HomeMy WebLinkAboutMINUTES - 11181986 - 2.7 TO: BOARD OF SUPERVISORS
FROM: HARVEY E_ BRAGDON, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: November 18, 1986
SUBJECT: Transportation Systems Management (TSM) - Report (Part I )
Work Plan
Specific Request(s) or Recommendation(s) 6 Background 6 Justification
REC P002MTION
1. Approve the work plan indicating efforts and tasks.
2. Direct the Community Development Department to develop a work program and
evaluate staff requirements for implementing the work program.
3. Approve the recommendations in Part II of the report regarding the use of
County vehicles for employees commute pools.
FINANCIAL Ti�-ACT
The work plan represents an increased commitment to TSM that cannot be accom-
plished without a commensurate increase in County resource. The Community
Development Department has budgeted over 1900 hours of staff time to TSM
activities in fiscal year 1986-87. As of October 31, 25% of this staff time has
been used. If the Board approves the work plan, staff will prepare a detailed
work program and staffing requirements. These findings will be reported back to
the Board. Augmentation to the Department's budget will depend on the time frame
for accomplishing certain tasks.
REASONS FOR RECOMMENDATION/BACKGROUND
To meet the challenge of the rising traffic tides during the peak hours, the
Board of Supervisors adopted a policy to promote Transportation System.Management
(TSM) techniques with a view to improve traffic conditions during the peak hours
without capital intensive improvements.
In June 1986, on direction from the Board, the Community Development Department
initiated a major effort to develop TSM plans and programs. The main focus of
the countywide effort is to minimize the number of motor-vehicle trips during the
peak hours, to reduce the peak hour rush by spreading the peak over longer
periods, to minimize the parking demand around the County offices and to minimize
the need and length of the trips.
Continued on attachment: X Yes Signature:
_ Recommendation of County Administrator _ Recommendation of Board Committee
Approve Other:
Signature(s):
Action of Board on:' N6vember 18, 1986' Approved as Recommended Other X
APPROVED recommendations of the Community Development Director relative to a
TSM Workplan, with the exception of Part II relating to' the use of County vehicles
for employee coruauto pools.
APPROVED in concept proposal to use County vehicles for employee commute pools
and CONTINUED to December 2, 1986 for final approval. Supervisor Schroder ABSTAINED
because he wished to have more information on costs, insurance, etc.
Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
_ Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE
Ayes: II,IV,V,T ;Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain: III
Attested /8, lue,
Orig.Div.: CDD T/P PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
cc: Community Development AND ADMINISTRATOR
County P,dministrator
PUTY CLERK
II ,
/1 Since our report to the Board on July 22, 1986, further progress on TSM plans is
as follows:
A. A working paper on TSM for Contra Costa County was prepared in August '86
and presented to Contra Costa Transportation Advisory Committee (CCTAC) ,
Urban Systems Technical Advisory Committee (USTAC) , Board of Supervisors and
the Mayor's Conference. The Mayor's Conference is expected to respond to
the Working Paper on TSM at their next meeting in December 1986. Other
committees and the Board of Supervisors endorsed the paper.
B. Work on identification of the County employees' office locations and their
respective residential areas by postal zip code was completed in September
1986. Analysis of this data is currently in progress.
C. Use of County vehicles for employees' commute pools was approved by the
Board in concept. Several issues with respect to liability, legality and
cost reimbursement have been resolved. Part II of this report is on "The
Use. of County Vehicles for Employees' Commute Pools".
D. A tentative TSM work plan has been developed to achieve the objectives
indicated in the TSM Model Ordinance presented.to the Board on October 21,
1986.
E. A survey of public schools and colleges is under way to determine if the
mode and time of arrivals can be modified, to reduce peak hour congestion.
F. Pleasant Hill BART Station Area TSM ordinance was adopted on June 24, 1986.
In response to the ordinance TSM programs submitted by complex sponsors and
- employers are now under review.
G. As a follow-up .of the Dimmick Lawsuit settlement agreement, the Contra Costa
TSM Committee is being established to assist the County staff in promoting
the establishment of TSM ordinance in various parts of. the County.
H. The Model TSM ordinance was. endorsed by the Board of Supervisors on October
21, 1986. In accordance with the direction from the Board, comments are
being solicited to modify the ordinance for adoption and implementation in
the unincorporated areas outside the Pleasant Hill BART Station Area.
