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2019-02-26; City Council; ; Approve a citywide Transportation Demand Management plan, authorize a Request for Proposals for transportation demand management consultant services, and introduce an ord
CA Review rz.~ ~ CITY COUNC IL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: February 26, 2019 Mayor and City Council Scott Chadwick, City Manager Jason Geldert, City Engineer Jason.Geldert@carlsbadca.gov or 760-602-2758 Christie Marcella, Economic Development Manager Christie.Marcella@carlsbadca.gov or 760-602-2732 Approve a citywide Transportation Demand Management plan, authorize staff to issue a Request for Proposals for transportation demand management consultant services, and introduce an ordinance adding Chapter 18.51 to the City of Carlsbad Municipal Code to establish transportation demand management requirements as part of the development process. Recommended Action Adopt a Resolution approving the citywide Transportation Demand Management Plan, authorize staff to issue a Request for Proposals for consultant services to implement the transportation demand management program, and introduce an ordinance adding Chapter 18.51 to the City of Carlsbad Municipal Code to establish transportation demand management requirements as part of the development process. Executive Summary The city's Climate Action Plan was adopted as part of the city's General Plan Update in 2015 and is a long-range strategy to reduce emissions of greenhouse gases {GHG). Transportation Demand Management (TDM) is an important strategy in the city's adopted Climate Action Plan. Transportation accounts for nearly 40 percent of greenhouse gas emissions and the purpose of TDM is to reduce the number of single occupancy vehicle trips among employees throughout Carlsbad. Staff is requesting approval of a citywide TDM plan in accordance with Measure K-1 of the Climate Action Plan as well as introduction of an ordinance that will place TDM requirements on new non-residential development that meets a certain threshold (employees are estimated to generate a minimum of 110 average daily vehicle trips). While adoption of the TDM ordinance allows the city to apply requirements on new development to install infrastructure and to implement strategies, staff recognizes that in order to fully meet our greenhouse gas reduction targets, proactive efforts must also be made with the existing business community. To address this need, staff is requesting authorization to solicit proposals for TDM consultant services so that the city can engage a qualified technical firm who will utilize best management practices and Carlsbad's position as a regional employment hub to expand the reach of TDM beyond the ordinance and new development alone. February 26, 2019 Item #4 Page 1 of 48 Staff will return to City Council for approval of the TDM consultant contract once a vendor has been identified through a competitive process and contract terms have been mutually negotiated. Discussion The city's adopted Climate Action Plan aims to reduce Carlsbad's GHG emissions and identifies TDM as an effective strategy to reduce GHG emissions. GHG emissions are recognized by the Climate Action Plan to be directly related to vehicle miles traveled (VMT). If VMT can be reduced, then GHG emissions will be reduced. Within the context of the city's Climate Action Plan, the goal of TDM is to achieve a 10 percent increase in alternative transportation mode use by workers in Carlsbad. Reducing the number of workers who drive to and from work alone will reduce total VMT and thus reduce GHG emissions. TDM is the application of strategies and policies to change commuter travel habits away from driving alone. GHG reduction Measures K-1 and K-2 of the Climate Action Plan focus on TDM and require the following: K-1: Adopt a citywide transportation demand management (TOM) plan, as described in the General Plan Mobility Element, detailing a mix of strategies to reduce travel demand, specifically of single occupancy vehicles. SANDAG's 2012 "Integrating Transportation Demand Management Into the Planning and Development Process'·42 provides a guide to designing and implementing a TDM plan and will be used as a reference document to develop the city's TDM plan. TDM strategies evaluated in the plan include parking ordinances, subsidized or discounted transit programs, transit marketing and promotion, carsharing, bikeshanng, parking pricing, and bike parking. (Short-term) K-2: Adopt a TDM ordinance, defining a minimum trip generation threshold for nonresidential development projects. The city will set perfonnance requirements for minimum alternative mode use based on project type . .All projects above the threshold shall submit a TDM plan, which includes a description of how the minimum alternative mode use will be achieved and maintained over the fife of the project. Potential TDM trip reduction measures can include carpool and vanpool ridematching services; designated employees as contacts for trip reduction programs; providing a direct route lo transit in coordination with NCTD; developing public-private transit partnerships; passenger loading zones; pedestrian connections; showers and dothes lockers; carsharing, bikesharing long-tenn bicycle parking and shuttle programs. (Mid-term) Measure K-1 requires adoption of a citywide TDM plan. The proposed City of Carlsbad Citywide TDM plan (Exhibit 1) outlines how the city will operationalize TDM for both new and existing development in order to meet our GHG reduction targets. The plan serves as a point of reference for staff to understand the many levels at which TDM will be implemented throughout the city. TDM will be achieved by addressing transportation demand in the following areas: • Infrastructure • Regulations & Policies • Guiding Resources • TDM Program for existing businesses The proposed TDM ordinance (Exhibit 2) is the hallmark of the Regulations & Policies area of the Citywide TDM plan and will apply to all new non-residential development projects where employees are estimated to generate a minimum 110 trips or more on average daily vehicle trips. Trip generation estimates will be based on industry standards that consider use and size February 26, 2019 Item #4 Page 2 of 48 of the project. Any new non-residential project that meets the trip generation threshold will be required to prepare a TDM plan for review and approval by the city prior to building permit issuance. The plan will need to outline facility improvements, programs, incentives, education, and marketing and outreach efforts designed to reduce single occupancy vehicle trips. The ordinance references the TDM handbook, which serves as the guiding document to help applicants choose strategies that best fit their geographic, employee and company context. Staff prepared the TDM handbook and an online tool that together, detail a variety of strategies to help reduce travel demand as stated in measure K-1. They represent one area of the citywide TDM plan. These tools can be used not only through the development process, but can also serve the existing business community. Because the proposed ordinance only affects new development, staff believes a more comprehensive TDM program is necessary to actively assist existing businesses in the development and execution of TDM. The proposed TDM program includes: • Assistance in the review, documentation and monitoring of TDM plans submitted as part of the development process • Service to the existing business community as a resource to help in the development, execution and ongoing monitoring of TDM plans developed for individual companies • Management of any multimodal services such as shuttles to and from transit stations • Execution of regular citywide survey efforts to monitor changes in mode share over time In researching how TDM programs are executed and the most cost-effective means to achieve the goals of TDM, staff recommends seeking the services of qualified consultants with technical expertise in transportation demand management to execute the proposed TDM program outlined above and detailed in the Request for Proposals (Exhibit 3) for TDM consultant services. It is important to note that this is a new program, and current staff resources are not sufficient in number or technical expertise to execute a TDM program in a cost effective or successful manner. A consultant firm with TDM experience will achieve efficiencies and effectiveness in all areas of the program, from development assistance to ongoing monitoring. Staff also believes executing a consultant contract with defined performance measures will help ensure timely delivery of services in alignment with the city's Climate Action Plan targets. Staff will return to City Council at a later date with a funding request for the consultant/contractor services needed to implement the TDM programs and provide for the administrative resources for ongoing operations and contract management. As part of the action requested in this report, staff is requesting authorization to release a Request for Proposals soliciting contract proposals to provide TDM consultant services to the city. Staff expects to return to City Council to approve the contract once the preferred vendor has been selected and a contract has been negotiated, and to appropriate the funds needed for these services. Fiscal Analysis The TDM ordinance requires staff and consultant time to review and approve development TDM plans. The costs for these services should be incurred by the development community. February 26, 2019 Item #4 Page 3 of 48 However, data is needed to accurately capture the cost of services. Staff will work with TDM and fee consultants during Fiscal Year 2019-2020 to collect data for cost analysis. It is anticipated that a new TDM review fee will be adopted with the Fiscal Year 2020-2021 Budget. The TDM program as proposed strives to partner the city with existing employers, developers and new businesses to achieve the Climate Action Plan GHG reduction targets. Because it is a service to the business community, economic development staff will manage the consultant contract and coordinate with other city divisions including transportation and land development engineering. Because TDM represents a new program, additional staffing and other financial resources will be requested in the Fiscal Year 2019-2020 city budget. While the exact amount of the TDM consultant services will not be known until responses are received, based on examples from other California cities who manage TDM programs by consultants, Community & Economic Development Department anticipates that a program budget enhancement of $200,000 annually for the TDM program will be requested at a future date for City Council consideration. Next Steps The City Clerk will prepare the ordinance for adoption at the next regular meeting. Once adopted, the City Clerk will publish the ordinance or a summary of the ordinance in a newspaper of general circulation within 15 days. The ordinance will be effective 30 days following adoption. Community & Economic Development staff have a short-term consultant to assist with TDM plan review on development projects and existing businesses will be referred to the iCommute regional program for assistance until a TDM consultant contract is executed and the city's staff can assume administration of the program. If authorized, staff will release the Request for Proposals on Mar. 1 and anticipate submitting a contract to the City Council for approval in July 2019. Environmental Evaluation (CEQA) The project was previously evaluated in the Final Program Environmental Impact Report (EIR) for the General Plan update (GPA 07-02), Climate Action Plan (SS 15-05) and other documents (EIR 13-02), dated September 22, 2015. The EIR evaluated the potential environmental effects of the implementation of the Climate Action Plan including the adoption and enforcement of energy conservation and electric vehicle charging infrastructure ordinances. This project is within the scope of the Final Program EIR 13-02 and no further California Environmental Quality Act (CEQA) compliance is required. