HomeMy WebLinkAboutMINUTES - 06041996 - C80 C•8 o.
Contra
TO: BOARD OF SUPERVISORS - Costa
FROM: TRANSPORTATION COMMITTEE County
DATE: May 20, 1996
SUBJECT: Agreement with the Contra Costa Centre Association for the
1996-97 TDM program at the Pleasant Hill BART Station area
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1 . Approve and authorize the Chair of the Board to sign an
agreement with the Contra Costa Centre Association to manage
the Transportation Demand Management (TDM) program for the
Pleasant Hill BART Station Area during 1996-97 (eighteen
months) , in an amount not to exceed $236, 140 . 00 (Exhibit A)
2 . Authorize the Director of Community Development to charge up
to $30, 000 to the Pleasant Hill BART Station Area TDM Fee
Account during 1996-97 for staff costs related, to monitoring
the TDM program and, if needed, a financial audit .
3 . Direct the Auditor-Controller to deposit $30, 600 . 00 from the
Pleasant Hill BART Station Area TDM Fee Account to the Contra
Costa Centre Association Van Replacement Account for the
period 1996-97 .
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 .
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD 'COMMITTEE
APPROVE OTHER
SIGNATURE (S) : #, ef mith Tom Torlakson
ACTION OF BOARD ON June . 4 , 1996 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT -------`-- 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 June 4 , 1996
Contact: Ernest Vovakis, 646-2131 PHIL BAT OR, CLERK OF
cc: Contra Costa Centre Assn. (via CDD) THE B OF SU ERS S RS
Val Alexeeff, GMEDA IS
Jim Kennedy, Redev. Agency B
Cha
Annual. Report for Pleasant Hill BART
May 20, 1996
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS
Contra Costa County has required a Transportation Demand Management (TDM)
program for the Pleasant Hill BART station area since 1986 to encourage the use
of alternative modes of transportation by station area employees in order to
mitigate the traffic impacts resulting from the develoment of the area. The
County has entered into an agreement with the Contra Costa Centre Association
to manage the TDM program for the Pleasant Hill BART Station area since 1990 .
The most recent agreement expired on December 31, 1995 .
The renewal of this agreement was delayed this year due to the passage of SB 437
which prohibits mandatory employer trip reduction programs as of January 1,
1996 . County Counsel has reported that SB 437 does not invalidate the
conditions of approval that required Pleasant Hill BART Station area devetlopers
to implement a transportation demand program. However, the conditions of
approval cannot be used to impose trip reduction programs on employers (Exhibit
B) . The Contra Costa Centre Association has indicated that it is committed to
continuing :the TDM program at the Pleasant Hill BART station area (Exhibit C) .
The program will be completely voluntary, offering commute alternative services
to employers . However, there will be no mandate requiring their participation
or any penalty for nonparticipation. I
The project agreement for 1996-97 covers an 18-month period from January 1, 1996
through June 30, 1997 . It continues funding for operating vanpools, for
operating a noontime shuttle service to nearby commercial areas, for matching
a Caltrans grant which provides for on-site transit ticket sales, and for
marketing and information programs . The Contra Costa Center Association has
operated the TDM program since January 1, 1996, using vanpool revenues for
interim financing. These funds are normally used each year to offset project
costs and reduce the amount funded by the agreement with the County. The 1996-
97 project agreement has been submitted for review by the County Counsel' s
office . This board order also authorizes County staff to expend up to $30, 000
during the period of the agreement for project monitoring and a financial audit .
In addition, $30, 600 is to be transferred to a vanpool replacement account .
i
i
r �
ORIGINAL
i
PROJECT AGREEMENT
I
PLEASANT HILL BART STATION AREA TDM PROGRAM
1996-97
1. Agreement Identification.
i
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 January 1, 1996 and it terminates
June 30, 1997 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 $236,140.00 as shown in Attachment B. County shall make
quarterly payments to Contractor. equivalent to actual expenditures for the
preceding quarter except that County will advance $50,000.00 to contractor to fund
operations.during the first quarter. Payments shall be made in accordance with the
following schedule:
March 1, 1996 advance payment of $50,000
June 1, 1996 reimbursement for January 1, 1996 -March 31, 1996
September 1, 1996 reimbursement for April 1, 1996 - June 30, 1996
I
December 1, 1996 reimbursement for July 1, 1996 - September 30, 1996
March 1, 1997 reimbursement for October 1, 1996 - December 31, 1996
June 1, 1997 reimbursement for January 1, 1997 - March 31, 1997
September 1, 1997 final reconciliation for 1996-1997 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.