.For more detailed description of items F, G and H, see attachment to the
report.
The work plan to promote several TSM efforts is indicated below. Staff
requirements will be evaluated after approval of the Board on the proposed
efforts and tasks.
1. EFFORT: Develop and Analyze Data Base
Tasks
1.1 Develop data base on employees' work locations with their
respective residential zip codes..
1.2 Develop data base on current commute modes, needs, work hours and
flexibility.
1.3 Evaluate current commute patterns by traffic surveys and sampling
techniques.
1.4 Analyze the data to formulate priorities, to maximize
effectiveness of TSM program and make comparative analyses of
conditions at various stages of the TSM program.
2. EFFORT: Encourage Ridesharing
Tasks
2.1 Arrange meetings of employees with common work locations and
common residential neighborhoods.
2.2 Provide ride-matching service on an on-going basis.
2.3 Issue parking permits for carpool lot(s) and reserve another lot
if necessary.
2.4 Test feasibility of custom commute.
2.5 Develop flex-pools (hitch-hike pools) wherever needed by making
use of Park and Ride lots and other suitable locations.
2.6 Provide and encourage the use of County vehicles for employees'
commute pools.
2.7 Establish cooperative matching efforts with RIDES organization.
2.8 Work with Caltrans and local agencies to develop a countywide
commuter lane network.
2.9 Reduce the number of commuting employees'..%single-occupant vehicles
by 75 in one year and - then in accordance with the objectives
indicated `in the TSM Model ordinance.
3. EFFORT: Reduce Peak Rush by Longer Spread
Tasks
3.1 Develop and implement a staggered/flex work hours plan, as
appropriate, in consultation with the department heads.
3.2 Develop and implement plans for 9-80 work weeks, with 9 am - 3 pm
core hours, in consultation with the department heads and
collective bargaining units. Start with the Community Development
Department as a test case.
3.3 Assist department heads to develop policies to discourage starting
or ending interoffice meetings and whenever possible, interagency.
meetings, during peak hours.. ,
4. EFFORT: Minimize Parking Needs in the Martinez Civic Center Area
Tasks
4.1 Evaluate parking supply/demand situation for the Martinez Civic
Center area by a study jointly sponsored by the County, the City
of Martinez and the Community College District.
4.2 Determine availability and financial feasibility of use of Marina
Park parking during business hours.
4.3 Undertake a feasibility analysis for providing a shuttle service
for the Martinez residents driving to work and for the jurors who
may be assigned reserved parking across the railroad tracks.
4.4 Evaluate the possibility of using consenting employees' cars for
County use during the office hours by paying reasonable charges to
the car owners.
5. EFFORT: Encourage Bike Riding
Tasks
5.1 Develop an inventory of bike paths/lanes/routes between
residential areas, work locations and transit stops.
5.2 Identify critical missing links in bike paths/lanes and pursue
means for developing contiguous bike paths/lanes between the
points of origin/destination and transit stations/stops.
5.3 Encourage Park'N Lock facilities for bikes at transit stations,
work locations, and residential areas (apartments, condos,
townhouses) .
5.4 Analyze feasibility of building covered bike paths on critical
linkages with a high potential for bike riders all through the
year.
5.5 Develop plans for bike zones where bike travel may be faster and
more attractive than car travel.
5.6 Improve bike paths/lanes for better and safer ride.
5.7 Improve intersection design and signals for safer and more
efficient bike traffic operations.
6: EFFORT: Encourage Walking
Tasks
6.1 Develop pedestrian zones in urban areas within which tall
buildings may be interconnected at the third level.
6.2 Develop covered walkways connecting busy transit stops with major
activity. centers (MACS) within walking distance.
7. EFFORT: Encourage Transit Riding
Tasks
7.1 Evaluate the available existing transit services with respect to
the employees' needs.
7.2 Analyze opportunities to provide additional transit services for
the employees.
7.3 Make concessional monthly transit tickets and service schedules
available to employees at offices and other convenient locations.
7.4 Encourage developments in areas serviced by transit.
7.5 Work with transit districts to support development plans for
transit lanes and signals favorable to transit vehicles.