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution 2. Ordinance 3. Request for Proposals for TDM Consultant Services February 26, 2019 Item #4 Page 4 of 48 RESOLUTION NO. 2019-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CITYWIDE TRANSPORTATION DEMAND MANAGEMENT PLAN AND AUTHORIZING ISSUANCE OF A REQUEST FOR PROPOSALS FOR CONSULTANT SERVICES TO IMPLEMENT THE TRANSPORTATION DEMAND MANAGEMENT PROGRAM WHEREAS, on September 22, 2015, the City Council of the City of Carlsbad approved Resolution No. 2015-244, approving the Climate Action Plan (CAP) which aims to reduce communitywide greenhouse gas emissions (GHG); and WHEREAS, in connection with approval of the CAP, the City Council certified a program environmental impact report (EIR 13-02) in compliance with the California Environmental Quality Act (CEQA), which evaluated the potential environmental effects of CAP implementation, including adoption and enforcement of various ordinances and plans intended to reduce GHG; and WHEREAS, Measure K-1 of the CAP requires adoption of a citywide transportation demand management plan (TDM) detailing a mix of strategies to reduce travel demand of single occupancy vehicles; and WHEREAS, staff has prepared a· citywide TDM plan attached hereto that outlines the framework for operationalization of TDM in fulfillment of CAP Measure K-1; and WHEREAS, the city planner has determined that: 1) approval of the citywide TDM plan is a subsequent activity of the CAP for which program EIR 13-02 was prepared; 2) a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that program EIR 13-02 adequately describes the activity for the purposes of CEQA Section 15168( c)(2) and (e); 3) the project has no new significant environmental effect not analyzed as significant in the prior EIR 13-02; and 4) none of the circumstances requiring a subsequent or a supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Citywide Transportation Demand Management Plan set forth in Attachment A is approved. February 26, 2019 Item #4 Page 5 of 48 3. That staff is authorized to issue a Request for Proposals for consultant services to implement the transportation demand management program. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of February 2016, by the following vote, to wit: AYES: NOES: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. None. None. \\\\\11111111/fl//// ,/~~ CAf:1[11 //~ ~"A .... •~· ... ~~~ gf,.../ ~ \-v% {°(~)°J ~ ·• ... ~,,., .... ··· ~ ~,... .. ' .. ~ ~ "'z "":.t1.·· ......... •·~,,__ ~ 0,,,,, IFO'f( ,,,,,,~ 11////11/111111111'' February 26, 2019 Item #4 Page 6 of 48 Attachment A City of Carlsbad Citywide Transportation Demand Management Plan Introduction The State of California has set mandates to reduce greenhouse gas emissions (GHG) to 1990 levels by 2020 or 15 percent below 2005 levels by 2020. The City of Carlsbad is doing our part and adopted a Climate Action Plan in September 2015 to meet our required share of GHG emission reductions. The Climate Action Plan recognizes that Transportation Demand Management (TDM) is an important strategy to achieve the state's mandated targets. Transportation accounts for nearly 40% of greenhouse gas ~Ji~-!pns and the purpose of TOM is to reduce the number of single occupancy vehicle trips ampljg e'mployees that work in / ·»· . d.,;✓,i':c?: Car Is bad. d:?&tJ \¾✓--..c ✓:;;,-;i:~✓ '?~:~~:~ 'I/, / ' z: TDM is an effective strategy to reduce GHG emissioli~-~Y redu~ifig\~hicle miles traveled (VMT). Specifically, the Climate Action Plan targets_sin~1{p.£upa~cy vehici(tf]rs, or people driving alone, to and from work. Measure K-1 require~ the following: ,_, ;•~. , ,,%~ , . ,0;.:: 1_½,,,,,_ .:..?.>.)'. . . ..>'./..>.;_ K-1 _-Adopt a cil}"i'Vide transpoFfation demand management (IDM) plan, as described in the General Plan Mobility Element, dela11ing a mix of strategies to reduce travel demand, specifically of single occupancyvehicles. SANDAG's 2012 alntegrating Transporlation Demand Management Into the Planning and Development Process'·42 provides a guide to. designing and implementing a TDM plan and Li.Jill be used as a reference document to develop the city's TDM plan. TDM strategies. evaluated in the plan include parking ordinances, subsidized or discounted transit programs, transit marketfr1g and promotion, carsharing, bikesharing, parking pndng_, and bike parking. (Short-term} The Plan 1. Infrastructure The ability of individuals or groups of individuals to choose alternative modes of transportation relies on the availability of a transportation network with adequate infrastructure to make other modes such as walking, biking, transit or carpooling viable. For example, a person is not likely to bike to and from work if there are not safe bike lanes available, if there are not clear bike routes from the street to their place of work, or if there are not showers available once they arrive at work. February 26, 2019 Item #4 Page 7 of 48 Attachment A The city's Sustainable Mobility Plan is an effort to examine alternative transportation options in a comprehensive way to present an existing and future network that will make it easier for individuals to understand and make varied transportation choices. The Sustainable Mobility Plan effort will prioritize infrastructure project to close gaps that are hindering the use of alternative modes of transportation like biking, walking, transit and safe routes to schools. A robust infrastructure network will provide more options for the community to choose one or a combination of transportation methods other than driving alone. Infrastructure improvement projects identified through the sui tainable Mobility Plan will be incorporated into the city's annual Capital Improvement Progrirh. •~;%//,: Q'.1/ /,7/_j/.-1/,y In addition to the Sustainable Mobility Plan, the city wilhlfy~.lifute appropriate TDM 4;,;,~:Y '«•:«% infra~tructure imp_rovements through other major ;l~~~Jforts/li,~~/he Village & Barrio Master Plan 1mplementat1on. ~;:$\ ·{J0 , /.».~. 1/ -.;;@~, ~: 0_;, ·.;.,_ ... }-;::, Any new transportation services that is availapl~Jn Carlsbad either tnr6\igh efforts led by the . ·, ,.,..-;.,:,,,..,. . :~_z?-.,.,., city or through partnership with regional transpdr,t~Jion ageocies such as·SANDAG or NCTD also ·. /·. ,,, ., .. fall into the category of infrastructure. For example;·should,thi?city work with the business ,:,::~;A_ •, ,;.,./. ~z,..,.~p ·•::,?-"•'j community to launch service to and/2fr6,.m.transit stations tci the city's industria f hub around ~y,/,;,; ,,,, ' -;❖'.f M cCl e II an-Pa lo mar Airport, such servici'ij tofild.be considered.an infrastructure improvement to ~~~<\. :-";~~-&~/· '•.(<,~}~ the city's network. ';/~!t ·<.$;:;•,,;;,.,_ ~:~,;,~, ~".:>½';:;.,· '•Z:%•f;> A .,,,tf)✓j;'·-. -,/7,n .;,; ,. %,,,,~:?Y• ?J.•z ,. 2 R I . & 1· · ,•:t(✓,~}1/,;• ··f/\ ~-.. ~~✓-··;,,; },( . . egu at1ons Po 1c~.e~4'&4f\.. ~"' _. 4ft7';>-:z'f$;,, _ ·f-: .,I:, ,;j •; /t►-' 'f•,• /.'-~· ;, . ~:;;~,,;, .· ; %', / ·r"//f~,., • ½' .• ?f.:Z~, ' -'.,.::(,,./.1_;,.,;;;,,.. From the regulatory l.evel, in addition to Measure·K;:t of the Climate Action Plan, Measure K-2 ',C/; 1/. -;t, /r; <:❖ .I' ;/ of the plan requires ado~iqn of a }T;J$M ordinanc;,e' .. -.This ordinance places regulations on new ·½;2{'0. j/~~~¼ ·;;~... ~ [;>>, non-reside,_gti_a_J;d.eyelopme11k !q,in..,s_t~!!•~P:(?£OPriat~•JfDM infrastructure and programs at the «~\/:..-?u%~/-%"0,, ·,z,;. .,,..,..{ ', ,.,.@.,,F, . '%~~ individua,ktl,e)felbpnierit,Wojeh.level. This<wjl,l~be.actiieved by the development and city ,.ft;f/,f,?:'· ·',?,JJ/ ti1-~ '-✓i¼(,>-... ' /,~>;1${0 1/.~ . approvaJfof project-specifio;cTDM'pJa))s that development applicants will prepare when the -~h ✓✓❖.~%~-~ <1?✓~❖,,, project m~:~tf~,the determih~J;,~.,resh6l~§:'3J average daily trips generate by employees. City staff will use indLlstly standards td:ealculate'\tifer:age daily trips and determine the applicability of a /f'/ ;:':~~., 'fti/:, ❖; .I project to submit a,project-spec'jfjc TDM plan. , / y/ 1,. ,,7~ ?"'lff_,/4,, rt~&; In addition to the TDM.ordinanfe';'other major city efforts that affect the transportation effort 'I ,'?: / V/1(;• from a policy level will tdf,~}?l}""hich, if any TDM strategies would be appropriate. The Village & Barrio Master Plan is an 'exa mple of such an effort. The plan addressed TDM by evaluating parking requirements in the geographic area of the plan, parking program elements and infrastructure improvements that would encourage all people in the Village & Barrio to consider transportation options, whether they are residents, employees or even visitors. City staff will work with the city's Chief Innovation Officer to identify potential areas where TDM strategies can leverage technology effectively or to coordinate transportation-related innovation efforts with this plan. February 26, 2019 Item #4 Page 8 of 48 Attachment A 3. Guiding Resources TDM is not something developers or businesses have an expertise in and will need consultative assistance. Carlsbad is at the forefront of municipal climate change by launching a proactive TDM plan. City staff believe an important part of the citywide TDM plan is appropriate assistance to make choices that are cost-effective and project-specific. The TDM ordinance references the TDM Handbook, which will serve as a "living" document to provide guidance to the development and business community on how to implement TDM in a specific context. The handbook outlines a comprehensive list of strategies, details hqw the strategy can be /4'1! implemented and which modes each strategy addresses. d§;{> ,f,;;-?~?>' Once the ordinance is approved and adopted, the TDM,;;~~,b~ok will be accompanied by more d ·1 d . f . b TDM h . ' b ~%:f .,,~»1'1/,1/; · . . 1· I h eta, e in ormat,on a out on t e city s we page~as we· '.~San interactive on me too t at will help filter the strategies in the TDM Handboo~t'a-s;d on wh'~f t-~ employer or developer ,~_Y// ,.,.~,,,. wants to achieve. ';, ;y ; ,;,:, ,.-p--/ 1// ~,1/ ';/,' , /' The TDM Handbook is considered a "living" docume,nt becau,se city staff e{p~ct to update the . -''~ .,h ... ;-1> . .,:: handbook based on experiences on~f .?evelopers an'~l?,,~JJ~i i es start using thJ. ~esource. It will be iterative so that as TDM plans af(~pp~9ved and irrfp,(~91tnted, staff can gain ih sight ·,,,.;.;::.-'./.,' ;..:X/,.. ..~;.,-p., qualitatively and quantitatively on th'~~J!ic;:J!J;gess of eaeJf4t ~ategy within the Carlsbad ~.~•/:,. 'Jy· ~:%:"·•.. ❖,,(/~:,,e context. ~.·:~-,,.,:.,,/:,,;,.,, ··$,(7,;✓, , ,~' '.,/;WJ.::: ··~f/c:;. Lf~"X~t1/,_.;~. ':~ / ,:,~✓,-},;~ ';,;,/:if,✓, 4. TOM Program ~ar~ ~,@'%❖ }f &tfJ,t;{~,.,,. '•::{:,, " 1> ,. , . ,$;:;.,, ' ,, fi;:,{V ,,;: ;7";;f ;, , .!. • ' ,,, ;J:'~-·,;:. ,.0;,;:• ,,,.y,.; ,;, The TDM ordinance"-fa n).:only addr:ess new noh~re'si,dential dev~lbpment. Staff recognizes that in ' ;%, . 3;'.;~ / ❖:':',. • . • order to meet our GHG reduction targets, proactive efforts must be made with the existing , ::,, ' •,. /2 ;f~,z,.., .,,,1/2:: business ;~~J;~~:.;,Carlsb(1W~fJfnJf{S~,~~t .regioi ~t employer and tens of thousands of employees commute:io,to Carls.bad from out~Jd!=!:.the.,city. The TDM program will proactively . . 1$W <:?.:!:· ',;.:.,. •/f,;:'4 ~-. . · ,:;;f@r:-. 1dent1fvf fj :get and worl<,~11h ex,stwJ ,?usinessesJ o implement TDM plans. The most cost- effective,,,WaV,.to implement,cf r:obusfT-0:r,it! program with the city's existing business community ·•~r•;,; <,,// :,,,.. y~/):k✓/.• is to contra{(.f~M consultant l h vices Wffr·a qualified technical firm who will use best ~.~;;-. ''1//,t;.,,, ,,-,,_.. management rfraf t:J,c;es and Car~sti ad's position as a regional employment hub to expand the ·.,-;;,<;;·., %~7✓,:..-reach of TDM beyon,d'~e ordina nt e alone. '··{/;.•,. 4?~ .-,, ,,,, ·,. /:1///.1/~ City staff will work with th'~-f Df.;,f consultant to develop the TDM program, but the consultant will be expected to providl tr.f; following services in the first year. • Establish stakeholder advisory committee consisting of a variety of stakeholders within t he business, transportation and government sectors • Update framework for and monitoring structure of the TDM program • Conduct outreach to the existing business community In addition to this work in the first year to set up the TDM program, the TDM consultant will also provide technical support for the TDM ordinance including review and monitoring of February 26, 2019 Item #4 Page 9 of 48 Attachment A project-specific TDM plans. The TDM consultant will also conduct the monitoring of TDM efforts through both the ordinance and program. Monitoring & Reporting Monitoring for the program will be coordinated by a city staff member within the Community & Economic Development Department since implementation of the TDM Ordinance is being led by the Land Development Engineering Division and the TDM Program is being led by the Economic Development Division as a service and manner of support to the existing business community. February 26, 2019 Item #4 Page 10 of 48 ORDINANCE NO. CS-350 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADDING CARLSBAD CHAPTER 18.51 (TRANSPORTATION DEMAND MANAGEMENT) TO TITLE 18 OF THE CARLSBAD MUNICIPAL CODE. EXHIBIT 2 WHEREAS, on September 22, 2015, the City Council of the City of Carlsbad approved Resolution No. 2015-244, approving the Climate Action Plan (CAP) which aims to reduce communitywide greenhouse gas emissions (GHG); and WHEREAS, in connection with approval of the CAP, the City Council certified a program environmental impact report (EIR 13-02) in compliance with the California Environmental Quality Act (CEQA), which evaluated the potential environmental effects of CAP implementation, including adoption and enforcement of various ordinances intended to reduce GHG; and WHEREAS, this Transportation Demand Management (TDM) ordinance fulfills CAP Measure K- 2 to address transportation-related GHG; and WHEREAS, the City Planner has determined that: 1) adoption of this ordinance is a subsequent activity of the CAP for which program EIR 13-02 was prepared; 2) a notice for the activity has been given, which includes statements that this activity is within the scope of the program approved earlier, and that program EIR 13-02 adequately describes the activity for the purposes of CEQA Section 15168( c)(2) and (e); 3) the project has no new significant environmental effect not analyzed as significant in the prior EIR 13-02; and 4) none of the circumstances requiring a subsequent or a supplemental EIR under CEQA Guidelines Sections 15162 or 15163 exist. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: SECTION 1: The above recitations are true and correct. SECTION 2: That Chapter 18.51 is added to the Carlsbad Municipal Code to read as follows: Chapter 18.51 Transportation Demand Management 18.51.10 Purpose This chapter establishes policies and guidelines for Transportation Demand Management in the City of Carlsbad that implements the Carlsbad Climate Action Plan (the "CAP"). The purpose of this chapter is to: February 26, 2019 Item #4 Page 11 of 48 1. Reduce single-occupancy vehicle trips and increase alternative mode share among Carlsbad workers to levels indicated in the CAP to meet 2035 greenhouse gas reduction targets. 2. Support citywide efforts to promote multi-modal streets and neighborhoods consistent with the Mobility Element of the General Plan including Livable Streets Guide. 3. Mitigate the effects of increased traffic on city infrastructure and maintain adequate provision of public facilities consistent with the City's Growth Management Plan and Local Facilities Management Plan. 4. Provide more viable travel options and improve health, quality of life, and safety for City of Carlsbad residents and employees. 18.51.20 Authority The City Engineer or designee shall administer this chapter. 18.51.30 Incorporation of Transportation Demand Management Manual by Reference The City Engineer shall establish rules and procedures as necessary to administer this chapter. Such rules and procedures shall be referred to as the "Transportation Demand Management Handbook" ("TDM Handbook") and is incorporated by reference into this chapter. The City Engineer is hereby authorized to modify the TDM Handbook as necessary provided such amendments are consistent with this chapter and state law. Should any provisions ofthe TDM Handbook conflict with any provisions of this chapter, the provisions of this chapter shall control. 18.51.40 Findings This chapter implements the CAP. The requirements of this chapter will help to reduce greenhouse gas emissions associated with motor vehicles through application of strategies and policies to reduce travel demand by shifting single occupancy vehicle trips to alternative modes. 18.51.50 Definitions "Alternative Modes" means all modes of transportation that do not include single-occupancy vehicle trips, including transit, walking, biking, ridesharing and others "Commuter Survey" means paper or electronic survey that includes questions about commuter behaviour, preferences, motivations, and barriers. A commuter survey is typically distributed to establish and monitor mode share at a work site. "Mode share" means percentage of commuters who use different modes of transportation, such as drive-alone, transit, bike, walking, etc. "Single-Occupancy Vehicle (SOV)" means one occupant per vehicle. SOV trips can be used interchangeably with drive-alone or solo driving trips. February 26, 2019 Item #4 Page 12 of 48 "TDM Plan" means strategies and investments to reduce SOV mode share tailored to a specific work-site, including facilities improvements, programs, incentives/disincentives, education, marketing, and outreach. "Transportation Demand Management (TDM)" means strategies, policies, and programs that reduce demand on roadway infrastructure by reducing single-occupancy vehicle trips. 18.51.60 Applicability This chapter, together with the TDM Handbook, shall apply to all non-residential development projects where employees produce a minimum of 110 average daily trips (ADT). Trip generation rates determined as according to the TDM handbook. All projects that are subject to this ordinance shall submit a TDM plan in accordance with the TDM handbook. 18.51.80 Enforcement A. The city manager, or designee, shall investigate and enforce this chapter. Any city authorized personnel or enforcement officer may exercise any enforcement power as set forth in Chapters 1.08 and 1.10 of the Carlsbad Municipal Code. B. Upon approval of the city council, the city manager, or designee, may delegate to or enter into a contract with a local agency or other person to implement and administer any of the provisions of this chapter on behalf of the city. C. TDM amenities approved and installed pursuant to the provisions of this chapter shall be maintained in accordance with the policies and requirements of the TDM Handbook. Failure to do so may be subject to enforcement to the provisions of this section. 18.51.90 Fees An applicant for a project subject to this chapter shall include with the application, all fees established by the city council by resolution to cover the city's cost to review an application, any required TDM documentation package and any other documents that the city staff reviews pursuant to the requirements of this chapter and the TDM Plan and TDM Handbook. February 26, 2019 Item #4 Page 13 of 48 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 26th day of February 2019, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ ~ 2019, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) February 26, 2019 Item #4 Page 14 of 48 REQUEST FOR PROPOSALS Transportation Demand Management Consultant Services THE CITY OF CARLSBAD ENCOURAGES THE PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESSES RFP 19-XX Transportation Demand Management Services Page 1 of 17 RFP Due March 29, 2019 At 5 p.m. February 26, 2019 Item #4 Page 15 of 48 CITY OF CARLSBAD REQUEST FOR PROPOSALS TRANSPORTATION DEMAND MANAGEMENT CONSULTANT SERVICES RFP 19-XX The City of Carlsbad is seeking proposals from qualified firms for professional services to execute transportation demand management (TDM) consultant services in accordance with the city's Citywide TDM plan. The city is seeking a firm with experiencing supporting municipalities with TDM efforts and that can demonstrate quantitative performance in achieving mode shift changes among a large but widely disperse regional employee base. CARLSBAD OVERVIEW {;#,,% Af!Jp Carlsbad is a scenic coastal community located in North S.:~rf,{oieg. o County, 35 miles north of !;@",4fi,?,:½,., downtown San Diego and 54 miles south of the John Wayr1e 'ATrP,ort in Orange County. The 'Wj,:. -,~~'- city's popula~ion is_ 112,310 and covers 39 ~quar~WJ}~,s: 4~ perc~Jf f -~hich is d~dicated to open ~pace, including three lagoons, 46 m1le~/J,l<ing trails and nea.~~~~-ven miles of coastline. . \:•:;t:c-~:.-;b,;;. -;;,<~ }. . , «fiat, The City of Carlsbad is the second la.rgest. high-tect(fmpl·o· v,~~nt hub in the~tf);P.iego region. h . . d I · .,,,,,. '/@',.,,.,_i.:~.,/.0-,✓,,f.;1. T e maJor in ustry c usters in Carls.0A9x~r e: · ~:tf,:j?;(&~' ''~:1./ • •/,~1/~-r,. ',N,}_%, ~~;f.[:i~i:<'.J> ~ ··,~:~;,;~;;; .. • Life Sciences t{~J::~ i' · };~•-. "'½??::-• 'J.1/. ,,,,1/. /,.~ -~/;7,,_ .:,:,,;,. .-,.,,:;;,, 'Y«(0 • Information & Communications t~s~no'10g,y&-:--;,,. '~1tk::, A . s M "'f .. . •d·,• ,@.1,;, .. ,, ½ •, • ct1on ports cl.ny a,cturing ;,;~:. ~:0w/.. •:/.;<;,; ;},1/J, -'?.=::-S•,1W•\> ·• , 0-"c-'9;/'%'';,,-,,( · ~-'I'' • Clean Technologi?-iP;,.,,~*-?~:>. :'.?",. • @~Jg c,;.;;;;7.[f::;• • , .. ,,,iw, ;1, ,..,,.,, , 'o, ;;;·. ·'.&)(5'' · •::fZ1 ,», '· Y'r.~,> '..;y; ,;, •,;~~>'.,~.<'~ ,..,,../'>~?, • Hospitality &·{_glli:ism ··mri; ·,~WP , ,;7 ·. :.0z,,, :'.;1/§,:> ·-:i,,?,J, :~;>~_/>;-.. ✓,.,,.., ¼ ' -'Q'.Z, These industries clusters~.9,EPUfff/9!:,.C?,.;'l$/ 80,000,~,mployees, the majority of which work in Carlsbad's1cgiWi1rtlffoial/indir~Jial~ifcfif1t'cfif'oundini<t lle McClellan-Palomar Airport. Carlsbad is -~,:3';"}////502.ff~;t:,,7, >~J?~;' ''•?}'Th,.. ~,,:;- home l}'1a·ny glol:>'~Mt~t1,~uar{~{t:!_?cluding,:\f~f~f.ffonis Pharmaceuticals, HME Electronics, Callaway;'.Golf and Taylor;Made Golf•. i::bere are significant west coast operations for companies -;;Jf,,;; 'C:::~x•, . ·,·,U-~,z ... like GoDaB'c!lw,Verve, Thermq,P,:isher SNefi:itific, MilliporeSigma, and Adidas Golf. , ~ ,,;,;; ,Y,,'?1;• ' "•.· ~"'.' ,,¾ ~;.:,, ·:w«: The city is serv'efJJJ,r,,t he North·-~),;l nty Tr:;sit District, which operates the Coaster service from San Diego to Oceiri~J,g,.~7 the SP,jfJ,er service from Escondido to Oceanside and the Breeze bus service. There are tw·t~~.~i~7jjfa1ions in Carlsbad, one in the Poinsettia Lane neighborhood and another in Carlsbad VillagW. •;;,:;7 PROJECT OVERVIEW & GOALS The City of Carlsbad has been experiencing significant growth since the 2008 recession, with over 2 million new sq. ft. of commercial/industrial space being added to the industrial core of the city. At the same time, the city has adopted a Climate Action Plan with the goal of reducing greenhouse gas emissions to 1990 levels by 2020 and reducing levels by 20% by 2050. According to the city's calculations, nearly 40% of greenhouse gases are attributed to transportation. The city's adopted Climate Action Plan identifies TDM as an effective strategy to reduce GHG emissions by reducing vehicle miles traveled (VMT). RFP 19-XX Transportation Demand Management Services Page 2 of 17 RFP Due March 29, 2019 At 5 p.m. February 26, 2019 Item #4 Page 16 of 48 The Carlsbad City Council adopted a Citywide TDM Plan that outlines how the city will operationalize TDM in order to achieve GHG reduction targets. TDM will be achieved by addressing transportation demand in the fol lowing areas: • Infrastructure • Regulations & Policies • Guiding Resources • TDM Program fo r existing businesses The city is seeking assistance for qualified firms to support TDM efforts in all areas of the approved plan. Specific services solicited through this proce~s%{e detailed below in Attachment B: Scope of Services. Respondents should expect that if c~(f[;f';part of the contract negotiation will be quantitative performance measures to ensure:;.J{@~{~r:~ delivered that keep the city .... ,.~9 ?~J~ on track to meet GHG reduction targets within th«;zJJpleframes s:(}J,~td in the Climate Action ,,✓,-,7&, ,,:%j;.:, PI an. . ✓,,$?;@ ,,~1,%:,;; ,r-;;~?.fi'/ W,z,, ,,:,,I:,?,~ •~}}.', · .. t?5z~ · !((,t{½ '•t 2 6,;;,f,2,,. CONTENTS OF THE PROPOSAL ·"'?:M-:-,. @,.. 1{j:;;, ' ,7,.;,,,, gj)t;, ~,;«,·: z'%;, ,.:~;:;0:: ;.t:·~, The proposal shall include the follo~~!:lg items in the~9·rd~r-;Ji,?Je'd: . .,·;,:,0,,. :, 74::3~✓,., ,y,,,{{:;f~.p/ 1 ;v ~,.)1/1/U«x~".,,,, ,,~;.-_..,t 1. General -The proposal should be ~~~~it~:;;f ell-orgam?:,,e.,~! .and demonstrate the consultant's qualifications and experience applica&ll to't h:f pfpJect. · · ·7t~. ?'. ~'~ ·-y,, 0✓,..~ 1,,:jf·,, 2. Firm Experience -Provjd.e,a summar/gf'proj;{fffffat,are s.i.¥illrr,in scope (limit to the three 1~~~-z,,.,,,,,. ''',,;1,. ;;;;;:>f'Af>, 'o/.f,, most applicable) to the-type~ot w.ork noted lterein.T li e"st:immary sh ould include client name, -?2? ~r, , ~;;;-~~-'--;:zr,,~,. %f'{k1/)f , ·.-;1.z,.w.,,. description, projectt~".BQI, date t 6,,Q:!_pleted anij~t9J~l ·projecf'tQ,~j; Please provide a client '✓7-1/,h' ,,,~ l/1',l',,'7/?7 reference for each prdj¢,t.h ,, Tx~ '¾i ;?,;;,;;,, ~/,: :;o;o•, ·,;,~ -';;,. ·'&:•·'!',,-,, ,;,;.•,,;,, 3. Project Li~~'U½#.lil ide rn;f&,ff}Jf?1~;~~~1ificatlj;'}s of the key individuals who will be respon~il:>le for•deli.v.er:i,ng these services, t l'1'eir;r;espeetive roles and the organizational structure /.>,;,,,;.;;,:" '"•~."" ;, 'X/"· z:/.•,:',:f.' , •.. of the•,tiJ~.-_Technica r'sueyfrt staff4 ~_ould b~·-1ru:!uded if ~hey wi_ll perform a_ significant role in the prepa~lVf_n of the worl{:?ijrfducts?iJ}i~e firm h~s mult1p~e office~, the office of recor~ for each team member shall be lisfod as wel~as the primary office location where the work 1s to be performed. pf$!~)nclude th~:;~~r,cent ~fflme to be spent on the project by each key individual. -<t//~;;~ ~$1;; $'.',;:,,,;., ''% 4. Project Approac!f;:'s·cope & s d'ffedule-Provide a summary of the firm's proposed approach to the project. Approach~sh_ouJ~fftess efficiency and innovative ways to achieve the scope of '1yx .. ~•w ;:;7,~ work in a cost-effective, ti~J#Y'manner. Provide a statement of time commitment by the firm to this project, justifying the1irm's ability to complete the project within schedule. 5. Cost Proposal -Provide the total direct and indirect costs to complete all tasks identified in the Scope of Work, or as modified by a proposed alternate approach. Include a list of any sub consultants proposed for the project, the scope of work and cost for each sub consultant, and the approximate percentage of the work. RFP 19-XX Transportation Demand Management Services Page 3 of 17 RFP Due March 29, 2019 At 5 p.m. February 26, 2019 Item #4 Page 17 of 48 RESOURCES Prior to submittal of the proposals, the following information is available for review. 1. Carlsbad Climate Action Plan 2. City of Carlsbad Citywide TDM Plan 3. Proposed Carlsbad TDM Ordinance (pending approval) 4. Carlsbad Employee Heat Map http://carlsbadlifeinaction.com/city-of-carlsbad-emplovee-heat-map/ 5. City of Carlsbad Streetlight Data /,,.'f' This data is for trips that began AND ended withi1 tMi1City of Carlsbad geographic /0:--«/'' ~~0 boundary. Also note that the graph data are stacked, an:cl:n,ot overlapping. /.,t~,_ --~/ '~'l.:,;r~ http://carlsbadlife inaction.com/carlsbad-bui:;,park-streetffgfrtcdata/ 6. SAN DAG North County Coastal Graphicl %§.w:?" ',:;W},,;., ~~,?