/flyers/printing 9,000
Guaranteed Ride Home 5,000
Driver/Rider Incentive 1,500
Program Promotion Exp.* 4,500
Marketing Incentives" 4,500
Survey Promotion 1,200
TDM Program Contingency $ 5,000.00
Employer Matching GranrProgram *'' S 75,000.00
0
, V,
Page 2
FY 1993-94
Contra Costa Centre TDM Program
RIDES Consulting S 3,000.00
Annual Commute Survey Analysis
TDM Events $ 7,000.00
On-site events at each building
Shuttle Operations& Marketing $ 70,000.00
Vanpool Maintenance& Operations (8 vans) $ 50,000.00
Fuel
Insurance
Maintenance
Tires
Financial Services S 2.500.00
TOTAL ESTIMATED EXPENSES FOR THE CONTRA COSTA 5307,178.00
CENTRE TDM PROGRAM - FY 1993-94
Less 1992-93 Program Carry-over $ 24.949 00
FY 1993-94 AGREEMENT TOTAL $282,229.00
(1) County will transfer $16,000.00 from the assessment district to the
fixed asset reserve account for vanpool depreciation expenses.
(2) County will be authorized to charge the assessment district account
up to 520,000 for County Staff time and Annual Program Audit.
•Includes an increase for attendance at conference/seminars.
"Includes an increase for promotion program to carpools
***We are requesting a $75,000.00 matching grant from Caltrans for the 1680/24 interchange
construction mitigation program. This matching grant would provide on-site kiosks with
bonded staff to sellhigh-volume transit tickets. This is a one-year grant, the expenditure
of the funds is conditional upon the Caltrans approval of the Contra.Costa Centre grant
request.