7.6 Encourage developing BART carpools and shuttle service between
BART stations and major activity centers.
7.7 Encourage development of convenient and weather-protected transit
stops.
8. EFFORT: Encourage Development of Transportation System Linkages
Tasks
8.1 Evaluate the need to increase people-carrying capacity between
certain points of origin and destination.
8.2 Evaluate the existing and potential people-carrying capacity of
the various transportation facilities and modes in service.
8.3 Assist the development of strong linkages between various
transportation modes and facilities on a Countywide basis
to increase the people-carrying capacity of the transportation
system.
8.4 Support the development of intermodal stations or passenger
transfer facilities with comfortable and weather-protected waiting
areas.
8.5 Assist cities and transit districts in developing local Park'N
Ride facilities.
J
9. EFFORT: Reduce Trip Length and Need
Tasks
9.1 Review land development policies and plans.
9.2 Develop policies and plans that would encourage closer development
of employment centers and residential areas.
9.3 Explore means and incentives for people to move closer to their
jobs.
10. EFFORT: Develop Intergovernmental coordination and cooperation
Tasks
10.1 Establish and maintain a liaison with transportation operators in
Contra' Costa County and coordinate their efforts.
10.2 Evaluate obstacles in the way of developing joint TSM plans and
programs and develop means, policies and procedures to eliminate
the obstacles.
10.3 Develop joint TSM plans and programs.
10.4 In consultation with the School/College Districts in the County
develop and implement plans for staggered class hours wherever
desirable and possible.
10.5 Analyze the feasibility of developing shuttle service between
certain points and the schools/colleges to minimize the number of
vehicle trips on congested roads.
11. EFFORT: Initiate and Follow Op Action to Develop Favorable Legislation
at the State and Federal Level
Tasks
11.1 Identify legal and insurance problems not favoring TSM plan and
programs.
11.2 Identify incentives that may be offered through favorable tax and
insurance laws to encourage development and implementation of TSM
plans and programs.
12. EFFORT: Persuade State and Federal Governments to Allocate Funds For
TSM Plans and Programs
Tasks
12.1 Evaluate current sources and conditions to qualify for funds.
12.2 Develop justification for Federal and State funding for
developing and implementing TSM plans and programs.
13. EFFORT: Perform TSM Coordination Functions
Tasks
13.1 Work with developers of the Pleasant Hill BART Station Area to
implement the TSM ordinance for the area adopted by the Board of
Supervisors on June 24, 1986.
13.2 Follow up the Agreement on Dimmick lawsuit and make use of the
available funds to implement the TSM program in accordance with
the agreement.
13.3 Develop TSM plans and programs to meet the objectives indicated
in the recently developed TSM Model Ordinance and presented to
the Board of Supervisors on October 21, 1986.
14. EFFORT: Marketing of TSM Plans and Program
Tasks
14.1 Publicize TSM plans, programs and progress through County
employees newsletter. `
14.2 Hold educational seminars.
14.3 Organize group meetings and Seminars to invite innovative ideas.
14.4 Encourage the general public and other employers/employees
through newspapers and local media to support and participate in
TSM programs.
14.5 Continuously develop and advertise TSM incentive plans and
programs.
NOTE: Marketing effort will be the most significant part of the TSM work
program.
15. EFFORT: Present Periodic Reports to the..Board of Supervisors
Task
15.1 Present monthly progress reports to the Board to give information
and seek authorization and direction whenever necessary.
CONSEQUENCES OF NEGATIVE ACTION
TSM offers an opportunity to implement cost effective solutions to the County's
transportation and air pollution problems. The proposed work plan is intended to
demonstrate the effectiveness of TSM as a tool to more effectively utilize the
transportation network.