✓,:z;? ',/,:"{,:';;, , This is data provided from the regional:~f,,9 to demonstrate wffe{~;people are coming I,',%-,,~ ,>, <";_ ~•._,.. from who work in the region designated Nof~b Countv.,,Goastal (wherl;!:,(;:arlsbad is 'l~~11;, ,/. ~~-/~·}·.✓ ', &(.-located) .,_;,;;3<, :;;f1:,,hJ.t:/' •,;, ·;: ,;-,}:>.->'., r >,, "1::-:'lZ;~i_.{'f ./ http://carlsbadlifeinaction.co;nf/saudag-north-co1i r.1,fy-coastal-employment/ 'l;;z:,, . ,, »:7':J;-.,. '••?·?;.:;: . . ½'f.';• , ,:, ~<z;.,.l( ,,~:'./, ~ •.• :<-,,J;· 1/%~~" I' . 0.-;:✓i,,. .,, ,' ·-·❖:.?}?::"· ;,;»·· SELECTION PROCEDURE ,;,;/\ <;:>t?.:,, ';W,t~- ,' ,·_ ,1r;;~i~ · "~}f. ~,:~;rz;._,-;;~,., ,_, /0~~>,,. Proposals will be revie'v'.'(ed 9rf~fr;~nked by ·a_,:~·electiorf cp,rprpittee cq,mposed of city staff ,&.«,~4;. ~ .. %.,..10,~-;--.. ✓,~ :-, p~1,/~: .. •~r•?~2;, ,/ members. During th,t,$jaluation~~f~i cess, th'~~s~~'Wt.fee anftJ~; City of Carlsbad reserve the right to request additiq:rj~(inform~,ti~n or clarif,Cq31tion from firms responding to this RFP . All /h ;;?,,-.. _ i%0.~ ~ ~> proposals de,:.~.~-? respon)J¥0,. b~J t1.?}gt~rnittee1.®[ be evaluated using the following criteria (listed in n9}p.ffti;91.Har,ordef ~ij:n'po'rta«se;:o.r:, valui 'p,f rating). / , ... /,/,•/;,1//%''/.?,v {0.l',;.o;>; ·'./,~<--· ... ;.' .-~ ~;, ,:.,.:1.,, ·.,t/-;,,/ ,::;r;.:?:.1/.:-• . .l' • <',~;2:~:•t:., -~~~*,Cb':•. ":><<~$~~.' ---J~;/ /2Yit-:.1;z;/ •.:/.,1;1/,~/4 1//>1'/> %,7y.f7·;;-, • ;;;Jffqposed servif e.$nd metJ:(bcjology '•@_:; ~.,.;;.}t;~ . ··?'if/4,., '-!f~/:~:,. • Overall respons1ven-ess;to request -~~J,$r.__ ft~~-"~1h~;,. • Cost'effectiveness ··:?~ · -:::·1·;:-. W· 'y@ ·,~;,; • Related',ifrterience of ffffh\and project team, as related to this request ·-::,.;7:::-?dz;: ·?f;@;►~-~;: If necessary, and at f~e;sple optf~'.r, of the city, the top firms may be invited to an interview prior to final selectionJ((~tf~selects this approach, sufficient time will be given to the firms to prepare for the intervieWtP Selection will be based upon the consultant's current ability to provide the highest level of quality services that meets the requirements and goals of this RFP, the needs of the city, and provides the best value to the city. The city reserves the right to review client references as part of the evaluation process. Upon ranking of the proposals based on a review of the selection criteria, staff will begin negotiations with the firm as to final scope of work, schedule and price. If staff is unable to RFP 19-XX Transportation Demand Management Services Page 4 of 17 RFP Due March 29, 2019 At 5 p.m. February 26, 2019 Item #4 Page 18 of 48 reach an acceptable agreement with the selected firm, staff will terminate negotiations, and initiate negotiations with the next-ranked firm. Upon conclusion of successfu l negotiations, staff will recommend to the city management that the city enter into the proposed agreement. A copy of the city's professional services agreement is attached for your review. The form of this agreement will not be subject to negotiations; therefore, if you are not able to sign this agreement do not submit a proposal. The City of Carlsbad reserves the right to reject any or all bids or any part of the bid, to waive minor defects or technicalities, to award multiple contracts. /4::Z,;;; .:,'~·:;,;;:,.J /1¼:%' SUBMITTAL: ,'3,f;'.Jff( -:?,'."',{¼,~' ' h :,o/.fV ·1;'.1;5:,, Submit five (5) original copies and one digital copy ofy6uf pr6'po'.sal no later than 5 pm Friday, N; •, 1/ '•;';'/,f';·. Mar. 29, 2019. Please address the submittal to: d_ft .1'ff;::, '~·-~:ft;;;. /./2'W~1/ ''.3/f:;-. P0~~i •, ·1::t·t5-,, CHRISTIE~MARCELLA ·, .;;:;::-. ECONOMIC DEVE(b(M ENT MA~,l~GER :(1)1\.;·;. ,,,,,,_1/.,. ,,-/1//>¼ •.JC ,,,'° CITY OF CARLS.BAD /;#.,:,fY <. j;., COMMUNfi\~& ECONOM'iao{<r{fo PMENT ··~t?: 1-:,Zy. ½'!. 1' . -'.(,:-?'/,?✓., 1635 FA.RADA Y AVENl:JE;. ''•:;., , •C-'0·;,»;, '•,•aj?,. CARLS lf~Df,;CA 92008 ·:::~}?,;-., %"& . :,;~;,; ,,,.,, ·,,,,;;,;;;;-, ~-¼'/•,<',,., ·,:·@'· RFPs received after the speeified time wiHJ;tot be ~on1idered and~ill be returned to the /4',./?,i;>:»?0:•,. ,•ft /::·%#'#/.;: . ., ·,;;;q« consultant. Any queJ,tionJ-·Vcfu~~Y have pe'i:r~ining ~b')lli~\BFI?. ?hould be addressed to Christie ✓• r 0 ~. r,.,;~~/7~? . ~¾{} $..,-!'✓;2;;✓ ·-~01:r~ Marcella via email, C{ir:istie.Marc'ella@carlsbad,fa~gov. Questibris will not be accepted in any , ,i:';1i•r ;~,1?_ '~/f~ other format. Any oth!¥1{0fficer, ag~t, or empl6~e of the City of Carlsbad will not accept verbal questions r egardi~~'fiis RFti'$Afi(questionffE!garding this RFP must be received in writing 4~~27?';7'{:0',4• • "<:, ... ~~,:,•,;,;• ?N•'%:',1f:9?;o,,;,, tt,7:;:;; (via e-mail):Jn'.cflater-::✓than Mar\t l ;'.,'2019. Qu·e·stio,ns anti written responses to these questions ¾:'· il,1}h' •.• :,c:~j :, "-$-_.«.v.: • ""'1jf,~'f,:✓,, ·• will be'.;{ru~aded to ou r,Qt~jite rro:~ttr than rvfaii,':$1 5, 2019. Thank you for your interest and we look fonXfa,'.F.si;to reviewingW ,;y.\prop6'.~!L, ,.ft» ,, '(};, '•«;n' ', 0;t$J~,. t'~i;i¼~ '~».&~~ Sincerely ·1J;,;,._ <t~ -;:;;:%> , .. ;~;(--~/< '~1/~· ,;~?:; s:;% <, ,% ;zr,:: Christie Marcella ,,;;;ft., .fix 1/.;0✓,:,,., )1//,f~ Economic Developmefit.M anag~r '~;:;;i~< ~~-{~; J· •/...//,', '.":I-;.,;,' Attachment "A" Consultaritf.S&lection Schedule Attachment "B" Scope of Work & Deliverables Attachmen t "C" Professional Services Agreement RFP 19-XX Transportation Demand Management Services Page 5 of 17 RFP Due March 29, 2019 At 5 p.m. February 26, 2019 Item #4 Page 19 of 48 Attachment "A" CONSULTANT SELECTION SCHEDULE • Early March 2019-Post RFP on Planet Bids website • March 29, 2019-Proposals from consultants due • Late April 2019-lnterviews of top consultants • May 2019-Selection and notification • • RFP 19-XX Transportation Demand Management Services Page 6 of 17 RFP Due March 29, 2019 At 5 p.m. February 26, 2019 Item #4 Page 20 of 48 Attachment "B" SCOPE OF WORK 1. Review existing TDM ordinance, research and resources. Consultant will meet with city staff and will become well versed in the city's TDM efforts to date. This includes understanding of the TDM ordinance and its applicability, the TDM website, TDM handbook and other city efforts relating to implementation of the city's Climate Action Plan and mobility element of the General Plan. This also inclu~"tthe Sustainable Mobility Plan effort related to city installation of infrastructure to elim)nfiff(aps in an effective multimodal ,if/~~ network. /.f&:, · "~., •,:,,?.? 8@/,, .1/ ~;,, 1/?~, 2. Establish stakeholder advisory committee , /:f!/:: '~{f;£. /~~ '~Y. Working with the city, consultant will form a stJkeholder advisory cd~:rT)ittee that will provide feedback during the initial development of th~·~if\iW,ide TDl\t'!;program. T~\1dvisory committee f "~.I---:~ ,.,. ~ will consist of major employers, regional transportat,i;m age·~ci~s and businesr,"associations . . ·$ ' . , ,;::,5'1/,;y-/41//.;f :« Representatives should represent eg1ployers or industrJ,.esJhat cover the diverse1ndustry :;;:-: ~,{✓r'j.,.~y ... ::, . :,t~~t,~ ' clusters and various employment sch~_2.~.les,.~fJX.~lent in €a,jJ~ad. The purpose of this committee will be to work with the consultarit''a'rio the city fo?,cfe.velop and implement the long "/~:;.;,, f,/ 1/,•· I'/("~-/ ... term governance frameworkthat will ultiffiately le;d 1:'r:rd fina~E~h1 ultimodal mobility services ," 1 , ~✓,~% "., /;, -~ .. ~~;:'✓~-' ~}'.'• throughout the city ,· ,. ,,. · ,,}:-?,,-· ,,.. · ·: f'/·.:» .. ;;,'·;, . ~ .%;'. _.·· '?'✓{! ;,; / Jj: ·:Ct®;, ·,:,C' ~-.,%{,1/,-.. •,0;,,,_ ~?,:/ ❖'. ' 1/•A '·_:%'.'•Y/..-/ // -~{.(/ Note: The city may, by,w ~{ime a re~tract is ex.~c~ted, be leading a pilot program to provide first/last mile transportatio•rts._ser;y!ffes,frp m nearbf transit stations to the city's core industrial ,,__..::,: ··>,~~.--;•., . •;~•~;;..,,-iz%.~~{~ ~~~:-• .i,:~;,~ • park area.around,tlie airport~<lf".;tfie1J1lot pr:ogram IS'U'l)derway, consultant will be expected to ,'•,.,-tf ~/.th,r'.///,1/;f,(1/%';/,,->; ~ 0{1"~;~, . ✓'. ~~•,.:;.,,., •~1~,' work '11/,itn:,tne stakenblqer adviscJ,~'y';;;committee·to de"velop a long term funding and manaJf@~pt structure'ff~yl~ thl lfG'sL~ess co~-rri~nity want to continue service permanently. '~fl}. <-::kr5 ·•.;;;✓¾;. .... ¼-_,,-.,.. ,· I'~, • i'r-1/1/;;~ 3. Update fra.tnework and monJtormg structure for TDM program Consultant wi;;~l~ti!y any gal~ the c~ 1 ~ent TDM resources, including clarifying the nexus between TDM strategte~_a nd r,(d_!.J'c:tion in single occupancy vehicle (SOV) trips. Consultant will ;f::.p /4 :;,¼:,,, also determine the metli9dol9gy to monitor mode share and progress of the TDM program in ~>;y;, 1/,'r,:,, alignment with the city's appfoved Climate Action Plan. While the focus of the TDM program in the approved Climate Action Plan relates to Carlsbad employees, the ultimate goal of the citywide TDM program would be to reduce single occupancy vehicle (SOV) trips among both residents and employees of the city. Consultant will provide an updated framework and monitoring structure to the city and prepare any updates to the TDM handbook as it relates to implementation of the TDM program. 4. Technical review of development plans RFP 19-XX Transportation Demand Management Services Page 7 of 17 RFP Due March 29, 2019 At 5 p.m. February 26, 2019 Item #4 Page 21 of 48 Consultant will be routed TDM plans submitted by the development community and will work with developers to determine the appropriate strategies given the project context. Consultant will use expertise and best practices related to approve TDM plans that will fulfill the goals of the TDM ordinance and meet the city's greenhouse gas reduction targets. 5. Ongoing monitoring of approved TOM plans Once TDM plans are approved related to development projects, consultant will monitor to ensure that any follow ups or updates to initial TDM plans are made and executed. Specifically, when speculative or shell nonresidential developments are approved with TDM plans through the discretionary and building process, consultant will monit~~-ffuure building permits to ensure that tenants of those buildings adopt appropriate;:rpi strategies based on their ,/@)V '❖':;,'/4 Consultant will monitor approved TDM plans for foll~J~p anJ'Jtat~ation according to the / ~.,. ·~..;,',/,, monitoring program developed in Task 3 above{,, / ··:/~:.. ff 1/~-~., ·, ·-~~ i•. 6. Outreach to existing business community~:<$-\··, .. _ ··'<'fl::;. ·. ',/;.-, .-;1/,('··. , ,//,-❖ ..... In conjunction with city staff, consu!_t~.~t will develop}r?1~6~t ,outreach progr~ .. WJo existing businesses. City staff will work witt{coB~ultant to devel9p,a,,prioritization plan starting with ~,:?~.:,f ;' . ~.. ' ,❖:.?<.' businesses that voluntarily demonstr~.t~ int¢,r:.!,,st and the' city(~ largest employers. Consultant -~?.,~1/ ..: .. &; Zf(,...-► ,,'// ,,,:-, . will be prepared to adhere to annual perform·fn~e'.·measuresr;~lated to approved TDM plans for . . . :,j , . ·/ 1;, ,. : . ·-:?.~;/,;;., existing businesses. ,,; :::;,;... ~, :. 1. · ,., ·-:-:.,;•,:-,_ 1/J:' i', ~,,-1/1?,, / /,• ' ✓%7 />1/,,/, . ,,.✓ A -.~-:U-J/};.-. ~ ··; /(W».-,::;;,.,,. ·::-t; • y ;' '.,'· ~.,. .. :.r~,.,,,. .:'l,..,_ ~-,,.. , -"?:!' . , 5;> :.>1. ~. In addition to targetw ~~usinesS'<?,}J}feach, COl);~/~~£vwill dev~lp p appropriate marketing materials in digital ari~\>rint formltand identif'{outreach events that serve as opportunities to 1/ -~-.•. ::z, inform employers aboufth·e;TDM:pt9gram and ifs b_enefits to their businesses and employees. . ''/"'>:(~'?5~{?·,.. ',,.:~ --❖~-.:::-;:~;¾~<:$~~~< .. -:: /'./, -~ ~.;?;:i'/,,;Jm,:;; ·.: ',;, ',' ;,µ ' . / ,,, ., ·'> 7. Progr,am;l){on itoi:i,ng a_nd m~in~lj!nance· ·--1l?f,3.i;;;:, · /? ~~~~~~~---._., :?, ,:, . ·/. J~ • ✓i.~z~ .• 'ti,% ''/ : -0~--✓ ,,✓, ;, Consulta"rit,~will execute thebitywicie.fuonitoring and maintenance of the program in accordance ~-¾'. ~~-. :;{:,:>::,. "❖,o;f~; with the fr~~~'C'ork develop~~~s part~[Tf.sk 3 above. The city expects this monitoring to include surveys~6f. statistical sigiljficance as"well as updates on the status of approved TDM ,{%.1: Y. .«-plans and their eff~fti,veness. fW; ~ < ,.·;;i. "• 1:?.?, ,• Consultant will meet in person'brvia conference call at least once per month to discuss the ~,, ,I ~ c,;,,, /. status of the program and:_otig6ing efforts. •/y/ Consultant will be expected to provide updates to the TDM Handbook and any digital materials to ensure that resources available to the business community are up to date. RFP 19-XX Transportation Demand Management Services Page 8 of 17 RFP Due March 29, 2019 At 5 p.m. February 26, 2019 Item #4 Page 22 of 48 Attachment "C" SAMPLE AGREEMENT, DO NOT COMPLETE AT THIS TIME AGREEMENT FOR {INSERT TYPE OF PROFESSIONAL SERVICES) SERVICES {NAME OF CONTRACTOR) THIS AGREEMENT is made and entered into as of the ______ day of 20_, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"}, and __________ _, a---,-----~ ("Contractor"). RECITALS Ali} /,////,;,/:lf' A. City requires the professional services ~f ..... ~.,..,.~.,....:t,;..,.:,-... ------------- that is experienced in ________ . :f;{:;:f ·:.;;~J,:,:, ,. ··?