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HomeMy WebLinkAboutMINUTES - 06211994 - TC.2 r. TG , 2 _ . TO: BOARD OF SUPERVISORS Contra`t' FROM: TRANSPORTATION COMMITTEE _ County DATE: June 13 , 1994 SUBJECT: Approve Delegation Plan for Implementation of BAAQMD Trip Reduction Rule SPECIFIC REQUEST(S) OR ,RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION i RECOMMENDATIONS ; Approve a delegation plan (Exhibit A) demonstrating the County' s ability to implement the Bay Area Air Quality Management District' s Regulation 13 , Trip Reduction Requirements for Large Employers and authorize the Community Development Director to submit the plan to the District for review and approval. FISCAL IMPACT None directly. : The requirements of Regulation 13 will be implemented by the four regional transportation planning committees, which have received grant funds from AB 434 to administer transportation demand management (TDM) programs within their regions. BACKGROUND/REASONS FOR RECOMMENDATIONS On December 16, 1992 , the Bay Area Air Quality Management District adopted Regulation 13 , Rule 1, Trip Reduction Requirements for Large Employers1 This rule requires employers of 100 of more persons at a single work site in the Bay Area to develop trip reduction programs which encourage their employees to use commute alternatives for their trip to work in order to reduce vehicular CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF'BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : • Gayle Bishop Tom Torlakson ACTION OF BOARD ON 9-1 , q APPROVED AS RECOMMENDED ✓ OTHER _ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A ,✓ UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORSn ON THE DATE SHOWN. Orig Dept: Community Development ATTESTED Contact: Ernest Vovakis, 646-2355 PHIL BATCH R, C RK OF cc: (via CDD) THE BOARD OF SUPERVISORS BAAQMD AND COUNTY ADMINISTRATOR CCTA ll TRANSPAC BY \ .► n Q J , DEPUTY Tri-Delta Transit ' SWAT WCCTAC h i � 1 Delegation Plan for BAAQMD Trip Reduction Rule June 13 , 1994 Page 2 emissions. The Air District'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 County in order to comply with the provisions of Measure C (1988) and Proposition 111. Regulation 13 allows for delegation of authority to implement the rule to local juridictions. Implementation by local jurisdictions in Contra Costa County is desirable for the following reasons: to avoid duplication of effort and confusion; to more efficiently administer the local and regional requirments; and to take advantage of working relationships the regional TDM programs have established with local employers concerning employee trip reduction programs. The Air District has issued guidance prescribing a three step process for delegation. This process includes: (1) amendment of local trip reduction ordinances to be consistent with Regulation 13 ; the County completed this step in April; (2) submission of a delegation plan to the Air District (this Board order) ; and (3) entering into an agreement with the Air District on the implementation of the rule. Following District review of the County's delegation plan, a delegation agreement will be drafted which will be presented to the Board for approval. The delegation plan demonstrates that the local ordinance has certain specified provisions that are at least as stringent as those in the Air District Rule. In addition, the plan demonstrates that the local jurisdiction has the resources needed to implement the rule and the authority to enforce the rule. The delegation plan states that ' in Contra Costa County, administration of local ordinances has been assigned to the four regional transportation planning committees, which are using AB 434 funds allocated by the Contra Costa Transportation Authority. However, individual cities and the County retain authority to enforce the 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 held by the County. The Plan expresses the intent of the County to incorporate the Pleasant Hill BART Station Area TDM program in the TRANSPAC program in the near future. This would not affect the funding arrangement between the Centre and the County. I) 1 a EXHIBIT A 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 work site, 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 . ----------------------------------------------------------------- Contra Costa County Delegation Plan -_Page 2 1 BAAQMD Regulation 13, Rule 1 Requirement 13-1-209 Employee: Any person conducting