1
.u
i
5. County's Obligation. County shall make those allocation payments to the contractor
described in Section Four, ("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. The County is authorized to charge the TDM fee account up to
$30,000.00 for staff time and a program audit.
6. Contractor's Obligations. Contractor shall provide those services and carry out that
work as described in the "TDM Work Program, 1996-97, Pleasant Hill BART Station
Area," a copy of which is attached hereto as Attachment Aand 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 thirty days following the end of each
calendar quarter.
Any dispute regarding this agreement will be reviewed in accordance with Sectio In
13. In the event County withholds payment, Contractor will not be required to make
additional expenditures under this agreement until resolution is achieved on the
withheld payments.
7. Status. Contractor is an independent contractor, and shall not be considered an
employee(s) of the County. Any program established or operated by the Contractor
as part of the "TDM Work Program" shall not be considered a program of the
County.
8. Insurance. Contractor shall obtain and maintain during the term hereof
comprehensive automobile liability insurance protection against liability fo'r
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
$5,000,000.00 per occurrence (combined single limit) for combined bodily injury
and property damage liability. In addition, the County of Contra Costa is named as
additional insured, with thirty (30) days written notice of policy lapse or cancellation
required.
The Contractor shall also obtain collision and comprehensive (fire, theft, etc!)
insurance (deductible not to exceed $500.00) for amounts equal to the actual cash
value of each vehicle that is part of the project equipment.
9. Indemnification. Contractor shall defend, save and hold harmless the County, its
officers, agents 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
2
I
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 $30,600.00 into the fixed asset reserve amount
in the Pleasant Hill BART Station Area TDM Fee Account for replacement of the,
vans operated by the Contractor..
I
11 Proiect. This Agreement implements in whole 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
Attachment A, the "TDM 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 Director of Community Development 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. If this Agreement is terminated by the
County, Contractor shall have no further obligation to provide the services or cary
out the work described in Exhibit A; and County shall have no further obligation to
make payments to Contractor.
I
3
I
$0
15. Signatures. These signatures attest the parties' agreement hereto:
COUNTY OF CONTRA C STA CA FORNIA CONTRACTOR
BY: BY:
Jenrd6upervisors
it Steve Thomas, President
Bo Contra Costa Centre
Association
DATE: 6�1 -Ll DATE: y
ATTEST: Phil Batchelor, BY:
Clerk of the L e to Tanner,
Board of Supervisors Ex cutive Director
Administrator Contra Costa Centre
Association
BY: gunty
-.
Recommend d epartment
BY:
Irvey . B agdon, Director
Community Development 1
Department
Form Approved: County Counsel
BY: 11� . Ae6AINA
Deputy
Attachments
A. Work Program, 1996-97
B. Budget, 1996-97
I
I
jAaw\phbart96.agr
4
i.
ATTACHMENT A i
E
TDM WORK PROGRAM
PLEASANT HILL BART STATION AREA
1996-97
A. PROJECT DESCRIPTION
Manage the Transportation Demand Management (TDM) Program to provide
traffic mitigation of the Pleasant Hill BART Station Area through the services of
an on-site TDM Coordinator, maintaining a vanpool program,.marketing and
information programs for carpool, bicycle;telecommuting programs and other
alternatives to single occupant vehicle commutes.
B. PROJECT GOAL
To effectively use the TDM Fee Account to mitigate the traffic impacts of
development at the Pleasant Hill BART Station Area, as required by the
conditions of project approval.
C. PROJECT ACTIVITIES
Project activities of the Contra Costa Centre Association's Transportation
Demand Management Program (TDM) include but are not limited to the
following:
-TDM information and promotion program
-Assistance in forming carpools and vanpools
Vanpool program marketing, operations and maintenance
- Conduct periodic Employee Commute Survey, if required by the County
Promote transit use
- Promote use of telecommuting, bicycling and walking as alternatives to driving ,
to work
D. 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 Section Six of the Project Agreement. Reports shall be submitted
thirty (30) days following the end of each calendar quarter.
Contractor shall submit a final report to the Board of Supervisors thirty (30) days
prior to the end of the program covered by this agreement. ,
E. PERFORMANCE OBJECTIVE
Contractor will strive to attain a rate of 35% non-single occupant vehicle
commuting by Contra Costa Centre Association member employees within the
Pleasant Hill BART Station Area. '
F. PROJECT ADMINISTRATION
The Pleasant Hill BART Station Area TDM Program will be administered by the
Executive Director of the Contra Costa Centre Association, and implemented by
the Transportation Demand Management Coordinator of the Contra Costa
Centre Association, with the assistance of clerical staff.