·''l '•/.xi:t: B. Contractor has the necessary ex~~tj'tl_l ce in provigJJ:lg professional services and d . I t d t ,,, i:w " ,,,. a vice re a e o .,:;,.;•):;':y -~4:~,, /,Y//,."'.;•~1/' //, ~,;,,.,.,. C. Contractor has submitted a pro1tosal to City and has affi i:;l'T;led its willingness and . . '~.-:J:;.0-~ ';;~~i✓. ability to perform such work. ?}1i:-. -'> :•,%~.,,. ,'./?'./.,~ ,.','/:$(.-:,. '<-;,,)i~ . \ b ;,,,. / ;%~✓...~;::? 'f'~~~,. ,, ', ,.);'.v,::>,;,,-,,,.-0,:}. . . ,,ft;, . '\:.,,:;>f/:•--:f/1;.f,y// 1;-;;/r, . NOW, THEREFORE, in cons1derat19 n of these remtals~and the mutual covenants contained '✓½/,,;: :~ ... ;;,./2,. ·1~,;~%',,y herein, City and Contractor agree as'f§'UoWj;:;;,.,, '-.~~:~; • -~ ,_0/?,,.;,'.,1' -/.. /,''/: '?!,% •:t;?~fi;:;~A. ',;,;w~~ 10' ·-~ ,~'.'h;;,. ,,~;:'l;:, 1 SCOPE OF WORK •:,,;t, ,;:,,y1,:::'•. ·::S-Pc. 0 .;:;_;:""'----"--"--'----'-'-"-~ J ·J"·· ~.<,,{} <~•~,.l'i.~~-,. ~t//~'/:~ City retains Contracto@fct ~~iform, an~l°~kontra~i~fJ'f gr;e~s tcSf:1.-ender, those services (the • •;,-;·❖• ::~-' ,:,.,-~ ~<•;;·,//~,,.. f:,,,.~. /',~/-;*✓ ~~,;✓.,0);'~❖,:--. • • "Services") th~t ar~•-:iftned in at},fhed Exfi'.!~,l;tJ~t wh1cn<1sf!:i corporated by this reference in accordance with this Agreement's<terms and co.nd1t1ons. -~i%~;-, t@ -,:~/ <~;,-;;·>. wz.;,,,_, ·, -f,:<,,;, H ... -,.,~'?/>:•,_ 4,,Y½~"r?Z/f?'>-:, ·•/,.~~~. 2. STA_Nf?~RD·QF PERF~RMJXN€E~1Jg✓,-,,~,,. '·;:-~7,?,,. While petf6fffifriftiif'.,Ser;:vice s;e8ntractof &'n(exereisi the reasonable professional care and skil l Yf ./;,W ,,'._'.,-'/.};,~ . ~(A, --,:::zy;,;;:_:;$. custorha:rU.v exercised ·oy;!;'.q,iputaijle:-members~of Contractor's profession practicing in the ·,,/ ~" / /..-:--./~-. •;;..,~_;.~. Metropolil{.?,;;,Southern Cali{~f,~ia Ar'(~;,lnd will use reasonable diligence and best judgment while exercisiJig-its professioh$1·skill ana1.Efxpertise . . ;~_0;3'1/,, '·(.-fi~ . ~:"' ~-::;A~:--._ t:;1/1·1• -~{,t:: '. ::;,: /,; 3 TERM -:,cy\. i;i;,:i;,: • --',;'.,t;?-~;, _;;%<~ The term of this Agree"rn~nt wi.lt be effective for a period of ____ from the date first above written. The City Manag~f?rfi~:w:~mend the Agreement to extend it for additional ·,,;¼~· ----- year periods or parts thereof:'Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. RFP 19-XX Transportation Demand Management Services Page 9 of 17 RFP Due March 29, 2019 At 5 p.m. February 26, 2019 Item #4 Page 23 of 48 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be ______ dollars ($ ____ }. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed __________________ dollars($ ____ } per Agreement year. The City reserves the right to withhold a ten percent (10%} retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as out(l~Efin attached Exhibit "A". ,,d,:::;;;7 ~1~~tJ,&l1 6. STATUS OF CONTRACTOR mt?:;q;i'.;;., 1/.-',>x,;::;,1/ '~;..:~- Contractor will perform the Services in Contractor's own way'af an independent contractor and / ~ ,,., 'f,(,:'ij. in pursuit of Contra~tor's independent calling, a2~;~jt as an _emp'loY;~t,of _City. Contra~tor ~ill be under control of City only as to the result tof owaccomplished, out ;V'(III consult with City as <0~21,,7 ''/--::, h nece_ssary. The persons use_d by Contractor tc:i Pf]r,ide service_s under thi~J}9,~,eement will not be considered employees of City for any purposes. ~:%J-, {t» ''¾}?;, ·~:::-;.: . ,.~,::-57 '•,,, ~/. ,:®;.;-~1~ti;;;:tt}f' ··:it The payment made to Contractor?p):.1.rsuant to the Agreement will be the full and complete ':1-':r:·~,.~-f~;Y,;.-//(/,-❖ compensation to which Contractor 'i.sMntt$!~i;,; City will{!1,9} make any federal or state tax withholdings on behalf of Contractor or\its agiiil ;:employees;;t>r .subcontractors. City will not be • ~-• '1~:W,f;;;;., "if:~?,., . . required to pay any work,7Js\c9mpensat10;Q4~nsuran'<:~/H~,L.1nemplq,Jr,r:!;1ent contributions on behalf f . /.Ml W1x-· ?, . b ,,/;;'b / -;,-:;;r.,,;r;:~,. ,;9 / . d "f . . h' o Contractor or its ,,~IJ!R.ove·e~fo~. su cont.fj,!;tor~;~~~f>ntr;c;19tq~ agrees to in emni y City wit in • ,;,'/'ij }J;j .. ~,:,,.,-. 1/' ~'!.;-,. ,,~9f/½'/'. ..,.«/....; ~,'lr. . . thirty (30} days fo"i.l-~Y tax, r~r,ement c,e»1§,i 0ut1on, soc113I security, overtime payment, unemployment paymenf 0r workef:'s\compensatiP'.n payment which City may be required to make ,,..,., __ /_,>x «'!-_ ;, r.,,.x?2 on behalf o~.SWJ~~ctor or(,ttf1,~~JJ;~~f oyeef1Jl ubcontractor of Contractor for work done under this ~gteemefht. At t ~City~ eTe'cttqi:'it,City ma5i deduct the indemnification amount from ~:f.(.,I, ;,)'/.f-• -~-~ :/,!.-;>,;1/,~ 'f.t? i :;~~j •,i , ✓,~>'."½~:,.->". _ _ l~'. ;· any balance56wing tcfe'6ntractor{($i';:,,, -,;:::;,t,t;a:-,, ,_, rt@¥_· ·<❖t}J;;;, ~~;.-1rx <~*:~(? ,,~ .,,,.,,i)·, :::,7,11/ ·,;7.✓❖;--·~. <,,::,✓/»~ -✓~tXf~?i 7. SUBG.ONTRACTING'i)JJJi:c 1~N~:, Contractor ~f6l).Q! subcontrat\lny portfft:'of the Services without prior written approval of City. '1-h~"'X· ,z.~. If Contractor sul:HWJJlracts any ~f!,he Services, Contractor will be fully responsible to City for the acts and omissions'Qf;~pntractpf{~ subcontractor and of the persons either directly or indirectly employed by the sub(J~tract6t,;%s Contractor is for the acts and omissions of persons directly '0.;.❖1//,' ,.;;--:;:~ /-P.' employed by Contractor:i Notning contained in this Agreement will create any contractual ,,,,.,;,y relationship between any sabcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. RFP 19-XX Transportation Demand Management Services Page 10 of 17 RFP Due March 29, 2019 At 5 p.m, February 26, 2019 Item #4 Page 24 of 48 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purftoses of this section, and that this section will survive the expiration or early termination ofJ ni~J.Xireement. ,. ,,._ ,;.~-;7,(,v/-:; 0":~,,%:. :,,;.,,✓, ··h·0-; 10. INSURANCE , , r,~:• '?fk, /;~ , ,fffe/2·;, Contractor will obtain and maintain for th1/d~tation of the·t ~~f ~_ement and any and all amendments, insurance against claims for injuries!(o persons or dam,r ge to property which may ,1' "/ • '.,I arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subconti-a't fors. The,fr1surance will be·,obtained from an •, ~,..;;._ h ,,.., ,,r ,i/ ,,.r/·, insurance carrier admitted and authorized to do busihess)n)f,ie'State of Califor:nia. The insurance :5{' ~. "<· /",1-' /r;,;Y ;/ ·--;,;~ carrier is required to have a curren(~~Jt~~ Key Rating ofr9~(less than "A-:VII"; OR with a surplus line insurer on the State of California'f ~·ist'of Approved Sutg[y2 Line Insurers (LASLI) with a rating '// /7,.. -~~ ,, ~,,_ ,~:.:.;,-,-,,.r' in the latest Best's Key Rating Guide of at:l~ast,:f'A':~:,'.;_OR an 'aUer-1 non-admitted insurer listed by the National Association of. lns,urance ccifhtnJssiol~fi'(N_AIC) lat~it::quarterly listings report. / , ,,';,• .I;,~ 4,;,;,;;:,;,'~ -::, ·{:;? ;, /' ~ .,.:-;,. ~-.';:•.. ~~:,...,.,. ~ffi@;-·, _;;;::,~~ ,, ~./ /:,-· c::;,t::·· ... ~ ·· A~~r 'h ·},. 10.1 Coverage an'd,Limits. .::~} ,,::•:, Wy ·,:::-:t~:- ,,...,,R> ''I z' Contractor will maintai6 t he typef.of coverage ·~r{d minimum limits indicated below, unless the 1, '/ <-:.✓.~· . ,:, Risk Manager Pf _City Mah~g~_r a.APr'{tyes,a lower 9rpount. These minimum amounts of coverage will not SJftf{~y~;i2Y)~~i1:at)~~f tfift(qJ1,c;.?.nti ~:{~r's indemnificatio~ obligations_ u~der this AgreementPc'.:1ty, its off1e:ers, age q~?•.;md employe~~ make no representation that the limits of the U',.1.y,: .. ,,/~: c:;,%'.:,;;,, •,•:,,?';, insura ne~§.specified to Be%~~Jried<oy;;sontractor pursuant to this Agreement are adequate to protect c'oiftJ\~,ctor. If Contratf?,.r beliey~~ that any required insurance coverage is inadequate, Contractor Wil,l;o);>tain such ~1dditional ·,«s~rance coverage, as Contractor deems adequate, at Contractor's s~'iltxpense. Th~,:{J 11 limits available to the named insured shall also be available and applicable to th'~ ~ity as an:~~,.ditional insured. /,,. ,,~",, ,, .-1:. :-:,,· 10.1.1 Commer~;~,<G{6eral Liability (CGL) Insurance. Insurance written on an "occurrence" bas is, includinf personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shal l be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. RFP 19-XX Transportation Demand Management Services Page 11 of 17 RFP Due March 29, 2019 At 5 p.m. February 26, 2019 Item #4 Page 25 of 48 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the folloJ ri'g provisions: d:f?!f~ 10.2.1 The City will be named as an additionakiifgtf~dp n Commercial General Liability (;t:"{@'' , ,:.;;½, which shall provide primary coverage to the City. ,. ',% 11,;$-,,, ,½·~ . ·,:1/~ /.//,' .;; ";z:.i(,:•✓ mi' 1/•'• ✓,,~;,:. 10.2.2 Contractor will obtain occurrenci~hlfe°rage, excludi~g.,..P'fofessional Liability, which . (,{;/½ 7' .,,;:3&'::,:. will be written as claims-made coverage. ·•,:i;,7;:, '-10'~(;?,,. '1':;;;,;i: . . '?·:¾'· :;;;;::r» -:?il ·-~,:.,.,, ~ ... 1-½'.~.f .){,~~--,:;~,; <;:/•~9 10.2.3 This insurance will be in.force duringth~dife~6ftne Agreement'afrd.any extensions .1'//~~/·-,,. _ -r,✓~/;'~t?~j!,/4 ,..,~~;> of it and will not be canceled without t.n.f~Y.,(30) days pt-i9)'-;,,vvritten notice to City sent by certified :,,;,x .;;;:,,, ,. ,,,, •,11/0:' mail pursuant to the Notice provisiori's,:eft'htf~9f eement:<1J.:\". y~ . ,:;f;f:;::«·,.. ·,~,;1/,(,-❖ •::0[~. '·0;;>t;;;,:c, ''1:-."✓,;, 1"6:•.%'• /,%;..;;-'1/',(,;,A~ '1:'~~~ 10.3 ProvidingJ;er,tificates of lri'sur:ance ana~'2ndorsements. Prior to City's execution of this Agreement, Cont~~fil'{if\Jf(l{urnish certi~~ate?,.~i;,{rffura,n<;:,e a·ncfendorsements to City. ~f" ·•:1Ja ·lt;,;,/,.tJt#/ '•i\~~ •1/,~~-• ~? t '//X7,7,f/" •-0./ 10.4 Failure to M;i1fi~1n Covef~Ue. If Co~W~~or fails to ~aintain any of these insurance coverages, then City wii't ffave tHi1'<Yntion to cft3iare Contractor in breach, or may purchase replaceme.·.nl.;,r@crfa.·"'nce. o .. r ~/~Jrfi l :iMfdffi·~Jhat ~fittue on existing policies in order to maintain ,✓,0;:.:>;,;-;,;,»•"''',,",;w,',pz . ·,~y.,, '1/~A, ''>i,/' . the regt,tJcf coveragef t::r~gntra·c(~,t),~ responsl!JJ/6; any payments made by City to obtain or maint~i~£1h~urance and Git'i'3may to;lfE:!,ct these pa·yments from Contractor or deduct the amount . ..?.;;;, ,,, ·,:,; 9f, :::;i½: •:•. • paid from a,~~~-ms due Con~{l!or un~t~~J_h1s Agreement . . if;;;~;;,, ·~:,-~ ¼? 10.5 Submisfi'f&of lnsuranc~olicies. City reserves the right to require, at any time, complete and certified copi~~f&t}any or alffftquired insurance policies and endorsements. ·~~~.r;;i?.·:;, (}Ji:,? 11. BUSINESS LICE·:1rl? Contractor will obtain and ·maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all RFP 19-XX Transportation Demand Management Services Page 12 of 17 RFP Due March 29, 2019 At 5 p.m. February 26, 2019 Item #4 Page 26 of 48 work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. /~%,>/ /~.-~:.;.f~ 14. COPYRIGHTS 4f}}7 ~jf( Contractor agrees that all copyrights that arise fro9:3p}-ef1'.s,~~Y,!,ces will be vested in City and Contractor relinquishes all claims to the copyrights in fa)ior of City. , " ~~-:;; (',.%,:3\ .1/.;,,, , ·,;, 1/ ' .,✓,,., 0•;: ':? ~:::;= 15. NOTICES . /_;,, 1/. . . ',\, ,\»:-. . . The name of the persons who are authorized t,o:g1ve written notice or tQ;rece1ve written notice on behalf of City and on behalf of Contractor un'der this Agree·n;ient. ·,~ ~~i«-2 , For City Name Title Department '"/.,:,, ,I' City of dri~bad .... .,,.0.,?· Address .,.,:~f;-~<-: / $$,'( -~~ , ,:;t· Jf:'."-'j( .J.:{*;;,,~;;,, 1,;f1;;?,'r Phone No. '•/0.'')$, '2-XlZ~ '~,~;;/.? '<-(;, ~;;~, fE.J,;!~ o~z, -:>;,z;':I. '',).t Each party ~tl,notify the otn~immedfif~ly of any changes of address that would require any ·1,;j/, 'AA: .,, notice or delivery-to be directed to another address . . 1 X ·;;?~; «,_,, ;,:,, . ., •,, ... ;j{', 1G. CONFLICT ol 1NTEREsiifr,i' Contractor shall file a cis'n>ftf{§J@'t Interest Statement with the City Clerk in accordance with the •,;;,;, Yr requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes D No D 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed offed era I, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, RFP 19-XX Transportation Demand Management Services Page 13 of 17 RFP Due March 29, 2019 Ats p.m. February 26, 2019 Item #4 Page 27 of 48 ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and fede,ri l)aws and regulations prohibiting -·/i1;Y discrimination and harassment. 4,(-'~'/J :¼ffei:-,. ,,::;J:lf!' *r*;· 19. DISPUTE RESOLUTION ,4';;; ·%i' -:<,~:@}/• ... If a dispute should arise regarding the performan·i:e·:of the Services,tbe following procedure will ,,( 1/. ·:-:0;, be used to resolve any questions of fact or iJ,1terpretation not other\~is,e settled by agreement between the parties. Representatives of Contr.~cJ9; or City will reducE/sic.~;;,;questions, and their respective views, to writing. A copy of such docum~ht~d dis11~te_will be forWftg~d to both parties . , /, ;,:· ">":% . ¼ ·'· involved along with recommended .methods of re·sollitiorW wliich would be\:Wbenefit to both f:,j;; ;, . . (✓, ;,,, . , :%7' ,,.,,,u parties. The representative receivin"g~tne:letter will reply to/the letter along with a recommended -1/'..IJ;:; ... <@.·//,,. ·<.:~~:✓.-" method of resolution within ten TlOt·o·usiness days:?lf:"5Jhe resolution thus obtained is {, '>'?