work activity for an employer 20 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 . ----------------------------------------------------------------- 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 . ' ----------------------------------------------------------------- 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 . ----------------------------------------------------------------- Contra Costa County Delegation Plan - Page 3 r 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: I;Section 3 . (y) . The County ordinance defines VER as specified in 'Regulation 13. ----------------------------------------------------------------- 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 . ----------------------------------------------------------------- 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. ----------------------------------------------------------------- Contra Costa County Delegation Plan - Page 4 1 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 1993 1994 1995 1996 1997 1998 1999 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 1994 1995 1996 1997 1998 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 . ----------------------------------------------------------------- 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 8. 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 . Contra Costa County Delegation Plan - Page 5 1 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 . ----------------------------------------------------------------- Contra Costa County Delegation Plan - Page 6 1 BAAQMD Regulation 13, 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. ----------------------------------------------------------------- Contra Costa County Delegation Plan - Page 7 BAAQMD Regulation 13, Rule 1 Requirement Define Violations: A 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 Trip 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. ----------------------------------------------------------------- Contra Costa County Delegation Plan - Page 8 f 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 1995 Implementation Activities: 0 Expand the TDM program to include all affected employers, including multi-tenant complexes, and retail establishments. 0 Distribute and analyze employer surveys. Compare results to baseline (1993) . 0 Distribute, review and approve, conditionally approve, or disapprove Trip Reduction Plans. 0 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 (1-680/24 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 enforcement 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 activities 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 1 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 94f95: 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 (LCCA) to administer a TDM program in the Pleasant Hill BART Station Area. This is the fourth annual agreement with the CCCA 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-1980 '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 $76,820. EQUIPMENT/SUPPLIES/OTHER Office Equip/supplies/other $ 2,150. Postage/telephone/copies 1,060. Subtotal $ 3,150. TRAINING/WORKSHOPS ETC Training & Workshops $ 4,000. Subtotal $ 4,000. MARKETING/PROMOTIONS Displays/signs/Presentations $ 2,000. Brochures/Posters/Graphics 5,000. Misc. Promo Events/Special Projects 10,000. Advertising 1,000. Subtotal $ 18,000. SURVEY/RIDEMATCHING Data Entry/Analysis/Report $ 10,750. Ridematching Services 2,940. Develop/Update Standard Forms 1,050. Subtotal $ 14,740. GRAND TOTAL $ 116,710. * 1 full time professional staff ** 1 part time support staff(as needed) 1 0 O © C) p d OO 00 � 00 c- 06 N p tiD � 0 N d 00 00 g O Q O tn 00 t m N Op 1 aA O o LA 0000 NN , d i p o0 p O O M v\ �j o0 ONd' a ` p cn cn p o �p o as --. cn N M d3 'vc�� � � a to o 06) u, yo 1 o o O (D O o �' co co LO r` o o co r N N (fl O O L W 64 6e} 6R O vw O N O O O O II N O N ON O In O O � a- ami O O r- O O O p It CL W >- 69 04 � 69 � � 61). ~ i N N } O O cri c T cco O O CV T -ja O O N n O O , a (U O x o O rn co O O co H W } 6F} 69 69 O } O O ON v- O O cfl 00 O CD t5C r fl_ r O d' O O O O O O N O a0 to C O � O _O � O Na LLI } 69 � � 6R � 64 ir 7 O C N s O co .— M (0 N O Cl) O j O i to C7 .- O Q LV } 69 69 61). 