Program monitoring will be performed by County staff. A financial audit may be
requested and performed under the direction of the County. f
i
JAaw'\phbartag.a
I
2
C.�o
ATTACHMENT B
TDM PROGRAM BUDGET
PLEASANT HILL BART STATION AREA
1996-97
Salaries $ 70,395.00
Overhead $ 46,461.00
i
Retirement Account $ 3,734.00
Payroll Taxes $ 5,550.00
l
TDM Program Marketing $ 15,000.00
Newsletter/flyers/printing
Guaranteed Ride Home
Program'Promotion
TDM Program Contingency $ 4,500.00
Employer Matching Grant Program . $ 37,500.00
I
Shuttle Operations $ 30,000.00
Operators
Fuel
Maintenance
Marketing
Vanpool Operations $ 60,000.00
Fuel
Insurance
Maintenance
Tires
1
TDM Program Budget
Pleasant Hill BART Station Area
Page 2
i
Financial Services $ 3,000.00
TOTAL ESTIMATED EXPENSES FOR THE P.H. BART $276,140.00
STATION AREA/CONTRA COSTA CENTRE TDM
PROGRAM-FISCAL YEAR 1996-97
Less Estimated Vanpool Income $ 40.000.00
FY 1996-97 AGREEMENT TOTAL $236,140.01
NOTES:
(1) County will transfer $30,600.00 from the TDM Fee Account to the fixed asset
reserve account for vanpool (eight vehicles) depreciation expenses.
(2) In addition to the above costs, County is authorized to charge the TDM Fee Account
up to $30,000.00 for County Staff time and Annual Program Audit.
(3) The Employer Matching Grant (a Caltrans 1680/24 project) was budgeted for the
1993-94 Fiscal Year, however, due to a delay of the signing of the contract, the
program did not start until March 1995. Completion of the project is reflected in this
budget.
JAawlphbartag.b
2
.�C)
EXHIBIT B
I
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: February 5, 1996
To: Harvey E. Bragdon, Director, Community Development Department
From: Victor J. Westman, County Counsel
By: Lillian T. Fujii, Deputy County Counsel
Re: Impact of Senate Bill 437 (H.& S.Code, § 40929) on employee trip reduction
programs
SUMMARY:
1. In our opinion, SB 437 prohibits the County from imposing any employee trip
reduction program requirement on employers, whether directly by ordinance, or indirectly
by condition of development approval.
i
2. Senate Bill 437 does not appear to invalidate the Transportation Demand
Management ("TDM") conditions imposed On projects in the Pleasant Hill BART Station
Area. However, to the extent that TDM plans developed pursuant to such conditions of
approval involve imposing employee trip reduction requirements on employers, said
employer-implemented programs probably are now prohibited by SB 437 and
unenforceable.
3. We recommend that consideration be given to repealing County Ordinance
No. 94-27.
4. It does not appear that SB 437 preempts the County's residential TDM
Program.
5. The County may voluntarily implement a TDM Program for County employees.
DISCUSSION:
This responds to your memorandum requesting our views on the impact of the
passage of SB 437 on certain County TDM Programs. Senate Bill 437 (Stats. 1995, ch.
607) added section 40929 to the Health and Safety Code:
i
"40929. (a) 'Notwithstanding Section 40454, 40457,
40717, 40717.1, or 40717.5, or any other provision of law, i
a district, congestion management agency, as defined in
Harvey E. Bragdon, Director, Community Development Department
February 5, 1996
Page 3
You have provided us with a copy of an October 4, 1995, 12-page memorandum)
(attached) from Nossaman, Guthner, Knox & Elliott, attorneys for the Contra Costa Transit;
Authority ("CCTA") to Robert K. McCleary, CCTA Executive Director, regarding the effect
of the passage of SB 437 and AB 4142 on TDM requirements and "voluntary" trip reduction
programs.3 Although said memorandum ("CCTA Memorandum") did not directly address
the questions you raise, we found the CCTA Memorandum helpful in analyzing the legal
issues.4 In addition, we have relied upon the several citations to legislative history in the
CCTA Memorandum, which citations we assume are accurate.
Turning to the question at hand, as quoted above, Health and Safety Code
section 40929 expressly prohibits a public agency from requiring an employer to implement
an employee trip reduction program unless the program is expressly required by federal I
law. In construing a statute, the cardinal rule is to ascertain the intent of the legislature so
as to effectuate the purpose of the law. (Code of Civ. Proc., § 1859; 58 Cal.Jur.3d.,
Statutes, § 83, FN 18.) If the words of a statute, given their ordinary and popular meaning,
are reasonably free from uncertainty, the courts will look no further than the words of the
statute to ascertain the legislative intent. (People v. Mel Mack Co. (1975 ) 53 Cal.App.3d.