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• ATTACHMENT TO THE TSM WORK PLAN REPORT - (PART I)
November 18, 1986
INTER-RELATIONSHIP OF THE VARIOUS
TSM PROGRAMS & TRANSPORTATION COMMITTEES
AND THE
GENERAL PLAN UPDATE
PLEASANT HILL TSM PARTNERSHIP CONTRA COSTA TRANSPA_C__
SPECIFIC PLAN, COUNTY TSM (6 IN 1 STUDY)
COMMITTEE LAND USE AND
TRANSPORTATION
STUDIES
PLEASANT HILL MODEL ORDINANCE MODEL ORD'INANCE MODEL ORDINANCE
ORDINANCE (COUNTY) PRESENTED TO
TRANSPAC 10/29
MEETING
COUNTY COUNTY
TSM COORDINATOR TSM COORDINATOR
TSM ADVISORY COMM CENTRAL COUNTY
(APPEALS ONLY) LAND USE AND
TRANSPORTATION
ISSUES
TSM PLAN REVIEW/ 80K
APPROVAL COMMER-
CIAL/RESIDENTIAL
TSM FOR COUNTY PRIVATE SECTOR
EMPLOYEES TRANSPORTATION
COORDINATORS
GENERAL PLAN
UPDATE
RC:dsp(10.7.86)
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TSM ORDINANCE ACTIVITIES
PLEASANT HILL BART STATION- AREA TSM ORDINANCE
In June of this year the County enacted a TSM' ordinance for the unincorporated area
adjacent to the Pleasant Hill BART station. The ordinance requires the implementation
of TSM programs by existing and future development. The objective of these programs
is to limit the percentage of employees that drive alone to work.
All existing employers and office complexes, except for Hookston Square complex, have
submitted a joint TSM program through the Contra Costa Centre Association. The
Hookston Square sponsor (owner) and the employers located in that complex are
submitting their own TSM programs. Staff is helping developers prepare TSM programs
for several planned residential complexes.
The ordinance requires the Director of Community Development, through an appointed TSM
Coordinator, to review and approve all TSM Programs, assist employers and complex
sponsor in compliance efforts, monitor progress and report on this progress to the
Board of Supervisors. A TSM Advisory Committee is to be appointed by the Board to
assist and monitor the activities of the TSM Coordinator, and to advise the Board and
disputes between the TSM Coordinator and employers/complex sponsors.
During this first year of implementation, county staff is concentrating on informing
employers and complex sponsor of the: ordinance requirements, educating these parties
on developing the resources for effective TSM programs, and establishing base date in
the commute pattern of workers and residents in the Pleasant Hill BART station area.
Objective
Assist employers, business complexes, and residential projects in developing and
implementing effective TSM Programs.
Tasks
1. Appoint representatives to the TSM Advisory Committee and activate the Committee.
2. Develop rules, regulations, forms, guidelines, and procedures for the submittal `
of transportation surveys, annual reports, and TSM Programs.
3. Review and approve TSM Programs.
4. Conduct seminars for employers and complex sponsors on the techniques for
developing effective TSM programs.
5. Review the findings of annual transportation surveys and TSM reports, and prepare
an annual progress report to the TSM Advisory Committee and the Board of
Supervisors.
6. Develop and recommend proposals for cooperative actions with neighboring cities.
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MODEL TSM ORDINANCE
In October, the Board of Supervisors endorsed ,a model TSm ordinance developed by CCTAC
in conjunction with the TSM Partnership. The model format provides the basic
components of a TSM ordinance which local jurisdictions can use in developing their
own TSM ordinance. The ordinance is similar to that enacted in the Pleasant Hill BART
station area and provides the opportunity for some standardization in the TSM
requirements of neighboring cities.
The Board has directed staff to gather input .that can be used to modify the model
ordinance for implementation in the unincorporated areas outside the Pleasant Hill
BART station area. The ordinance is to be reviewed jointly with interested cities,
where possible, so that the County's ordinance will be compatible with adjacent
jurisdictions. This activity is consistent with the conditions of the settlement
agreement for the lawsuit filed by E. A. Dimmick against the County and several
developers of projects in the Pleasant Hill BART station area. That agreement
establishes the Contra Costa TSM Committee, which is composed of representatives of
the plaintiffs, the Sierra Club, and Citizens for a Better Contra Costa, and provides
the Committee with $80,000 to promote the adoption of TSM ordinances in the county.
Staff has also been directed to encourage adjacent counties and regional agencies to
review the model TSM ordinance. This activity is consistent with the goals of the TSM
Partnership which is comprised of local and regional organizations that represent
public and private interests advocating the use of TSM strategies to help reduce
traffic congestion.
objective
Revise the model TSM ordinance for adoption by the County, and promote the review and
adoption of TSM ordinances by neighboring jurisdictions.