69 69 6F? O a x w m E E rn O L2 E Q. 0 Y o ' n caCD cm 0— CZ (n W (n ` cmn c0) CD E ai� - V V E" ca 2 m i 1 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 *Marketing 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 5. Salary/Benefits $51,000 $80,000 •1 FTE, 10% of 1 FTE (94/95) 01.5 FTE, 10% 1 FTE (95/96) 6. Equipment/Supplies & Other $7,500 $8,000 *Equipment •Supplies •Postage •Telephone •Rental Expenses •Other TOTAL $70,500 $100,000 1 WEST CONTRA COSTA COUNTY REGIONAL TRANSPORTATION PROGRAM ESTIMATED THREE YEAR BUDGET (a) OBJECT CLASSTEICATION FIRST YT' SFCOND YR THIRD YR TOT& FY 92/93 FY 93/94 FY 94/95 SALARIES & BENEFITS Professional Staff- Salary $ 45,000 $ 47,025 $ 49,141 $141,166 Professional Staff- Benefits $ 10,350 $ 10,816 $ 11,302 $ 32,468 Professional Staff- Travel $ 1,200 S 1,200 $ 1,200 $ 3,600 Support Staff- Salary $ 16,185 $ 30,000 $ 31,500 $ 77,685 Support Staff- Benefits S K69 $-6.(M $ &21,9 $15,,9, 19 Subtotal $ 76,415 $ 950041 $ 99,382 $270,838 EQUIPMENT, SUPPLIES & OTHER Equipment/Furniture/Supplies $ 4,000 $ 1,500 $ 5,000(b) $ 15,500 Postage/Telephone/Copies $ 8,500 $ 6,000 $ 6,000 $ 20,500 Rent/Services $-5,500 $ 4_OO,Q L.-4.& $ 13,,SQQ Subtotal $ 23,000 $ 11,500 $ 15,000 $ 49,500 TRARONG, WORKSHOPS & PROF. DEV. TDM Coordinator Training $ 1,000 $ 700 $ 700 $ 2,400 Computer Training $ 500 $ 300 $ 300 $ 1,100 Conference Attendance S-1,I O -'s 1.1 OQ , 1,10 $,3 500 Subtotal $ 2,800 $ 2,100 $ 2,100 $ 7,OOO SPECIAL PROJECTS, MARKETING & PROMOTIONAL EVENTS Displays/Signs/Presentations $ 15,000 $ 4,803 $ 2,000 $ 21,803 Brochures/Posters/Graphics $ 11,000 $ 5,000 $ 500 $ 21,000 Advertising $ 2,000 $ 1,000 $ 1,000 S 4,000 Mise. Promotional Events $ 9,000 $ 5,000 $ 5,000 $ 19,000 Shuttle Demonstration Project (c) S-555-,00 X040 Subtotal $ 37,000 $ 15,803 $ 6000 $1.20,803 SURVEYS Data Entry/Analysis/Report $ 16,200 $ 6,200 $ 6,200 $ 28,600 Computer Software $ 1,500 $ 500 $ 500 $ 2,500 Copies 750 S 750 $- 2.2,5 Subtotal $ 18,450 $ 7,450 $ 7,450 $ 33,350 NOTES: GRAND TOTAL. 157 1§6S „^„ ) 894 $121,932 -$481,491 (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 $155,000 Marketing/administration 5,000 Richmond BART station upgrades 20,000 Reprogrammed funds from FY 9293 AB434 funds [48,000> Reprogrammed Meas. C funds (req. thru CCTA) <57,000> Employer participation 5 20.000> Total budgeted for FY 94-95 U= 1 PROJECT AGREEMENT PLEASANT HILL BART 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 94596 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 f inal 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. 5. County's Oblication. 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- f 6. Contractor's Obligations. Contractor shall provide those services and carry out that work as described in the "TDM Project Work 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. Status. 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. 8. 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. 10. 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. -2- i r 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. -3- r 14. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR 14 BY: a/j J. BY: Tom Torlakson, Chair Robert Russell, President Board of Supervisors Contra Costa Centre DATE: O C T 5 1993 Association DATE• ATTEST: Phil Batchelor n County ,Clerk of the Board of Supervisors BY: and County Lynitte Tanner, Admin' strator Executive Director Contra Costa Centre BY: Association DetIV DATE: Recommended _by Department BY: v - - — —Community E. Bragdon, Di ctor j`_ Community Development Department Form A roved: County Counsel BY: Deputy 1trns/cm/CCCA.bos -4- 1 ATTACHMENT A TDM 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. B. 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 +lshall 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. 1 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. 1 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 Expense Salaries $ 39,235.00 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 $ 24,719.00 ($.63 of salaries) Retirement Account $ 1,981.00 TDM Coord. 10% of 19,805.76 Payroll Taxes $ 3,043.00 TDM Program Marketing $ 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 Grant Program *** $ 75,000.00 Page 2 FY 1993-94 Contra Costa Centre TDM Program RIDES Consulting $ 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 $ 2,500.00 TOTAL ESTIMATED EXPENSES FOR THE CONTRA COSTA $307,178.00 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 $20,000 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 I680/24 interchange construction mitigation program. This matching grant would provide on-site kiosks with bonded staff to sell high-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.