621, 626; 58 Cal.Jur.3d., Statutes, § 84, FN 30.) In our view, based upon the plain and
ordinary meaning of the words used, the Legislature's intent in enacting Section 40929 is
clear -- public agencies may not require employers to implement employee trip reduction
programs. The Legislative Counsel describes this section as prohibiting public agencies
"from imposing any requirement on any employer to implement a trip reduction program
unless the program is expressly required by federal law...." (Emphasis added.) Since the
Legislative Counsel is a state official required to consider measures before the Legislature,
it is reasonable to presume that the Legislature adopts a statute with the intent and
meaning expressed in the Legislative Counsel's Digest. (Maben v. Superior Court for Los
Angeles County (1967) 255 Cal.App.2d. 708, 713.)
2 Stats. 1995, ch. 950.
3 The copy of the memorandum provided to this office is not signed; however, we
have been advised by Ernest.Vovakis of your Department that the opinion has been
released for public consideration by CCTA.
The question before us is probably closest to the question not answered but i
briefly addressed in footnote 2, on page 12 of the CCTA Memorandum -- whether a i
program "voluntarily" entered by a developer as a result of a "voluntary" agreement
between the developer and a County, may impose employee trip reduction program
requirements on third party employers.
EXHIBIT C
1350 Treat Boulevard CONTRA COSTA
Suite 180
Walnut Creek
51 9935. 96 MAR 21 PM 2: 47
510/935.6337
FAX 510/935.1407
COMMUNITY
i t DEVELOPMENT DEPT
i
March 20, 1996
Mr. Harvey Bragdon
Director of Community Development
Contra Costa County
651 Pine Street, 41h Floor, N Wing
Martinez, California 94553
Re: Transportation Demand Management Program
Dear Mr. Bragdon:
This letter is to confirm the commitment of the Contra Costa Centre Association (CCCA)
to continue the operation of its Transportation Demand Management (TDM) Program.
The CCCA Board of Directors views the TDM Program as a vital link to the continued
growth and development of the Pleasant Hill BART Station Area. The CCCA Board of "
Directors believes the TDM assessment funding is being used in the best possible way to
maximize TDM services while reducing dependency on single occupant vehicles.
While the CCCA Board of Directors recognizes the benefits of compliance with the
requirements of the voluntary TDM Program, please note that the continuation of the
CCCA TDM Program is contingent upon the financial backing from the Pleasant Hill BART
Station Area TDM Account.
We thank the County staff for working so closely and diligently with our TDM Program
staff and look forward to future mutually beneficial programs.
Very truly yours.,
Robert M. Russell
Treasurer, Contra Costa Centre Association
RMR/LDY:m i
cc: Mr. Merle Gilliland
Ms. Lynette Tanner t
Mr. Steve Thomas
i
Harvey E. Bragdon, Director, Community Development Department
February 5, 1996
Page 5
enforcement of such requirements is now precluded.
The fact that the conditions of approval were imposed before the passage of SB
437 is not material. The local requirements become invalid upon the effective date of the
preempting state legislation. (People v. Moore (1964) 229 Cal.App.2d. 221, 226.)
Question No. 3: Since the County's TDM Ordinance (No. 94-27) has been
preempted by SB 437, what action should be taken with respect to the ordinance?
Answer and Discussion No. 3: Given that the ordinance covers only employee
trip reduction measures, we advise that consideration be given to repealing the ordinance.
If desired, we will prepare an ordinance repealing Ordinance No. 94-27 for your
consideration and possible_presentation to the Board for adoption.
Question No. 4: .Does SB 437 impact the County's residential TDM program,
codified at Chapter 82-32 of the County Ordinance Code?
Answer and Discussion No. 4: No. As quoted above, subdivision (b) of section
40929 clarifies that public agencies may continue to regulate "indirect sources in any
manner not prohibited by this section, where otherwise authorized by law." Thus, it
appears that residential programs that do not impose requirements on employers have not
been affected.
Question No. 5: Does SB 437 preclude the County from voluntarily
implementing a TDM program for County employees, including requesting departmental
participation in such programs?
Answer and Discussion No. 5: No. Senate Bill 437 does not regulate the
County's development and implementation of County employee trip reduction programs.
Attach.
14a:1td m 119.96