Tasks .
1. Convene the Contra Costa TSM Committee to assist the County
in the following activities:
1.1 Prepare an information packet on the model TSM ordinance for distribution to .
interested individuals and groups.
1.2 Identify the names and locations of businesses that may be subject to the
TSM ordinance requirements.
1.3 Sponsor public forums for review of the model TSM ordinance to gather
comments for the preparation of the final draft TSM ordinances for the
County and the cities.
1.4 Make presentations to interested business groups and labor organizations on
the model TSM ordinance.
2. In conjunction with CCTAC and the TSM Partnership, transmit the model TSM
ordinance and other informational materials to public and private sector
organizations in the Bay Area.
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TSM ORDINANCE FOR .THE UNINCORPORATED AREA OUTSIDE THE PLEASANT HILL BART STATION AREA
A draft TSM ordinance for the unincorporated area outside the Pleasant Hill BART
station area will be submitted to the Board of Supervisors for adoption in early 1987.
In the interim, the Board has directed staff to require all new development to prepare
and implement TSM programs as a condition of approval.
It is anticipated that the adopted ordinance will contain requirements similar to the
model TSM ordinance and that the ordinance will be implemented unilaterally by the
County. Recognizing the geographic characteristics of the employment centers in the
unincorporated area, one TSM Advisory Committee would be created to cover the
industries along the county's western and northern perimeter, and one TSM Advisory
Committee would be formed to cover the south-central business complexes. The
ordinance would not affect existing development for 12 months after its adoption,
allowing staff to concentrate its activities on assisting new development in
compliance efforts and orienting existing employers and complexes to the ordinance
requirements. The objective and tasks would be similar to those described for the
Pleasant Hill BART station area TSM ordinance.
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TO: BOARD OF SUPERVISORS
FROM: HARVEY E. BRAGDON, DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: November 18, 1986
SUBJECT: Transportation System Management (TSM) - Report (Part II)
Use of County Vehicles for Employees Commute Pools
Specific Request(s) or Recommendation(s) & Background & Justification
RECOMMENDATION
1. Approve the use of county vehicles for employees commute pools for the
charges proposed in the report.
2. Allow the use of county vehicles for commute pools for employees residing
outside the county limits.
3'. Authorize the General Services Department to make County vehicles available
for employees commute pools, without hindering normaloperations, on a
reimbursement basis in accordance with the monthly charges recommended in
the report.
4. Authorize the Community Development Department to promote an employees
commute pools program and report evaluation after six months.
FINANCIAL IMPACT
The county employees' commute pools ..program includes a 20% discount in cost
reimbursement from the participants as an incentive measure to encourage county
employees for commute pools. The cost to the county on the average will not
exceed $35.00/month per commute pool.
REASONS FOR RECOMMENDATION/BACKGROUND
In June 1986, a major effort to develop and implement a Transportation System
Management (TSM) program was initiated. On July 22, 1986, on recommendation of
the Community Development Department, the Board approved, in principle, the use
of county vehicles for employees commute pools for reasonable charges.
Several public agencies have been contacted since then with a view to gain
benefit of their experience in allowing the use of official vehicles, for
employees' commute pools. It .was 'found that Caltrans has allowed the use of
official vehicles for employees commute pools program for over ten years on
reimbursement basis.
At our request, Al Cox and Charles Smith of Caltrans, who are directly
responsible for administering the program, visited us on October 29, 1986 and
made a presentation of their program. Besides the county staff, Supervisor
Fanden also attended the presentation. -
Continued on attachment: X Yes Signature: /l.�(2lJW laij
_ Recommendation of County Administrator _ Recommendation of Board Committee
Approve Other:
Signature(s) :
Action of Board on: Approved as Recommended Other_
Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain:
Attested
Orig.Div. : CDD.T/P (SOCoVeh.tll) PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
cc: County Counsel AND COUNTY ADMINISTRATOR
General Services Dept.
Risk Management - Personnel Dept. By
DEPUTY CLERK
r
In Caltrans District 4, 19 carpools and 12 vanpools are serving over 270 state
employees in the San Francisco Bay Area. The Caltrans vehicles for
carpools/vanpools are used for office business during the working hours and
stored at employees' residences overnight and on weekends.