✓, ".,:'?/~.1//,;,~ ' .. /.;'%;;-,,. unsatisfactory to the aggrieved party, a'!¢tter outlrnir:,g the dispu_t.~s will be forwarded to the City Manager. The City Man,ager,will considJ {t he fadsia}:ia.,soluti6Ht rE?commended by each party ,(,''" /./,,(,~~),> ~/ •. /.✓, , .;I .• ··o',;,, and may then opt ~;~ir:ed7a1f otution to?t he ~~91ftm'7:d~J~~h cases, the action of the City Manager will be bihqing upon ''tl:fe-parties involved, althougb-1• nothing in this procedure will -<:, •,' /@ ,, . ;, ,, ;/ prohibit the parties frorp s.eeking rertiedies availaoJe to them at law . .,., ·,· . j,r;;.':,;,: </,// . . -:%~;,;,;., / '.•.•, ·:,' , . . ,;, 1///✓ _,/2: I' :,;;z-~_h,'/ .-:, ,:,;,;.. ,,., «_r1-';;'?,:::;;;?,-;• • v'.;;~k0i,:~~~:3('.•:i3';::-:.;,:; 1//,,;J, 20 TERMINATION. ''-;,l/':,:..-;1 •, '.,,; .:·, ·;,';:.;: In ~he eJtKP~t t-h~''c:g~t'ract~/{{fr~Hure to ~~b-~~cu;~,.deliver, or perform the Services, City may ~/jf,~z.c.:· '"<¼ / ~<,.%¼1/.. ✓-~., '/I) . terminate~.this Agreement-Jar nonpeHormance by notifying Contractor by certified mail of the . ",:$'~~, . J~'l}/'). --~:..:~;~~~ • . . . termmat1onJ.;:~:-,_ If City decrd!:!$;, to ab~n,;gpn or indefinitely postpone the work or services contemplat~~Z~)V his Agree ~g,t, City\f:fv terminate this Agreement upon written notice to Contractor. Upo6f-notification of termination, Gontractor has five (5) business days to deliver any ·V"' j,)' ~ 0,½>' documents owned 15y City and ,a·IFwork in progress to City address contained in this Agreement. City will make a deterhlinaJion~i Hact based upon the work product delivered to City and of the percentage of work that ccf ~t{iftor has performed which is usable and of worth to City in having the Agreement completed. ·ifased upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty {30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. RFP 19-XX Transportation Demand Management Services Page 14 of 17 RFP Due March 29, 2019 At 5 p.m. February 26, 2019 Item #4 Page 28 of 48 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fe{~gift, or contingent fee. / _,, .1/./,' /, ''-/,// /;-·•:r 22. CLAIMS AND LAWSUITS ~;@it}f,. />/, > ;f(./ )j~}? By signing this Agreement, Contractor agrees that ,a.ny>~greeme9,t._claim submitted to City must 1/f',•, X,,. be asserted as part of the Agreement proce~s .. ay set forth in /this Agreement and not in anticipation of litigation or in conjunction with lit i~tion. Contracto.di'c,!<riowledges that if a false claim is submitted to City, it may be considere'cf(raud and Contractor nf'{y be subject to criminal prosecution. Contractor acknowledges that Calif6rnia Govenfm.ent Code sectipns 12650 et seq., ,, • ,. _, ;,tij>"..-;, , ., the False Claims Act applies to this.1-?~~ement and, proyi_1✓,e$Hor civil penalti'e.*j r here a person knowingly submits a false claim td %fp!ibJi.c entity. Thefse provisions include false claims made , .§/·r-~~~~/?,,..;, ~I 1/.;., with deliberate ignorance of the falsl'.\nform'ation or in reckless disregard of the truth or falsity (·' 1/,.-'t .,. 1/. , '0-1,•,,,.,,,# of information. If City seeks to recover pi{r:ialties~:'~ursuant toYi{e:False Claims Act, it is entitled to ''Ii,-;..;:½ .-:r,; Jc ,. •• ~,/;;,", recover its litigation costs,:induding attor~y's fees:' Cont~acto r"a~kriowledges that the filing of a y❖ ... 1/, .. (%/8'~/..,., . ,_ :.: ·.>://-r, -~!1/.r(1' false claim may subj~ct~Q,ontr,f~tW to an ad_mtnistrative 'df b9r.~ent proceeding as the result of . ,.;·•'-1/0: ·.;;:; .. ~:, •. . ½/,. ./ •,•. •'•,. . . which Contractor may be prevent~-cl. to act as a-(?qntractor on ;3ny public work or improvement ·•,1/~·-. '0:· . ·; . 1/,'f/. for a period of up to f1vif (~) yearsf:c;ontractor tac.~nowledges debarment by another jurisdiction //,;_(~/.... &/,y ·1/ ~ is grounds for City to terminate thi-g:;Agr;.eement. •;;;p ... ){.··i~;t:·i:~~ ~~~/.;~ ~:. /J;:?iffeJ ;1 ~;::::_,.@::;r.•.. ✓ .> / ~~::i=i j;',;,/. ~10;,,.., -~ .. f ,: ··~,5• '-½,' ~'. /' • ,,_.,,, .. 1/b'7,,•,';,. • ·,,. '5:::';1//Z?,'.•. .,,.,., 23. ::(JURISDICTION ANO VENUEi .. , ::;i%;,: •-•',•.-'//,.., .. q,., :,,-> /,,',~·.:, '•'t'I'",/ Any actiq~·-9t law or in etj'u_ityzbrougl:if by either ofthe parties for the purpose of enforcing a right or rights "ttjvided for by t hi(Agreenftf{i·Y,Yill be tried in a court of competent jurisdiction in the County of Sa'~:)~iego, State of&~Jifornia}f~d the parties waive all provisions of law providing for •,,@-·· 'l,:•,0 a change of ven'tie}r:i;;-,these pros;i~ings to any other county. ·-... ✓.~-✓,•·A // / x . .......... 1/)> 7,1/W-,,1,,;;:✓-?';-:, £-.;, 1 24. SUCCESSORS AND-ASSIGN'S It is mutually understo6dt'~nd agreed that this Agreement will be binding upon City and .. 9,.1' Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor RFP 19-XX Transportation Demand Management Services Page 15 of 17 RFP Due March 29, 2019 At 5 p.m. February 26, 2019 Item #4 Page 29 of 48 any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: (sign here) By: APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: --------------Assistant City Attorney RFP 19-XX Transportation Demand Management Services CITY OF CARLSBAD, a municipal corporation /:.; of the,:Stat:e of California ///. 1✓ By/:~j?ft! ,,,AW#~,,, Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Page 16 of 17 RFP Due March 29, 2019 At 5 p.m. February 26, 2019 Item #4 Page 30 of 48 EXHIBIT "A" SCOPE OF SERVICES Itemized List of what Contractor will do for City and at what price. RFP 19-XX Transportation Demand Management Services Page 17 of 17 RFP Due March 29, 2019 AtS p.m. February 26, 2019 Item #4 Page 31 of 48 To the members ofthe: CITY COUNCIL / A~~ CA_ii<;c_i/ j Date CM _J_ CCOO _'_ Council Memorandum Feb.26,2019 To: From: Via: f\ Honorable Mayor Hall and Members of the City Council ftg,r Gary T. Barberio, Assistant City Manager ~ Scott Chadwick, City Manager {cityof Carlsbad Re: Responses to Questions from February 25 City Council Briefings Agenda Item No. 2 -Agreements with Northstar Utilities Solutions and Invoice Cloud for Utility Billing System Upgrade an d Payment Services Question 1: Per our CMC, why was this not pursued through a RFP process? Answer: An RFP process was not used as the city is upgrading software it already has a license for from the company that created the software. The software upgrade can only be obtained from the company that created the software. During the contract process, city IT staff investigated whether the upgrade could be obtained from any other source and was unable to find any other vendors. Therefore, the city IT Department is bringing forward the contracts for City Council consideration pursuant to CMC 3.28.060{A)(2), as there is only one firm that can reasonably provide the services. Agenda Item No. 3 -Energy Conservation and Electric Vehicle Charging Infrastructure Ordinances Question 1: Please provide the link to the costing and technical studies referenced. Answer: http://carlsbadca.gov/services/depts/pw/environment/cap/ordinances.asp Question 2: What outreach specifically to residents was con ducted? Answer: Two of the proposed CAP ordinances affect residents directly, t he energy efficiency and EV charging ordinances. Based on past permit data, the number of projects that would meet the thresho ld in a typical year is between 30 and 50. Since it was not possible.to identify those residents potentially considering major remodels in the future, the project team prepared informational materials about the proposed ordinances and made them available on the city website, at the Faraday Center building counter, the City Clerk's Office and Dove Library. In addition, the project team reached out to the architects, builders and contractors who have worked with residents on projects of this size in recent years and who generally do business in Carlsba d. City Manager's Office City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t February 26, 2019 Item #4 Page 32 of 48 Honorable Mayor Hall and Members of the City Council Feb.26,2019 Page 2 Agenda Item No. 4-Citywide Transportation Demand Management Plan Question 1: What are the results from the city employees' survey with iCommute last year? Answer: The.survey with iCommute of city employees was conducted in 2016. Some highlights of the results include: 1. 146 of 168 people who responded to the question said they drive alone 4 or 5 days a week 2. Just over 66% of people who responded to the question stated they would be willing to try a different commute choice to get to/from work. Of the commuting options, respondents could choose multiple alternative modes of transportation, and results are below: • Carpool (48.7%) • Bike (40.3%) • Vanpool (31.1%) • COASTER (26.9%} • Bus (13.4%) • Trolley-presumably to other transit (10.9%) • Walk (9.2%) 3. When asked why they drive alone the majority of the time, the top three reasons chosen (each participant was asked to choose up to three reasons) were: • I need to run errands before or after work • I don't have anyone to carpool/van pool with • I have an irregular work schedule Question 2: What is the status of the Trolley Feasibility Study and timeline? Answer: Staff from the Transportation Division of Public Works are working with the consultant to finalize the Phase 1 and 2 analyses and expect to present the results to City Council and request further direction within three months. Question 3: What examples do we have from other agencies that have already adopted TDM ordinances? Answer: In developing the TDM ordinance, consultants looked at other examples of TDM ordinances and programs. Contra Costa County in California adopted a TDM ordinance in 1997. Data related to the ordinance was not available. However, the county's voluntary employer program 511 Contra Costa recorded impacts of their voluntary TDM program and cited the countywide van pool February 26, 2019 Item #4 Page 33 of 48 Honorable Mayor Hall and Members of the City Council Feb.26,2019 Page 3 program as reducing 1,001,160 vehicle miles in FY 2007 /8, and programs that focused on employer-based trip reduction reduced 15,317,880 vehicle miles in FY 2007 /8. Another example, Arlington County, VA, established their TDM program, Arlington County Commuter Services, in 1989 and was updated in 2013. The TDM strategic plan reports that between 2001-2010, single occupancy vehicle trips within the region dropped by 9% for those that live in the region, and 6% for those that commute into the region. Their programs helped shift 42,000 single occupancy vehicle trips to transit, carpool, walking and bicycling as reported in FY 2013. These results, along with others, are contained in a TDM best practices document prepared for the city by a SAN DAG consultant to assist in development of the TDM ordinances. Other cities included in the analysis include Santa Monica, Seattle, San Francisco, Cambridge, and Alexandria. cc: Celia Brewer, City Attorney Elaine Lu key, Chief Operations Officer February 26, 2019 Item #4 Page 34 of 48 1: ~ DELANO & DELANO VIA E-MAIL City Council c/o City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Febru~y 26, 2019 All Receive -Agenda It For the Information of the: C_ITY COUNOL / Ac_ty1 L. CA ✓ CC Date~ CM°Z COOL Re: City Council Meeting February 26, 20 19, Agenda Item No. 4: Proposed Citywide Transportation Demand Management Plan and Program Dear Honorable Members of the City Council: This letter is submitted on behalf of North County Advocates ("NCA") in connection with the proposed resolution to approve a Citywide Transportation Demand Management ("Citywide TDM") Plan and authorize the issuance of a request for proposals for consultant services to implement the TDM program, and the proposed resolution to add Chapter 18.51, Transportation Demand Management, to Title 18 of the Carlsbad Municipal Code. NCA supports the City of Carlsbad's ("City") efforts to reduce greenhouse gas (''GHG") emissions by improving transportation strategies within the City. A well designed Citywide TDM Plan is a key component to ensure that the City is successful in implementing its alternative transportation strategies and reducing its GHG emissions to meet"t.b.e goals set forth in the City's Climate Action Plan ("CAP"). The proposed Citywide TDM Plan is a municipal TDM plan. SANDAG's description of such plans explains: · · A Municipal TDM Plan outlines specific goals and policies for reducing [single occ1:1p~t vehj.cJe]_trips and their impacts. These plan~ expand qpqn. the broad TDM goals and policies laid out in the general plan and identify specific programs, projects, and funding for implementation. TDM plans typically establish vehicle trip reduction goals for specific land uses and outline actions for attaining those goals. SANDAG, Integrating Transportation Demand Management Into the Planning and Developmerzt Proces_s, (2012) _at·9 ("SANDAG TDM Guide"). Th~ Cicy ha$ an excellent opportunity to de~ign an effe~Hve and strong policy document that wi.U. guide the City's ' . ,,• C • February 26, 2019 Item #4 Page 35 of 48 City of Carlsbad City Council February 26, 2019 Page 2 of 6 implementation of transportation strategies in the foreseeable future. Accordingly, the City should ensure that all aspects of the current process are carefully thought out and executed. NCA wishes to provide that