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HomeMy WebLinkAboutMINUTES - 10101995 - C42 Contra TO: BOARD OF SUPERVISORS Costa FROM: TRANSPORTATION COMMITTEE County DATE: October 2, 1995 SUBJECT: Extend Agreement with the Contra Costa Centre Association for the 1994-95 TDM program at the Pleasant Hill BART Station area SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve and authorize the Chair of the Board of Supervisors to sign a three-month extension to an agreement with the Contra Costa Centre Association to manage the Transportation Demand Management (TDM) program for the Pleasant Hill BART Station Area during 1994-95. Authorize the expenditure of an additional $40,000 from the Pleasant Hill BART Station Area TDM Fee Account for this period. Request County Counsel to advise on the effect that the passage of Senate Bill 37 will have on the TDM program at the Pleasant Hill BART Station Area. FISCAL IMPACT None to County general funds. The Pleasant Hill BART Station Area TDM Program is funded by the Pleasant Hill BART Station Area TDM Fee Account, which was established in 1983 by a voluntary assessment of the property owners. BACKGROUND/REASONS FOR RECOMMENDATIONS Each year since 1990, the County has entered into an agreement with the Contra Costa Centre Association to manage a Transportation Demand Management (TDM) program for the Pleasant Hill BART station area. This program is intended to encourage station area employees to use alternative modes of transportation in order to mitigate the traffic impacts resulting from the develoment of the area. The current agreement expired on September 30, 1995. On September 15, the State Legislature passed and sent to the Governor Senate Bill 437, which prohibits local agencies from requiring employer trip reduction programs. If signed by the Governor, this bill would require the Bay Area Air Quality Management District to rescind its Regulation 13, Trip Reduction Requirements for Large Employers, and local jurisdictions to amend or rescind local trip reduction ordinances which were adopted to implement Measure C, Congestion Management Program CONTINUED ON ATTACHMENT: X YES SIGNATURE _ RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER low l�soj- SIGNATURE(S): Je f S th Tom Torlakson ACTION OF BOARD ON /v APPROVED AS RECOMMENDED OTHER i VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A — UNANIMOUS (ABSENT 77L 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. Orig Dept: Community Development ATTESTED /0-/0-1995 Contact: Ernest Vovakis, 646-2355 PHIL BATCHELOR, CLERK OF cc: Contra Costa Centre Assn. (via CDD) THE BOARD OF SUPERVISORS Val Alexeeff, GMEDA AND COUNTY ADMINISTRATOR Jim Kennedy, Redev. Agency BY , DEPUTY Vic Westman, County Counsel Ay, -� Anrtual Report for Pleasant Hill BART October, 2, 1995 Page 2 requirements and Regulation 13. It is not clear if the bill also prohibits local agencies from requiring trip reduction programs as conditions of development approval and if the bill retroactively applies to existing developer conditions of approval. The Transportation Committee recommends that County Counsel be requested to advise on this issue (if the Governor signs the bill). As a result of these uncertainties facing the TDM program at the Pleasant Hill BART Station Area, the Transportation Committee recommends that the current agreement be extended for three months pending resolution of these issues to be funded by the Pleasant Hill BART Station Area TDM Fee Account in the amount of $65,000, of which $25,000 would be unexpended funds from the 1994-95 agreement and $40,000 would be a new allocation of TDM Fee Account funds. The annual report of the Contra Costa Centre Association for the TDM program for 1994-95 will be presented to the Board in a separate report in the near future. Contra Costa County SHORTFORM SERVICE Number # C33445-00 Standard Form (6/95) CONTRACT AMENDMENT/E%TENSION Fund/Org # 3696-2310 AGREEMENT Account # Other # 1. Identification of Contract to be Amended Number: C33445-00 Effective Date: October 1, 1994 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 (County) for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: CONTRA COSTA CENTRE ASSOCIATION Capacity: TDM Program Manager Taxpayer ID # 68-0074238 Address: 1350 Treat Boulevard, Suite 180 Walnut Creek, CA 94596 3. Amendment Date. The effective date of this Contract Amendment is September 30, 1995. 4. Amendment Specifications. The Contract identified above is hereby amended as set forth in the "Amendment Specifications" attached hereto which are incorporated herein by reference. 5. Extension of Term. The term of the above described Contract between the parties hereto is hereby extended from September 30, 1995 to December 31, 1995, unless sooner terminated as provided in said contract. 6. Payment Limit Increase. The payment limit of the above described Contract between the parties hereto is hereby increased by $40,000.00, from $294,558.00 to a new total Contract Payment Limit of $334,558.00. 7. Signatures: These signatures attest the parties' agreement hereto. COUNTY OF CONTRA COSTA CALIFORNIA BOO SUP R IS S ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator 7 By ha rman/Designee Deputy CONTRACTOR By (Designate business capacity A) (Designate business capacity B) Note to Contractor: For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on page two. dwj\a\:CCCA.amd [FORM APPROVED BY COUNTY COUNSEL] C33445-00 AMENDMENT SPECIFICATIONS 1. Increase the contract amount by an additional $40,000.00, raising the payment limit to $334,558.00. 2. Revise Paragraph Four (Payment Schedule) as follows: October 20, 1994 Advance Payment of $75,000.00 February 20, 1995 Reimbursement for October 1 - December 31 May 22, 1995 Reimbursement for January 1 - March 31 August 21, 1995 Reimbursement for April 1 - June 30 November 20, 1995 Reimbursement for July 1 - September 30 February 20, 1996 Final Payment for 1994 - 1995 Agreement 3. Extend the contract term from September 30, 1995 through December 31, 1995. 4. All other terms and conditions specified in the contract remain the same. dwj\a:\LCCA-a.amd