During fiscal year 1984-85, Caltrans employees commute pools program in District
4 caused a reduction of 3,023,865 vehicle miles of travel, conserved 194,200
gallons of gas, reduced air pollution by 206,000 lbs. of pollutants and reduced
parking needs for 234 spaces. At the same time, the participating employees
saved $629,600.
Considering the success of Caltrans' program, it appears that a similar program
in our county should also be successful.
Legal and risk management issues involving the proposed use of county vehicles
for employees' commute pools have been resolved. Copies of memos from the County
Counsel's. office;-.and-'Risk Management Division are attached.
In consultation with the General Services Department and the Risk Management
Division,. actual cost, including insurance, for using the county vehicles, nine
1978 Ford Pinto vehicles and five 1978 Ford Fairmont vehicles, has been computed.
The cost figures are:
Distance between employee's
Zone residence and the office Cost per month/vah.
1. 15 - 20 miles $136.00
2. 20 - 25 miles $168.00
3. 25 - 30 miles $200.00
4. 30 - 35 miles $230.00
5. 35 - 40 miles $262.00
It may be- noted that the county employees' commute pools program will:
Be Beneficial to the general public in terms of reduced air pollution,
reduced noise and conservation of energy;
Minimize congestion, accidents, road widening needs, parking needs and
maintenance needs of transportation facilities; and
Contribute towards improving the general flow of traffic and savings in
travel time for all commuters.
In view of the above benefits to the society at large and considering the fact
that the county vehicles to be used for the -program are old and not equipped
with air conditioning or radio, some incentive to encourage participation of
county employees in the program seems essential.
A 20% reduction in charges is recommended as an incentive. Based on charges
reduced by 20%, monthly charge per person for each zone is recommended as
follows:
Monthly Charge per Person
Residential Zone (one- Four - Three - Two -
way distance from office) Person Pool Person Pool Person Pool
I. 15 - 20 miles $ 27.00 $ 36.00 $ 55.00
II. 20 - 25 miles 34.00 45.00 67.00
III. 25 - 30 miles 40.00 53.00 80.00
IV. 30 - 35 miles 46.00 61.00 92.00
V. 35 - 40 miles 52.00 70.00 105.00
Since a large number of county employees reside outside the county, it is
requested that they may also be allowed to use county vehicles for the purpose of
employees' commute pools.
4- ��
CONSEQUENCES OF NEGATIVE ACTION
Transportation System Management (TSM) offers cost effective solutions to the
county's transportation and air pollution problems. The proposal of the
employees' commute pools in county vehicles constitutes a significant element of
TSM.
TSK:dsp(BOCoVeh.tll)
11.7.86
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COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA RECEIVED
Date: July 31, 1986
JUL 3 1 1986
Toi Community Development Department TRANS pM
Attn: Barbara Neus dter , Deputy Director
From: Victor J. 01
n, ol ty Counsel
By: E. e, County Counsel
V VO
Re: Idol
in ty
Car/Van ol in unty vehicles
In response to your mem'orandum of July 10, 1986 regarding car pools using
County vehicles, we have found .no express authority permitting the County to
allow County employees to use County vehicles as commute vehicles. In general
counties have only the authority granted to them by the California Constitution
or by statute. Government Code 526002 authorizes the County to "layout, main-
tain, control,. . ." public transportation. In our opinion No. 74-33A, (copy
attached) we opined that 526002 allowed the County to provide bus transportation
for County employees. We see no legal difference in providing bus transpor-
tatibn or allowing the use of County vehicles for commute purposes.
Also, given the County's wide latitude in providing employee benefits, we
see no reason why it cannot authorize the use of County vehicles for commute
purposes, with or without compensation, as a term or condition of employment but
if provided to represented employees, the County must give notice and meet and
confer if requested with employee organizations before implementation. Allowing
the case of County vehicles for commute purposes could be a benefit taxable to
the employees to the extent it reduces their commute costs unless they reimburse
the County an equivalent sum. The documents submitted mention that the City Of
Concord has provided for car pools using City vehicles. The Concord City
Attorney told us that he has not looked into the legality of the plan, but that
because of Internal Revenue Service regulations attributing income to the
employee of $3.00 per day for use of vehicles, the. program was no longer in
significant, if any, use.