following comments regarding the proposed Citywide TDM Plan and proposed ordinances to implement the TDM program. I. The Citywide TDM Plan Would Benefit from Added Analysis ofTDM Strategies The Citywide TDM Plan should include greater discussion of different TDM strategies. Measure K-1 of the CAP directs the City to: "Adopt a citywide transportation demand management (TDM) plan, as described in the General Plan Mobility Element, detailing a mix of strategies to reduce travel demand, specifically of single occupancy vehicles." CAP at 4-16. In addition, the TDM strategies discussed in the Citywide TDM Plan should "include parking ordinances, subsidized or discounted transit programs, transit marketing and promotion, carsharing, bikesharing, parking pricing, and bike parking." Id. The draft Citywide TDM Plan, as proposed, does not include discussion of TDM strategies such as bike-or carsharing, subsidized or discounted transit programs, or bike parking. The draft Citywide TDM Plan would benefit from a more robust evaluation of the different TDM strategies required by the CAP. Indeed, the discussion in the CAP concerning the City's responsibility and implementation of the Citywide TDM Plan states: "The City of Carlsbad will develop a TDM plan describing strategies to reduce travel demand." CAP at 4-17 ( emphasis added). While the draft Citywide TDM Plan includes some passing mention of potential TDM strategies, it should provide a more comprehensive discussion of available TDM's the City may implement. A full evaluation of such strategies would enable future decision makers relying on the Citywide TDM Plan to make the best decisions possible for any future planning or development actions. The City may benefit from reviewing the ways other municipalities have included discussions of TDM strategies in their own TDMplans. One such example the City may follow is the San Francisco TDM Plan for 2017- 2020. Excerpts of the San Francisco TDM Plan are attached hereto as Attachment A. The San Francisco TDM Plan includes a sections titled "Implementation Strategies." This section discusses not only the broader TDM program goals and strategies, but also discusses key steps to implementing the strategies and reaching the TDM program goals. For example, one goal of the San Francisco TDM program "is for everyone in the city to be able to find it easy to access a range of high-quality transportation choices." San Francisco TDM Plan at 38. One strategy to accomplish this goal requires San Francisco: "Facilitate transportation equity through targeted provision of education and encouragement for minority, low-income, disabled, and senior populations to take transit, walk, bike, use rideshare or carshare." Id. The San Francisco TDM Plan then lays out key steps to implementing this strategy, including: "Investigate the feasibility of providing free bikeshare memberships to qualifying clients of San Francisco social service agencies" and "Support implementation of a pilot shuttle program to provide transportation services to Bayview Residents." Id. at 39. The section even provides February 26, 2019 Item #4 Page 36 of 48 City of Carlsbad City Council February 26, 2019 Page 3 of 6 information on the relevant lead and support agencies that would be involved with the implementation of the plan. Id. The draft Citywide TDM Plan would greatly benefit from such additional thought and discussion concerning available TDM strategies. Including such information, would make the Citywide TDM Plan a much more effective and informative document for future decision makers. NCA hopes the City will consider including in the Citywide TDM Plan a more complete analysis of the available TDM strategies the City may use in implementing its future TDM program. II. The TDM Program Ordinance Should be Broadened The Citywide TDM Plan and TDM program set a lofty goal of achieving a 10 percent increase in alternative transportation used by Carlsbad workers. Staff Report at 2. Under this goal, alternative transportation mode use would increase from 22 percent of Carlsbad workers to an overall 32 percent of Carlsbad workers. CAP at 4-16. The TDM program and ordinance must be broader to accomplish the City's target goal. a. The TDM Program Should Include All Nonresidential Developments The proposed ordinances to implement the TDM program should be amended to include all nonresidential development, not only "new" developments. Measure K-2 of the CAP directs the City to: "Adopt a TDM ordinance, defining a minimum trip generation threshold for nonresidential development projects." CAP at 4-16 ( emphasis added). Moreover, the CAP's discussion of the City's implementation of the Citywide TDM Plan reiterates this directive: "The city will also develop an ordinance applying to nonresidential developments meeting a specified minimum trip generation threshold, providing connections to public transportation whenever possible." Id. at 4-17 ( emphasis added). As proposed, the draft Citywide TDM Plan states: "The TDM ordinance can only address new non-residential development." Indeed, the Staff Report explains: "(T)he Citywide TDM plan and will apply to all new non-residential development projects where employees are estimated to generate a minimum 110 trips or more on average daily vehicle trips." As currently proposed, Chapter 18.51 is too narrow to meet the goals of the Citywide TDM Plan and CAP. The TDM program and ordinances should not be limited to only "new" nonresidential development projects. To achieve the City's goals, Measure K-2 contemplates a TDM ordinance that applies simply to nonresidential developments, both existing and new. Indeed, such an approach makes sense because of the potential flexibility of the TDM strategies that the ordinance would implement. SANDAG has explained: "TDM can be customized for specific events, neighborhoods, corridors, work sites, and time frames. Unlike new infrastructure, TDM programs can easily adapt and respond to economic and population changes." SANDAG TDM Guide at 3. Thus, the TDM program should not be limited by the currently proposed scope. Rather, the TDM program should apply to all nonresidential developments meeting the specified minimum February 26, 2019 Item #4 Page 37 of 48 City of Carlsbad City Council February 26, 2019 Page 4 of 6 trip generation threshold. To address any differences between existing and new developments, the TDM program could include a wide range of flexible strategies capable of being tailored to the specific context as contemplated by SAND AG. Accordingly, NCA hopes the City will consider amending the proposed TDM program ordinance to apply to all nonresidential developments consistent with the CAP. b. The TDM Program Should Include Residential Land Uses As proposed, the proposed Citywide TDM Plan and TDM program only apply to new nonresidential development projects. While Measure K-2 in the CAP requires that the TDM ordinance, at a minimum, define a minimum trip generation threshold for nonresidential development projects, there is nothing preventing the City from going above the minimum requirements to craft a truly effective TDM program. Indeed, SANDAG encourages local governments to include all land uses, residential and nonresidential, in TDM programs. SANDAG explains: While many jurisdictions apply TDM requirements only to commercial developments, residential developments should not be eliminated from the development agreement process. TDM strategies to be considered for residential developments are primarily influenced by the location and its proximity to facilities for alternative modes of transportation. Planned or new residential communities can use parking maximums rather than minimums; provide on-site parking for carsharing programs; offer bikesharing and bicycle parking, and amenities or facilities for pedestrians. SANDAG TDM Guide at 17 (emphasis added). Measure K-1 of the CAP directs the City to use the SANDAG TDM Guide "as a reference document to develop the city's TDM plan." CAP at 4-16. The inclusion of residential and nonresidential developments as encouraged by the SAND AG TDM Guide would greatly increase the City's ability to reach not only its alternative transportation goal, but provide additional tools to reach the CAP's GHG emission reduction goals. C. The TDM Program Minimum Threshold Should be Lowered The specific minimum trip generation threshold included in the proposed ordinance must be lowered. Without sufficient survey or basis, proposed Carlsbad Municipal Code Section 18.51.60 states: "This chapter, together with the TDM Handbook, shall apply to all non-residential development projects where employees produce a minimum of 110 average daily trips {ADT)." ( emphasis added). This high threshold, coupled with the current proposal that the TDM program apply only to new nonresidential developments, guts the potential effectiveness of the Citywide TDM Plan and TDM program. Indeed, one wonders if, under the current proposal, the TDM program would apply to enough developments in Carlsbad to be of real consequence. February 26, 2019 Item #4 Page 38 of 48 City of Carlsbad City Council February 26, 2019 Page 5 of 6 Rather than employ a seemingly arbitrary standard, NCA urges the City to calculate an appropriate minimum threshold for land uses that would be covered by the TOM program. The 110 ADT minimum is simply too high a threshold to meet the CAP and TOM program goals. The City could scale minimum thresholds relevant to the size and context of a land use covered by the TDM program. For example, the Santa Monica TOM program provides different minimum thresholds for residential and business related land uses. Santa Monica Muni. Code § 9.53.030. The Santa Monica TDM program applies to: "Any public or private employer, including the City of Santa Monica, having a permanent place of business in the City and employing ten or more employees." Id. § 9.53.020.S. It also applies to projects "that will result in the construction of 7,500 square feet of floor area or more, 16 residential units or more, or mixed-use projects of 16 residential units or more with any associated nonresidential components." Id. § 9.53.020.J. As demonstrated by the Santa Monica TDM program, a municipality may determine multiple thresholds that would be appropriate to the intensity of land use covered by a TDM program in order to maximize the program's impact. The proposed TDM program's minimum threshold trip generation of 110 ADT is too high and lacks adequate assurance that such a high threshold would enable the TDM program to be effective. The City should take this opportunity to determine appropriately scaled minimum thresholds and targets, for both residential and nonresidential land uses, that would increase the effectiveness of the TDM program and assist the City in reaching its transportation and GHG reduction goals. III. The City May Look to Other Jurisdictions of Insight in TDM Planning and Implementation The City's efforts may be aided by reviewing TDM plans for other municipalities. Reviewing TDM plans for a variety of different cities may illuminate the City's efforts. Indeed, certain municipalities such as the City of Los Angeles and the City and County of San Francisco have long grappled with transportation issues. A review of those municipalities' respective TDM plans and programs may provide insight to the City regarding effective strategies that could be scaled appropriately to the needs of Carlsbad. IV. Conclusion NCA supports the City in taking the important steps of proposing the City's first Citywide TDM Plan and ordinance for the TDM program. An effective Citywide TOM Plan and TDM program will allow the City to meet the transportation and mobility needs of its residents and commuting workforce as the City continues to grow. NCA hopes that the City will strongly consider the recommendations included herein to ensure that the Citywide TDM Plan is consistent with the CAP and SANDAG's TDM guidance. In order to ensure the Citywide TDM Plan and TDM program ordinance will accomplish the City's CAP and alternative transportation goals, NCA urges the City to February 26, 2019 Item #4 Page 39 of 48 City of Carlsbad City Council February 26, 2019 Page 6 of 6 adopt the resolutions with the following additions and/or amendments: 1. Amend the proposed Citywide TDM Plan to include evaluation ofTDM strategies consistent with the requirements of Measure K-1 of the CAP. The TDM strategies evaluated in the Citywide TDM Plan must include, at minimum, parking ordinances, subsidized or discounted transit programs, transit market and promotion, carsharing, bikesharing, parking pricing, and bike parking. The evaluation of each TDM strategy should include a discussion of the necessary steps to accomplish the strategy, and the responsible agencies for implementing the strategy. 2. Amend the language of the proposed TDM ordinance, including, but not limited to proposed Carlsbad Municipal Code Section 18.51.60, such that the TDM progran1 would apply to "all land uses", residential and nonresidential, that meet or exceed the TDM program's minimum trip generation threshold. 