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C.26

To:	Board of Supervisors
From:	TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE
Date:	March 7, 2023

Contra

Costa

County

Subject:

Accessible Transportation Strategic Plan: Approve Coordinating Entity - Measure X Funding MOU with CCTA

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 03/07/2023

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

John Cunningham, 925-655-2915

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: March 7, 2023
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

As a condition of a performance payment to the Contra Costa Transportation Authority in the amount of $280,000, APPROVE proposal of the Contra Costa Transportation Authority to form a partnership with a new or existing nonprofit community-based organization as the type of Coordinating Entity to be established to implement the recommendations of the Accessible Transportation Strategic Plan,

FISCAL IMPACT:

None. Measure X funding was authorized by a previous Board action.

BACKGROUND:

The County's Memorandum of Understanding (MOU)* with CCTA to provide Measure X funding for the implementation of the Accessible Transportation Strategic (ATS) Plan includes five payments. Each payment is tied to specific performance requirements that must be met in order to release funding. Performance requirements for Payments 1-3 and 5 are reviewed and processed administratively.

BACKGROUND: (CONT'D)

Payment #4 requires concurrence from the Board of Supervisors on the form of the CE being established by the Contra Costa Transportation Authority and is the subject of this report.

Coordinating Entity Recommendation in the ATS Plan
The ATS Plan included a recommendation to create a new "coordinating entity" that would be responsible for implementing the recommendations of the Plan. The lack of a responsible party was identified as a weakness in prior plans. The following is the recommendation in the ATS Plan for the CE:

Establish a Dedicated Countywide Coordinated Entity (CE)
A CE should either be created or designated to implement countywide study recommendations. The Task Force (TF) will be responsible for determining where this entity should be housed – it could be in an existing non-profit or public agency, or the TF could determine that a new entity will need to be established.

As shown in the language above, the ATS Plan did not determine what type of organization the CE would ultimately be. This was to be explored and determined after the adoption of the ATS Plan by the ATS Task Force.

The ATS Task Force met for just over a year and among other activities, developed a recommendation for the type of CE that should be established. The Task Force reviewed the following organization types as potential options for CE designation:

One of the Contra Costa public transit agencies (AC Transit, County Connection, Tri Delta Transit, WestCAT)
The Contra Costa Transportation Authority
A new or existing non-profit
A new joint powers authority

At their October 20, 2022 meeting, the ATS Plan Task Force recommended to the CCTA that a framework be established for the Countywide CE as a nonprofit/CCTA partnership.

The CCTA Board considered the Task Force recommendation at their December 21, 2022 meeting with Ying Smith (Director of Programs) explaining that CCTA would establish a new non-profit CE to coordinate the accessible transportation programs and services with the intent that the transit operators maintain authority over their ADA paratransit operations. The CCTA Board concurred with the Task Force recommendation and approved the establishment of a framework and concept for the Countywide Coordinating Entity with a unanimous vote. The meeting minutes from the 12-21-22 CCTA Board meeting are attached to this staff report.

Measure X CE Payment
The Measure X MOU includes the following language related to Payment #4 which addresses the establishment of a new
Coordinating Entity.

Task 3. Identify and, if necessary, create, the Coordinating Entity and take all feasible steps to establish the entity’s operations. For the Coordinating Entity to be created, the task force will submit its final recommendation for approval to the County Board of Supervisors, through the County’s Conservation and Development Department, and to CCTA’s Board. Both parties shall agree on the organization type of the Coordinating Entity in order for the 20% Coordinating Entity funding to be provided per Schedule 2. The two parties shall meet as necessary to come to an agreement. Payment 4: 20% will be paid within 60 days of receipt of an invoice and supporting documentation establishing that the Board of Supervisors and CCTA have approved the Coordinating Entity recommendation in accordance with Schedule 1. (Task 3)

Discussion
The ATS Task Force conducted a robust, public process which ultimately led to a staff recommendation of a CCTA/non-profit partnership as the CE. The Task Force voted unanimously in support of the recommendation. A diverse range of stakeholders participated in the dialog including executive staff and Board members from Contra Costa's public transit operators, non-profit staff, local elected officials, and Contra Costa Health Services staff.

Transportation, Water, and Infrastructure Committee (TWIC) Discussion
The ATS Plan is on the TWIC list of referrals, the Committee discussed this matter at their February 14th meeting and approved bringing it to the Board of Supervisors meeting with recommendation to approve.

*Agreement No. 623 "Funding MOU Between County of Contra Costa and the Contra Costa Transportation Authority, effective April 1, 2022, for the Implementation of the Accessible Transportation Strategic Plan" (Link to Agreement No. 623)

CONSEQUENCE OF NEGATIVE ACTION:

If the action is not taken, then CCTA would not be eligible for Payment 4 as established in the Accessible Transportation Strategic Plan Measure X Funding MOU.