The program has significant implications with respect to liability and
worker's compensation exposure that are not discussed herein. We assume that
the Risk Manager will advise you or has advised you with respect to these
matters.
EVL:Is
cc: Joe Tonda , Risk Manager
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OFFICE OF, COUNTY ADMINISTRATOR
CONTRA COSTA COUNTY
Administration Building
Martinez, California
To: T. S. Khanna, Date: November 3, 1986
Transportation Planning Division
Sandra Van Slyke,V County Cars/Van Pools
From: Sr . Insurance Analyst Subject: Insurance
Automobile Liability
In an effort to assist you in the development of a very
attractive employee car pool rate, Risk Management will assess a
reasonable liability insurance charge which will be paid for by
each participant of the car pool. The charge will be credited to
the County' s self-insurance automobile liability trust fund and
members will receive the same insurance coverages the County has
under this self-insurance program.
This automobile liability insurance will protect the
participants against third party: liability and County vehicles
against physical damage.
The insurance will be charged as a flat fee on a monthly
basis. The annual charge is $400 for liability plus an average .
of $36 for physical damage per vehicle. The monthly charges will
be $22 for liability and $1 for physical damage per vehicle.
Workers ' Compensation Exposure
The thrust of the car pool program is to provide vehicle
only and no costs associated with the operation of the program.
A workers' compensation exposure does not exist.. It is important
to clarify the County' s position on workers ' compensation. The
car pool program is intended to be a voluntary program for the
purpose of commuting to and from work. During this commute and
while the vehicle is in the possession of the participant, the
car pool participants will not be considered County employees
acting in the course of County business. It is to be clearly
defined in the car pool contract that no car pool participant
shall use the vehicle during commute time to conduct County
business of any kind.
The County will not recognize or accept any potential
workers ' compensation claims that may arise from any injury
connected with or resulting from the use of a vehicle in
connection with the County employee van pool program.
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April 10,
1974
1'. Mcbrienp County Adminirtr,%tol.
John B. Clausen, County Counsel
BY: Victor J. Westmanp Assintnnt County Counsel
Proposed buses for County employeer,
This Is in reply to Your memorandum of 1.1arch 28, 1974 # concerning
the above-entitled matter in which ou.r office is asked the following
questions :
I. Can the County legally contract for a subscription bus ser-
vice for county employees which is wholly Paid for by the
employees?
2. Can the County legally contract fora subscription bus ser-
vice for county employees which is partially subsidized by the
County?
3. Can the County legally operate a subscription bus system in
conjunction with the Federal Government
(Naval Weapons Station and
Veterans Hospital) and/or a private employer (Shell 011,
etc. )? U.S. Steel,
As a generality , our answer to all of the foregoing questions is yes .
Authority for the County
to provide passenger transportation services
Z which provides
and facilities is found in Government Code §26002 whin
part, as follows: #
"26002. Unless otherwise
provided by law, the board
(County Board of Supervisors) may lay out , maintain
controls constructs repair, and manage public
ferries , . . .other shipping facilities, and passenger
transportation facilities within the county and may
cooperate with any city in so doing. . ."
We must caution you that any specific transportation arrangement
when proposed may present problems requiring further consideration.
For examples the implementation of the proposals outlined in Question
1 and 2 above may involve matters which are subject to the "meet
1� and confer process".
In connection with Question 110. 3. as You are aware under the Joint
Exercise of Powers Act (Gov. C. §96500 et seq. ) , it is not possible
for the County to enter a .Joint Exercise of Powers Agreement with a
private party .
We assume when you make reference to private parties
in Question 110. 3, you are considering an arrangement where, should
the County be operating a passenger transportation system, it would
;Z: consider entering some sort of group rate or other fee arrangement
with a private employer as to his employees. Any ouch fee arrange-
ment with a private employer would, Of course, have to be done in a
manner which would not amount to a gift
of public funds . In this
connection a problem may be created if the system 13 opened to a
limited portion of the public (as distinguished from just County
employees) and denied others .
Until the speciric details of a Propooed pa:-,sen[-.rr transpoistatio-n
arrangement have been developed , it is not Possible at this point to
anticipate 411at; ;):articular legal PrOhl('ms souls'_ be Pro:,cnted by that
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