3. Lower the TDM progran1's minimum trip generation threshold for nonresidential development projects as proposed by Carlsbad Municipal Code Section 18.51.60. Determine additional, appropriate minimun1 trip generation thresholds to apply to residential uses. Thank you for your attention to this matter. Sincerely. }f?ZJ~ Tyler Hee February 26, 2019 Item #4 Page 40 of 48 ATTACHMENT A February 26, 2019 Item #4 Page 41 of 48 ,It~ ~~c~ITA ..... V ,-Transportation "tf / Agency . SF Environment Our home. Our city. Our planet. A Deportment of the Cit)' oi,d County of Son fral\dsco SAN FRANCISCO PLANNING DEPARTMENT February 26, 2019 Item #4 Page 42 of 48 SAN FRANCISCO TRANSPORTATION DEMAND MANAGEMENT PLAN Acknowledgments The development of this document involved the work of multiple agency staff especially John Knox White, Sarah Jones, Arielle Fleisher, and Charles Rivasplata of the San Francisco Municipal Transportation Agency; Krute Singa from the San Francisco Department of the Environment; Wade Wietgrefe and Am non Ben-Pazi of the San Francisco Planning Department; and Ryan Greene-Roesel and Jeff Hobson of the San Francisco CountyTransportation Authority. Many of the City and County of San Francisco's guiding documents recognize that infrastructure investments alone cannot create the transportation conditions that provide for a vibrant and environmentally sustainable city. This plan is San Francisco's commitment to holistically providing and pursuing Transportation Demand Management measures, including transportation system pricing, incentives, marketing and regulatory policy to ensure that all transportation choices and trade-offs are clear to San Francisco's residents, employees, and visitors. Edward D. Reiskin, Director ofTransportation San Francisco Municipal Transportation Agency San Francisco Municipal Transportation Agency 1 South Van Ness Avenue, 7th Floor San Francisco, CA 94103 Tel: 415.701.4500 Web: www.sfmta.com Tilly Chang, Executive Director San Francisco CountyTransportation Authority San Francisco CountyTransportation Authority 1455 Market Street, 22nd Floor San Francisco, CA 94103 Tel: 415.522.4800 Fax: 415.522.4829 Web: www.sfcta.org ~Q. ~ Deborah Raphael, Director San Francisco Department of the Environment San Francisco Department of the Environment 1455 Market Street, Suite 1200 San Francisco, CA 94103 Tel: 415.355.3700 Web: www.sfenvironment.org Jort~ Director San Francisco Planning Department San Francisco Planning Department 1650 Mission Street, Suite 400 San Francisco, CA 94103 Tel: 415.558.6378 Fax: 415.558.6409 Web: sf-planning.org SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY February 26, 2019 Item #4 Page 43 of 48 SAN FRANCISCO TRANSPORTATION DEMAND MANAGEMENT PLAN TABLE OF CONTENTS EXECUTIVE SUMMARY INTRODUCTION Background TOM Explained About San Francisco About the Plan MISSION, PARTNERSHIPS, GOALS & OBJECTIVES Partners Goals & Objectives Financing Equity Audiences Geographies MONITORING & EVALUATION Partners Working Group Measuring Effectiveness Defining Success IMPLEMENTATION STRATEGIES APPENDIX A: DEMOGRAPHIC DATA APPENDIX B: MEASURING SUCCESS APPENDIX C: PERFORMANCE MEASURES APPENDIX D: PARTNERS ROLES APPENDIX E: PUBLIC OUTREACH & ENGAGEMENT SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY 1 3 11 19 25 43 44 45 49 51 February 26, 2019 Item #4 Page 44 of 48 SAN FRANCISCO TRANSPORTATION DEMAND MANAGEMENT PLAN IMPLEMENTATION STRATEGIES 38 Strategy 10: Facilitate transportation equity through targeted provision of education and encouragement for minority, low-income, disabled, and senior populations to take transit, walk, bike, use rideshare or carshare. A goal of the TOM program is for everyone in the city to be able to find it easy to access a range of high-quality transportation choices. A lack of reliable and efficient transportation is often a huge barrier for many low-income people trying to access fundamental needs; furthermore, transportation has emerged as crucial to escaping poverty and overcoming many of its associated health impacts. Programs that promote walking and biking can have significant health benefits. To ensure that San Francisco residents, employees, and visitors who have limited English proficiency, are minorities, low-income, and/or seniors are aware of and educated about San Francisco's transit options, extra and concerted efforts need to be put forth to reach these populations, using culturally inclusive techniques. Key Actions: Promote pass-based programs that provide discounted Muni fares to low-and moderate- income residents, seniors, people with disability, and youth under 18. Lead:SFMTA Support: SFE Create a plan for gaining an understanding of the unique transportation needs and ways to serve a variety of socioeconomic and demographic groups in San Francisco, including those traveling to/from the city. Lead: SFMTA (local}, SFCTA (regional) Support: SFCTA/SFE/SF Planning (local) Investigate the feasibility of providing free bikeshare memberships to qualifying clients of San Francisco social service agencies. Lead: SFMTA Support: -- Provide ongoing outreach, education, and encouragement for all forms of transit, to target populations to reduce the cost of and facilitate the use of transit and bikeshare. Lead:SFMTA Support: SFE Support the creation of transit etiquette materials that focus on providing safe transit experience for passenger overall with an emphasis on seniors and people with disabilities. Lead:SFMTA Support: -- Support data collection and analysis on paratransit trips to ensure that services provided are optimal for San Francisco's senior and disabled populations. Lead:SFMTA Support: -- SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY February 26, 2019 Item #4 Page 45 of 48 SAN FRANCISCO TRANSPORTATION DEMAND MANAGEMENT PLAN IMPLEMENTATION STRATEGIES Integrate the provision of information about the transportation choices available to residents of low-income developments into their site management practices. Lead:SFMTA Support: SF Planning Investigate ways to ensure that vehicle sharing programs are financially accessible to people in all income brackets and regardless of primary language spoken. Lead: SFE, SFMTA Support: -- Support implementation of a pilot shuttle program to provide transportation services to Bayview Residents. Lead: SFCTA Support: SFE, SFDPH Strategy 11: Create/Formalize active transportation (walking and bicycling) encouragement programs. San Francisco residents, employees, and visitors are eager to include biking and walking as part of their transportation options. Safety has been identified as a key barrier to the expansion of non-motorized mode share. Bicycling and walking can be most directly encouraged through coordinated safety infrastructure investment, education, and enforcement. Promoting and facilitating safe biking and walking is key to ensuring a growth in these modes and is critical to helping San Francisco meet itsTDM goals. Additionally, SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY many Muni lines have exceeded their capacity at certain times of the day. The TDM program should, in concert with the SFMTA's transit division, consider ways to shift riders to bicycling and walking in order to free up space on Muni and provide space for additional commuters to shift from driving to transit. Key Actions: Support and promote Vision Zero pedestrian and bicycle safety promotion efforts. Lead:SFMTA Support:SFCTA,SFE Develop comprehensive, long-term programs that encourage people to bicycle and walk more. Lead:SFMTA Support: SFE Support the expansion of bicycle sharing and bike parking; provide recommendations and input on outreach materials and the strategic direction of the programs. Lead: SFMTA (public right-of-way)/SF Planning (new development) Support: SFE Provide and measure the impact of bike amenities, such as Bike Fixit Stations and permanent air pumps, throughout the city, concentrating on transit hubs, secondary schools, and retail business. Lead:SFMTA Support: SF Planning 39 February 26, 2019 Item #4 Page 46 of 48 Tammy McMinn From: Graham Thorley <graham.thorley@sbcglobal.net> Thursday, February 28, 2019 9:53 AM Sent: To: Matthew Hall; Priya Bhat-Patel; Keith Blackburn; Cori Schumacher; Barbara Hamilton; Scott Chadwick; Celia Brewer; City Clerk Subject: Transportation Demand Management (TDM) Dear Carlsbad City Council, I was pleased to listen to the Feb. 26, City Council Meeting report on Transportation Demand Management (TDM). However and I may be wrong, but this solution seemed to be more on complying with a state's mandate rather than providing a viable solution to removing the "one occupant" trip problem from Carlsbad's traffic problem. If this is correct and according to what was presented, Carlsbad is going to spend $200,0000 per year on a consultant and who knows how much more on city support staff to comply with the state requirements. In doing so, the TDM is so deficient in addressing the herds of elephants in the room, e.g. no not addresses and no solution for: • One to three million throughput passengers and the support traffic needed by the County's planned expansion of the airport. • No mention of the traffic generated by today's SR 78 or in the words of San Marcos' new Mayor, 78 is nothing but a parking lot. • How to address surrounding city traffic from taking a shortcut through Carlsbad to I-5 since 78 is nothing but a parking lot. • CalTrans future SR 78 and I-5 Interchange Construction will create more shortcut traffic • Carlsbad new and old subdivision "one occupant" traffic is exempt from this mandate • SANDAG and NCTD complete failure to plan for North County Growth That said and for those of you I already had a preliminary meeting with, I have added TDM to the list of "Identified Issues" on Page 7 and 33 of my proposal. Also, on page 33 TDM is listed as SOLVED. Finally, on Page 31, see GM's solution planned going live in San Francisco at the end of 2019 and in New York in 2020. This will give you an an idea on what is about to hit the industry. Lastly, unless there is a state mandate and since the council vote was only about releasing the RFP out for bid, it may be prudent to postpone the release of the RFP until we ALL have our second meeting and time to take a deeper dive into my proposal on solving ALL of Carlsbad's transportation needs. After all, my proposal is free and if we all agree it is worth the paper it is printed on, it will save the city hundreds-of-thousands of dollars in consultant fees. February 26, 2019 Item #4 Page 47 of 48 Thank you, Graham R. Thorley 2 February 26, 2019 Item #4 Page 48 of 48 Christie Marcella & Jason Geldert Feb. 26, 2019 Transportation Demand Management Recommended Action •Approve citywide TDM plan •Authorize staff to release RFP for TDM services •Introduce an ordinance adding Chapter 18.51 to the City of Carlsbad Municipal Code to establish TDM requirements as part of the development process Agenda •Regulatory Framework •What is TDM •Citywide TDM Plan •TDM Ordinance •TDM Program Milos Stankovic CarGurus Climate Action Plan Reduce Driving Alone Reduce Vehicle Miles Traveled Reduce Greenhouse Gases Regulatory Framework General Plan Reduce Driving Alone Reduce Congestion Improve Quality of Life Transportation Demand Management Regulatory Framework •Climate Action Plan –Goal: Increase alternative mode use by 10% –Measure K-1: Adopt Citywide TDM Plan –Measure K-2: Adopt TDM Ordinance Climate Action Plan What is TDM? •The application of strategies and policies to reduce travel demand, or to redistribute this demand in space or in time. -Wikipedia www.Monterey.org a a a a • Q 0 0 -a " ~ a a a a TDM Measures .. -... Walking Transit Bike Mobile/ Flex-Time Rideshare/ Off-site Carpooling a a a a a a a a a Citywide TDM Plan •Infrastructure •Regulations & Policies •Guiding Resources •TDM Program TDM Ordinance •Applies to non-residential development •Generate 110 or more average daily employee trips (~30 employees) •Requires a city approved project-based TDM plan through the planning or building permit process TDM Ordinance •Threshold: 110 average employee trips daily •Governor’s Office of Planning & Research =20 employee trips=20 customer trips Restaurant -120 avg daily trips total -20 avg employee trips -No TDM required Hotel -240 avg daily trips total -120 avg employee trips -TDM required TDM Ordinance •Project-based TDM Plan –Site infrastructure –Programs & Incentives –Outreach & Marketing My Parking Sign CARPOOL AND VANPOOL PARKING ,~ ON©i:v ,J)- 1 TDM Guiding Resources •TDM Handbook •TDM Online Tool •TDM Plan Template •Plan Development Assistance Transportation Demond Management" Handbook (__ City of Carlsbad steer D • D ,hy □Low □Medium □High TDM Program •TDM Program –Development review assistance –Proactive service to existing businesses –Multimodal service management –Monitoring & reporting TDM Program Resources •Staffing to be requested in FY 2019-20 budget •Consultant Services –Expertise in transportation strategies –Develop appropriate framework –Cost effective –Approximately $200K annually Recommended Action •Approve citywide TDM plan •Authorize staff to release RFP for TDM services •Introduce an ordinance adding Chapter 18.51 to the City of Carlsbad Municipal Code to establish transportation demand management requirements as part of the development process